Not too much to report this week on immigration, since Thanksgiving has been the first order of business for most. I think I can keep you busy for at least half an hour though. Take a moment to read the news on immigration from Monday, November 23 to Monday, November 30.
If you only read one article this week, it should be the Boston Globe editorial, "Where Conservatives Have It Wrong," which discusses how undocumented immigrants actually embrace the can-do spirit that has characterized the United States since its inception. Jeff Jacoby argues that conservatives should recognize that the broken immigration system itself impedes undocumented immigrants from adhering to the law. In calling for comprehensive immigration reform, he writes, "Those immigrants didn’t come here in order to be lawbreakers; they broke a law in order to come here."
The New York Times also has an editorial on immigration, but this one is on the criminalization of immigrants. The newspaper calls out Secretary Janet Napolitano for providing some misleading information on community enforcement actions in her recent speech at the Center for American Progress. Racial profiling has no place in immigration enforcement, yet ICE's Secure Communities program runs the risk of harming innocent immigrants in the name of fighting crime. A key quote: "Laws must be enforced, but doing it this way hurts the innocent, creating a short line from Hispanic to immigrant to illegal to criminal."
Georgia Detention Watch just held a rally, vigil, and funeral procession on November 20, in memory of Roberto Martinez Medina, a 39-year-old man detained at the Stewart detention facility who died back in March of a treatable heart infection. For more information on deplorable detention conditions and what you can do about it, read our blog series, "Stories from Detention." You can also watch a video of the Georgia events here:
Communities around the country continue to speak out, saying that now is the time for immigration reform, and the Associated Press has noticed unprecedented levels of diversity among immigration advocacy groups. Not only Latino immigrant-based organizations, but Asian-Americans, Pacific Islanders, the NAACP, Caribbean-Americans, faith groups, LGBT advocacy groups, and others are coming together in the quest for reform. By finding solidarity in their quest for equality and justice in immigration reform, advocacy groups of diverse backgrounds and origins are coming together for change.
If you're traveling for Thanksgiving, you're probably looking for something to read to while away the hours on the train or the bus. Luckily for you, Helen Thorpe, a journalist from Colorado and a long-time FCNL supporter, has just published a new book! "Just Like Us: The True Story of Four Mexican Girls Coming of Age in America" is a fast-paced piece of narrative journalism that examines questions of identity, nationality, and gender in a world where equal opportunity is called into question.
Thorpe, the wife of Denver mayor John Hickenlooper, masterfully personalizes the immigration debate by documenting the lived experiences of four young Mexican women growing up in Denver, CO. One is a U.S. citizen, another a green card holder, and two are undocumented. The story opens on the eve of their prom and follows the girls through four challenging years. Each desires to pursue her ambitions but some are thwarted by their immigration status.
Then, a high-profile murder - of a police officer by an undocumented immigrant - rocks the Denver community. Thorpe, her husband, and the four young women must struggle to deal with the aftermath.
Publishers Weekly writes, "Thorpe chronicles the girls' lives over four years, delineating the small but arresting differences that will separate them and shape their futures." The Denver Post reports, "Thorpe — a naturalized citizen originally from London — raises huge questions while simultaneously offering an uncommon insider's look at the ramifications of citizenship for communities coping with the issue."
If anything, you should read this book because it takes a close and compassionate look at what it really means to live day to day without citizenship, which so many take for granted. In a world in which people are increasingly willing to adopt an exclusionary definition of what it means to be American, this book will encourage you to reconsider your outlook on immigration.
As we prepare for Thanksgiving and gather our loved ones close, let's look forward to a new season in which all families, including immigrant families, can stay together. Immigration reform could be around the corner, but only if momentum keeps building. Take a look at the news on immigration from Monday, November 16 to Monday, November 23. Happy reading!
The Senate has started its final debate on the health care reform bill, which it hopes to pass before the turn of the year. However, the Senate version of the bill restricts health care for immigrants in ways that the House version does not. The House version allows undocumented immigrants to use their own money to buy into the health insurance exchange, if their employers do not cover them. The Senate version does not have this option. Neither would permit undocumented immigrants to receive federal subsidies on their insurance. Members of the Congressional Hispanic Caucus are upset at the Obama administration for supporting these restrictions - which reduce access to health care - and they're not afraid to voice their frustrations. Meanwhile, undocumented immigrants with life-threatening conditions are being turned away by public hospitals that can no longer afford to serve them.
The Reform Immigration FOR America campaign organized a telephonic town hall with Representative Luis Gutierrez last Wednesday and it was a huge success! Representative Gutierrez was joined by Representatives Nydia Velazquez and Raul Grijalva on a conference call with thousands of people across the country. Rep. Gutierrez restated his commitment to passing humane immigration reform this Congress. He plans to introduce his progressive bill on comprehensive immigration reform this December. Click here to listen to a recording of the campaign's conference call.
The economic recovery hasn't advanced as far as anyone would like and immigrants - just like everyone else - are feeling the pinch. The Migration Policy Institute's new report actually suggests that many immigrant workers have been affected more deeply by the recession than native-born workers. Labor unions have been speaking out in favor of immigration reform, recognizing that improving working conditions for immigrant and low-wage workers will benefit everyone in the long run.
One component of immigration reform that would support workers' rights and economic growth is the creation of a reasonable pathway to legal status and eventual citizenship for undocumented immigrants. However, rising application fees may soon stand in the way of those seeking to come out of the shadows. Citizenship and Immigration Services (USCIS) is experiencing a major budget shortfall and may increase application fees - again - in order to cover costs. Since 2007, a green card application has cost more than $1000 and a citizenship application costs $595. If fees rise again, many immigrants will be unable to overcome this barrier as they seek to integrate more fully into U.S. society by regularizing their legal status.
Immigration and Customs Enforcement (ICE) has announced plans to audit 1,000 more companies suspected of hiring undocumented immigrants. Following the dismissal of 1,200 janitors in Minnesota in what the Minnesota Public Radio called a 'quiet' immigration raid, this announcement by ICE points to a new enforcement trend. Comprehensive immigration reform would enable undocumented immigrants to come out of the shadows, ensure that their rights as workers are protected, and reduce incentives for disingenuous employers to exploit their workers. Let's be proactive by reforming the system, instead of ramping up enforcement.
The New York Times has published an excellent editorial on how children in immigrant families are suffering under the current broken immigration system. These children often endure long separations from one or both parents. These separations damage children psychologically, drive them into poverty, and negatively affect their academic performance. They are not well-supported by the current system, as they try to integrate into U.S. society. This is not an issue "out there" but one right at the doorstep. The United States is built on immigration, and the U.S. government would be doing a tremendous disservice to society as a whole by failing to integrate immigrant children into mainstream society.
Creating alternatives to detention would be a bold step in fixing this country's broken immigration system. Before we get into alternatives, let's take a brief look back to see what we've learned so far.
We've learned that immigration is a human rights issue. Protecting the human rights of all immigrants, including those held in detention centers, is critical in order to restore the credibility of the U.S. immigration system.
We've learned that lacking the proper documentation is a civil offense, not a criminal offense. Even so, undocumented immigrants are being treated as if they were criminals - they are detained in detention centers across the country and deported at times without ever appearing before a judge. These immigrants deserve better.
We've learned that the conditions in detention facilities are substandard and that members of vulnerable populations are not sufficiently protected. While these conditions need to be improved, ultimately the number of people held in immigration detention centers must be reduced.
This final post will discuss humane and cost-effective alternatives to detention.
Before we dive into the details, let's watch a video from Human Rights First about the need for alternatives to detention for asylum seekers. Then we'll take a look at what it will take to create a nation-wide system of alternatives that works for everyone.
In order to move toward a more humane approach to immigration enforcement, the U.S. government should develop alternatives to detention in a systematic way. Currently, some alternatives exist here and there, but much more could be done to create humane alternatives on a national scale. A systematic approach to reform will ensure that all immigrants are treated equally.
What would humane alternatives to detention look like?
The first step in creating nation-wide alternatives to detention is establishing a standardized assessment. When each individual detainee is apprehended, ICE would conduct an assessment that would examine the detainee's risks and needs. Questions on risks would establish whether the detainee could be considered a flight risk or a threat to public safety. Questions on needs would determine whether the detainee belongs to a vulnerable population, whether they have a claim to citizenship or legal status, whether they need medical care, and so on.
By conducting this assessment, ICE would have a much better sense of who exactly is in its custody. The agency would then be well-positioned to consider whether detention is appropriate for each individual.
The next step would be to determine whether it makes sense to detain each individual. We're not talking about an either-or proposition here, as if either a person is detained or released. Instead, we're talking about creating a continuum of different alternative-to-detention options.
ICE would use its risk and needs assessment to determine which option is most suitable for each detainee. That way, ICE would treat each detainee individually instead of using the current one-size-fits-all approach in which detention is the default.
In this continuum, detention would be a last resort.
Let's start by looking at the least restrictive end of the continuum. At the far end, immigrant detainees who are non-criminal and do not pose a risk to society could be released on parole. They would be expected to appear to their court dates on their own. Others could be released into community-based or faith-based programs, where they would receive support as their cases proceed. Others could be enrolled in alternative-to-detention programs that would include regular check-ins with an officer or telephonic reporting. These would be the non-custodial alternatives to detention.
The more restrictive options in the continuum would be alternative forms of detention (as opposed to alternatives to detention). The most common of these forms is electronic monitoring, through ankle bracelets. Detainees in these programs could also be expected to check in regularly or adhere to a curfew. Then, moving up the scale, immigrant detainees could be held in residential facilities. Finally, those who are deemed a flight risk or a threat to public safety could be held in less restrictive detention facilities or traditional detention facilities as appropriate.
Essentially, detention would no longer be the first option. It would be the last. This continuum of alternatives would ensure that detention - an extreme measure - would only be used when it is absolutely necessary.
In political parlance, such a continuum would create a presumption against detention. The burden would be on the U.S. government to prove why immigrants should be detained, instead of on those in its custody to prove why they should not be detained.
Is this continuum of alternatives to detention possible?
It is not only possible, but necessary. The current immigration detention system is inefficient, costly, and prone to human rights abuses. Creating alternatives to detention would improve this system.
Pilot programs for alternatives to detention have demonstrated high levels of compliance, in that almost all participants still showed up for their court dates and removal orders. If people feel that they're receiving due process, if they respect the system and feel that they've been heard, then they're more likely to respect the final decision on removal.
In addition, creating a nation-wide system of alternatives to detention would save money. Alternatives cost as little as $12 per person per day, while traditional detention costs, on average, $95 per person per day. Finally, alternatives would make the system fair by keeping people out of detention who don't belong there.
The ultimate goal is to safely and humanely reduce the number of immigrants in detention. Creating a continuum of alternatives to detention would be a workable solution that would fix the broken immigration enforcement system and uphold this country's commitment to justice.
So call or write your Representatives and Senators and tell them that the time for immigration reform is now. Encourage them to include humane detention and due process reforms in comprehensive immigration reform. Contact the Department of Homeland Security and tell them that the government should use its discretion to create alternatives to detention. Speak up in church, at school, or at home and tell your community about how to support workable solutions to this broken immigration detention system that disrupts the lives of so many each day.
Want to learn more, or share what you've learned with others? Check out these resources on detention and alternatives to detention.
The Detention Watch Network is an excellent resource for information on detention and due process. Click here for their alternatives to detention fact sheet. Click here for the Rights Working Group fact sheet on detention and due process.
Wondering whether there's a detention center near you? Click here to see a map of detention facilities around the country. Want to get some friends together and visit detainees? Read this detention visitation manual to learn how to connect your community with immigrant detainees.
To read more stories on detention, visit this website from the Detention Watch Network.
To be neutral in a situation of injustice is to have chosen sides already.
It's been a busy week for immigration news! Grab a cup of coffee, sit back, and take a look at the news on immigration from Monday, November 9 to Monday, November 16.
First, and most importantly, Secretary Janet Napolitano of the Department of Homeland Security announced on Friday that the Obama administration remains committed to reforming the U.S. immigration system this Congress. Speaking at the Center for American Progress, Napolitano referred to immigration reform as a "three-legged stool" that "includes a commitment to serious and effective enforcement, improved legal flows for families and workers, and a firm but fair way to deal with those who are already here." Click here for a related New York Times article and here for a video of her remarks.
Lou Dobbs, known for his incendiary remarks on CNN about undocumented immigrants, announced on Wednesday that he is leaving the network. As a New York Times editorial opines, without Dobbs CNN will return to being a more nonpartisan, less ideological source of information on immigration. Members of the Drop Dobbs campaign celebrated his departure.
Sholom Rubashkin, one of the former managers of the Agriprocessors plant in Postville, Iowa that was the focus of a massive immigration raid in May 2008, has been convicted of 86 financial fraud charges. Rubashkin will likely face a prison sentence of hundreds of years - effectively a life sentence. The Postville community and the families directly affected by the raid continue to seek healing.
Washington, D.C. will become the newest city to participate in Secure Communities, an immigration enforcement program run by ICE (Immigration and Customs Enforcement). Secure Communities will allow D.C. police to check the fingerprints of those held in local jails in order to identify undocumented immigrants. Those identified as undocumented immigrants by the system will then likely be placed in deportation proceedings. At FCNL, we maintain that federal immigration law should only be enforced by federal agents with the proper training and oversight.
The New York Times reported this morning that remittance flows between the United States and Mexico have actually reversed temporarily due to the economic recession. Relatives outside the United States are sending money to their family members who have recently become unemployed in this country. Remittances are an often-overlooked aspect of immigration - for many countries, the amount of money received as remittances is greater than the amount received from foreign direct investments. In these countries, remittances are often a source of economic stability.
Who, might you ask, is joining the chorus of people calling for immigration reform? The answer: The pope. Pope Benedict XVI said on November 9 that "people should not look upon immigrants as problems, but as fellow brothers and sisters who can be valuable contributors to society." He spoke on global migration patterns, development, and the unequal distribution of resources. And guess who agrees? Google's co-founder's mom has also spoken out, saying that immigrants contribute a wealth of new strengths and ideas to the U.S. economy.
The Wall Street Journal reported that, according to federal data, the number of arrests at the U.S. border has declined by more than 23% in the past year. This trend can be attributed to declining economic conditions and increased border enforcement, among other factors. However, this decline in arrests does not take away from the need to realign border enforcement with humanitarian values in a way that respects fragile environments, preserves religious sites, and integrates the concerns of border communities.
Here's something you may not have heard of in mainstream media: Last month, there was a 'quiet' immigration raid in Minnesota in which 1,200 undocumented janitors were fired from their jobs. Minnesota Public Radio reported this raid on November 9. While workplace raids have been significantly less common under the Obama administration, immigration enforcement actions like this one still force undocumented workers to stay in the shadows.
I'll leave you with a powerful op-ed written by Representative Lucille Roybal-Allard (CA). Representative Roybal-Allard commends Secretary Napolitano for the administration's commitment to detention reform, but maintains that Congressional action is still needed to ensure the humane treatment of immigrant detainees. Enacting her bill, the Immigration Oversight and Fairness Act, would be a strong step in the right direction. She writes, "With the adoption of these reforms, America’s immigration jails—long a national embarrassment—will finally reflect our laws and our values."
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