(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.
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.
Julianne Hing at Colorlines reports that the ACLU has received a favorable ruling in a lawsuit filed against Arpaio:
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
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.
by Catherine A. Traywick, Media Consortium blogger
Anti-immigrant forces have adeptly shaped the ongoing immigration debate into an issue of crime and punishment. Now, the pending passage of a $600 million border security bill could breathe new life into the narrative of the criminal immigrant - despite the increasing safety of our border communities.
Hope for a comprehensive immigration reform bill this year has fallen by the wayside, but the Obama administration israllying for one last hurrah before mid-term elections in November. Late last week, the White House unofficially announced plans to sue the state of Arizona over the now notorious Senate Bill 1070, a state law passed this year to crackdown on undocumented immigrants.
President Barack Obama announced on Tuesday that he would be deploying 1,200 National Guard troops to the Mexican border to beef up security along the Río Bravo. This surprise move has garnered criticism from immigrant rights supporters, who argue that it will dehumanize and endanger immigrant and Latino communities.
Sen. Lindsey Graham (R-SC), started a hubbub among comprehensive immigration reform advocateslast week when he expressed to members of the Capitol press corps that progressive immigration legislation was "dead" for 2010 due to the contentious passage of health care reform. But the battle isn't over yet. In an interview with Sandip Roy at New America Media, Frank Sharry, the executive director of DC-based immigration organization America's Voice, says, "I think we have a good chance of seeing a bipartisan bill being introduced in April."
Graham's declaration mirrors similar antics that happened around the health care debate-where insurance reform was pronounced dead countless times by a wide array of pundits and lawmakers. In fact, Seth Freed Wessler of ColorLines reports that Graham, who has been working with Sen. Chuck Schumer (D-NY) on an immigration reform bill for a year later changed his tune, stating that he would continue to craft a bipartisan bill.
The Battle in the Senate
Gabriel Arana with The America Prospect questions just how the GOP lawmakers will react to the upcoming immigration debate, arguing that, "Even for those Republicans who are willing to publicly support immigration reform, partisan rancor all but ensures it won't go anywhere."
And outside the Capitol? As Laura Flanders of GRITtv points out, the immigration debate, "has the potential to be far, far messier-and more violent-than the health care battle," and will likely galvanize those with xenophobic tendencies on the far Right to become even more unhinged.
On top of that, providing a pathway to citizenship for the 12 million undocumented immigrants in the United States will most likely be dead in 2010 if a bill isn't proposed in the Senate this Spring. There needs to be time to debate the issue before the end of the year, and more importantly, before election season kicks off in the Fall. While there's already an immigration bill in the House of Representatives, a timeline for when one will actually be introduced in the Senate is unknown.
Immigration agents go rogue
Combined with the uphill battle for immigration reform, AlterNet reports on a government memo revealing that the Immigration and Customs Enforcement (ICE) agency has set quotas to initiate more deportations of undocumented immigrants, targeting those who had committed no crimes. The memo was in stark contrast to the Obama administration's stated goal to focus on deporting criminal offenders with violent histories, and prompted immigration rights groups to question the White House agenda.
At the same time, anti-immigration activists are also trying to label all immigrants as criminals. As the Colorado Independent documents, the shooting death of an Arizona rancher near the Mexican border has influenced former Colorado lawmaker Tom Tancredo and his followers to demand that the National Guard be sent the border-even though the death has not even been tied to an undocumented immigrant at this time. (The Department doesn't have jurisdiction over the National Guard to begin with.)
The Inter Press Service also reports on the results of such criminalization, as human rights abuses in immigration detention continue to increase each day. "More abuses in the U.S. immigration detention system came to light last week," notes the media outlet, writing that "It was revealed that two mentally disabled men continue to be held in detention while facing possible deportation for criminal assault convictions, despite having already served their time." The inmates were later released after the American Civil Liberties Union of Southern California filed legal petitions against federal government.
On Tuesday, the worst earthquake in 200 years struck just off the coast of Port-au-Prince, Haiti, as The Nation reports. Bringing "catastrophic destruction" to the poorest nation in the Western Hemisphere, the disaster has spurred relief efforts worldwide. Crises like this are important reminders of how the treatment and protection of refugees must be a part of immigration reform.
Temporary protected status for Haitian refugees
In September of 2009-just one year after Haiti was decimated by four successive hurricanes and tropical storms that affected at least 3 million people-New America Media (NAM) made a prescient call to halt all deportation to Haiti, and grant Haitians temporary protected status (TPS) status in the U.S. "before more Haitians die or are impacted by natural disasters."
Andrea Nill, writing for NAM's EthnoBlog, reminds us it was only ten months ago, in March of 2009 that the Obama administration indicated it would "continue deporting undocumented Haitians," in spite of the critical situation on the ground. Yesterday, Nill argued that not granting Haitian refugees TPS at this point would be "inconsistent with the promises the Obama administration has already made to the people of Haiti." Later in the day, Department of Homeland Security (DHS) Secretary Janet Napolitano responded by stating deportations to Haiti would, indeed, be temporarily halted.
[ED. NOTE: Stay tuned for more coverage of Haiti and relief efforts. The Media Consortium will release a special report compiling our member's coverage of the crisis and ways to help later today.]
Legalize the undocumented; boost the economy
It's a fortunate confluence of circumstance, when doing the right thing could also help our faltering economy. Jorge Rivas of RaceWire highlights a new study on the beneficial economic effects of legalizing undocumented workers through comprehensive immigration reform. The study came about through a partnership between the Center for American Progress and Dr. Raul Hinojosa-Ojeda, associate professor at the University of California, Los Angeles. The research suggests that legalization would yield $1.5 trillion to the U.S. Gross Domestic Product over a 10-year period, generate billions of dollars in additional tax revenue, increase wages for all levels of workers in the U.S. (the "wage floor") and create hundreds of thousands of jobs.
Detention center cover up continues
RaceWire also reveals new developments in the horrific tale of corrupt immigration officials "desperate to conceal" multiple incidents of abuse in Immigrations and Customs Enforcement (ICE) detention centers. Violations of law include "covering up evidence of gross mistreatment, undercounting the number of detention deaths, discharging patients right before they die, and major efforts to avoid scrutiny from the news media." Reportedly, ICE has made great efforts to cover up detention conditions and cruelty. (Video below).
'Draconian' anti-immigration legislation passed in Mississippi
Rev. Jeremy Tobin of American Forum reports on a piece of "draconian" anti-immigration legislation passed in Mississippi in March of 2008. SB 2988 makes it a felony for an undocumented immigrant to work in the state. The bill includes a waivable fine for employers that cooperate with the prosecution of undocumented workers. SB 2988 oppresses immigrants and weakens the power of organized labor. According to Tobin, one frustrated legislator said that the bill was "making it a crime to work an honest job."
Tobin calls out various organizations that backed the bill. These groups "started out anti-civil rights" and have since "reinvented themselves to be anti-immigrant rights." He also notes that a "disturbing" number of Mississippi Democrats voted for SB 2988.
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.
For the most part, it's been a good week for immigration reform. The Senate approved a measure that will end the "Widow Penalty," which rescinded applications for U.S. residency if one's spouse of two years or less years dies, and on Tuesday, as RaceWire reports, the San Francisco Board of Supervisors passed legislation that restores the right of due process to immigrant youth.
After postponing twice, President Obama finally met with a bipartisan group of lawmakers on June 25 to discuss moving immigration reform legislation forward. The meeting was applauded by activists and advocates for immigration reform, as the issue seemed to have stalled, and the acrimonious tone of the debate has proven deadly.
President Obama has often stated that immigration reform cannot be approached in a piecemeal fashion, and that his administration would tackle the issue in 2009. This week, Obama will be meeting with members of Congress to kick off a bi-partisan approach to reform. These meetings don't guarantee any legislative action will take place this year, but are at least an encouraging sign. In the meantime, the deportation industry shows no sign of slowing, hate crimes are rising and hate groups are being main streamed. As a result, the polarization between reform advocates and foes is getting worse.
While the United States’ legal system is founded on grand ideals like all humans being equal, the law is rarely as benevolent or efficient in practice, especially for immigrants. Different classes of people receive different consideration, and the subsequent disparities are glaringly evident in the lives of immigrants. This week’s Wire focuses on immigration-related legal battles, including unconstitutional raids by Immigrations Customs and Enforcement (ICE) and the rights to have competent representation in a court of law.
