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.

Burden of Action

“A BORDER WALL SEEMS TO VIOLATE a deep sense of identity most Americans cherish. We see ourselves as a nation of immigrants with our own goddess, the Statue of Liberty, a symbol so potent that dissident Chinese students fabricated a version of it in 1989 in Tiananmen Square as the visual representation of their yearning for freedom.”

(Bowden, Charles. “U.S.-Mexico Border: Our Wall.” National Geographic.)

    This past Tuesday, April 1, the United States Homeland Security Secretary waived 30 laws in order to expedite the controversial construction of a border wall. This has become a standard procedure with the Secure Fence Act ever since the passing of the REAL ID ACT which gives a non-elected government official the authority to waive an unlimited number of laws passed by elected officials. In Arizona, 19 different laws were waived in the construction of the wall, unbeknownst to most Americans.

    The same legal trickery occurred during the Civil Rights Movement. Often, local government officials would abuse their power, pitting an unjust law against the federal mandate of integration. During the Birmingham Boycott in 1963, for example, King served a seven-day sentence for violating a court injunction disallowing “parading, demonstrating, boycotting, trespassing and picketing.” It was here he would write his seminal work, “Letter from a Birminham Jail.” The sinister thing about the REAL ID ACT, though, is that it works in the reverse; no matter how good the local laws are or how necessary the environmental laws may be, the a single federal official is allowed to waive all laws without so much as a study.

    Where are we to go when the federal government seems to ignore our pleas for justice on the border and hope for immigrants? We must appeal to higher powers, and one overarching authority organization we must beseech is the United Nations. On March 8, the U.N. Committee on the Elimination of Racial Discrimination (CERD) openly critiqued the U.S. government’s human rights record and effectively tied the border wall to civil rights. In 1994, the United States ratified an international treaty to end racial discrimination, and in keeping with this treaty, the U.N. has urged the United States to:

• Protect non-citizens from being subjected to torture and abuse by means of transfer or rendition to foreign countries for torture;   

• Address the problem of violence against indigenous, minority and immigrant women, including migrant workers, and especially domestic workers; and
• Pass the Civil Rights Act of 2008 or similar legislation, and otherwise ensure the rights of minority and immigrant workers, including undocumented migrant workers, to effective protection and remedies when their employers have violated their human rights.

These three recommendations are key to a lasting solution to immigration and civil rights, whereas a wall is a devastating and divisive gesture which, at best, only treats a symptom not a system. Although Special Rapporteur on the Human Rights of Migrants Jorge Bustamente was denied access to Texas’s Hutto immigrant detention center (an internment camp which currently detains children and families), the United Nations still came out very strongly for the case of the immigrant within our borders.

    The ACLU was represented at the United Nation’s meeting in Geneva. Lisa Graybill, Legal Director for the Texas ACLU, stated that, “it has been made clear that the U.S.’s responses, especially with regard to the potential seizure of indigenous land for the construction of the wall and the conditioning of basic services on proof of immigration status are in direct violation of the treaty agreed to by the U.S. in 1994.” (http://www.aclutx.org/projects/article.php?aid=557&cid=31) As citizens of the United States and as residents of a global world, we must hold our government to this high standard if we truly wish to see the Beloved Community Dr. King envisioned. Chandra Bhatnagar, an ACLU staff attorney who recently visited Cameron Park to instruct Brownsville immigrants about their legal rights, challenged the United States government to “…match its soaring rhetoric on the importance of human rights globally with a renewed commitment to protecting the rights of vulnerable immigrants here at home.” We must overcome the destructive distraction of this border wall and return to the nonpartisan dialogue on comprehensive immigration reform which began in 2006. (http://www.aclutx.org/projects/article.php?aid=557&cid=31)

    And so, the people of these United States are left with the burden of action. The burden of action has fallen on us, because our elected officials have largely ignored their responsibility to apply the laws for which they voted and which we elected them to protect. The burden of action has fallen on us to remind our nation that it is a nation of people bound together by certain inalienable rights and protected by just legislation. The burden of action has been passed onto us; may we consider it a mantle of activism, a call to bring the morality, the economy, the environmental, the political, and the social aspects of immigration to light in lieu of the blight of a border wall. The burden of action is ours, but it is also an opportunity  – what will we choose to do about it?

Good Friday’s Implications

    In Matamoros, Mexico, on this Good Friday, the plaza is full of people watching the Via Crucis enacted before our very eyes. This passion play has been reenacted annually for well over a thousand years, yet it is still charged with emotion and meaning. A young man is beaten and hung to a wooden cross directly in front of the giant Catholic church, while centurions with over-sized helmets look on and a voice recants the Gospel narrative. Offstage, a woman cries in the heat of the day. In the crowd, everyone of us has forgotten our sunglasses, the glare off the tops of police cars, the smell of elotes and raspas nearby – all of us are focused on this ultimate story of redemption.

    I enter the cool of the church, my mind filled with memories of Easters past. The palpable memory of gumming the bread and swirling the grape juice around in my mouth, newly cognizant that these elements of the Communion represented the body and blood of a man 2,000 years ago. These memories from almost 20 years ago come back to me, just as I am sure memories came to Mary as she stood at the foot of the cross. My eyes adjust to the lighting within this cathedral. Mary is at the front of the church, head down in mourning for her son lofted up on the cross. I bow my head and am overcome with the feeling of hopelessness that must have swept over the disciples. What if this were the end? What if the kingdom of God ended on Friday and was never followed by that joyous Sunday?

    Tears drying on my sunburned cheeks, I sit in the plaza reading Why We Can’t Wait by Dr. King under a gazebo. Tamale vendors, shoe-shiners, whistling chiflado kids, men selling sweet dulces. As I read these words I have read before in a new context, I am struck by its perspective on Jesus’ death that Friday so long ago. King writes,

    Suddenly the truth was revealed that hate is a contagion; that it grows and spreads as a disease; that no society is so healthy that it can automatically maintain its immunity…The words of Jesus ‘Inasmuch as ye have done it unto one of the least of my brethren, ye have done it unto me’ were more than a figurative expression; they were a literal prophecy…We were all involved in the death of [this man]. We tolerated hate; we tolerated the sick stimulation of violence in all walks of life; and we tolerated the differential application of law, which said that a man’s life was sacred only if we agreed with his views…We mourned a man who had become the pride of the nation, but we grieved as well for ourselves because we knew we were sick.” (145)

Fresh meaning to this Gospel story I’ve read hundreds of times. In Jesus’ day, just as in our own, the poor and the stranger were being exploited by those in power. To the extent that people of faith tolerate this immoral profiting from the pain of others, we are condoning hate and the hurt of the least of these. If Jesus is present in the least of these, we must recognize his face in every stranger, legal or extralegal, every person, regardless of race. When we give into the fear and hate of our fellow man, the passion of Christ happens once more.

    The best definition of sin that I’ve ever heard is an “absence of God.” For those 3 days while Jesus lay entombed, the whole world was stuck in this negative peace without the very Son of God. In this Plaza Mayor, it occurs to me that the word for without in Spanish is sin. Without. Without.

It must be a sin that so many of these men and women around me here in this border town of close to 500,000 are without basic necessities and without hope of fair wages. Without.

It is surely sin that when these people come looking for a better life in the United States they are refused legal means, repeatedly denied family reunification, and queued in a quota system that can take from 10 years to never. Without.

It cannot be anything but a sin that 12-20 million U.S. residents live without papers, without protection of law, without insurance, without welfare, without legal protection, without basic human rights, without a means to earned citizenship. Without.

It is a shameful sin that so many bright students of mine look at a bleak future, unsure of whether they will have the right documents to attend the best universities in this country, schools they have earned the academic right to attend. Without.

May we all use these 3 days leading up to that blessed Resurrection Sunday to think of those around us who are “without.” As James 4:17 so clearly states, “Anyone, then, who knows the good he ought to do and doesn’t do it, sins.” If we know the good which needs to be done, if we see the calling of God in the strangers around us, if we recognize the face of Jesus in our neighbor and do nothing, our lives are sin- sin meaning, sin purpose, sin faith, sin love, sin the chance to bring the hope of Sunday to the “least of these,” or ourselves.