Immigration

Roberto Lovato on 287(g) and Racial Profiling

Published July 31, 2009 @ 08:45PM PT

Analisa may have mentioned this in comments recently, but I wanted to direct readers to Roberto Lovato's excellent piece this week at Alternet.  Roberto wonders, in the context of the racial profiling of Professor Gates, whether President Obama's commitment to combating racial profiling extends to everyone in this country:

"The nice speeches on race clash with the fact immigration enforcement is actually up under Obama; the levels of those incarcerated for immigration-related offenses look like they did during the Bush administration," said Muentes, whose organization advocates on behalf of detained immigrants. "Obama's speeches on racial profiling seem to leave out a lot of people. They exclude many immigrants, people for whom every aspect of their life is subject to racial profiling; people who are stopped while riding trains, people persecuted at work, people stopped while driving and all those families whose homes are terrorized by raids."

Most disturbing to Muentes and other immigrants-rights and Latino activists, many of whom have been ardent Obama supporters, was a very low-key announcement made on a late Friday afternoon just days after the president's NAACP speech on racial profiling by Department of Homeland Security Secretary Janet Napolitano that the Obama administration would not just continue, but actually expand what advocates say is one of the fastest-growing, most troubling racial-profiling programs of the federal government, the 287(g) program.

Is President Obama committed to ending racial profiling or is he committed to 287(g)?  As the program is currently structured and implemented, he cannot be both.

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Comments (19)

  1. Wire Paladin

    I don't get it?  Racial profiling can occur in any aspect of law enforcement - street crime, murder, tax evasion, stock fraud, drug sales, drug use, domestic abuse, home invasion, forgery, etc. - as well as immigration law enforcement.  So why are you trying to connect racial profiling with 287g?  Don't really make sense.

     

    Posted by Wire Paladin on 08/01/2009 @ 02:36AM PT

  2. R. Jay Pearson

    Maybe because Davide writes a blog on Immigration?  And maybe because a recent GAO report revealed concerns that 287(g) authority could lead to racial profiling?  Just guessing.

    Posted by R. Jay Pearson on 08/02/2009 @ 10:23AM PT

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  4. Wire Paladin

    Mark,

    I think this whole sanctuary city phenomenon is having unintended consequences.  If you don't enforce certain laws in various pockets of the nation, what happens is that you attract the people who violate those laws to those pockets.

    We should have one law of the land - enforced throughout.  Make sense to me and most Americans.  That's what 287g is all about.  But who would oppose 287g?  Lemme think ..... hmmmm??  

    Posted by Wire Paladin on 08/01/2009 @ 08:17AM PT

  5. R. Jay Pearson

    The objective of the 287(g) is (and I quote):  "to address serious crime, such as narcotics smuggling committed by removable aliens." (Source)  Instead of being enforced as intended, 287(g) authority is being remarkably misused.

    And so yes, who would oppose a law that is ripe for misuse and misapplication?  Lemme think ..... hmmmm??

    Posted by R. Jay Pearson on 08/02/2009 @ 10:28AM PT

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  6. Liquids Reign

    lets complete your sentence: however, ICE has not documented this objective in program materials. What it seems to mean is that the DHS Secretary can make the rules and implement them into MOA's and the local agency's involved can agree and remain in the program. The words used in the agreement are just as important as the words that have been left out. I suggest you read what the agreement says and then realise what it is that is stated, maybe then you will see whats written on the blank page.

    Posted by Liquids Reign on 08/02/2009 @ 02:10PM PT

  7. R. Jay Pearson

    You are actually reinforcing my point, Liquid Reigns.  According to the GAO report, the fact that the 287(g) program, per ICE's administration of it, "lacks documented program objectives to help ensure that participants work toward a consistent purpose" is part of the problem with how 287(g) is being implemented contrary to its objective.

    More from the GAO report:  "ICE is statutorily required to supervise agencies participating in the 287(g) program, and internal control standards require an agency's organizational structure to clearly define key areas of authority and responsibility."

    By virtue of the fact that there is a severe lack of controls in the 287(g) program, ICE is violating its statutorily mandated responsibilities.

    Posted by R. Jay Pearson on 08/02/2009 @ 03:18PM PT

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  8. Liquids Reign

    And here I read it as this is what the GAO is recommending to DHS in regardss to the 287(g) program, and to think Napolitano changed the MOA's to the recommendations already. So in this regards how exactly is ICE violating its statutorily mandated responsibilities.

    Posted by Liquids Reign on 08/02/2009 @ 06:32PM PT

  9. R. Jay Pearson

    Per DHS Secretary Janet Napalitano's recent order (see here), once ICE implements the recommendations from the GAO and follows the new MOA structure, then it will be compliant with its statutorily mandated responsibilities.  Whether ICE is actually doing that, though, has yet to be demonstrated.

    Posted by R. Jay Pearson on 08/02/2009 @ 07:22PM PT

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  11. Some found reassurance in statements like the one Obama made about the Gates incident last week: "…what we know separate and apart from this incident is that there is a long history in this country of African Americans and Latinos being stopped by law enforcement disproportionately. And that's just a fact."

    But when they heard the crushing sound of new reports documenting the effects of the Obama administration's treatment of immigrants, the president's Martin Luther King-like cadences on racial profiling rang hollow.

    And how!  I love the way Roberto Lovato lays it down.  I think we are at a tipping point here in terms of our activism.  This is the time to call Obama on his hypocrisy on this issue, and strike while the iron is still hot.  I hope everyone will sign Manuela's pledge "Tell Secretary Napolitano to stop the expansion of the program, and to abolish it altogether!"  By expanding the 287(g) program, Obama is continuing the war on immigrants and Latinos, and showing his support for racial profiling. So please call, write, make noise! Tell President Obama, We say NO to 287(g) and racial profiling!  Carpe diem!

    Posted by a d on 08/01/2009 @ 06:28PM PT

  12. I hadn't seen this article, so thanks for sharing it. :-) I was referring to interview with Roberto and Aarti Shahani on DemocracyNow. 

    http://www.democracynow.org/2009/7/29/obama_admin_expands_law_enforcement_program

    Posted by a d on 08/01/2009 @ 06:31PM PT

  13. Mary Pranzatelli

    Forgive me Analisa if I hadn't signed Manuelas pledge yet. I must go and look for it amongst all the other pledges and sign it now. We really do need to hold the president to his promise of CHANGE on this issue. We do need to call him on his hypocrisy.

    Posted by Mary Pranzatelli on 08/02/2009 @ 11:32PM PT

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  14. R. Jay Pearson

    It does seem like change that's very hard to believe in.

    Posted by R. Jay Pearson on 08/05/2009 @ 09:16AM PT

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  15. Mary Pranzatelli

    Tonight we have a pool picnic scheduled with my NJCrights for Immigrants group were we can enjoy and discuss a future direction of the group. Maybe I will get some perspective from the few of them that remain in the group and I will get their opinions on the 287g program. It has been quite this summer and it seems like my group is going through its own transition period amongst friends. I am new to the group and they have been around since around 2002 so I am sure we will re-group after the summer. Hopefully they will resolve various issues and decide what direction we will go in and unite with one another so that they we can focus on this issue that needs desperate attention with a strong movement nationwide.

    Posted by Mary Pranzatelli on 08/05/2009 @ 10:20AM PT

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  17. Mark  Lindley

    No, Jay it is called criminal profiling.   As I said, if a white male commits a crime, who do you think will be questioned?   Black females?

    Posted by Mark Lindley on 08/02/2009 @ 04:33PM PT

  18. R. Jay Pearson

    Well, then, Mark, where immigration enforcement is concerned exactly how do you propose ICE target its Latino suspects?

    Posted by R. Jay Pearson on 08/02/2009 @ 05:07PM PT

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  20. R. Jay Pearson

    But Mark this doesn't answer the specific question about how ICE is to target Latino suspects.  Since, of course, 80% of illegal immigrants are Latinos, right?  So according to you, since it aint the white guy who committed the "crime" but a Latino guy, how do you propose ICE target Latinos suspected of being illegal immigrants?

    Posted by R. Jay Pearson on 08/02/2009 @ 07:10PM PT

  21. R. Jay Pearson

    Mark Lindley you have not yet answered my question about how ICE is to target Latino suspects.  Since, of course, 80% of illegal immigrants are Latinos, right?  So according to you, since it aint the white guy who committed the "crime" but a Latino guy, how do you propose ICE target Latinos suspected of being illegal immigrants?

    Posted by R. Jay Pearson on 08/05/2009 @ 09:18AM PT

  22. Mark  Lindley

    Mr. Pearson,  maybe I am a little slow but I didn't quite understand your question.   ICE does not target certain ethnic groups per se.  They have to have reasonable suspicion (by tips, etc.) that an immigration violater is either working or living in a certain place.  They are usually Latino by virtue of them being here illegally by a huge majority.   If someone provided a tip as in the above it will most likely will be someone of that ethnic group then.   When ICE moves in and starts their line of questioning although white guys may be employed there also based on the tip, it would make no sense to question them.

    Posted by Mark Lindley on 08/05/2009 @ 10:42AM PT

  23. Mary Pranzatelli

    Jay, anyone could give ICE police a tip based on the "stereotype" that if the person was latina then they make an assumption that they are undocumented. Anyone that debates you and does not recognize that there is this obvious "stereotype" nationwide is in serious denial or choses to ignore the truth because they wish to continue these broken Immigration policys that we face.

    The "287g" program needs to go bye..bye because if local police were to act as immigration agents the "stereotype" would get way out of control. My guess is if the "287g" program expands in a bad way you are going to see a nationwide movement of protests because I really do not think that local enforcement could handle this kind of power without abusing it in certain areas and circumstances. We have already seen a nightmare in Morristown, NJ. and other towns where they abuse power and the residents of areas end up with huge tax increases on their properties do to lawsuits when abuse takes place with the 287g program.

    Again, 287g is not a solution to the broken Immigration system. 287g is a continuation of a problem that costs Americans way too much in tax dollars at the profits of the private prison industry and an expansion of government contracts and law enforcement jobs. It is funny how some of these anti-immigrant advocates try to advocate that the president is into "socialism" yet they are the very people that are advocating for more government officials and law enforcement at the tax payers expense. They never make much sense to me.

    They advocate forcing people to have babys, split up their familys leaving single female woman with no other choice to go on welfare because they have ripped the significant other "the financial support" of the family. They advocate against welfare yet they are really good at advocating situations that corner people into utilizing the welfare system.

    Well, what does make sense to me is that they aren't the sharpest tools in the shed.

    Posted by Mary Pranzatelli on 08/05/2009 @ 01:25PM 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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