Immigration Judge Rules In Favor of Prolonged Family Separation

by Prerna Lal

Published October 14, 2009 @ 01:43PM PT

More bad news for legal permanent residents and their children who have patiently waited in line for years.

In Los Angeles, U.S. District Judge James Selna ruled against legal permanent resident parents who sued the federal government, arguing the 2002 Child Status Protection Act, means their children over 21 should be allowed to retain their place in the line.

This decision means that if your aunt or grandparent sponsored your parent when you were anywhere between 1 day-21 years and you were a beneficiary of that petition, the fact that you waited 10 to 20 years for the availability of a visa number makes no difference if you turn 21.

Sorry, you are out. Your parents need to file again and you need to wait in line all over again for a decade and more. If you are 21 now, the best case scenario is that you would be united with your parents when you are hitting 30. This means more family separation. It means no relief for those undocumented youth who have been waiting in line and still live like refugees in their own homes.

The Board of Immigration Appeals is not helpful since it has issued contradictory decisions in CSPA cases. In Matter of Garcia (2003), it allowed a derivative beneficiary to retain their priority date while in Matter of Wang (2009), it told a 24 year old who had waited for 20 years in line with her parent that she would have to wait another 20 years. It makes little sense, serves absolutely no purpose and encourages more immigration through unauthorized channels.

Appeals would definitely be filed to battle this atrocious decision while lives hang in the balance.

What do you think? Is this age discrimination? Or is the immigration judge and USCIS fair in imposing a 10 year penalty (20 if you are from Mexico, China, Philippines and India) on adult children who happen to age out, simply through no fault of their own?

Would we rather banish them to their home countries, in a short-sighted effort to limit immigration numbers now, only to allow them back in 10-20 years with immigrant spouses and children?

New Report: Breaking the Immigration Stalemate

by Prerna Lal

category: Immigration Reform

Published October 14, 2009 @ 10:41AM PT

It seems like a busy week for immigration reform as everyone is simply coming out with their own set of principles and policy proposals.

After Charles Schumer (D-NY) revealed his seven pillars in June but failed to deliver a bill by Labor Day, Representative Luis Gutierrez went ahead with his own set of principles and he promises a bill by the end of November.

Immigration reform legislation would probably follow the recommendations and findings of the bi-partisan Council on Foreign Relations report.

But a new Brookings Institute report here, from the Brookings-Duke Immigration Policy Roundtable constituting academics and think tanks, aims to go from deep disagreements to constructive proposals. Lets examine these tenets.

• The United States Should Dramatically Reduce Illegal Immigration by Linking Workplace Verification and Legalization
• Congress Should Eliminate Diversity Visas, Restrict Eligibility for Family-Sponsored Visas, and Increase Visas for Skilled Immigrants
• Congress Should Improve Temporary Worker Programs and Bolster Labor Market Protections
• Congress Should Establish an Independent Standing Commission on Immigration
• Public and Private Sectors Alike Should Increase Efforts to Assimilate and Integrate New Americans
• The United States Should Engage Mexico

Still, the report is lacking and contradictory. It proposes a legalization program for people who have lived here for 5 or more years while never addressing those that don't meet the criteria, leaving an estimated 3.5 million still undocumented. And not allowing 'family unity' by restricting family-based visas to just minor children simply encourages more unauthorized immigration as adult children and siblings are left out without a legal pathway to citizenship. Legislation for same-sex bi-national couples is not even mentioned in the report.

These proposals may break the stalemate, but they would do little to fix the broken system of immigration in this country. At this point, we don't need more reports. What we need is sound legislation that puts human beings above mere politics.

Gutierrez Unveils Vague Principles of Immigration Reform

by Prerna Lal

category: Immigration Reform

Published October 13, 2009 @ 12:24PM PT

Thousands of immigration reform activists were gathered at the Capitol today to call for immigration reform and hear Representative Luis Gutierrez unveil his broad principles for immigration reform.

"We need a bill that says if you come here to hurt our communities, we will not support you; but if you are here to work hard and to make a better life for your family, you will have the opportunity to earn your citizenship," says Representative Luis Gutierrez.

The forthcoming immigration reform legislation will:

* Include a rational and humane approach to the undocumented population;
* Protect U.S. and immigrant workers;
* Allocate sufficient visas to close unlawful migration channels;
* Enhance our nation's security and safety;
* Establish a strategic border enforcement policy that reflects American values;
* Keep American families together;
* Promote immigrant integration;
* Include the DREAM Act and AgJOBS; and
* Protect fundamental rights for all.

What do you think? I believe the principles are too vague and Duke from Migra Matters unveiled a much better and more comprehensive set of principles yesterday that deserves a second look.

The American Civil Liberties Union has chimed in to say that any comprehensive legislation should protect privacy and civil liberties for all. I suppose that means we need better detention practices, no national ID card system, no biometrics and iris-scanning, or is that too much HOPE for Obama?

Like some other progressive bloggers such as Vivir Latino, my primary concern is the definition of 'family' in the upcoming immigration battle. With the evangelicals throwing in their support and 'faith groups' surrounding immigration reform, I doubt that LGBT families who need the Uniting American Families Act would be addressed, let alone mentioned.

What do you think about the principles above and about throwing our same-sex bi-national families under the bus?

(Picture Credit: @raylab)

Michigan Parents Being Deported Without Their 3 Young Children

by Prerna

category: Advocacy and Activism

Published October 13, 2009 @ 06:00AM PT

With the holiday season around the corner, the Department of Homeland Security is celebrating festivities by separating more children from their parents.

After the baby-napping incident where a woman posing as an ICE agent stole a baby from a Latino family, ICE decided that it did not want to be beaten at what it does best: terrorizing our homes and separating our families. So this week, our national security priority is to deport two parents to Bangladesh without their children.

Mus'ab (on the left) is only 5 years old and has a disease known as Hemophilia A; he needs special care and attention his whole life. He also has an older sister, Mariyam (7 years old) and a younger sister, Ameena (3 years old). Because of their ages, all three need constant parental supervision. With their parents deported to Bangladesh, Mus'ab, Mariyab and Ameena will become the responsibility of the United States government and a 'taxpayer burden.' That is probably what nativists desire, short of deporting the American citizen children, including Mus'ab, to Bangladesh so he can die without proper health care, while Mariyam and Ameena grow up as second-class citizens in a poor, war-torn, and ravaged society.

It may be too little, too late, as the parents are reportedly set to be deported today, but there is a demonstration rally planned in solidarity with the family today in Detroit, Michigan:

TIME: Tuesday Oct. 13 at 12 p.m.
LOCATION: 333 Mt. Elliot
(Corner of Mt. Elliot and Jefferson)
Federal Building
Detroit, MI

MEET PLACE: On Conant Ave. (Bangladesh Ave).
Corner of Conant Ave. and Eldridge St.
Hamtramck, MI- 48212
AT 11 a.m.

Update: The couple has been granted a one-week reprieve, which their attorney will use to buy more time so that the Board of Immigration Appeals can look at this case.
(Source: Chicago Tribune)

Other noteworthy deportation cases this week involve deporting the father of a Marine and a legal resident of the United States who received bad legal advice.

Columbus Day - Celebrating the First Illegal Alien

by Prerna

category: History of Migration

Published October 12, 2009 @ 08:00PM PT

I went out to get the mail today and was reminded that it was Columbus Day, named after Christopher Columbus who mistakenly chanced upon what is now called 'America' while looking for India.

Chris Columbus is the reason I have to tolerate ridiculous questions like "What tribe?" whenever I respond with 'Indian' for my ethnicity. But for the indigenous peoples of America, 'Indian' is a concept imbued in violence--violence against their homes, cultures and identities. And we dare not forget that violence.

As shown in the video, I would much rather re-define this day as a day of apology to indigenous peoples because without the first 'illegal alien invasion' of Christopher Columbus,  none of us would be here today. In many parts of the United States, students held counter-protests to Columbus day, making sure that their counter-narratives, their histories of war, genocide and disease are not lost to history.

Check out Howard Zinn's "Columbus and Western Civilization" for a detailed deconstruction of the mythic 'discovery' of America.

Video H/T: VivirLatino

Progressive Principles for Immigration Reform

by Prerna

categories: Immigration Reform, Nativism

Published October 12, 2009 @ 05:11PM PT

Pre-empting Representative Luis Gutierrez and his 'broad' principles for immigration reform, Duke from Migra Matters--a co-founder of The Sanctuary--was front-paged over at Daily Kos today with the following principles for comprehensive immigration reform:

1. End policies that rely only on enforcement and deterrence as the sole means of regulating migration.
2. Address the root causes of immigration, and change US policy so that it doesn't foster and produce conditions that force hundreds of thousands of people each year to leave their countries of origin in order to simply survive.
3. Tie all current and future trade, military, and foreign aid agreements to not only worker protections both here and abroad, but also to their ability to foster economic progress and social justice for the working class and poor in sender nations.
4. Formulate a reasonable, humane, fair and practical method for determining the levels of immigration going forward. Establish an independent commission free from the pressures of political expediency and business interests to review all the pertinent data and set admission numbers based on labor, economic, social, and humanitarian needs.
5. Provide a path to legalization for all current undocumented immigrants living and working in the US, free of restrictions based on  country of origin, economic status, education, length of residency, or any other “merit based” criteria.
6. Secure the borders by first ensuring that the vast majority of new immigrants have the ability and opportunity to legally enter the country through legal ports of entry by increasing the availability and equitable distribution of green cards. This would curtail the flow of migration through illegal channels. Only after that, should enforcement begin to ensure compliance, or any work to physically secure the border take place.
7. Increase the focus on enforcement of all labor and employment laws. Increase penalties on employers who engage in unfair or illegal labor practices. Increase funding for government oversight and inspection.
8. Opposition to a "temporary guest worker" program on the grounds that it provides no benefit to the American people or the immigrants themselves. It only provides big business with a disposable work force, and prevents immigrants from becoming a viable force in the workplace or full fledged members of society.
9. Foster an immigration policy that strengthens the middle and working class through encouraging unionization, increased naturalization, and immigrant participation in the electoral process.
10. Include the language of the DREAM Act that would allow children and young adults brought here as children, and raised in the US, a conditional path to citizenship in exchange for a mandatory two years in higher education or community service. Undocumented young people must also demonstrate good moral character to be eligible for and stay in conditional residency. At the end of the long process, the young person can have the chance to become an American citizen or legal residency by completing their educations and contributing to society.
11. Included the language of the Uniting American Families Act that would amend the Immigration and Nationality Act to allow permanent partners of U.S. citizens and lawful permanent residents, including same-sex partners, to obtain permanent residency.
12. Include the language of the AgJobs bill that seeks to relieve chronic farm labor shortages by supplying undocumented migrant agricultural workers a legal opportunity to enter the county and a path to legal status and eventual citizenship. It also bolsters labor rights and protects workers from exploitation.
13. Repeal the sections of the 1996 law that redefined vast numbers of crimes as deportable offense when committed by immigrants. Imposing harsh penalties--often permanent exile--on  immigrants for minor criminal convictions like shoplifting or possession of marijuana.
14. End permanent detention of all migrants for immigration violations not related to violent crimes.
15. Simplify the immigration system by eliminating and condensing the hundreds of various visa classes into a smaller, more manageable, classification system that allows for not only easier navigation of the system, but better analysis of current immigration needs.
16. End policies and programs that rely upon state and local law enforcement agencies to usurp the role of the federal government and engage in the enforcement of federal immigrations codes.
17. Bring U.S. immigration law in line with international human rights law by reforming asylum and refugee law and strengthening protections for children, crime victims, and victims of human trafficking
18. Modernize and streamline the immigration process and eliminate the backlogs for those already in the queue. Simplify the paperwork process and utilize technology to cut wait times and bureaucratic delays.
19. Make family reunification simpler by expanding the “immediate family” classification to reflect the cultural realities of many non-western or traditional societies from which immigrants come.
20. Allow immigration judges the discretion to treat cases on an individual basis and make decisions based on the specific the circumstances and outcomes of the case.
21. Make punishments of immigration crimes commensurate with comparable crimes in other areas of the law. A misdemeanor or civil violation of immigration law should not carry with it a punishment that would be comparable to a felony in a criminal case.
22. End, or raise, the per-country cap that favors smaller nations with fewer immigrant applicants over larger developing nations and those countries that have long traditional ties to the US.
23. Update the Registry Date in Sec 249 of the Immigration and Nationality Act to reflect the historical pattern of periodic updating. Current date should be updated to 1996.
24. Eliminate 'crimes involving moral turpitude,' an amorphous legal holdover from Jim Crow
25. Recognize that immigration is a vital part of maintaining a healthy and vibrant America. It is what has set this nation apart from all others since its inspection. To close our borders to new immigrants is to cut off the lifeblood that has always made this nation grow and prosper.

This broad list of principles is certainly not for the faint-hearted or those who think that immigration enforcement is the only solution to the so-called problem of 'illegal immigration.' These principles offer a way to fix our present broken immigration system in the most just and humane way, taking into account both the push and pull factors of migration. It is probably a far cry from what Congress will end up adopting, but it is undoubtedly the single-payer of immigration reform.

ALIPAC Feeling Challenged by Volunteer-Run Network

by Prerna

category: Nativism

Published October 12, 2009 @ 01:19PM PT

In order to combat the upcoming introduction of an immigration bill, a hilarious message came from nativist William Gheen over the weekend about his efforts to increase ALIPAC's social media presence:

Currently we have 1,012 supporters on Myspace, 2,624 supporters on Facebook, and 8,067 supporters on Twitter!

As usual, William Gheen is exaggerating. His numbers on Myspace and Facebook are not even close to impressive and he has 6900 followers on Twitter, courtesy the fact that he follows more than 7500 people. Obviously, people usually reciprocate and follow back. ALIPAC has been on the web since September 2004 and yet, there is nothing impressive about the pageviews it gets when compared to recently established promigrant spaces:

Nonetheless, his exaggerations turn into outright lies a little later:

Our biggest competitor and the current leader out of all of the pro/con groups are the Dream Act Amnesty activists with their large financial budget. While ALIPAC is kicking their tails on Twitter, they are ahead of us on Myspace with 5,569 supporters and 43,070 people in support of their cause on Facebook!

It is a huge compliment that William Gheen considers a handful of undocumented youth to be his main competitors rather than the multi-million Reform Immigration for America. But he is certainly wrong about any 'large financial budget.' The DREAM Act network is volunteer run and funded by undocumented youth who are working 2-3 jobs at a time, struggling to afford college, bearing the brunt of deportation proceedings while living in poor social conditions.

But this is also the same volunteer-run network that put on 108 actions in 26 states last month and 'mock graduation' events in 16 states this past June, drawing thousands of participants for these grassroots actions. By comparison, William Gheen has only 24 people signed up for his astro-turf 'tea parties against amnesty' in over 3 states on November 14! The fact that nativists can only draw about two dozen protestors is not news to anyone. But William Gheen, just be honest about who you are competing against: less than a dozen unfunded, undocumented youth who simply want to stay and contribute to this country, through passage of a legislation that will benefit only about 300,000 educated young people.

If that is your biggest competition in your battle against what you label as amnesty, good luck winning the war.