Posts Tagged ‘5th Amendment’

High Time for Social Uplift

February 24, 2009

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.

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From Postville to Hidalgo to Beijing- The Olympian Effects of Immigrants and Walls

July 19, 2008

Hidalgo County has seen contractors already readying the earth-moving equipment needed to construct their portion of a the border wall as early as July 21.  While officials have dodged specifics and Hidalgo County officials emphasize the fact that this cement structure is actually just an addition to strengthen the levees in need of serious repair,  local residents are chilled to see the giant bulldozers, pipes, and CATs which are planned to tear up their backyards in the coming days of summer.  (Leatherman, Jackie)

This past week also saw the controversial news of court interpreter Dr. Camayd-Freixas penning an essay about what he witnessed during the court proceedings following the recent Agriprocessors raid in Postville, Iowa, on May 12, 2008.  This ICE raid, the largest in its history, involved over 900 agents and put nearly 400 extralegal workers on trial for their work in the largest kosher meat-packing plant in the nation.  While Agriprocessors was merely fined and sternly reprimanded, the lives of these Guatemalan immigrants and the town which had become their home have been gutted by the legal proceedings that imprisoned more than 260 of them for 5 months.  Detained for weeks in a converted cattle-ground holding house called the National Cattle Congress, paraded into court in handcuffs, shackles, and chains, these immigrants with Mayan last names listened tearfully to the Spanish interpretation of what had already been decided in the court well in advance of the raid.  Rather than simply deporting these workers who were lured here under false promises of well-paid work and future citizenship, these hard-working immigrants now must sit in county jails with charges of aggravated identity theft and Social Security fraud as their families scramble to make ends meet without these principal breadwinners.  (“The Shame of Postville, Iowa”)

Postville, IA, once a town of 2,273, has lost more than 1/3 of its community in the month since the terrifying raid.  ICE timed the raid before the end of the school year, when some migrant workers would have returned to their homes, and as a result the end of the school year saw Latino students legal and extralegal terrified to go to school.  3 of 15 high-school students showed up for school the week after the raid, while 120 out of 260 students in the elementary and middle school were missing.  The schools’ principal actually rode around town on a school bus, coaxing and cajoling these students to come to school, assuring them that ICE cannot raid a public school because of Peter Schey’s landmark case in the 1980s; 50 of them would not be convinced. American children were having nightmares that their parents would be similarly deported or jailed.  (Camayd-Freixas)

Dr. Camayd-Freixas broke ranks with the “unbiased” legal interpreters by publishing his reflections and observations of this humanitarian disaster.  He was moved to write as he saw immigrants begging in their native language to be deported quickly.  He was moved as he listened to the weeping of fathers who had walked a month and ten days before finally crossing the Rio Grande.  He was moved to hear of families who had journeyed here only to work for a year or two in hopes of saving enough money to survive in Latin America, a desire that could have been legitimized if only temporary work permits were legislated instead of Secure Fence Acts.  These men and women waived their 5th amendment rights to trial by jury in hopes of a “fast-tracked” deportation five months later, despite the fact that they had used false papers not for unlawful activity or felonious actions but rather for seeking a living wage. (Camayd-Freixas)  In this New Era of ICE operations, a new government agency which grew 10% last year and is readying itself for many more of these raids in the name of the War on Terror, every small town must cringe in fear whether it has extralegals living within its borders or not;  terror terrifies indiscriminately.

 

As a border wall is being prepared for the Texas-Mexico border and as future ICE raids are being formulated based on the “success” of the Postville sting, the Beijing Olympics are about to begin.  The United States will boast its largest number of immigrant athletes since these statistics were kept.  These 33 immigrants will represent the United States and surely bring pride to red-blooded Americans as they stand on podiums to hear their new national anthem.  We can all be proud of the four Chinese-Americans representing us in table-tennis, or the Polish-American kayaker, or the Russian-American gymnast Nastia Liukin, or the New Zealand immigrant triathlete.  All of us will hold our breath in August as we watch the men’s 1500-meter squad of immigrants; Kenyan-American Bernard Lagat will run alongside the Sudanese “lost boy” Lopez Lomong and Mexican laborer’s son Leo Manzano who only recently got his citizenship in 2004.  We can all be proud of these new Americans, but we must also take a hard look at our nation’s policies which simultaneously champion a few token immigrants while terrorizing others and making the immigration process both dehumanizing and virtually impossible for so many (Wilson, Duff and Andrew Lehren)  As I watch the Summer Olympics, it will be tough for me to think of China’s human rights violations which have caused protests throughout much of the free world; I will be too busy crying as I watch American immigrants bask in their one day of glory, saving up these precious memories for four more years and for all the immigrants who will never receive acclaim and recognition for the work they do to make our country what it is.