Posts Tagged ‘DHS’

Cumulative Immigration Reform

January 23, 2010

While the Obama administration vowed to take on comprehensive immigration reform in 2009 and has now shifted its goal to legislation in 2010, several positive changes have recently begun to nudge the broken system towards increased fairness.  On Wednesday, December 16, ICE assistant secretary John Morton stated that asylum seekers would no longer be detained indefinitely as long as they could prove their identity,  that they were not a flight risk, and that they have a credible fear of persecution in their home country. (AILA Leadership Blog).  Although this has been official policy since 1996, Morton’s statement in late 2009 intimated that asylum seekers would be evaluated as soon as they make their claims, rather than sitting in an ill-equipped, makeshift detention center, often with violent criminals serving sentences.  Such a practice would begin to treat asylum seekers as we treat others in judicial proceedings – innocent until proven guilty. The administration also responded to the humanitarian crisis not simply by pledging financial aid and committing troops but by alleviating the immigration laws which were denying Haitians or even deporting them despite the catastrophic conditions of that island.  DHS Secretary Janet Napolitano announced on January 18 that the United States was extending humanitarian parole to Haitian orphans seeking care.  The Department of State and Department of Homeland Security are working to get visas or paroles for these children, and once the unaccompanied minors arrive in the United States they will be in the care of the Department of Health and Human Services.  Some of the children will qualify for permanent immigration status, while others will just be granted a visa, but either way these children will get the care they need in time.  In an area of legislation that often takes decades to move, it is refreshing to see the Obama administration react quickly to the urgent needs of Haitians. (DHS Fact Sheet).

In addition to the humanitarian parole for children, Haitian adults now qualify for temporary protected status (TPS) if they have resided in the United States since January 12, 2010, and maintained a continuous physical presence here.  For all the individuals in removal hearings, for all those awaiting an immigration decision with bated breath, for all those wondering when they would be put on a plane and send back to a country with few to none working airports, this announcement also reinstills hope that this year may be the year when comprehensive immigration reform escapes partisan politics and actually gets implemented.  (Christian Science Monitor). Hopefully comprehensive, rather than cumulative, immigration reform will finally pass in 2010.

The End of Hutto, The Beginning of Something New

August 11, 2009

Although programs like 287(g) are still being expanded by the Obama administration, last week saw a positive shift in immigrant detention policy. The administration announced that it hopes to create a “truly civil detention system,” which, if achieved, would be a much-needed change indeed.

The plan announced by the Department of Homeland Security, stipulated that it would be reviewing the detention of the 400,000 immigrant detainees that come through the system annually. The review will focus on the mistreatment of detained individuals and families, as well as the medical care, or lack thereof, received by immigrants in these centers. [Bernstein, Nina. New York Times]

Marking this noticeable shift from the Bush-era DHS operations is the closing of the T. Don Hutto Center north of Austin, Texas. This 512-bed center was a for-profit jail run by the Corrections Corporation of America, one which netted $2.8 million per month. Opened in 2006, it is one of two such family detention centers in the United States, the other being in Berks County, Pennsylvania. Its closing comes at the end of years of lawsuits by the ACLU and protests by immigrant advocates like Jay Johnson-Castro, as well as a scathing expose by the New Yorker in 2008.

The conditions at Hutto were deplorable. According to Vanessa Gupta, the lead ACLU attorney on the case, before the 2007 lawsuit some children under 10 stayed longer than a year, were confined to cells with open toilets, and received only 1 hour of schooling a day. Now, children are allowed to have crayons in cells and pajamas for the evenings.

While DHS Secretary Janet Napolitano said last week that she expects the number of detainees to remain constant or increase over the coming years, assistant secretary of homeland security and head of Immigration Customs and Enforcement (ICE) John Morton stated that ICE will be exploring alternative options to monitor non-dangerous immigrants awaiting trial dates. [Talbot, Margaret. The New Yorker]

Hutto will not be used for family detention from now on; instead, it will be used to house women. While the family detention center in Berks County will still remain open for the time being, new alternatives are being explored such as the Intensive Supervision Appearance Program. This program utilizes electronic monitoring bracelets, curfews, and regular contact with caseworkers while the immigrants live in the greater community. The pilot program has been established in 12 cities and reports more than 90% attendance in court. This seems like a much more cost-effective and humane way to treat immigrants awaiting their day in court.

Obama’s Bipolar Immigration Stance: Comprehensive Reform in the Future, Expanded Enforcement Now

August 6, 2009

While the Obama administration did nominate the first Latino Supreme Court Justice [who was just confirmed today], they have been repulsing a lot of their immigrant and Latino advocates for helped them win the election last November.  According to an article by Julia Preston in the New York Times, the administration’s decision to not only keep but also expand controversial Bush-era immigration enforcement measures has propelled several immigrant groups to begin a national movement to make them make good on campaign promises.

The Obama administration has initiated employee audits at more than 600 employers nationwide, expanded the E-Verify program, increased criminal prosecutions for immigrant violations [up over 30% since this time last year, according to a study by Transaction Records Access Clearinghouse], created a program that runs immigrant checks on everyone who enters a local jail in some cities, and extended the 287(g) program made infamous by Arizona Sheriff Joe ArpaioSecretary Janet Napolitano, formerly governor of Arizona, stated that she wouldn’t call of immigration raids entirely, though they have subsided since Postville, Iowa, little more than a year ago.  Napolitano said, “We will continue to enforce the law and to look for effective ways to do it.”

The problem lies in the fact that some of these programs are not “effective ways to do it.”  Immigrant and business advocates have sued to stop E-Verify because of its woeful inaccuracies.  While the program touts a .3% error rate for the 137,000 employers now enrolled. With 6.4 million queries, however, a .3% error rate still means that over 19,000 legal immigrants or citizens have received false denials so far in 2009.

Additionally, the seriously flawed 287(g) program that deputizes local police agencies to carry out federal legislation encourages civil rights violations, racial screening, and vigilante justice.  Sheriff Joe Arpaio of Maricopa County, the self-titled “toughest sheriff in America,” is currently under investigation for his long laundry list of civil rights abuses, from parading prisoners through the streets in shackles, making prisoners wear pink underwear, feeding them green bologna, and racially profiling Latinos for “random” traffic stops.

While President Obama stated that immigration reform would be passed within the year, Napolitano’s actions with the Department of Homeland Security have been anything but.  Perhaps it is political jiujutsu, designed to convince certain political affiliations that this administration will be hard on those who break the law and will not allow another 12 million undocumented immigrants to enter the country again.  However, by not only maintaining but actually revamping failed immigration enforcement mechanisms, the administration is sending a very mixed message about what that “immigration reform” will resemble.

Fingerprinting, Home Raids, and a Rare Apology to Immigrants

July 27, 2009

The Obama administration this past week opted to vastly expand a George W. Bush program to run fingerprints through immigration scans in Houston, TX.  In the past, only serious criminals were fingerprinted and screened for immigration conflicts.  With this program though, even those accused of misdemeanors and nonviolent crimes are fingerprinted and checked in the USCIS database. (http://www.nytimes.com/2009/07/26/us/26secure.html?pagewanted=2&tntemail1=y&_r=1&emc=tnt)

Federal officials stated that the automatic fingerprint checks in Harris County resulted in the deportation of 94 people for felonies and 1,624 people accused of misdemeanors and nonviolent crimes. Cesar Espinosa of the immigrant advocacy group America for All said, “People are getting deported for even minor offenses like not having an ID or a driver’s license.” (http://www.nytimes.com/2009/07/26/us/26secure.html?pagewanted=2&tntemail1=y&_r=1&emc=tnt)

Another symptom of America’s flawed immigration enforcement was chronicled in a report released by the Benjamin Cardozo School of Law this past week. The Cardozo Justice Law Clinic partnered with several law enforcement experts like Nassau County’s police commissioner, to analyzing 700 arrest reports obtained from the Immigration and Customs Enforcement [ICE] agency through Freedom of Information Act [FOIA] lawsuits.

In the home raids scrutinized by this report, the ICE agents acting without a search warrant were required to obtain consent. However, 86% of the home raids in Nassau and Suffolk counties, no consent was recorded as required by law. The report condemned the “cowboy mentality” that ran rampant throughout these raids: in Paterson, NJ, a nine-year-old legal citizen of Guatemalan descent was threatened at gunpoint while his legal resident mother was in the shower; in a Staten Island case, an immigration judge ruled that similar agents’ actions were an “egregious violation” of basic fairness; an email message exchanged between an ICE agent in Connecticut and a state trooper invited him to a set of raids scheduled for New Haven, stating, “We have 18 addresses – so it should be a fun time! Let me know if you guys can play!”

Such an abuse of power stems from having a system which criminalizes individuals merely suspected by their ethnicity of being guilty of a civil violation.  The Cardozo report suggests that these ICE home raids should be “a tactic of last resort, reserved for high-priority targets,” and accompanied with a search warrant.  The report also recommends that supervisors be on site and home raids videotaped. Lastly, the report states that agents should have to note why the initially seized or questioned any person, rather than merely waiting for the results afterwards [i.e. in law, “the end should not justify the means”].  Hopefully DHS Secretary Napolitano reads this insightful report and begins to deescalate the fear and violence perpetrated against our nation’s immigrant population through such negative programs. (http://www.nytimes.com/2009/07/22/nyregion/22raids.html?emc=tnt&tntemail1=y)

As California worked around the clock to vote on a budget that would alleviate its 26 billion dollar deficit, they also passed an important public apology a long time coming.  The California Legislature apologized for its states’ past persecution of Chinese immigrants who worked on the state’s railroads, farms, and gold mines.  On Friday, the State Secretary released this public apology for the 19th and 20th century wrongs done to Chinese Americans.  If only the United States as a whole would apologize for the xenophobic, nativist legislation it passed in the 1882 Chinese Exclusion Act which banned all Chinese-Americans, and later all Asian-Americans, from legally immigrating to the United States for some 60 years. (http://www.nytimes.com/2009/07/23/us/23brfs-APOLOGYTOIMM_BRF.html?emc=tnt&tntemail1=y)

It is entirely possible that in 70 years, the United States will be uttering its own apologies to third and fourth-generation immigrants for the inhumane home raids and invasive fingerprint checks we are conducting now.

The State of the State of Minnesota, Re. Immigration

June 13, 2009

While the 2009 spring session for the Minnesota Legislature just ended amidst a controversial decision by Governor Pawlenty to balance the budget by himself, many important immigration bills were debated in this past session. Admirably, the Land of 10,000 Lakes voted to prohibit state compliance with the Real ID Act, a catch-all piece of 2006 federal legislation which enabled the Department of Homeland Security to waive any and all laws in the construction of our border wall and would have required a national id card to be carried by everyone in the U.S., a thinly cloaked anti-immigrant measure. This bill, HF 988, will protect Minnesota’s growing immigrant community in this particularly vulnerable time of economic turmoil from an intrusive federal law.

SF 1514 was also passed  on May 21 by the Minnesota legislature, recognizing the crime of sex trafficking for the first time with harsh penalties of up to 25 years in jail while also granting victims a means of legal recourse regardless of their citizenship status.

Also important were the bills rejected by Minnesota’s lawmakers, many of which were targeted specifically at the immigrant community.  SF 505, which would have required the removal of all head coverings in order to procure state ids, was defeated, along with SF 144, which would have made government employees liable if they knew of an undocumented immigrant and failed to report it.  SF 577 was also defeated in its efforts to make English the official language (interestingly enough, just before the turn of the 20th century the same debates were being had about making Norwegian the official state language).

A couple of important federal bills might also impact Minnesota.  AgJOBS, reintroduced in the Senate by Senator Diane Feinstein (S. 1038) and in the House by Representatives Howard Berman and Adam Putnam (H.R. 2414), would allow immigrant farm workers the opportunity to earn the legal right to permanently stay in this country through continuing work in agriculture while also amending the current H2A guest worker program to grant growers a safer and more stable workforce. (Souza, Christine. California Farm Bureau Federation).  Similarly, the Visa Recapture Bill (or the “Reuniting Families Act”) introduced by Senators Robert Menendez and Charles Schumer would go a long way in reforming the 1952 Immigration and Nationality Act. First, Visas unused due to lack of governmnet action dating back to 1992 would be added to the current year limits, and prospectively any surplus would added to the new year’s allowable visa limits. Second, spouses and minor children of legal permanent residents would be able to obtain visas (whereas now only citizens can really petition for immediate relatives), and it changes the age of minor children from 18 to 21.  Third, the overally level of family-sponsored immigrant visas would be expanded to 480,000/year, along with raising the number of employment-based visas to 140,000/year.

Advocates with the project Familias Unidas, along with the Immigrant Law Center of Minnesota, have worked to include Minneapolis on this collaborative’s national tour to 20 cities.  In its attempt to encourage support for comprehensive immigration reform this year, Representatives Luis Gutierrez and Keith Ellison will hold a community forum at the Incarnation Church in Minneapolis on June 14 at 2:30.  This multi-faith, multi-ethnic, multi-lingual event is aimed at getting Obama to follow through on his promise earlier this year to pass comprehensive immigration reform in 2009.  The petition they will be signing at this event is as follows – feel free to print it off and send it to our President yourself:

The Honorable Barack Obama

President of the United States

The White House

1600 Pennsylvania Avenue

Washington, DC 20500

Dear President Obama,

My name is _____________________________________, and I am petitioning on behalf of my

______________________ who has no realistic options to gain legal status under our current

immigration laws.

President Obama, as a result of our broken immigration system, my loved one is at risk of being

deported/ has been deported:  causing the destruction and separation of our family.

This has caused us all to live with constant anxiety and fear about the future of our family.

As you eloquently stated in your inauguration speech,

“The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation:

the God-given promise that all are equal, all are free and all deserve a chance to pursue their

full measure of happiness.”

On behalf of my family and the millions of other families like mine, I urge you to stop the

misguided raids and deportations that are tearing our marriages, our childrens’ lives, and

our communities apart.

We are hopeful that you will indeed fulfill your campaign promise to work with Congress to move quickly to enact just and humane comprehensive immigration reform that includes

family reunification, faster due process, a reasonable path to citizenship, and workers’ protection.

We are hopeful that you will indeed fulfill your campaign promise to work tirelessly to bring forth the change necessary to ensure that all people have an opportunity to dream, to live, and to pursue their full measure of happiness.

We are hopeful that you will indeed fulfill your campaign promise of Si Se Puede; Yes We Can!

Sincerely,

________________________________________    ________________________________

Signature                                                                      Date

__________________________________________________________ (Address)

__________________________________________________________ (City, State, Zip Code)

__________________________________________________________ (Phone)

__________________________________________________________ (E-Mail)

Migrants, Minors, and the Many Unintended Consequenses of Militarized Immigration Enforcement

April 10, 2009

A new Urban Institute report prepared by Minneapolis-based firm Dorsey & Whitney reported on America’s immigration policy’s effect on children. Entitled “Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy,” this comprehensive publication released last week highlights the 3.1 million American citizen children who are adversely affected by the increasingly militarized form of American immigration enforcement. Of the 900 immigrants arrested by 2008 ICE raids in Worthington (a December 2006 workplace raid of the Swift plant), Willmar and Austin, MN (sites of several home raids), for example, more than 500 children were affected, 2/3 of whom were legal American citizens.(“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

Estimates from the Urban Institute suggest that for every 2 adult immigrants detained 1 citizen child is affected. More than 1.9 million immigrants have been deported this decade, likely affecting almost 1 million citizen children in our nation’s Boys and Girls Clubs, high schools, soccer teams, cross-country meets, honor rolls, Dairy Queens, debate tournaments.

Despite the insatiable demand for lower-skilled immigrant workers, currently only 5,000 permanent visas are offered for lawful entry each year. Temporary work permits are similarly limited. Under current immigration law, moreover, citizen children under the age of 21 cannot petition for the lawful re-entry of a deported parent or the naturalization of their parents. Those parents will often be barred from any type of legal re-entry for 10 years (often longer than their children have been alive). Although nativist rhetoric often cries that these immigrants should wait in line, currently the line winds ‘round the world for a mere 5,000 spots.((“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

Furthermore, the Dorsey & Whitney report documents that ICE’s “knock and talk” searches are particularly harmful for children. Under pretextual excuses, ICE agents are permitted to enter the homes of suspected extralegals without a search warrant if the scared, often-confused, immigrant opens the door. In these raids, children have seen their parents harassed, racially profiled, interrogated on the living room couch, and sometimes led away in handcuffs. Or, worse yet, sometimes children have come home from school expecting an afternoon snack only to find their home abandoned in the wake of a raid.((“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

The report also touches on other questionable detention techniques, such as the practice of forum shopping (whereby an immigrant detained in the generally lenient 9th Circuit might be moved the next day to the immigrant-hostile 5th Circuit) or isolation (typically, detention centers are isolated with little contact from the outside world). Such techniques employed by ICE hamstring immigrants’ efforts to get effective legal representation, contact their distraught family members, or gather evidence of their legality or asylum claims. When immigrants under these conditions sign “voluntary removal” orders in hopes of seeing their families sooner, the legality of our immigration system is seriously called into question. (“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

Pointedly, the report makes several laudable recommendations including:

• Changing legislation to allow citizen children younger than 21 to petition for lawful re-entry of deported parents.

• That Congress grant immigration judges the discretion to consider the “best interests” of the citizen child in deportation and removal proceedings.

• The appointment of a guardian ad litem to protect and advocate for the interests of the child in all immigration proceedings.

• U.S. Immigration Customs and Enforcement develop guidelines for conducting home raids to ensure that enforcement actions are truly “targeted” and minimize the prospect of harm to children.

This past week, President Obama revealed that he plans to begin addressing our nation’s inadequate immigration system, including solutions for extralegal immigrant workers to become legal. While his statements were met by the usual tumult from NumbersUSA and FAIR (organizations identified as “hate groups” by the Southern Poverty Law Center but curiously referred to as “group[s] that favor[] reduced immigration” in the New York Times article). As Obama looks to make some positive changes in immigration laws which could have positive ramifications on our nation’s workforce and economy by legitimizing millions of people already working, his Secretary of the Department of Homeland Security Janet Napolitano must also seek to make some serious changes in the way undocumented immigrants and their legal children are treated. One great start to meeting both the needs of citizen children of immigrants and the international community would be to sign on to the Convention on the Rights of the Child.  This 1989 UN treaty has been signed on to by every country in the world but two – Somalia and the United States.  Article 10 of that convention has been a sticking point for the US in the past, but it would help solve the problems highlighted by the Dorsey & Whitney report.  It reads: “applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner.”  Hopefully in the not-too-distant future, we can join the rest of the world in protecting the rights of all children, immigrant and citizen.

Saint Patrick’s Day in Postville

March 25, 2009

Saint Bridget is one of Ireland’s patron saints.  Born to Dubhthach, a pagan chieftain of Leinster, and Brocca, a Christian Pict who had been baptized by Saint Patrick, Bridget went on to found an important monastery in Kildare or Cill-dara, the “church of the oak.”  Her symbol is the Saint Brigid’s cross, representative of a time when she wove some reeds together to form a cross in the house of a dying peasant in order to teach him the Gospel story.

Driving into Postville, Iowa, on Saint Patrick’s Day, I was immediately struck by the ghost-town feel of the western half of this town that used to boast a population of 2,000.  Dozens of chicken-coop semi-trucks were parked outside the abandoned Agriprocessor’s slaughterhouse.  Hundreds of coops sat outside, vacant, waiting.  A piece of heavy machinery was driving through the property, disposing with some of the tons of junk littered around the lot.  With the whine of its engine, it seems to be disposing with the evidence of what happened here last May.

Agriprocessors slaughterhouse

Agriprocessors slaughterhouse

On this dusty day, one can hardly imagine the cacophony of sounds here before the ICE raid on May 12, 2008.  Chickens squawking, machines whirring, blades thudding, trucks chugging, people shouting to be heard over the din of machinery.  Spanish mixed with Yiddish mixed with Arabic numerals preceded by $ signs.

In this abandoned slaughterhouse site, though, it is all too easy to imagine the eerie silence when the machines stopped, when 900 ICE agents increased the town’s population by 40%, when 389 immigrants were detained and interned in a cattle barn, when the chickens lived to squawk some more and this peaceful Iowa town screeched to a halt.  Only five immigrant workers had prior criminal records, but all were sentenced with working under false documents.  (Bobo, Kim. Religious Leaders Protest Postville Raid)  The public defenders, the translators, the immigration judge – everyone had been told to keep this date open on their calendars, ensuring a speedy process where nearly all the immigrants from Central America pled guilty to charges they didn’t understand in hopes of reduced sentences.  Professional interpreter Camayd-Freixas was so appalled that he published his eyewitness account with the New York Times.

Just down the street, I sit with Father Ouderkirk for a half-hour.  He is the father of St. Bridget’s Catholic Church here in Postville, a safe haven for many of the terrorized families still remaining after that fateful day in May.  “You should have been here earlier,” this once-retired priest tells me.  “On Tuesdays and Thursdays, this turns into the best restaurant in town.’”  Taking his job seriously as pastor to this reeling community, Ouderkirk serves Latino food to needy families on these days, in addition to working to provide housing funds for the scores of families who lost dads, moms, and children in this raid.  “You wouldn’t believe how much we spend each month, trying to keep a roof over their heads.”

Some of the women he serves at St. Bridget’s have been wearing an ankle bracelet for 10 months.  Some of the children haven’t seen or heard from their fathers for almost a year.  Many of the mothers are torn between returning to Central America to reunite with their husbands or staying here so their citizen children can receive a good education.  These families are facing excruciatingly difficult choices, choices one should never have to make.  Father Ouderkirk wipes with his handkerchief and tells me what we really need is comprehensive immigration reform.

As I leave Postville on Tuesday, the day after the mayor announced his resignation, the boarded-up windows and streams of For-Sale signs are a constant reminder that this town was dealt a devastating blow last May.  With a new administration and new DHS Secretary Napolitano, many are hopeful that the days of Postville and Oxford, Mississippi raids are over.  It is not enough, though, to merely hope that this administration will make the hard choices it must to ensure that comprehensive immigration reform wins out over high-profile, low-impact raids such as this.  We must make it very clear that criminalizing immigrant families is useless and inhumane, while opportunistic employers who lure workers under false pretenses (and, as here, actually provide the false identification documents to their unknowing workers) is the appropriate focus of workplace reform.  We must remind Obama that, if he is really attempting to out-do the New Deal, he should learn from FDR’s Secretary of Labor Frances Perkins who shut down the Department of Labor division that was then carrying out workplace raids (Bobo, Kim). We must encourage Napolitano to ensure that such Sinclair-like Jungle conditions never occur again, where immigrants are both victimized and criminalized.  We must urge our judicial department to reexamine current immigration policies which allow such a rushed, clandestine mockery of Due Process.

Father Ouderkirk will be traveling to my home in Rochester on April 2, to give a presentation at Pax Christi Catholic Church.  I encourage anyone and everyone to come and hear this man of faith who is earnestly working for immigration reform.  For all those afar, it is vital that we do not forget such tragedies as Postville.  We must stare at such instances with unblinking eyes and learn from them.  Please urge our administration to do the same.

Saint Bridget's Catholic Church, Postville, IA

Saint Bridget's Catholic Church, Postville, IA

Integration- The Ongoing Immigration Reform

March 16, 2009

As school budgets dry up and the immigration debate remains tabled for the moment, immigrants are often left without the resources needed to integrate into American society. A long article in the New York Times this past week highlighted some schools in the Northeast that are struggling to overcome the isolationism of immigrant students, but this is an issue in every state in the U.S. Without an effective English-as-a-Second-Language program and a school that actively works to engage immigrant students with the entire student body, these new Americans often feel isolated, discriminated, separate. Currently more than 5.1 million students are ESL or ELL learners – 1 in 10 of all students enrolled in public schools- a number which has increased by 60% from 1995 to 2005. (Thomspon, Ginger. “Where Education and Assimilation Collide”)

Some of the immigration influx is from Mexico’s downturned economy in the 1980s and early 1990s, as well as the Mexican baby boom that followed on the heels of the American one. But this only explains a portion of the immigration phenomenon in the United States in 2009. Our immigrant population is growing more and more diverse, with refugees coming from Somalia, Sudan, eastern Europe, Central America, south Asia. Our workforce is now made up of new Americans from India and China, Liberia and Guinea, Iraq and Laos.

ESL teacher Ms. Cain explained the current situation succinctly. “I used to tell my students that they had to stay in school, because eventually the laws would change, they would become citizens of this country, and they needed their diplomas so they could make something of themselves as Americans. I don’t tell them that anymore. Now I tell them they need to get their diplomas because an education will help them no matter what side of the border they’re on.” As the Obama administration nears its two-month mark, immigrant advocates and international families are growing worried that some of his campaign promises might get overshadowed by the economic times, that comprehensive immigration reform might get side-staged by stimulus checks, although immigration reform arguably promises a more sustainable and enduring change for our economy. (Thomspon, Ginger. “Where Education and Assimilation Collide”)

One of the groups who could use some comprehensive immigration reform is Liberian-Americans. If their temporary protected status [TPS] is not renewed by President Obama, they could be deported beginning March 31. President Bush extended TPS in 2007 to this group of 3600 refugees who fled Liberia two decades ago during a grisly civil war. Here in Minnesota, nearly 1,000 of the 3600 Liberians who call Minneapolis “home” could be deported in March, sent back to a country that held elections in 2006 but is far from stable. Many of these families have lived in the U.S. for almost 20 years and are active members in the community and local economy. Rep. Keith Ellison, D-Minn., previously introduced legislation that would provide Liberians with an opportunity to apply for permanent residency, but it has not been passed yet. Therefore, it’s up to President Obama to ensure that these refugees are not only permitted to stay in the U.S. until their country is repaired but also extend to them the hand of permanent residency, an act that would greatly aid in this community’s integration into American life. (http://www.startribune.com/opinion/editorials/41056182.html?elr=KArksc8P:Pc:UthPacyPE7iUiD3aPc:_Yyc:aULPQL7PQLanchO7DiUr)

Similarly, some 30,000 Haitian immigrants face deportation in the coming months, despite the fact that their country, the poorest in the Western Hemisphere, is ill-equipped to handle such an influx. Already short on water, food, housing and natural resources since the tropical storms last summer, some say such deportations could tax the tiny country beyond what it can handle. Despite appeals from the Haitian government to stay such deportations, the Department of Homeland Security has stated it intends to continue deporting undocumented Haitian immigrants. (Thompson, Ginger. http://www.nytimes.com/2009/03/04/us/04brfs-HAITIANDEPOR_BRF.html?emc=tnt&tntemail1=y)

Recent news highlights our failure to adequately integrate certain immigrant groups into our nation. This past week, several Somali leaders from Minneapolis testified at a Senate Homeland Security Meeting in Washington, DC. The meeting’s purpose was to probe the mysterious disappearance of several Somali youths over the past few months, including one Shirwa Ahmed who was a suicide bomber in Somalia. Osman Ahmed, president of the Riverside Plaza Tenants Association, and Abdirahman Mukhtar, youth program manager at the Brian Coyle Community Center both testified at the DHS meeting. The concern arises from the alleged recruiting of Al-Shabaab — meaning “the youth” or “young guys” in Arabic – which has been able to attract some disaffected, un-integrated, jobless youth in the Somali community. With more than 200,000 Somalis living in the United States, Al-Shabaab poses a problem; however, it is paled in comparison to a failed integration and immigration system which creates such easy prey for extremist groups. While homeland security demands we investigate such terrorist recruiting claims, it is vital we do not forget that empty hands are very easily formed into closed fists. (Star Tribune)

Our government has not totally forgotten this root tenet of community integration. Congress recently passed Consolidated Security, Disaster Assistance and Continuing Appropriations Act of 2009 (Public Law 110-329), creating the Fiscal Year 2009 Citizenship Grant Program.  Awarding approximately $1.2 million of federal funding in the form of $100,000 individual awards, this grant program is aimed to support citizenship programs for legal permanent residents (LPRs). When LPRs make the shift from residents to citizens, everyone wins. The naturalized citizens gain the right to vote and receive benefits; our communities gain involved members and a greater constituency; and our nation integrates one more immigrant family. This grant for community-based organizations will do more than facilitate ESL classes, civics review sessions, and N-400 applications – it will serve to more fully involve and integrate denizens into American life. We can all hope to see more initiatives like this through the Obama administration. (USCIS)

Post-Postville America

March 6, 2009

Though it only occurred last May, the ICE raids in Postville, Iowa, keep resurfacing to the forefront of immigration policy in the United States. On February 25, Department of Homeland Security Secretary Janet Napolitano ordered a review of a raid the day before. This raid on the Yamato Engine Specialists engine repair shop in Washington resulted in the arrest of 28 individuals and the first such raid under the new Obama administration (Stark, John and Anna Walters. Bellingham Herald). A top official suggested that Napolitano did not know of the raid beforehand, stating that, “She was not happy about it because it’s inconsistent with her position, and the president’s position on these matters.” The fate of these workers, most of whom await trial in a Tacoma detention center, will also signal the resolve of the Obama administration to focus more on noncompliant employers rather than the employees. So close to the events of Postville where nearly 400 immigrants were arrested and adjudicated in rapid fashion, Napolitano’s review of the raid will demonstrate how far we’ve come as a nation in ten months. (http://www.nytimes.com/2009/02/26/washington/26immig.html?emc=tnt&tntemail1=y)

Also last week, the Supreme Court heard the oral arguments of Flores-Figueroa v. United States. This case is a test case aimed at getting the Supreme Court to issue a binding national ruling on identity theft. 18 U.S.C. §1028 is an aggravated identity theft statute which extends criminal sentences by two years per charge. §1028 intersects with immigration law, however, when undocumented immigrants make up Social Security numbers which happen to belong to real people.

Six District Courts are evenly split over the extent of mens rea (foreknowledge) required for this crime. Currently, six District Courts are evenly divided in the interpretation of the ambiguous term “knowingly” within 18 U.S.C. §1028(a). The 4th, 8th, and 11th Courts have ruled no mens rea as to the person’s identity is necessary, while the 1st, 9th, and D.C. Circuits have ruled it a requirement. United States v. Villanueva-Sotelo, 380 U.S. App. D.C. 11, 515 F.3d 1234 (D.C. Cir. 2008)(explaining necessity for mens rea because theft is not mere misappropriation); United States v. Sanchez, 2008 U.S. Dist. Lexis 35460 (E.D.N.Y. April 30, 2008)(requiring government to prove scienter for identity theft); United States v. Mejorada-Cordova, 2008 U.S. Dist. LEXIS 44634 (D. Utah, June 5, 2008); United States v. Salazar-Montero, 520 F. Supp. 2d 1079 (N.D. Iowa 2007) (mens rea needed due to statutory ambiguity).

“There’s a basic problem here,” said Chief Justice John G. Roberts Jr.. “You get an extra two years if it just so happens that the number you picked out of the air belonged to somebody else.” Kevin Russell, attorney for the defendant, is arguing that, at the very least, the rule of lenity requires that ambiguous statutes such as §1028 be resolved in favor of the defendant in criminal cases. Ignacio Flores-Figueroa worked with false identification for years at a steel plant in Illinois. After six years, he changed his false identification documents and was arrested shortly thereafter. The Eighth Circuit convicted Flores on the basis that he knowingly used false identification, despite the fact he was ignorant of a true person’s identity. (Faitek, Adam. New York Times)

10 months ago in Iowa, 270 of the 400 immigrants working in a kosher meatpacking plant were criminally charged with using false identification. A marked departure from past instances where immigrants had faced only civil charges, the predominantly Guatemalan Spanish-speakers were penned in a cattle-barn and hurried through the mobile trailer-courthouse. Prof. Erik Camayd-Freixas of Florida International University, an interpreter who risked his professional life to speak out against the atrocities he witnessed that May, stated that most of the immigrants had no idea what a Social Security card was, let alone that they had “stolen” someone’s identity.

While much of this may seem like obscure legal arguments, what this realistically means for immigrants charged under §1028 is that, rather than the speedy deportation for which they were hoping, they may have to spend years in an American jail. Anxious to return to any jobsite to earn precious money for their families, the long sentences associated with §1028 condemn them and their families to a meager existence. Moreover, the arbitrary nature of §1028’s application means that some unlucky individuals who picked the wrong number are serving the same jail sentence as professional thieves who bilked thousands of dollars from unsuspecting internet users.

With the oral arguments in, the Supreme Court is now deliberating. Their published opinion will be released later this year, and it will certainly have far-reaching repercussions for the immigrant community. Hopefully their decision will ensure that in a post-Postville America immigrants will be guaranteed a fair civil trial.

Immigrants’ Letter to Janet Napolitano

March 4, 2009

The National Korean American Service & Education Consortium (NAKASEC), the Korean American Resource & Cultural Center (Chicago, IL), and the Korean Resource Center (Los Angeles, CA) is compiling a letter to send to Department of Homeland Security Secretary Janet Napolitano.  The letter urges Napolitano to lower the filing fees for naturalization – consider adding your name to their letter by writing them by March 9, 5 p.m. at soh@nakasec.org or fax to 323.937.3753:

“Dear Secretary Napolitano:

The undersigned organizations write in support of the letter from US Rep. Jan Schakowsky and her Congressional colleagues urging you to act now to reduce citizenship fees.  The Bush Administration’s decision to increase fees from $400 to $675 in July 2007 has put citizenship further out-of-reach for thousands of hardworking, patriotic immigrants who want to fully participate in our democracy.  We urge you to reduce the citizenship fee back to $400, and make the American dream of citizenship attainable again.  Thank you for your consideration.”

Earlier this year, local and national immigrant rights groups came together to deliver a letter with 1,200 organizational endorsements to President Barack Obama on the urgent need to enact immigration reform. With you, altogether we gathered 97 endorsements primarily from the Korean American and Asian American & Pacific Islander communities.

If you would like to endorse, please send the following information to 

Organization: _____________________________________________

Contact Person/Title:________________________________________

Address:_________________________________________________________

Email:_______________________________ Phone Number: (_____)__________________

Thank you for your thoughtful consideration. If you should have any questions, any of the following individuals would be happy to hear from you: Sookyung Oh at NAKASEC (323.937.3703, ext. 206, soh@nakasec.org), JungHee Lee at KRC (323.937.3718, junghee@krcla.org), and/or Sik Sohn at KRCC (773.588.9158, sohnsik@chicagokrcc.org). Together, We Build America’s Future.


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