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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