Cumulative Immigration Reform

While the Obama administration vowed to take on comprehensive immigration reform in 2009 and has now shifted its goal to legislation in 2010, several positive changes have recently begun to nudge the broken system towards increased fairness.  On Wednesday, December 16, ICE assistant secretary John Morton stated that asylum seekers would no longer be detained indefinitely as long as they could prove their identity,  that they were not a flight risk, and that they have a credible fear of persecution in their home country. (AILA Leadership Blog).  Although this has been official policy since 1996, Morton’s statement in late 2009 intimated that asylum seekers would be evaluated as soon as they make their claims, rather than sitting in an ill-equipped, makeshift detention center, often with violent criminals serving sentences.  Such a practice would begin to treat asylum seekers as we treat others in judicial proceedings – innocent until proven guilty. The administration also responded to the humanitarian crisis not simply by pledging financial aid and committing troops but by alleviating the immigration laws which were denying Haitians or even deporting them despite the catastrophic conditions of that island.  DHS Secretary Janet Napolitano announced on January 18 that the United States was extending humanitarian parole to Haitian orphans seeking care.  The Department of State and Department of Homeland Security are working to get visas or paroles for these children, and once the unaccompanied minors arrive in the United States they will be in the care of the Department of Health and Human Services.  Some of the children will qualify for permanent immigration status, while others will just be granted a visa, but either way these children will get the care they need in time.  In an area of legislation that often takes decades to move, it is refreshing to see the Obama administration react quickly to the urgent needs of Haitians. (DHS Fact Sheet).

In addition to the humanitarian parole for children, Haitian adults now qualify for temporary protected status (TPS) if they have resided in the United States since January 12, 2010, and maintained a continuous physical presence here.  For all the individuals in removal hearings, for all those awaiting an immigration decision with bated breath, for all those wondering when they would be put on a plane and send back to a country with few to none working airports, this announcement also reinstills hope that this year may be the year when comprehensive immigration reform escapes partisan politics and actually gets implemented.  (Christian Science Monitor). Hopefully comprehensive, rather than cumulative, immigration reform will finally pass in 2010.

Postville: The Difference a Year Makes

Yesterday, immigrant rights advocates marched down the tiny streets of Postville, IA. They marched to remind the nation that workplace raids cause ongoing devastation, that immigrants deserve basic human rights, and that Obama must live up to his promise to tackle immigration reform in the next year. [Martin, Liz. “Postville story, a year later, told in photos”]

Local businessman Gabay Menahem joined the march and commented on the economic difference a year makes.  “A year ago it was impossible to buy a house in Postville. Now there are 228 houses for sale out of 700 total.”  More than 30% of the Jewish community left after the raid, and much of the Latino community was either deported after entering guilty pleas or fled in fear.  [Love, Orlan] Some still remain, wearing transponders on their ankles more than a year later.  Children still remain [local school attendance has only dropped about 3%], but they are in increasing need of mental health services, and many of them are missing at least one parent.

Father Ouderkirk and St. Bridget’s Church continue to minister to the Latino community of Postville.  They currently care for 30 affected families, aiding them with housing and food and counseling as they seek to be reunited with their family members or as they wait for their day in court.

Most of the 389 workers arrested pled guilty last May.  They were housed in a cattle-barn, expedited through a trailer-home courthouse ten at a time, and threatened with years in prison unless they pled guilty on the spot.  Many of them were from Guatemala, and few of them spoke English.  The majority of them had no idea what a Social Security number was, or why the leading prosecutor Stephanie Rose thought that they had used fake ones.  Many of them had received fake numbers from their employer, Agriprocessor’s Inc., the largest kosher meatpacking plant in the nation.

Last week, the Supreme Court issued its ruling on Flores-Figueroa, ruling that to be convicted of aggravated identity theft, the person must know they are using another person’s identification.  While this ruling does little for the 389 workers, most of whom pled guilty and have since been deported, but it is resulting in dropped charges against some of Agriprocessor’s administration.  Last Tuesday, federal prosecutors dropped aggravated identity theft charges [a mandatory 2 years imprisonment] against human resources manager Laura Althouse, who was allowed to rescind a guilty plea she entered last year. [Preston, Julia. “Dismissal of Guilty Pleas is Sought for Immigrants”]

As the Supreme Court’s decision affects the sentencing of this dubious employer’s administrative staff, many are calling upon Attorney General Eric Holder Jr. to order a case-by-case investigation into the almost 300 guilty pleas entered last May in Postville. “The federal prosecutors used the law as a hammer to coerce the workers,” said David Leopold, vice president of American Immigration Lawyers Association.  Others went farther, including Representative Zoe Lofgren (D-California), chairwoman of the House immigration subcommittee.  She is calling on the Justice Department to start over, since these cases didn’t comport with the law. [Preston, Julia. “Dismissal of Guilty Pleas is Sought for Immigrants”]

Today marks the day after Postville’s raid last year.  Postville no longer represents the largest ICE raid [Laurel, MS, now holds that dubious title].  This tiny town in northern Iowa has largely been forgotten by politicians and lawmakers, if not the general public.  As life goes on and our courts begin to follow the new Flores-Figueroa ruling, it is vital that we make sure it is evenly applied.  There is an unpleasant aroma of injustice when the immigrants who worked in subhuman conditions were imprisoned five months and deported, while the employers were never made to stand accountable for their numerous employment violations [child labor laws, safety protocols, and pay] and look to walk on some of the harsher sanctions of identity theft and employing undocumented workers.

Citizenship Day 2009

Yesterday, April 18, was National Citizenship Day.  This yearly event is sponsored by the Minnesota/Dakotas Chapter of AILA (American Immigration Lawyer’s Association). Though there are few immigration attorneys in my home of Rochester, MN, three years ago Rochester was the first city to host Citizenship Day. The veterans of this event recounted to me the lines on that day in 2007, how they snaked out the door of the Hawthorne Education Center and down the street.  Over a hundred people went through the naturalization process that day, with a steady line of people from 9:30 to 4:00.

That year was special, because in 2007 the rates for N-400 forms (the forms for Legal Permanent Residents to naturalize into Citizens) jumped from under $300 to their current price of $675.  While the Citizenship Day charges a meager $20 processing fee for the immigrants to complete their forms and snap a passport photo, this hike in fees was and still is prohibitive for many individuals, so in 2007 whole families rushed to naturalize en masse.

This year about 50 immigrants came through Hawthorne Education Center.  Many of them were shocked at the $675 government processing fee, but they still wanted to pursue citizenship so they could vote, or bring a loved on to the United States faster (6-8 months, rather than 8-10 years), or get a government job, or travel frequently out of the United States. (Odrcic, Davorin. “When a Lawful Permanent Resident Should Consider Naturalizing: The Benefits to U.S. Citizenship“)  It was delightful to work in the Form Preparation room, where I had the unique opportunity to speak with so many immigrants from countries as diverse as Laos, Bosnia, Somalia, Sudan, Iraq, Mexico, and Colombia.  They came by themselves, clutching all their forms in one hand, or they came as a family, proud to be taking this final step to full participation in American civics.  Little children, themselves citizens, proudly watched their parents filling out the forms to finally be able to vote (so many were frustrated they couldn’t participate in 2008’s electoral process).  Some high-school children came in to fill out the forms for their parents who were at work this Saturday.  Russian, Arabic, Spanish, Somali, and Hmong were all spoken in this tiny room. It hit me that this is America, this is citizenship.

Throughout the day, I had the privilege to work alongside many volunteers, including several local attorneys such as Chris Wendt and JoMarie Morris, paralegal students from Winona State University, and nuns from Assisi Heights.  It was refreshing to see such a diverse group interacting with immigrants and the complicated American immigration system.  Whatever their first preconceptions, by the end of the day everyone was impressed by just how complicated the naturalization process was and how prohibitively expensive it was going to be for these families.  The Assisi Sisters were amazing and uniquely equipped for legal work, simply because of their profound gift for listening.  I saw several tears throughout the day as immigrants told their stories and as families realized it might be a few more years before they could become citizens.  It meant so much to the immigrants and volunteers when Mayor Brede visited and made a public proclamation in support of Citizenship Day.  Whereas so many immigrants are made to live in the shadows of society, how freeing and empowering it must for these individuals to finally be filling out that final form and here, with the blessing of the local mayor.

Throughout Minnesota this same process was underway all day.  AILA Citizenship Day has now spread to St. Paul, Bloomington, Fargo, and St. Cloud.   Though I cannot speak for the rest of the sites, in Rochester the food was amazing.  Local businesses like Daube’s Bakery and Great Harvest Bread Co. baked breads and doughnuts for breakfast, while local Somali and Iraqi refugee families cooked up some delicious ethnic foods.  It was an honor to have the chance to work with Mary Alessio, the head of Catholic Charities Refugee Resettlement here in the Winona diocese, and I look forward to Citizenship Day next year.

A highlight of the day was speaking with Graciela, who had gained citizenship through this process last year and was now back as a volunteer translator.  She was overjoyed to be a citizen, and she felt it was her duty to help others do the same.  Similarly, the Sisters of Assisi were amazed by all the bureaucracy immigrants needed to undergo just to gain something we had all been granted simply through happenstance of where we were born.  At the end of this Citizenship Day, everyone emerged with a greater appreciation of what it means to be a citizen.