What does May Day mean in 2009?

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As May Day 2009 fast approaches, it is important to look back at the original celebration and what it did and did not do.  On May 1, 2006, millions of immigrant workers left their jobs for an hour or a whole day to bring home the message that they are an integral part of American society.  In cities like Los Angeles, New York, Chicago, Houston, Tucson, and Portland, May 1 was an important day of immigrant empowerment and a powerful symbol of solidarity.  However, that same year, the immigration legislation failed to pass Congress and the Secure Fence Act was enacted.

For nonviolence to be an effective tool, it cannot be only a negative force.  It must be constructive as well. As Dr. King wrote, “True peace is not merely the absence of some negative force — tension, confusion or war; it is the presence of some positive force — justice, good will and brotherhood” (“Nonviolence and Racial Justice“).  For nonviolence to change hearts and minds, it must not only protest injustice but also present solutions.  Unlike the May Day celebrations of 2006, as well as the ones being planned for this year in countless cities across the United States, a much smaller but more determined group of people are actively engaged in a nonviolence which highlights the injustices inherent in our current immigration system but which also positively provide for real needs.

Founded in 2004 by Catholic bishop Gerald Kikanas, Presbyterian minister John Fife, and several leaders of the local Tucson Jewish community, No More Deaths has been dealing with the negative human effects resulting from Operation Gatekeeper.  The increased militarization of the border through deportation, detention, armed forces, and border wall construction have merely rerouted desperate human migration through the most dangerous portions of the desert.  The Pima County Medical Examiner’s office, for example, has reported 84 deaths annually between 2000 and 2005, up from 14 in the ’90s.  No More Deaths attempts to save border-crossing families by leaving out water in the desert and tending to the medical needs of injured crossers. [Wikipedia] According to their website, 50 individuals have died  attempting to enter Arizona.

No More Deaths operates under some basic faith-based principles:

• Recognize that the current Militarized Border Enforcement Strategy is a failed policy
• Address the status of undocumented persons currently living in the US
• Make family unity and reunification the cornerstone of the US immigration system
• Allow workers and their families to enter the US to live and work in a safe, legal, orderly, and humane manner through an Employment-Focused immigration program
• Recognize that root causes of migration lie in environmental, economic, and trade inequities^[4]

While No More Deaths meets the needs of immgirants, they are forbidden to aid them in crossing, but in times of dire emergency they are instructed to call an on-call medical expert and, if need be, transport the seriously injured immigrant to the local hospital.  On July 9, 2005, however, two No More Deaths volunteers were arrested by the Border Patrol for transporting three border-crossers to a nearby hospital.  Daniel Strauss and Shanti Sellz were accused transporting and conspiring to transport undocumented immigrants, both felonies under US law. If convicted, they would have faced 15 years in prison and/or $500,000 in fines.  After more than a year, Judge Collins dismissed the charges in September 2006, stating that these two volunteers had followed pre-approved protocol and that further litigation would violate their Due Process rights under the Fourteenth Amendment. [Wikipedia]

Currently, Dan Millis is appealing to the 9th Circuit to contest the Arizona ruling that he and other volunteers had littered by placing water jugs for migrants in the Buenos Aires National Wildlife Refuge.  Despite the five milk crates of trash the volunteers had picked up, they were issued citations by the US Fish & Wildlife Service officers.  Two days before, Millis had found the body of a 14-year-old girl who had died of exposure. As Dan Millis has said, ““We pick up trash, distribute food and water, and administer first aid to people who desperately need it. We are not criminals.” [Guntzel, Jeff Severens. Utne Reader]

As communities prepare for May Day 2009, it is important to stress real issues and practical solutions.  Obama has pledged that comprehensive immigration reform is on the table for 2009.  The DREAM Act is still a potentiality, as is the Border Security and Responsbility Act [HR 2076] sponsored by Rep. Grijalva last week.  Immigrants from Rochester to Brownsville need more than a token march or a one-day protest – campaign for real change by advocating locally and nationally for meaningful reform for immigrants.

Dia de los Muertos, Dia de los Vivos

On the Dia de los Muertos, just days before the Day of the Living (November 4^th), students from the University of Minnesota, Augsburg College, and Minneapolis Community & Technology College marched to remember the 1,954 border-crossing deaths the Border Patrol estimates occurred between 1998-2004. Those numbers continue to rise every year, with increased militarization and border barriers redirecting immigrants to more dangerous regions. (http://www.mndaily.com/2008/11/01/d%C3%AD-de-los-muertos-procession-honors-immigrant-deaths)

500 students marched in South Minneapolis as part of this event by Minnesota Immigrant Rights Action Coalition. Beginning at the Holy Rosary/Santo Rosario Catholic Church and finishing at El Milagro: The Miracle Lutheran Church, these protestors tried to publicize the fact that annual border crossing deaths have doubled in the ten years since 2005. As the participants read these names aloud, the air grew chill with the realization that our country’s policies are directly causing deaths.

Our new President-elect is inheriting an office faced with a teeming host of problems. American policies are causing deaths, both American and global, in far-reaching places like Iraq and Afghanistan and Somalia, but our legislation is also leading to deaths as close as Arizona, California, and Texas. Immigrants lured by employers and kept in a dependent work-relationship die every year, failing to get the health benefits and insurance they need. Hospitals like Saint Joseph’s in Phoenix repatriate about eight uninsured patients a month. While Vice-President Sister Margaret McBride said this is just a part of them trying to “be good stewards of the resources we have,” hospital El Centro Regional Medical Center in California refuses to forcefully deport immigrant patients. CEO David Green of that hospital said, “We don’t export patients. I can understand the frustrations of other hospitals, but the flip side is the human being element.” (http://www.nytimes.com/2008/11/09/us/09deport.html?_r=1&scp=1&sq=immigrant%20hospital&st=cse&oref=slogin)

Although healthcare is distant fourth on the upcoming President’s agenda and immigration a distant fifth or sixth, our lack of universal healthcare and lack of immigration reform creates a “perfect storm” which establishes bizarre incentives for hospitals to rid themselves of uninsured patients. Illegal immigrants are only partially covered by emergency Medicaid or, for the last few years at least, through the Medicare Modernization Act of 2003 (expired in October). Infants, even legal citizens like Elliott Bustamente who was born at University Medical Center in Tucson, are often ordered to be transferred to a Mexican hospital regardless of his heart defect or Down Syndrome. Dr. Stephen Larson, migrant health expert at the Hospital of the University of Pennsylvania, states that, “You’re given an out by there not being formal regulations. The question is whether or not litigation, or prosecution, catches up and hospitals start to be held liable.” Dr. Robert Margolin of the California Medical Association, confessed that, ““While we empathize with hospitals that must provide uncompensated care to undocumented immigrants, we overwhelmingly oppose the practice of repatriating patients without their consent.” (http://www.nytimes.com/2008/11/09/us/09deport.html?_r=1&scp=1&sq=immigrant%20hospital&st=cse&oref=slogin ). For hospitals that refuse to repatriate patients without their consent, though, this incurs prohibitive costs which are only partially covered by the State.

Hospitals are put between a rock and a hard place, when 12 million extralegal immigrants are not allowed to acquire employer-based or private insurance and our current healthcare system doesn’t pick up the costs. Being married to a hospital administrator and being the son of a healthcare executive, I uniquely understand the plight of hospitals as it gets harder and harder for them to survive financially. However, the forced repatriation of people based on racial profiling and lack of insurance certainly does not solve immigration issues nor does it adequately address the needs of hospitals. As President-elect Obama prepares to take the Oval Office, it is our duty as citizens to keep these issues in the forefront of his mind.