The Tragic Use of Words to Criminalize Human Beings

Last Friday, the Minnesota Daily ran an article about the Asylum Law Project at the University of Minnesota.  The headline read, “Law Students Help Illegal Immigrants.” While the main thrust of the article was very pro-immigrant and gave voice to numerous groups involved in immigrant advocacy, the inclusion of the term “illegal” somewhat marred its message. After letters of protest from as near as the East and West Bank and as far as California, the Minnesota Daily Editor-in-Chief Vadim Lavrusik published statement explaining the misunderstanding, reiterating the Daily‘s 2006 commitment to use the term “undocumented,” and the editing of the article.

The Associated Press style book currently prefers “illegal immigrant” over “undocumented worker” or “illegal alien.”  While not as bombastic as the latter, “illegal immigrant” still criminalizes people and implies an overgeneralization.  For example, the cases the Asylum Law Project worked on were asylum seekers, who are neither legal nor illegal.  These people declared to the United States government they were seeking asylum from their home country; as a result, they are kept in detention centers until their case is decided.  To dub people like this “illegal” is to hold individuals guilty until proven innocent, a sad digression of American justice.  It is sad that the AP style book still persists in continuing a journalistic tradition that perpetuates such divisive and alienating terminology.

The common use and acceptance of derogatory terms in mass media track the same public discourse that laid the ground for the Chinese Exclusion Act of 1882.  Called “Coolies” and “Asiatics” for years, accused of depressing wages and bringing subversive politics, decried as failing to integrate and having “anchor babies,” Chinese-Americans were discriminated against for decades preceding this first racially-based immigration legislation.  Chinese immigrants were effectively barred from citizenship until the act was repealed in 1943 with the Chinese Exclusion Repeal Act.   As has been the case historically, the ways Chinese immigrants were framed in the media affected the way they were viewed nationally.  Associated Press should be pressured to change their practice of using “illegal immigrant” in articles throughout the United States.  Please write a letter or email to the editors, telling them that no human being is illegal and that we are capable of more civil and exact nomenclature for migrants.

Students Experience Flawed Immigration System

On Friday, the Minnesota Daily ran an article about America’s flawed immigration system.  While it uses words like “illegal alien,” the thrust of the article is focused on the harsh realities of an immigration system which criminalizes children and families and which detains men and women for extended periods of time.  It was truly an honor to partner with groups like Las Americas and Texas Rio Grande Legal Aid, Diocesan Migrant and Refugee Services and Texas Civil Rights Project; please support them in their ongoing efforts to represent our nation’s most vulnerable community.

U students experience flawed immigration system

BY Alex Robinson
PUBLISHED: 01/22/2009

As immigration issues continue to frequent court rooms, political speeches and circles of public debate, about 70 first-year law students helped illegal immigrants work their way through the legal process during their winter break.

The law students, who were all members of the Asylum Law Project spent about a week scattered across the country volunteering with nonprofit legal aid organizations that specialize in assisting illegal immigrants.

The students filed briefs, met with clients and helped lawyers fight through their heavy caseloads.

Asylum Law Project President Jordan Shepherd volunteered in border town El Paso, Texas and said it was an invaluable experience.

“I was finally able to get my hands dirty in law,” Shepherd said. “It was a lot of people’s first opportunity to get actual legal experience.”

While the students enjoyed their first taste of legal work, they also witnessed glaring problems with the current immigration system.

“There are difficult things that lie ahead for [immigrants],” Shepherd said. “Immigration courts have their hands full.”

Problems in border town

First-year law student Matthew Webster also volunteered in El Paso and said that he met with many detainees who were being held in detention for unreasonably long time periods.

Webster said he met a man from Mexico who had been held at the immigration detention center for about 14 months and the man still did not know where he was going to be sent. He also said there were children detained in El Paso; the youngest he saw was only six months old.

“Most of the rhetoric focuses on crimes or laws but too often we forget these are people,” Webster said.

There are three centers that detain children in El Paso, and combined they can hold about 160 children, said Adriana Salcedo , a lawyer who worked with the law students in El Paso. In the summer they’re completely full.

Salcedo’s organization, Las Americas Immigrant Advocacy Center, located in El Paso, turns away clients every week because case loads are too heavy.

Illegal immigrants are not appointed an attorney because they are not U.S. citizens, Salcedo said.

If they cannot afford a lawyer and they are not lucky enough to get representation from a nonprofit organization, they are forced to explore their legal options on their own.

Salcedo said some detained illegal immigrants simply choose deportation instead trying to work through the legal system.

“They do not know what their legal rights are and they don’t recognize they have some sort of immigration relief,” Salcedo said.

Border fence controversy

University student Webster marched 125 miles along the Texas border last March to protest the 670-mile border fence which is currently under construction and is projected to cost about $1.6 billion.

Only days after Webster returned from his volunteer trip with the Asylum Law Project this January, the Texas Border Coalition asked the U.S. Supreme Court to hear its case, which claims the fence violates a variety of state and local laws.

Proponents of the border fence argue that it will reduce crime and drug trafficking by illegal immigrants, and many politicians voted in favor of it in the Senate in 2006, including President Barack Obama, Sen. John McCain and Secretary of State Hillary Clinton.

However, Chad Foster , chairman of TBC and mayor of Eagle Pass, Texas — another border town — said the fence is a waste of resources and will only slow much needed immigration reform. The fence is currently under construction in Eagle Pass.

According to Foster, border security and illegal immigration are not a border town problem, but rather a national problem.

“If you want to clean up undocumented immigrants you have to start within the Beltway because they are serving the Department of Homeland Security coffee,” Foster said.

Increasing the amount of border patrol and implementing more new technology to guard the border would be far more effective than a border fence, Foster said.

Foster said he has good relationships with some politicians in Mexico, and working with his neighbors to the south is far more productive than trying to fence them off and lock them out.

But proponents of the fence have given Foster plenty of heat for his stance on border security.

“I’ve been called a narcotraficante ,” he said. “People ask me if I’m an American.”

The End of Guantanamo Bay is Just the Beginning

Yesterday morning, Barack Obama signed executive orders to end the CIA’s secret overseas prisons, ban coercive interrogations (read “torture”), and close Guantanamo Bay within a year.  In just his second full day in office, Obama made good on one of his campaign promises, saying that “our ideals give us the strength and moral high ground” to combat terrorism.  (Shane, Scott. New York Times) The whole world must have breathed a sigh of relief to see the United States moving back towards its role as a leader in human rights.

Since 2002, this small base in Cuba has housed detainees, many of whom were held without charges, representation, or many basic human rights.  As Vince Walker famously said when Gandhi’s followers were brutally attacked and killed by the British following the 1930 salt march, “Whatever moral ascendancy the West held was lost here today.” (http://lisahendrix.com/2008/06/).  As the United States has attempted to encourage countries like Iran, China, and North Korea to cease their violations of human rights, our exhortations have sounded hollow when Guantanamo Bay was in full operation just miles from Florida.

All Americans should applaud this bold move by Obama to move the United States back into its place an international leader.  But this must only be the beginning.  Within our borders, detention centers are cropping up in every state.  Texas is building new “immigrant processing” centers every year, and this for-profit business is rapidly expanding.  As the United States continues to balk on comprehensive immigration reform, these containment camps flourish while immigrants languish.  Few know where they are, even fewer know the name of a local lawyer who can represent them. Many will sit for months in cold dark cells, some for years.  In the last 6 years, from 2002 to 2008, immigrants detained in like centers have skyrocketed from under 21,000 to more than 31,000.  Disabled immigrants and those with mental health issues aren’t being served, and often their conditions are worsening steadily.  As Equal Justice Fellow at Advocacy Health Services of LA Greg Pleasants, “All protections that exist in other areas of the law (for mentally and developmentally disabled individuals) do not exist for these respondents.”  (Tillman, Laura. Brownsville Herald).  Just last week, federal immigration officials investigating the tragic death of Chinese comuter engineer Hiu Lui Ng in Donald W. Wyatt Detention Facility of Central Falls, R.I, revealed that he had been denied treatment and his cancer and fractured spine had been undiagnosed, leading to his agonizing death on August 6, 2008. (Bernstein, Nina).

Thankfully, some changes have already begun to have a positive effect.  Since unaccompanied minors were removed from adult detention centers and switched from DHS (Department of Homeland Security) jurisdiction to that of Health and Human Services, their care has substantially increased and they are being better served.  With Guantanamo Bay closed and the United States human rights record looking better, we must continue to encourage our administration to take positive steps to eradicate human rights abuses within this nation.  Our immigration system must move towards a day when immigrants are not criminals or numbers but people, families, lives, souls.  Please don’t stop at Cuba, Mr. Obama.

Whittling Away Immigrant Rights

“Injustice anywhere is a threat to justice everywhere.”

Martin Luther King, Jr.’s words ring truer than ever on the heels of Attorney General Michael Mukasey’s latest ruling on January 8, 2009. Mukasey issued a ruling concerning appeals to the deportation of three different immigrants. The immigrants appealed on the basis of attorney error, but Mukasey stated that, “neither the Constitution nor any statutory or regulatory provision entitles an alien to a do-over if his initial removal proceeding is prejudiced by the mistakes of a privately retained lawyer.” (Schwartz, John. New York Times)

A case five years ago, In re Assad, established precedence which prompted the Board of Immigration Appeals to routinely allow immigrant appeals on basis of attorney error. However, the Attorney General’s ruling is now prevailing law, barring an appeal.

While some support this eleventh-hour ruling by the departing Attorney General, others argue that immigrants are often preyed upon by extortionary attorneys or have to settle for less-than-competent counsel. The 9^th Circuit said in one opinion last year that often “vulnerable immigrants are preyed upon by unlicensed notarios and unscrupulous appearance attorneys who extract heavy fees in exchange for false promises and shoddy, ineffective representation.” (Schwartz, John. New York Times) I can personally attest to this, having worked on asylum cases where families in removal proceedings were charged $10,000 and then asked for another $12,000, all with nothing to show for it but lost time inside a drab detention center.

Extreme lawyerly error, as determined by the court, is now the only way immigrants can appeal cases based on the quality of their defense. Mukasey negated the most common method of appeals in immigration cases by explaining, “There is no constitutional right to counsel, and thus no constitutional right to effective assistance of counsel, in civil cases.” (Schwartz, John. New York Times)

By the time Obama gets established in office, hundreds if not thousands of immigrants could potentially have been deported due to Mukasey’s new ruling. Mukasey and other supporters of this ruling argue that this appeal was too often a delay tactic by immigrants attempting to stay their removal proceedings. What is certain is this – immigrants’ Constitutional rights shrunk five sizes last Thursday. And when anyone’s civil liberties are threatened, all our rights are. As another of Dr. King’s statements elucidates, we are “caught up in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly.” For extralegal immigrants, 12 million and growing, this latest legal decision strips Constitutional rights the rest of America takes for granted. Mukasey’s latest ruling creates a dehumanizing distinction between Americans with rights and those without. Until this ruling is appealed, as we should all hope, we must be vigilant that the most vulnerable Americans aren’t exploited under the auspices of new controlling law.

Throughout the chilling allegory of Orwell’s Animal Farm, the Constitution or Commandments by which the animals live slowly change.  Although they begin their society with the fundamental premise that “All Animals are Equal,” it is soon changed to “All Animals are Equal, but some are More Equal than Others.”  This is the essence of Mukasey’s new ruling, that immigrants, like detainees at Guantanamo Bay, have little to no rights because they are not recognized as citizens of these United States.  What held true in Animal Farm will surely hold out here; if we allow some people to be more equal than others, we are setting up a system which necessarily exploits the most vulnerable. We must take heed not to read into the Declaration of Independence the word “citizen” where it has always said, “All men are created equal.”

The 100 Days after MLK Day

With the penultimate Franco statute just pulled down in Santander three weeks ago, Espana continues its progressive immigration reform by allowing some 500,000 descendants of Spaniards who fled their homes when Francisco Franco came to power. Some of these families haven’t been back to Spain since they sought refuge in 1936, the start of the three-year-civil war. 70 years later, Spain is making good on its citizens.

Since Franco died in 1975, Spain has been on a commendable journey to establish itself as a leader in human rights. Spain currently has one of the most liberal and welcoming immigration policies in the world, and their economy has rebounded because of it. Current Socialist leader Jose Luis Rodriguez Zapatero has instated many programs such as this repatriation plan. This legislation hold particular significance for him and all of Spain; Zapatero’s own grandfather was executed by Franco’s regime. (“Spain Declares 500,000 Eligible for Citizenship”)

This coming Monday, President-elect Barack Obama meets with Mexican President Felipe Calderon. While NAFTA and the Merida Initiative (a multinational program the US funds to help curb drug-trafficking in Latin American countries) will certainly be high on the topics list, immigration must be discussed in earnest. Though it was a hot topic in the nomination process, Obama and McCain shied away from the issue in their debates and stump speeches. 70% of Latinos voted for Obama, illustrating, among other things, their belief that he will be able to address immigration issues in a human and comprehensive way.

As Jorge Casteneda recently wrote in an eloquent New York Times editorial, Bush’s two terms truly represent a nadir in American immigration policy. With the consolidation of multiple agencies into DHS (Department of Homeland Security), there are fewer checks and balances to ensure the human rights of immigrants. The deluge of detentions, spendy deportations, elaborate raids, and futile border-wall construction is indicative of a department that lacks an E-Brake.

Despite some of George W. Bush’s laudable efforts to inspire immigration reform in Congress in 2001, 2004, 2006, and 2007, few positive changes were made to make immigration policy more humane or most efficient. Wait times at border crossings are longer than ever, the current wall has only diverted traffic to more dangerous areas and techniques, and legal immigration channels are more and more clogged due to unresponsive immigration laws that fail to reflect contemporary patterns of human migration.

In his article, Castaneda astutely notes that presidents have rarely been successful with immigration reform unless they led with this policy at the height of their power. It is the prayer of millions across these United States, not the least of whom are the 12 million unauthorized immigrants waiting for recognition and a chance to live life with rights and visibility, that Obama will campaign for humane changes in immigration during the first 100 days of his term. As Castaneda writes, this would “…say to the rest of the world that, on his watch, the United States will not build fences, deport mothers without their children, nor persecute foreigners. He can do all this with just a stroke of his pen.” (“Call Off the Immigration Hunt”) These United States, and indeed the entire world, wait to see what will happen the day after Martin Luther King Jr. Day 2009.

Children caught up in an Unresponsive Laws

Stepping through the door of this nondescript building which houses young immigrant children awaiting their court dates, I am struck by its diametrically different feel. Whereas the purpose of adult detention centers (euphemistically called “processing centers”) is to keep those inside from getting out, the intent of these children’s homes is to protect children and keep people from getting in. Some of these children are government informants against human traffickers, and others owe thousands of dollars to smugglers who exploited them and their families. Additionally, these children are the most vulnerable people within our borders today – it is good to see the government realize that and do their best to ensure their safety.

Only 5 children were present at the Lutheran Social Services (LSS) children’s home when we arrived at 10:00. These children were going through picture dictionaries, the staff offering them one-on-one assistance as they try to teach some basic literacy during their short stays (averaging 36 days). The other children were on a tour of the Immigration Court in the El Paso Federal Building downtown. LSS makes it a point to introduce the kids to the court room and Judge Hough, so they’re not terrified when they are called to respond to the government’s pleadings against them.

Most of these 5-12 year-old kids leave LSS after 36 days, usually because they are reunified with some family or sponsor. Some are deported prior to that, however. All these kids are placed in temporary foster homes, where they are welcomed into loving Spanish-speaking homes. The foster parents even go so far as to stop serving the traditional Chihuahua fare of tortillas de harina for corn tortillas.

Even after kids are reunified, however, they can still be deported. It is hard to think of children like this being sent back to Guatemala or El Salvador. It is even harder to think of them coming up by themselves, with an aunt, with a younger brother.

LSS does a good job by these kids, and they are excitedly awaiting the time in a few weeks when they can finally move into a bigger facility. There are no signs on the outside of this small building, but they do manage to evaluate children’s academic levels and send progress reports home. The children don’t seem to mind the cramped quarters at all. When we say Adios to the children at LSS, all of us wish them this in its truest sense.

Since children were banned from being detained with adults and their care was transferred from DHS (which contains ICE, the department which has enthusiastically raided workplaces, patrolled streets, and hunted immigrants down the last few years) to human services, these children’s care has improved tremendously. Rather than the drab walls of a prison cell, they are allowed to decorate the walls with their schoolwork and drawings. Instead of waiting impatiently, educational services have been provided to these children so that their detainment time isn’t totally wasted.

After visiting LSS on Friday, Sister Phyllis then took us to Canutillo to visit the Southwest Key children’s home there. This facility got its name because it attempts to be a key in the Southwest to a better life for immigrant children. The Canutillo establishment is much bigger, with capacity for 94, and their children are from 13-17. One of the saddest days in the home is an 18^th birthday; on that day, the child is transferred from this warm welcoming environment to the adult detention center down the road.

Since Reno v. Flores established some basic guidelines for the detainment of children (such as their right not just to liberty but also custody), facilities like Southwest Keys have risen to the challenge to nurture the lives of these children for as long as they’re in the United States. The site offers English literacy and math classes, but it also offers some highly-popular vocational classes. I have never seen a cake decorated as nice as the penguin cake the kids decorated just last month, and the murals on every wall in the building showcase that these kids have true talent.

Additionally, this facility has on-site counselors and social workers, to ensure that all their needs are met. Some children come in with chemical dependency, or horror stories from their home country or their long journey north. The staff was incredible at welcoming the children and helping them begin to heal. Looking at them, I am reminded of my own high-school students. Only a paper distinguishes these kids from any others.

Louie, the executive director, finished our tour by reminding us that with the increased militarization of the US border policy, along with the violence of the escalating drug wars in Latin America, more and more kids are stranded in Juarez without access to such facilities as LSS and Southwest Keys. My heart goes out, realizing that a half-mile away kids are wandering the streets wondering about their family back home (if they have any) and hoping for a new life just on the other side of the river. I pray they may find a home somewhere.

From where I stand, I can see wall ending

Judy Ackerman and me at Rio Bosque

This morning I was picked up in front of the Gardner Hotel in El Paso by the only person who has engaged in civil disobedience against the border wall. Texas, once a center of the Chicano movement, the site of the Alice student walkouts and state-wide protests against segregated schools, hasn’t seen such civil disobedience in a long time. For an issue as appalling to border residents as the Secure Fence Act of 2006, however, it’s been a long coming.

Judy Ackerman was fifteen minutes early, waiting for me on Franklin Avenue in an unassuming sedan. We talked the 15 minutes to the Rio Bosque Wildlife Refuge, but I can’t remember much of what was said. I do remember the way the border wall seemed to extend forever, farther still than the Rocky Mountains or the Sierra Madre, both of which end in this bi-national border community of almost 2 million. For years there has been a wire fence snaking along the Rio Grande, but lawmakers unfamiliar with the history of El Paso del Norte deemed it fit to separate Texas from the river and Mexico from its neighbor.

As we bounced and jounced toward Rio Bosque along the potholes containing some road, Judy seemed surprised that Diewitz workers were not already at work this Friday morning. Sadly, their work has progressed rapidly since Mrs. Ackerman first delayed the excavation on December 17. The wall now bounds most of the park, although many more miles are planned. In parts, it completely obscures the beautiful dun-brown mountains.

In spite of, or perhaps because of, the enormity of the sadness that border fence evinces, Judy instead told me about an old cottonwood tree. “This border wall has really brought the community together. Take that old tree there,” she said, pointing proudly to a cottonwood with a perfect crown and brown leaves still holding onto its branches. “The Border Patrol came through and chopped down two others just like that, because they extend in part onto their service roads. John Souse stopped them just in time. He quickly mobilized the local activists, and pretty soon the media was calling the Border Patrol wanting to interview them about their part in the killing of the last great cottonwood. By that time, the Border Patrol changed their tune and denied ever having entertained such an idea.” Ah, behold the power of people.

Few other trees in this Rio Bosque wildlife refuge, or in the El Paso area in general, are native originals. About eleven years ago, Souse graded this land and rerouted the Rio Grande to recreate its once wild trajectory. It was this capriciousness which earned the river its Mexican name, “Rio Bravo.” Now, cottonwoods and the invasive salt cedar fill the refuge, providing ample habitat for a variety of animals and birds.

As John Souse drove Judy and I through the small refuge (the only of its kind for miles and miles), I was astounded at the number of hawks. Harrier hawks sat atop cottonwoods, flicking their striped tail and looking too heavy to balance on so tenuous a perch. Cooper’s hawks cut through the morning air, chasing each other in the joy of it all. Harris hawks and red-tailed hawks flew over the duck pond, artfully weaving and dipping like stunt pilots.

The duck ponds highlight one of the major problems posed by the border wall. With a border wall cutting the refuge off from the Rio Grande, the animals have no way to access the river. Ducks have been reported to fly into the mesh wiring of the fence as well. Additionally, with no access to the river, Rio Bosque has to fight for its water rights. Since it is not a “money-making” enterprise such as agriculture or industry, the refuge only receives water in the off-season – November through January. The new well which was installed to pump groundwater into the canal and pond just fell into the ground on account of the contractor’s poor craftsmanship. Without this water, particularly during the stifling dry months, Rio Bosque would dry up and leave this valley without a treasure trove of nature.

“When I was standing in front of the bulldozer, I kept remembering what the ACLU told me – ‘Don’t ask if you are arrested; ask if you are free to leave.’ So, as the Texas Rangers, local police, DHS agents, and county sheriffs bickered about whose jurisdiction my civil disobedience fell under, that was all I could think to say. ‘Am I free to leave?’” Judy laughed, “Their response was always, ‘Yes, please! We’ve been waiting all day.’”

Judy’s military training prepared her well for keeping cool in such a hot situation. She executed civil disobedience in near perfect fashion, contacting authorities before and remained calm, cool, and collected during the demonstration. Judy had been well advised of the consequences of her action, and show she exhibited no fear. More importantly, she showed no anger toward the individuals on site. “I wasn’t mad at them,” she reminded me more than once. “I was protesting the idea of this wall.”

While she remembers all the authorities being civil and respectfully during the civil disobedience, sadly some spectators across the canal yelled out taunts and jibes at the officials. Judy remembers the Texas Ranger getting particularly peeved at that. “She’s not risking anything, but she keeps yelling at us and trying to get you [Judy] into deeper trouble.” Thankfully, Judy and her composure ruled the day, and it was clear that this was about more than an “Us vs. Them” scenario.

I walked down to the river, marveling at its relative freedom. I have seen where this river empties into the Gulf, broad and flowing at Boca Chica. Here, a few good strokes would get me across to Ciudad Juarez. Upstream, it is dammed and controlled meticulously. Farms and industries sap its strength as well, using as much as 99% of its water before it reaches the Gulf of Mexico. Climbing back up the steep riverbank, the border wall comes into sharp focus again. Franklin Mountain barely shows its peak above the wall, and the free-roaming tumbleweed country of this old Wild West Town seems all but a memory in the shadow of these steel girders. Would John Dillinger know the Gardner Hotel and downtown El Paso today? Would Marilyn Monroe recognize the Kentucky Club in a Juarez robbed of most its customers? Will anyone remember the time before this wall?

Looking back east, I can make out where the wall ends. That sight still gives me hope. Perhaps we’ll see our folly before it’s too late and this history is already written. I thank God that the history written by man is never penned in permanent ink.

Border Wall on Rio Bosque

El Paso Times Article

Here’s a local write-up of Day 3 of our Asylum Law Project trip to El Paso.

“Help for immigrants: Minnesota law students lend hand”

By Darren Meritz / El Paso Times

Posted: 01/08/2009 12:00:00 AM MST

University of Minnesota law students Cortney Jones, left, and John Kevinge wrote appellate briefs for pending immigration cases at the Diocesan Migrant and Refrugee Services at 2400 E. Yandell Wednesday. Three groups of students will come to El Paso in a univeristy program that is in its 15th year. (Rudy Gutierrez/El Paso Times)

EL PASO — Immigrants escaping persecution and trying to find a better life in the United States are getting help in El Paso this week from out-of-state law students.

First-year University of Minnesota law students are spending time in El Paso to learn more about immigration law and to lend a hand to immigrant advocacy organizations such as Las Americas Immigrant Advocacy Center, the Diocesan Migrant and Refugee Services and Texas Rural Legal Aid.

It’s the program’s 15th year.

About 11 students — the first of three groups coming to El Paso — are here this week participating in the University of Minnesota’s Asylum Law Project. The project is effort to give students an opportunity to work with immigrants and people seeking asylum who look for help from local immigrant advocacy groups.

“Just as a nation, we’re somewhat distanced with what’s going on in the world, especially when it comes to human-rights abuses,” said Raymundo Elí Rojas, executive director of Las Americas.

“I think with programs like this, if the students were not already aware of the plight of people persecuted in their home country, I hope by the end of the week they become aware of what’s going on.”

Students in the Asylum Law Project at Minnesota Law said that immigrants face a slew of obstacles before they can freely set foot in the United States.

“They’re in such a tough spot,” said Matthew Webster, a vice president with the Asylum Law Project. “They’re largely a voiceless population and don’t have a lot of the protections that we take for granted.”

Law student Ashley Engels said she spoke with a woman who had to wait 12 years before she could apply for legal residency.

Engels also worked on a case in which a juvenile had to wait 18 months in detention before he could apply.

“A lot of times, the people at detention centers get hopeless and say, ‘I just want to be sent back,’ ” she said.

“It’s crazy how long it takes,” Engels said. “A lot of them have really good cases, but I don’t think they realize.”

Darren Meritz may be reached at dmeritz@elpasotimes.com; 546-6127.

How do you Communicate your Love for a Foreign Land?

This past Monday was the deadline for braceros to file for money owed them from the government of Mexico. During the Bracero Program, Mexico was given money for each bracero, but few received this money when they repatriated.  Between 1942-46, 250,000 braceros invested money into this automatic deduction program.  The Border Farmworkers Center/Centro de Trabajadores Fronterizos in El Paso participated in the Bracero Program, helping to register some 100,000 Mexican farmworkers eligible for the program. Eight years ago, six migrant farmworkers sued Wells Fargo, the US and Mexican government in a US federal district court.  While not admitting they did anything wrong, the Mexican government set up a $14.5 million fund to reimbures qualified braceros with up to $3,500. (El Paso Times)

As evidenced by El Paso’s commitment to registering braceros, they are a largely an immigrant-friendly city.  The Mexican Consulate in El Paso vaccinated over 600 Mexican immigrants in 2008.  Additionally, the Consulate has offered a free clinic to many immigrants afraid to go hospitals for fear of being reported.

Other groups in El Paso also reach out to a community too often voiceless and without rights.  Casa Anunciacion, an immigrant safe house which houses and feeds immigrants as they seek to integrate into American life, look for a job, try to relocate a spouse, or any other host of reasons that causes someone to endure hardships in order to migrate to a new land.  The house is a haven for women affected by spousal abuse, who have to wait upwards of a year before receiving relief thru VAWA (Violence Against Women Act).  It’s also a haven for teen mothers, or unacompanied children, or new arrivals, or recently jobless immigrants.  (Latin American Herald Tribune)

It is strange for me to live on the border again.  It feels like home in some ways, full of the life generated by so much diversity and interchange between such large nations.  It feels like a return to form to be working with immigrants one step over the Rio Grande and one step towards citizenship. I’m flooded with memories of  Brownsville, of the tight-knit immigrant communities all along la frontera, of the machismo but also the deep faith, of the fascination with futbol and the foreignness of the downtown markets.

It is also weird for me to return with people unacquainted with la vida en la frontera.  I vaguely remember when my ears perked up at hearing Spanish in the grocery store or when Mexican license plates were second nature. I recall when I thought border life was boring, that nothing was going on because I couldn’t read about much of it in the paper or online. Still, it frustrates me that I cannot fluently communicate my appreciation for the border to a group of Minnesota students, many of whom have traveled the world and are surely bound for great things.  I feel an ambassador of the border, and perhaps I am, but I don’t know if I have been able to make them passionate for it as I am.

Maybe it is a slow process.  Maybe my law-school friends see it in the faces of detained children anxiously awaiting the outcome of their asylum application. Maybe they recognize the grave injustice in a quota system that makes immigrants wait a decade to come legally to the United States.  Perhaps they see the dusty mesquite mountains in a new light after working with an asylum applicant who has been moved from New York to Houston, from Minnesota to El Paso, from Arizona to Harlingen.  Maybe they will read stories about immigrants differently now that they can associate names with faces instead of numbers.  Maybe…

El Paso del Mundo

Las Americas Asylum Law Project

El Paso is closer to Los Angeles than Houston, closer to three other state capitals than its own, 12 hours from Brownsville, Texas.  It is part New Mexico, part Tejano, part Mexico, part Wild West, all frontera.  With a population of 700,000 and separated from a 1.5 million city by a tiny rivulet called the Rio Grande, El Paso melds with Juarez in culture, language, music, food, and la gente.

11 University of Minnesota Law School students arrived in El Paso, Texas, on Sunday, January 4. We came as part of the Asylum Law Project to volunteer with nonprofit groups such as Texas Rio Grande Legal Aid, Diocesan Migrant and Refugee Services, Paso del Norte Civil Rights Project, and Las Americas Advocacy Center.  We came to volunteer, but as always, we assuredly will gain more than we give.

Our first day in El Paso, we attended immigration court and saw the inside of a client interview room.  The immigration court was informal, the judge joking about Burn after Reading and giving informal history lessons about Ellis Island.  The hardest cases were the pro-se ones, where we had to watch a 19-year-old boy with oversized clothes sit silently in front of the judge as he was told he had to wait for the LA judge to reopen his case.  Beside him, a Korean man was whispering prayer upon prayer, eyes closed.  Inside the interview room, the circle chairs and the square table were stainless steel.  A woman from El Salvador had been transported from San Francisco to Los Angeles to Arizona to Houston to El Paso.  Her son was watching her younger children and attending Stanford, and this meeting was to gather some last-minute details so that she could apply for a change of venue.  The steel room was empty and echoed, her small voice enunciated each word of Spanish thoughtfully and deliberately.

That same day, we were told by numerous attorneys and well-meaning citizens not to venture across the bridge to Juarez.  Granted there were more than 1,600 murders in Juarez in 2008 and a group of hueros would generally attract a lot of attention; however, it is that same sort of terror that has depressed the economy on both sides of the river and has lent credence to the drug dealers and thugs like the Zetas.  It is that same fear that led Congress to pass the Secure Fence Act of 2006, the same fear that drives Bill O’Reilly’s ratings, the same fear that enables shows like ABC’s “Homeland Security USA” to exist.  As we crossed the El Paso del Norte Bridge and were greeted by the smell of tacos al pastor and the sight of cheap meds and fast surgeries, none of us felt threatened.  Even as we walked by the federales with their automatic rifles and teenage faces, it was impossible to see much of a difference between one side of the river and the other.  We watched Texas beat Ohio State for the Fiesta Bowl as we sat in the Yankees bar, across the centro from the Kentucky Bar where Marilyn Monroe bought drinks for everyone the day she divorced Arthur Miller.  Both sides of this river are hopelessly interconnected.

We are staying in the Gardner Hotel/El Paso International Hostel, a hotel from the 1920s that has hosted John Dillinger and Cormac McCarthy. An old PacBell phone booth stands sentry at the doorway, and an old-time telephone switchboard stands next to the check-in booth.  With its high ceilings and transoms, old charm and new faces daily, many languages and few rules, this hostel is as good a metaphor for El Paso and Juarez as one can imagine.

Tonight we visited Casa Anunciacion, an immigrant safe house.  Dreamed up by 5 Christian men more than 30 years ago, this organization operates in the historically most impoverished portion of El Paso.  It serves as a home for immigrants, whether for one night or for 8 months.  Families, abused women, single teens, mothers and babies, fathers – the house is full to the brim with immigrants seeking shelter and a change.  This particular night Juan Carlos cooked dinner for all 55 tenants and all 11 of us.  We sat next to immigrants from Guatemala and Sinaloa, El Salvador and Lebanon, Juarez, and Honduras.  After dinner, I washed dishes alongside Federico as everyone worked together to clean the facilities.  Although the house was raided by ICE several years ago, it still continues to offer hope to many seeking a better job and life.

The border towns of El Paso and Juarez serve as a microcosm of worldwide immigration patterns.  When goods are freely transportable in a globalizing world, it only stands to reason that people will desire to move freely legally or not.  Border lines are human conventions, and as one looks at the picnic cloth of stars between the Sierra Madre and Rocky Mountains that is El Paso/Juarez at night, it is impossible to see where one ends and the other begins.  Perhaps that would just be a perfunctory exercise anyway.