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.
Every year for decades, migrant families have boarded up their houses, told friends to check their mail, taken final exams a few weeks early, packed up their cars, and headed north to weed, tend, harvest, and process the foods we buy in the produce section of our local grocery stores. Many families pay for the journey with their income tax return, arriving with scant assets and little more than a hope of a good growing season. Migrant workers fall into one of three categories. Some are recruited by a corporate employer, such as a processing or canning company. They receive written contracts, sometimes are granted free housing in a labor camp, and are guaranteed work. Others have a longstanding relationship with a particular farmer. While the agreement might not be oral, some of these relationships extend back to a handshake between grandfathers. This form of migrant work is more tenuous, however, than the corporate employer, as it hinges on good weather – if a drought or infestation should occur, the migrants could be 2000 miles from home with no money and no work. Finally, some migrant families head North with only a hope of work – no contract, no contact, no housing, no plan other than to find a farm and pitch their services.
Migrant farmworkers are not immigrants; instead, they are either legal visitors with temporary work permits, legal permanent residents or citizens migrating internally within the United States.
This summer looks to be a difficult one for migrant families. Fargo remains inundated after the Red River flooding, and is months behind its agricultural calendar. Other areas of the country are struggling with drought or other natural difficulties. More importantly, however, is the economic depression. Farmers that once employed workers are either hiring less or none at all, in hopes of saving even just a few dollars. Some farmers are using more pesticides or herbicides this year, in order to save money on paying migrant workers to weed or tend the rows. Other farms have filed bankruptcy. Many farmers that have hired migrant workers for decades have called to tell them they will not be needing their services this year.
While the migrant families working for corporate employers or specific farmers will surely find this year a difficult one, the workers who just leave their hometowns in the Rio Grand Valley for the possibility of work in the Midwest could face a devastating summer. Unable to find work and with little resources to return home, they will be easy prey for less-than-ethical employers. (Druley, Laurel. “Life on the Bottom Rung: No Place for Migrants”)
This summer, I will be working with the Migrant Farmworkers unit of Southern Minnesota Regional Legal Services, Inc. Under my supervisor Ana Maria Gomez-Gomez, I will primarily be working in Rochester, Owatonna, Plainview, and Elysian, though I will be covering cases in Dakota, Steele, Olmsted, Le Seur, and Waseca counties. My work will focus on assisting migrant farmworkers with their adjustment to life in Minnesota, with any housing claims, employment wage claims, immigration questions, and any other legal questions that come up in the course of the summer.
I so look forward to working with migrant families from the Rio Grande Valley as they make their temporary homes here in southeastern Minnesota. Having made that same journey myself, from Brownsville, TX, to Rochester, MN, I hope to be able to offer them some meaningful support and aid. I wonder if any of the students to whom I gave early exams will be coming up with their families this season… Regardless, I hope to be able to help them get at least a minimum wage, secure decent housing, receive their security deposits at the end of the summer (something I have yet to ever receive myself), work in safe conditions, receive any public benefits to which they are entitled and require, renew or apply for new immigration status, and generally become adjusted to a new community. It’s going to be a busy summer, but certainly one filled with meaning.
My work with SMRLS this summer comes at a dynamic time in immigration law, with Obama pledging to make progress towards comprehensive immigration reform in his first year of presidency. It comes less than a month after the first anniversary of the first large-scale ICE raid in Postville, IA, just a few hours south of here. The work begins in a time when local law enforcement officers through 287(g) are attempting to enforce federal immigration laws in many of our nation’s cities and towns, resulting in racial profiling, arbitrary searches and arrests, and a terrified immigrant community unwilling to cooperate with the law enforcement they need and that needs them. (Moffett, Dan. “Cops aren’t Border Patrol”). My role as Summer Advocate with SMRLS also comes at a time when Ms. Sonia Sotomayor, a Latina woman from the Bronx, has been put forth as Obama’s candidate to replace Justice Souter on the Supreme Court. It also comes at a time that xenophobic individuals are seeking to place the blame of Wall Street on immigrants who don’t even own a bank account, when states and municipalities are balancing their budgets by cutting public welfare and other services to the indigent (in New York state, for example, elderly, disabled and blind legal residents will now get half of what they had previously received after the ruling in Khrapunskiy v. Robert Doar). But, my summer advocate role also coincides with bipartisan legislation like AgJobs, a bill supported by both the National Cattlemen’s Beef Association and Farmworker Justice which seeks to relieve labor shortages while securing rights for migrant workers and discouraging agriculture’s exploitation of unauthorized workers (purportedly some 75% of the workforce by some estimates). (“Farms and Immigrants.” New York Times).
As I scan the cucumbers, corn, sugar, beets, potatoes, onions, asparagus, garlic, peppers, and tomatoes, I think of the migrant families making the drive to Minnesota and other states in the Midwest right now. I look forward to learning from them and advocating for them, starting next week.
Smart Borders 