Posts Tagged ‘illegal’

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.

The Pulse of The United States – May 2009

May 2, 2009

Last night, I spent almost half an hour filling out the 2009 American Community Survey, part of the 2010 census.  As my wife and I filled it out, I wondered what the census would show this year.  Many predict that Minnesota will lose a seat in the House, that some serious redistricting will go on, and that the answers from the census will be analyzed and implemented in everything from political campaigns to television commercials.

Although the American public won’t get the results from the 2010 census for a while now, and when it does immigrants and minorities will still probably be underrepresented, this past week saw some encouraging polls released from the New York Times, CBS, ABC, and the Washington Post, just in time for the initiation of immigration reform discussion before the Senate Immigration Subcommittee on Thursday, April 30. (Belanger, Maurice). The New York Times and CBS polls asked:

Which comes closest to your view about illegal immigrants who are currently working in the U.S.: 1. They should be allowed to stay in their jobs, and to eventually apply for U.S. citizenship; OR 2. They should be allowed to stay in their jobs only as temporary guest workers, but NOT to apply for U.S. citizenship; OR 3. They should be required to leave their jobs and leave the U.S. [NYTimes]

44% said they favored allowing immigrants to stay and eventually apply for citizenship, while 21% said they should be allowed to stay in their jobs as temporary guest workers.  Refreshingly contrary to national pundits who typically pit African Americans against recent immigrants, 55% of African Americans favored allowing undocumented workers to stay and work, with only 19% stating they should be required to leave their jobs and the U.S. (Belanger, Maurice)

The Washington Post/ABC poll released on Thursday was similarly encouraging news.  The survey asked,

Would you support or oppose a program giving ILLEGAL immigrants now living in the United States the right to live here LEGALLY if they pay a fine and meet other requirements? [ABC]

61% said they favored allowing undocumented immigrants to continue to live here and have a viable path to citizenship.  Liberals supported this (70%), Democrats supported it (68%), Republicans and Independents supported it (59%), and moderates (63%) and conservatives supported it (56%). (Belanger, Maurice) Despite the repeated statements from nativists that this is a partisan issue and that humane immigration reform is contrary to rule of law in the United States, the poll speaks loudly that the majority of Americans are in favor of treating these new Americans humanely and reasonably.

With 73% of Americans under 30 supporting such legislation (compared to 42% of seniors), this comprehensive immigration reform seems to be the mandate of the future. As the Senate debates the finer points of specific immigration bills, it is highly encouraging to know that the American people have not caved in to nativist and xenophobic fears during this time of economic depression, but instead have chosen to recognize that as Dr. King said, we are all “inextricably linked in the garment of destiny.”

The Tragic Use of Words to Criminalize Human Beings

January 29, 2009

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.

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.”


Arizona: Land of Snowbirds & Coyotes

December 16, 2008

At this time of year when many Midwesterners head down to the balmier climes of Arizona (like my own grandparents-in-law), it is important to think about this state which has the harshest immigration laws in the U.S.

While immigration enforcement has traditionally always been under the sole control of the federal government (and, in fact, is likely Constitutionally exclusive to the Federal Branch under the Dormant Commerce Clause of Article 1), Arizona has done its best to “help” the Department of Homeland Security. Joe Arpaio, self-proclaimed “America’s Toughest Sheriff,” man who makes his inmates wear pink underwear and sleep outside in tents year-round just to make their incarceration more retributive, is first and foremost a man who hates unauthorized immigrants. Contrary to state and national practice, Arpaio has arrested more than 7,000 extralegal immigrants a year because every single person the police question is asked their social security number and citizenship status. The Maricopa County police force partners with ICE (Immigration and Customs Enforcement), though they are only supposed to ask the citizenship status of prisoners arrested on other charges. While the ACLU reminds immigrants in border towns like Brownsville, Texas, that it is their civil right to refuse to answer such questions without their attorney, Arpaio has taken advantage of these immigrants’ lack of legal expertise, often using his technique to incarcerate passengers of speeding cars and jaywalking pedestrians. (Robbins, Ted. NPR)


Maricopa County Attorney Andrew Thomas has also seized on Sheriff Arpaio’s xenophobia. The Arizona state law, passed in 2005, made it a federal crime to be involved in human smuggling. While the statute was intended to protect extralegal immigrants from the dangers of border-crossing with coyotes, Thomas has used the law to convict some 200 immigrants of “smuggling conspiracy,” turning this law back on the people it was arguably designed to protect. (Kiefer, Michael. The Arizona Republic)

And so, when Governor Janet Napolitano replaces Michael Chertoff and is confirmed as Obama’s Secretary of Homeland Security, she will leave Arizona in the hands of men like Joe Arpaio, Andrew Thomas, and the rogue Minutemen taking vigilante justice into their hands on the southern border. Where Napolitano resisted most of Arizona’s more nativist and radical immigration legislation, her successor Jan Brewer is expected to be more deferential to these xenophobic influences (New York Times). Hopefully, Napolitano will be able to work a top-down shift in national immigration enforcement, cutting the 287(g) program that allows such dangerous collaboration with local officials like Arpaio on federal issues of immigration. Here’s hoping!

Immigrants did not cause the Economic Crisis, but they can help us rebuild

December 14, 2008

The Anti-Defamation League recently published a thoughtful article warning all of us to be careful in assigning blame to any one group of people (Nathan, Martin. Houston Chronicle)  The ADL’s article focused on Susan Carroll’s Houston Chronicle series which highlighted problems in our criminal system.  While study after study like that of Harvard Sociology Professor Robert Sampson has shown that recent immigrants are far less likely to commit crimes (45% less likely than 3rd generation Americans in his study), xenophobic rhetoric abounds on blogs, comments, and media posts concerning immigrants.

What’s more alarming, yet inextricably linked to such polarizing rhetoric of hate and “otherness,” are the increasing hate crimes against Latinos and other immigrant groups. The Houston Chronicle article highlighted FBI statistics that show from 2005-2007 hate crimes against Latinos grew from 475 to 595.  Indeed, several high-profile hate crimes against immigrants have occurred in New York City alone, that emblematic heart of the American melting pot.  Ecuadorean brothers Jose and Romel Sucuzhanay were brutally beaten in Bushwick, Brooklyn, on Sunday, December 7, by three men shouting obsenities which were “ugly, anti-gay and anti-Latino” (McFadden, Robert. New York Times).  On November 7 in Patchogue, NY, seven teenagers fatally stabbed 37-year-old Marcelo Lucero, an Ecuadorean returning from his late shift (Finn, Robin. New York Times).

And so, as the economy continues its downspin and people, unable to wreak justice on Fannie Mae and Freddie Mac, scan the nation for a proper scapegoat, preferrably one without a voice and lacking human rights.  It is this nativism fueled by the economic crisis which propels hate speech and hate crimes, as well as xenophobic legislation like New IDEA (Immigrant Deduction Enforcement Act), an attempt to massively expand the role of the IRS in aiding the Department of Homeland Security to crack down not on employers but primarily on unauthorized immigrants. Iowa Congressman Steven King, seemingly unfazed by the destruction the Postville ICE raid has caused his own small-town constituents, touts this bill he introduced as a means of wresting jobs from the immigrants holding 7 million jobs (as per the PEW Hispanic Research Center) and distributing them to the 9.5 million jobless Americans. While his Robin-Hood techniques may sound appealing in a time of economic depression, we cannot forget that immigrants are people too; this is not merely redistributing wealth or opportunity – this is redistributing people.

As we head into the New Year, looking back on our mistakes of 2008 and crafting new resolutions to see us through 2009, blame-shifting will help none of us.  No, we must turn from this simple scapegoating and look at real solutions which can help us all rather than profiting some at the expense of the most vulnerable (isn’t this the sort of predatory business model that caused the economic crisis in the first place?).  Immigrants didn’t cause the economic crisis, but they can sure help us rebuild.  Why? Because they are us and we are them; we are all in this thing together.

The ABC of Agriprocessors

December 7, 2008

Nearly seven months after their Postville processing plant was raided by Immigration Customs and Enforcement (ICE), Agriprocessors pled not guilty on all charges Friday, December 5, 2008. Their lawyer, who phoned in to make the plea, did not mention the plight of the 389 unauthorized immigrants or their families (http://www.desmoinesregister.com/article/20081205/NEWS/81205033). He didn’t highlight the fact that these hard workers were steered into cattle barns and misled to believe that if they admitted all charges against them the process would somehow be easier and more lenient. Agriprocessors’ attorney didn’t mention their Nebraska plant that closed down or the Chapter 11 bankruptcy the company filed on November 4 to “reinvigorate the company,” according to their bankruptcy lawyer Kevin Nash. (Preston, Julia. New York Times)

The saddest aspect of Agriprocessors’ court proceedings is that they are being tried for the wrong crimes. Agriprocessors will face a jury trial on January 20 on the charges of “harboring and aiding undocumented workers, document fraud, identity theft and bank fraud.” (http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=7&a=374130) They are not awaiting judgment for their notorious safety violations, underpayment of their immigrant workers, and mandatory unpaid overtime, all of which community members like Rev. Paul Oderkirk of Saint Bridget’s Catholic Church had been decrying for years. They are on trial for “aiding” unauthorized” workers that they intentionally recruited and then kept illegal so as to have a docile, underpaid workforce. They are on trial for helping immigrants rather than for the fact that they worked to keep their workforce illegal because unauthorized workers can’t unionize or lobby for better conditions. They are being prosecuted to the full extent of the law for helping immigrants but not even being chastised for filling the deported immigrants’ positions with Latino workers scooped out of Texas homeless shelters this past June (http://immigrationmexicanamerican.blogspot.com/2008/06/breaking-news-agriprocessors.html).  This kosher meatpacking plant that boasted revenues of $300 million will not be sitting before the jury for its criminal hourly wages or its exploitation of the most vulnerable community within our borders. No, they are on trial for “harboring and aiding undocumented workers.”


It is deeply saddening that immigrants are criminalized so deeply in this country that everyone associated with them becomes guilty by association rather than by exploitation. When people are made criminal by unjust laws, the worst crime imaginable is aiding and abetting them. Harking back to the Alien and Sedition Acts of 1798 which were repealed just a few years later in the infancy of our nation, these laws are even more shameful in that they prosecute rather than protect the most vulnerable, unrepresented sector of American society, the 12 million extralegal immigrant workers living within our borders with little chance of effectively working toward citizenship.

14 days before Agriprocessors’ jury trial, ABC will be airing its new reality television show “Homeland Security USA.” This new series which profits off the often-fatal journey of immigrants through the most dangerous parts of desert borderland seems perfectly congruous with Agriprocessors’ charges of harboring and aiding extralegal immigrants (Stelter, Brian. New York Times). Something is fundamentally flawed in the United States when we are entertained by the criminalization, hunting, and deportation of people whose only crime is the desire for work and enough money for their family. Both ABC and Agriprocessors’ board of directors share this understanding and have figured out ways to profit from others’ painful, life-threatening choice to seek work in America.


Barriers to Integration

October 26, 2008

Friendship Park in Imperial Beach, California, has long stood as a symbol of Amistad and brotherhood between the United States and Mexico. 160 years after the border was established at this point, people now speak and kiss and sing through the wire fence. At times it is eerily reminiscent of prison visitations, with legal immigrants like Manuel Meza sharing coffee through the fence with his wife who was deported several years ago (Archibold, Randal). If they concentrate on each other’s faces, the fence almost seems to disappear as it moves out of focus…

The Department of Homeland Security, however, is repartitioning this monument to international goodwill. New fencing will create a no-man’s land barrier, ending Meza’s routine coffee hour with his wife, interrupting the yoga sessions that occur on both sides of the border concurrently, solidifying a distance which doesn’t exist between the Mexicans and Americans of San Diego. Another part of this new DHS plan is to fill in Smuggler’s Gulch with tons of dirt, yet one more sacrifice of beauty in exchange for control. Years ago, Pat Nixon came to this place and said, “I hate to see a fence anywhere.” Representative Bob Filner is opposing DHS’s plans to destroy this park & the cooperation it represents, while chief patrol officer Michael Fisher says, “It’s a real shame…[b]ut unfortunately, any time you have an area that is open, the criminal organizations are going to exploit that.” One might say it is akin to permanently shutting down the airports to prevent another 9/11, opting for maximum security at the sake of freedom.

But for now, San Diego and Tijuana are still united, if only here at Friendship Park. Rev. John Fanestil, a United Methodist minister, still conducts communion through the fence to people like Juventino Martin Gonzalez who was deported last month after 20 years working and raising a family on the other side of that fence. It is easy to understand the real reason why a wire fence will no longer do – one look across that fence, north or south, can only remind the viewer that we are all united, all the same, all one. (http://www.nytimes.com/2008/10/22/us/22border.html?_r=1&emc=tnt&tntemail1=y&oref=slogin)

—–

Another barrier to immigration is the employers who would just as soon see extralegal immigrants remain illegal and undocumented. As long as our laws allow economy to trump dignity, this abuse of power will continue. This past week, though, Knickerbocker Avenue in Brooklyn saw a victory for immigrant workers. After years of hard work, Andrew Friedman and the Make the Road New York organization have successfully brought civil suits against employers who extorted and took advantage of immigrant workers. The courts ruled that a local fruit stand owed $28,000 in back pay, a dollar store owed $70,000, a sneaker chain $400,000. Yet for every one of these employers, hundreds more continue to profit from the inability of their workers to achieve full citizenship status. (Clines, Francis)

If citizenship is the first step, education is the next on the path to integration. A Migration Policy Institute survey just found that 1/5 immigrants with college degrees are unemployed or working in unskilled labor fields. (Aizenman, N.C.) These 1.3 million legal and extralegal immigrants could be vital contributors to our economy, yet their lack of English fluency and nativist feelings keep them from using their valuable skills. More than half of Latin-American college graduates are working unskilled jobs, and that number only falls to 1/3 for those living here 10 years or more. African immigrants have the highest unemployed rates of all immigrant groups in the U.S.

Iraqi refugees are given three-month stipends when they come here. Pressed to find a job and integrate rapidly, many highly-skilled professionals are scrambling for a minimum-wage job. My friend and ESL conversation partner starts his job at a furniture factory tomorrow, despite the fact that he ran two such factories in Iraq. His friend, a nationally renowned sculptor, hopes to get a job laying bathroom tile.

Because few foreign credentials transfer to the United States and few immigrants are given the language education they need, we miss out on the contributions of so many. Surely we can do better.

(http://www.washingtonpost.com/wp-dyn/content/story/2008/10/23/ST2008102300319.html)

When the Many Find they are One

October 22, 2008

During the WWII era of 1942-46, between 200,000 and 300,000 manual laborers or braceros worked in the United States as farmhands and railroad workers standing in for the masses of young men sent overseas. When this Bracero Program ended and many returned to their homes in Mexico, few received the 10% of their wages deducted by the Mexican government, if they even knew about the deduction at all.

While this lawsuit faltered twice, both for whether it had exceeded the statute of limitations and whether a case against Mexico could be brought in the United States, it received preliminary approval to be heard before the Federal District Court in San Francisco this past Wednesday. The proposed settlement would grant each bracer with sufficient proof a $3500 check. Fewer than 50,000 will collect those checks, due to the anonymous, undocumented nature of much of this work, but for those few braceros nearing their ends, this money is more moral victory than subsistence. The New York Times article quotes Mr. Ibarra, a bracero currently living in Chicago, saying, this was a “victory of principles that allows me to be positive about continuing to live a little longer.” The United States has much cause to thank these willing workers who came and worked and went with little recognition and even less pay. Justice can be a long time coming. http://www.nytimes.com/2008/10/16/us/16settle.html?emc=tnt&tntemail1=y

Reportedly, Tom Brockaw regretted not asking candidates John McCain and Barack Obama not what they would do for the middle class, but what they would provide for the poor. In this season of grandstanding and lampooning for votes, it is easy to forget about the voiceless among us. Sometime between the immigration legislation discussions of 2006, both McCain and Obama have forgotten the 12 million extralegal immigrants awaiting some legislative opportunity or the countless millions lost in the lottery of our antiquated quota system.

As we speak, needless hostilities are burning between new Somali immigrants and “old” Latino immigrants in meatpacking and factory towns. When our nation focuses on the issues of the middle and upper class, the poor are left to bicker over crumbs of opportunity. Due to the nine raids in as many places since 2006 which have detained and/or deported some 2,000 immigrant workers, legal Somali refugees are being recruited and relocated to fill those positions. When they band together to campaign for 15-minute lenience to observe their Muslim prayer time, the oft-slighted other immigrant groups take offense. Mayor Ms. Hornady intimates that the Muslim hijabs suggest terrorism to her and the community of Grand Island, Nebraska. The immigrant groups in this town, the Mexican and South American, the Laotian and Sudanese and original German immigrants, all live in the constant fear that December of 2006 will strike again, that ICE will raid their meatpacking plant and freeze their small town for good. http://mail.google.com/mail/?ui=2&view=js&name=js&ver=KUM7s5FPF9I&am=X_E4pcT3aCGBXoYK6A

Although the New York Times article focuses on the differences and supposed animosities between these two immigrant groups, whose arrivals are separated by but a few years, what strikes me most is how similar these workers are. If only they could join together as one, in that Poor People’s March Dr. King envisioned, and say, “We will not live in fear anymore. What is good for one of us is good for us all. We are many, we are one.” I wish we all could say the same, that we would recognize the simple truth of Martin Luther King’s words, ““Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”

The Unilateral Contract for Immigrants

October 8, 2008

Nate was sitting in a bar a week after an innocent woman was killed by a repeat offender who had gone untracked for an indefinite amount of time. He was sitting in a bar across from a well-known member of the Justice Department of the State of Minnesota. As a Target Public Relations Executive, he says, the problem was piercingly clear. “Man, you’ve got an inventory-tracking problem.”

As a result of this casual evening encounter, the statewide “Suspense File” of criminals with aliases or uncertain whereabouts has dwindled from well over 30,000 to under a couple hundred. Bringing together township, local, and regional governments under the statute 299C.111, this information is finally being efficiently shared and these precincts are realizing their part in the larger community.  Nate brings up this anecdote as proof of the power of benevolent self-interest. “Self-interest is the only sustainable source of benevolence or volunteering. Your goal must be to broaden people’s sense of self-interest to include those around them, their community, their workplace.”

This idea of community is core to the idea of nonviolence. The philosophy of nonviolence only has credence if, as Dr. King said, “we are caught up in an inescapable network of mutuality, tied in a single garment of destiny.” As our communities grow and change, as immigration changes the face of Americans, and as globalization destroys the traditional view of bordered states or bounded communities, this expansive self-interest must cultivate a healthy respect and active work to improve the plight of those near and far.

Nate points out that while politics is the business of solving problems (and so protects itself by never eliminating those problems completely), public policy is the art of dilemma management. Dilemmas, or unsolvable problems, are the realities of life, but it is our duty and responsibility to mitigate the effects of those dilemmas. We will never end poverty, but we can continually work to mitigate the effects of poverty in our Beloved Community.

As Nate preaches an interdisciplinary mode of approaching problems, our nation’s immigration system and its needed reform ring in my mind. Essentially, immigrants have always come to the United States on implied unilateral contracts. Our media and our economy have always lured hard-workers hoping to better themselves and contribute to the American Dream. Since the Alien & Sedition Act of 1798 and the first nation-specific discrimination via the 1882 Chinese Exclusion Act, our nation has been unjustly enriched on the backs of immigrants. Notwithstanding remittances and return migration, immigrants have always contributed more to our economy than they have taken. Despite what popular bombastic talk-show rhetoric may repeat, immigrant populations traditionally work harder than native residents and will generally integrate as much as they are allowed by that nation’s institutions.

For the more than 12 million extralegal immigrants contributing to America right now, they labor without hope of compensation. Since the failed immigration reform bills in 2006, nothing has been forwarded to offer a path to citizenship for hard-working immigrants who are performing everything we expect of citizens. At what point does an extralegal resident earn the right to an American driver’s license or a Social Security Card? How long must someone work 80 hours a week to provide for their family before they are given the chance to naturalize?

If our great nation were to adopt immigration policies more akin to a unilateral contract, then so many immigrants’ good faith demonstrations of citizenship would finally be awarded with the meager promise of the bottom rung in American society. But at least it would be a starting point, an entry level to all the rights and protections of our Constitution and legal system, something more than 12 million people live without as Americans in all but documentation.

As civilization moves forward and borders get more confused, nationalities become more arbitrary, and human capital becomes even more mobile, the nonviolent concept of benevolent self-interest must begin to inform our policies, laws, and community standards. I hope I live to see the day when there are no undocumented and unprotected workers in the U.S., that everyone here would have some legal status and all would be somewhere on the continuum of achieving full citizenship.


Follow

Get every new post delivered to your Inbox.