Posts Tagged ‘9th Cir.’

What does May Day mean in 2009?

April 27, 2009

As May Day 2009 fast approaches, it is important to look back at the original celebration and what it did and did not do.  On May 1, 2006, millions of immigrant workers left their jobs for an hour or a whole day to bring home the message that they are an integral part of American society.  In cities like Los Angeles, New York, Chicago, Houston, Tucson, and Portland, May 1 was an important day of immigrant empowerment and a powerful symbol of solidarity.  However, that same year, the immigration legislation failed to pass Congress and the Secure Fence Act was enacted.

For nonviolence to be an effective tool, it cannot be only a negative force.  It must be constructive as well. As Dr. King wrote, “True peace is not merely the absence of some negative force — tension, confusion or war; it is the presence of some positive force — justice, good will and brotherhood” (“Nonviolence and Racial Justice“).  For nonviolence to change hearts and minds, it must not only protest injustice but also present solutions.  Unlike the May Day celebrations of 2006, as well as the ones being planned for this year in countless cities across the United States, a much smaller but more determined group of people are actively engaged in a nonviolence which highlights the injustices inherent in our current immigration system but which also positively provide for real needs.

Founded in 2004 by Catholic bishop Gerald Kikanas, Presbyterian minister John Fife, and several leaders of the local Tucson Jewish community, No More Deaths has been dealing with the negative human effects resulting from Operation Gatekeeper.  The increased militarization of the border through deportation, detention, armed forces, and border wall construction have merely rerouted desperate human migration through the most dangerous portions of the desert.  The Pima County Medical Examiner’s office, for example, has reported 84 deaths annually between 2000 and 2005, up from 14 in the ’90s.  No More Deaths attempts to save border-crossing families by leaving out water in the desert and tending to the medical needs of injured crossers. [Wikipedia] According to their website, 50 individuals have died  attempting to enter Arizona.

No More Deaths operates under some basic faith-based principles:

  • Recognize that the current Militarized Border Enforcement Strategy is a failed policy
  • Address the status of undocumented persons currently living in the US
  • Make family unity and reunification the cornerstone of the US immigration system
  • Allow workers and their families to enter the US to live and work in a safe, legal, orderly, and humane manner through an Employment-Focused immigration program
  • Recognize that root causes of migration lie in environmental, economic, and trade inequities[4]

While No More Deaths meets the needs of immgirants, they are forbidden to aid them in crossing, but in times of dire emergency they are instructed to call an on-call medical expert and, if need be, transport the seriously injured immigrant to the local hospital.  On July 9, 2005, however, two No More Deaths volunteers were arrested by the Border Patrol for transporting three border-crossers to a nearby hospital.  Daniel Strauss and Shanti Sellz were accused transporting and conspiring to transport undocumented immigrants, both felonies under US law. If convicted, they would have faced 15 years in prison and/or $500,000 in fines.  After more than a year, Judge Collins dismissed the charges in September 2006, stating that these two volunteers had followed pre-approved protocol and that further litigation would violate their Due Process rights under the Fourteenth Amendment. [Wikipedia]


Currently, Dan Millis is appealing to the 9th Circuit to contest the Arizona ruling that he and other volunteers had littered by placing water jugs for migrants in the Buenos Aires National Wildlife Refuge.  Despite the five milk crates of trash the volunteers had picked up, they were issued citations by the US Fish & Wildlife Service officers.  Two days before, Millis had found the body of a 14-year-old girl who had died of exposure. As Dan Millis has said, ““We pick up trash, distribute food and water, and administer first aid to people who desperately need it. We are not criminals.” [Guntzel, Jeff Severens. Utne Reader]

As communities prepare for May Day 2009, it is important to stress real issues and practical solutions.  Obama has pledged that comprehensive immigration reform is on the table for 2009.  The DREAM Act is still a potentiality, as is the Border Security and Responsbility Act [HR 2076] sponsored by Rep. Grijalva last week.  Immigrants from Rochester to Brownsville need more than a token march or a one-day protest – campaign for real change by advocating locally and nationally for meaningful reform for immigrants.

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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.