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.

El Paso del Mundo

Las Americas Asylum Law Project

El Paso is closer to Los Angeles than Houston, closer to three other state capitals than its own, 12 hours from Brownsville, Texas.  It is part New Mexico, part Tejano, part Mexico, part Wild West, all frontera.  With a population of 700,000 and separated from a 1.5 million city by a tiny rivulet called the Rio Grande, El Paso melds with Juarez in culture, language, music, food, and la gente.

11 University of Minnesota Law School students arrived in El Paso, Texas, on Sunday, January 4. We came as part of the Asylum Law Project to volunteer with nonprofit groups such as Texas Rio Grande Legal Aid, Diocesan Migrant and Refugee Services, Paso del Norte Civil Rights Project, and Las Americas Advocacy Center.  We came to volunteer, but as always, we assuredly will gain more than we give.

Our first day in El Paso, we attended immigration court and saw the inside of a client interview room.  The immigration court was informal, the judge joking about Burn after Reading and giving informal history lessons about Ellis Island.  The hardest cases were the pro-se ones, where we had to watch a 19-year-old boy with oversized clothes sit silently in front of the judge as he was told he had to wait for the LA judge to reopen his case.  Beside him, a Korean man was whispering prayer upon prayer, eyes closed.  Inside the interview room, the circle chairs and the square table were stainless steel.  A woman from El Salvador had been transported from San Francisco to Los Angeles to Arizona to Houston to El Paso.  Her son was watching her younger children and attending Stanford, and this meeting was to gather some last-minute details so that she could apply for a change of venue.  The steel room was empty and echoed, her small voice enunciated each word of Spanish thoughtfully and deliberately.

That same day, we were told by numerous attorneys and well-meaning citizens not to venture across the bridge to Juarez.  Granted there were more than 1,600 murders in Juarez in 2008 and a group of hueros would generally attract a lot of attention; however, it is that same sort of terror that has depressed the economy on both sides of the river and has lent credence to the drug dealers and thugs like the Zetas.  It is that same fear that led Congress to pass the Secure Fence Act of 2006, the same fear that drives Bill O’Reilly’s ratings, the same fear that enables shows like ABC’s “Homeland Security USA” to exist.  As we crossed the El Paso del Norte Bridge and were greeted by the smell of tacos al pastor and the sight of cheap meds and fast surgeries, none of us felt threatened.  Even as we walked by the federales with their automatic rifles and teenage faces, it was impossible to see much of a difference between one side of the river and the other.  We watched Texas beat Ohio State for the Fiesta Bowl as we sat in the Yankees bar, across the centro from the Kentucky Bar where Marilyn Monroe bought drinks for everyone the day she divorced Arthur Miller.  Both sides of this river are hopelessly interconnected.

We are staying in the Gardner Hotel/El Paso International Hostel, a hotel from the 1920s that has hosted John Dillinger and Cormac McCarthy. An old PacBell phone booth stands sentry at the doorway, and an old-time telephone switchboard stands next to the check-in booth.  With its high ceilings and transoms, old charm and new faces daily, many languages and few rules, this hostel is as good a metaphor for El Paso and Juarez as one can imagine.

Tonight we visited Casa Anunciacion, an immigrant safe house.  Dreamed up by 5 Christian men more than 30 years ago, this organization operates in the historically most impoverished portion of El Paso.  It serves as a home for immigrants, whether for one night or for 8 months.  Families, abused women, single teens, mothers and babies, fathers – the house is full to the brim with immigrants seeking shelter and a change.  This particular night Juan Carlos cooked dinner for all 55 tenants and all 11 of us.  We sat next to immigrants from Guatemala and Sinaloa, El Salvador and Lebanon, Juarez, and Honduras.  After dinner, I washed dishes alongside Federico as everyone worked together to clean the facilities.  Although the house was raided by ICE several years ago, it still continues to offer hope to many seeking a better job and life.

The border towns of El Paso and Juarez serve as a microcosm of worldwide immigration patterns.  When goods are freely transportable in a globalizing world, it only stands to reason that people will desire to move freely legally or not.  Border lines are human conventions, and as one looks at the picnic cloth of stars between the Sierra Madre and Rocky Mountains that is El Paso/Juarez at night, it is impossible to see where one ends and the other begins.  Perhaps that would just be a perfunctory exercise anyway.

The ABC of Agriprocessors

Nearly seven months after their Postville processing plant was raided by Immigration Customs and Enforcement (ICE), Agriprocessors pled not guilty on all charges Friday, December 5, 2008. Their lawyer, who phoned in to make the plea, did not mention the plight of the 389 unauthorized immigrants or their families (http://www.desmoinesregister.com/article/20081205/NEWS/81205033). He didn’t highlight the fact that these hard workers were steered into cattle barns and misled to believe that if they admitted all charges against them the process would somehow be easier and more lenient. Agriprocessors’ attorney didn’t mention their Nebraska plant that closed down or the Chapter 11 bankruptcy the company filed on November 4 to “reinvigorate the company,” according to their bankruptcy lawyer Kevin Nash. (Preston, Julia. New York Times)

The saddest aspect of Agriprocessors’ court proceedings is that they are being tried for the wrong crimes. Agriprocessors will face a jury trial on January 20 on the charges of “harboring and aiding undocumented workers, document fraud, identity theft and bank fraud.” (http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=7&a=374130) They are not awaiting judgment for their notorious safety violations, underpayment of their immigrant workers, and mandatory unpaid overtime, all of which community members like Rev. Paul Oderkirk of Saint Bridget’s Catholic Church had been decrying for years. They are on trial for “aiding” unauthorized” workers that they intentionally recruited and then kept illegal so as to have a docile, underpaid workforce. They are on trial for helping immigrants rather than for the fact that they worked to keep their workforce illegal because unauthorized workers can’t unionize or lobby for better conditions. They are being prosecuted to the full extent of the law for helping immigrants but not even being chastised for filling the deported immigrants’ positions with Latino workers scooped out of Texas homeless shelters this past June (http://immigrationmexicanamerican.blogspot.com/2008/06/breaking-news-agriprocessors.html).  This kosher meatpacking plant that boasted revenues of $300 million will not be sitting before the jury for its criminal hourly wages or its exploitation of the most vulnerable community within our borders. No, they are on trial for “harboring and aiding undocumented workers.”

It is deeply saddening that immigrants are criminalized so deeply in this country that everyone associated with them becomes guilty by association rather than by exploitation. When people are made criminal by unjust laws, the worst crime imaginable is aiding and abetting them. Harking back to the Alien and Sedition Acts of 1798 which were repealed just a few years later in the infancy of our nation, these laws are even more shameful in that they prosecute rather than protect the most vulnerable, unrepresented sector of American society, the 12 million extralegal immigrant workers living within our borders with little chance of effectively working toward citizenship.

14 days before Agriprocessors’ jury trial, ABC will be airing its new reality television show “Homeland Security USA.” This new series which profits off the often-fatal journey of immigrants through the most dangerous parts of desert borderland seems perfectly congruous with Agriprocessors’ charges of harboring and aiding extralegal immigrants (Stelter, Brian. New York Times). Something is fundamentally flawed in the United States when we are entertained by the criminalization, hunting, and deportation of people whose only crime is the desire for work and enough money for their family. Both ABC and Agriprocessors’ board of directors share this understanding and have figured out ways to profit from others’ painful, life-threatening choice to seek work in America.