High Time for Social Uplift

If a local law enforcement agency incarcerated 81 innocent people for every 19 criminals it caught, we would say it was violating civil rights and was wildly inept. When that same jurisdiction continued to hold those innocent 81, sometimes for a year, the media would run an expose and the public would be crying out for resignations.

This scenario is currently being played out through America’s immigration strategy of massive deportation over the last 15 years. Last week the Pew Hispanic Center revealed that Latinos make up 40% of those sentences in federal courts in 2008 while comprising only 13% of the adult population. It went on to state that Latinos are 1/3 of federal prison inmates as of 2007. With our prisons facing massive overcrowding and public defender’s offices around the nation facing debilitating budget cuts, one would assume that this prison population was all dangerous felons, but in fact, 81% of them did nothing more than cross an imaginary line in a desert or overstay a student visa. (“Enforcement Gone Bad. New York Times)

Earlier this month, the nonpartisan Migration Policy Institute published findings that while the Department of Homeland Security’s budget went from $9 million in 2003 to $218 million last year, it ceased to arrest the undocumented felons and “terrorists” it was charged with capturing and instead shifted its focus to families, workers, children, women – none of whom had a previous record or anything besides an overstayed visa or lack of documentation. Of the 72,000 arrested through February 2008, 73% had no criminal record. (“Enforcement Gone Bad. New York Times)

As Homeland Security USA continues to run on ABC, the reality is that since 2006, DHS has shifted its focus to more “easily apprehended” targets. The raids on factories like Postville, Iowa, and on homes netted few criminals but a myriad of working families. Catchy names like “Operation Return to Sender” fail to mask the fact that while there were more than ½ million immigrants with removal orders in 2006, ICE raids honed in on families and workers rather than criminals and terrorists. According to the Migration Policy Institute’s report, internal directives in 2006 set quotas for operatives in the National Fugitive Operations Program but disbanded the standard that 75% of apprehended individuals be criminals. Fugitives with criminal records dropped to 9% of those captured, while immigrants without deportation orders increased to account for 40%. The 2006 directive sent by acting director John P. Torres raised each team’s goal to 1,000 a year, from 125. (Bernstein, Nina. “Target of Immigrant Raids Shifted”)

An author of the report, Yale Law Professor Michael Wishnie stated that random arrests of extralegal immigrants in such residential raids was “dramatically different from how ICE has sold this program to Congress,” not to mention the civil and human rights issues it raises where ICE agents enter private homes without consent and/or warrants. From New Haven to Brownsville, from Maricopa County to San Diego County, ICE abused its power by passing legislation in one form and then enforcing it in a completely different format. As she reviews the agency, Janet Napolitano must take this into account, realizing that our resources must be spent on legalizing our workforce and apprehending our criminals, and never the twain shall meet. (Bernstein, Nina. “Target of Immigrant Raids Shifted”)

DHS recently released statistics of the last decade’s deportations, and of the 2.2 million immigrants deported from 1997-2007, 108,000 of them were parents of legal American citizens. If these immigrants even had two children [a low estimate], then more than 200,000 children were affected. And if they took their children with them when they were removed, then essentially the United States was deporting two legal citizens for every undocumented one. Executive Director of the Center for Immigration Studies, Mark Krikorian, revealed a calloused, nativist sentiment when he responded, “Should those parents get off the hook just because their kids are put in a difficult position? Children often suffer because of the mistakes of their parents.” Mr. Krikorian seems to have a firm grasp on the Old Testament principle that Yahweh will punish “the children and their children for the sin of the fathers to the third and fourth generation” [Exodus 34:7], though he seems to have stopped his reading of the Torah just before 2 Chronicles 25:4 which repeals this vengeful promise [“Fathers shall not be put to death for their children, nor children put to death for their fathers; each is to die for his own sins.”] (Falcone, Michael. New York Times). Children are not acceptable collateral damage.

In the spirit of reform under the new administration, one would hope that high on Attorney General Eric Holder’s agenda would be reversing Mukasey’s January ruling that immigrants lack the Constitutional rights to effective representation as secured by the Due Process Clause and the 5^th and 14^th Amendments. Mukasey’s eleventh-hour statement overruled a twenty-year standard. Because immigration cases are civil cases rather than criminal, there is no requirement for representation [a single day in immigration court drives home the fact that this default to pro se representation is manifestly unfair for the majority of immigrants who cannot speak English yet]. (“Deportation and Due Process. New York Times)

In 2009, the United States stands as a country in an economic depression which is poring vast amounts of money into detaining its workforce, deporting its own citizens, and constructing a 700-mile during peacetime. As Dr. King warned, “A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.” It’s high time we renounced our declaration of war against the 12 million extralegal people within our borders and instead moved towards a nonpartisan, comprehensive immigration reform which affirms the humanity of all.

Nonviolent Refugee

This past week, the philosophy of nonviolence was compounded with a high-profile case of immigration. On Sept. 6, the Toronto Star ran an article about Peter Jemley, a 42-year-old Arabic linguist who is seeking refugee status from Canada. He is currently an American soldier who, after enlisting in 2005, recently discovered this last February that the United States sanctioned new rules on questioning terrorists. Jemley’s petition for refugee status forces Canada to comment on the actions of its southerly neighbor – is the U.S. engaging in torture tactics which constitute international war crimes?

While Canada has been quiet on this issue for the past year, Jemley’s refugee case will make the government issue an official statement as to whether waterboarding, sleep deprivation, intimidation, and humiliation are indeed devices of torture. Previous Iraq War refugee cases in Canada have centered on the legality of the ongoing military conflict; a dozen refugees are still awaiting word on their status as military deserters.

Jemley’s lawyer clearly described the international question his client’s case poses: “Nobody should associate themselves with torture or violations of the Geneva Conventions because if we start to wink at violations of the Geneva Conventions they’re no longer law, they’re just guidelines.”

The entire world will await the outcome of this refugee case. For adherents of nonviolence, this case provides the perfect context in which immigration could one day be used to facilitate change in a nation. If Jemley succeeds in his refugee petition, borders could potentially be opened enough that countries with aggressive war policies would suddenly find themselves without soldiers and nations which discriminate between races or classes or sexes might find an entire segment of their population emigrating. In a small way, the fate of this 42-year-old-father of two could be a beginning to a nonviolent alternative to war – refugee emigration.

Something there is that doesn’t love a Wall, Part 6

           Belfast once vied with Dublin for the heart of Ireland.  It was there the Titanic was constructed; it was here C.S. Lewis, the famous Christian apologist and novelist of the Chronicles of Narnia came into the world. 

            After the Troubles started in the 1960s, however, this important port in Northern Ireland took a drastic turn.  The already tense situation of British control of a predominantly Irish city burst into violence by terrorist groups of both sides, the IRA and the UVF.  Beginning in the early 1970s, the first “peace lines” or intra-city barriers were erected in Belfast.

            These walls have increased to more than 40 today, covering over 13 miles and segregating much of this once-thriving city.  Alternately built of steel, iron, and brick, these walls stretch up to 25-feet high and prohibit the movement of people from the Irish-Catholic parts of town to the British-Protestant sections.  Some are open during the day and closed at night; some are manned by police; all were intended to bring “peace” by segregating sectarian groups.  The most famous of these walls runs parallel to Shankill Road, a site of several terrorist attacks.  ( http://en.wikipedia.org/wiki/Belfast_Peace_Lines)

            Today, some of the tension has lessened since the Belfast or Good Friday Agreement.  The walls still stand, though, and they draw thousands of tourists a year.  The “peace lines” are still eerie and haunting, stark in the way they divvy up houses and roads, slicing their way through what must have once been a beautiful city.  Unlike the walls of houses, and even unlike the colorful propagandist murals peppering the city, these walls stand ominous and dark against the city skyline.

 

            While some may argue the walls saved a few lives over the years by separating the citizenry of Belfast and Northern Ireland, in reality it was always the cooperation of the people that staved off violence and determined such compromises and peace accords such as the Good Friday Agreement.  The walls had nothing to do with peace, serving instead to segregate people further, reinforce rifts between families, and replace real negotiations and co-habitation talks with solid, uncompromising walls.  It was only when the Irish and the British met without walls and were able to dialogue that any real progress was made in the line of peace.

 

            We in the United States have much to learn from the island of Eire across the Atlantic.  For as much as we hope to bring about “peace” and homeland security by erecting a 700-mile border wall on our southern border as per the Secure Fence Act of 2006, it will never be more than a negative peace. This negative peace, defined by Dr. King as an “absence of tension,” is also an absence of progress, a stultifying of cooperative relationships.  If we further open up the lines of communication with Canada and Mexico rather than erecting walls and militarizing our borders, perhaps the symptoms of extralegal immigration and terrorism will be able to be mutually solved in the Americas rather than in a bubble between Ottawa and Oaxaca.  God forbid that tourists should one day board Black Taxis in Texas, listening as the tour guide speaks about the failed “peace line” of yet another border wall of segregation.  

           

Something there is that doesn’t love a wall, Part 5

It would one day stretch 436 miles, and is over halfway completed already.  Supporters of this eight-meter-high barrier state that this is the only way to protect civilians from terroism, that it is a matter of national security and homeland security.  Opponents, however, argue that the wall is really a ploy to annex Palestinian lands in the name of the “war on terror,” that it violates international law, preempts status negotiations, and severely limits the lives of those Palestinians living on the border of the barrier. (http://en.wikipedia.org/wiki/Israeli_West_Bank_wall#cite_note-humanitarianinfo_Rprt05-37)

While The Jerusalem Post recently stated that the wall might not be finished until 2010, seven years behind schedule, thousands of Jordanians and Israelis are currently living behind the West Bank Barrier.  This wall has already gathered many names around its base, names which are all true and signify its different meanings on both sides.  Israelis alternatively refer to the wall as the “separation wall,” “security fence,” or “anti-terror fence,” intimating their trust and hope that the wall will provide all three of these ends.  Palestinians living just on the other side of this sixty-meter-wide seclusion area have dubbed the barrier the “racial segregation wall” or the “Apartheid Wall.”  A good friend of mine told me stories of those living on both sides of the wall and the daily hardships they faced trying to get to the other side for bread, milk, cheese, education. 

 

The Israeli government has stated that, “An absolute halt in terrorist activities has been noticed in the West Bank areas where the fence has been constructed,” though many experts claim that the increased number of Israeli intelligence operations against terrorist groups has actually precipitated the decrease in attacks.  The U.N.’s 2005 report states,

… it is difficult to overstate the humanitarian impact of the Barrier. The route inside the West Bank severs communities, people’s access to services, livelihoods and religious and cultural amenities. In addition, plans for the Barrier’s exact route and crossing points through it are often not fully revealed until days before construction commences. This has led to considerable anxiety amongst Palestinians about how their future lives will be impacted…The land between the Barrier and the Green Line constitutes some of the most fertile in the West Bank. It is currently the home for 49,400 West Bank Palestinians living in 38 villages and towns. (http://www.humanitarianinfo.org/opt/docs/UN/OCHA/OCHABarRprt05_Full.pdf, emphasis added)

Palestinians who have lived on this land for generations now must re-register if they are to remain in their homes and continue with life as they know it.  By May 2004, the fence construction had already destroyed over 100,000 Palestinian olive and citrus trees, 75 acres of greenhouses and more than 20 miles of irrigation. Many physicians and human rights groups such as Médecins du Monde, the Palestinian Red Crescent Society and Physicians for Human Rights-Israel, have all highlighted that the wall makes healthcare much harder for individuals living on the wrong side.  Upwards of 130,000 Palestinian children will be prevented from receiving immunizations, and more than 100,000 high-risk pregnancies will be re-routed away from nearby medical facilities in Israel.  Groups such as the Red Cross decry the wall as in violation of the Geneva Conventions, and groups like Amnesty International and Human Rights Watch take offense at the way the land was obtained and the routing of the wall through important population centers.  

 

In 2004, the World Council of Churches released a statement calling for Israel to halt and reverse construction of the wall and to begin to right their numerable human rights violations against Palestinians.  President Bush in 2003 said, ““I think the wall is a problem…It is very difficult to develop confidence between the Palestinians and Israel with a wall snaking through the West Bank.”  Bush reiterated this in 2005, months before the Secure Fence Act of 2006 was passed in his own country.

 

Residents on the North and South Banks of the Rio Grande are thinking the same thing on this July 21, 2008.  As the wall approaches its supposed ground-breaking this week, the men and women on both sides of the border tremble at its assured repercussions.  They must be looking at their patch of the river with renewed love for its water, its mesquite tree banks, its children diving from the mud-caked walls on either side, its fish, its serenity.  Residents on the North Bank are being offered paltry cheques form the federal government in the realm of $10-20,000, and although this may be the face value of these homes in some of the poorest parts of our nation, none of these people will be able to replace their home and their lives with a check the size of a used F-150.  Mexicans must be looking north where the wall is intended and then looking out to sea, where a hurricane is developing right now in the Gulf of Mexico; they must surely be wondering what a wall and levee in violation of international accords will do to their flood-level during the upcoming hurricane seasons.  The thousands of winter Texans, eco-tourists, struggling grapefruit farmers, AMFEL mechanics, maquilladora factory workers, migrant laborers, Border Patrol agents, coyotes, Americalmosts, English-as-a-Second-Language students, first-generation immigrants, multi-generational land grand families – all of them must be wondering now, as we all should, whether so-called preventitive measures in the name of national security can ever be justified in the light of so many certain drawbacks.  Should the wall go up in Hidalgo County this week, and should it spread its concrete tendrils up and down the Rio Grande, our entire nation will mourn the loss of land, Nature, livelihood and life that this 700-mile border wall already has come to represent in California and Arizona.   May the people of the West Bank pray five times a day for the Mexican-Americans on the North Bank, and may we Americans also work towards a wall without walls in Palestine and Israel as well as in our own land.