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.
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 Arpaio. Secretary 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.
Every year for decades, migrant families have boarded up their houses, told friends to check their mail, taken final exams a few weeks early, packed up their cars, and headed north to weed, tend, harvest, and process the foods we buy in the produce section of our local grocery stores. Many families pay for the journey with their income tax return, arriving with scant assets and little more than a hope of a good growing season. Migrant workers fall into one of three categories. Some are recruited by a corporate employer, such as a processing or canning company. They receive written contracts, sometimes are granted free housing in a labor camp, and are guaranteed work. Others have a longstanding relationship with a particular farmer. While the agreement might not be oral, some of these relationships extend back to a handshake between grandfathers. This form of migrant work is more tenuous, however, than the corporate employer, as it hinges on good weather – if a drought or infestation should occur, the migrants could be 2000 miles from home with no money and no work. Finally, some migrant families head North with only a hope of work – no contract, no contact, no housing, no plan other than to find a farm and pitch their services.
Migrant farmworkers are not immigrants; instead, they are either legal visitors with temporary work permits, legal permanent residents or citizens migrating internally within the United States.
This summer looks to be a difficult one for migrant families. Fargo remains inundated after the Red River flooding, and is months behind its agricultural calendar. Other areas of the country are struggling with drought or other natural difficulties. More importantly, however, is the economic depression. Farmers that once employed workers are either hiring less or none at all, in hopes of saving even just a few dollars. Some farmers are using more pesticides or herbicides this year, in order to save money on paying migrant workers to weed or tend the rows. Other farms have filed bankruptcy. Many farmers that have hired migrant workers for decades have called to tell them they will not be needing their services this year.
While the migrant families working for corporate employers or specific farmers will surely find this year a difficult one, the workers who just leave their hometowns in the Rio Grand Valley for the possibility of work in the Midwest could face a devastating summer. Unable to find work and with little resources to return home, they will be easy prey for less-than-ethical employers. (Druley, Laurel. “Life on the Bottom Rung: No Place for Migrants”)
This summer, I will be working with the Migrant Farmworkers unit of Southern Minnesota Regional Legal Services, Inc. Under my supervisor Ana Maria Gomez-Gomez, I will primarily be working in Rochester, Owatonna, Plainview, and Elysian, though I will be covering cases in Dakota, Steele, Olmsted, Le Seur, and Waseca counties. My work will focus on assisting migrant farmworkers with their adjustment to life in Minnesota, with any housing claims, employment wage claims, immigration questions, and any other legal questions that come up in the course of the summer.
I so look forward to working with migrant families from the Rio Grande Valley as they make their temporary homes here in southeastern Minnesota. Having made that same journey myself, from Brownsville, TX, to Rochester, MN, I hope to be able to offer them some meaningful support and aid. I wonder if any of the students to whom I gave early exams will be coming up with their families this season… Regardless, I hope to be able to help them get at least a minimum wage, secure decent housing, receive their security deposits at the end of the summer (something I have yet to ever receive myself), work in safe conditions, receive any public benefits to which they are entitled and require, renew or apply for new immigration status, and generally become adjusted to a new community. It’s going to be a busy summer, but certainly one filled with meaning.
My work with SMRLS this summer comes at a dynamic time in immigration law, with Obama pledging to make progress towards comprehensive immigration reform in his first year of presidency. It comes less than a month after the first anniversary of the first large-scale ICE raid in Postville, IA, just a few hours south of here. The work begins in a time when local law enforcement officers through 287(g) are attempting to enforce federal immigration laws in many of our nation’s cities and towns, resulting in racial profiling, arbitrary searches and arrests, and a terrified immigrant community unwilling to cooperate with the law enforcement they need and that needs them. (Moffett, Dan. “Cops aren’t Border Patrol”). My role as Summer Advocate with SMRLS also comes at a time when Ms. Sonia Sotomayor, a Latina woman from the Bronx, has been put forth as Obama’s candidate to replace Justice Souter on the Supreme Court. It also comes at a time that xenophobic individuals are seeking to place the blame of Wall Street on immigrants who don’t even own a bank account, when states and municipalities are balancing their budgets by cutting public welfare and other services to the indigent (in New York state, for example, elderly, disabled and blind legal residents will now get half of what they had previously received after the ruling in Khrapunskiy v. Robert Doar). But, my summer advocate role also coincides with bipartisan legislation like AgJobs, a bill supported by both the National Cattlemen’s Beef Association and Farmworker Justice which seeks to relieve labor shortages while securing rights for migrant workers and discouraging agriculture’s exploitation of unauthorized workers (purportedly some 75% of the workforce by some estimates). (“Farms and Immigrants.” New York Times).
As I scan the cucumbers, corn, sugar, beets, potatoes, onions, asparagus, garlic, peppers, and tomatoes, I think of the migrant families making the drive to Minnesota and other states in the Midwest right now. I look forward to learning from them and advocating for them, starting next week.
Yesterday, a Pulitzer Prize went to a team of largely unknown reporters Ryan Gabrielson and Paul Giblin of the East Valley Tribune based in Mesa, AZ. The prize was for their unflinching coverage of Sheriff Joe Arpaio’s local immigration law enforcement under 287(g), its “successes” and its hefty costs for Maricopa County and the nation. Their reporting uncovered the fact that Arpaio’s crackdown on undocumented immigrants sacrificed his unit’s response to emergency calls, contributed to an overtime pay increase which forced the department to close several other sites around the county, and uselessly focused on low-level immigrants who had merely broken a border-crossing law rather than felony or human smuggling charges. Additionally, the five-piece set of articles entitled “Reasonable Doubt” highlighted the racial profiling inherent in Arpaio’s 287(g) campaign. The most common pretext for arresting undocumented immigrants were traffic violations, ranging from speeding (and in some cases “poking” along too slowly), obscured license plates, “unsafe” lane changes, and broken lights.
The key findings of the East Valley Tribune’s report were:
“Deputies are failing to meet the county’s standard for response times on life-threatening emergencies. In 2006 and 2007, patrol cars arrived late two-thirds of the time on more than 6,000 of the most serious calls for service.
MCSO’s arrest rate has plunged the past two years even as the number of criminal investigations has soared.
The sheriff’s “saturation” patrols and “crime suppression/anti-illegal immigration” sweeps in Hispanic neighborhoods are done without any evidence of criminal activity, violating federal regulations intended to prevent racial profiling.
Rampant overtime spending on immigration operations drove the agency into financial crisis and forced it to close facilities across the county. Although MCSO officials have said state and federal grants covered all the expense, illegal immigration arrests actually are costing county taxpayers millions of dollars.
Despite the money and manpower expended, the sheriff’s office has arrested only low-level participants in human smuggling rings: drop house guards, drivers and the immigrants they ferry.
Deputies regularly make traffic stops based only on their suspicion that illegal immigrants are inside vehicles. They figure out probable cause after deciding whom to pull over. (“Reasonable Doubt”)
This Pulitzer is priceless, in that Gabrielson and Giblin reported on the extent to which immigrants are human beings and “injustice anywhere is a threat to justice everywhere.” As the Department of Justice and DHS Secretary Janet Napolitano look into Arpaio’s doings and the general concept of 287(g) [the program which charges local law enforcement officials with enforcing federal laws], this Pulitzer and the ideas it has spurred will undoubtedly play a part in ending these tactics of discrimination and terror.
In another victory for the civil rights of immigrants and anyone yearning for comprehensive immigration reform, last week saw the rival labor federations AFL-CIO and Change to Win go public with a cooperative immigration reform statement. The new accord advocates legalization of some of the nation’s 12 million undocumented individuals and the near abolition of the ad hoc temporary guest-worker programs. Instead, AFL-CIO President John Sweeney and Change to Win President Joe Hansen have proposed a national commission charged with determining the number of temporary and permanent visas which should be offered annually based on the current American labor markets. Surely, the current temp worker program needs significant overhaul (along with the rest of America’s immigration legislation), in that immigrants sponsored through these programs cannot change jobs, are tied to one employer, and can be refused future labor opportunities for criticizing their sponsoring employer. (Preston, Julia and Steven Greenhouse. “Immigration Accord by Labor Boosts Obama Effort.”)
As I work with migrant farmworkers in Rochester, Plainview, and Owatonna, Minnesota, this summer, I am heartened that these two rival labor federations are articulately and bipartisanly advocating for comprehensive immigration reform in year which the Obama administration promises will see some immigration legislation. Between this unlikely labor collaborative and the expert reporting from Pulitzer Prize winners Gabrielson and Giblin, hopefully compassionate and comprehensive immigration reform got one day closer to realization.
* To protest Arpaio’s tactics and 287(g), please fill out this petition.
“There is another element that must be present in our struggle that then makes our resistance and nonviolence truly meaningful. That element is reconciliation. Our ultimate end must be the creation of the beloved community.” (Martin Luther King, 4/15/1960, Raleigh, NC)
41 years after his assassination, Martin Luther King’s dream of a fully integrated and reconciled society, his Beloved Community, still remains largely unfulfilled for the marginalized in America. Specifically, fear seems to reign in the lives of our nation’s most vulnerable group – immigrants are afraid to go to school, go to work, report crimes, visit anything but an Emergency Room. Immigrants, to a large extent, have been the object of laws designed to keep them segregated and silent and invisible.
Thursday’s joint subcommittee hearings brought national attention to the injustices inherent in the United State’s 287(g) program which deputizes local cops to become federal immigration enforcers. Sheriff Joe Arpaio from Maricopa County, Arizona, is a prime example of how certain jurisdictions are using this federal program to strike fear into the hearts of all immigrants. With his inhumane treatment of prisoners, his nativist focus on immigration enforcement over his other law enforcement duties, and his sensationalism and victimization of the immigrant community, both legal and not, Arpaio has succeeded in creating in Maricopa County (the fourth largest county in the U.S., with 4 million inhabitants) a community of distrust and fear. Maryland community advocate Antonio Ramirez, seconded by Rep. Conyers and others, testified at the subcommittee hearings on April 2, 2009, that the policies born of 287(g) lead to a drastic loss of trust and cooperation with authorities. (Staff, Greg and Jackie Mahendra. America’s Voice)
Furthermore, Police Foundation President Hubert Williams stated that funding for this program takes away from money for smart community policing initiatives which are far more successful in preventing crime. In Sheriff Joe’s Maricopa County, for instance, Arpaio’ tactics seem to have backfired, with violent crime skyrocketing over 69% from 204-2007 (a statistic not echoed in nearby Phoenix or Mesa). When a large population of immigrants live in fear and are excluded from the Beloved Community, crime goes unreported and unchecked. (Bolick, Clint. “Mission Unaccomplished: The Misplaced Priorities of the Maricopa County Sheriff’s Office”)
The subcommittee hearings also brought to light the rampant racial profiling that has accompanied 287(g) programs across the country. UNC Chapel Hill Law School Professor Deborah Weissman highlighted the lack of sufficient training and the resulting civil rights abuses. Her recent report, “The Politics and Policies of Local Immigration Enforcement Laws,” illustrates that most “unwelcome” immigrants are stopped under the pretense of traffic violations; in Gaston County, NC, 83% of immigrants arrested by ICE had been cited first under a petty traffic violation.
Sadly, certain members of the subcommittee were insistent that 287(g) was marginally successful in the less than 5% of counties in which it is currently employed. It is hard to ascribe any motivation more flattering than unfettered xenophobia to such committee members. Rep. Steve King, a ranking member on the Immigration Subcommittee, questioned 19-year-old Julio Mora repeatedly about whether his father had taught him about rule of law (a.k.a. reporting undocumented immigrants). Mora, who had been detained and harassed because he’s Latino, responded eloquently, “My father taught me to respect everyone.” Rep. King and others seemed to intimate that racial profiling of American citizens was little more than an inconvenience or a slight embarrassment.
These joint subcommittee hearings’ decision on 287(g) is vitally important for creating a Beloved Community in the United States. Programs like 287(g) encourage fear, silence, and marginalization. The effects of this are chilling. Yesterday, a shooter opened fire on immigrants taking citizenship and language classes at an immigrant center in Binghamton, NY. 14 were found dead in the American Civic Association (an immigrant organization founded in 1939 and with support from United Way). The shooter, Jiverly Wong, is believed to have been a naturalized citizen who attended classes at ACA years before. While there are no clear answers and no explanations for such a tragedy, the fear 287(g) generates discourages crime reporting; we are left to speculate if this would have happened had Wong’s immigrant community felt empowered, rather than marginalized, by our nation’s laws.(CNN)
Similarly, Father Paul Ouderkirk gave a presentation at Pax Christi Church in Rochester, MN, on April 2. Much of his presentation focused on the fears in his community of Postville (where an ICE raid in May arrested 289 immigrants, closed the town’s largest employer, and crippled the town of 2400). Ouderkirk spoke of the psychological trauma felt by families after fathers were deported to Guatemala. He disparaged the fact that many women are still required to wear ankle bracelets. He discussed the fear of the citizen children, many of whom were terrified to return to school for fear that they would be arrested or they’d come home to find the rest of their family gone. (Valdez, Christina Killion. “Priests say Immigration Laws Need Reform.”)
The ICE raid at Postville and 287(g) both serve to strike fear into our nation’s 12 million undocumented immigrants. Far from creating a Beloved Community, fear breeds distrust, un-cooperation, division, and hate. Additionally, this terror is not limited to extralegals in America; rather, it extends to most minorities. When Latinos are followed by police officers simply for looking Latino, fear reigns. When Somalis are interrogated at bus stops simply for being Muslim, fear reigns. When jaywalking Hmong citizens are detained because of their ethnicity, fear reigns. Our nation, our Beloved Community, demands comprehensive immigration reform to end the fear and begin an era of trust.
Please consider adding your name and voice to the letter going out to Chairman Conyers of the joint subcommittee. You can do so here.
In the nation’s fifth-largest city, more than 200 men were humiliatingly marched past video cameras to a tent-city where they will await deportation. Maricopa County Sheriff Joe Arpaio, “star” of a Fox reality television show, was simply continuing his long abuse of power in cruelly and unusually punishing prisoners in his jail system.While he makes convicted offenders wear pink underwear and has been cited as serving green bologna to prisoners, he has particularly situated himself as “hard on immigration,” teaming up with the federal policing program 287(g) which partners the U.S. government with local law enforcement. (Garcia, Carlos)
In theory, federal-state cooperation makes the whole system work better.However, local law enforcement officials in 287(g) are given little guidance and engage primarily in basic racial profiling, which results in a myriad of pretextual traffic stops, “jaywalking” violations, and general harassment of Latinos in Phoenix and other like communities throughout the United States. (New York Times)
As new Secretary of Homeland Security (and former Arizona governor) Janet Napolitano seeks to reform the broken Immigration and Customs Enforcement (ICE) Department, surely Arpaio should be high on her list.Napolitano’s investigations into the 287(g) should probe into the abuses, both local and federal, and seek to craft an alternative which doesn’t criminalize people based on race or appearance.
On March 7, the 44th anniversary of the famous Bloody Sunday March from Selma to Montgomery which so galvanized the civil rights movement, a march will be held in Phoenix to protest the civil rights abuses perpetrated by Joe Arpaio.While this march’s purpose states it wants Arpaio sent to jail, more generally it will be a march against 287(g) and all the abuses it has invited.Dr. King had Bull Connor; America’s immigrants have Sheriff Arpaio.(Garrido, Jon. Hispanic News)
This past week, as California Border Patrol officers accused their superiors of setting quotas for apprehended immigrants, we must all question our current immigration system which permits and perpetuates such abuses.The Migration Institute recently revealed a chilling report that ICE shifted its goals from apprehending “the most dangerous” undocumented immigrants to deporting anyone – women, children, factory workers – anyone to highlight the agency’s success (Garcia, Carlos).In changing their role from Homeland Security to Heartland Insecurity, our immigration system has struck fear in the hearts of families and terrorized immigrants both legal and otherwise.It is vital we note that America’s immigration issues are bigger than Sheriff Joe Arpaio, larger than ICE, and deeper than the flawed quota system – at its heart, our current immigration system reflects the complicit silence of America.As Dr. King wrote in his “Letter from a Birmingham Jail,”We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people.”He goes on to write, though, that “Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co workers with God.”This chance is there for all of us in this 21st century civil rights issue in the United States.
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!
Smart Borders 