Posts Tagged ‘9th Circuit’

What does May Day mean in 2009?

April 27, 2009

As May Day 2009 fast approaches, it is important to look back at the original celebration and what it did and did not do.  On May 1, 2006, millions of immigrant workers left their jobs for an hour or a whole day to bring home the message that they are an integral part of American society.  In cities like Los Angeles, New York, Chicago, Houston, Tucson, and Portland, May 1 was an important day of immigrant empowerment and a powerful symbol of solidarity.  However, that same year, the immigration legislation failed to pass Congress and the Secure Fence Act was enacted.

For nonviolence to be an effective tool, it cannot be only a negative force.  It must be constructive as well. As Dr. King wrote, “True peace is not merely the absence of some negative force — tension, confusion or war; it is the presence of some positive force — justice, good will and brotherhood” (“Nonviolence and Racial Justice“).  For nonviolence to change hearts and minds, it must not only protest injustice but also present solutions.  Unlike the May Day celebrations of 2006, as well as the ones being planned for this year in countless cities across the United States, a much smaller but more determined group of people are actively engaged in a nonviolence which highlights the injustices inherent in our current immigration system but which also positively provide for real needs.

Founded in 2004 by Catholic bishop Gerald Kikanas, Presbyterian minister John Fife, and several leaders of the local Tucson Jewish community, No More Deaths has been dealing with the negative human effects resulting from Operation Gatekeeper.  The increased militarization of the border through deportation, detention, armed forces, and border wall construction have merely rerouted desperate human migration through the most dangerous portions of the desert.  The Pima County Medical Examiner’s office, for example, has reported 84 deaths annually between 2000 and 2005, up from 14 in the ’90s.  No More Deaths attempts to save border-crossing families by leaving out water in the desert and tending to the medical needs of injured crossers. [Wikipedia] According to their website, 50 individuals have died  attempting to enter Arizona.

No More Deaths operates under some basic faith-based principles:

  • Recognize that the current Militarized Border Enforcement Strategy is a failed policy
  • Address the status of undocumented persons currently living in the US
  • Make family unity and reunification the cornerstone of the US immigration system
  • Allow workers and their families to enter the US to live and work in a safe, legal, orderly, and humane manner through an Employment-Focused immigration program
  • Recognize that root causes of migration lie in environmental, economic, and trade inequities[4]

While No More Deaths meets the needs of immgirants, they are forbidden to aid them in crossing, but in times of dire emergency they are instructed to call an on-call medical expert and, if need be, transport the seriously injured immigrant to the local hospital.  On July 9, 2005, however, two No More Deaths volunteers were arrested by the Border Patrol for transporting three border-crossers to a nearby hospital.  Daniel Strauss and Shanti Sellz were accused transporting and conspiring to transport undocumented immigrants, both felonies under US law. If convicted, they would have faced 15 years in prison and/or $500,000 in fines.  After more than a year, Judge Collins dismissed the charges in September 2006, stating that these two volunteers had followed pre-approved protocol and that further litigation would violate their Due Process rights under the Fourteenth Amendment. [Wikipedia]


Currently, Dan Millis is appealing to the 9th Circuit to contest the Arizona ruling that he and other volunteers had littered by placing water jugs for migrants in the Buenos Aires National Wildlife Refuge.  Despite the five milk crates of trash the volunteers had picked up, they were issued citations by the US Fish & Wildlife Service officers.  Two days before, Millis had found the body of a 14-year-old girl who had died of exposure. As Dan Millis has said, ““We pick up trash, distribute food and water, and administer first aid to people who desperately need it. We are not criminals.” [Guntzel, Jeff Severens. Utne Reader]

As communities prepare for May Day 2009, it is important to stress real issues and practical solutions.  Obama has pledged that comprehensive immigration reform is on the table for 2009.  The DREAM Act is still a potentiality, as is the Border Security and Responsbility Act [HR 2076] sponsored by Rep. Grijalva last week.  Immigrants from Rochester to Brownsville need more than a token march or a one-day protest – campaign for real change by advocating locally and nationally for meaningful reform for immigrants.

Whittling Away Immigrant Rights

January 15, 2009

“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 9th 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.”



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