While the Obama administration did nominate the first Latino Supreme Court Justice [who was just confirmed today], they have been repulsing a lot of their immigrant and Latino advocates for helped them win the election last November. According to an article by Julia Preston in the New York Times, the administration’s decision to not only keep but also expand controversial Bush-era immigration enforcement measures has propelled several immigrant groups to begin a national movement to make them make good on campaign promises.
The Obama administration has initiated employee audits at more than 600 employers nationwide, expanded the E-Verify program, increased criminal prosecutions for immigrant violations [up over 30% since this time last year, according to a study by Transaction Records Access Clearinghouse], created a program that runs immigrant checks on everyone who enters a local jail in some cities, and extended the 287(g) program made infamous by Arizona Sheriff Joe Arpaio. Secretary Janet Napolitano, formerly governor of Arizona, stated that she wouldn’t call of immigration raids entirely, though they have subsided since Postville, Iowa, little more than a year ago. Napolitano said, “We will continue to enforce the law and to look for effective ways to do it.”
The problem lies in the fact that some of these programs are not “effective ways to do it.” Immigrant and business advocates have sued to stop E-Verify because of its woeful inaccuracies. While the program touts a .3% error rate for the 137,000 employers now enrolled. With 6.4 million queries, however, a .3% error rate still means that over 19,000 legal immigrants or citizens have received false denials so far in 2009.
Additionally, the seriously flawed 287(g) program that deputizes local police agencies to carry out federal legislation encourages civil rights violations, racial screening, and vigilante justice. Sheriff Joe Arpaio of Maricopa County, the self-titled “toughest sheriff in America,” is currently under investigation for his long laundry list of civil rights abuses, from parading prisoners through the streets in shackles, making prisoners wear pink underwear, feeding them green bologna, and racially profiling Latinos for “random” traffic stops.
While President Obama stated that immigration reform would be passed within the year, Napolitano’s actions with the Department of Homeland Security have been anything but. Perhaps it is political jiujutsu, designed to convince certain political affiliations that this administration will be hard on those who break the law and will not allow another 12 million undocumented immigrants to enter the country again. However, by not only maintaining but actually revamping failed immigration enforcement mechanisms, the administration is sending a very mixed message about what that “immigration reform” will resemble.
Meeting with Dr. “Steven” Ordog, the Hungarian Deputy Minister of Immigration, it was fascinating to hear him speak about his country’s reformation of their border patrol, their struggle with integration, and his hopes to make asylum issues more of an important subject in public discourse. [CAT Report]
When Hungary joined the E.U. in 2004, they began the process of dissembling their elite border patrol and transitioning this role to the regular police. In Hungary, as with many eastern European countries, the Border Patrol had been the crème de la crème, outfitted with the best technology, public acclaim, and pay. With their new permeable border, Hungary changed its border enforcement to the regular police, much to the dismay of those who had appreciated their power in these much sought-after positions. [For more information, visit: http://europa.eu/abc/european_countries/eu_members/hungary/index_en.htm]
As Dr. Ordog spoke of the problems with the Border Patrols’ treatment of some Somalis and other minorities, it was hauntingly close to home. In his country, these “protectors of the border” were trained to use whatever force necessary and sometimes abused this power, particularly against asylum-seekers. In Hungary, once asylum-seekers report their asylum claim to the office of immigration, they are protected until the resolution of that claim. Some members of the Hungarian Border Patrol, however, would patrol the grounds outside this office, picking up asylum-seekers mere meters away from the front door of safety. The Border Patrol praised such action for a time, as it considerably boosted their number of apprehensions and public image.
In the United States, the reverse is true creating similarly perverse incentives. If an asylum-seeker shows up at a border crossing or a port of entry and asks for asylum, that individual is whisked away to a detention center until their asylum petition is either granted or denied. This creates the incentive for asylum-seekers to enter the U.S. and keep their asylum petition secret until they have done the requisite research.
Dr. Ordog also spoke about Hungary’s struggle to integrate the Somali and Iraqi refugees in his country. Traditionally, these resettled refugees have viewed Hungary as a gateway country en route to Scandinavia or other European economies. As a result, integration services were minimal because these migrants were expected to leave soon.
Ordog worries that insufficient integration mechanisms for the growing number who have decided to stay could spell trouble for Hungary’s future. Hungary is still largely a native-born, white population, and minorities will undoubtedly struggle to get jobs, learn Hungarian, and find housing. Racial discrimination is rampant and not explicitly illegal. House showings can turn into racial profiling, and job interviews might turn into status quo screenings. Although the current number of immigrants to Hungary is scant, Ordog worries that they are ill-prepared for any increase in immigration
As Dr. Ordog spoke, the themes of integration, nativism, and fear of outsiders all rang loud and clear. Though America certainly deals with more immigrants annually, it is similarly confronted with the quality of its welcome.
“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.”)
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.
Smart Borders 