Flip-flopping about a bad policy

From the Restore Fairness blog-

Guest Blogger: Margaret Huang from the Rights Working Group reposted from The Huffington Post.

Last week, the Arlington County (Virginia) Board sent a letter to Immigration and Customs Enforcement (ICE) at the Department of Homeland Security (DHS) notifying the federal agency that the County does not wish to participate in the “Secure Communities” Initiative (SCI). The letter is a result of a resolution adopted by the County Board on September 28th expressing the County’s intent to withdraw from SCI. Arlington County adopted its resolution based on the repeated public statements by DHS that local jurisdictions could choose not to participate in the program. Very little is known – or understood – about the “Secure Communities” program, in large part due to contradictory information disseminated about the program by DHS. What Arlington County residents do know about “Secure Communities” is troubling for supporters of community policing, civil liberties and human rights.

Consistently, independent reports on ICE’s cooperation with local law enforcement agencies (including one by DHS’s own Inspector General) found that such collaborations have frequently led to allegations of racial profiling and other due process violations. Police in some jurisdictions have used minor infractions – such as fishing without a license or driving with a broken tail pipe – to arrest people and check their immigration status.

It is simply wrong to say that these programs only affect undocumented immigrants. The function of local police is to investigate crime that threatens the safety of the local community; forcing them to also serve as immigration agents dilutes and directly impedes that core mission. Since there are no obvious visual indicators of a person’s immigration status, police default to race and ethnicity as a proxy. Targeting people – or even being perceived as targeting people – based on their perceived ethnicity or race destroys the trust between the police and the communities that they are sworn to protect. When a community loses trust in the local police, everyone’s safety is put at risk. If a witness to a crime, or even a victim of a crime, is afraid to call the police for help, then the police cannot do their jobs and community security suffers.

The “Secure Communities” program was not established by any law, and Arlington’s elected local and national representatives had no voice in whether or not to participate in this program. In Virginia, it was the Virginia State Police who signed an agreement with ICE imposing SCI on every county in the state. It is telling that Arlington’s law enforcement agencies have refused to participate in other ICE programs because of their concerns about the impact on community policing programs and their ability to protect community safety.

Recently, ICE has released conflicting messages about whether or not a local jurisdiction can opt out of the program. On September 7th, Homeland Security Secretary Janet Napolitano sent a letter to Congress stating that jurisdictions that wished to withdraw from the program could do so; another letter from the Director of the Secure Communities program to California officials last month also stated that a jurisdiction could pull out.

But in an October 1st Washington Post article titled, “Local jurisdictions find they can’t opt out of federal immigration enforcement program,” an anonymous ICE spokesperson stated that “…opting out of the program is not a realistic possibility – and never was.” And on October 5th, Secretary Napolitano held a press conference where she contradicted her written letter by stating that jurisdictions could not opt out of SCI.

Arlington County did the right thing in its resolution. The County Board stood up for democratic processes that engage elected officials and community members in a discussion about what’s best for that community. The resolution commended the Chief of Police and the Sheriff who have lowered County crime rates through effective community policing programs and who want to focus on stopping and solving crimes, not doing the federal government’s job on immigration. The County pointed out that no one at ICE asked Arlington whether they wanted to be part of this program. And the elected government officials placed the community’s safety first by restoring trust in local law enforcement.

With the resolution adopted on the 28th, Arlington joined Washington, DC, San Francisco, and Santa Clara County (California) in formally requesting to withdraw from SCI. Arlington residents hope that ICE will respond to the County’s letter by implementing its promised opt-out mechanism from the Secure Communities program.

Photo courtesy of nostri-imago @ flickr.com

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We call for dignity, not detention!

From the Restore Fairness blog-

When Esmeralda, a transgender asylum seeker from Mexico, came to the US seeking a place that was accepting of her identity, what she received instead was a horrific experience in immigration detention. Kept in a segregated cell with other transgender detainees, Esmeralda never realized that her experience in detention would match the trauma of discrimination she had faced back home. “They would handcuff us as if we were murderers and were trying to escape…. but we were not trying to run away,” she said. While handcuffed in a cell, she was sexually abused by an immigration guard, an experience which caused her deep mental and emotional trauma.

The US immigration detention system is in deep crisis. Since 1994 the number of detention beds has grown from 5,000 to over 33,000 with more than 1.7 million individuals passing through the system since 2003. The government is denying due process and fairness in our communities by detaining immigrants who pose no danger and are not a flight risk to the community in inhumane and unregulated detention centers. Hundreds of thousands of immigrants are detained each year. Transferred far away from their homes and families, there are many stories of detainees such as Esmeralda who are denied basic human rights, such as telephone calls, visitation,access to a lawyer, medical care, and they can be subject to physical and verbal abuse. Even with reported deaths of detained immigrants, detention conditions continue to decline.

Today, human rights groups around the country participated in a National Day of Action organized by Detention Watch Network to mark the one-year anniversary of the Department of Homeland Security (DHS), Immigration Customs and Enforcement’s (ICE) 2009 detention reform announcement. The National Day of Action is part of the, “Dignity, Not Detention: Preserving Human Rights and Restoring Justice,” campaign led by the Detention Watch Network, which calls for an end to the human rights abuses in detention centers, the restoration of due process in the enforcement of immigration laws, and the implementation of cost saving alternatives.

As part of the Day of Action, Detention Watch Network released a joint report, Year One Report Card: Human Rights & the Obama Administration’s Immigration Detention Reforms, that it co-authored with the National Immigrant Justice Center and the Midwest Coalition for Human Rights. The report reveals that many of those detained still suffer egregious human rights violations while in custody. Immigrants continue to be jailed for months or even years under substandard conditions. Mistreatment by guards, grossly deficient medical care, use of solitary of confinement, and limited access to family and counsel remain persistent problems.

Detention should only be used as the last possible option and for the shortest amount of time. Currently, many vulnerable people, including asylum seekers, pregnant women, children, lawful permanent residents and even U.S. citizens are among those detained, without knowing how long they will be held or why they are being held. Instead of placing thousands in detention centers that cost tax payers $99 per day, DHS should improve legislation around the cost-saving community-based alternatives to detention such as conditional release, requiring people to check in either in person or by phone, bonds or financial deposits.

Participants in the National Day of Action are calling for the restoration of human rights within the detention system, and an end to programs that indiscriminately channel immigrants into the detention and deportation system. Coordinated actions occurred across the country in cities including Austin, TX, Freehold, NJ, Minneapolis, MN, Seattle, WA and Trenton, NJ.  For more information visit www.dignitynotdetention.org

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Watch the new Restore Fairness documentary and "Face the Truth" about racial profiling

From the Restore Fairness blog-

“I’ve seen a lot in my life but to be degraded…  not just stripped of my clothes, being stripped of my dignity, was what I had a problem with.”

Kurdish American Karwan Abdul Kader was stopped and stripped by local law enforcement for no reason other than driving around in the wrong neighborhood. This is one among many stories featured in a powerful new documentary “Face The Truth: Racial Profiling Across America”, produced by Breakthrough’s Restore Fairness campaign and the Rights Working Group, showcasing the devastating impact of racial profiling on communities around our country, including the African American, Latino, Arab, Muslim and South Asian communities.

The documentary brings to life a new report by the Rights Working Group released along with 350 local and national partners on the one year anniversary of the Face the Truth campaign to end racial profiling. Both the video and report urge Congress to pass the End Racial Profiling Act (ERPA), highlighted in a Congressional briefing on Thursday, September 30th in Washington D.C. attended by advocates, police chiefs and community organizers.

Besides compelling personal stories, the documentary features interviews with notable law enforcement and civil society leaders such as Hilary O. Shelton (NAACP), Dr.Tracie Keesee (Division Chief, Denver Police Department) and Karen Narasaki (Asian American Justice Center), all of whom decry racial and religious profiling as a pervasive problem that is not only humiliating and degrading for the people subjected to it, but one that is unconstitutional, ineffective as a law enforcement practice, and ultimately damaging to community security.

Together, we can stop the erosion of our fundamental human rights. Watch the video and take action now.

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Face the Truth: Racial Profiling Across America from Breakthrough on Vimeo.

 

 

 

Union challenges the Colbert Report to take on immigrant farmworker jobs

From Restore Fairness blog

Last night, talk show host Stephen Colbert took on the United Farm Workers (UFW) union offer calling on jobless citizens to replace immigrant farmworkers. Their "Take our Jobs" campaign calls on unemployed U.S. citizens to apply for farm worker jobs and harvest the summer's lettuce, peach and grape crops.

There's more...

Department of Justice vs. Arizona

From the Restore Fairness blog.

In the short time since Arizona passed SB 1070 into law, it has become one of the strongest and most controversial symbols of our nation’s debate on immigration. SB 1070 requires the police to stop anyone that has a “reasonable suspicion” of being undocumented but once enacted, it is believed that may well lead to unconstitutional racial profiling and a breakdown of trust between police and the communities they protect. But SB 1070 is also emblematic of the frustration that many have with our broken immigration system, a sign that states have decided to take immigration into their own hands as Congress remains in a deadlock over immigration reform. The latest catalyst for this debate -  a lawsuit filed by the Department of Justice brought against the state of Arizona and SB1070 on July 6th, 2010.

Analysis over the implications of the lawsuit are rife in the media. Many are looking at the lawsuit and its potential for setting a new precedent with regards to the tussle between the federal government and state laws around immigration. Previous precedent shows a tendency for federal courts to side with the federal government on cases when states and cities pass laws that conflict with federal immigration law. An article in the Wall Street Journal traces this precedent back to laws in the 1880s aimed at limiting Chinese immigration. While the dispute could go either way, some analysts hold that that the federal court could only block sections of the law, while allowing some others to be enforced.

By bringing a lawsuit against the state of Arizona, the Obama administration (via the Justice Department) has taken a strong stand against the law. But an article in the Washington Post discusses further implications of this stand. The article quotes the Democratic strategist who spoke about the implications of the lawsuit for the Democrat party -

There is probably some short term pain politically given how popular the law is…But considering the demographic changes the country is undergoing, long term, there is a lot of upside in advocating for Latinos and comprehensive immigration reform.

While the Obama administration is advocating for comprehensive immigration reform, the Democrat party has continued to play safe so as not to alienate the large electoral base that supports the Arizona law and other enforcement heavy approaches to immigration. On the other hand, many Republicans, who support the law and an enforcement heavy approach, continue to emphasize a secure border-then reform approach, a rhetoric that leads to little progress on the issue. Republicans such as Senator John McCain, who previously argued for comprehensive reform, have abandoned their support of an immigration overhaul in the face of resentment and anger from within the party as well as from anti-immigrant groups such as the Tea Party Movement.

In the midst of all these actions are ordinary people suffering disruptions to their everyday lives on account of an immigration system that remains unjust and broken.

Photo courtesy of americasvoiceonline.org

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