by Catherine A. Traywick, Media Consortium blogger
Arizona lawmakers are expected to introduce an "anchor baby" bill today that would deny birthright citizenship to the U.S.-born children of undocumented immigrants. Modeled after birthright citizenship legislation unveiled by the nativist coalition State Legislators for Legal Immigration (SLLI) earlier this month, the measure is, unabashedly, part of a larger effort on the part of SLLI to challenge existing citizenship law in the United States.
by Catherine A. Traywick, Media Consortium blogger
The Senate failed to pass the DREAM Act Saturday, as Democrats fell five votes short of the 60 needed to advance the bill. The final vote was 55-41. While a Republican filibuster diminished the bill's chances of success, five Democrats sealed the measure's fate. Max Baucus (D-MT), Kay Hagan (D-NC), Ben Nelson (D-NE), Mark Pryor (D-AR) and Jon Tester (D-MT) crossed party lines to vote against the bill that would have created a conditional path to legalization for immigrant youth who attend college or serve in the military.
by Catherine A. Traywick, Media Consortium blogger
As a floundering Congress repeatedly impedes the passage of widely supported immigration measures like the DREAM Act, reform advocates are refocusing their efforts and calling on President Barack Obama to declare a moratorium on deportations.
by Catherine A. Traywick, Media Consortium blogger
A bill that would create a path to legalization for undocumented youth passed the House of Representatives Wednesday, and is now headed to the Senate. The DREAM Act, which has struggled for survival even amid steady and strong bipartisan support, could render more than 2 million undocumented immigrants eligible for conditional permanent residency if they attend college or serve in the military.
In the spring of 2010, President Barack Obama passed a momentous health care bill. Said bill dominated most of the political discourse during his first year; to date it constitutes one of the president's most substantial achievements.
In dealing with the issue of health care, Democrats faced a choice of whether to concentrate on cutting costs or extending coverage to the uninsured. For better or worse they chose to focus on the latter. Due to this choice, the health care bill is estimated to extend health care insurance to 32 million out of a total 55 million uninsured people.
This leaves, however, some 23 million people who will not benefit from health care reform. Some of these individuals will opt-out of buying health insurance voluntarily; for instance, young people may decide to pay a fine rather than buy government-mandated health insurance.
There is, however, a substantial population - numbering something like six to eight million people - who were unilaterally denied the right to health care. These people are some of the most despised in the United States, living in constant fear and harassment. They are almost all poor, disadvantaged, and denied the opportunity to advance in American society. Even a straight-A college graduate belonging to this population is confined to menial labor.
The Obama administration has also been antagonistic with this group of people. Indeed, Mr. Obama's health care bill explicitly prohibits undocumented immigrants from participating in the government programs it sets out.
by Catherine A. Traywick, Media Consortium blogger
It's a now-or-never moment for the DREAM Act, a bill that would provide a conditional path to citizenship for certain immigrant youth. The bill's prospects won't improve with next Congress' influx of Republican legislators, and thousands of undocumented students and their bipartisan supporters are urging the Senate to pass the DREAM Act. But as the Senate appears ready to finally vote on the landmark bill, state lawmakers are moving in the exact opposite direction.
Editor's Note: Happy Thanksgiving from the Media Consortium! This week, we aren't stopping The Audit, The Pulse, The Diaspora, or The Mulch, but we are taking a bit of a break. Expect shorter blog posts, and The Diaspora and The Mulch will be posted on Wednesday afternoon, instead of their usual Thursday and Friday postings. We'll return to our normal schedule next week.
by Catherine A. Traywick, Media Consortium blogger
While Arizona's draconian anti-immigrant law, SB 1070, was far from the first controversial immigration measure of its kind, it stands out as a hallmark of increasingly visible nativist sentiment. Numerous legal challenges and a federal injunction notwithstanding, the measure continues to inspire copycat legislation and attract millions in donations. Even as Arizona's legislature attempts to outdo itself by pushing increasingly outrageous bills, as Care2 reports, SB 1070 remains center stage.
(I've been meaning to write about this for some time. It's one of Obama's numerous "unforced errors" where there's no plausible way to blame Republicans for his continuation of hideous Republican policies. - promoted by Paul Rosenberg)
by Catherine A. Traywick, Media Consortium blogger
For the past several months, the Obama administration has relentlessly professed its commitment to targeting only the most dangerous "criminal aliens." But a new report released this week by the Immigration Policy Center suggests that misguided Immigration and Customs Enforcement (ICE) polices render the administration virtually powerless to fulfill its promise.
As Braden Goyette at Campus Progress reports, ICE's practice of outsourcing immigration enforcement to local police through the 287(g) and Secure Communities programs undermines the administration's stated priority of deporting "the worst of the worst." She writes:
By using these partnerships to increase its deportation figures, the federal government gives up control over front-line enforcement to local police, opening up the door to subjective judgment calls-essentially, all of the problems that plague everyday policing.
Law enforcement charged with enforcing immigration laws-particularly in areas where heavy enforcement is politically popular-routinely make discretionary arrests in direct defiance of the Obama administration's stated priorities. As a result, tens of thousands of undocumented immigrants have been deported because of minor crimes, such as traffic offenses.
A bigger issue, though, is that ICE's enforcement programs are fundamentally out of line with the Obama administration's avowed commitment to targeting criminals. The Secure Communities program, which requires local law enforcement agencies to share fingerprints with ICE, is a key example of this disconnect. The program routinely nets even the victims of violent crime. Secure Communities is expanding rapidly, despite its deviance from the agency's stated objective of pursuing criminals.
Sometimes watching cable news is a tiring endeavor. Seeing the same people yelling, the same old political arguments, and the same accusations can be wearying. Indeed, nowadays there is not actually much news in a cable news show. Instead it is mostly political entertainment.
This blogger has therefore taken to checking out the news on Univision; it is always interesting to get a different perspective than the old cable-news paradigm. While most news does not go outside America, for instance, Univision devotes a substantial amount of coverage to neglected Latin America.
Then there is immigration. Univision is very, very passionate about immigration. This is understandable, given that many of the anchors and much of the audience is composed of immigrants - people who have an profoundly personal stake in the immigration debate. The intensity of their coverage is unmatched even by Fox News.
by Catherine A. Traywick, Media Consortium blogger
Last October, the Obama administration's announced their intention to reform the detention system-to improve the management, medical care and accountability within detention centers, and make better use of low-cost alternatives to detention.
But one year later, a new report by the Detention Watch Network reveals that the "truly civil" detention system once promised by the administration has truly failed to materialize. And while the Department of Homeland Security (DHS) has been crowing over its record number of deportations, it's suspiciously mum when it comes to the record number of detainees that still languish in woefully mismanaged detention facilities.
DHS gets an "F"
Elise Foley at the Washington Independent notes that, despite DHS's assurances that "visible changes have been made" to the system, immigrant rights advocates are critical of the purported reforms.
The Detention Watch Network, which graded DHS on each of its proposed reform initiatives, concluded that the agency has achieved minimal progress and has not substantively improved conditions for the nearly 400,000 immigrants detained every year under "cruel and unusual," prison-like conditions. DHS received particularly low marks on its promise to utilize low-cost and humane alternatives to detention, such as ankle bracelets or bond release.
Underscoring the case for alternatives to detention, Foley details the story of Pedro Perez Guzman, a 30-year-old undocumented immigrant who came to the U.S. at the age of eight. Guzman, who is married to an American citizen and has a young son, has been in detention since last year, when he was picked up on a deportation order. As a father, breadwinner, and long-time (albeit undocumented) resident, Guzman should be a good candidate for bond release or some other alternative to detention. But because DHS has failed to broadly implement such alternatives, he's spending his last months in the U.S. behind bars instead of with his family.
Reform hasn't curbed sexual abuse in detention
The administration's failure to meaningfully reform the broken detention system has particularly pernicious consequences for women detainees. As I detailed in a special report for Campus Progress, women in detention are routinely subject to a variety of mistreatment that ranges from gender discrimination to rape.
The T. Don Hutto detention facility in Texas stands out as a prime example of how failed reforms have disproportionately impacted women. Four years ago, the facility came under fire after a guard was caught having sexual relations with a woman detainee-an act which, thanks to a loophole in federal law, wasn't technically a crime in privately-operated ICE facilities.
Last year, DHS overhauled the Hutto detention center, publicly touting it as model facility that embodied the administration's vision for "truly civil" detention reform. Then, this August, a Hutto guard was arrested for sexually assaulting several detainees while transporting them for deportation. To date, no one knows how many women he assaulted, or whether other guards have done the same.
Clearly, a DHS facelift wasn't enough to correct a long-standing pattern of mismanagement, poor oversight, and discrimination that ultimately resulted in the victimization of an unknown number of immigrant women.
Traffic violations = mandatory detention
The ills plaguing the immigration detention system are further exacerbated by the growing number of detainees, which has reached a record of 33,000 per day and nearly 400,000 per year.
As Monica Fabian points out at Feet in Two Worlds, a significant proportion of these detainees have been pulled into the system by Secure Communities, a program which targets undocumented immigrants by allowing law enforcement to share fingerprints with federal authorities. Though Secure Communities is purported to target dangerous criminals, it has actually resulted in the detentions and deportations of a number of immigrants who had no criminal record or who were guilty of minor violations:
According to Immigration and Customs Enforcement (ICE) records obtained by the Benjamin N. Cardozo School of Law, the Center for Constitutional Rights, and the National Day Laborer Organizing Network through a Freedom of Information Act request, 79% of individuals deported through the Secure Communities program from October 2008 through June 2010 had no criminal record or were arrested for minor offenses like traffic violations.
Consequently, the detention system is swollen with scores of non-dangerous, non-criminal immigrants whose mandatory detention is not only expensive but excessively punitive.
Maricopa County steps forward
Some of the worst detention conditions documented by immigrant rights advocates have been in Maricopa County, AZ-under the purview of the infamous Sheriff Joe Arpaio. While Arpaio is notorious for treating his prisoners inhumanely, his deputies' treatment of pretrial immigrant detainees has ranged from racial discrimination and harassment to physical abuse and death.
Needless to say, federal reforms have not trickled down to Arpaio's jails, and they likely never will. A lack of legally enforceable baseline detention standards, as well as varying contracts between ICE and municipal jails, virtually ensure that reforms won't be comprehensively enacted or enforced.
Fortunately, the ACLU and other civil rights groups are stepping in where the government has failed to act.
On Wednesday, the Ninth Circuit Court of Appeals upheld a ruling by a lower court that charged Maricopa County Sheriff Joe Arpaio with mistreatment of detainees in his jails for serving them spoiled food and neglecting their health.
Yesterday's ruling will set legal precedent, and help protect prisoners' rights who are in Arpaio's jails today. The order only applies to pre-trial detainees-those who cannot afford bail or are being held without bond, but have not been convicted of anything. According to the East Valley Tribune, that population is about 75 percent of the 8,000 people being held in Maricopa County jails.
While the ruling may be a step forward for detainee rights in Maricopa County jails, it's hardly progress for Arizona as a whole. Like most others states which house immigrant detainees, Arizona boasts a number of variously owned and operated detention facilities whose standards of care and confinement range widely (often to the detriment of detainees). Immediate and comprehensive detention reform is critical.
As Victoria Lopez, an immigration attorney for the ACLU of Arizona, explained to me: "Frankly, when you're dealing with the number of people that go through detention facilities in the U.S. and some of the life or death issues in these cases...I don't know how much longer folks can wait for reforms to trickle down from Washington, D.C., to Eloy, AZ."
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by Catherine A. Traywick, Media Consortium blogger
Riding the media blitz that followed the DREAM Act's recent defeat, Senators Bob Menendez (D-NJ) and Orrin Hatch (R-UT) unveiled their own comprehensive immigration reform bills just before Congress adjourned last week. The bills are enforcement-heavy, party-line bills that were immediately referred to committee, where they are expected to languish for some time.
by Catherine A. Traywick, Media Consortium blogger
It's no secret that anti-immigrant activists have a penchant for targeting youth, the most vulnerable of the undocumented set. But the Senate defeat of the popular DREAM Act confirmed the obvious. The war on immigrants is being waged not only along our borders, but within our classrooms as well.
by Catherine A. Traywick, Media Consortium blogger
Immigration reform activists suffered a disappointing setback this week. The Senate failed to muster enough votes to move forward with an annual defense authorization bill that would have included both the DREAM Act and a repeal of "Don't Ask, Don't Tell" as amendments. At Feet in Two Worlds, Sarah Kate Kramer has a good breakdown of the floor action.
As Kramer notes, not all is lost. The defense bill-and the DREAM Act with it-are certainly stalled, but Democrats say they plan to try again after midterm elections. The DREAM movement, for its part, seems invigorated by the close call.
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