Immigration

Immigration Raids Increase Pressure to Migrate

Published August 02, 2009 @ 08:40AM PT

Your weekend links:

  • In the context of the Gates arrest in Massachusetts, Maria-Theresa Hernandez writes about her experience with a border patrol officer (ICE wasn't formed until 2003) a decade ago.

    About 10 years ago, I was crossing the international border to the United States from Mexico with my cousin, who is a Mexican citizen. She was going to visit me for a few days.

    The ICE officer she was speaking to about a tourists visa was outrageously rude. She is a retired school teacher, which is stated on her I.D. Instead of using the word "retirada" (retired), he said she was "retardada" (retarded). She and I were shocked at his audacity. Yet, neither one of us said anything. You cannot say anything to an ICE officer, or he'll find a way to make your life miserable. In that particular situation, she would not have been able to cross over with me.

    Unfortunately, while not true of all ICE and CBP officers, disrespect and abuse of power are still prevalent among many.  I see this as an attorney with my clients--far worse goes on when no attorney is present.

  • Representatives of the Inter-American Commission on Human Rights visited U.S. immigration detention centers recently and found that "many men, women and children detained in those facilities are held in unacceptable conditions, and the right of those persons to due process remains, in many cases, compromised."  The ACLU has more.
  • Aspiring immigration lawyer Cynthia Mazariegos guest-blogs at Latina Lista about her trip to Guatemala to visit Postville deportees.
  • Yet, the bigger question is: Did the raid deter future migration to the United States? No.

    The reality of the severe poverty found in Guatemala is still enough reason for fathers, mothers, and children to leave their families behind and make the life-threatening migration north. What the massive raid in Postville did was to create more financial difficulties for a population that is already in poverty.

    She also reminded me that family separation is a problem for families in sending countries as well as those that travel to the U.S. or form here.  Children in entire communities grow up without one or both parents, who have traveled abroad for work to support the families they've left behind.

  • And Frontline journalists Greg Brosnan and Jennifer Szymaszek went to Guatemala and Postville to interview people in the aftermath of the federal raid.  Watch the video here.
  • Glenn Greenwald explores how both Bill O'Reilly and Keith Olbermann have been censored by their corporate masters at GE and News Corp.  But this is emblematic of how U.S. journalism too often bends to the will of corporate conglomerates.
  • Dee brings word that Minuteman and former Aryan Nations soldier Gunny Bush is now a suspect in a fourth murder, this one in 1997 in Washington state.  Bush is separately charged with the murders of nine-year-old Brisenia Flores and her father Raul.
  • Writing in the Washington Blade, Julie Kruse from Immigration Equality encourages LGBT voters to support a comprehensive immigration reform package that includes an option for Americans to sponsor their same-sex partners for legal residency.  Bringing the broader LGBT community into the debate adds momentum for both positive immigration reform and LGBT equality, she argues.
  • To give credit where due after I wondered whether Senator Schumer was getting his immigration talking points from restrictionist websites, he has now written in the Buffalo News that "Daniel Stein, head of an extremist group called FAIR [the Federation for American Immigration Reform], distort[ed] my position on immigration in order to scare the American people using false and distorting arguments."
  • Underground Undergrads tells us that Education Secretary Arne Duncan now supports the DREAM Act.

[Image: Guatemalan Human Rights Commission meeting with Postville deportees. (Michelle Cassel, via Latina Lista)]

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Comments (16)

  1. Kurt Thialfad

    "Immigration Raids Increase Pressure to Migrate" is a dubious premise and smacks of blackmail.  That the US should abandon enforcement because it only makes matters worse.

    People in Guatemala have been living successfully for thousands of years.  The only reason the poverty rate is so high is because it is being measured by our standards of poverty.

    And the idea of extending immigration rights to partners of LGBT couples is only going to increase the incidence of fraud.  Why not introduce a visa tied to the marriage contract, so that when the divorce happens, the visa is voided.  That would reduce greatly the incentive for fraud.  

    Posted by Kurt Thialfad on 08/02/2009 @ 09:54AM PT

  2. Dave Bennion

    There are extensive anti-fraud procedures in place already for hetero couples, including a 2 year conditional period after which the green card can be revoked if the marriage terminates and it is shown not to have been a good faith marriage at the inception.  There are problems with the way USCIS implements these policies, but right now LGBT couples aren't even eligible to participate.  The fraud argument can be addressed--most who make it don't know how the existing rules work.  Half the time my complaint about restrictionists' arguments is simply that they don't know how the system currently works.

    Posted by Dave Bennion on 08/02/2009 @ 10:29AM PT

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  4. Kurt Thialfad

    Regardless, my premise is true because there already is a certain frequency of fraud in hetero marriages.  By increasing the pool you will logically have more fraud occurring and a bigger policing job to be done by the ICE/ICIS people

    they don't know how the system currently works.

    This a great point, Dave.  Americans don't know how the systems work, while every foreigner knows 100 times more about the US immigration system than the average American.  How can you understand a train if you've never ridden on a train?

    Posted by Kurt Thialfad on 08/02/2009 @ 10:09PM PT

  5. Dave Bennion

    You're saying that any increase in anti-fraud monitoring that USCIS has to undertake outweighs the infringement on the rights of LGBT citizens to sponsor their partners?  Way to take a moral stand ... at least tell us you don't like gay people or something ... your argument doesn't hold up under any moral scheme, or even as a matter of efficiency. 

    Americans don't know how the systems work

    I believe that cuts against restrictionists.  If more Americans knew we were locking up children, splitting up families, deporting lifelong residents for minor drug charges, jailing asylum seekers and nannies, and barring spouses and parents of U.S. citizens from the country for 10 years to life, then there would be more pressure to change the current punitive system.  That is why this blog is as much as anything an educational project to tell people about what I see in court day in and day out.

    And Kurt, I get a vaguely libertarian vibe from you, which is why I don't understand your devotion to the restrictionist cause.  Does not compute.

    Posted by Dave Bennion on 08/03/2009 @ 05:14PM PT

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  6. Kurt Thialfad

    First of all, I'm not taking the moral stand.  Secondly, I am an environmentalist.  Does that compute now?

    Posted by Kurt Thialfad on 08/04/2009 @ 08:11AM PT

  7. Reply to thread
  8. Lara Nunes

    CHAPTER 2 -- QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND ALIENS

    INA: ACT 211- DOCUMENTARY REQUIREMENTS

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4

    Anyone with a brain to think knows, no papers or visa or passport is allowed into the USA or any country which has immigration laws.

     INA: TITLE III

     CHAPTER 2 -- NATIONALITY THROUGH NATURALIZATION

    INA: ACT 311 - ELIGIBILITY FOR NATURALIZATION

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4

    INA: ACT 312 - REQUIREMENTS AS TO UNDERSTANDING THE ENGLISH LANGUAGE, HISTORY, PRINCIPLES, AND FORM OF GOVERNMENT OF THE UNITED STATES

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4

    How many illegals in USA can READ,WRITE,SPEAK  English really knows the HISTORY of USA? ummmm not many .

    I have ridden the train of Immigration, but I and my parents entered Legally into this country, something we cant say for the illegals can we.

    Posted by Lara Nunes on 08/03/2009 @ 12:51PM PT

  9. Lara Nunes

    Citizenship

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=96719c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD

     What are the basic requirements to apply for

    naturalization?

    Generally, to be eligible for naturalization you must:

    Be age 18 or older;Be a permanent resident for a certain amount of time

    (usually 5 years but less for some individuals);

    Be a person of good moral character;Have a basic knowledge of U.S. history and government;Have a period of continuous residence and physical presence in

    the United States; and

    Be able to read, write, and speak basic English. There are

    exceptions to this rule for someone who:

    - Is 55 years old and has been a permanent resident for at least

    15 years; or

    - Is 50 years old and has been a permanent resident for at least

    20 years; or

    - Has a permanent physical or mental impairment that makes

    the individual unable to fulfill these requirements.

    Referance:

    M-565 (August 2008)B3—I Am a Permanent Resident…How Do I…Apply for U.S. Citizenship?

    http://www.uscis.gov/files/article/B3eng.pdf

    Posted by Lara Nunes on 08/03/2009 @ 01:51PM PT

  10. Lara Nunes

    Funny how alot of americans understand this sort of thng when they have families locked for crimes they committed , doing drugs, etc... that is because they broke the laws.

    But the people Dave want to save, have also broken laws, so why is it, when americans who does a crime they have to be locked up, but when an illegal does a crime you want to free them...  tells me what side of the law you stick too... so sad ..

     

    Posted by Lara Nunes on 08/03/2009 @ 07:55PM PT

  11. L.S. hope

    Maybe this will explain the reason so many Americans are anti-immigration. Research, Loz Voz de Aztlan. Some of the videos I've watched on You Tube, and other sites, would rival any white power groups.

    Mr. Bennion, this isn't scary because these people are Latino. This is scary because they are calling for the genocide, of everyone that is not.

    Posted by L.S. hope on 08/04/2009 @ 02:47AM PT

  12. You are right about La Voz de Aztlan...it is a hate group, but definitely out there on the fringe. It has no real following among Latin@s or mainstream Latino organizations like NCLR, which has condemned "Voz" and its rhetoric of hate. Dave Neiwert does a good job of putting this in perspective:

    Just for some clarification: There is in fact a Latino hate group called La Voz de Aztlan which does propound a racist vision of a Latino "Aztlan" homeland encompassing the American Southwest. It is a tiny fringe group with no large following and no known influence among Hispanic activists or in the larger Latino community.

    [...]

    ...the obsession with "Aztlan" -- which, as far as Latinos are concerned, mostly appears in a few relatively obscure '60s-era documents and among a fringe hate group -- has for most of the past decade and longer been almost exclusively the purview of white supremacists: American Patrol, VDare, American Renaissance, the National Alliance, the CofCC, the Barnes Review, and the like.

    So when you hear talk about "Reconquista" -- which has not appeared in any MEChA documents or speeches -- the chances are nearly certain that this is where the talk originates. That's who draws up these maps, and touts the claims of an "invasion" incessantly.

    http://dneiwert.blogspot.com/search?q=voz+de+aztlan

     

    Posted by a d on 08/04/2009 @ 01:15PM PT

  13. L.S. hope

    Ms. Analisa, I wish you were right. Unfortunately, the foothold they've gained in my area alone, is many more than a few thousand. I wrote in a prior post, about people hanging pictures of Mexican Revolutionaries, in the windows of their  homes. (I purposely left out names like Aztlan, Cha/Chavez, because I was hoping Mr. Bennion would address this radical movement, and reprimand them, as he's done with the white power groups.)When Mr. Bennion post articles on white hate groups, people like myself are quick to point out that we do not follow them. I've even found myself making excuses, or trying to rationalize their stupidity. When the truth is, there is no reasonable justification for this behavior.

    It is unfortunate on MEChA's part, that Aztlan has linked themselves, in their videos/propaganda, to The MEChA Organization. I would say the same for the average white Americans, in regard to the KKK.

    I've pointed out in the past, that the racial tension in my area is almost unfathomable. In the county next to the one I live in, there is a man that brands his cattle with a swastika. I can't pick a side. If a white power group found out my maiden name, I'd be in trouble. My skin is way to white to side with the Aztlan movement. I know these two groups will inevitably reach a boiling point. My county would most likely be ground zero. That is why this issue is so worrisome to me. 

    Posted by L.S. hope on 08/04/2009 @ 02:17PM PT

  14. Reply to thread
  15. Mark  Lindley

    Again, what and who is a restrictionist?   Laws are restrictive by nature.  Who the heck coined such an idiotic word for human beings?

    So someone who follows the laws of their country is a restrictionist?   What do you call those who don't then?  I call them law abiding and non-law abiding citizens. 

    Funny how those who cry about the usage of the legal term of "illegal alien"  formed by our own government find that offensive but have no problem inventing words like "restrictionist".   I find it offensive because for one it doesn't make sense and because it is meant as a negative on a segment of our population.  

     I try to avoid the usage of the proper term for those in our country illegally in here (even though it is correct) because some find it offensive well how about returning the favor on the unwarranted and improper word of restrictionist for those who only want our immigration laws respected and enforced?

    Posted by Mark Lindley on 08/04/2009 @ 09:07AM PT

  16. Mark  Lindley

    L.S. Hope, you have made many good points.   There is every bit of a reconquista movement in this country as there are KKKer's and white supremists.  All of them all on a small scale though. But to hear the other side talk anyone wanting our immigration laws enforced adheres to the phylosophy of those two "white" hate groups.  Yet they get all offended when it is pointed out that some on their side adhere to the reconquista movement when it is every bit as true.

    Posted by Mark Lindley on 08/04/2009 @ 03:27PM PT

  17. Mark  Lindley

    I saw a member of a MeChA chapter on a talk show years ago and he admitted that their agenda was to set up a separate nation for Chicanos in the southwestern U.S.  That is the existing reconquista movement still alive today.   It is where a mythical place called Aztlan supposedly existed eons ago. Well for one thing the Aztecs were from south of our border and weren't indigenous to the U.S.  So there never an Aztlan in the U.S. 

    Anyway, that organization took a lot of flack for their agenda and they have had to tone down the rhetoric in recent years but their agenda is still the same.   It just has gone underground mostly and never discussed or admitted to the American public anymore.  

    Posted by Mark Lindley on 08/04/2009 @ 05:35PM PT

  18. Gary Stein

    Stein for Governor, dateline Fort Lauderdale: visiting pop.  Dad is a quiet guy but he’s good for a zinger or two.  We were sitting at the pool and I was telling one of the men I know that nut job, me, was at it again and running for governor this time.  He said to my dad, “He’s running for Governor what do you think?”  These guys are always good for a little Yiddish here and there, and he replied, “Yeah in his ‘yenem veldt’ “   The beauty of Yiddish is that the words sound amusingly descriptive.  The other guy knew what it meant, not me,  but all of us laughed.  I said “what does it mean,” …as if I needed a translation.  Answer; “In his dreams”  I said, Dad  “spell that for me.”

    Sheriff Joe Arpaio (Boo hiss) and the PBS show NOW

    by Gary Stein Sat Mar 28, 2009 at 05:12:21 PM PDT

    http://www.dailykos.com/story/2009/3/28/19511/3016

    Posted by Gary Stein on 08/05/2009 @ 01:57PM PT

  19. Mike Fitzgerald

     

    I see above that you posted about Bill O'Riley. I was wondering if you had ever blogged about the dispicable things he said about the people who have recently been granted an eb5 investor visa. These are heard working people who only want to runa  business and bring money to the US economy, and he said that he thinks that mostly terorists and thieves are taking advantage of them. It was very disgusting and I was shocked that it did not receive more media coverage than it did.

     

    Posted by Mike Fitzgerald on 11/18/2009 @ 01:08PM PT

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Dave Bennion

David is an attorney in Philadelphia, PA, where he helps immigrants to the U.S. navigate the complex immigration legal system. Views he expresses at change.org are his alone and don't represent the views or opinions of his employer, Nationalities Service Center. The information contained on this site is intended for educational and advocacy purposes only.

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