by Catherine A. Traywick, Media Consortium blogger
This week, two high-profile trials involving the racially motivated murders of Latinos in Pennsylvania and Arizona are exposing the unsettling implications of growing anti-immigrant sentiment. But while antagonistic political discourse and incendiary policy are shown to provoke ethnic violence-correlating with a 52 percent increase in hate crimes-they also indirectly drive sexual violence against immigrant women. The combination of stricter enforcement and increased cultural animosity toward immigrants renders undocumented women workers more susceptible to workplace rape and sexual exploitation-violent crimes that don't generally register as hate crimes but that nevertheless bespeak of racially charged motives.
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.
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.
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."
This post features links to the best independent, progressive reporting about immigration by members of The Media Consortium. It is free to reprint. Visit the Diaspora for a complete list of articles on immigration issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, and health care issues, check out The Audit, The Mulch, and The Pulse. This is a project of The Media Consortium, a network of leading independent media outlets.
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.
by Catherine A. Traywick, Media Consortium blogger
After a long summer of name-calling and absurd attempts to deny birthright citizenship to children of immigrants, immigration hawks are now bullying immigrant children on their own turf: Public schools.
California, New York, Iowa and Colorado are among the states that have cracked down on immigrant students by hiring ICE agents to investigate residency statuses or unlawfully barring students from enrolling. Such blatant discrimination flies in the face of the 14th amendment and Supreme Court precedent, both of which guarantee all children the right to a public education regardless of immigration status.
The latest assault on immigrant students comes not from over-zealous school districts, however, but from state lawmakers adamant about stripping immigrants of the few rights they possess.
Kicked out of school
As Matt Vasilogambros of the Iowa Independent reports, Iowa's lieutenant gubernatorial candidate Kim Reynolds recently came out in support of denying public education to undocumented children, a sentiment she shares with her running mate, former Gov. Terry Branstad. Branstad's position is even more extreme, however. He has argued that the Supreme Court decision in Plyer v. Doe-the 1982 case which guarantees immigrants the right to public education-should be overturned.
So far, only Colorado third party gubernatorial candidate Tom Tancredo has fully endorsed Branstad's extreme opinion. Tancredo has even gone so far as to say that, if elected, he would ignore the Supreme Court ruling altogether.
Branstad and Tancredo may be on their own for the moment. Bu, if this summer's birthright citizenship fiasco is any indication, anti-immigrant conservatives must be delighted to fall back on the age-old myth that immigrants are here to steal social services.
New York Stands Up
Last week, the New York Department of Education fired back at anti-immigrant activism in schools by issuing a memo directing schools not to investigate the immigration status of their students.
According to Braden Goyette of Campus Progress, the memo came in response to a New York Civil Liberties Union report charging that 139 New York school districts were collecting information about prospective students' immigration statuses-and barring or discouraging children from enrolling if they failed to provide proof of their citizenship.
Goyette notes that federal law only requires students to fulfill two simple requirements before enrolling: residency in the school district, and intent to remain in the school district. Immigration status is not a factor.
The memo is a victory for immigrant rights advocates, especially as it comes on the heels of reports that two California school districts are adopting even harsher anti-immigrant policies.
Negating Pylver v. Doe
As New America Media's Jacob Simas and Elena Shore translate from a La Opinión, a daily Spanish-language newspaper based in Los Angeles. Both the Unified School District of Calexico and the Mountain Empire School District near San Diego have hired staff exclusively to investigate the immigration statuses of their students. The school districts are attempting to get around Pyler v. Doe by arguing that their proximity to the border necessitates stricter enforcement of federal residency requirements.
In other words, they're worried that Mexican children are crossing the border to take advantage of our first-class, world-renowned public school offerings. The simple fact that student residency can be determined without revealing immigration status is obviously beside the point.
Cutting Social Services in New Jersey
Meanwhile, immigrants in New Jersey may be robbed of their own social services, as the state threatens to removes 12,000 non-citizens from the it's low-income family insurance plan.
As Change.org's Prerna Lal reports, several legal immigrants have joined a class action lawsuit against New Jersey's Department of Human Services, alleging that the state is violating "the equal protection guarantees of the United States and New Jersey Constitutions" by denying health care subsidies to legal permanent residents. Lal notes that legal permanent residents possess nearly all of the same rights as U.S. citizens, and pay taxes to both state and federal governments. They should, therefore, be safe from public policy discrimination.
But, while it's well documented that both legal and undocumented immigrants pay into our social services system through income taxes, that fact is persistently overlooked by the anti-immigrant zealots who want to keep immigrants off Medicaid and out of public schools.
Given their immense contribution to the social services net, guaranteeing immigrants' access to those public services is more than a matter of justice-it's a matter of fiscal responsibility.
This post features links to the best independent, progressive reporting about immigration by members of The Media Consortium. It is free to reprint. Visit the Diaspora for a complete list of articles on immigration issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, and health care issues, check out The Audit, The Mulch, and The Pulse. This is a project of The Media Consortium, a network of leading independent media outlets.
by Catherine A. Traywick, Media Consortium blogger
A new study about the effects of immigration on U.S. employment supports the long-standing arguments of immigration advocates: Rather than displacing American workers, immigrant labor actually makes our economy stronger. Kevin Drum has the details at Mother Jones.
by Catherine A. Traywick, Media Consortium blogger
After decades of misguided policies and patchwork practices, the high human costs of our disordered immigration system are only starting to emerge. Stricter immigration policies and overcrowded detention centers aren't making our streets safer or our social services more accessible.
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