Students Experience Flawed Immigration System

On Friday, the Minnesota Daily ran an article about America’s flawed immigration system.  While it uses words like “illegal alien,” the thrust of the article is focused on the harsh realities of an immigration system which criminalizes children and families and which detains men and women for extended periods of time.  It was truly an honor to partner with groups like Las Americas and Texas Rio Grande Legal Aid, Diocesan Migrant and Refugee Services and Texas Civil Rights Project; please support them in their ongoing efforts to represent our nation’s most vulnerable community.

U students experience flawed immigration system

BY Alex Robinson
PUBLISHED: 01/22/2009

As immigration issues continue to frequent court rooms, political speeches and circles of public debate, about 70 first-year law students helped illegal immigrants work their way through the legal process during their winter break.

The law students, who were all members of the Asylum Law Project spent about a week scattered across the country volunteering with nonprofit legal aid organizations that specialize in assisting illegal immigrants.

The students filed briefs, met with clients and helped lawyers fight through their heavy caseloads.

Asylum Law Project President Jordan Shepherd volunteered in border town El Paso, Texas and said it was an invaluable experience.

“I was finally able to get my hands dirty in law,” Shepherd said. “It was a lot of people’s first opportunity to get actual legal experience.”

While the students enjoyed their first taste of legal work, they also witnessed glaring problems with the current immigration system.

“There are difficult things that lie ahead for [immigrants],” Shepherd said. “Immigration courts have their hands full.”

Problems in border town

First-year law student Matthew Webster also volunteered in El Paso and said that he met with many detainees who were being held in detention for unreasonably long time periods.

Webster said he met a man from Mexico who had been held at the immigration detention center for about 14 months and the man still did not know where he was going to be sent. He also said there were children detained in El Paso; the youngest he saw was only six months old.

“Most of the rhetoric focuses on crimes or laws but too often we forget these are people,” Webster said.

There are three centers that detain children in El Paso, and combined they can hold about 160 children, said Adriana Salcedo , a lawyer who worked with the law students in El Paso. In the summer they’re completely full.

Salcedo’s organization, Las Americas Immigrant Advocacy Center, located in El Paso, turns away clients every week because case loads are too heavy.

Illegal immigrants are not appointed an attorney because they are not U.S. citizens, Salcedo said.

If they cannot afford a lawyer and they are not lucky enough to get representation from a nonprofit organization, they are forced to explore their legal options on their own.

Salcedo said some detained illegal immigrants simply choose deportation instead trying to work through the legal system.

“They do not know what their legal rights are and they don’t recognize they have some sort of immigration relief,” Salcedo said.

Border fence controversy

University student Webster marched 125 miles along the Texas border last March to protest the 670-mile border fence which is currently under construction and is projected to cost about $1.6 billion.

Only days after Webster returned from his volunteer trip with the Asylum Law Project this January, the Texas Border Coalition asked the U.S. Supreme Court to hear its case, which claims the fence violates a variety of state and local laws.

Proponents of the border fence argue that it will reduce crime and drug trafficking by illegal immigrants, and many politicians voted in favor of it in the Senate in 2006, including President Barack Obama, Sen. John McCain and Secretary of State Hillary Clinton.

However, Chad Foster , chairman of TBC and mayor of Eagle Pass, Texas — another border town — said the fence is a waste of resources and will only slow much needed immigration reform. The fence is currently under construction in Eagle Pass.

According to Foster, border security and illegal immigration are not a border town problem, but rather a national problem.

“If you want to clean up undocumented immigrants you have to start within the Beltway because they are serving the Department of Homeland Security coffee,” Foster said.

Increasing the amount of border patrol and implementing more new technology to guard the border would be far more effective than a border fence, Foster said.

Foster said he has good relationships with some politicians in Mexico, and working with his neighbors to the south is far more productive than trying to fence them off and lock them out.

But proponents of the fence have given Foster plenty of heat for his stance on border security.

“I’ve been called a narcotraficante ,” he said. “People ask me if I’m an American.”

Amazing G(race)

In the movie Amazing Grace, William Wilberforce campaigns for decades trying to abolish the slave trade in Britain. After a lifetime’s work, he is finally successful when he legislates the Slave Trade Act of 1807 which requires all British ships to fly their colors at all times, even when delivering slaves to the Americas. When the British slave ships were prey to pirates, the profit was no longer there and the slave trade withered within two years.

Devastating incidents like Postville, IA, will continue in these United States as long as our nation’s borders are increasingly militarized, our citizens are more policed, and our businesses are not held accountable. If employers were made accountable, truly responsible for the lives and wellbeing of all their employees, they would cease recruiting and luring extralegal immigrants to come and remain within our borders without basic human rights.

Whatever your political leanings, President Bush’s 2004 speeches concerning Latinos and immigrants in general were truly inspiring. On one particular occasion, George W. Bush called the extralegal immigrants in the United States “Americans by choice.” Rather than demonizing or criminalizing them, like so many other political leaders, Bush seemed to be advocating for compassionate immigration reform, change which would restore dignity to the 12 million extralegals within the U.S. and give hope to all those praying for their names to turn up in the quota’s lottery.

Until we move away from a profit-driven market for extralegal workers and continue criminalizing human beings for migrating, we will continue reading headlines like the shocking one in Long Island this past week. Marcelo Lucero, after having lived in the United States for the past 16 yeasr after emigrating from Ecuador, was brutally beaten and stabbed to death on November 9. A mob of seven boys were picked up shortly afterwards, and they were quoted as having said, ““Let’s go find some Mexicans.” (NYTimes)

The Pew Hispanic Center states that 1 in 10 Latinos (legal and extralegal) report being questioned about their immigration status. Even though Minnesota has refused to allow local enforcement of federal immigration laws, effectively prohibiting local justice departments from asking about immigration status (MNAdvocates), the recent economic crisis has xenophobia aflame in the United States once more. As middle-class Americans feel the crunch, righteous indignation at seemingly untouchable “upper management” is being turned on the ultimate scapegoats, those people who have scant rights and little legitimacy in our society.

It is important to note that in times like this our nation is redefined. Throughout American history, our nation’s crises were opportunities for both positive reform and negative policy-making. From the ceding of civil rights under the guise of Patriotism to the institution of universalized welfare programs for the nation’s neediest, from progressive refugee policies to profiteering part-time worker arrangements like the Bracero Program, it in epochs like the current Economic Crisis of 2008 that America, and indeed the world itself, is re-imagined for better or worse. It is our duty to guide its refashioning into a place where all people have basic human dignity and are afforded rudimentary rights such as the right to migrate and to work without fear.

United States and Spain Square off on Amnesty

Visiting Spain with Rotary International, I was struck by the diametrically different way this country was constructed. In the United States, the basic premise is that if corporations and businesses succeed, then people will likewise be successful. As a result, corporations and big businesses get tax breaks with the idea that it will then trickle down to the general populace. Spain’s laws, however, are organized with a dipolar paradigm, that if people are satisfied then businesses will do well.

I traveled Spain with minimum insurance, knowing full well that if I were sick I would be treated for free because of their socialized health-care system. When asked about their country’s healthcare system and the resulting 50% taxes, every single Spaniard I met voiced the fact that this was the only fair way to do healthcare. Rich businessmen and down-and-out vagrants all said that it was only right to make sure everybody got their basic needs met, irregardless of their income.

Spanish legislation has taken this one step further by providing basic human rights and opportunities to all immigrants, whatever their legal status. Deportation doesn’t exist in Spain; instead, the emphasis is on integration. No country in the world has run more legalization programs than this European Union nation. Just a decade ago, a mere 2% of Spaniards were immigrants. That number has risen to nearly 10%. (New York Times, June 10, 2008)

The marvel is that Spain not only attracts immigrants but also provides for them and their family’s assimilation. Immigrants are provided free health insurance, and in the six legalization programs since 1985, all working immigrants were eligible to become legalized citizens. And the education system has been revamped to integrate these new immigrant families into Spanish society, even though two of the top five sending countries – Romania and Morocco – do not speak Castellano Spanish. ((New York Times, June 10, 2008)

Perhaps even more telling is the government’s rationale for these legalization programs. In the United States, Reagan was decried for his Immigration Reform and Control Act of 1986 because it provided amnesty to millions of extralegal working citizens. Syndicates and the general populace criticized Reagan by stating that amnesty only encourages more illegal immigration, although this has less to do with amnesty programs and more to do with overly restrictive quotas and demoralizing lottery systems. Spain’s reasons for their six legalization programs were, in part, to ensure that lawbreaking employers were not given a competitive edge. However, the major reason espoused by all government officials is social rather than economic. Jesús Caldera, who was labor minister during one of these legalization programs, stated in the New York Times yesterday that, “If you practice exclusion, you risk the future of your country. You risk terrorism, violence.”

From here in rural Minnesota, there is little I can do to actively oppose the border wall in la frontera, a border wall initially proposed to stop illegal immigration. But I can work to change public opinion, the prevailing nativist rhetoric, and ultimately the antiquated and criminalizing laws which produce illegal immigrants rather than facilitate legal migration. We all can.

Ourense or The Rivers once were Studded with Gold

Ourense is a city located in the northwest of Spain. When the Romans first came to Ourense, they were enchanted with its thermal springs and mesmerized by the gold in its streams.  After a time, the gold ran out, and the springs are not quite the attraction they once were during Pax Romana, but Ourense is a city thriving in its unique blend of highway modernity and byway Castellano.  I only wish the United States had an interpreter who could translate Catalan into an English that xenophobes and nativists alike could understand.

My fellow Rotarians and I were granted an honored audience at the State General Administration building with the Governor of Ourense and his Secretary and Administrator of Immigration. While being thoroughly diplomatic, the Governor still managed to come out with a position stronly opposed to the current status of immigration in the United States. The Governor was adamant that to control immigration it is necessary to focus on employers rather than the employees they lure into a Catch-22 status of legality. ¨Control the businesses,¨ he intoned with his administratorial voice, ¨and you will not have any illegal workers.¨ Such measures of strict policies against employers hiring extralegal immigrants would help cut down on the number of victims currently exploited by American businesses ranging from forestry to farming. Rather than victimizing or criminalizing extralegal residents, such measures would merely get rid of the illegal pull factor which still draws hundreds of thousands of workers into the U.S. annually.

Additionally, the Governor echoed some of my deepest sentiments towards immigration. He came out very strongly with the idea that it is human right to migrate, but it is the state´s necessity and responsbility to assimilate those immigrants so that they can fully participate and contribute to the country that lured them with its desirability in the first place.  Here in Spain, he said, immigrants have been crossing from Morocco and Africa since time immemorial, but Spain has also experienced a surge in Eastern European immigrants through its induction into the European Union (E.U.).  In the borderless E.U., Spain has worked very hard to keep its country distinct from France and Germany and Soviet bloc countries. All this positive integration starts in its nation´s schools.  One gets the general idea that Spain would frown on the United States´bilingual education.  As many teachers in such classrooms will attest, this seemingly compassionate education system actually hamstrings students from becoming truly bilingual, and often keeps them from being proficient in any one language.  The Governor would definitely be appalled to learn that some students arrive  in my freshman English class with insufficient writing skills after 8 years in a bilingual ESL system; he would say, and I would concur, that the State has failed that child and the family he/she represents.

 The conversation concluded with a lengthy discussion about the United State´s proposal of a 700-mile border wall on its southern frontier.  The Governor, his Secretary, the Administrator of Immigration, and all the Ourense attendants listened with rapt horror as I described the construction of a wall in California and Arizona and the impending border wall bound for south Texas unless the federal laws are changed or sufficiently challenged.  Just as Catalan is distinct from Spanish, so too was this American mindset for these dignitaries accustomed to the E.U.´s concept of borders.  The Governor stated outright that, ¨it is difficult to defend the borders without rigid barriers, but it is our responsibility to use sensitive negotiations and work for better solutions all the time.¨  In a country like Spain, with its porous borders and flexible entries, the government has developed ways of encouraging legal immigration and withholding incentives from persons who neglect to register for authorized documents.  The United States would do well to follow Spain´s example which, although far from perfect, is far more progressive and comprehensive than the outdated American system of rigid quotas and would-be walls. 

As the dialogue came to a close, the Governor made a confession.  ¨My grandparents were immigrants to three different countries.  In my province, I realize that this is a place, a nation purely of immigrants.¨  Smacking of John F. Kennedy´s optimistic idealism, I wish the Governor could discourse frankly with American officials regarding our stalled immigration reform.  Immigration, far from being an American dilemma, is an issue all countries face.  The greater a country, the greater its pull on immigrants and inevitably, the more it must deal delicately with issues of immigration legislation.  We must not shirk from these issues.  Beyond mere legislation, these issues are real lives.  Someday, ages and ages hence, some sojourner will come across old New York just as I came upon el centro antiguo in Ourense.  The way we deal with immigration in this generation will dictate what is written on the historical markers of Greenwich Village and what is inscribed beneath Emma Lazarus´s poem on the placard at the foot of the Statue of Liberty.