Showing posts with label immigration. Show all posts
Showing posts with label immigration. Show all posts

Sunday, July 13, 2008

Fear is Your Only God


I have been living in Brazil for over 4 years, and I never once was made, by the news media or the reigning political powers, that this country, rich in so many things, grwoing at a rate of almost 6% a year, was being overrun by illegal immigrants, or any type of immigrant. Now, of course, Brazil is a developing country, and does not have the "land of milk and honey myth" that the US has held onto, whether it wanted to or not, for so long. But Brazil does have immigrants, like me, and thousands of illegal aliens, like the majority of Bolivians. Some of them work in Bauru, the city I live in these days. I work with an Argentinian, who may or may not be legal, and a woman from Uruguay, as well as an Equadoran, who teached me Spanish.

They have never had it easy, what with documents, red tape, and headaches, but they don't seem to live in fear.

After another humiliating example of "justice" for illegal immigrants in the land of the free, Postville, Iowa found its way into the news in May for the arrest of 400 undocumented workers at the Agriprocessors plant.

Erik Caymad-Freixas, Spanish professor and translator, witnessed the procedures, and could not stay quiet about what he saw. Today's New York Times op-ed page, with the article, The Shame of Postville, Iowa, discusses what he saw, and the excesses that have been carried out by the Federal government, specifially, ICE, in the name of the law.

Here is an excerpt:

The essay chillingly describes what Dr. Camayd-Freixas saw and heard as he translated for some of the nearly 400 undocumented workers who were seized by federal agents at the Agriprocessors kosher plant in Postville in May.
Under the old way of doing things, the workers, nearly all Guatemalans, would have been simply and swiftly deported. But in a twist of Dickensian cruelty, more than 260 were charged as serious criminals for using false Social Security numbers or residency papers, and most were sentenced to five months in prison.


What is worse, Dr. Camayd-Freixas wrote, is that the system was clearly rigged for the wholesale imposition of mass guilt. He said the court-appointed lawyers had little time in the raids’ hectic aftermath to meet with the workers, many of whom ended up waiving their rights and seemed not to understand the complicated charges against them.

Dr. Camayd-Freixas’s essay describes “the saddest procession I have ever witnessed, which the public would never see” — because cameras were forbidden.

“Driven single-file in groups of 10, shackled at the wrists, waist and ankles, chains dragging as they shuffled through, the slaughterhouse workers were brought in for arraignment, sat and listened through headsets to the interpreted initial appearance, before marching out again to be bused to different county jails, only to make room for the next row of 10.”

He wrote that they had waived their rights in hopes of being quickly deported, “since they had families to support back home.” He said that they did not understand the charges they faced, adding, “and, frankly, neither could I.”

The American populace, frightened by the Mexican worker on the corner, the local politician stumping about the end of jobs for "Americans," and the reality of recession and $145 a gallon gas, has become easily influenced. Fear sells, whether that fear is of Al-Qeada or hordes of poor immigrants running rampant through "our economy." These workers in Iowa were not identity thieves, or hackers. They were not coyotes, trafficking in lives. They were not Mexican mafia, or El Salvadorean gangbangers. They were poor family breadwinners, who risked everything to make some cash to send back to Guatemala.

As the Times wrote:

No one is denying that the workers were on the wrong side of the law. But there is a profound difference between stealing people’s identities to rob them of money and property, and using false papers to merely get a job. It is a distinction that the Bush administration, goaded by immigration extremists, has willfully ignored. Deporting unauthorized workers is one thing; sending desperate breadwinners to prison, and their families deeper into poverty, is another.

Tuesday, June 3, 2008

Who Are We?

I grew up in Rutherford, NJ, but I first lived in Weehawken and North Bergen. I was born in New York Hospital, so technically, I am a New Yorker. Each of those places is made up of recent immigrants. My mom used to tell me that the neighbors used to stare at my blond hair and blue eyes. I was a minority in Weehawken. When I came to Rutherford, some of my first friends were recent immigrants, from Japan. I used to watch my Puerto Rican neighbors breakdancing on cardboard down the block. I used to go over to my friend Abdul's house to hang out. His parents were just over from India.

I live these days in Bauru, Brazil. I have to go to the US Consulate more than I would like, and every time, I mean every time, there are huge, snaking lines, of people trying to get a visa to go the States. Every one of them will get questioned, maybe rejected, maybe accepted, and almost never smiled at. They are nothing more than a number, and they will feel that from the minute they get on that line.

But, after reading an editorial in the New York Times this evening, I started thinking about something...and it was really a question: why?

Why do so many people still fight through red tape, across Mexican deserts, hidden in cargo containers, or in the backs of trailers, to get to the US? Why do they save up thousands to pay coyotes to get to a country which has so easily forgotten that it is made up of immigrants. The New York City subway, one of the greatest engineering feats in the world, was completely built by immigrants.

But then I remembered a friend, born and bred in the suburbs of Jersey, just like me, who summed up the mentality of so many Americans when he told me why he hated going into Manhattan: "Because it's full of so many types of people."

This is the crux of things: fear. Fear of change, fear of dissolution, fear of your neighborhood starting to get different names on the mailboxes. But we try to cover it up by saying we are only against illegal aliens, and not immigrants. That the raids in New Jersey at 5 in the morning that rip parents out of their beds, are not symptomatic of a much larger problem, spreading all over the world, and infecting every country that calls itself 'first world': a fear of what is written on that slab the Statue of Liberty holds..."give me your dirty, your tattered masses..."

Did America ever want them?

Read the article if you have two minutes.

Tuesday, April 1, 2008

Immigration Fiasco

I've been reading a lot lately about undocumented children in the US and the issues that arise because of their immigration status. They grow up in the US and can't legally work or attend universities.

Listen to this young man's story:



Then take action, here.

(Hat tip, feministing)

Thursday, March 6, 2008

the MOU -- an immigrant's nightmare

from racewire, the blog of colorlines magazine (on race and politics) ... an article by a cuny law school colleague:

by Raha Jorjani

The US and Vietnam make a deal, Vietnamese immigrants suffer

What if someone told you that you had two weeks to pack your bags and leave the country?

On January 22, 2008, the United States and Vietnam made an agreement for the forced return of hundreds of Vietnamese immigrants to Vietnam.

Vietnamese community members are gradually finding out that their lives are about to change in an unthinkable way.

More specifically, the Department of Homeland Security and the Deputy Foreign Minister for the Government of Vietnam entered into a Memorandum of Understanding (MOU) which would allow for the repatriation of Vietnamese immigrants who had entered the United States on or after July 12, 1995, and had subsequently been ordered removed from the United States.

What does that mean?

In the United States, even after a person is ordered removed, their actual removal or deportation cannot take place until the Department of Homeland Security has secured travel documents for that person. No travel documents, no deportation.

There are countries with which the United States has no diplomatic relations or repatriation agreements, and it is primarily individuals from those countries that end up in this situation. These countries include Cuba, Iran, and Vietnam.

So what happens to people the US wants to deport but can’t?

They remain in the U.S. in a type of limbo supervised release status. They have to periodically report to the Government, keep the Government informed of what they are doing and where they are doing it, and promise not to break any laws. A life-long supervised parole. These individuals can work and live in the United States, but they can’t get their greencards or become citizens.

These individuals occupy this status until their actual deportation can take place. For many, that day may never come; but that day has come for approximately 1500 Vietnamese immigrants living in the U.S.

Imagine getting up one morning thinking it’s going to be a day like any other. You drink your coffee, get the kids ready for school, and head off to work. You’re a single mother taking care of 2 small children. At work, you counsel battered women on how to protect themselves and change their situation. You were once in that position and it led to a substance abuse problem. You were convicted of a drug offense and you were ordered removed from the U.S. over ten years ago. They couldn’t remove you so you got a second chance. Since then, you’ve been rehabilitated and had two children whose lives depend on you. You are obeying the laws, staying sober, providing a vital community service, and raising your children. On your way back home from work, you pick up the mail and there’s a letter from the Department of Homeland Security. It informs you that your removal order from 1996 is being carried out in 2008. It provides you with information about a flight that is leaving in 15 days and taking you back to Vietnam. You cannot see a Judge, you cannot explain your position, and what you do with your children is your problem. 15 days to wrap up over a decade of your life in the U.S., say goodbye, plan for a new life, find a place to live in Vietnam, pack your bags, and leave, likely for good.

For many Vietnamese immigrants, when the MOU of January 22, 2008 goes into affect, the above scenario will be a reality.

The day after news of the MOU was released, Representative Zoe Lofgren (D-San Jose) authored a letter co-signed by at least 12 other Representatives expressing serious concern about the agreement for individuals who may be subject to human rights abuses upon returning to Vietnam, and asking that no implementation of the agreement take place until agreed to by Congress.

Advocates have received calls from community members who are concerned about being detained upon arrival in Vietnam. The conditions and extent of their potential confinement remain unclear.

Sudden and forced expulsion from the United States with little notice and no due process should be considered cruel and unusual punishment. It doesn’t take a lot to imagine the severe emotional, psychological, physical, and economic devastation that can arise for individuals, families, and communities as a result of these actions.

A nation that respects human rights would do better.

Raha Jorjani is a Staff Attorney in the Immigration Law Clinic at the UC Davis School of Law. The Clinic’s work includes providing legal assistance and representation to non-citizens in removal proceedings, including those who have been detained by the Department of Homeland Security. Prior to working with the Clinic, Raha was a staff attorney for two years with the Florence Immigrant and Refugee Rights Project, a non-profit organization providing legal assistance to thousands of detained immigrants in Arizona, and an organization on the cutting edge of detention and deportation defense.

Friday, January 4, 2008

immigration and the border fence

hello SG readers. i was reluctant to post this for fear it had already been discussed but here goes anyway. in looking at the democratic candidates positions on immigration issues, i was surprised to see how many of them voted to authorize construction of a 700-mile fence along the U.S.-Mexican border. According to cnnpolitics.com the following democratic candidates voted to authorize it: Biden, Clinton, Dodd, & Obama. (i won't even bother with the republicans.)

A wall is not the answer to immigration reform or keeping out terrorists. It can only mean a strain on budgets, the environment & ecosystem, local indian tribes, and families trying to make a better life for themselves. I found this article to be informative.

I like Obama & Edwards and was especially surprised that Obama voted for it. What is he thinking? I also found this site that shows a mixed record of voting on border control. I'm not up to speed on all of the details so any insight is appreciated.

Sunday, December 16, 2007

...TOP 3 SG READER COMMENTS...

i thought i'd share some comments of interest this week from subversive garden readers, in response to our posts. we hope you will join the discussion...

immigration arrests:

"I am an illegal immigrant. I arrived here when I was only 2 years old. My brother when he was 12. My family applied for citizenship and went to court but due to what my mom says a 'stupid lawyer', we were mailed orders of deportation. I have experienced these 'raids' firsthand. 4 officers came into my dad's house and arrested him while I was sleeping. They proceeded upstairs into my 23 year old brother's bedroom where I was sleeping. He was placed in handcuffs because he was a threat as someone who does martial arts. I am 17 and am waiting to see my family again. --Anonymous


clintons are what's wrong with politics:

"What is most Rovian about this line of attacks is the subtle racism in it. I have not heard this said elsewhere. But it seems to me that in the United States, if you suggest that a black candidate was a drug dealer you are sending a coded message. 'Can we REALLY trust a black man to be president? You know what they're like.'

Personal attacks are part of American politics. But no other Democrat has yet done anything so irresponsible this year. We have a field brimming with history this year. An African-American, a woman, a Latino. This is a great strength of the Democratic Party. I am convinced it will benefit us electorally in 2008, and for many years to come (especially in light of the GOP's suicidal decent into xenophobia and racism).

Hillary is playing a dangerous game here. If African-Americans come out of this primary process convinced that Hillary won it through racism we are in real trouble in November.
She got away with it this time. One more such trick, and we risk shredding the Democratic coalition, and indeed harming the fabric of American society." --Paul Newell



from our brazilian logo creator, renato:

"Recently I saw the movie 'An Inconvenient Truth' by Nobel Prize winner and former future president of the US, Mr. Al Gore. Some jaw dropping facts there, huh? I have also read an article in National Geographic on global warming. It said that we humans are on the verge of going through an actual 'rite of passage', where for the first time we may not succeed.

My wife's brother lives in Rotterdam, Europe's largest port. The city is about 25 feet under sea level and my brother-in-law told me he eventually looks up and see ships passing by on top of a dam. He also told us the Netherlands was under alert a couple of weeks ago due to some serious ice thawing on the North Seas."

Wednesday, August 29, 2007

Danger Lurks for Immigrants (in New Jersey)

The Hispanic Bar Association President Ivette Alvarez wrote an op-ed piece to the Trenton Times today that is pretty noteworthy. It is fair, accurate and explains many of the dangers of the new Attorney General's Directive on immigration reform.

The Directive No. 2007-3 provides and directs law-enforcement officers to inquire of all individuals arrested and charged with indictable offenses and driving under the influence (DUI) about their citizenship. The directive further provides that "((i))f the officer has reason to believe that the person may not be lawfully present in the United States, the officer shall notify Immigration and Customs Enforcement (ICE) during the arrest booking process."

Ms. Alvarez says: "The HBA-NJ recognizes that comprehensive immigration reform is needed in our current system and is not opposed to reformation of the same. We do not object to immigration laws that, for instance, bar criminals from entering the country or provide for the deportation of a resident or undocumented immigrants convicted of serious crimes. However, there needs to be a balance that enhances international cooperation on immigration issues and ensures that the human rights and dignity of all immigrants and their families are respected and protected."

She credits the Attorney General for taking into consideration the "inherent dangers" in this directive, but says there are still insufficient safeguards to prevent misuse of the directive and racial profiling may occur as a result. Further, she says "we are further concerned that the lack of safeguards will cause immigrant victims and witnesses of crimes and civil wrongs to avoid contact with the police." This is a serious concern.

Section 287(g) of the Immigration and Nationality Act, caused the same concerns for the Hispanic bar and the "implementation of such a program [they opined] would lead to an increase of police stops and interrogation of persons of color who the police believe are undocumented immigrants." Implementation of such a program would lead to a reduction in the reporting of crimes against undocumented immigrants out of what Ms. Alvarez describes as "being separated from their families, being incarcerated and deported." Governor Corzine opposed the measure for similar reasons and said of the measure is a piece meal approach at local levels to a complicated problem which undermines "the critical trust communities must have ((of)) law enforcement..."

The directive gives an arresting officer the authority "not only to inquire about an arrestee's citizenship, but it gives the arresting officer the discretion (without any standards) to formulate a reasonable belief whether an arrestee "may" be in the U.S. unlawfully." Ms. Alvarez goes on to say the process is far too complex and will speed too quickly for an arresting officer to communicate the information to the ICE and may lead to inadequate information gathering and deportations in cases that are not necessary. Read the rest of the op-ed piece here.

Thursday, August 23, 2007

The GOP Seeks to Score Political Points with the Newark Slayings

The recent focus on illegal immigration and crime because of the Newark slayings is nothing more than politics. The slayings in Newark were brutal and there is no question about that. Families are grieving because of senseless murders certainly by psychopathic behavior.

Adding illegal immigration to this debate is to score points politically, period. Tom Moran's current column chastises those who seek to do this and blasts O'Reilly and the Republicans for their hypocrisy. But, quite frankly this is all nonsense.

First, anyone who has studied criminal behavior among immigrants and especially Latino immigrants know that criminality of illegal immigrants is far below that of the general population. We at the Subversive Garden recently gave Newt Gingrich Assclown of the Week for his comments on immigration and trying to score political points with the Republican base by calling the "war against immigration" a much more important war than Afghanistan and Iraq.

What is more the war against immigrants came into full swing with the contract with America (led by none other than Newt Gingrich) and illegal immigrants or legal immigrants can be deported for almost any crime. In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) which expanded grounds for deportation. More than 50 crimes were designated as an "aggravated felony" some of which are "neither aggravated nor a felony." Immigrants can now be deported for crimes of "moral turpitude" which can be crimes that are not even prosecutable.

We do not need tougher immigration laws corralling prisons and city streets looking for immigrants, that would be a travesty. Those charged with committing these heinous acts should have already been caught as part of the system. The system failed for some reason and tragedy occurred. This debate is only to score political points and derail an immigration bill that seeks to treat immigrants as human. Let us not let one tragedy derail an entire policy initiative. Acts by those who are here illegally are no less heinous than native born Americans and that occurs at a much more alarming rate.

Tuesday, August 21, 2007

The Immigration Debate


I saw this on Crooks and Liars and could not resist posting. It defines to me the hypocrisy in the debate and racist tendencies toward anyone different than "us." Whatever "us" is?

Wednesday, August 15, 2007

Assclown of the Week: Gingrich Goes for Xenophobia

I think we have our Assclown of the week. Newt Gingrich said yesterday: the "war here at home" against illegal immigrants is "even more deadly than the war in Iraq and Afghanistan." He said he is "sickened" that President Bush and Congress went on vacation "while young Americans in our cities are massacred" by illegal immigrants.

Gingrich is referring to the brutal Newark murders that took place last week. One man whom police believe was involved in the murders — Jose Lachira Carranza — is an illegal immigrant from Peru who had been released on bail on charges of raping a child when the murders occurred.

Gingrich said another suspect in the Newark murders is an illegal immigrant from Nicaragua with a long record of arrests who was ordered deported in 1993 but never left.
However, The (Newark) Star Ledger reported Tuesday that the man — Rodolfo Godinez — obtained permanent legal residency in 2001.

Putting aside the brutal murders that took place and indeed they were brutal, Gingrich is doing trying to score points on those who are powerless advocating a lie and an appealling to the lowest end of our nature. It is well known that the crime rate among latino immigrants "is lower than that of the general population, and most other ethnic groups as well, including whites." This is a fact that any politician knows and if they don't they are even more of an assclown.

But, to play on people's fears much the way the Bush administration has done with Arab Americans is sickening. It appeals to the nativist in America, the xenophobia that is here and the nationalism that has gripped America since September 11, 2001. He seeks to blame an entire population of immigrants for the crime of one. Shame on him for he is an Assclown.

Thursday, July 19, 2007

Bill Clinton and Immigration

This morning a colleague and I were discussing Bill Clinton and his remarkable abilities as a politician. I told a story of someone I knew in D.C. who directed Arlington Cemetery and met him once and had a brief two minute conversation with him. The next year walking through a crowd at the annual ceremony he stopped and said hello to my friend and referenced the conversation he had with her the year before. She was dumbfounded and it is mind boggling how intelligent he was and is. It makes me sad, however because a man of such potential in my opinion ruined the democratic party. My colleague mentioned the immigration bill passed under Clinton's watch when Congress passed legislation making "deportation a mandatory penalty for a long list of crimes, including minor, non-violent offenses committed years before the laws went into effect." Ironically a report released today indicates just how bad it has gotten.

Human Rights Watch said in a report today the mandatory deportation of legal immigrants convicted of a crime, even a minor one, has separated an estimated 1.6 million children and adults, including US citizens and lawful permanent residents, from their non-citizen family members, Human Rights Watch said in a report released today.

The Press Release says:

“The laws are not only cruel in their rigidity, they are senseless,” said Alison Parker, senior researcher for Human Rights Watch’s US Program and author of the report. “How do you explain to a child that her father has been sent thousands of miles away and can never come home simply because he forged a check?”

Prior to 1997, immigrants who committed a crime were permitted to go before an immigration judge, who could exercise his or her discretion in imposing penalties. However, the legislation Congress passed in 1996 precluded immigration judges from considering whether deportation would be excessively harsh in light of the immigrants’ family relationships, community ties, US military service records, or the possibility of persecution if returned to their country of origin. The deportation takes place after the non-citizen has completed the terms of the sentence imposed for the crime.

According to Immigration and Customs Enforcement (ICE) data included in the report, 64.6 percent of immigrants deported for crimes in 2005 had been convicted of non-violent offenses, including non-violent theft offenses such as shoplifting. Read the Full Report here.

This happened under Clinton, not Bush. So did the Telecommunications Act of 1996, Welfare Reform, NAFTA, etc. The list goes on. Let us not go back to the Clinton years although they were indisputably better than now. Let us move on to a place where the government supports the people no matter the color of their skin, their gender, sexual orientation and yes their country of origin. Because no human is illegal.