Change.org's Immigrant Rights Blog

Judge Fed Up with Criminal Prosecution of Immigrants

Alex DiBranco — 2010-02-09T11:26:00-08:00

"Operation Streamline" has done anything but streamline our kinked up immigration system. This genius Bush legacy decided to step up criminal prosecutions of undocumented immigrants, instead of simply deporting them for violations of immigration law. And one federal judge has had it up to here with the waste of taxpayer money, law enforcement resources, and his time.

Te-Ping Chen posts on Change.org's Criminal Justice blog about Judge Sam Sparks, of Austin, TX, who appears to be the first federal judge to publicly speak his mind in opposition to criminally prosecuting immigrants for the mere act of trying to make a life for themselves in America without documentation. In calling this wasteful practice "simply mind-boggling" -- that's a massive slam in judge-speak -- Sparks joins the ACLU's recent briefing on pointing out the harm of criminalizing undocumented immigrants.

In the past, only undocumented immigrants who had a prior felony conviction and thus might pose a danger to society, or those who broke immigration laws repeatedly after deportation, would be criminally prosecuted. Today, the majority of immigrants in detention don't have any criminal history, not even for minor offenses. All they've done is run afoul of labor law. Sparks considers imprisoning and prosecuting them, paying those jail and court costs, a burden to the taxpayer "neither meritorious nor reasonable." As Te-Ping sums up, "It's a pretty bizarre system [where] you decide to punish people for entering the United States by in turn making them stay in the United States, in jail -- and on the taxpayer's dime, as well."

Besides the financial strain, immigration prosecutions also bog down the criminal justice system, taking attention away from harmful criminals like gun traffickers and organized crime -- as immigration prosecutions have gone up, these prosecutions have gone down. So while these criminals might be toasting to our senseless immigration system, the rest of us aren't exactly feeling the bubbly.

Photo credit: bloomsberries

Latino Vote Critical in 40 Competitive Races This November

Prerna Lal — 2010-02-09T08:00:00-08:00

The Field Poll in California recently discovered that Senator Barbara Boxer's reelection could be in danger if ethnic minorities did not turn out at the voting booths this November. That may come as a surprise for some people, but not for those who have seen and documented the growing power of the ethnic minority, especially the Latino vote, which catapulted Barack Obama and many other Democrats into office in 2008.

Today, America's Voice released a new report called "The Power of the Latino Vote in America: They Tipped Elections in 2008; Where Will they be in 2010?" Forty-eight pages long, it drills deep on Latino voting trends, how the issue of immigration reform will affect turnout, and also identifies up to 40 competitive races in 11 states (Arizona, California, Colorado, Florida, Illinois, Nevada, New Mexico, New York, Pennsylvania, Texas, Virginia) where Latinos are likely to make an impact this November.

We have already seen how ignoring the Latino vote is hurting Democrats. Despite his restrictionist views on immigration, GOP candidate Scott Brown handily won the Hispanic vote in Massachusetts after Democrat Martha Coakley ran a questionable campaign that failed to outreach to the Latino community. Democrats are faced with a unique set of problems now: First, that their Latino base might not show up to vote this November and second, that even when Latinos do vote, no party can take this constituency for granted.

This serves as another reason for Democrats like Barbara Boxer to become more responsive to the community and get moving on issues such as reforming the broken immigration system. Not doing so risks alienating Latino voters and depressing Latino voter turnout for the crucial 2010 elections.

The message is simple: If Democrats want to retain their seats and not lose crucial seats in battleground states, they better start doing things that would bring their base out to vote.

The GOP also has the opportunity to play a master-stroke and win the constituency for many years to come if it plays its cards right on issues like immigrant rights. Alas, the party has been hijacked by tea baggers and nativists in recent times who are calling for Jim-Crow era civics literacy tests.

One thing is clear from this report: Both political parties can ignore Latinos and Latino issues at their own peril this November.

Photo Credit: Voces de la Frontera

Fake Marshal Gets By Airport Security, Kidnaps and Deports Pregnant Woman

Alex DiBranco — 2010-02-08T12:18:00-08:00

Maybe if the Transportation Security Administration spent less time playing derogatory Jeopardy games, they might actually catch a mentally disturbed man impersonating a federal marshal and deporting a five-months-pregnant immigrant woman.

A local news station reports that Gregory Raymond Denny showed up at the home of Craig and Cherrie Bell Hibbard last month, claiming to be a U.S. Federal Marshal charged with deporting Cherrie, a Philippines who was at that time undergoing the process of securing a green card. Her husband reports that Denny wore a badge and carried a holstered gun, and the couple believed that he was a federal official, so Cherrie went with him.

After making his "arrest" -- also known as, kidnapping the pregnant woman -- Denny took her to a U.S. Border Patrol station, but they would not take her because they were unable to find a warrant under her name. They wouldn't be able to, of course, since she wasn't actually violating immigration law. Now, this is one point where I don't understand what they were thinking. If a man shows up with a pregnant woman in his car he claims to have been told to arrest, but he doesn't have a warrant, and the officers can't find any reason that his prisoner should be deported, doesn't that send up any kind of red flags that maybe this dude isn't who he says he is? That maybe you should take a closer look at his badge and credentials? Be concerned for the well-being of the pregnant woman?

It seems, however, that the Border Patrol officers didn't do much of anything, because next thing we know, Denny, still pretending to be a federal marshal, is escorting the handcuffed woman through San Diego International Airport security and sticking her on a plane to the Philippines.

Denny is currently in custody, taken in after Craig Hibbard reported the incident, and has admitted to impersonating a federal marshal. There are reports that he is mentally disturbed. Which raises the scary question: what does it say about the job TSA is doing keeping us "secure" if a potentially mentally disturbed man can pretend to be a federal official (reports don't say, but I hope he didn't still have his gun on him) and just waltz through airport security?

Not to mention the scary thought that Denny could take a pregnant woman out of her home and send her to another country as easily as snapping his fingers. The Wonk Room makes the case that federal agents who operate outside the law in conducting illegal raids contribute to a Wild West atmosphere where it's easier for such crimes to occur because immigrants, even those like Cherrie Bell who believe they're living within the framework of the law, fear and expect that officials can swoop in and disregard their rights. In addition, the rules of the immigration system, under which many immigrants (and sometimes U.S. citizens) are deported without accessing legal counsel or visitation rights means that this kind of ruse seems more believable.

Photo credit: qmnomic

Nativist Tancredo Dooms Tea Baggers By Proposing "Civics Literacy" Test

Prerna Lal — 2010-02-08T07:32:00-08:00

Tom Tancredo, the grandson of Italian immigrants and a former Congressional representative, kicked off the much anticipated Tea Party National Convention in Nashville, Tennessee with some typically racist comments, imploring a very white audience to take back their country.

Tancredo worked hard to put immigration issues at the forefront of the tea party agenda. He expressed his gratitude that John McCain had not won the election because that may well have spelled an "amnesty." Then, Tancredo call for a "civics literacy" test because apparently, the people who voted for Barack Obama “can’t even spell the word vote or even speak English.”

It's Black History Month, so maybe Tancredo is expressing nostalgia for the days when African-Americans were denied suffrage through the use of literacy tests. Yay for Jim Crow! He wants to bring back those days but couches it by saying that all Americans must take the "same basic test we give legal immigrants applying for citizenship."

I am almost gung-ho about the idea because after reading Tom Tancredo's Twitter feed, I am left wondering if he could pass a literacy test. If Americans knew anything about their own histories, they might not elect people like Tancredo in the first place. Although, like Jimmy Kimmel in the video below, I am not so sure that Tancredo should be demanding a "civics literacy" test in order for people to vote. That may make most of the tea baggers, his very own base, ineligible for voting rights. Take a look:

Nancy Pelosi has got to be thankful that Republicans like Tom Tancredo exist. They continue to give Democrats a slight edge among minorities.

Video Credit: JimmyKimmelLive

Schwarzenegger Makes "Cruel Cuts" to Services for Immigrants

Alex DiBranco — 2010-02-07T19:06:00-08:00

Hasta la vista, baby: Gov. Arnold Schwarzenegger plans to slash access to program services for the most vulnerable documented immigrants in California's proposed state budget.

The Terminator -- I mean, governor -- announced in his State of the State speech that there would be "cruel cuts" in his upcoming proposed budget. And the California Immigrant Policy Center (CIPC) finds that, when it comes to health and human services programs for the most vulnerable immigrants who have been in the country less than five years, most of whom are permanent resident green card holders, the cuts are cruel indeed.

These immigrants will lose most Medi-Cal services, which provides health coverage for low-income working parents, persons with disabilities, and the elderly. Besides walking all over those who are most in need of aid, this short-term money saver would quickly turn into a bigger expense for the state of California, as CIPC points out in a report, "The Cost of Cutting Immigrant Programs: Illness, Hunger, & Homelessness." Unable to pay for regular health care, these people will have to turn to overwhelmed emergency rooms when they get sick -- but will probably wait until their illnesses grow much worse, making treatment harder and more expensive.

Schwarzenegger also proposes to cut food assistance, which keeps many low-income families and children from hunger or starvation, and cash assistance, which pays for food, medicine, and shelter for documented immigrants who are elderly or have disabilities. These cuts will do little to address California's $20 billion budget deficit, but will devastate the beneficiaries who rely on these small programs to help them get by. To the approximately 37,000 recipients who will lose food assistance, according to the California Department of Social Services, the absence of that average hundred dollars a month means a lot. And it's bad fiscal policy: $5 of food assistance generates an estimated $9.20 in overall community spending, according to the U.S. Department of Agriculture. So why isn't Gov. Schwarzenegger trying to double the state's money?

Finally, the budget proposes the elimination of CalWorks, the state version of Temporary Assistance to Needy Families, which provides low-income families that have no other options with temporary financial aid, job training, and child care. The effect of suddenly depriving these families of their income source will have a catastrophic impact on their lives and lead to "ripple effects, when they cannot pay rent to landlords, child care providers will lose state payments, and local merchants will lose business from the direct stimulus that CalWORKs provides in communities." CalWORKs provides a way for people to get back on their feet after suffering a set-back, particularly important in this economic downturn, and in such a way that supports other members of working California society.

Schwarzenegger may have been an immigrant himself, but a charmed life in Hollywood and as a governor has clearly left him out of touch with others who have settled in America. Not only do these cuts target the most vulnerable immigrants in need of support -- the poor, working parents, the elderly, persons with disabilities -- they set California up for future financial failure. If sunny CA wants to come back as a thriving economy, this isn't the way to do it.

Photo credit: Nate Mandos

ACLU: Criminalizing Undocumented Immigrants Not in Our Best Interest

Alex DiBranco — 2010-02-06T19:49:00-08:00

The American Civil Liberties Union has a new issue brief out criticizing attempts by state and local law enforcement to prosecute undocumented immigrants under criminal laws in the past few years as harmful to society.

The ACLU points out, "The act of being present in the United States in violation of the immigration laws is not, standing alone, a crime." Being undocumented is a civil offense; however, we have seen major increases in "federal prosecutions for illegal entry and reentry of the United States," a related infraction which can be prosecuted as a misdemeanor or felony. (About half of undocumented immigrants entered illegally, in contrast to entering legally but overstaying visas.) It's gotten to the point that half of all federal criminal cases are immigration prosecutions. Simultaneously, the number of prosecutions for "gun trafficking, public corruption, organized crime and white-collar crime" went down.

Gun trafficking and organized crime are overt dangers to society and people's lives that should be a top priority for criminal prosecutions. And I'd love to see more smug white-collar criminals prosecuted for screwing over the economy, gouging customers, and gipping workers (a cost to America to the tune of at least $300 billion a year, according to the FBI) -- but prosecutors choose to go after 97% of immigration law crimes referred to them, while passing over half of white collar crimes. Prosecutors are going for the easy game -- gun traffickers and white collar criminals can put up a good fight with fancy lawyers, while undocumented immigrants are vulnerable pickings.

Attempts by state and local government to pass laws in some way criminalizing undocumented status have generally been ruled unlawful, the ACLU points out, since the federal government retains sole authority to regulate immigration -- although that hasn't stopped states like Arizona from thinking about giving it another go. But the ACLU warns that it's also a waste, given limited resources, to choose to criminally prosecute undocumented immigrants simply for their lack of legal status, when there are more dangerous, harmful criminals to worry about. And that hurts the well-being of our country.

Media Matters Fed Up With Fox News' Use of Term "Illegals"

Alex DiBranco — 2010-02-05T19:00:00-08:00

I was surprised to discover Media Matters is going after Fox News' use of the loaded word "illegals" as shorthand for "illegal immigrants," their term for immigrants in the United States lacking legal status -- it seemed like once the network had hired Sarah Palin as a commenter, progressives and people who support journalistic integrity would give them up as a lost cause. Glad Media Matters is still fighting on against pretty much the least trustworthy name in news. (You should be watching the Daily Show mock them instead.)

Media Matters' mission is "comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media." So, basically, they could spend all their time critiquing most of what comes out of Fox News pundits' mouths. But, at the moment, they've chosen to hone in on the pejorative, unprofessional, and just plain grammatically offensive use of the shorthand "illegals."

The National Association of Hispanic Journalists, with the support of the Asian American Journalists Association and the National Association of Black Journalists, has asked responsible journalists to stop using the term "illegals" as a noun, both because it has the grammatical quality of nails scratching on a chalkboard, and because it "crosses the line by criminalizing the person, not the action they are purported to have committed." Furthermore, the term "illegal immigrant" has the inaccurate connotation the sense of having entering the U.S. illegally, whereas an estimated 40% of undocumented immigrants entered legally and overstayed visas.

The term "illegal" also feeds the mistaken impression that someone who is in the country without legal status has violated criminal law, rather than administrative law, and that they have no rights. Lawrence Downes, a member of the New York Times editorial board, writes, "People are often surprised to learn that illegal immigrants have rights. Really? Constitutional rights? But aren't they illegal? Of course they have rights: they have the presumption of innocence and the civil liberties that the Constitution wisely bestows on all people, not just citizens." When a person is detained for being in violation of immigration law, they are still given the chance for a trial and to prove that they should be permitted to remain. Unfortunately, 1996 expedited removal procedures allow for a decision by senior immigration officials to bypass a court trial -- which has allowed for human rights violations, unnecessary hardships, and the accidental deportation of even many U.S. citizens -- but immigrants facing this situation at least retain the right to seek asylum and a day in court on those grounds.

It is irresponsible journalism to use dehumanizing terminology that writers and editors well know creates a mistaken impression of an undocumented immigrants' criminal status and rights. It creates a hostile and dangerous climate that can lead to an increase in hate crimes and sets back the potential for a real discussion. "Illegals" is not a word that should be in the vocabulary of any responsible news source -- but I guess that wouldn't be a particularly accurate term for Fox News.

Photo credit: manymeez

Irish-Americans Oppose Anti-Immigrant "BRIDGE to Nowhere"

Alex DiBranco — 2010-02-05T12:27:00-08:00

Alaska's money-wasting "Bridge to Nowhere" went so very well, anti-immigrant forces are trying to pass their own destination-less BRIDGE, no matter how costly and impractical it might be.

The BRIDGE legislation, introduced by Reps. Jason Chaffetz (R-UT) and Frank Kratovil (D-MD), has been dubbed the second "BRIDGE to Nowhere" because it focuses solely on enforcement -- in a deeply flawed, non-viable manner -- without fixing the elements of our immigration system that just don't work. Afton Branche, immigration researcher for the Drum Major Institute, points out several of its flaws: mandatory use of E-verify for all employers, which would bar many U.S. citizen and legal residents from work due to serious errors in this system the bill gives zero thought to remedying; support for an ineffective border security system; and "no-amnesty" rhetoric that means no provisions to address the 12 million undocumented immigrants now living, working, and studying in the U.S. Basically, it's all tough-on-enforcement talk, no real solutions.

Irish-American immigration groups are denouncing Rep. Patrick Murphy (D-PA), who shares their Irish heritage, for supporting an impractical, inhumane, regressive immigration bill that caters to nativist sentiment without doing anything to improve our immigration system -- but it does have suggestions for making the situation worse, for everyone. While Philadelphia usually lives up to its name as the "City of Brotherly Love" with a good track record on immigration, Murphy is the blot on their shining reputation.

The vice chair of the Irish Lobby for Immigration Reform, Ciaran Staunton, states, "Back when Congressman Patrick Murphy's forefathers were trying to come to America, there was an ignoramus group called the Know Nothings, that, like Patrick Murphy now, wanted to seize the Irish and deport them in chains back to the old country. The Irish overcame all that discrimination and Patrick Murphy is a congressman today because of what his forefathers were able to achieve." The Irish might not be the primary face of immigration -- and primary target for nativist fear mongering that they'll overrun the country -- today, but there are an estimated 50,000 undocumented Irish immigrants in the United States, and a history of immigrant struggles.

Irish-American groups are especially disappointed in Murphy's inaccurate "no-amnesty" insistence -- Siobhan Lyons, director of the Philadelphia Irish Immigration Center, explains that her group doesn't support amnesty, which would involve handing out green cards to all undocumented immigrants; she wants to see a process under which immigrants can work toward a green card after a period of years and undergo background checks, which Rep. Luis Gutierrez's CIR ASAP provides, along with other workable solutions to our immigration problems. And don't forget, there's a pot of gold for the whole economy on the other side of a path to legalization!

With the luck of the Irish on your side, tell your representatives not to pass this BRIDGE to nowhere.

Photo credit: aloshbennett

Why Immigrants and the LGBT Community Should Support Each Other

Prerna Lal — 2010-02-05T07:25:00-08:00

In a show of solidarity between the immigrant rights movement and the LGBT community, MALDEF (Mexican American Legal Defense and Education Fund) President Thomas Saenz, delivered a keynote speech advocating for comprehensive and inclusive immigration reform at the largest conference for LGBT equality, the National Gay and Lesbian Task Force Creating Change conference in Dallas, Texas.

Saenz, who was tapped to head the DOJ Civil Rights Division under the Obama Administration, assumed a leadership role at the Mexican-American Legal and Defense Education Fund last year. He took the platform at Creating Change to express his interest in deepening collaboration and partnership between LGBT and immigrant communities.

The MALDEF President dismissed "pundits who opine freely that the LGBT and Latino communities cannot work together because of the philosophy and beliefs of the Latino community," stating that this perspective was deeply flawed since the communities are integral parts of each other and overlap consistently.

He elaborated on this, stating that both undocumented immigrants and LGBT people live in the shadows for fear of law enforcement and hate crimes. At the same time, both communities are seen as interested in "single issues," but are building political power and momentum to influence change. Third, the LGBT and immigrant communities are fighting for inclusion in the 2010 Census, and fourth, the respective groups are also facing a courage deficit in Washington regarding their issues. Finally, Saenz noted that significant portions of the LGBT community and immigrants have been placed outside of the law and denied equal protection. These are all points that merit thought and discussion: can we truly expect to win the struggle for civil rights by failing to support one another?

Last December, Representative Luis Gutierrez excluded the Uniting American Families Act, which would remove discrimination that keeps same-sex partners from gaining citizenship, from his immigration legislation due to the powerful faith lobby. He went further and justified his exclusion by declaring that the LGBT and immigration communities have never had a serious, in-depth discussion. While that comes across as offensive to queer immigrants and exclusion does nothing to help steer us forward, there is some truth in the statement that more conversations need to take place between our marginalized communities; conversations about shared commonalities, sharing ideas, and tools for making real change happen. But the perceived lack of conversation is no excuse for throwing people under the bus, like Representative Luis Gutierrez did with the introduction of CIRASAP and now Senator Schumer is geared to do with his long-overdue bill.

It's good to see that the National Gay and Lesbian Task Force took the opportunity to include immigration reform on the agenda for change. Papers the Movie -- a documentary feature on undocumented youth that explores some crucial inter-sectionalities--will also screen at Creating Change this Saturday.

Thomas Saenz showed leadership and initiative last night with an inclusive conversation for creating change, but he has also demonstrated honesty and support for going in new directions by calling for smaller-scale reforms if a large comprehensive legislation for immigrant rights is not possible this year. In the coming days and months, we hope to see some similar leadership and initiative from politicians who still continue to pay at least lip-service to our outlawed families and communities.

Photo Credit: bastique

Obama Continues to Ignore Immigration Reform

Danny Rangel — 2010-02-04T12:00:00-08:00

With the news that President Obama's paternal aunt will face an immigration judge this week in hopes of being granted asylum and avoiding deportation, it has become increasingly difficult to understand the President's de-prioritization of immigration reform. The human side of America's broken immigration policies has hit the President pretty close to home, yet the Obama administration's stance on reform has remained the same: no risks, no effort will be taken to tackle it, even with a Democrat in the White House and large majorities of Democrats in congress.

In addition, the President and the democrats seem to be ignoring immigration agencies' continual raids on immigrant communities. These raids have often targeted indiscriminately, rounding up those who simply "look like" illegals. With increasing frequency, government agents have flagrantly broken the law during government sweeps for undocumented immigrants.

Many American citizens, having been swept up in such raids, pleaded with immigration officials to simply check their legitimate documentation, to no avail. Some American citizens have been held for months by immigration officials, desperately trying to convince their captors of their status as American citizens. At least one of the wrongfully imprisoned, a U.S. Army veteran no less, has filed a lawsuit against the federal government seeking extensive damages.

Other stories of injustice against Hispanic-Americans will continue, and by all accounts, it seems like the administration will continue to do nothing. For a politician who won two-thirds of the national Hispanic vote in the last election, Obama doesn't seem to put too much stock on satisfying a constituency that comprises the fastest-growing segment of America's population, as well as the largest minority group in the country.

Obviously, the President can't ignore this issue forever. With increasing volume, immigration activists around the country are becoming more and more vocal about their distaste for the current atmosphere of inaction. Their discontent is not something to be ignored, as some have threatened to sit out the next election if no action is undertaken soon. Such a situation would be disastrous for Democrats, and would very likely usher in a Republican party resurgence that would drown out any last hope for immigration reform.

So, the lesson for Democrats in Washington: show a little backbone and actually get something done this year. It may be the last chance you have in quite some time.

Photo By: naden

Experts: Secret Detention Amounts to Crime Against Humanity

Prerna Lal — 2010-02-04T08:03:00-08:00

In a new independent study, UN experts are blasting secret detention of terror suspects, claiming that "if resorted to in a widespread and systematic manner, secret detention might reach the threshold of a crime against humanity."

However, the report fails to demand closure to the famous "public" detention centers at Guantanamo Bay and Bagram, where human rights have been systematically violated for several years without consequences to anyone. President Obama has officially broken his promise of closing Guantanamo Bay within a year of assuming leadership, now saying that Guantanamo will be closed by the end of his first term.

But we don't need to go to Guantanamo or secret Afghan prisons to record any crimes against humanity under the Obama Administration. They happen much closer to home. Terror suspects aside, the United States is home to 186 secret detention centers to house non-criminal long-time immigrants and even United States citizens. In many cases, even family members have little idea as to where Immigration and Customs Enforcement keeps their detained loved ones.

Former executive director of Immigration and Customs Enforcement, James Pendergraph, is on record saying that "if you don't have enough evidence to charge someone criminally but you think he's illegal, we can make him disappear." We can certainly call that a widespread and systematic crime against humanity. Now, can we put Immigration and Customs Enforcement on trial in Hague?

In response to the report, the United States did what it has always done: ignore the report, ignore the experts and hope it all goes away. Don't you love the sweeping changes that Obama has brought to the Presidency?

Photo Credit: Karen Eliot

Immigration Officials Aided Labor Abuses, Human Trafficking

Alex DiBranco — 2010-02-03T18:32:00-08:00

What does a company do when it has guest workers doing pesky things like organizing and demanding their rights? Ask Immigration and Customs Enforcement for tips on how to ship them out of the country, of course!

After Hurricane Katrina struck, the New York Times reports that Signal International hired 500 skilled Indian metalworkers to help them repair damaged oil rigs before they wreaked too much havoc on their surroundings. The employees report paying Signal's recruiters as much as $20,000, racking up debt or giving up their homes to scrape the money together, for an H-2B (guest worker) visa and the promise of a green card. But that was a false promise, geared toward squeezing these workers for all their life savings -- and more.

Once the Indian workers, now laboring for Signal in the U.S., realized they'd been massively ripped off, they began to organize, protest, and seek legal aid. Chief operating officer Ronald Schnoor testified that the workers wanted Singal to either secure them the promised green cards or repay the exorbitant fees extracted from them, which justified demands he found highly annoying. Schnoor said he wanted to get rid of the "chronic whiners" (translation: workers demanding labor rights), so he went to ICE for advice on how to punish the legal guest workers.

And, boy, did he get it. Here's ICE's very helpful suggestion: "Don’t give them any advance notice. Take them all out of the line on the way to work; get their personal belongings; get them in a van, and get their tickets, and get them to the airport, and send them back to India." This is, as a local immigration lawyer pointed out, highly illegal. Private companies are not allowed to carry out their own deportations (especially not as retaliation for workers asking for fair labor conditions), and they're obligated to inform Citizenship and Immigration Services, which deals with visa status.

But wait -- there's more! Signal tried to carry out the dark plan. Unfortunately for them, immigrant advocates blocked the van from leaving the gate. So Schmoor went back to ICE for further advice. This time, apparently he was worried about other workers quitting in protest. ICE assured him he had nothing to worry about! Any employees who left their job would be immediately pursued, detained, and deported by ICE, "if for no other reason than to send a message to the remaining workers that it is not in their best interests to try and 'push' the system." Again, "push" the system meaning "stand up for their rights."

Hundreds of Indian workers have now hit the Signal with a civil rights lawsuit for labor abuses and human trafficking. The labor abuses are fairly obvious. And the situation certainly has the hallmarks of human trafficking: The workers were tricked into coming into the United States with false promises. Then, they were coerced into working on undesirable terms, their ability to leave restricted by the debt recruiters had led them to incur in their home country and by the threat of deportation for leaving their job or requesting their labor rights. Fraud and coercion are two of the hallmark elements the U.S. Trafficking Victims Protection Act looks for in determining who is a modern-day slave.

Finally, the fact that the workers were living in a labor camp, and that the company had the ability to go in, grab employees and their belongings, and whisk them off in a van with the intent of sending them to another country, gives the whole thing that a bitter human trafficking taste. Good to know that ICE is so helpful when it comes to supporting labor violations and human trafficking.

Photo Credit: Abhisek Sarda

United States Student Association Supports Undocumented Peers

Kemi Bello — 2010-02-03T11:00:00-08:00

Last week, the country's oldest and largest student-led organization, the United States Student Association (USSA), passed a resolution in support of Representative Luis Gutierrez's (D-IL) comprehensive immigration reform bill, CIR ASAP.

In the debate over the rights of undocumented students, people too often overlook the the importance of fellow students' perspective. These are the youth who grew up side by side with undocumented students, before they ever understood what it meant to be "undocumented." These students were their equals, their teammates, their study buddies, and their friends. This equal relationship lasts usually until senior year in high school, when the undocumented students are forced to watch their peers happily start new chapters in their lives, while they are left behind.

Left behind, but not forgotten. The USSA's Board of Directors is composed entirely of college students from across the country, and the organization has an active presence on over 400 college campuses. And this broad coalition of students chose to make the DREAM Act, along with Student Aid Reform, one of its key legislative priorities for 2009 and 2010. It's recent decision to support CIR ASAP stems in large part from the fact that the legislation includes a DREAM Act provision to address the plight of undocumented youth brought to the U.S. at a young age.

The student voice -- whether that of an undocumented student, citizen student, LGBT student, student of color, minority student, or veteran student -- is awakening in America. In the words of Mary McLeod Bethune, a civil rights leader, "We have a powerful potential in our youth, and we must have the courage to change old ideas and practices so that we may direct their power toward good ends."

Each year, at USSA's annual Grassroots Legislative Congress, or LegCon, students are empowered to live up to this message, take lobbying into their own hands, and make their voice heard on the Hill. Senator Richard Durbin (D-IL) spoke at LegCon 2009 regarding the DREAM Act and stated that, "We need justice for the young people in this country who want to give back to America."

In these times when we're constantly reminded of American students falling further behind in education levels in comparison to other countries, it is vital for students join the fight to increase education accessibility and affordability -- and, when it comes to undocumented students, to simply be allowed the chance to pursue higher education in the first place. The students of USSA agree, and they are building a powerful youth movement calling for true change, fighting for the deferred dreams of their peers.

Photo credit: takomabibelot

Census Chief Arrives in Texas With Cops to Alleviate Immigrant Fears

Prerna Lal — 2010-02-03T07:23:00-08:00

Because nothing says "you can trust us" like police vehicles and unmarked white vans accompanying government officials into immigrant neighborhoods.

Spurred by some healthy criticism, the United States Census Bureau decided to increase outreach to immigrant communities in order to reassure immigrants about the 2010 Census. Along with Representative Henry Cuellar, the Census Bureau Director Robert Groves took it upon himself to tour immigrant communities near the borderlands of Texas where the stakes are high.

United States border counties are, historically, the most under-counted regions during the decennial census. A proper count of everyone in the state might mean up to four more seats for Texas in the House of Representatives. An under-count means less benefits for everyone in the state.

While harboring good intentions, Groves, Cuellar and representatives from the U.S. Census Bureau showed up in Laredo, Texas, with police cars and large white vans, scaring several immigrants in the process. I am not sure what Mr. Robert Groves was thinking, but showing up with law enforcement and ICE-type vehicles is not the way to alleviate immigrant fears and earn trust.

It looks like the Census Bureau needs to do more than just outreach, hiring, and translation of materials.

Try again.

Photo Credit: kencf0618

Flourishing Military Recruitment Plan Stalled

Danny Rangel — 2010-02-02T17:05:00-08:00

A successful program created by the United States military to recruit skilled immigrants has been stopped in its tracks by the Defense Department. What began as a pilot program in February of last year has since become a thriving strategy for increasing the ranks of skilled personnel in the country's armed forces -- up until the very moment it came to an unnecessary halt.

Although the military has attracted generations of talented service members, the relatively recent advent of a volunteer army along with renewed military engagements abroad have necessitated more aggressive recruiting practices. The recently stalled program involved recruiting skilled immigrants in America on temporary visas and offering a path toward citizenship in return for the use of an immigrant's language, medical, and other skills.

Given the increasingly difficult and sometimes prohibitively expensive process of gaining American citizenship, many immigrants have welcomed military service as a means of becoming citizens. Within a very short span of time after the program's creation, the Army exceeded its recruiting expectations; yielding, by its own account, particularly high-quality servicemembers. In the hopes of qualifying for the program, more than 14,000 immigrants have contacted the military and passed a first round of vetting.

For the pilot program to continue, the Defense Department needed to complete a review of the (clearly successful) program. Instead, it opted to drag its heels. No doubt, the general incompetence of a government bureaucracy played a role here. Unable to see a good thing in front of them, the Defense Department instead chose a route that hurts our military, as in the case of another senseless decision regarding nine Army linguists dismissed because they were discovered to be homosexual.

Let us not forget that America is in the midst of two wars, which demand the skills of those who are willing to serve. Although the current economic crisis has, for the time being, dramatically increased recruiting numbers throughout the country, the increased troop presence forecast for Afghanistan, the ever-dangerous situation in Iraq, aid efforts in Haiti, and other foreign military commitments require a steady stream of new service members. At the very least, more American troops would relieve veteran soldiers subjected to dangerously long tour duties and time away from their families.

In addition to the plan's obvious strategic advantages, the moral value of allowing skilled immigrants to gain citizenship and hopefully create better lives for themselves and their families is immeasurable. Right now, there are immigrants who are ready and willing to serve their adopted country -- volunteering in a time of war no less, with a real threat of harm, when the average American citizen (in fact, an overwhelming number of Americans) is more than happy to sit on the sidelines. This is a much easier, much more worthwhile path to citizenship than any proposed by Congress, one with positives that far outweigh any negatives, and we've decided to simply sit on it.

There is no doubt: the federal government enjoys working at a snail's pace. It loves to start crucially important reforms and then decide to take an absurd amount of time finishing them (health care anyone?). It has failed to promptly deliver results when they are most needed, as in the case of the bungled response to Hurricane Katrina. And it is far too common for the government to put pressing initiatives on the back burner and never return to them. But having skilled personnel in our military, now more than ever, is of critical importance.

Photo By: Greg Westfall

Swiss People's Party Continues Xenophobic Attacks, Now Against Germans

Alex DiBranco — 2010-02-02T14:54:00-08:00

When the far-right Swiss People's Party (SVP) wanted to ban minarets in Switzerland, somehow they managed to turn a xenophobic and Islamophobic campaign into a "women's rights" agenda. But there's no fancy, pretend-progressive way to dress up the SVP's latest instance of xenophobia, this time targeting German residents in the city of Zurich.

The Swiss People's Party is best-known for its anti-immigration, anti-foreigner stance, including advocacy of extreme policies such as deporting entire immigrant families if one child commits a violation of Swiss law, opposing entrance into the European Union, and spouting the typical talking point alleged by nativists worldwide that immigrants increase crime. In 2007, controversial SVP campaign posters featuring a clique of white sheep giving a black sheep the boot visually illustrated their viewpoint. After all, what's a successful right-wing extremist party without a scapegoat?

What most bothers the SVP in this case, it seems, is all those German professors -- what it refers to as "German sleeze" -- muddying up its university halls and daring to give youth in Switzerland a good education, according to Spiegel Online International. (Although the party certainly doesn't bother to limit its attacks to higher education instructors.) Since a form of German is the official language in Zurich, and the first language of almost 80% of residents, immigrant and native-born, the language barrier that many immigrants seeking work face is mostly moot for Germans.

Of course, it isn't quite the professional takeover SVP portrays it as, since there are still significantly more Swiss professors, but why admit that maybe you just weren't that strong a candidate when you can use xenophobia to blame the system? That's essentially what one of the primary organizers of this anti-German campaign is doing, in bitterness after a German applicant was chosen for a professorship that he had applied for. Oh wait -- he claims, "It's not about me." How convincing.

The specter of hate crimes grows more distinct as xenophobic sentiment takes hold, with Zurich police reporting that German residents have received threatening letters. One, sent to a woman who has spent the past three decades of her life living in Switzerland, read: "The bullet is waiting for you, you miserable German." Unfortunately, as with the minaret ban, this anti-German campaign seems to be moving from the far-right fringes into the mainstream, and the SVP will only amp up the rhetoric if it seems to be gaining positive attention from voters in time for next month's municipal elections.

Photo credit: Guerin Nicolas

Immigrants Have A Right To Fear the 2010 Census

Prerna Lal — 2010-02-02T07:00:00-08:00

To be counted or not to be counted; that is the question.

The Vitter-Bennet amendment to prevent undocumented immigrants from partaking in the 2010 census flunked last year, but a new report from the Asian American Legal Defense and Education Fund (AALDEF) highlights several shortcomings in United States Census Bureau outreach to immigrants.

The AALDEF reports notes insufficient support and misinformation from census specialists, including bad translations and persistent concerns about confidentiality of census data. Also, the Commerce Department, which oversees the Census, has refused to ask the Department of Homeland Security to suspend raids in immigrant communities as it did in 2000. While DHS has slowed down on large-scale community raids, it still raids immigrant workplaces and homes. No doubt, this has irked immigrant rights groups and roused long-held suspicions in immigrant communities.

Ask the Commerce Department to take action now to alleviate fears in the immigrant community.

There has been evidence that census data played a role when the United States government rounded up more than 120,000 Japanese-Americans into internment camps during World War II. Although the Census Bureau today makes assurances that the information collected is confidential, given that bit of history, it would be disrespectful to disregard understandable immigrant fear of official statistics. At the same time, there are important reasons for immigrants to be counted.

With poor government outreach, even a one percent under-count means more than 3 million people missing, which typically translates into more people shortchanged in terms of political representation and federal aid. Census data is used to reapportion congressional seats in addition to dividing up billions amongst states on the basis of population. Giving less money to a state such as California or New York due to an under-count does a gross disservice to everyone in the state, and not just the immigrant population, since the state would face greater budgetary shortfalls.

Hence, tangible fears concerning the census do exist and merit more than just arrogant official dismal. Now within weeks of launching, the Census Bureau must do a better job of reaching out to immigrant communities while the Department of Commerce must apply pressure on DHS to suspend raids if they want to get the most accurate count of everyone in the United States of America. Mere lip-service just won't cut it.

Photo Credit: Nathan Jongewaard

Senator Graham: No, Comprehensive Immigration Reform Is Not Amnesty

Alex DiBranco — 2010-02-01T16:02:00-08:00

I pointed out recently that immigration reform need not put all its hope in the Democratic party -- while all donkeys might not support comprehensive immigration reform, all elephants definitely don't oppose it. And Senator Lindsey Graham (R-SC) is one of the Republicans who proves that statement.

In an interview with the Atlantic last week, Graham went up against Republican cries of "amnesty" targeted toward derailing comprehensive immigration reform. He points out that, actually, the solution expected to be proposed in the Senate and the CIR ASAP bill in the House are not amnesty by any stretch of the word. Amnesty would just say hey, undocumented immigrants currently living in the United States, you can all just keep hanging out, no fines, no background checks, no six years of conditions to be met before you can even become a permanent resident. The current and expected proposals in Congress are far from offering that.

The amnesty monster (oh! the horror!) is a distraction tactic to divert attention from what is actually being proposed, and what we really need: a means for undocumented immigrants to "come out of the shadows," as Graham says, stop living in fear of deportation, and embark on a pathway to "get right with the law."

CIR ASAP would require undocumented immigrants that have contributed to the U.S. (through work, studying, and/or military or community service) to pay a fine and undergo a background check that shows up clean, with no serious convictions, in order to obtain a conditional legal residence. They would then have to wait a full six years before applying for a green card, during which time they need to demonstrate that they have continued to contribute to the U.S., chipped in with taxes, kept crime-free, learned English, and met certain civic requirements.

Graham says, yes, we need more border security. And he's concerned with making sure that by fixing our broken immigration system, we won't have large numbers of undocumented immigrants in the future. (After all, no immigrant really wants to be undocumented, to live in fear of deportation.) But he also makes it clear that if "amnesty" means any kind of pathway to legalization, then the alternative is deporting or imprisoning 12 million undocumented immigrants (many of them children), which is just "not practical."

It doesn't exactly seem like we have a spare $100 billion lying around -- the expected minimum amount it would cost, not including the harder to pin down expenses such as tracking down undocumented immigrants and court fees when unjust deportation is challenged, according to Immigration and Customs Enforcement itself. This is more than double the total yearly budget for the entire Department of Homeland Security, which has bigger priorities like actually keeping America safe from terrorists.

I don't always agree with Senator Graham, but in this case, it's good to see somebody speaking truth to the Republican Party from within.

Photo credit: lgraham.senate.gov

TSA Evolves to Play Derogatory Jeopardy Game

Prerna Lal — 2010-02-01T08:09:00-08:00

Recently, the Department of Homeland Security conducted a study, which showed that TSA officials might need to be prone to stereotyping and less evolved in order to identify threats.

The Transportation Security Administration in Florida is taking the recent DHS study results seriously. Michael A Jones announces on our Gay Rights blog that the TSA is going homophobic Jeopardy-style. CNN was recently informed that TSA supervisors at an air marshal field office in Orlando, Florida, play a Jeopardy-style game in their office to identify gays, lesbians, and African-American passengers in categories such as “pickle smokers,” “our gangs,” and creatures. The “undocumented Mexicans” can breathe a sigh of relief temporarily.

I am still trying to figure out how identifying minorities on a flight serves national security interests, but maybe the TSA can give us a press release to clarify. Are they afraid that the gays would launch into a dance number from Glee, stealing thunder from the air hostesses, or that the pilot(s) might get too distracted about the prospects of lesbians fulfilling their ultimate fantasies? And well, it is no laughing matter that African Americans are still treated like criminals by association in this country.

In response to these South Park-style allegations, the TSA confirmed an internal investigation will be underway until everyone can forget that this ever happened. After all, internal audits and investigations for a non-transparent, non-elected body work so well in our country.

In the meantime, it is quite reassuring to know that DHS wants us to undergo full body scanners, which are already costly and ineffectively, with these officials watching us. Clearly, they are working hard and doing their best to make us feel safer.

Photo Credit: billypalooza

Philadelphia and Chicago Call for Immigration Reform

Alex DiBranco — 2010-01-31T19:42:00-08:00

Two major cities, Chicago and Philadelphia, swung their weight behind comprehensive immigration reform this week.

In the aptly-nicknamed "City of Brotherly Love," the Philadelphia City Council passed a resolution telling Congress not to head for the hills on comprehensive immigration reform. Of course, Philly has a strong record on immigration issues, perhaps because immigrants have done so much to pick up what was a seriously flagging economy. Last year, the City Council urged support for the DREAM Act, to help students brought to the United States as children establish a secure residency. And Mayor Michael Nutter encouraged undocumented immigrants to help keep the city streets safe and report crimes to police by broadcasting a policy that city employees wouldn't ask questions about immigration status. Ah, Philadelphia, what a fine tradition you have -- you saw the Declaration of Independence signed, are home to the Liberty Bell, and support a just immigration system.

Sadly, there's a blemish on their shining pro-immigration reform stance: Rep. Patrict Murphy (D-PA), one of the Blue Dog Democrats, signed on to a bill recently introduced in the House that would deny undocumented immigrants any means of embarking on a path to legalization. Local immigrant rights groups and working to bring Murphy on board with the City Council and the mayor.

Meanwhile, the Cook County Board -- which includes Chicago, IL, in its jurisdiction -- also called for "just and humane" immigration reform that provides a path to citizenship for undocumented immigrants. Illinois is also home to six of the House Representatives co-sponsoring CIR ASAP, including the head honcho on this bill himself, Luis Gutierrez. Thanks to the Windy City for not leaving immigrants out in the cold!

Photo credit: basykes