Guilty as Suspected

After listing off his numerous legal options over the phone and across the plexiglass, Fidencio looks right at me and says, “Yo quiero salir. Quiero regresar.”  I translate to the Minnesota Detention Project attorney that he simply wants to leave, to return home.  She explains briefly that this will result in a ten-year bar to his re-entry, that it will be very difficult for him to get back in again.  Fidencio shuffles his feet, chains jangle, and he crosses his arms across his orange County prison jumpsuit.  “No importa, I just want to get out. I can’t stay another week at Ramsey. Every day I stay in here I cannot make money for my family.  Just get me out ahora.”

And so another father and husband is deported back to Honduras, his family left here to continue living in the shadows or to return to a country with little opportunity.  About 8,000 people in Minnesota are currently in deportation proceedings, and some 200 to 300 are housed in one of five county jails where Immigration Customs Enforcement (ICE) rents space.  The Ramsey County Jail in St. Paul typically houses 50-75 detainees, most of whom do not have any criminal conviction and are merely suspected of illegal entry.  They share residence with indicted murderers, rapists, burglars, and drug addicts.  Since most county jails are designed for one-night stays, few have outdoor yards and, as a result, detainees rarely see the light of day.  At Ramsey County, detainees are incarcerated an average of 100 days.  Most immigrants, by the time their day in Immigration Court finally arrives, will argue their case pro se before the Court and simply beg the judge to deport them back to their country of citizenship. [Aslanian, Sasha. MPR]

The number of immigrants detained each night in the United States is roughly 32,000.  Many of that number have not been convicted or even charged with a crime but are, according to ICE, a flight risk.   Immigrants represent the few civil court defendants incarcerated in such a way.  Despite the obvious flight risk of certain delinquent fathers awaiting judgment on child support or traffic offenders awaiting their day in court, few other civil defendants are held in jail at all, let alone for months on end.  Although anklet transponders are used by parole officers in oyhrt areas of law, ICE has so far rarely used such minimal safeguards for supposedly “innocent until proven guilty” immigrants, opting instead to pay $80/night for a total of $1.8 million/year. [Aslanian, Sasha. MPR].

Anklet Transponder

Nationally, the housing and transfer system is so haphazard that some detainees are moved to a new detention facility without ever being served a notice detailing why they are being held.  From 1999 to 2008 some 1.4 million detainee transfers occurred, often moving longtime residents of New York and LA to remote jails in Texas or Louisiana, far away from friends, legal counsel, or evidence for their immigration case.  These detainee transfders typically send immigrants to the Fifth Circuit, the most hostile jurisdiction toward immigrants and the worst ration of immigration lawyers to detainees.  [Bernstein, Nina. “Immigration Detention System Lapses Detailed. NYTimes].

This week, Rep. Gutierrez from Illinois introduced the first of a new wave of comprehensive immigration reform bills, this one entitled C.I.R. A.S.A.P.  As Congress wraps up healthcare debates and begin to take up the issue  Obama shelved until 2010, any comphrensive bill must seek to alleviate and remedy the current system of criminal detention of civil immigrant cases.

Detention Watch Network MAP

Kennedys’ Nation of Immigrants

With the tragic passing of Edward Kennedy this past week, countless individuals and organizations have eulogized his 47 years of service. Most eulogies have focused on his health-care bills and speculate how he would have impacted the current public debate.  However, Kennedy will be missed for a multitude of reasons, not the least of which is the immigration reform in which he so passionately believed and our country so sorely needs. 

            Maybe he was influenced by his big brother Jack’s bestselling book A Nation of Immigrants. In the introduction to that book, Bobby Kennedy wrote, “Our attitude toward immigration reflects our faith in the American ideal.”  Perhaps Ted saw in immigrants a continuation of the fight for civil rights. Whatever his inspiration, Sen. Edward Kennedy was a champion of immigration reform in his later years. In 2006 he partnered with Sen. John McCain in crafting bipartisan legislation which nearly succeeded in passing Congress. 

            Edward Kennedy will most certainly be missed by all, both in the political arena that so badly needs bipartisan cooperation as well as in the immigrant community which needs real reform. While Obama once promised comprehensive immigration reform within the year, he has since moved the deadline back to sometime next year. For our President, Congress, and all the men and women in this great nation, Ted Kennedy’s “Introduction to A Nation of Immigrants” should remain a lodestone.

[W]e will have ample inspiration in the lives of the immigrants all around us. From Jamestown to the Pilgrims to the Irish to today’s workers, people have come to this country in search of opportunity. They have sought nothing more than the chance to work hard and bring a better life to themselves and their families. They come to our country with their hearts and minds full of hope. I believe we can build the kind of tough, fair and practical reform that is worthy of our shared history as immigrants and as Americans.

What does May Day mean in 2009?

http://mirac1.files.wordpress.com/2009/03/poster1mayo1.jpg?w=500&h=771

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.

High Time for Social Uplift

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 5^th and 14^th 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.

$4.8 Million Dollars a Mile

The United States government signed contracts to build the border wall in south Texas yesterday, Sept. 22.  DHS negotiated contracts with Clute, MCC, and Keiwit to construct 7.6 miles of barrier for $37 million.  After Congress approved a $400 million appropriations request for the enactment of the Secure Fence Act of 2006, DHS contracts on Monday to spend $4.8 million for land in Los Indios, El Calaboz, La Paloma, and Bluetown, all of which are towns formed by Spanish land grants dating back to the 18th century. (http://www.brownsvilleherald.com/news/construction_90253___article.html/million_contracts.html)

My heart goes out to the families of these border towns who are more afraid of decrepit levees than illegal immigrants.  As the Rio Grande Valley is moved one step closer to having a border wall slice through its communities, one wonders how the United States can justify begininning to spend $400 million on a border wall which is clearly unpopular when our banks are declaring bankruptcy, millions are foreclosing, the War drags on, and the dollar falls in relation to oil prices.  I pray these actions and these contracts are forestalled long enough for a new administration to realize the lack of logic in building a border wall while neglecting immigration reform and for the country to finally hear the cries of these border towns in the way.

May 6- Eloisa Tamez Addresses the Cameron County Commissioners

In the Castellano Province of northern Spain, I have been overwhelmed with awe at a new land, language, and people every single day of this month-long Rotary trip to Spain.  All of this traveling, though, is tinged with a hint of regret that I am reduced to a peripheral role in the organized opposition to the border wall or levee-wall compromise on the Texas & Mexico border.  The Spaniards are very sympathetic to border residents’ resentment towards the Secure Fence Act of 2006, but I still feel somewhat removed from events such as Eloisa Tamez’s address to the Cameroun County Commisioners on May 6.  Her address was as follows:

Presentation to Cameron County Commissioner’s Court
Presented by Eloisa G. Taméz, RN, PhD, FAAN
Judge Cascos, Commissioners, Fellow Citizens
We the citizens of Cameron County are facing many challenges in relation to the Border Wall construction.
1.        Through the Declaration of Taking (DTA), many of us landowners are in peril of losing our ancestral lands.
2.       The Department of Homeland Security (DHS) has violated constitutional laws to take our lands (Persisitently used 2006 Secure Fence Act and ignored 2008 Appropriations Bill).
3.       Members of Congress and Senate passed the Real ID Act of 2005, giving Secretary Chertoff, an appointed Executive Branch official, absolute power.
4.       The human rights of the citizens of South Texas are being violated as evidenced by the absence of the proposed Border Wall construction in properties owned by corporations (River Bend Resort) and the connected (Hunt Enterprises).
5.       The citizens of South Texas are being denied equal protection in accordance with the 5th Amendment.
6.       The affected citizens lack representation by elected officials: local, state, national.
7.       Citizens are being accosted in their own land by Border Patrol Agents (BPA).  Example:  Those of us, whose land is divided by the levee, are being confronted by the BPA when we are on the levee.  We hold title and pay taxes on that easement that only the International Boundary and Water Commission (IBWC) is authorized to access.
8.       The BPA, while trespassing on private property, have turned the levee into a highway and DHS is now requiring Cameron County citizens to bear the cost of repairs to damage they produced.  This movement is unacceptable to the citizens of Cameron County.
We are indigenous to these lands and citizens of the United States.  Yet, we are under siege by our own government and subject to disparaging remarks by those elected officials in Washington DC who authored bills like the 2006 Secure Fence Act and the Real ID Act of 2005 that are based on political survival rather than the greater good for America.  Fear has been purposely created on less than valid and justified conclusions.  At a recent Congressional Hearing in Brownsville, DHS representatives were unable to provide qualified and scientific information regarding those areas in the proposed Wall’s path that are excluded.
America is headed towards a Unitarian Government rather than a democracy.  Is this the legacy that we want for our children and their children?  To heal this decay in American democracy, we must unite as a people and raise consciousness to local and state elected officials, the President of the United States and Congress that the opening words in the constitution read “We the people……. not “We the corporations” or  “I Michael Chertoff”.
I urge you to vote responsibly for your constituents to approve the proposition presented here today, May 6, 2008, by Commissioner John Wood, who honors all Cameron County with diligence.
Name of lawsuit:  Affirmative Lawsuit of Taméz, García, et al VS Michael Chertoff & Robert F. Janson of the Department of Homeland Security.

I look forward to rejoining the solid efforts already organized against the construction of any border barrier on any frontera of the United States when I return to Brownsville, Texas, on May 26.

Headed to Spain

This coming Monday, April 28, the Defenders of Wildlife will be hosting a “Congressional Field Hearing on the Border Wall and the Department of Homeland Security’s Abuse of Power” at UT-Brownsville.  The community event is a vital step in uniting environmental groups and community members in the open nonviolent opposition to the violence of a border wall in South Texas.

Regrettably, I will not be able to attend this meeting.  By Monday, I will be in the Basque region of northern Spain, researching second-language education programs and immigration systems in the developed country with one of the most liberal immigration policies in the world.  I will be thousands of miles removed from the present situation of the REAL ID Act and the Secure Fence Act of 2006.  The civil disobedience training scheduled for mid-May, as well as many community events organized to call for a moratorium on the border wall – all of these events will go on in the month I am away from la frontera. 

But, in some ways I will be traveling closer to the solution.  Spain is a country who has confronted issues of immigration in a constructive, positive fashion.  Rather than entertaining the idea of a border wall to solve or salve its immigration issues, Spain has chosen to view people as assets, be they from Morocco or Romania or Bosnia.  I look forward to learning how these people are assimilated, how they are granted real opportunities to participate fully in Spanish society, and how they are guaranted the rights of all citizens. 

Since the Secure Fence Act of 2006 was born out of aborted bipartisan immigration discussions, real immigration reform is at the heart of any alternative to an atrocious 700-mile border barrier between the U.S. and Mexico.  The individuals throughout south Texas who plan to engage in trained civil disobedience to oppose the construction of a border wall have both my blessing and my prayers.  It is also my prayer that I will be able to apply the lessons I learn across the Atlantic to this issue, one which is fundamentally a domestic conflict due to inevitable globalization.  I will try to keep posting blog entries as faithfully as possible, so that my thoughts and meditations might add yet another perspective to the ongoing legal fight and nonviolent struggle against the border wall.

Satyagraha in Manhattan and the Americas

The MET is staging Satyagraha in New York City. Philip Glass‘s 1979 opera about Gandhi’s life and philosophy of “holding on to truth” is a spectacle which makes me wish I were in Manhattan for a matinee. Julian Crouch, one of the artistic directors of Improbable Theater Company of London, stated that the giant puppets of this opera were chosen because “…we wanted to use very humble materials in the making of the opera…We wanted similarly to take these materials, maybe associated with poverty, and see if we could do a kind of alchemy with that, turn them into something beautiful” (NYT). This opera shows Mohandis Gandhi meeting with his philosophical mentor Leo Tolstoy and with his inspired follower Martin Luther King, Jr. In the meantime, newspapers are transformed into puppets, wadded pages represent rocks, and other texts are molded to resemble Hindu goddesses in a transformation of the mundane into the sacred, the profane into the divine.

I wish the Improbable Theater Company could travel to Brownsville, Texas, bringing with it the ideas of nonviolence and civil disobedience to a border region currently preparing to oppose an unjust border wall through its homes and backyards. If Satyagraha could be staged in Dean Porter Park, perhaps the poorest city in the United States would see that it does not need money or political power in order to stand for the Truth. The Truth is compelling, and when men and women refuse to resort to violence but instead seek reconciliation in the face of injustice, we have to believe that the spark of the divine will be ignited in our fellow Man when he is confronted with the morality of our plea. A border wall, above and beyond beyond environmentally unsound, politically backwards, and environmentally devastating, is morally reprehensible.

On April 1, Homeland Security Secretary Michael Chertoff used the REAL ID Act to waive 39 laws in an effort to speed up the construction of the border wall. All 100 Senators voted for this act, a piece of legislation predominantly concerned with driver’s licenses but with a rider granting unprecedented powers to waive all laws in constructing border barriers. In traditional Jewish law, a law which was passed unanimously was thrown out – something must have been amiss. In Gandhi’s book, Satyagraha, he writes, ““It is a superstition and ungodly thing to believe that an act of a majority binds a minority…all reforms owe their origin to the initiation of minorities in opposition to majorities” (18). The overwhelming vote for the REAL ID Act must not dissuade us from speaking truth and campaigning for the overturning of these waivers.

Valley residents are not alone, however. The minority in opposition to a wall is growing, and we have the moral power of knowing we are right. Thank you, Rep. Thompson, for your courageous stand along with 14 other Congressman. We pray your Amicus Curiae brief will persuade the Supreme Court to take case with Homeland Security’s ability to waive unlimited legislation to expedite the Secure Fence Act of 2006. It is encouraging to know that the unanimous vote in the Senate is not the entire story.

It is also encouraging to note that the European Union is currently considering the introduction of a decade of nonviolence, a year after dissolving the last of its countries’ borders. It is heartening to know that the E.U. recognizes, “Gandhian non-violence to be the most appropriate means of ensuring that fundamental human rights are enjoyed, upheld, promoted and respected” (http://www.unpo.org/content/view/7980/83/). It is encouraging to know that the spirit of nonviolence was not killed along with Gandhi and King, that it survives even though the United States has already started clearing brush from its levees in South Texas, fully intending to build a border wall between itself and its neighbors to the South. Nonviolence, that soul-force which King preached and which is parading in New York’s MET right now, still walks the streets and marches on, despite the fact that the Secure Fence Act of 2006 still stands as a blight upon our nation, culture, and all immigrants, a symbol of division in a time when we need unity.

We, the people of the Valley, call for the prayers and support of all concerned citizens at this crucial time in American history. The people of the Valley are already fighting the legal battle and will continue to campaign for Justice through the courts. In addition, we are readying for civil disobedience, should it come to that. Groups such as Fellowship of Reconciliation and Christian Peacemakers, as well as individuals like the American Gandhi, have already expressed interest in training a group of concerned citizens in proper, positive civil disobedience.  We welcome any and all support in our efforts of reconciliation as opposed to division. We join with Christian thought in recognizing that we inevitably reap what we sow, and we seek to keep the United States from sowing a seed of dissension and division rather than working on communication and mutually beneficial relations with brothers and sisters of the world.

April is the Cruellest Month…

“APRIL is the cruellest month…” (Eliot, T.S. The Wasteland)

 

    April Fool’s 2008 will assuredly go down as a cruel day in the history of these United States. On this April 1, the United States government opted to bypass more than 30 laws in hopes of rushing construction of a controversial border wall. The wall is currently held up in negotiations, court cases, local protests, and wavering public support, but Homeland Security Secretary Michael Chertoff ordered these waivers stating, “`Criminal activity at the border does not stop for endless debate or protracted litigation…These waivers will enable important security projects to keep moving forward.”

    The waivers are the biggest use of legal waivers since the administration started building fence. The government waived 20 environmental laws to build the wall in Arizona, but this waver will cover a “total of 470 miles along the Southwest border.” As stated by the Associated Press article leaked today at 11:40, the department will conduct environmental surveys when necessary, but allow them to start building before these are completed.

 

30 laws. 30 laws which took hundreds of days to pass, millions of dollars to lobby and legislate. 30 laws which represent millions of Americans and thousands of endangered animals and ecosystems. 30 laws tossed aside in the name of anti-terrorism. 30 laws tossed aside to complete the Secure Fence Act of 2006 which was proposed as immigration legislation and which has almost no terror-deterrent utility, as admitted by government officials.

 

    Chertoff has stated that the border wall will be beneficial to the environment because immigrants degrade the land with trash and human waste. I somehow cannot reconcile natural human movements with two eighteen-foot walls of solid concrete and vegetation cleared for visibility, mobility, and Border Patrol Access. Having just seen my first jaguarundi this past Saturday, I might be one of the last people to ever see them on American soil if this wall demolishes their ecosystem, along with that of Sonoran Pronghorns, ocelots, Sabal Palms, and many other native fauna and flora.

• What makes a law “red tape,” a thing to be cut and disregarded?
• What makes deterring immigration more important than preserving the rights of a nation of immigrants?
• Who is to decide that people on the border are less important than people in mid-America?
• Who decides that certain endangered animals are not worth saving, certain ecosystems dispensable, certain people undesirable, certain solutions nonnegotiable?

I cannot believe that Americans could be in support of such a foolhardy negation of so many laws, even if they are for a border wall. If “injustice anywhere is a threat to justice everywhere,” then these waivers of legislation serve as a chilling precedent of further lawlessness, much like parts of the Patriot Act. I beseech you to contact your Congressmen, since Congress authorized these waivers just today. I beg you to pray with me that Americans will come to their consciences and oppose these waivers. How we react to these waivers and the impending border wall in this cruel month will decide the legacy of our generation and our nation.

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.