Silence of Good People

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 44^th 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 21^st century civil rights issue in the United States.

The Dawn after the Darkest

Martin Luther King spoke often about the night being darkest just before the dawn. In his book Stride Toward Freedom, King writes about a lawsuit in the Birmingham Bus Boycott as being one such night, “darker than a thousand midnights. It was a night in which the light of hope was about to fade away and the lamp of faith about to flicker. We went home with nothing before us but a cloud of uncertainty” (A Testament of Hope, 455).

April 1 saw Secretary of Homeland Security Michael Chertoff waiving 39 laws to rush the construction of a border fence along our nation’s southern border. April 7, then, marks a return to law and a callback to conscience. Chairman of the Homeland Security Chairman Bennie Thompson (D-MS) convened with 14 Members of Congress to submit an intent to file an Amicus Curiae brief regarding the Defenders of Wildlife case (which would bring the environmental law waivers to Supreme Court). These Congressman urge the Supreme Court to grant certiorari in this case, because they hold that the REAL ID Act’s waiver of laws is unconstitutional.

Grassroots groups like No Texas Border Wall, Border Ambassadors, and the Texas Border Coalition rejoiced today to hear Congressman echo our shock and disbelief at this massive waiver. Thompson joined these men and women in opposition to the REAL ID Act:

• Energy & Commerce Committee Chairman John Dingell (D-MI);
• · Judiciary Committee Chairman John Conyers (D-MI);
• · Transportation & Infrastructure Committee Chairman James Oberstar (D-MN);
• · Education and Labor Committee Chairman George Miller (D-CA);
• · Rules Committee Chairwoman Louise Slaughter (D-NY)
• · Veterans Affairs Chairman Bob Filner (D-CA);
• · Intelligence Committee Chairman Silvestre Reyes (D-TX);
• · Congressman Solomon Ortiz (D-TX);
• · Congresswoman Zoe Lofgren (D-CA);
• · Congresswoman Sheila Jackson Lee (D-TX);
• · Congresswoman Susan Davis (D-CA);
• · Congressman Raul M. Grijalva (D-AZ); and
• · Congresswoman Yvette D. Clarke (D-NY).

Chairman Thompson stated before these legislators that the Secretary of Homeland Security’s use of the waiver was “a direct challenge to Congress’s Constitutional role. The American people entrust Congress to ensure that the laws of this land are faithfully executed not excused by the Executive Branch” (Amicus Curiae). Grassroots organizers should feel proud at their efforts to raise this particular waiver to the national eye, while its use in Arizona went unnoticed and largely unopposed.

Congressman John Conyers (D-MI) might well have walked with the 300 marchers this past March 8-16 from Roma to Brownsville. He understands with us that this wall is an environmental blight, a piecemeal political gesture, and an ineffective strategy. He stated that it is “our responsibility to be stewards of the earth cannot be thrown aside for the sake of an ill-conceived border fence. The Administration exempts itself from a duty to protect the environment, sacred burial sites, and centuries-old farms, but conveniently spares wealthy landowners from the bulldozers” (Amicus Curiae). We applaud the truth of his statement and welcome him or anyone on this Committee to come down to see this Valley, visit the people of Granjeno and Los Ebanos, swim in the beautiful river, walk the trails of endangered ocelots, and witness the wonderful coexistence of both sides of the broder.

Intimating that Congress has been worried about such disregard for law before this, Rep. John Dingell said, “Congress’ efforts to seek justification for this waiver from DHS have been stonewalled, which leads me to believe none exists” (Amicus Curiae). Much like J. Edgar Hoover’s refusal to release proof for his Communist accusations of civil rights leaders like Stanley Levison and Martin Luther King, Homeland Security’s Secretary has voiced the fact that it is unnecessary to explain this action or to study the wall’s effects on the environment and local communities. It does the Valley’s heart good to know that these Congressman and many others understand the gravity of this situation.

And so it is with much rejoicing in my heart that I write this. Though the Secure Fence Act of 2006 will still be a long fight and the REAL ID Act has not yet been overturned, we are moving in the right direction. Though the arc of the moral universe is long, it does bend toward justice. It is bending faster and more distinctly as of today. The conscience of this country and the minds of this nation’s residents are bending toward a place of reconciliation and true progress. We are beginning to communicate – may this nonpartisan committee be just a beginning.

Please write these brave men and women to congratulate them on their stance for Truth. Write your other state legislators to urge them to oppose both the REAL ID Act and the Secure Fence Act.

Civil Rights Opportunity of the Century

When Martin Luther King wrote his famous “Letter from a Birmingham Jail,” he had in mind several prominent preachers, including Episcopal Bishop C.C. Jones Carpenter. When King wrote, “The ultimate tragedy of Birmingham was not the brutality of the bad people, but the silence of the good people,” he was envisioning these men of faith who had their hands on the levers of hundreds of thousands of consciences. While C.C. Jones Carpenter legalistically disagreed with King’s direct action strategies, he was in effect weighing in with support for the segregationists. One of theologian Reinhold Niebuhr‘s best friends, Bishop Will Scarlett, had attempted earlier to rouse Carpenter’s conscience for integration. Scarlett wrote that integration was “…in line with my suggestion years ago that the sight of the great Bishop of Alabama ridden out of his State on a rail because of courageous and enlightened speech, would be one of the greatest events of many years…I still think so: I think you have an opportunity of a hundred years.” (Parting the Waters, 742)

The Secure Fence Act of 2006 and the shockingly un-Constitutional waivers of 30 laws this past week in order to hasten the wall’s construction provide American citizens and residents the civil rights opportunity of the century. The Secretary of Homeland Security’s waiving of border citizens’ rights and due process is shocking in its blatant disregard for morality and basic human rights; however, we must not let this, the largest waiver so far in the construction of what would eventually be a 2,000-mile border wall, enervate us and cause us to falter.

No, this mass waiver and the thoughtlessness of the Secure Fence Act of 2006 must serve as a rallying cry to unite Americans and to call for real immigration reform with solidarity. I must admit that when I first heard of the waiver on Tuesday, I trembled with shock and disbelief. Having walked 126 miles with 300 people but a few weeks before in the No Border Wall Walk here in the Rio Grande Valley, I had felt we had made a difference. UTB Professor Eloisa Tamez’s case had been a partial victory, and the UTB decision on Wednesday, March 19, had made all activists and citizens begin to believe that perhaps the lines of dialogue were open and our leaders were willing to listen to reason and conscience. My hopes were jarred this April Fool’s Day 2008, but I have now come to understand that this is merely a call to action.

And so to oppose the foolhardiness of this Fool’s Day decision, people of faith must say to the fool there is a God and he is on the side of the stranger and the migrant. People of faith, from Baptists and Methodists to Mennonites and Lutherans and Quakers, from Catholics and Unitarians to Jews and Muslims and Buddhists – all these people of faith are united around the idea of protecting the sanctity of human life and defending the rights of immigrants. All people of faith must therefore unite in solidarity against a border wall which threatens the way of life and the basic human rights of the millions who live on both sides of the U.S.-Mexico border. People of faith must join in opposition against a double-layered, 18-foot wall which would be economically destructive, environmentally unconscionable, politically backward, socially devastating, and morally reprehensible. If we do not step up in this moment of opportunity, then Dr. King’s words from prison will ring true.

So often [the church] is an archdefender of the status quo. Far from being disturbed by the presence of the church, the power structure of the average community is consoled by the church’s silent – and often even vocal – sanction of things as they are.

But the judgment of God is upon the church as never before. If today’s church does not recapture the sacrificial spirit of the early church, it will lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century (Why We Can’t Wait, 92)

People of faith, and in fact all citizens, must come together today. The REAL ID ACT holds the potential to waive any number of laws in constructing a border wall. The Secure Fence Act of 2006 stands as a deterrent from positive immigration reform and a detriment to the border region, Mexico, and our entire nation of immigrants, both legal and extralegal. Please speak with your faith leader and urge them to adopt a strong resolution against the border wall. The Church is strongest when it is a check of the State, and our nation’s power imbalance must be righted by people of faith today. It is no longer our place to discuss whether or not this is a church issue or a moral dilemma – the time is ripe to do right right now.