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.”

A Vote for Un-Americans

Standing in line at the tiny Oronoco City Hall, many locals had stickers or buttons representing a veteran for whom they were voting. Coming on the heels of the Day of the Dead, perhaps this is fitting top honor those who have died fighting for a cause they believed to be just.

Today, however, I voted for the un-American among us. Since Michelle Bachman uttered her inflammatory statement last month, I have been fixated on her classification of Obama and others as “un-American.” Smacking of McCarthyism, it is a bald assertion of nativism and xenophobia. When Bachman says she would like to form a committee to examine the un-American tendencies of elected officials, this is born of a deep-rooted belief that life is dualistic, that “they are either fer or agin’ us,” that people are either full-blooded “American” or outsiders merely positioned within our arbitrary geographic borders.

I voted for all those un-Americans, like my carpool mate who listens constantly to politics on the radio and knows more about the electoral college than most citizens, but is still unable to vote because the process of naturalization takes so long. I waited an hour to vote today for all those un-American high-school students of mine down in Brownsville, Texas, who are studying hard and hoping they win the lottery of the quota system before they graduate so they can attend the college they deserve. I wore my “I voted “ sticker all day for those 23 un-Americans from India who were arrested this past week in North Dakota after walking off their jobs with Signal International who they claim is human trafficking (Preston, Julia). I got my free “voter appreciation” Starbucks coffee for those Americans who were made to feel un-American, to fear the ballot boxes 40 years ago in the South and 40 minutes ago when an immigrant made the decision to stay away from the booth because of nativism.

According to a recent AP article, Barack Obama’s Aunt Zeituni Onyango was instructed to leave the country in 2004. In response to concerns that she was living in subsidized Boston housing, Massachusetts Republican Senator Robert L. Hedlund Jr. stated that he has tried to close this “massive, absurd loophole” which enables noncitizens or “un-Americans” the right to subsidized housing. (Boston Herald). Mudslinging Republican campaigns have seized on this chance to tarnish Obama’s image just before Election Day, implying that un-Americans are criminals deserving of deportation, ostracization, and that all people related to them are guilty of wrongdoing.

Un-Americans were often barred from education in Texas prior to the landmark Peter Schey case allowing all children to attend schools regardless of citizenship status. Un-Americans were brought to our country during WWII through the Bracero Program, kept un-American as they worked, and then “repatriated” willingly or not back to Mexico. Un-Americans sit in “processing centers” right now, waiting to hear the charges brought against them, wondering when they can get out and begin to earn a wage for their hungry families once more. Nearly 4 million un-Americans became Americans after the Emancipation Proclamation in 1863, thought it would be another 102 years before the 1965 Voting Rights Act would ensure literacy, citizenship, or poll-taxes would not keep them un-American on November 4.

A vote is never enough. If democracy is nothing more than a vote, then we are only a democratic nation but once a year. No, being a voice for the voiceless is democracy. Living and working for mutual benefits and universal principles are democracy. Opposing a wall between two neighbors, be it physical or spiritual, is democracy at its best. Realizing that there is no such thing as un-American, that all of us are only Americalmosts, that we are only as “American” as our actions towards others, that the word American surely was not meant to deny the rights and protections for some 12 million extralegal immigrants within our borders. Thinking back to this morning, as I filled in the bubbles representing people representing people, it is immediately evident that this morning’s action is necessary but wildly insufficient. If all men and women are inherently good, it is not so much the people we vote into office today that matter, but the people who hold these candidates to socially uplifting principles and prohibit them from morally devastating acts that count for the next four years. That is why I voted for the un-Americans.