Re-enactment of Chinese immigrant exclusion and recent quelling of protests show a future without diversity and freedom

From the Restore Fairness blog-

"The only way to make sure people you agree with can speak is to support the rights of people you don't agree with."
- Eleanor Holmes Norton, civil rights activist and Democrat Delegate to Congress representing the District of Columbia.

The freedom to disagree forms the bedrock of a thriving democratic society. Today, as we witness numerous incidents of suppressed protests and dissent around the world, the call for this freedom becomes even more pertinent. It also reminds us of America's fortunate position as a society where considerable disagreement is allowed to foster healthy debates on issues. This freedom of speech and debate is inextricably linked to our nation's fabric as a confluence of immigrants. This week, Breakthrough's ongoing Facebook game America 2049 addresses the issue of quelling dissent in the future, reminding us that the freedoms we have today can easily be restricted for the sake of supposed national security. On Saturday, April 30, Breakthrough is also partnering with the Angel Island Immigration Station Foundation (AIISF) in San Francisco to host the Interrogation Reenactment Event,* an opportunity for visitors to witness a historical scenario and learn about its repercussions today. From the event organizers-

...actors in period costumes will reenact an actual interrogation of Chinese immigrants attempting to overcome the Chinese Exclusion Acts [of 1882], the first American legislation to exclude a specific race or nationality from immigration to this country. We will see what these intended immigrants went through at the island’s Administration Building, and the outcome of their ordeal. Following that, well-known professors Judy Yung, professor emerita at UC Santa Cruz, and Bill Ong Hing, law professor at the University of San Francisco, and a recent immigrant who is a college student will participate in a panel discussion relating the Angel Island experience to what immigrants face today.

The Chinese Exclusion Act of 1882 provided a 10-year absolute moratorium on Chinese labor immigration. It was then extended in the form of the Geary Act, which added further restrictions on Chinese immigrants already in the United States. Chinese immigration was stringently regulated until 1943, when all these exclusionary acts were repealed in favor of more rational quotas on immigration for each nationality. The targeting of specific immigrant groups (based on their ethnic background) in the U.S. exists in other forms even today with some states passing stringent immigration acts that tend to affect the Latino communities primarily.

Harsh immigration laws affect our country to this day. The diversity of opinion that comes with healthy immigration forms the unique social, cultural and political fabric of our country. Today, as the people of several Arab nations are rising to claim their rights for equality and fair governance, some of their own governments are actively halting their protests. While the future of the 'Arab Spring' remains to be seen, this moment in history points to the greater issue of freedom of speech. Americans are fortunate to have much greater freedoms in protesting and dissent, but we must remain aware of this and not take it for granted.

In America 2049 this week, players are confronted with a situation where the authorities have sanctioned the use of a chemical agent in the water supply, SerennAide, that would pre-emptively quell any dissenting activity, making the population completely passive. Whether fictitious, as shown in Joss Whedon's 2005 space western film Serenity (in which a chemical agent was added to the air processors of a planet to calm the population), or the very real new "calming" drink 'Just Chill' from a California-based company, a SerennAide-like scenario is not too far from reality. Most importantly, SerennAide is also a symbol for institutional measures that have sought to prevent dissent or difference of opinion for the sake of national good throughout our history. In the bleak future of America 2049, the situation is at an extreme, raising awareness for the value of diversity of opinion.

A society that is so heavily based on immigration and diversity, such as the United States, must remain aware of its uniqueness and strengths. We must learn from our past, from decisions we made then to actively prohibit specific groups of immigrants, and understand how such practices today or in the future will only damage our social framework.

Watch a message from 'M,' the masked leader of Divided We Fall, the presumed terrorist group in America 2049. 'M' speaks about the the importance of dissent and difference of opinion to nurture a healthy democracy, especially as authorities in 2049 sanction the use of SerennAide.

*Be sure to check out the ferry schedule to allow for more time to arrive to the Immigration Station. For more information on ferry, tickets and schedule, visit AIISF's event page.

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Photo courtesy of guardian.co.uk

 

 

 

Georgia “Show Me Your Papers” Legislation Will Endanger Survivors of Domestic Violence and Sexual Assault

From the Restore Fairness blog-

Guest blogger: Azadeh N. Shahshahani, National Security/Immigrants’ Rights Project Director, ACLU Foundation of Georgia

April is Sexual Assault Awareness month. In observation, Georgia lawmakers should reject legislation that attacks immigrant women, including H.B. 87 , a bill currently pending in the Georgia legislature that is a copycat of Arizona’s S.B. 1070 racial profiling law. H.B. 87 would endanger victims of domestic violence and sexual assault by creating more fear and distrust of local law enforcement in communities across the state, much like 287(g) has done. Similar to 287(g) agreements, which are agreements between Immigration and Customs Enforcement and local police/sheriff departments, H.B. 87 would charge local law enforcement with enforcing federal immigration law.

As the ACLU of Georgia’s reports on Cobb and Gwinnett counties detail, 287(g) agreements have made members of immigrant communities fear and distrust local law enforcement and ultimately more hesitant to report crime.

According to Alyse López-Salm, Community Outreach Advocate for Partnership Against Domestic Violence (PADV) , “287(g) has ensured that many survivors of domestic violence remain in the shadows—terrified to call the police or even reach out to organizations like Partnership Against Domestic Violence for help.” Alyse says that when survivors of domestic violence finally come into contact with PADV, they say they were afraid that seeking help would have a negative effect on their immigration status.

As “Jenny’s” account illustrates, this perception is far from groundless. On July 29, 2009, Jenny called 911 to stop her partner from assaulting her. But instead of protecting Jenny from the man who had been hitting and kicking her, the Cobb County police officers who responded to her call relied upon her abusive domestic partner’s account of what prompted Jenny’s 911 call, as she speaks little English. Her abuser’s side of the story was, not surprisingly, far from honest.

According to attorney Erik Meder, who represents Jenny in her deportation case, as a direct consequence of seeking help from the police, Jenny was herself arrested; physically separated from her infant daughter; spent five days in the Cobb County jail; and placed in immigration removal proceedings.

Jenny’s experience and that of others like her are likely to have a negative ripple effect, because as word gets around, similarly situated survivors of domestic violence and sexual assault in Cobb and other 287(g) counties may be dissuaded from seeking help in the first place.

The legislation now under consideration in Georgia would create a similar atmosphere of terror throughout the state. H.B. 87 would authorize the police to investigate individuals’ immigration status in the course of an offense, including traffic stops, if they fail to provide one of the select identification documents.

If passed, all Georgians will have to carry ID on them at all times in order to avoid being detained while police try to determine their status. Despite language that purports to prohibit investigation of immigration status for victims of a crime, in reality, the legislation will have a chilling effect for crime victims who will be even more scared of calling the police.

In a friend-of-the-court brief filed in the ACLU lawsuit challenging Arizona’s S.B. 1070 , Legal Momentum, a women’s rights group, points to how S.B. 1070 will endanger immigrant women:

Immigration status significantly affects the willingness of immigrant women to seek law enforcement help. Rape and sexual assault already have low reporting rates. Immigrants who are victims or witnesses of sexual assault will be even less likely to report and aid in the prosecution. Immigrants with stable permanent immigration status are more than twice as likely as women with temporary legal immigration status to call police for help in domestic violence cases (43.1% vs. 20.8%). This rate decreased to 18.8% if the battered immigrant was undocumented. These reporting rates are significantly lower than reporting rates of battered women generally in the United States (between 53% and 58%).

As we observe Sexual Assault Awareness Month, Georgia legislators should heed the call of women’s rights advocates and reject the Arizona copycat legislation that is sure to further drive underground survivors of domestic violence and sexual assault.

Photo courtesy of nmu.edu

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N.Y. State bill and new student film aim to revive the DREAM

Last week week the U.S. Census Bureau announced that there had been an unanticipated spike in the Hispanic population of the country over the last decade. Hispanics now form the country’s second-largest group, having crossed the 50 million mark, or 16.3% of the national population. This announcement comes at a significant moment in our country as debates around the treatment of undocumented immigrants intensify. The Hispanic population now forms a much bigger portion of the electorate and, with much of the immigration debate (including the DREAM Act) focusing on this group, the need for comprehensive immigration reform is becoming even more pressing.

Also in the same week the New York State Youth Leadership Council (NYSYLC) announced the introduction of the first ever state version of the DREAM Act (S.4179), led by state senator Bill Perkins. If passed, this will be a major accomplishment for immigration reform advocates and will hopefully spark similar changes at the federal level. The N.Y. state version of the DREAM Act incorporates many of the same benefits as the federal version of the legislation that was defeated in the Senate in December of last year. According to the NYSYLC-

The benefits include access to financial aid for higher education, access to driver’s licenses, work authorization and access to health care. In order to qualify for these benefits, the young person must have arrived to the United States before the age of 16, be under the age of 35, have resided in New York State for at least two years, have obtained a high school diploma or GED equivalent from an American institution and have good moral character.

While the outcome of this bill remains to be seen, some are also skeptical of what such legislation, if passed, would actually accomplish. Steven Thrasher of the Village Voice expressed concerns that since immigration falls under federal jurisdiction, even after such legislation, New York State would have no power to halt raids by Immigrations Customs Enforcement (ICE) or to help the immigrant youth work towards U.S. citizenship. However, there is no doubt that this incarnation of the DREAM Act is a positive indication that this is a matter of national importance and that the efforts of the movement are paying off. If passed, this bill would benefit many undocumented youth such as Sonia Guinansaca, a 21-year-old young woman who is also a member of the NYSYLC. Reacting to the introduction of the state bill, Guinansaca stated-

We’re very excited, this is one of the most progressive bills particularly when we’re surrounded by failure of the federal DREAM Act and other anti-immigrant bills around the country…We’re making a statement that we are here, undocumented, unafraid, unapologetic and we’re going to work to resolve this issue. That is what this New York State campaign has meant for many of us and we’re not going to give up.

The anti-immigrant bills Guinansaca mentions are the other face of the current immigration debate around the country. While reform advocates continue to stress the urgent need for just and fair immigration reform, state legislatures around the country are vying for increased restrictions against the rights of immigrants. In addition to having adverse implications for the economic and social stability of the states in which they are enacted, these harsh anti-immigrant laws often call for state law enforcement to distinguish between people based on their appearance, a factor that goes against the constitutional fabric of the country.

A new short documentary released today by the Center for New Community explores the highly controversial SB1070 law passed in Arizona from a new angle. The poignant film, titled 'A Look Inside SB1070' (see below), follows a delegation of university students, from Washington D.C., New York, Chicago and Colorado, who visited the border regions of Arizona to learn more about the enactment of the draconian anti-immigration law. The film was screened on college campuses across the United States last week to mark the International Day for the Elimination of Racial Discrimination. For the students in the film, the experience was eye-opening and, in some cases, infuriating as they were privy to the conditions of immigrant communities along the border areas. One of the students who filmed the trip, President L. Davis, remarked-

Getting behind the camera to capture this story of the immigrant Hispanic population of Arizona and the American reaction will remain one of the greatest experiences of my life. One that I believe will help inspire another generation of freedom fighters determined to see freedom and justice prevail.

Youth-led efforts like this documentary and the New York state version of the DREAM Act signal the continued vigor with which advocates are pushing for immigration reform. The bill's fate in the N.Y. State senate is yet unknown, but supporters can sign the petition to Governor Cuomo to urge him to support S.4179. Meanwhile, films such as 'A Look Inside SB1070' will hopefully further raise awareness around the human impact of harsh anti-immigration laws such as SB1070 and help to highlight that fact that with ever-increasing immigrant populations, the call for comprehensive immigration reform simply cannot be ignored.

Watch the film 'A Look Inside SB1070' here:

 

It shouldn't take a tragedy to bring people out of the shadows

From the Restore Fairness blog-

In the early hours of March 12, a bus ferrying passengers from the Mohegan Sun casino in Connecticut met with a horrific accident on the I-95 expressway in the Bronx, en route to Chinatown in Manhattan. The crash killed 15 of the passengers onboard, and the driver was later accused of being unlicensed as well as falling asleep at the wheel. One of the passengers who died in the crash was Mr. Wang Jianhua, a man who had come to America to escape government persecution and pursue the American dream  for himself and for the family that he had been forced to leave behind in the Fujian province, in China.

Three years ago, Mr. Wang arrived in New York City with the aid of smugglers, having made the conscious decision to seek a better life for his wife, daughter and then unborn son. After raising $75,000 with the help of relatives and numerous creditors to pay for his passage, Mr. Wang left all that was familiar to him and began his journey to the United States. Once in New York, Mr. Wang lived in cramped conditions with several other Chinese immigrants in Chinatown, where he found a job as a delivery-man in a restaurant - a grueling job that earned him approximately $500 a week. His life comprised of work and sleep, with very little respite by way of a social life. He only communicated with his family when he could afford to, and sent home whatever was left of his salary once he was done paying rent and other expenses. In November 2008, shortly after arriving in the United States, he had filed for asylum on the grounds of being targeted by Chinese authorities for trying to have more than one child, a case that was still pending when he was killed in the crash. Following his death, Mr. Wang’s wife and two children are now bereft, in an even more dire state of poverty than they were before.

It is unfortunate that it takes a tragedy such as this to shed light on stories such as Mr.Wang's. Today, there are millions of hard working immigrants like him in the United States, who are living under hardship, separated from their families, and striving to work towards a better life for their families. Stigma against undocumented immigrants and lack of comprehensive immigration reform negates their valuable contribution to the economy and withholds their right to be a legitimate part of the workforce, as well as their access to basic human rights and services. Moreover, instead of working towards rational and humane immigration reform, the situation the country seems to be pushing for is an enforcement heavy approach that is inefficient, inhumane, and inadequate in addressing the reality of the nearly 12 million undocumented immigrants currently living in the U.S.

The repercussions of a broken immigration system also extend to the children of undocumented immigrants, who are U.S. citizens. In what was a big relief for immigration reform lobbyists, on Thursday, March 17, the Arizona Senate rejected the latest packet of five bills that would have further curtailed the rights of immigrants in the state. The primary bill that had drawn the most opposition aimed at pushing the Supreme Court to strip citizenship rights of the children of illegal immigrants. The four other bills would have removed the rights of such immigrants from attending state universities and driving vehicles in Arizona, and required school districts and hospitals to check the legal status of students and patients. Senator Paula Aboud (D-Tucson) challenged the morality of the bills, calling them “morally reprehensible.” She further stated-

This bill would create a two-tiered system, a system of discrimination that says some children born in this country have different rights than other children born in this country…I do not believe that is the American way.

The double standard that Senator Aboud highlights is unfortunately in practice already. On March 11 (a day before the Bronx bus crash that killed Mr. Wang), immigration authorities at Dulles International Airport (Washington D.C.) deported Emily Ruiz, a 4-year-old girl who was flying back from Guatemala with her grandfather. Despite being a U.S. citizen, Emily was separated from her parents who live in New York and who are undocumented, and sent back to Guatemala. While there are conflicting reports from the immigration authorities and Emily’s family about what led to her being deported from the country of her birth, the fact remains that a 4- year old U.S. citizen was separated from her parents and denied entry into her country. The legislative action that Arizona has been attempting to take towards severely restricting the liberties and rights of immigrants will only lead to more stories such as Emily's, and more families being separated.

The ramifications of these two events are alarming. Jeanne A. Butterfield, a former executive director of the American Immigration Lawyers Association, spoke to the New York Times-

The case is alarming because it shows what can happen once you start treating kids who are born here whose parents are undocumented with less rights than a full-blown citizen.

The rejection of the packet of anti-immigrant bills in the Arizona state senate is a small but crucial step in the right direction. Recent legislation in Utah is also a positive marker of what comprehensive immigration reform could look like. Last week, Utah ratified a set of immigration bills that provide a balance between enforcement, and developing a program that recognizes the importance of immigrants to the state economy. State Rep. Bill Wright, who authored a part of the laws, commented-

I'm of the opinion that we really don't have the ability as a society to remove that large a portion of a segment from our society — either the cost, or just the damage it would do…A lot of these people are intertwined in our society. They have financial obligations: They have bank notes; they've bought houses; they contribute; they have jobs.

It remains to be seen whether the federal government will use Utah as a model for crafting their own comprehensive immigration reform legislation. Perhaps, then, people like Mr. Wang would have a more legitimate chance at working towards financial stability for their families and U.S. citizens like Emily Ruiz won’t be turned away from their own country.

Arizona, Wisconsin…Searching for freedom in a sea of hate

From the Restore Fairness blog-

Two months into the new year, it looks like the hateful and divisive rhetoric that marked 2010 is continuing to make it’s presence felt. Fueled by frustration over the economic situation, and by the changing racial and ethnic face of the country, ‘hate’ groups espousing extremist views on race, politics and culture are growing at an alarming rate. According to the Southern Poverty Law Center’s annual investigative report released on February 23rd, the number of hate groups in the country has topped 1000, more than have existed at any point in over 20 years.

A lot of the vitriol is directed at President Obama, who is often seen as a symbol of all that is “wrong” with the country. Any residue anger seems to be directed at minority groups, with a focus on the immigrant populationthat comprises a significant percentage of the country’s workforce. From previously existing mainly on the fringes of media and politics, this hate and resentment aimed at minorities has now decisively made its way into the mainstream, most visible in the political sphere in the form of countless bills that are being introduced around the country. In addition to the events currently taking place in Wisconsin, it is difficult to ignore the vast array of anti-immigrant legislation and enforcement measures that are on the cards at both the Federal and state levels.

The passage of SB1070 by Arizona’s Gov. Jan Brewer in April of last year set off a wave of harsh anti-immigrant laws that raise concerns of racial profiling and civil rights violations in various states around the country and pose a serious threat to basic American values. State legislative sessions across the country from California to Kentucky, Texas to Rhode Island have witnessed the introduction of immigration enforcement bills that have severe implications for racial profiling. On February 24th, Ohio introduced its own version of  Arizona’s SB1070 in a bill which permits local police officers to enforce federal immigration laws. A bill introduced in the Arkansas state legislature that would deny state benefits to undocumented immigrants except in emergencies was halted yesterday when a House committee voted against the bill by a small majority. On Tuesday , the Indiana Senate voted for a law to allow local police to question people stopped for infractions on their immigration status, in a bill that was similar to 2010′s SB1070.

While many states introduce harsh anti-immgrant laws, Arizona continues to stay two steps ahead of the others when it comes to advancing legislation that curtails basic rights and freedoms. The latest round of legislation that was cleared by the Appropriations Committee in the Arizona Senate on Wednesday illustrates this point best. In addition to SBs 1308 and 1309, the bills that undermine the 14th amendment’s birthright citizenship provision, was a package of immigration bills, led by Senator Russell Pearce (the author of SB1070), that curtail the rights of immigrants in the state of Arizona. These bills mandate that undocumented immigrants would be barred from receiving many public benefits, attending community collage, and be barred from driving motor vehicles and obtaining any state licenses including those required for marriage. The bills mandate that schoolchildren (k-12) would have to show proof of citizenship and run the risk of being reported to local police if there were undocumented, and that hospitals would be required to ask for proof of citizenship from patients demanding non-emergency care. Senator Russell Pearce defended his compendium of anti-immigrant legislation that he said was aimed at stopping the “invasion.” All the above laws were passed by the committee, and are now moving to the Senate floor for approval.

Alessandra Soler Meetze, executive director of the A.C.L.U. of Arizona decried the new measures as working towards a “papers please” society. Speaking to the New York Times, she said-

This bill is miles beyond S.B. 1070 in terms of its potential to roll back the rights and fundamental freedoms of both citizens and noncitizens alike…

And while the bold announcement by the Obama administration and the Department of Justice that they would no longer defend the constitutionality of the the federal Defense of Marriage Act (that bans the recognition of same-sex marriage) comes as good news, the issue of immigration is looking bleak on the Federal level as well. Since the beginning of the 112th session of Congress, the Immigration Subcommittee of the House Judiciary committee has been pushing its strategy for mass deportation, referred to as ‘Attrition Through Enforcement.’ A few weeks ago, America’s Voice released a report exposing the background and strategybehind the Immigration Subcommittee’s current policy on immigration enforcement.

The report, collated by the America’s Voice Education Fund, “uncovers the origin of “attrition through enforcement”; its radical goal to achieve the mass removal of millions of immigrants; and the impact this proposal would have on both our economy and politics.” The report details how this approach, promoted by nativist groups and anti-immigrant hard-liners such as the Center for Immigration Studies, FAIR (Federation for American Immigration Reform) and Numbers USA, is packaged as a program aiming  to create jobs for Americans, but is designed to ramp up enforcement on state and federal levels with a view to forcing the 11 million undocumented immigrants out of the country, despite the monumental cost to taxpayers and the agriculture industry. On a press call mid February, Mark Potok, Director of the Intelligence Project at theSouthern Poverty Law Center; Fernand Amandi, Managing Partner of research organization, Bendixen & Amandi International; and Frank Sharry, Executive Director of America’s Voice, discussed the strategy of mass deportation and the risks that it poses for the political future of the GOP, for the future of race relations in the U.S., and for the economy.

This long list of events, laws and movements taking place around the nation are working to thwart positive change and drastically affect the values of freedom, equality and justice that are intrinsic to the spirit of this country. At such a time it is important that we look to people that are standing up for what is right, and learn from their example. Over the last week, tens of thousands of people have taken to the streets in Wisconsin to demand that the government renew their commitment to the ‘American dream’ by valuing hard work instead of denying basic public services to those who are the most vulnerable. In a move to stand in solidarity with the people of Wisconsin and spread the “spirit of Madison” to the rest of the country, on Saturday, February 26, at noon local time, groups around the country are organizing rallies in front of every statehouse in all major cities.

Stand together to Save the American Dream. We are all Wisconsin, we are all Americans.

Photo courtesy of endoftheamericandream.com

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