Weekly Diaspora: AZ Pushing Undocumented to Surrounding States

by: The Media Consortium

Thu Mar 10, 2011 at 13:29:43 PM EST

By Catherine A. Traywick, Media Consortium blogger

A combination of stricter immigration enforcement and reduced economic opportunities in Arizona has pushed many undocumented immigrants out of the state to look for work. While this satisfies restrictionist lawmakers whose stated objective over the last year has been to drive attrition through enforcement, it's not exactly the outcome they've been waiting for. Rather than return to their home countries, most of these unauthorized Arizona emigrants are instead relocating to surrounding states - a trend that's prompting state legislators to approach immigration reform in radically different ways.

Oklahoma Absorbs Arizona Emigrants

Weekly Diaspora: The 2012 Budget and Our Unsecured Border

by: The Media Consortium

Thu Mar 03, 2011 at 11:51:46 AM EST

By Catherine A. Traywick, Media Consortium blogger

President Obama is taking heat from all sides this week for his 2012 budget proposal, which proposes increased funding for immigration enforcement and border militarization. While immigrant rights advocates are predictably up in arms over the proposal, House Republicans are (somewhat uncharacteristically) demanding significant cuts to border security funding - on the grounds that the Obama administration's efforts to secure the border have been ineffective and fiscally irresponsible.

Weekly Diaspora: Justice for Brisenia as Minutemen Leader Convicted of Murders

by: The Media Consortium

Thu Feb 17, 2011 at 11:36:57 AM EST

By Catherine A. Traywick, Media Consortium blogger

Days after Arizona Governor Jan Brewer and Attorney General Tom Horne filed suit against the federal government for allegedly failing to protect the state from a Mexican "invasion," the high-profile murder conviction of a Minutemen border vigilante underscores the state's misguided border priorities.

Weekly Diaspora: Lawless Judges, Immigrant Soldiers, and Deportee Pardons

by: The Media Consortium

Thu Oct 28, 2010 at 10:56:53 AM EST

by Catherine A. Traywick, Media Consortium blogger

Here's the harsh truth about our immigration system: When 392,000 immigrants are detained per year and 33,000 more are detained everyday with limited staff and minimal federal oversight, institutional misconduct is inevitable.

The Department of Homeland Security (DHS) is moving record-breaking numbers of immigrants through its ancillary agencies and, in the process, immigrant women are being raped by Border Patrol agents, LGBT detainees are being sexually assaulted at Immigration and Customs Enforcement (ICE) facilities, and citizens and legal residents are certainly being deported.

How can such things come to pass? Simple: Both overworked and overzealous officials are enforcing overly broad immigration laws. It should be no wonder that people, inevitably, slip through the cracks-whether immigrant, citizen, or soldier.

Immigration judges subverting the law

Misconduct, corruption and a general inability to handle impossibly high caseloads aren't exclusive to DHS and its many agencies. On the contrary, organizational mismanagement plagues every aspect of the immigration process.

As Jacqueline Stevens reports at the Nation, immigration courts are rife with lawlessness and corruption. Charged with adjudicating the hundreds of thousands of immigrants thrown their way by DHS every year, judges are authorizing deportations without even seeing the defendants, issuing rulings at mass hearings (usually with no lawyers present), and abandoning due process for a quicker turn-around.

What's more: the Executive Office of Immigration Review (EOIR)-a separate agency from DHS-is actively shielding this misconduct from the public and trying to avoid federal oversight:

The public's ignorance of the idiocies endemic to the EOIR's business as usual and the calamities these entail is no accident. The agency deliberately withholds basic information from the media and researchers, and its top officials routinely decline requests for interviews [...] Complaints about immigration judges fall under the jurisdiction of the Office of Professional Responsibility (OPR), and people may file there directly, but the EOIR instructs immigration court stakeholders to lodge complaints with the EOIR itself. Instead of passing complaints on to the OPR, as the website promises, the EOIR top brass, to protect their cronies and avoid outside scrutiny, sweeps complaints under the rug.

Consequently, American citizens-as well as immigrants who could qualify to remain in the country-are being deported indiscriminately by judges whose decisions are rarely, if ever, questioned.

Immigrant soldiers deported after serving in the U.S. military

Immigrant soldiers serving in the U.S. military are among those routinely cheated by deportation-happy immigration judges.

Julianne Hing reports at Colorlines that 17,000 non-citizens are on active duty in the armed forces, and 4,000 immigrant veterans have already been deported or are facing deportation because of criminal convictions. Hing argues that, while some of those veterans are certainly guilty of violent crimes, many others have committed only minor crimes, like drug possession, and have already served time in jail. Deportation is a secondary, and wholly incommensurate, punishment.

There is certainly a double standard at play here. Veterans, regardless of immigration status, are more likely than the general population to abuse drugs and alcohol and to commit violent crimes. But while non-citizen soldiers are indiscriminately deported for minor offenses, thousands of American military rapists have deftly avoided punishment in the past 15 years.The U.S. government's prejudicial treatment of non-citizen soldiers isn't new (to date, Filipino veterans who fought alongside American soldiers in WWII are still waiting to receive the benefits promised to them), but it remains reprehensible.

The unique plight of immigrant veterans certainly puts into perspective the ongoing push for passage of the DREAM Act-proposed legislation that would provide a path to citizenship for immigrant youth who serve in the military.

New York governor to pardon deportees?

Fortunately, some government officials are working towards a fairer immigration system. Elise Foley at the Washington Independent reports that New York governor David Paterson (D) has created a panel to review thousands of pardon requests from immigrant detainees awaiting deportation:

The idea behind the panel is to allow relief from the "extremely inflexible" federal law for green card holders "who have contributed as New Yorkers and who deserve relief from deportation or indefinite detention," Paterson said when he announced its creation in May. [...] While Paterson's pardon panels would not change the way immigration courts are run, the effort is arguably a push to add a bit of discretion back into the system.

Paterson's laudable commitment to protecting the interests of immigrants, particularly when doing so is far from politically expedient, is proof positive that the rectifying our broken immigration system is entirely within the reach of our politicians. Misconduct and corruption within our immigration agencies are not merely the product of overcrowding and understaffing, but rather persistent inaction on the part of powerful lawmakers and government officials.

As Stevens wryly notes for The Nation: President Barack Obama, whose own citizenship is repeatedly questioned, ought to get on board.

Weekly Diaspora: Why Detention Reform is Desperately Needed

by: The Media Consortium

Thu Oct 21, 2010 at 10:29:49 AM EST

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.

Weekly Diaspora: Immigration Opponents Take a Turn for the Worse

by: The Media Consortium

Thu Mar 11, 2010 at 13:11:25 PM EST

By Erin Rosa, Media Consortium blogger

As grassroots support for the pro-immigration reform March for America grows, anti-immigration groups and their allies are trying to use racial tension to stop the momentum. Opposition groups like NumbersUSA and the Americans for Legal Immigration PAC announced plans this week to partner with Tea Party activists in response to the event, which is expected to draw as many as 100,000 people to the National Mall on March 21.

Their hope? To scare the public into opposing a pathway to citizenship for the estimated 12 million undocumented immigrants living in the United States.

NumbersUSA, a mainstream group that was instrumental in defeating reform in 2007, has discussed the idea of calling immigrant women from Mexico "the new welfare queens," while others are spreading paranoia that immigrants are trying to "steal the next election." The White House is holding a bipartisan meeting on immigration legislation this week and the possibility of reform is worrying opponents. They are now desperately attempting to block reform by appealing to frustration and fear.

Amplifying hate

Along with actions to flood Congress with phone calls and faxes, anti-immigration forces are also spreading misinformation and proposing ways to dehumanize immigrant communities. As Stephanie Mencimer notes in Mother Jones, operatives on the far right are pushing a conspiracy theory that the Obama administration is using immigration to steal the 2012 election.

The magazine reports that the WorldNet Daily, a publication which bills itself as "conservative news website," has come up with an elaborate scheme in which a secret "illegal immigrant registration" will "open the floodgates to fraud." That's despite the fact that undocumented immigrants are legally barred from voting in the first place.

On top of that, in a conference call organized by anti-immigration group NumbersUSA, an organization that is routinely quoted by the mainstream media to oppose reform, participants suggested calling immigrant mothers with Mexican heritage "the new welfare queens." As I report for Campus Progress, NumbersUSA, which worked to kill immigration reform in 2007, held the call this week to coordinate actions against the immigration march.

"I feel the new welfare queen in America today is women coming from Mexico with a bunch of babies," said one caller.In response, NumbersUSA conference moderator Chad MacDonald said "Thank you very much. I appreciate that."

Right after that, another caller suggested that anti-immigration activists not use the word "babies," because it was "emotional." Said the conference participant, "They aren't babies. They're dependents. ... They have dependents. We have babies." While NumbersUSA claims to be against "immigrant bashing," they made no efforts to stop the hateful statements that their supporters spewed over the phone.

Smart politics

While incendiary rhetoric from immigration opponents is alarming, Kai Wright writes in The Nation that such radicalism could be a good impetus for Democrats to embrace immigration reform. "The great thing about racists is they'll always take the bait," claims Wright. "You won't get far into an immigration-reform debate, for instance, before the GOP's more zealous legislators start doing things like criminalizing priests and calling Miami a 'third world country.'"

Politically, most Americans will probably be turned off by hateful and racist language used during the immigration debate, much like they were during the lead up to the confirmation of Associate Justice Sonia Sotomayor. In the end, the disgust factor could end up helping Democrats-if they let it.

"Immigration reform is an issue where Democrats are served better politically by picking a fight with the GOP than running from one," Wright explains. "The long-term politics are plain: Latino communities nationwide are young, growing and increasingly ready to show up at the polls. And the certain-to-be xenophobic reaction of the GOP's loudest voices today will not only motive Latinos this November, it will alienate independent voters as well."

Out of patience

This week, pro-reform grassroots groups held a press conference on Monday to denounce what they said was increased enforcement under the Obama administration, as the Immigration and Customs Enforcement agency reported at least a 5% increase in deportations for 2009. New America Media reports that advocates at the press meeting pointed out that "livelihoods were lost, local economies affected, and families split apart."

"These are the same enforcement practices that we marched against during the Bush administration," said Angelica Salas, director of the Coalition for Humane Immigrant Rights of Los Angeles, who was quoted by New America Media. The outlet also notes that advocacy groups "contended that the immigration audits or 'paper raids' that have replaced workplace raids under Obama are just as damaging to immigrant communities and the businesses that depend on them."

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.

Weekly Diaspora: Does Coakley's Loss Spell Trouble for Immigration Reform?

by: The Media Consortium

Thu Jan 21, 2010 at 12:30:15 PM EST

By Nezua, Media Consortium Blogger

Professional pundits and Democratic politicians are in a frenzy over what Martha Coakley's senate seat loss to Republican Scott Brown might mean for American politics.

Immigration reform in jeopardy

As Harold Meyerson of the American Prospect reports, the loss of one seat probably won't derail heath care reform, but it does make the chances of passing immigration reform slimmer. Meyerson writes that immigration reform is "necessary to restore our economic vitality and political equality," and actually passing reform would benefit the Democratic faction. Unfortunately, that means that immigration reform will require 60 votes in order to pass the senate.

The Texas Observer's Melissa del Bosque writes about the slim chances of immigration reform passing in 2010. According to Rep. Henry Cuellar (D-TX), a member of the Congressional Hispanic Caucus, a 2011 target date is "probably more realistic." del Bosque refuses to lose hope, reminding us that Rep. Luis Gutierrez (D-IL) has assured the public that "the Obama administration promised to bring up the issue in 2010." Of course, bringing up an issue and actually passing reform are two very different animals.

Holding on to hope for 2010

In her daily roundup of Spanish-language media, Erin Rosa of Campus Progress also urges a positive outlook "despite the reorganization of the Senate." Rosa relays that Rep. Xavier Becerra (D-CA) assured the media during a telephone conference that President Obama "remembers his promise well." While "most latinos" interviewed are impatient, they hold on to hope that 2010 is the year for reform.

TPS for Haitians

Haitian undocumented that are currently within U.S. borders will be given Temporary Protected Status (TPS), as Julianne Hing reports for RaceWire. The decision only applies to Haitian immigrants in the U.S. prior to January 12, 2010. Hing observes that it is unfortunate that it took "a disaster of this magnitude" to inspire the White House to offer TPS to Haitian immigrants, though it is "a great relief."

What will the recently granted TPS status mean for Haitians that are already in deportation proceedings? Such is the case of Haitian immigrant Jean Montrevil, as Aarti Shahani reports for New America Media. Montrevil came to the U.S. on a green card in 1986 to "make it big," but in his efforts, "got stupid," and caught up in selling drugs from his taxi cab. That was 20 years ago, and Montrevil has served 11 years in prison to pay for his errors. Montrevil is now a father of four and a community leader. The Department of Homeland Security considers his prison time proper cause to deport him. Many others feel he has done his time, and is a positively contributing member of our society. Democracy Now! also covered Montrevil's story recently, as noted in the Jan. 7 Diaspora.

Invisible to the first world

Why are countries like Haiti mostly invisible to first world nations like the U.S. until catastrophe strikes? Leonardo Padura asks, before the earthquake, "Who talked about Haiti?" for IPS News. Haiti desperately needs the emergency aid so generously given today, but the country has needed help for a long time. "Let us hope that tomorrow, when the tragedy no longer dominates the headlines, and the dead are buried," writes Padura, "we will not forget Haiti exists...."

Disappointingly, "U.S. corporations, private mercenaries, Washington and the International Monetary Fund" are remembering Haiti in a rather cruel and opportunist fashion, as Benjamin Dangl reports for AlterNet. At a time of crisis and great human need, Washington D.C. is "promoting unpopular economic policies and extending military and economic control over the Haitian people." This is disturbing, as a long history of economic exploitation helped render the country vulnerable to disaster. The recent earthquake has claimed roughly 200,000 lives so far.

Haiti in context

While borders and border cities bear the brunt of blame when migrants move, the cure won't be found in bigger bails of barbed wire, or harsh enforcement tactics that deny escape from economic desperation or dangerous conditions.

Jocelyn Barnes, reporting for The Nation, provides a much needed contextualization of Haiti. There are many related factors that weakened and harmed Haiti's ability to thrive, not the least of which have been storms and earthquakes. But the privatization of Haiti's infrastructure-which was "championed" by current envoy to Haiti in charge of "leading the quake assistance brigade" former president Bill Clinton-have definitely been instrumental in the country's fate.

Marching against Arpaio

Finally, given the recent holiday celebrating the life and efforts of civil rights hero Martin Luther King, Jr., we would be remiss in overlooking the January 16 march in Arizona protesting Maricopa County Sheriff Joe Arpaio. The event was organized by Salvador Reza, a respected Mexican American activist and community organizer in Arizona. Musician Linda Ronstadt, Co-Founder of United Farm Workers Dolores Huerta, and approximately 5,000 people marched from a park to Tent City, the name for the sheriff's makeshift detention center.

Arpaio is reviled by many in the Latino and undocumented community for his methods of racial profiling and humiliating treatment of detainees. Recently, Arpaio was compared to Bull Connor by an ad published in in the Arizona Republic by 60 black leaders and the Center for New Community.

King's vision was large and led to new horizons; it cannot possibly be contained to one era, or one day on a calendar. The struggle continues, every day, everywhere.

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.

Weekly Diaspora: Quiet Raids, Slippery ICE and Grinches

by: The Media Consortium

Thu Dec 03, 2009 at 18:29:02 PM EST

By Nezua, Media Consortium Blogger

The Department of Homeland Security's Immigration and Customs Enforcement (ICE) is shifting its focus to silent or "quiet" raids, as Erin Rosa reports for Campus Progress. In quiet raids, ICE conducts "audits" of staff at pre-selected organizations and gives employers a chance to fire all workers who cannot produce documents of citizenship.