The State of the State of Minnesota, Re. Immigration

While the 2009 spring session for the Minnesota Legislature just ended amidst a controversial decision by Governor Pawlenty to balance the budget by himself, many important immigration bills were debated in this past session. Admirably, the Land of 10,000 Lakes voted to prohibit state compliance with the Real ID Act, a catch-all piece of 2006 federal legislation which enabled the Department of Homeland Security to waive any and all laws in the construction of our border wall and would have required a national id card to be carried by everyone in the U.S., a thinly cloaked anti-immigrant measure. This bill, HF 988, will protect Minnesota’s growing immigrant community in this particularly vulnerable time of economic turmoil from an intrusive federal law.

SF 1514 was also passed  on May 21 by the Minnesota legislature, recognizing the crime of sex trafficking for the first time with harsh penalties of up to 25 years in jail while also granting victims a means of legal recourse regardless of their citizenship status.

Also important were the bills rejected by Minnesota’s lawmakers, many of which were targeted specifically at the immigrant community.  SF 505, which would have required the removal of all head coverings in order to procure state ids, was defeated, along with SF 144, which would have made government employees liable if they knew of an undocumented immigrant and failed to report it.  SF 577 was also defeated in its efforts to make English the official language (interestingly enough, just before the turn of the 20th century the same debates were being had about making Norwegian the official state language).

A couple of important federal bills might also impact Minnesota.  AgJOBS, reintroduced in the Senate by Senator Diane Feinstein (S. 1038) and in the House by Representatives Howard Berman and Adam Putnam (H.R. 2414), would allow immigrant farm workers the opportunity to earn the legal right to permanently stay in this country through continuing work in agriculture while also amending the current H2A guest worker program to grant growers a safer and more stable workforce. (Souza, Christine. California Farm Bureau Federation).  Similarly, the Visa Recapture Bill (or the “Reuniting Families Act”) introduced by Senators Robert Menendez and Charles Schumer would go a long way in reforming the 1952 Immigration and Nationality Act. First, Visas unused due to lack of governmnet action dating back to 1992 would be added to the current year limits, and prospectively any surplus would added to the new year’s allowable visa limits. Second, spouses and minor children of legal permanent residents would be able to obtain visas (whereas now only citizens can really petition for immediate relatives), and it changes the age of minor children from 18 to 21.  Third, the overally level of family-sponsored immigrant visas would be expanded to 480,000/year, along with raising the number of employment-based visas to 140,000/year.

Advocates with the project Familias Unidas, along with the Immigrant Law Center of Minnesota, have worked to include Minneapolis on this collaborative’s national tour to 20 cities.  In its attempt to encourage support for comprehensive immigration reform this year, Representatives Luis Gutierrez and Keith Ellison will hold a community forum at the Incarnation Church in Minneapolis on June 14 at 2:30.  This multi-faith, multi-ethnic, multi-lingual event is aimed at getting Obama to follow through on his promise earlier this year to pass comprehensive immigration reform in 2009.  The petition they will be signing at this event is as follows – feel free to print it off and send it to our President yourself:

The Honorable Barack Obama

President of the United States

The White House

1600 Pennsylvania Avenue

Washington, DC 20500

Dear President Obama,

My name is _____________________________________, and I am petitioning on behalf of my

______________________ who has no realistic options to gain legal status under our current

immigration laws.

President Obama, as a result of our broken immigration system, my loved one is at risk of being

deported/ has been deported:  causing the destruction and separation of our family.

This has caused us all to live with constant anxiety and fear about the future of our family.

As you eloquently stated in your inauguration speech,

“The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation:

the God-given promise that all are equal, all are free and all deserve a chance to pursue their

full measure of happiness.”

On behalf of my family and the millions of other families like mine, I urge you to stop the

misguided raids and deportations that are tearing our marriages, our childrens’ lives, and

our communities apart.

We are hopeful that you will indeed fulfill your campaign promise to work with Congress to move quickly to enact just and humane comprehensive immigration reform that includes

family reunification, faster due process, a reasonable path to citizenship, and workers’ protection.

We are hopeful that you will indeed fulfill your campaign promise to work tirelessly to bring forth the change necessary to ensure that all people have an opportunity to dream, to live, and to pursue their full measure of happiness.

We are hopeful that you will indeed fulfill your campaign promise of Si Se Puede; Yes We Can!

Sincerely,

________________________________________    ________________________________

Signature                                                                      Date

__________________________________________________________ (Address)

__________________________________________________________ (City, State, Zip Code)

__________________________________________________________ (Phone)

__________________________________________________________ (E-Mail)

What does May Day mean in 2009?

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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.

Pulitzers & Unlikely Cooperation

Colbert Report with Sheriff Joe Arpaio

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.

A Secure Fence, a Loose Screen Door

Current Department of Homeland Security Michael Chertoff waived over 30 environmental laws under the Real ID Act in his haste to erect a border wall along our southern boundary as per the Secure Fence Act of 2006.

Chertoff has been touting the successes of ICE raids such as those in Postville and  increased deportations since he was appointed by President George W. Bush in April 2005.

Last week on December 11, Chertoff was also discovered to have been employing unauthorized workers to clean his house. (Nill, Andrea)

James Reid, owner of the cleaning company, is now facing fines of $22,880 for these workers he says “sailed through the checks.”  Among other things, Reid complains that the federal government is “outsourcing” its own responsibilities in putting the burden on employers to check and verify employee’s paperwork.  Reid also argues that small-business owners are disproportionately targeted by ICE, while larger corporations are ignored. (Hsu, Spencer. Washington Post)

Chertoff’s faux-pas has received scant notice in mainstream media, while many border activists and proponents of comprehensive immigration reform are spotlighting his inconsistency as emblematic of the United States’ view toward immigrants.  We want unauthorized immigrants, not so that they can one day work their way toward full citizenship but instead so we can underpay them, bully them, keep a workforce disunionized and without a voice.  Chertoff may or may not have been aware of the documents his cleaning staff had; however, they were most certainly people working hard to provide for their families.

While the swirl of news stories surronding this hypocritical action of Chertoff focus on the need for tighter borders or harsher penalties for employers and immigrants, we must remind folks that the real problem is that people are seen as illegal or criminal in the first place.  As Holocaust survivor Elie Wiesel‘s famous slogan reminds us, “No Human Being is Illegal.”  Our problem is not that our borders are porous but that our hearts are callous, and Chertoff and we want unauthorized immigrants to stay that way so we can continue to underpay and mistreat them legally.

Unjust Laws Create Both Criminals and Victims

A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the words of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality.” (Why We Can’t Wait 82)

    Martin Luther King’s differentiation of just and unjust laws was used in the civil rights movement to condone the breaking of Jim Crow laws which were perpetuating immoral segregation. Our nation’s current immigration laws, which themselves hinder real integration for at least 4% of our resident population. Just as in the civil rights movement and today’s unresponsive immigration laws, unjust legislation creates criminals out of moral men and women.

    Another important distinction, however, is that unjust laws create victims and victimizers. With more than 12 million people currently living on the other side of our nation’s immigration laws, more than half of whom have just overstayed visas, corruption and victimization are rampant. A New York Times article which ran yesterday detailed the sad story of several women who have been subjected to rape and sexual assault in hopes of procuring the ever-elusive Green Card. Nina Bernstein writes, “..it raises broader questions about the system’s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man’s land, increasingly fearful of seeking the law’s protection.” (Bernstein, Nina “An Agent, A Green Card, and a Demand for Sex” New York Times: Mar. 21, 2008. ) The chilling reality is that these sobering tales of corruption in low-level immigration positions belie the thousands and potentially millions of similar stories where people without rights, recourse, and protection of the law are taken advantage of by citizens, most of whom are legal through no merit beyond their birthplace.

    Gone unchecked, this long victimization of immigrants has been below the national radar. With nativists calling for massive deportation, which would run upwards of $94 billion and shock jocks emphasizing the few extralegal residents who break other laws, the American public has been unaware of the power game going on in immigration agencies, businesses which hire undocumented workers, and in the hearts of normal people who are tempted to profit from the precarious position of these extralegal residents. Bernstein notes that,

Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency’s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations. (Bernstein, Nina “An Agent, A Green Card, and a Demand for Sex” New York Times: Mar. 21, 2008. )

Because unjust laws fly in the face of a higher law, they make a mockery of the Justice which laws are designed to approximate. As a result, the “criminals” created by unjust laws become helpless victims and law-abiding citizens are tempted to use the law to their advantage. Victimized and victim become dehumanized because, as Dr. King stated, unjust laws degrade human personality and make us tend toward the worst in human potential.

    At the risk of alienating some of my Christian brothers and sisters, the parallels between abortion legislation and immigration legislation are haunting and worthy of note. There are two reasons why many Christians, like the revered evangelical author Jim Wallis, are opposed to absolutely overturning Roe v. Wade: 1.) because when abortion becomes illegal, unsafe, makeshift clinics would instantly pop up and endanger the lives of thousands of women; 2.) to ban abortion while not simultaneously increasing welfare and child-care programs would be to sentence these children and their mothers to a bleak future. The main problem with overturning Roe v. Wade, then, would be the resulting victims and victimizers. Jim Wallis, along with many Christians, advocate a pro-life instead of pro-birth stance, by trying to rid the underlying causes of abortion. A simple scan of countries where abortion is illegal, such as Mexico, shows that instead of ending abortion these laws simply mar human rights by making the practice more dangerous and lethal.

    In much the same way, unjust immigration laws like a quota system based on national origin and a lottery system based on mere chance create victims and victimizers. Our country must strive for comprehensive immigration reform so that our laws uplift human personality by granting immigrants and their native neighbors every opportunity to realize their full potential.