This Memorial Day join Kanye West and thousands of others to protest unjust Arizona law

From the Restore Fairness blog-

Leave it to four students to stand as role models of determination against unjust laws such as Arizona’s anti-immigrant law, SB1070. Gaby, Felipe, Juan and Carlos walked 1500 miles from Miami to Washington D.C. over four months, to draw attention to the plight of the thousands of undocumented students around the country who, despite having lived here most of their lives, are unable to contribute and follow their dreams because of a broken immigration system. Walking through some of the most conservative states in the country, the Trail of Dreams students collected signatures from 50,000 people, demanding humane and just immigration reform. Despite their efforts, matters went from bad to worse as Arizona passed the controversial anti-immigrant law, SB1070. Rather than be discouraged, the Dreamers have set off once again walking from Scottsdale to Phoenix to join the National Day of Action against SB1070 on Saturday, May 29th.

In the five weeks since Gov. Brewer signed off on SB1070, legislators in 10 other states around the country are pushing for similar bills, even as immigrant rights advocates and human rights activists around the world have condemned the law that criminalizes undocumented immigrants and allows local police to question anyone who they think looks “reasonably suspicious” of being undocumented, effectively mandating racial profiling and creating fear and distrust within communities. While there has been great national and international pressure against the law and the human rights crisis that will occur if SB1070 is implemented, the vigils, rallies, boycotts, fasts and acts of civil disobedience have been met with inaction on the part of President Obama and his administration, who, besides initially denouncing the law, have done nothing to halt its progress.

Tomorrow, on May 29th, tens of thousands of people from Arizona and around the country will take part in over 60 actions of protest and civil disobedience to send a clear message to the federal government that unjust laws like SB1070 cannot exist in light of of fundamental human rights and the tenets of the Constitution. The National Day of Action against the draconian Arizona law will culminate in a huge protest march at the State Capitol in Phoenix, Arizona with thousands of students, teachers, workers, families, immigrant and indigenous people participating.

THE ASKS: The National Day of Action demands that President Obama wakes up on the right side of history this May 29th and takes  a decision to-

- Reassert the federal government’s exclusive control over immigration law by making clear that state and local police do not have the inherent authority to enforce immigration law. Arizona’s law is a result of the federal government’s failure to maintain control of immigration enforcement and its inaction regarding elimination of all forms of racial profiling.

- Immediately suspend and terminate all police-ICE partnerships, including 287(g) agreements and Secure Communities which have actively transferred federal immigration authority to the states, setting the stage for laws like SB 1070 to pass.

-Direct the Department of Homeland Security to refuse to take custody of anyone charged with violating provisions of SB 1070.

A culmination of all the diverse acts of resistance that have been taking place already, tomorrow’s Phoenix protests will also be echoed in all corners of the country in cities like Washington D.C., New York, Chicago, San Francisco and many places in between. Those who cannot make it to Phoenix can take part in a virtual march to demand intervention and express their outrage at the President’s inaction on SB1070 and comprehensive immigration reform.

Leading the way, a diverse group of artists and musicians have announced a boycott of all performances in Arizona until the new law is revoked. In a campaign called the Sound Strike, organized by Zack de la Rocha, the lead singer of Rage Against the Machine, artists like Massive Attack, Michael Moore, Kanye West, Sonic Youth, Joe Satriani, Tenacious D and Los Tigres De Norte have taken a stand against the law and called on their fans to sign a petition demanding an end to the draconian law. De La Rocha’s initiating words -

Fans of our music, our stories, our films and our words can be pulled over and harassed every day because they are brown or black, or for the way they speak, or for the music they listen to. Some of us grew up dealing with racial profiling, but this law (SB 1070) takes it to a whole new low.

So on this Memorial Day Weekend, get yourself to Phoenix at your “disobedient ” best, and join in this massive mobilization for human rights and reform. If you can’t be there, show your support wherever you are. Inspired to do something now? Send a letter to President Obama telling him just how high the stakes are, and demanding that the federal Government restore fairness NOW.

Photo courtesy of altoarizona.com

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Doing the right thing can get you deported

From the Restore Fairness blog.

When Abel Moreno made a call to 911 to report a police officer assaulting his girlfriend, he had no idea of the consequences of his actions. He now faces deportation for reporting a crime he witnessed.

It all began with a traffic stop in Charlotte, North Carolina. Officer Marcus Jackson stopped Abel Moreno and his girlfriend and allegedly fondled the young woman. Moreno, 29, responded by calling 911 to report it, at which point the police officer ordered him to end the phone call and arrested Abel and his girlfriend for “resisting arrest.” This charge was soon dropped after investigators found it to be false. However, because the Mecklenburg County Sheriff’s Office which is in charge of the county jail where Abel Moreno was held is one of the 67 local law enforcement agencies in the country that participates in agreements with immigration to enforce immigration law, Abel now faces deportation by the end of the year. Following Abel’s charge of assault against Officer Jackson, five other women came forward saying that he had tried to assault them as well, leading to an investigation that resulted in Officer Jackson being fired from the police department and facing 11 counts of “sexual battery, extortion and interfering with emergency communication.”

Despite the police acknowledging that Abel should not have been arrested and that his call helped them uncover serious wrongdoings committed by of one of their officers, Abel faces deportation. A judge gave him six months deferment on his deportation only because he is a witness to a criminal investigation. By responding to Moreno’s courageous act by putting him in deportation proceedings, the system seems to be working against itself, setting an example that creates fear among the community, discouraging people from coming forward and doing the right thing.

Abel Moreno’s case is emblematic of the problem that lies at the core of the flawed 287(g) program. The program, managed by Immigrations and Customs Enforcement (ICE), allows for agreements with local law enforcement to enforce immigration law and detain suspected immigrants for deportation. Countless examples have showed that the program, while intended to focus on Level 1 offenders who are guilty of serious crimes, targets a large proportion of people stopped for minor offenses, or none at all, as in the case of Abel. This has resulted in a grave misdirection of resources as well as allowing for a situation where local police are unable to do justice to their primary job – that of ensuring the safety of the community – because the community does not trust their local law enforcement.

In spite of the Department of Homeland Security’s own critique of the 287(g) program, cities are continuing to sign on to it, and incidents such as Moreno’s continue to take place. Arizona’s new draconian anti-immigrant law which a number of state legislatures including North Carolina are planning to adopt is simply a step further in this mismanaged, flawed system of immigration enforcement that allows badly supervised and inefficient partnerships between federal immigration and local police that often result in blatant racial profiling. Unfortunately, in addition to expanding the 287(g) program, the Obama administration has also come up short in another aspect of immigration enforcement – raids.

Early on in his presidency, President Obama had expressed distaste for the Bush administration’s large-scale worksite raids which he critiqued for terrorizing communities and tearing families apart. While these militarized raids of the Bush era have ceased, enforcement continues to rise with no comprehensive immigration reform policy in sight. ICE’s actions over the past year indicate that even their “softer” enforcement policy that is meant to target employers rather than workers ends up hurting workers the hardest. In a recent case, federal immigration authorities went through the personnel records of workers at ABM, a large building service company, and pressurized the company into firing hundreds of its workers. Considering that these workers were unionized and being given adequate pay with benefits, it seems to go against ICE’s Worksite Enforcement Advisory that claims to go against “unscrupulous employers (who) are likely to pay illegal workers substandard wages or force them to endure intolerable working conditions.” An article about this case holds that-

Curing intolerable conditions by firing or deporting workers who endure them doesn’t help the workers or change the conditions, however. And despite Obama’s contention that sanctions enforcement will punish those employers who exploit immigrants, employers are rewarded for cooperating with ICE by being immunized from prosecution.

With President Obama’s decision to send troops to secure the border, concrete evidence about the rapid increase in deportations, more and more cases of people like Abel Moreno being persecuted for being contributing members of society, and electronic raids like the one above, there is no doubt about the fact that the current administration has pushed the throttle on immigration enforcement while doing little to ease the legislative stalemate on reform.

On a more positive note however, the three amendments brought to the Senate yesterday regarding increased enforcement, detention and border security were all shot down by Democrats who suggested that the additional resources pledged by President Obama were sufficient for the moment. It is heartening to know that the call to action to urge Senators against the amendment generated 25,000 phones and faxes, an effort that no doubt played a role in them being defeated through collective voices of dissent.

Photo courtesy of msnbc.com

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Federal government may not co-operate with Arizona immigration law

From the Restore Fairness blog.

Immigration has and always should be a federal issue. So even if Arizona has decided to pass an anti-immigrant law that will inevitably lead to racial profiling, the federal government still has the power to do the right thing. And that’s what seems to be happening, as the head of Immigration and Customs Enforcement (ICE) John Morton expressed skepticism about SB1070, stating that ICE would not “necessarily” process undocumented immigrants referred to them by Arizona. Like President Obama’s denunciation from a few weeks ago, Morton believes that “the Arizona law, or laws like it, are not the solution”, favoring a comprehensive federal approach rather than disparate state laws to address our broken immigration system.

But while John Morton’s criticism of Arizona’s draconian enforcement measure is encouraging, his desire for increased enforcement is not. ICE is planning to step up immigration enforcement in a number of states by expanding collaborations between federal and local law enforcement through programs like 287(g) and the Secure Communities. With a record high number of deportations carried out in 2009, and a 40% increase from that in 2010, a “sharp increase” in deportations of immigrants is predicted for the end of this year.

So what Morton is not addressing is that the very same programs that are being expanded have paved the way for bills such as SB1070, by sending a signal that collaborations between local police and federal immigration is encouraged, even though these lead to racial profiling and loss of trust from communities. Take the case of Eduardo Caraballo, a Puerto Rico born Chicago resident who was arrested in connection with a stolen car last week. He maintains his innocence with regard to the car, but while that was being investigated, his real nightmare began. After his mother posted bail on Friday, Eduardo, a U.S. citizen, was told that he was being turned over to Immigrations and Customs enforcement who were detaining him on the suspicion that he was undocumented. Eduardo says he repeatedly told the officers that he was born in Puerto Rico and an American citizen.

I’m pretty sure they know that Puerto Ricans are citizens, but just because of the way I look – I have Mexican features – they pretty much assumed that my papers were fake. They were making me feel like I can’t voice my opinion or I can’t even speak for myself to let them know that I am a citizen.

The officers interrogated him about Puerto Rico but since he had moved to mainland U.S.A. when he was 8 months old, he was unable to answer them. Even after his mother presented the officers with his birth certificate and state I.D., the officers maintained that he was facing deportation. It was only after his mother contacted Congressman Gutierrez in desperation, that Eduardo was released. Rep. Gutierrez, of Puerto Rican descent himself and a big advocate for immigration reform, said that the situation is going from bad to worse. He saw Eduardo’s case in Chicago  to be emblematic of everything that would go wrong if Arizona’s anti-immigrant law was to be implemented. 

In Arizona, they want everybody to be able to prove they’re legally in the country. They want everybody to prove that they’re an American citizen. Here we had an American citizen, that the federal government… could not determine, for more than three days, his status as an American citizen. It’s very, very, very dangerous ground to tread.

While Caraballo is considering legal action, Rep. Gutierrez is hoping that this outrageous incident will  demonstrate the risk involved in the local police enforcing immigration law, and open the eyes of Congress and the White house to the dangers of racial profiling.

The urgent need for a reversal of Arizona’s law and a broader immigration reform bill has led to a series of protests around the country. 37 people, including City Council and State Assembly members, were arrested yesterday in New York city, a second in a series of planned civil disobedience actions to put pressure on the Obama administration to put a stop to SB1070,  curb detentions and deportations that separate families and enact humane immigration reform. Organizers say that they will continue resisting until their demands are met.

And on May 29th, civil rights groups and immigrant activists are organizing a massive rally against Arizona’s SB1070 law. The boycott against Arizona has been put on hold for the weekend as thousands of protesters are expected to arrive from across the country to join in a march of defiance against the state. In addition to over 50,000 people, the rally will include speeches by the DREAM Act students, Rep. Gutierrez, representatives from the government of Mexico City and members of a number of indigenous communities. With marchers refusing to carry IDs, the goal is to terminate all ICE-local police initiatives and put an end to SB1070.

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Immigration detention reforms a distant promise as deportations rise dramatically

From the Restore Fairness blog.

An astounding 387,790 immigrants have been deported in 2009, indicating an all time high. And for those who justify the record in the name of security, two-thirds of these deportations are of people who have committed non-violent offenses. So it’s not surprising when a little girl asks Michelle Obama why the President is deporting more immigrants than ever, even as the immigration system remains irreparably broken.

But all hope is not lost. Senator Al Franken’s is slated to introduce the HELP Separated Children’s Act which will give special protections to those apprehended by immigration who are parents of a minor in the U.S., aimed at stopping the continuing separation of families that has vast implications on childrens’ emotional and physical well-being. A similar bill was introduced last year but did not pass.

Increasing deportations are accompanied by a deteriorating detention system, even as the administration announced plans for its reform in October 2009. The proposed reforms were to address chronic problems in the system such as overcrowding, inhumane conditions, unchecked detainee transfers and a lack of alternatives to detention. But seven months and many detainees later, it is difficult to be optimistic about the state of immigrant detention.

Such as the recent ruling from the Supreme Court exempting government doctors from personal liability for inadequate medical care of detainees. So what about an immigrant like Francisco Castaneda who was made to wait ten months in detention before getting a biopsy, despite having advanced penile cancer. Just before the results came in Francisco was released from custody so the government would not have to take responsibility for his treatment. Francisco’s case is indicative of-

…exactly what is at stake when detention standards are not only inadequate but unenforceable, and when there is broad immunity enjoyed by the persons responsible for the treatment of immigrants in their charge. With minimal accountability for how they treat people in their own custody, DHS continually fails to provide dignified or tolerable treatment of immigrant detainees.

The lack of adequate medical care and accountability is compounded by the rapid increase of numbers of detainees, resulting in the overburdening of the immigration court system that already has a huge backlog of untried cases. An analysis by TRAC shows the number of immigration cases awaiting resolution by the courts has reached all time record high of 242, 776, with a wait time of 443 days.

Translated into real terms, a recent lawsuit filed by the ACLU in Southern California yielded a list from the administration of 350 immigrant detainees in the Los Angeles area who have been held for periods longer than six months while waiting for their cases to be heard. Many are neither flight risks, nor a danger to their community, but continue to be locked up because of harsh laws and a lack of alternatives to detention. This includes people like Damdin Borjgin, a Mongolian man seeking asylum in the United States who has been in custody since November 2007 and has never had a hearing to decide if his is eligible for release. Detention reforms were supposed to address alternatives to detention for people like Borjgin, but have so far not kicked into effect.

The infinite problems with the immigration detention and deportation system are part of a broken immigration system that continues to deny people basic human rights, due process and justice.

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"Barack Obama is taking everybody away" says little girl to first lady

From the Restore Fairness blog.

Sometimes it’s about keeping it real. As President Obama welcomed the Mexican President Felipe Calderón to the White House for the first series of official talks between the two countries, Michelle Obama and Mexico’s first lady Margarita Zavala met a little girl who put a human face to the diplomatic talks about immigration that were taking place in the White House.While the two Presidents were to discuss a number of issues including the economy, climate change and drug wars, given President Calderón’s vehement condemnation of Arizona’s new law, immigration was likely to take center stage. Meanwhile, the first ladies stopped off at a elementary school in Silver Spring which is two-thirds Hispanic students and has a large proportion of students below the poverty line to promote Michelle Obama’s campaign for healthy eating. But a little girl changed all that with a powerful question.

Student: “My mom … she says that Barack Obama is taking everybody away that doesn’t have papers.”

Mrs. Obama: “Yeah, well that’s something that we have to work on, right? To make sure that people can be here with the right kind of papers, right? That’s exactly right.”

Student: “But my mom doesn’t have any …”

Mrs. Obama: “Well, we have to work on that. We have to fix that, and everybody’s got to work together in Congress to make sure that happens.”

The abstract issue of immigration was brought into human focus by the little girl’s question, prompted by the fear that her mother would be taken away from her. In the midst of the pomp of diplomatic state visits and lawmaker’s efforts to appease their electorates, a little girl’s honest fears about her family summed up the massive problem that the country currently faces.

Addressing this volatile issue, President Obama concurred with President Calderón on the pressing need for immigration reform and joined him in denouncing Arizona’s harsh new immigration enforcement measure, SB1070. President Obama said-

We also discussed the new law in Arizona, which is a misdirected effort – a misdirected expression of frustration over our broken immigration system, and which has raised concerns in both our countries.. Because in the United States of America, no law-abiding person – be they an American citizen, a legal immigrant, or a visitor or tourist from Mexico – should ever be subject to suspicion simply because of what they look like.

While the President reaffirmed his commitment to work with Congress to pass bipartisan, comprehensive reform, the truth is that the Obama administration has already surpassed the Bush administration’s deportation levels. And enforcement continues to be a problem. Former New York City District Attorney Robert Morgenthau lashed out against programs that promote collaboration between federal officials and local law enforcement on immigration, including Arizona’s new law.

Morgenthau drew on his personal experience as district attorney in Manhattan to criticize the Criminal Alien program which enables federal immigration officials to be stationed in local jails and issue “detainers” to foreign born inmates, many of whom are unaware of what is happening to them. In addition to increasing the burden of cost on New York, programs such as these mostly trap people who have committed minor crimes (or sometimes none at all). But for the former D.A., the most dangerous consequence of such programs is that by blurring the distinction between federal officials and local law enforcement, they severely impair the relationship that local police have with the public. Speaking of New York he explains-

When immigrants perceive the local police force as merely an arm of the federal immigration authority, they become reluctant to report criminal activity for fear of being turned over to federal officials. Given that immigrants (legal and illegal) currently comprise 36% of the city’s population, this unwillingness to cooperate with local law enforcement presents an obstacle to stemming crime in the city as a whole. That’s why during the 35 years I was district attorney in Manhattan, I made it a policy never to turn over names of individuals involved with the criminal justice system to immigration authorities until after they were convicted of a serious crime.

It is not surprising then that police chiefs across Arizona have spoken out in opposition to Arizona’s anti-immigrant law. Following this, police chiefs from Nevada, California and Maryland have also opposed Arizona’s law on the grounds that it would lead to racial profiling and breed fear of the police within Hispanic communities. Maryland Police Chief Thomas Manger said that taking on federal enforcement responsibilities would result in local police losing much more than they would gain and would prevent them from doing their jobs. But lawmakers seem oblivious to this advice. Similar bills are in the works in 10 states including Nebraska and Rhode Island.

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