Integration- The Ongoing Immigration Reform

As school budgets dry up and the immigration debate remains tabled for the moment, immigrants are often left without the resources needed to integrate into American society. A long article in the New York Times this past week highlighted some schools in the Northeast that are struggling to overcome the isolationism of immigrant students, but this is an issue in every state in the U.S. Without an effective English-as-a-Second-Language program and a school that actively works to engage immigrant students with the entire student body, these new Americans often feel isolated, discriminated, separate. Currently more than 5.1 million students are ESL or ELL learners – 1 in 10 of all students enrolled in public schools- a number which has increased by 60% from 1995 to 2005. (Thomspon, Ginger. “Where Education and Assimilation Collide”)

Some of the immigration influx is from Mexico’s downturned economy in the 1980s and early 1990s, as well as the Mexican baby boom that followed on the heels of the American one. But this only explains a portion of the immigration phenomenon in the United States in 2009. Our immigrant population is growing more and more diverse, with refugees coming from Somalia, Sudan, eastern Europe, Central America, south Asia. Our workforce is now made up of new Americans from India and China, Liberia and Guinea, Iraq and Laos.

ESL teacher Ms. Cain explained the current situation succinctly. “I used to tell my students that they had to stay in school, because eventually the laws would change, they would become citizens of this country, and they needed their diplomas so they could make something of themselves as Americans. I don’t tell them that anymore. Now I tell them they need to get their diplomas because an education will help them no matter what side of the border they’re on.” As the Obama administration nears its two-month mark, immigrant advocates and international families are growing worried that some of his campaign promises might get overshadowed by the economic times, that comprehensive immigration reform might get side-staged by stimulus checks, although immigration reform arguably promises a more sustainable and enduring change for our economy. (Thomspon, Ginger. “Where Education and Assimilation Collide”)

One of the groups who could use some comprehensive immigration reform is Liberian-Americans. If their temporary protected status [TPS] is not renewed by President Obama, they could be deported beginning March 31. President Bush extended TPS in 2007 to this group of 3600 refugees who fled Liberia two decades ago during a grisly civil war. Here in Minnesota, nearly 1,000 of the 3600 Liberians who call Minneapolis “home” could be deported in March, sent back to a country that held elections in 2006 but is far from stable. Many of these families have lived in the U.S. for almost 20 years and are active members in the community and local economy. Rep. Keith Ellison, D-Minn., previously introduced legislation that would provide Liberians with an opportunity to apply for permanent residency, but it has not been passed yet. Therefore, it’s up to President Obama to ensure that these refugees are not only permitted to stay in the U.S. until their country is repaired but also extend to them the hand of permanent residency, an act that would greatly aid in this community’s integration into American life. (http://www.startribune.com/opinion/editorials/41056182.html?elr=KArksc8P:Pc:UthPacyPE7iUiD3aPc:_Yyc:aULPQL7PQLanchO7DiUr)

Similarly, some 30,000 Haitian immigrants face deportation in the coming months, despite the fact that their country, the poorest in the Western Hemisphere, is ill-equipped to handle such an influx. Already short on water, food, housing and natural resources since the tropical storms last summer, some say such deportations could tax the tiny country beyond what it can handle. Despite appeals from the Haitian government to stay such deportations, the Department of Homeland Security has stated it intends to continue deporting undocumented Haitian immigrants. (Thompson, Ginger. http://www.nytimes.com/2009/03/04/us/04brfs-HAITIANDEPOR_BRF.html?emc=tnt&tntemail1=y)

Recent news highlights our failure to adequately integrate certain immigrant groups into our nation. This past week, several Somali leaders from Minneapolis testified at a Senate Homeland Security Meeting in Washington, DC. The meeting’s purpose was to probe the mysterious disappearance of several Somali youths over the past few months, including one Shirwa Ahmed who was a suicide bomber in Somalia. Osman Ahmed, president of the Riverside Plaza Tenants Association, and Abdirahman Mukhtar, youth program manager at the Brian Coyle Community Center both testified at the DHS meeting. The concern arises from the alleged recruiting of Al-Shabaab — meaning “the youth” or “young guys” in Arabic – which has been able to attract some disaffected, un-integrated, jobless youth in the Somali community. With more than 200,000 Somalis living in the United States, Al-Shabaab poses a problem; however, it is paled in comparison to a failed integration and immigration system which creates such easy prey for extremist groups. While homeland security demands we investigate such terrorist recruiting claims, it is vital we do not forget that empty hands are very easily formed into closed fists. (Star Tribune)

Our government has not totally forgotten this root tenet of community integration. Congress recently passed Consolidated Security, Disaster Assistance and Continuing Appropriations Act of 2009 (Public Law 110-329), creating the Fiscal Year 2009 Citizenship Grant Program.  Awarding approximately $1.2 million of federal funding in the form of $100,000 individual awards, this grant program is aimed to support citizenship programs for legal permanent residents (LPRs). When LPRs make the shift from residents to citizens, everyone wins. The naturalized citizens gain the right to vote and receive benefits; our communities gain involved members and a greater constituency; and our nation integrates one more immigrant family. This grant for community-based organizations will do more than facilitate ESL classes, civics review sessions, and N-400 applications – it will serve to more fully involve and integrate denizens into American life. We can all hope to see more initiatives like this through the Obama administration. (USCIS)

Silence of Good People

In the nation’s fifth-largest city, more than 200 men were humiliatingly marched past video cameras to a tent-city where they will await deportation. Maricopa County Sheriff Joe Arpaio, “star” of a Fox reality television show, was simply continuing his long abuse of power in cruelly and unusually punishing prisoners in his jail system. While he makes convicted offenders wear pink underwear and has been cited as serving green bologna to prisoners, he has particularly situated himself as “hard on immigration,” teaming up with the federal policing program 287(g) which partners the U.S. government with local law enforcement. (Garcia, Carlos)

In theory, federal-state cooperation makes the whole system work better. However, local law enforcement officials in 287(g) are given little guidance and engage primarily in basic racial profiling, which results in a myriad of pretextual traffic stops, “jaywalking” violations, and general harassment of Latinos in Phoenix and other like communities throughout the United States. (New York Times)

As new Secretary of Homeland Security (and former Arizona governor) Janet Napolitano seeks to reform the broken Immigration and Customs Enforcement (ICE) Department, surely Arpaio should be high on her list. Napolitano’s investigations into the 287(g) should probe into the abuses, both local and federal, and seek to craft an alternative which doesn’t criminalize people based on race or appearance.

On March 7, the 44^th anniversary of the famous Bloody Sunday March from Selma to Montgomery which so galvanized the civil rights movement, a march will be held in Phoenix to protest the civil rights abuses perpetrated by Joe Arpaio. While this march’s purpose states it wants Arpaio sent to jail, more generally it will be a march against 287(g) and all the abuses it has invited. Dr. King had Bull Connor; America’s immigrants have Sheriff Arpaio. (Garrido, Jon. Hispanic News)

This past week, as California Border Patrol officers accused their superiors of setting quotas for apprehended immigrants, we must all question our current immigration system which permits and perpetuates such abuses. The Migration Institute recently revealed a chilling report that ICE shifted its goals from apprehending “the most dangerous” undocumented immigrants to deporting anyone – women, children, factory workers – anyone to highlight the agency’s success (Garcia, Carlos). In changing their role from Homeland Security to Heartland Insecurity, our immigration system has struck fear in the hearts of families and terrorized immigrants both legal and otherwise. It is vital we note that America’s immigration issues are bigger than Sheriff Joe Arpaio, larger than ICE, and deeper than the flawed quota system – at its heart, our current immigration system reflects the complicit silence of America. As Dr. King wrote in his “Letter from a Birmingham Jail,” We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people.” He goes on to write, though, that “Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co workers with God.” This chance is there for all of us in this 21^st century civil rights issue in the United States.

Children caught up in an Unresponsive Laws

Stepping through the door of this nondescript building which houses young immigrant children awaiting their court dates, I am struck by its diametrically different feel. Whereas the purpose of adult detention centers (euphemistically called “processing centers”) is to keep those inside from getting out, the intent of these children’s homes is to protect children and keep people from getting in. Some of these children are government informants against human traffickers, and others owe thousands of dollars to smugglers who exploited them and their families. Additionally, these children are the most vulnerable people within our borders today – it is good to see the government realize that and do their best to ensure their safety.

Only 5 children were present at the Lutheran Social Services (LSS) children’s home when we arrived at 10:00. These children were going through picture dictionaries, the staff offering them one-on-one assistance as they try to teach some basic literacy during their short stays (averaging 36 days). The other children were on a tour of the Immigration Court in the El Paso Federal Building downtown. LSS makes it a point to introduce the kids to the court room and Judge Hough, so they’re not terrified when they are called to respond to the government’s pleadings against them.

Most of these 5-12 year-old kids leave LSS after 36 days, usually because they are reunified with some family or sponsor. Some are deported prior to that, however. All these kids are placed in temporary foster homes, where they are welcomed into loving Spanish-speaking homes. The foster parents even go so far as to stop serving the traditional Chihuahua fare of tortillas de harina for corn tortillas.

Even after kids are reunified, however, they can still be deported. It is hard to think of children like this being sent back to Guatemala or El Salvador. It is even harder to think of them coming up by themselves, with an aunt, with a younger brother.

LSS does a good job by these kids, and they are excitedly awaiting the time in a few weeks when they can finally move into a bigger facility. There are no signs on the outside of this small building, but they do manage to evaluate children’s academic levels and send progress reports home. The children don’t seem to mind the cramped quarters at all. When we say Adios to the children at LSS, all of us wish them this in its truest sense.

Since children were banned from being detained with adults and their care was transferred from DHS (which contains ICE, the department which has enthusiastically raided workplaces, patrolled streets, and hunted immigrants down the last few years) to human services, these children’s care has improved tremendously. Rather than the drab walls of a prison cell, they are allowed to decorate the walls with their schoolwork and drawings. Instead of waiting impatiently, educational services have been provided to these children so that their detainment time isn’t totally wasted.

After visiting LSS on Friday, Sister Phyllis then took us to Canutillo to visit the Southwest Key children’s home there. This facility got its name because it attempts to be a key in the Southwest to a better life for immigrant children. The Canutillo establishment is much bigger, with capacity for 94, and their children are from 13-17. One of the saddest days in the home is an 18^th birthday; on that day, the child is transferred from this warm welcoming environment to the adult detention center down the road.

Since Reno v. Flores established some basic guidelines for the detainment of children (such as their right not just to liberty but also custody), facilities like Southwest Keys have risen to the challenge to nurture the lives of these children for as long as they’re in the United States. The site offers English literacy and math classes, but it also offers some highly-popular vocational classes. I have never seen a cake decorated as nice as the penguin cake the kids decorated just last month, and the murals on every wall in the building showcase that these kids have true talent.

Additionally, this facility has on-site counselors and social workers, to ensure that all their needs are met. Some children come in with chemical dependency, or horror stories from their home country or their long journey north. The staff was incredible at welcoming the children and helping them begin to heal. Looking at them, I am reminded of my own high-school students. Only a paper distinguishes these kids from any others.

Louie, the executive director, finished our tour by reminding us that with the increased militarization of the US border policy, along with the violence of the escalating drug wars in Latin America, more and more kids are stranded in Juarez without access to such facilities as LSS and Southwest Keys. My heart goes out, realizing that a half-mile away kids are wandering the streets wondering about their family back home (if they have any) and hoping for a new life just on the other side of the river. I pray they may find a home somewhere.

How do you Communicate your Love for a Foreign Land?

This past Monday was the deadline for braceros to file for money owed them from the government of Mexico. During the Bracero Program, Mexico was given money for each bracero, but few received this money when they repatriated.  Between 1942-46, 250,000 braceros invested money into this automatic deduction program.  The Border Farmworkers Center/Centro de Trabajadores Fronterizos in El Paso participated in the Bracero Program, helping to register some 100,000 Mexican farmworkers eligible for the program. Eight years ago, six migrant farmworkers sued Wells Fargo, the US and Mexican government in a US federal district court.  While not admitting they did anything wrong, the Mexican government set up a $14.5 million fund to reimbures qualified braceros with up to $3,500. (El Paso Times)

As evidenced by El Paso’s commitment to registering braceros, they are a largely an immigrant-friendly city.  The Mexican Consulate in El Paso vaccinated over 600 Mexican immigrants in 2008.  Additionally, the Consulate has offered a free clinic to many immigrants afraid to go hospitals for fear of being reported.

Other groups in El Paso also reach out to a community too often voiceless and without rights.  Casa Anunciacion, an immigrant safe house which houses and feeds immigrants as they seek to integrate into American life, look for a job, try to relocate a spouse, or any other host of reasons that causes someone to endure hardships in order to migrate to a new land.  The house is a haven for women affected by spousal abuse, who have to wait upwards of a year before receiving relief thru VAWA (Violence Against Women Act).  It’s also a haven for teen mothers, or unacompanied children, or new arrivals, or recently jobless immigrants.  (Latin American Herald Tribune)

It is strange for me to live on the border again.  It feels like home in some ways, full of the life generated by so much diversity and interchange between such large nations.  It feels like a return to form to be working with immigrants one step over the Rio Grande and one step towards citizenship. I’m flooded with memories of  Brownsville, of the tight-knit immigrant communities all along la frontera, of the machismo but also the deep faith, of the fascination with futbol and the foreignness of the downtown markets.

It is also weird for me to return with people unacquainted with la vida en la frontera.  I vaguely remember when my ears perked up at hearing Spanish in the grocery store or when Mexican license plates were second nature. I recall when I thought border life was boring, that nothing was going on because I couldn’t read about much of it in the paper or online. Still, it frustrates me that I cannot fluently communicate my appreciation for the border to a group of Minnesota students, many of whom have traveled the world and are surely bound for great things.  I feel an ambassador of the border, and perhaps I am, but I don’t know if I have been able to make them passionate for it as I am.

Maybe it is a slow process.  Maybe my law-school friends see it in the faces of detained children anxiously awaiting the outcome of their asylum application. Maybe they recognize the grave injustice in a quota system that makes immigrants wait a decade to come legally to the United States.  Perhaps they see the dusty mesquite mountains in a new light after working with an asylum applicant who has been moved from New York to Houston, from Minnesota to El Paso, from Arizona to Harlingen.  Maybe they will read stories about immigrants differently now that they can associate names with faces instead of numbers.  Maybe…

Brownsville in Washington

Despite legislation like the 2006 Secure Fence Act, the Rio Grande Valley might now have a voice in Washington.  Dr. Juliet Garcia, the first Latino president of a four-year university, was just tapped as one of the key members in Obama’s Presidential transition team. (http://www.brownsvilleherald.com/news/garcia_91496___article.html/obama_president.html)

Prior to November 5, University of Texas at Brownsville (UTB) President Garcia had been in the headlines for resisting the federal government. For months, Juliet Garcia had refused to compromise with the Department of Homeland Security (DHS), who wanted to survey and conduct pre-construction practices for a border wall on UTB property.  Reports from the Environmental Impact Statement (EIS) stated that the wall could be 18-feet high and consist of two thick concrete barriers. Unlike public institutions like Hidalgo County, which compromised with a levee-wall arrangement with DHS this past spring, (http://www.brownsvilleherald.com/news/border_85925___article.html/fence_security.html) Garcia refused even to allow government agents entrance to the university property.  By July 31, 2008, Garcia and DHS agreed to a compromise, wherein UTB would repair a chain-link fence on its property while DHS would bypass UTB property along the Rio Grande.  Garcia envisioned the fence with, “bougainvillea and vine growing all over it” (http://www.brownsvilleherald.com/news/utb_88804___article.html/fence_tsc.html). Either way, it was a partial victory for the entire border region in that at least one party successfully resisted the U.S. government’s efforts to forcefully acquire land and construct a border wall along the Rio Grande.

Obama’s choice of Garcia could suggest a host of possible reasonings. It could have been his successful visit to Brownsville February 29, when he participated in the annual Sombrero Fest during the international twin-sister celebration of Charro Days. (http://www.brownsvilleherald.com/articles/obama_84848___article.html/president_festival.html) Perhaps he got a good taste of the Rio Grande Valley, of this borderland he and McCain and Clinton all voted to build a wall through in 2006.  Perhaps he saw the community, the people, the Tejano music, rancheros, corridos, tamales, elotes, the friendly smiles across the transnational bridges, the grapefruit hanging heavy in the orchards, the happiness and the peaceful coexistence of two countries in a place traditionally framed as a point of friction but in reality is a land of cohesion.  Perhaps he plans to cease the Secure Fence Act of 2006 when he takes office in January, in exchange for true immigration reform which can yield lasting results.  The Valley, the US, and the entire world watching the construction of a border wall between two countries at peace can celebrate Garcia’s appointment to Obama’s transistion team.

Castle Clinton, Then and Now

Last week, I heard the best compliment about the United States. Two LLM international law students from Ghana were talking about their lasting impressions of the United States and the University of Minnesota Law School, respectively. Unlike Europe, they both said, no one in the U.S. has ever asked them when they were going to leave.

This could be written off as merely overblown American pride. But it could also be the expression of something much deeper, much more important. Perhaps Brihan and Peter have never been asked about their exit because it is assumed they are here to stay and succeed, like so many other immigrants before them. And although the melting pot is a flawed metaphor, the beauty is that everyone is accepted because everyone is assumed to be striving for the same acceptance, same success, the same happiness.

Yesterday I found myself at Castle Clinton in Battery Park of New York City. Standing inside the circular battlements first designed to ward of the British in the War of 1812, I thought of the new welcome people receive coming to our shores. Since the World Trade Center towers fell just a few blocks from here, America has doubled its Border Patrol agents, tripled its budget, and is spending millions deporting some 250,000 extralegal immigrants every year (http://visalawcanada.blogspot.com/2008/10/interesting-perspective-on-canada-us.html). Lines lengthen on our northern border and nativism heightens on our southern boundary in the form of a border wall. Gone are the orange cones between Vermont and Canada which once designated the border and represented our mutual trust.

In 2001, Tom Ridge was instrumental in passing the Smart Accords, border security measures which simultaneously attempted to curb criminal activity on the border while expediting legitimate economic activity. The idea was to “manage risk” by submitting questionable vehicles to lengthy inspection while speeding daily commuters through on their weekday drive from Detroit to Windsor. Canada even went so far as offering the United States a section of Canadian ground for pre-clearance facilities, to cut down on border wait times. The U.S. government, however, pushed for full sovereignty on Canadian soil, and so this Smart Accords measure has stalled.

Our nation’s economic recession changes nothing in the way of its pull for immigrants. While Americans may feel that the “economic crisis” is being borne hardest by us, this is simply not the truth. Any look at international exchange rates or foreign papers will show the fear and downward plunge of foreign markets. No, this change in economy will not solve our immigration problems any more than a wall will. As Cardinal Roger Mahony of Los Angeles has stated, our country has posted both “Help Wanted” and “No Trespassing” signs – only one of which it is possible for us to change immediately (Heyer, Kristin http://www.americamagazine.org/content/article.cfm?article_id=11117). With hate crimes against Hispanics on the rise 25% since 2004, it is clear that the xenophobia behind the protectionist anti-immigrant sentiments is alive and well. May we learn to welcome the stranger among us.

It is clear that our current frenzy of border security measures has only rerouted undocumented immigration into more dangerous, tougher-to-enforce areas. While apprehensions in San Diego dropped by two-thirds from 1994-2000, the deaths have skied to more than 1,000 since the turn of the century(in contrast, 300 people died attempting to cross the Berlin Wall throughout its entire 28 years of operation). http://www.economist.com/displaystory.cfm?story_id=12332971)

As I turn around, taking in Castle Clinton and the unique view of Ellis Island from its stone archway, I think of the 8 million immigrants who came here before it closed its doors in 1890. My ancestors received basic healthcare exams and a brief orientation within these walls before they were set loose on the Pennsylvania coal mines.

New York is a microcosm of American immigration. Walking its streets once again, I am struck by how seamlessly ambassadors from a veritable league of nations pass each other on the busy avenues. In a quiet Midtown café this morning, the barista saw pesos in my hand as I scrambled to make change. “Could I have that to add to my collection?” And in a simple transaction at a café counter between a Minnesota law student and a Kansas-New Yorker, I am reminded how welcoming and curious we Americans truly are. Hopefully our immigrant policies will reflect that in the next presidency.

The Unilateral Contract for Immigrants

Nate was sitting in a bar a week after an innocent woman was killed by a repeat offender who had gone untracked for an indefinite amount of time. He was sitting in a bar across from a well-known member of the Justice Department of the State of Minnesota. As a Target Public Relations Executive, he says, the problem was piercingly clear. “Man, you’ve got an inventory-tracking problem.”

As a result of this casual evening encounter, the statewide “Suspense File” of criminals with aliases or uncertain whereabouts has dwindled from well over 30,000 to under a couple hundred. Bringing together township, local, and regional governments under the statute 299C.111, this information is finally being efficiently shared and these precincts are realizing their part in the larger community.  Nate brings up this anecdote as proof of the power of benevolent self-interest. “Self-interest is the only sustainable source of benevolence or volunteering. Your goal must be to broaden people’s sense of self-interest to include those around them, their community, their workplace.”

This idea of community is core to the idea of nonviolence. The philosophy of nonviolence only has credence if, as Dr. King said, “we are caught up in an inescapable network of mutuality, tied in a single garment of destiny.” As our communities grow and change, as immigration changes the face of Americans, and as globalization destroys the traditional view of bordered states or bounded communities, this expansive self-interest must cultivate a healthy respect and active work to improve the plight of those near and far.

Nate points out that while politics is the business of solving problems (and so protects itself by never eliminating those problems completely), public policy is the art of dilemma management. Dilemmas, or unsolvable problems, are the realities of life, but it is our duty and responsibility to mitigate the effects of those dilemmas. We will never end poverty, but we can continually work to mitigate the effects of poverty in our Beloved Community.

As Nate preaches an interdisciplinary mode of approaching problems, our nation’s immigration system and its needed reform ring in my mind. Essentially, immigrants have always come to the United States on implied unilateral contracts. Our media and our economy have always lured hard-workers hoping to better themselves and contribute to the American Dream. Since the Alien & Sedition Act of 1798 and the first nation-specific discrimination via the 1882 Chinese Exclusion Act, our nation has been unjustly enriched on the backs of immigrants. Notwithstanding remittances and return migration, immigrants have always contributed more to our economy than they have taken. Despite what popular bombastic talk-show rhetoric may repeat, immigrant populations traditionally work harder than native residents and will generally integrate as much as they are allowed by that nation’s institutions.

For the more than 12 million extralegal immigrants contributing to America right now, they labor without hope of compensation. Since the failed immigration reform bills in 2006, nothing has been forwarded to offer a path to citizenship for hard-working immigrants who are performing everything we expect of citizens. At what point does an extralegal resident earn the right to an American driver’s license or a Social Security Card? How long must someone work 80 hours a week to provide for their family before they are given the chance to naturalize?

If our great nation were to adopt immigration policies more akin to a unilateral contract, then so many immigrants’ good faith demonstrations of citizenship would finally be awarded with the meager promise of the bottom rung in American society. But at least it would be a starting point, an entry level to all the rights and protections of our Constitution and legal system, something more than 12 million people live without as Americans in all but documentation.

As civilization moves forward and borders get more confused, nationalities become more arbitrary, and human capital becomes even more mobile, the nonviolent concept of benevolent self-interest must begin to inform our policies, laws, and community standards. I hope I live to see the day when there are no undocumented and unprotected workers in the U.S., that everyone here would have some legal status and all would be somewhere on the continuum of achieving full citizenship.

Headed to Spain

This coming Monday, April 28, the Defenders of Wildlife will be hosting a “Congressional Field Hearing on the Border Wall and the Department of Homeland Security’s Abuse of Power” at UT-Brownsville.  The community event is a vital step in uniting environmental groups and community members in the open nonviolent opposition to the violence of a border wall in South Texas.

Regrettably, I will not be able to attend this meeting.  By Monday, I will be in the Basque region of northern Spain, researching second-language education programs and immigration systems in the developed country with one of the most liberal immigration policies in the world.  I will be thousands of miles removed from the present situation of the REAL ID Act and the Secure Fence Act of 2006.  The civil disobedience training scheduled for mid-May, as well as many community events organized to call for a moratorium on the border wall – all of these events will go on in the month I am away from la frontera. 

But, in some ways I will be traveling closer to the solution.  Spain is a country who has confronted issues of immigration in a constructive, positive fashion.  Rather than entertaining the idea of a border wall to solve or salve its immigration issues, Spain has chosen to view people as assets, be they from Morocco or Romania or Bosnia.  I look forward to learning how these people are assimilated, how they are granted real opportunities to participate fully in Spanish society, and how they are guaranted the rights of all citizens. 

Since the Secure Fence Act of 2006 was born out of aborted bipartisan immigration discussions, real immigration reform is at the heart of any alternative to an atrocious 700-mile border barrier between the U.S. and Mexico.  The individuals throughout south Texas who plan to engage in trained civil disobedience to oppose the construction of a border wall have both my blessing and my prayers.  It is also my prayer that I will be able to apply the lessons I learn across the Atlantic to this issue, one which is fundamentally a domestic conflict due to inevitable globalization.  I will try to keep posting blog entries as faithfully as possible, so that my thoughts and meditations might add yet another perspective to the ongoing legal fight and nonviolent struggle against the border wall.

Hanen’s New Decision, Our New Resolution

In addition to waiving 39 laws through its use of the REAL ID Act, the federal branch of the U.S. government notched another victory in its continuing lawsuits against homeowners on the border. UTB Professor Eloisa Tamez, who has been refusing the government access to her land since January, was just ordered by Judge Hanen on Thursday to allow the government to survey her land for six months.

73-year-old Eloisa Tamez wanted to know the government’s intentions in detail, but the government stated that it wouldn’t know those intentions or the scope of its construction until it surveyed her Spanish land-grant acreage. This deliberate murkiness has permeated every phase of the U.S. government’s efforts to raise a wall on la frontera. From the Environmental Impact Studies (EIS) report, which gave two different proposed trajectories of the wall so that no one is quite sure where it will be built, to the indiscriminate waiving of laws to expedite a process which is either top-secret or undecided or both – every interaction of the government with the people of this Rio Grande Valley has been evasive and less than honest.

For a $50 billion project, the American public deserves the right to know exactly what it is going to look like. The EIS report shows metal fencing, plexi-glass, concrete walls, and double-thick walls, all of which are “possibilities,” yet none of which are decided upon. The government report shows tiny paths of entry for small lizards and rodents, but government officials have also promised people like Jimmy Paz, the manager of Sabal Palms Audobon Sanctuary, that they will have a gate and a key for such a wall. Even the intended purpose of the wall, which began as a piece of immigration legislation, has been touted as a solution to terrorism, drug-smuggling, Social Security, and borderland trash. No one is quite sure how the wall will look, how it will impact the communities, and what effects it will have. Yet still, it has managed to pass through our legislature and dozens of local courts on its way to presumably land in the Rio Grande Valley by the beginning of next month.

Although members of the Smart Borders group will continue visiting local communities along the RGV corridor in order to alert them to their rights and register them to vote, we must also begin training and preparing for a nonviolent campaign of direct action. Should bulldozers come to our peaceful Valley, we must be prepared to engage in the civil disobedience which transformed India and Jim Crow. These apparent defeats for the rights of border residents must not discourage and enervate but encourage and inspire us to bring this issue to national attention. Please join us as we oppose an unjust law in a morally ascendant manner.

Civil Rights Opportunity of the Century

When Martin Luther King wrote his famous “Letter from a Birmingham Jail,” he had in mind several prominent preachers, including Episcopal Bishop C.C. Jones Carpenter. When King wrote, “The ultimate tragedy of Birmingham was not the brutality of the bad people, but the silence of the good people,” he was envisioning these men of faith who had their hands on the levers of hundreds of thousands of consciences. While C.C. Jones Carpenter legalistically disagreed with King’s direct action strategies, he was in effect weighing in with support for the segregationists. One of theologian Reinhold Niebuhr‘s best friends, Bishop Will Scarlett, had attempted earlier to rouse Carpenter’s conscience for integration. Scarlett wrote that integration was “…in line with my suggestion years ago that the sight of the great Bishop of Alabama ridden out of his State on a rail because of courageous and enlightened speech, would be one of the greatest events of many years…I still think so: I think you have an opportunity of a hundred years.” (Parting the Waters, 742)

The Secure Fence Act of 2006 and the shockingly un-Constitutional waivers of 30 laws this past week in order to hasten the wall’s construction provide American citizens and residents the civil rights opportunity of the century. The Secretary of Homeland Security’s waiving of border citizens’ rights and due process is shocking in its blatant disregard for morality and basic human rights; however, we must not let this, the largest waiver so far in the construction of what would eventually be a 2,000-mile border wall, enervate us and cause us to falter.

No, this mass waiver and the thoughtlessness of the Secure Fence Act of 2006 must serve as a rallying cry to unite Americans and to call for real immigration reform with solidarity. I must admit that when I first heard of the waiver on Tuesday, I trembled with shock and disbelief. Having walked 126 miles with 300 people but a few weeks before in the No Border Wall Walk here in the Rio Grande Valley, I had felt we had made a difference. UTB Professor Eloisa Tamez’s case had been a partial victory, and the UTB decision on Wednesday, March 19, had made all activists and citizens begin to believe that perhaps the lines of dialogue were open and our leaders were willing to listen to reason and conscience. My hopes were jarred this April Fool’s Day 2008, but I have now come to understand that this is merely a call to action.

And so to oppose the foolhardiness of this Fool’s Day decision, people of faith must say to the fool there is a God and he is on the side of the stranger and the migrant. People of faith, from Baptists and Methodists to Mennonites and Lutherans and Quakers, from Catholics and Unitarians to Jews and Muslims and Buddhists – all these people of faith are united around the idea of protecting the sanctity of human life and defending the rights of immigrants. All people of faith must therefore unite in solidarity against a border wall which threatens the way of life and the basic human rights of the millions who live on both sides of the U.S.-Mexico border. People of faith must join in opposition against a double-layered, 18-foot wall which would be economically destructive, environmentally unconscionable, politically backward, socially devastating, and morally reprehensible. If we do not step up in this moment of opportunity, then Dr. King’s words from prison will ring true.

So often [the church] is an archdefender of the status quo. Far from being disturbed by the presence of the church, the power structure of the average community is consoled by the church’s silent – and often even vocal – sanction of things as they are.

But the judgment of God is upon the church as never before. If today’s church does not recapture the sacrificial spirit of the early church, it will lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century (Why We Can’t Wait, 92)

People of faith, and in fact all citizens, must come together today. The REAL ID ACT holds the potential to waive any number of laws in constructing a border wall. The Secure Fence Act of 2006 stands as a deterrent from positive immigration reform and a detriment to the border region, Mexico, and our entire nation of immigrants, both legal and extralegal. Please speak with your faith leader and urge them to adopt a strong resolution against the border wall. The Church is strongest when it is a check of the State, and our nation’s power imbalance must be righted by people of faith today. It is no longer our place to discuss whether or not this is a church issue or a moral dilemma – the time is ripe to do right right now.