If a local law enforcement agency incarcerated 81 innocent people for every 19 criminals it caught, we would say it was violating civil rights and was wildly inept. When that same jurisdiction continued to hold those innocent 81, sometimes for a year, the media would run an expose and the public would be crying out for resignations.
This scenario is currently being played out through America’s immigration strategy of massive deportation over the last 15 years. Last week the Pew Hispanic Center revealed that Latinos make up 40% of those sentences in federal courts in 2008 while comprising only 13% of the adult population. It went on to state that Latinos are 1/3 of federal prison inmates as of 2007. With our prisons facing massive overcrowding and public defender’s offices around the nation facing debilitating budget cuts, one would assume that this prison population was all dangerous felons, but in fact, 81% of them did nothing more than cross an imaginary line in a desert or overstay a student visa. (“Enforcement Gone Bad. New York Times)
Earlier this month, the nonpartisan Migration Policy Institute published findings that while the Department of Homeland Security’s budget went from $9 million in 2003 to $218 million last year, it ceased to arrest the undocumented felons and “terrorists” it was charged with capturing and instead shifted its focus to families, workers, children, women – none of whom had a previous record or anything besides an overstayed visa or lack of documentation. Of the 72,000 arrested through February 2008, 73% had no criminal record. (“Enforcement Gone Bad. New York Times)
As Homeland Security USA continues to run on ABC, the reality is that since 2006, DHS has shifted its focus to more “easily apprehended” targets. The raids on factories like Postville, Iowa, and on homes netted few criminals but a myriad of working families. Catchy names like “Operation Return to Sender” fail to mask the fact that while there were more than ½ million immigrants with removal orders in 2006, ICE raids honed in on families and workers rather than criminals and terrorists. According to the Migration Policy Institute’s report, internal directives in 2006 set quotas for operatives in the National Fugitive Operations Program but disbanded the standard that 75% of apprehended individuals be criminals. Fugitives with criminal records dropped to 9% of those captured, while immigrants without deportation orders increased to account for 40%. The 2006 directive sent by acting director John P. Torres raised each team’s goal to 1,000 a year, from 125. (Bernstein, Nina. “Target of Immigrant Raids Shifted”)
An author of the report, Yale Law Professor Michael Wishnie stated that random arrests of extralegal immigrants in such residential raids was “dramatically different from how ICE has sold this program to Congress,” not to mention the civil and human rights issues it raises where ICE agents enter private homes without consent and/or warrants. From New Haven to Brownsville, from Maricopa County to San Diego County, ICE abused its power by passing legislation in one form and then enforcing it in a completely different format. As she reviews the agency, Janet Napolitano must take this into account, realizing that our resources must be spent on legalizing our workforce and apprehending our criminals, and never the twain shall meet. (Bernstein, Nina. “Target of Immigrant Raids Shifted”)
DHS recently released statistics of the last decade’s deportations, and of the 2.2 million immigrants deported from 1997-2007, 108,000 of them were parents of legal American citizens. If these immigrants even had two children [a low estimate], then more than 200,000 children were affected. And if they took their children with them when they were removed, then essentially the United States was deporting two legal citizens for every undocumented one. Executive Director of the Center for Immigration Studies, Mark Krikorian, revealed a calloused, nativist sentiment when he responded, “Should those parents get off the hook just because their kids are put in a difficult position? Children often suffer because of the mistakes of their parents.” Mr. Krikorian seems to have a firm grasp on the Old Testament principle that Yahweh will punish “the children and their children for the sin of the fathers to the third and fourth generation” [Exodus 34:7], though he seems to have stopped his reading of the Torah just before 2 Chronicles 25:4 which repeals this vengeful promise [“Fathers shall not be put to death for their children, nor children put to death for their fathers; each is to die for his own sins."] (Falcone, Michael. New York Times). Children are not acceptable collateral damage.
In the spirit of reform under the new administration, one would hope that high on Attorney General Eric Holder’s agenda would be reversing Mukasey’s January ruling that immigrants lack the Constitutional rights to effective representation as secured by the Due Process Clause and the 5th and 14th Amendments. Mukasey’s eleventh-hour statement overruled a twenty-year standard. Because immigration cases are civil cases rather than criminal, there is no requirement for representation [a single day in immigration court drives home the fact that this default to pro se representation is manifestly unfair for the majority of immigrants who cannot speak English yet]. (“Deportation and Due Process. New York Times)
In 2009, the United States stands as a country in an economic depression which is poring vast amounts of money into detaining its workforce, deporting its own citizens, and constructing a 700-mile during peacetime. As Dr. King warned, “A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.” It’s high time we renounced our declaration of war against the 12 million extralegal people within our borders and instead moved towards a nonpartisan, comprehensive immigration reform which affirms the humanity of all.