Posts Tagged ‘federal’

Arizona: Land of Snowbirds & Coyotes

December 16, 2008

At this time of year when many Midwesterners head down to the balmier climes of Arizona (like my own grandparents-in-law), it is important to think about this state which has the harshest immigration laws in the U.S.

While immigration enforcement has traditionally always been under the sole control of the federal government (and, in fact, is likely Constitutionally exclusive to the Federal Branch under the Dormant Commerce Clause of Article 1), Arizona has done its best to “help” the Department of Homeland Security. Joe Arpaio, self-proclaimed “America’s Toughest Sheriff,” man who makes his inmates wear pink underwear and sleep outside in tents year-round just to make their incarceration more retributive, is first and foremost a man who hates unauthorized immigrants. Contrary to state and national practice, Arpaio has arrested more than 7,000 extralegal immigrants a year because every single person the police question is asked their social security number and citizenship status. The Maricopa County police force partners with ICE (Immigration and Customs Enforcement), though they are only supposed to ask the citizenship status of prisoners arrested on other charges. While the ACLU reminds immigrants in border towns like Brownsville, Texas, that it is their civil right to refuse to answer such questions without their attorney, Arpaio has taken advantage of these immigrants’ lack of legal expertise, often using his technique to incarcerate passengers of speeding cars and jaywalking pedestrians. (Robbins, Ted. NPR)


Maricopa County Attorney Andrew Thomas has also seized on Sheriff Arpaio’s xenophobia. The Arizona state law, passed in 2005, made it a federal crime to be involved in human smuggling. While the statute was intended to protect extralegal immigrants from the dangers of border-crossing with coyotes, Thomas has used the law to convict some 200 immigrants of “smuggling conspiracy,” turning this law back on the people it was arguably designed to protect. (Kiefer, Michael. The Arizona Republic)

And so, when Governor Janet Napolitano replaces Michael Chertoff and is confirmed as Obama’s Secretary of Homeland Security, she will leave Arizona in the hands of men like Joe Arpaio, Andrew Thomas, and the rogue Minutemen taking vigilante justice into their hands on the southern border. Where Napolitano resisted most of Arizona’s more nativist and radical immigration legislation, her successor Jan Brewer is expected to be more deferential to these xenophobic influences (New York Times). Hopefully, Napolitano will be able to work a top-down shift in national immigration enforcement, cutting the 287(g) program that allows such dangerous collaboration with local officials like Arpaio on federal issues of immigration. Here’s hoping!

When the Many Find they are One

October 22, 2008

During the WWII era of 1942-46, between 200,000 and 300,000 manual laborers or braceros worked in the United States as farmhands and railroad workers standing in for the masses of young men sent overseas. When this Bracero Program ended and many returned to their homes in Mexico, few received the 10% of their wages deducted by the Mexican government, if they even knew about the deduction at all.

While this lawsuit faltered twice, both for whether it had exceeded the statute of limitations and whether a case against Mexico could be brought in the United States, it received preliminary approval to be heard before the Federal District Court in San Francisco this past Wednesday. The proposed settlement would grant each bracer with sufficient proof a $3500 check. Fewer than 50,000 will collect those checks, due to the anonymous, undocumented nature of much of this work, but for those few braceros nearing their ends, this money is more moral victory than subsistence. The New York Times article quotes Mr. Ibarra, a bracero currently living in Chicago, saying, this was a “victory of principles that allows me to be positive about continuing to live a little longer.” The United States has much cause to thank these willing workers who came and worked and went with little recognition and even less pay. Justice can be a long time coming. http://www.nytimes.com/2008/10/16/us/16settle.html?emc=tnt&tntemail1=y

Reportedly, Tom Brockaw regretted not asking candidates John McCain and Barack Obama not what they would do for the middle class, but what they would provide for the poor. In this season of grandstanding and lampooning for votes, it is easy to forget about the voiceless among us. Sometime between the immigration legislation discussions of 2006, both McCain and Obama have forgotten the 12 million extralegal immigrants awaiting some legislative opportunity or the countless millions lost in the lottery of our antiquated quota system.

As we speak, needless hostilities are burning between new Somali immigrants and “old” Latino immigrants in meatpacking and factory towns. When our nation focuses on the issues of the middle and upper class, the poor are left to bicker over crumbs of opportunity. Due to the nine raids in as many places since 2006 which have detained and/or deported some 2,000 immigrant workers, legal Somali refugees are being recruited and relocated to fill those positions. When they band together to campaign for 15-minute lenience to observe their Muslim prayer time, the oft-slighted other immigrant groups take offense. Mayor Ms. Hornady intimates that the Muslim hijabs suggest terrorism to her and the community of Grand Island, Nebraska. The immigrant groups in this town, the Mexican and South American, the Laotian and Sudanese and original German immigrants, all live in the constant fear that December of 2006 will strike again, that ICE will raid their meatpacking plant and freeze their small town for good. http://mail.google.com/mail/?ui=2&view=js&name=js&ver=KUM7s5FPF9I&am=X_E4pcT3aCGBXoYK6A

Although the New York Times article focuses on the differences and supposed animosities between these two immigrant groups, whose arrivals are separated by but a few years, what strikes me most is how similar these workers are. If only they could join together as one, in that Poor People’s March Dr. King envisioned, and say, “We will not live in fear anymore. What is good for one of us is good for us all. We are many, we are one.” I wish we all could say the same, that we would recognize the simple truth of Martin Luther King’s words, ““Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”