Migrants, Minors, and the Many Unintended Consequenses of Militarized Immigration Enforcement

A new Urban Institute report prepared by Minneapolis-based firm Dorsey & Whitney reported on America’s immigration policy’s effect on children. Entitled “Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy,” this comprehensive publication released last week highlights the 3.1 million American citizen children who are adversely affected by the increasingly militarized form of American immigration enforcement. Of the 900 immigrants arrested by 2008 ICE raids in Worthington (a December 2006 workplace raid of the Swift plant), Willmar and Austin, MN (sites of several home raids), for example, more than 500 children were affected, 2/3 of whom were legal American citizens.(“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

Estimates from the Urban Institute suggest that for every 2 adult immigrants detained 1 citizen child is affected. More than 1.9 million immigrants have been deported this decade, likely affecting almost 1 million citizen children in our nation’s Boys and Girls Clubs, high schools, soccer teams, cross-country meets, honor rolls, Dairy Queens, debate tournaments.

Despite the insatiable demand for lower-skilled immigrant workers, currently only 5,000 permanent visas are offered for lawful entry each year. Temporary work permits are similarly limited. Under current immigration law, moreover, citizen children under the age of 21 cannot petition for the lawful re-entry of a deported parent or the naturalization of their parents. Those parents will often be barred from any type of legal re-entry for 10 years (often longer than their children have been alive). Although nativist rhetoric often cries that these immigrants should wait in line, currently the line winds ‘round the world for a mere 5,000 spots.((“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

Furthermore, the Dorsey & Whitney report documents that ICE’s “knock and talk” searches are particularly harmful for children. Under pretextual excuses, ICE agents are permitted to enter the homes of suspected extralegals without a search warrant if the scared, often-confused, immigrant opens the door. In these raids, children have seen their parents harassed, racially profiled, interrogated on the living room couch, and sometimes led away in handcuffs. Or, worse yet, sometimes children have come home from school expecting an afternoon snack only to find their home abandoned in the wake of a raid.((“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

The report also touches on other questionable detention techniques, such as the practice of forum shopping (whereby an immigrant detained in the generally lenient 9th Circuit might be moved the next day to the immigrant-hostile 5th Circuit) or isolation (typically, detention centers are isolated with little contact from the outside world). Such techniques employed by ICE hamstring immigrants’ efforts to get effective legal representation, contact their distraught family members, or gather evidence of their legality or asylum claims. When immigrants under these conditions sign “voluntary removal” orders in hopes of seeing their families sooner, the legality of our immigration system is seriously called into question. (“Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy”)

Pointedly, the report makes several laudable recommendations including:

• Changing legislation to allow citizen children younger than 21 to petition for lawful re-entry of deported parents.

• That Congress grant immigration judges the discretion to consider the “best interests” of the citizen child in deportation and removal proceedings.

• The appointment of a guardian ad litem to protect and advocate for the interests of the child in all immigration proceedings.

• U.S. Immigration Customs and Enforcement develop guidelines for conducting home raids to ensure that enforcement actions are truly “targeted” and minimize the prospect of harm to children.

This past week, President Obama revealed that he plans to begin addressing our nation’s inadequate immigration system, including solutions for extralegal immigrant workers to become legal. While his statements were met by the usual tumult from NumbersUSA and FAIR (organizations identified as “hate groups” by the Southern Poverty Law Center but curiously referred to as “group[s] that favor[] reduced immigration” in the New York Times article). As Obama looks to make some positive changes in immigration laws which could have positive ramifications on our nation’s workforce and economy by legitimizing millions of people already working, his Secretary of the Department of Homeland Security Janet Napolitano must also seek to make some serious changes in the way undocumented immigrants and their legal children are treated. One great start to meeting both the needs of citizen children of immigrants and the international community would be to sign on to the Convention on the Rights of the Child.  This 1989 UN treaty has been signed on to by every country in the world but two – Somalia and the United States.  Article 10 of that convention has been a sticking point for the US in the past, but it would help solve the problems highlighted by the Dorsey & Whitney report.  It reads: “applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner.”  Hopefully in the not-too-distant future, we can join the rest of the world in protecting the rights of all children, immigrant and citizen.

Fear: The Bane of the Beloved Community

“There is another element that must be present in our struggle that then makes our resistance and nonviolence truly meaningful. That element is reconciliation. Our ultimate end must be the creation of the beloved community.” (Martin Luther King, 4/15/1960, Raleigh, NC)

41 years after his assassination, Martin Luther King’s dream of a fully integrated and reconciled society, his Beloved Community, still remains largely unfulfilled for the marginalized in America. Specifically, fear seems to reign in the lives of our nation’s most vulnerable group – immigrants are afraid to go to school, go to work, report crimes, visit anything but an Emergency Room. Immigrants, to a large extent, have been the object of laws designed to keep them segregated and silent and invisible.

Thursday’s joint subcommittee hearings brought national attention to the injustices inherent in the United State’s 287(g) program which deputizes local cops to become federal immigration enforcers. Sheriff Joe Arpaio from Maricopa County, Arizona, is a prime example of how certain jurisdictions are using this federal program to strike fear into the hearts of all immigrants. With his inhumane treatment of prisoners, his nativist focus on immigration enforcement over his other law enforcement duties, and his sensationalism and victimization of the immigrant community, both legal and not, Arpaio has succeeded in creating in Maricopa County (the fourth largest county in the U.S., with 4 million inhabitants) a community of distrust and fear. Maryland community advocate Antonio Ramirez, seconded by Rep. Conyers and others, testified at the subcommittee hearings on April 2, 2009, that the policies born of 287(g) lead to a drastic loss of trust and cooperation with authorities.  (Staff, Greg and Jackie Mahendra. America’s Voice)

Furthermore, Police Foundation President Hubert Williams stated that funding for this program takes away from money for smart community policing initiatives which are far more successful in preventing crime. In Sheriff Joe’s Maricopa County, for instance, Arpaio’ tactics seem to have backfired, with violent crime skyrocketing over 69% from 204-2007 (a statistic not echoed in nearby Phoenix or Mesa). When a large population of immigrants live in fear and are excluded from the Beloved Community, crime goes unreported and unchecked. (Bolick, Clint. “Mission Unaccomplished: The Misplaced Priorities of the Maricopa County Sheriff’s Office”)

The subcommittee hearings also brought to light the rampant racial profiling that has accompanied 287(g) programs across the country. UNC Chapel Hill Law School Professor Deborah Weissman highlighted the lack of sufficient training and the resulting civil rights abuses. Her recent report, “The Politics and Policies of Local Immigration Enforcement Laws,” illustrates that most “unwelcome” immigrants are stopped under the pretense of traffic violations; in Gaston County, NC, 83% of immigrants arrested by ICE had been cited first under a petty traffic violation.

Sadly, certain members of the subcommittee were insistent that 287(g) was marginally successful in the less than 5% of counties in which it is currently employed. It is hard to ascribe any motivation more flattering than unfettered xenophobia to such committee members. Rep. Steve King, a ranking member on the Immigration Subcommittee, questioned 19-year-old Julio Mora repeatedly about whether his father had taught him about rule of law (a.k.a. reporting undocumented immigrants). Mora, who had been detained and harassed because he’s Latino, responded eloquently, “My father taught me to respect everyone.” Rep. King and others seemed to intimate that racial profiling of American citizens was little more than an inconvenience or a slight embarrassment.

These joint subcommittee hearings’ decision on 287(g) is vitally important for creating a Beloved Community in the United States. Programs like 287(g) encourage fear, silence, and marginalization. The effects of this are chilling. Yesterday, a shooter opened fire on immigrants taking citizenship and language classes at an immigrant center in Binghamton, NY. 14 were found dead in the American Civic Association (an immigrant organization founded in 1939 and with support from United Way). The shooter, Jiverly Wong, is believed to have been a naturalized citizen who attended classes at ACA years before. While there are no clear answers and no explanations for such a tragedy, the fear 287(g) generates discourages crime reporting; we are left to speculate if this would have happened had Wong’s immigrant community felt empowered, rather than marginalized, by our nation’s laws.(CNN)

Similarly, Father Paul Ouderkirk gave a presentation at Pax Christi Church in Rochester, MN, on April 2. Much of his presentation focused on the fears in his community of Postville (where an ICE raid in May arrested 289 immigrants, closed the town’s largest employer, and crippled the town of 2400). Ouderkirk spoke of the psychological trauma felt by families after fathers were deported to Guatemala. He disparaged the fact that many women are still required to wear ankle bracelets. He discussed the fear of the citizen children, many of whom were terrified to return to school for fear that they would be arrested or they’d come home to find the rest of their family gone. (Valdez, Christina Killion. “Priests say Immigration Laws Need Reform.”)

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The ICE raid at Postville and 287(g) both serve to strike fear into our nation’s 12 million undocumented immigrants. Far from creating a Beloved Community, fear breeds distrust, un-cooperation, division, and hate. Additionally, this terror is not limited to extralegals in America; rather, it extends to most minorities. When Latinos are followed by police officers simply for looking Latino, fear reigns. When Somalis are interrogated at bus stops simply for being Muslim, fear reigns. When jaywalking Hmong citizens are detained because of their ethnicity, fear reigns. Our nation, our Beloved Community, demands comprehensive immigration reform to end the fear and begin an era of trust.

Please consider adding your name and voice to the letter going out to Chairman Conyers of the joint subcommittee. You can do so here.

In this Together

On January 23, Nashville 43% of Nashville voters voted in favor of a bill touted as being able to unite their city and save it money in these difficult economic times. Had it passed, this Tennessee city would have become the nation’s largest to enact such legislation. In 1780, John Adams proposed similar legislation to the Continental Congress, stating it would help to “purify, develop, and dictate usage of” English; his proposal was rejected as undemocratic. Still, some 30 states and a dozen cities have made English their official language, showing not only intolerance to immigrants and international travelers but also a Pollyanna longing for the bygone days before globalization. (Cousins, Juanita)  It is truly scary that only 57% of Nashville voters weighed in against this “English First” proposal. Mayor Karl Dean said, “The results of this special election reaffirms Nashville’s identity as a welcoming and friendly city, and our ability to come together as a community,” but the nation’s largest Kurdish community must have felt more than a little terrified that the vote had been so close. If the economy continues on its downward trend and politicians look to scapegoat, immigrant communities around the States may be faced with similar nativist proposals. (Cousins, Juanita)

Already, immigrants and refugees throughout the nation are struggling to make ends meet. Always the most vulnerable community in any country, refugees arrive in the United States with about $450 of federal aid and a little temporary financial help from private agencies for 3 months. After that, they are on their own. While Nashville proposed English First legislation to help that city’s budget, Utah is answering the cries of low-income families in a different way. Beginning this month, Utah will provide recently arrived families rent subsidies for a period of 2 years. The money, drawn from unspent federal welfare reserves, will mean a world of difference for refugees living with the heat off this winter. Utah will disburse this money through refugee aid organizations like International Rescue Committee and Catholic Community Services. Utah’s compassionate new legislation will mean a world of difference for 1,000 new refugees each year, but for the other 59,000 the United States accepted last year, 2009 looks bleak. (Eckholm, Erik)

An editorial in the New York Times yesterday detailed the horrors xenophobia and its self-defeating nature. According to the article, the American Cause spoke at the National Press Club in Washington, declaring that the GOP’s November defeats were due to Republicans being too soft on immigrants, rather than too harsh. The author points out anti-amnesty and anti-immigrant thinking like this cost House and Senate seats in 2006 and 2008. Xenophobes like Lou Barletta of Hazleton, PA, or former congressman J.D. Hayworth of Arizona both lost due to their harsh stance toward immigrants and diversity. (New York Times) After Latinos’ huge showing in the polls this past election, this author correctly states that any political party which bases its success on the exclusion of immigrants risks deserved irrelevance.

Historically, nativist groups have flourished in troubled times. The Know-Nothings came to power in the 1840s and 1850s on a platform of anti-Catholic and anti-immigrant policies. Their rise to power coincided with the disintegration of the 2-party system, the increasing resistance to slavery, and the influx of Irish immigrants. Similarly, the revival of the Klu Klux Klan in 1915 coincided with the Great Migration of Africa-Americans and low-income whites from the South to the North, as well as a large number of immigrants from southern and Eastern Europe. The influence of this anti-minority, nativist organization eventually faded, but not before Calvin Coolidge signed the Immigration Act of 1924 which limited immigrants based on their national origin (severely restricting Asian and Eastern European immigration). (http://www.historicaldocuments.com/ImmigrationActof1924.htm)

This latest economic situation could instigate the same. However, it also could be a time when the United States grows closer together, seeking to integrate the immigrants within its borders and to become a nation that lives up to its moral responsibility toward refugees. As bank accounts shrink and jobs disappear over the coming months, we must be vigilant to ensure that no one is scapegoated. We are truly all in this thing together.

* Editor’s Note: Monday night’s edition of “The O’Reilly Factor” declared war on the New York Times because of the editorial mentioned in this article.  Pointedly, Bill O’Reilly took offense at the editorial’s mention of his statement that the Times wanted “…to break down the white, Christian, male power structure, which you’re a part, and so am I, and they want to bring in millions of foreign nationals to basically break down the structure that we have.”  Hurrah for such an article, Editorial Director Andrew Rosenthal.

People of Faith United For Immigrants- American Friends Service Committee

   

    In a week that witnessed Hillary Clinton stating, “We need smart borders…I will listen to the people of the Valley and make sure that we secure the border but don’t divide people from their families …” while simultaneously making the international hand gesture for wall, immigration and border security is most definitely back in the nation’s political eye. For some, including myself, it has become the issue of this Presidential race. When Obama and Clinton’s policies look all too similar, if one of them moved to retract the vote they made in support of the wall, a huge shift in support could result, especially in the nation’s minority votes.

    With all this at the forefront of the nation’s thinking, the American Friends Service Committee (AFSC) begins its annual meeting. This time, however, it is not meeting in the wintry climes of Philadelphia, but rather in the beautiful San Juan Cathedral here in the Rio Grande Valley where Clinton and Obama are making stops themselves. The AFSC is meeting here en la frontera to be able to actively engage immigration reform at its vanguard. Immigration is a focus of this service-oriented organization.

    The AFSC has long been integrally involved in issues of civil rights. Their involvement, encouragement, and enabling of Martin Luther King helped him and his significant movement. The AFSC paid for his pilgrimage to India. They first published his “Letter from a Birmingham Jail.” And when the time came, the AFSC nominated Dr. King for the Nobel Peace Prize in 1964, which he won.

    And so it is with great welcome that all social activists, and in particular those citizens concerned with issues of citizenship and immigration, welcome the AFSC to our Rio Grande Valley. We urge you to remain mindful of the, “Principles for Comprehensive Immigration Reform in the United States,” an excellent document published in May 2006 which affirms the humanity of immigration laws.

 

Undocumented immigrants pay taxes, and contribute to the economic, social, and cultural development of their communities in countless ways. A legalization program would recognize the equity undocumented people have built through their participation in U.S. society and acknowledge the inherent injustice of the secrecy, vulnerability, and exploitation imposed on undocumented women, men and children.

— AFSC Board of Directors, June 23, 2001

The work of the American Friends Service Committee (AFSC) in immigrant communities is based on our belief in the worth and inherent dignity of every person. As an expression of this commitment, we have consistently expressed support for undocumented immigrants. AFSC has repeatedly called on the U.S. government to grant permanent residency to all undocumented men, women and children. We thus believe that actions leading to comprehensive immigration reform should reflect the following components:

1. Respect for the civil rights and all human rights of immigrants;

2. Inclusive and coordinated measures that support immigration status adjustment for undocumented workers;

3. Support for the distinctly important and valuable role of family ties by supporting the reunification of immigrant families in a way that equally respects heterosexual and same-sex relationships;

4. Humane policies that protect workers and their labor and employment rights;

5. Measures that reduce backlogs that delay the ability of immigrants to become U.S. permanent residents and full participants in the life of the nation and of their communities;

6. The removal of quotas and other barriers that impede or prolong the process for the adjustment of immigration status;

7. Guarantees that no federal programs, means-tested or otherwise, will be permitted to single out immigrants for exclusion;

8. Demilitarization of the U.S. border and respect and protection of the region’s quality of life.

9. “Free trade” agreements like NAFTA and CAFTA have had a detrimental impact on sending countries from the global South, provoking significant increases in migration. Such international economic policies should be consistent with human rights, fair trade, and sustainable approaches to the environment and economic development.

Immigration Realities: An AFSC Perspective

The growth of undocumented migration is a worldwide phenomenon. Although many people are propelled into migration for political and other reasons, labor migration clearly accounts for the greatest part of the migrant stream. In this sense, the growth of a transnational labor force is a structural feature of increasing global economic integration. U.S. policies that are intended to deter undocumented migration have failed entirely to achieve this objective, while increasing the violation of human rights, as well as aggravating anti-immigrant prejudice and hate violence.

In addition, punitive measures such as increased surveillance and patrols at the border, raids on homes and workplaces, and detaining and deporting undocumented people do not address the underlying reasons that people migrate. Those measures create fear and polarization during a time when we should be creating hope and peace in our communities.

One stark indication of this failure is that hundreds of migrants die each year trying to cross the Mexican-U.S. border in increasingly dangerous circumstances. U.S. communities that lie along the border with Mexico live a reality that is essentially different from the rest of the country. U.S. immigration policy has transformed the region into a militarized zone where the U.S.

Constitution and international law are applied only selectively. Efforts to secure the southern border have had dire human consequences, from the ever-increasing tally of migrant deaths to the systemic violation of the civil and human rights of border crosser’s and border communities.

Because border enforcement is a reality that these communities will continue to face, it is essential that any debate that focuses on increasing the security of the U.S.-Mexico border be based on a strong commitment to accountability and human rights, including civil rights. It is essential that the perspectives of those who live in border communities be included in such a debate.

AFSC calls upon the U.S. Congress to consider that its policies, laws, and regulations on immigration will affect the rest of the world negatively or positively, especially our neighbors to the South. Remittances from migrant workers in the United States and other rich countries contribute more to the economies of their countries of origin than all forms of development assistance, by approximately 50 percent yearly. For many of the world’s poor, economic integration through remittances is the only form of economic globalization with a positive impact on their living standards. Sooner or later, comprehensive immigration reform will need to be carried out not just unilaterally, but multilaterally, in concert with the needs and interests of other countries that send migrants or refugees to the United States and whose cultures, peoples, and economic prospects are thereby bound up with the citizens and residents of this country. <http://www.afsc.org/immigrants-rights/PrinciplesforImmigrationReform_en.htm>

Once again, the AFSC highlights the human aspect of a topic which all too many people debate coldly, stiffly, politically. Their advocation of smart borders makes sense both for the world and for the person. In reading this excellent document, I am reminded of a late-night coffee-table talk with longtime activist and Friend Domingo Gonzalez. He pointed out that, “In taking the train from New Jersey to Philadelphia, you cross more ethnic and racial boundaries than at any border crossing. If only we could make our borders like those of our cities’.” Hopefully this weekend, the AFSC can discuss more ways in which our nation can be made to take real steps towards making this world a collection of city-states where migrants need not fear imaginary lines. And hopefully, they will add both their prayers and their endorsement to the No Border Wall Walk as it attempts to re-open the issue of immigration via the border wall. If everyone in the Valley says the same thing at the same time, how powerful a message we could send! Maybe all the way to Washington, maybe all the way to India…