Injunction Granted, Just in Time!

Great news!!

A federal judge has blocked key provisions of S.B. 1070, the controversial immigration law in Arizona that was scheduled to go into effect tomorrow. The judge has blocked the requirement that police have to check the immigration status of anyone they "reasonably suspect" of being in the country without authorization.

A judge grants a preliminary injunction if he or she finds that the case is likely to suffer "irreparable harm" if the judge does not prevent the law (or part of the law) from going into effect. If police in Arizona were to start enforcing S.B. 1070 tomorrow, it would profoundly alter the context in which the lawsuits are considered.

You can read the full decision here.

Still, even though the critical components of S.B. 1070 will not go into effect tomorrow, some of the horrific effects of this discriminatory immigration law are already visible:

• Immigrants - both those with and without papers - have been packing up and fleeing the state in search of safer territory.
• Arizona's economy has plummeted due to a national boycott in which tourism has dropped, conferences have been rescheduled elsewhere, and cities across the country have refused to support business with Arizona.
• U.S. citizens fear being wrongfully deported if they experience racial profiling.
• Well-intentioned police officers in Arizona struggle to determine how to walk a fine line.
  

For more information, see the Detention Watch Network's website about the consequences of S.B. 1070, or see Immigration Policy Institute's new report, "A State of Confusion."

Advocates have been gathering in Arizona to participate in prayer vigils and to consider acts of civil disobedience if the law were to fully come into effect tomorrow. Meanwhile, the private prison industry stands to make a profit from increased arrests, detentions, and deportations - even if the people they detain were picked up due to racial profiling. No matter what, all eyes have been on Arizona.

At FCNL, we welcome the injunction against S.B. 1070. We hope that states considering similar proposals will rethink their positions, given the situation in Arizona at this point. Above all, we urge President Obama and members of Congress to act swiftly to comprehensively reform the broken immigration system, to reassert federal control and restore the U.S. tradition of welcoming immigrants.

In Our Community: Immigration News

It's been a hot, hot week in DC and immigration has been heating up around the country, with Arizona's new immigration law (S.B. 1070) so close to taking effect. Keep up with the news on immigration from Monday, July 19 to Monday, July 26.

On July 24, advocates created their own ICE checkpoint at Netroots Nation, demanding the "papers" of all white conference participants before they would be allowed to enter the cafeteria. This creative direct action drew attention to the problems of racial profiling in immigration enforcement. One of the people who got stopped said, "Even though it was a total satire, it was right on. And you can begin to get a sense of what that would be like to constantly have the fear that you will be asked to produce papers." The checkpoint was inspired by this direct action, posted on YouTube earlier in the year.

Human Rights Watch has published a new report, "Deportation by Default," which addresses the particular vulnerabilities of immigrants with mental disabilities who are held in jail-like detention centers for months or even years. These immigrants do not have the right to a lawyer and they are often unable to represent themselves. Justice is denied. As Sarah Mehta, the report's lead author, says, "Someone who doesn't know their own name or what country they're from is going through some of the most complicated legal proceedings in the United States with no right to assistance, even when everyone in the courtroom knows they need it."

One in five New York public school districts is requiring immigration papers in order for a child to enroll in school, even though the Supreme Court ruled in 1982 that all children, regardless of legal status, must be given equal access to public education. This discriminatory requirement discourages families from bringing their children to school, for fear of being deported.

The Feet in Two Worlds blog has posted an excellent story, "Listening to Both Sides in Arizona's Immigration Debate," which interviews two individuals on different sides of the immigration debate. It's an important reminder of this basic lesson: Listening to one another helps establish trust, which counters the fear that too often drives the conversation on immigration issues.

The TransAfrica Forum has released a new report assessing the conditions in Haiti, now six months after the devastating earthquake. The displacement camps continue to face "atrocious" conditions, with issues such as flooding, gender-based violence, disease, and access to food, water, and housing remaining severe. FCNL worked to secure Temporary Protected Status (TPS) for Haitians in the United States, which was granted just after the earthquake.

Arguments in AZ Lawsuits Heard Today

Today, a federal court in Arizona has been hearing arguments in two challenges to S.B. 1070, Arizona's new immigration law which would require police officers to check the legal status of anyone they "reasonably suspect" to be an undocumented immigrant.

The first lawsuit was brought by the ACLU, MALDEF, the National Immigration Law Center, the NAACP, the National Day Laborer Organizing Network, and the Asian Pacific American Legal Center. The second was brought by the Department of Justice.

These two challenges are being argued back to back, and the court will decide whether to issue a preliminary injunction to keep S.B. 1070 from going into effect on July 29.

FCNL strongly opposes the Arizona law, which opens the door to racial profiling and distracts police officers from their primary tasks of ensuring community safety. Federal immigration law should only be enforced by federal authorities, not by state or local authorities without proper oversight, training, or authorization. Stay tuned for the results of today's arguments in court...

National Guard to be Deployed August 1

The Department of Homeland Security has just published this press release. FCNL is deeply disappointed with the decision to deploy 1,200 National Guard troops on the US-Mexico border. We urge the administration, rather than further militarizing the border, to work toward long-term solutions to reform our broken immigration system and to address the root causes of migration.

The press release is copied in full:

Obama Administration Announces Aug. 1 National Guard Deployment to Support Federal Law Enforcement Along the Southwest Border

Release Date: July 19, 2010

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Washington, D.C. - Department of Homeland Security (DHS) and Department of Defense (DOD) today announced that National Guard deployments to the Southwest border will begin on Aug. 1 as part of the administration’s unprecedented efforts to combat the transnational criminal organizations that smuggle weapons, cash and people across our Southwest border.

“Over the past year and a half, this administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure,” said Secretary Napolitano. “These troops will provide direct support to federal law enforcement officers and agents working in high-risk areas to disrupt criminal organizations seeking to move people and goods illegally across the Southwest border.”

In May, the President authorized the deployment of up to an additional 1,200 National Guard troops to the Southwest border to provide support for intelligence surveillance and reconnaissance, and counternarcotics enforcement—providing support for one year as part of the administration’s unprecedented efforts to crack down on transnational smuggling and cartel violence, as CBP continues to recruit and train additional officers and agents to serve on the Southwest border.

The National Guard Southwest Border deployments augment CBP and ICE resources and assets already at the border, and include:

• 224 in California
• 524 in Arizona
• 72 in New Mexico
• 250 in Texas
• 130 serving as command and control and other support.

In deploying these personnel, the National Guard Bureau is operating under a request for assistance from DHS. Border security is a law enforcement mission, and these troops will augment the Administration's efforts to crack down on the drug cartels and transnational criminal organizations that operate along our Southwest border.

In agreement with DHS, beginning August 1, selected National Guard Members from Southwest border states will begin the necessary training and integration planning to knit them into our nation's border security operating structure,” said Gen. Craig McKinley, Chief of the National Guard Bureau. “The National Guard is deploying in response to DHS’ request for assistance,” he added, “and will serve in law enforcement support roles consistent with the Administration's view that border security is a law enforcement challenge.”

The President has also requested $600 million in supplemental funds for enhanced border protection and law enforcement activities, which are critical to our ongoing efforts.

Last week, Secretary Napolitano announced more than $47 million in fiscal year 2010 Operation Stonegarden grants for the Southwest border states to support law enforcement personnel, overtime, and other related costs to enhance the capabilities of state, local and tribal law enforcement to secure the U.S.-Mexico border. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas—up from 59 percent in 2008.

For more information, visit www.dhs.gov or www.ng.mil.

In Our Community: Immigration News

Grab a cup of coffee and join us in reviewing the immigration news from Monday, July 12 to Monday, July 19:

What's happening in Arizona these days? Immigration Impact offers a closer look at the 7 lawsuits against SB 1070. Unless the court issues an injunction, the new law will go into effect on July 29, a mere ten days from now. Meanwhile, eight states (Michigan, Florida, Alabama, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas and Virginia) have submitted an amicus brief in support of SB 1070, despite the Justice Department's assertion that the new law is unconstitutional. In addition, Arizona's tourism industry feels the effects of the boycott and managers express uncertainty about whether the downturn in business will continue into 2011.

Grassroots Leadership has published a draft paper, "Operation Streamline: Drowning Justice and Draining Dollars along the Rio Grande." This report lays out concerns with the Operation Streamline policy, which requires all undocumented immigrants apprehended near the border to be detained and processed in the criminal justice system. Operation Streamline overloads federal criminal courts, strains taxpayers' resources, and fails to provide a practical and humane solution for undocumented immigrants seeking entry to the United States.

More on the border: A Washington Post op-ed finds that it costs about $10 billion per year to maintain operations on the US-Mexico border, but increased enforcement actually has some pretty serious unintended consequences - trapping undocumented workers in the United States. TRAC reports that immigration prosecutions are at the highest level they've been since the height of prosecutions under the Bush administration, with more than 10,000 prosecutions in April 2010 alone.

A new immigration detention center is being built in Virginia. Once completed, it will be the largest of its kind in the Mid-Atlantic, holding between 500 and 1000 immigrant detainees. The state anticipates a rapid influx in detainees as it fully implements the Secure Communities program, which scans jail databases for anyone who may be undocumented. This facility, like many across the country, is privately run. It is clear that Secure Communities, a problematic immigration enforcement initiative, will do one job very well: boosting the profit margins of many private prison contractors.

You can read more about the intersection of immigration and the private prison industry here and here.

The New York Times reports on the Obama administration's shift in worksite enforcement, from high-profile raids to so-called "silent raids" in which companies are audited for hiring undocumented workers. The raids of earlier years would detain workers en masse, tear apart families, and deny justice to those who were deported. Audits are certainly more orderly, and they focus on punishing employers rather than employees. Still, without overhauling the immigration system, the economy still requires foreign workers and even well-intentioned employers may struggle to meet those demands while remaining within the bounds of the law.

In Our Community: Immigration News

Image courtesy of WikiMedia Commons

Congress has remained pretty quiet lately on the subject of immigration, but the impacts of the broken immigrations system continue to disrupt our communities. I'll share a bit of news with you from Monday, July 5 to Monday, July 12.

On July 6, the U.S. Department of Justice filed a lawsuit against Arizona over S.B. 1070, the new immigration law that would require police officers to check the legal status of anyone they "reasonably suspect" to be an undocumented immigrant. You can read more about it on our "breaking news" blog post from that date. In addition, Attorney General Eric Holder has requested an injunction to prevent S.B. 1070 from going into effect at the end of the month.

In an effort to push back against hate rhetoric in our communities, FCNL has developed a Letters-to-the-Editor Toolkit for you. Letters to the editor take no more time to write than emails to Congress, and by writing for a public forum, you can potentially influence both your state and federal legislators and many of the voters who elect them.

I've been listening to podcasts from a workshop on detention in the United Kingdom, "Meaning & Practice of Immigration Detention - Perspectives from Legal, Social & Political Theory." The lectures examine the legal and political frameworks as well as the social impact of immigration detention and asylum.

Unemployed? We've got a solution for you. Stephen Colbert and the United Farm Workers have teamed up to promote a new tongue-in-cheek campaign, "Take Our Jobs." This campaign hopes to "recruit U.S. citizens and legal residents to fill jobs that frequently go to undocumented farm workers and to urge enactment of immigration reform."

I'll leave you with a wonderful thought piece from Taquiena Boston, the Director of Multicultural Growth and Witness with the Unitarian Universalist Association, who writes:

In multicultural ministry borders or “la frontera” are described as places where encounter, conflict, and transformation can occur when people of faith use our collective power to amplify the voices and concerns of the oppressed. To my mind when Unitarian Universalists voted at the Minneapolis General Assembly to act in solidarity with Puente and others to support immigrant justice, our movement waded into the turbulence of a human rights issue that puts us at odds with the majority of Americans. To paraphrase an African American spiritual, Unitarian Universalists made a commitment to “trouble the borders.”

Now that the U.S. Justice Department has challenged the constitutionality of Arizona’s SB 1070 legislation, I hope that our movement will not think that we can relax our efforts around immigration...

Take Our Jobs

Image courtesy of Ag Worker Health Project

Are you a native-born resident of the United States? Looking for a job? Sign up today to be a farmworker! But United Farm Workers offers a cautionary note:

Job may include using hand tools such as knives, hoes, shovels, etc. Duties may include tilling the soil, transplanting, weeding, thinning, picking, cutting, sorting & packing of harvested produce. May set up & operate irrigation equip. Work is performed outside in all weather conditions (Summertime 90+ degree weather) & is physically demanding requiring workers to bend, stoop, lift & carry up to 50 lbs on a regular basis.

On Thursday, Stephen Colbert hosted Arturo Rodriguez, the president of United Farm Workers (UFW), on his political comedy show, "The Colbert Report." The interview promotes the UFW's national “Take Our Jobs” campaign, a tongue-in-cheek effort to "recruit U.S. citizens and legal residents to fill jobs that frequently go to undocumented farm workers and to urge enactment of immigration reform."

You can watch the interview here.

About 85% of the U.S. farm worker population is foreign-born, and the vast majority of these immigrants lack work authorization. AgJOBS, as part of a comprehensive immigration reform package, would provide these workers with protections and offer a pathway to legal status.

Breaking News: Justice Department Files Lawsuit Against Arizona

Photo from Alto Arizona

The Justice Department has filed a federal lawsuit against the state of Arizona, regarding its new law requiring police officers to check the legal status of anyone they "reasonably suspect" to be an undocumented immigrant. Secretary of State Hillary Clinton announced that the lawsuit would be filed several weeks ago, and it comes on the tail of President Obama's major speech on immigration last week.

The official press release is available on the Justice Department website. Politico also provides coverage.

As expected, the Justice Department's brief states that S.B. 1070 is unconstitutional. “[T]he Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.”

The brief also makes the point that S.B. 1070 interferes with federal immigration enforcement and distracts police officers from their regular duties.

Arizona's new law is scheduled to go into effect on July 29. Attorney General Eric Holder has requested an injunction but it has not yet been granted.

FCNL recognizes that inaction at the national level has created a vacuum into which states have stepped to create their own immigration laws. We oppose the new Arizona law, which opens the door to racial profiling and erodes trust between police officers and the communities they serve. We welcome the Department of Justice’s lawsuit, which asserts that federal immigration laws should be enforced by federal authorities. The Obama administration does not want to see a patchwork of state laws created, which would only yield a more chaotic and less humane immigration system.

The outcome of this lawsuit may influence the twenty-two other states which have proposed or introduced similar legislation. Ultimately, however, blocking state legislation will not be enough to fix the broken immigration system. We urge Congress to enact comprehensive, humane immigration reform before more states and cities decide to follow Arizona’s path toward a reactionary state in which we all have to “show our papers” to prove our legitimate status in the United States.

Not Surprising

Photo courtesy of Latin American Studies

Yesterday, President Obama delivered his first major speech on immigration reform.

A year and a half ago, when he took office, President Obama was poised to act on an agenda of change - and to make good on a promise to reform the broken immigration system within the first year. That promise has not been kept.

In fact, the situation now is worse than it was then. Deportations are on the rise, immigration courts are overburdened, and families live in constant fear of being separated. In the absence of bold leadership from President Obama and swift action by Congress, states have taken matters into their own hands with dire consequences.

This speech was notable as much for its omissions as its content. We did not hear the president setting a timetable for drafting and passing a bill. We did not hear a commitment to protecting vulnerable populations during immigration enforcement actions. We did not hear any mention of the anticipated Department of Justice lawsuit against Arizona's new law.

What did we hear? A compassionate description of the value of immigrants' contributions to U.S. society and economy, an outline of the major components of immigration reform, and accusations that the minority party has impeded the creation of a viable bill. In short, nothing new.

President Obama did call the new Arizona law "ill conceived" and "divisive," and he acknowledged that we can't "solve the problem only with fences and border patrols." Still, at the moment the administration is doing just that. At FCNL, we are deeply disappointed with the president's decision to deploy 1,200 National Guard troops on the U.S.-Mexico border.

As the New York Times editorializes, "Mr. Obama appealed to middle of the debate, to Americans who crave lawfulness but reject the cruelty symbolized by Arizona’s new law." If lawfulness is the goal, then we need Congress to provide a federal solution - and soon.

Missed the speech? You can watch the video here or read the transcript here.

The New York Times and the Wall Street Journal both offer coverage of the speech.

Comprehensive Immigration Bill in House Secures 100 Cosponsors

Families attend the immigration march in DC in March 2010.

Today, Representative Luis Gutierrez (IL) held a press conference to announce that his bill, CIR ASAP (Comprehensive Immigration Reform for America's Security and Prosperity), has secured 100 cosponsors.

FCNL welcomed the introduction of CIR ASAP in December 2009, and we have worked to promote cosponsorship of the bill. Thank you to the thousands of constituents who wrote letters to their representatives urging them to join this comprehensive immigration reform bill. As Rep. Gutierrez said today, the achievement of gaining 100 cosponsors is a "milestone."

The immigration system is broken, and the consequences of inaction are becoming increasingly severe. More than 22 states are considering or have introduced legislation that mimics Arizona's new law, S.B. 1070, against which the Department of Justice will be filing a lawsuit. Families are torn apart on a daily basis and the number of detentions and deportations is skyrocketing.

I'll leave you with a quote from Rep. Gutierrez's press release this morning:

We know the legislative clock is ticking. We know people are getting deported at the highest rate in modern history. We know that the inter-related problems of illegal immigration, clogged and unattainable legal immigration, border security, deportation, detention, and a two-tiered labor market that hurts all workers will not solve themselves... We need a rational solution. We need a practical solution. We need a fair solution.

In Our Community: Immigration News

Hello again and welcome back to this week's immigration news. I hope you'll understand why I've been absent from the blog for a week or so when you see this photo. I've been traveling in New Mexico for FCNL - and you can read all about my trip right here. To get back in the swing of things, here is your immigration news from Monday, June 14 to Monday, June 21.

We finally have the extremely important news we've all been waiting for - although not, perhaps, announced in the way we would have anticipated. The Department of Justice will file a lawsuit against Arizona's anti-immigrant law. This news was announced by Secretary Clinton, not Attorney General Holder, but administration officials have confirmed the upcoming lawsuit and said that the details are in the works. Arizona SB 1070 is scheduled to go into effect on July 29, and similar bills have been introduced or considered in many states.

The Supreme Court ruled on June 14 that immigrants will not be automatically deported for minor drug offenses. This is a significant step toward ensuring due process protections for immigrants. Stringent anti-immigrant laws passed in 1996 expanded the definition of "aggravated felony" to include minor crimes such as drug possession and shoplifting, and required mandatory deportation for these crimes. Since then, immigrants have been unduly criminalized and deported without adequate judicial review. Now, Carachuri-Rosendo v. Holder will protect immigrants from being automatically deported for minor drug offenses.

The Immigration and Customs Enforcement (ICE) agency is overhauling its immigration detention system, and one of its contractors is getting out there early. Corrections Corporation of America (CCA) will modify its nine detention facilities to "soften the conditions of detention" and allow immigrant detainees to wear their own clothes, have lengthy contact visits with their families, and enjoy freer movement within the facility. You can read more about it here, here, and here. But this doesn't mean it's all good - these changes come on the heels of a serious incident in which a CCA guard sexually assaulted several female detainees in Texas.

Border Patrol is taking its operations to new heights - literally. CBP has received authorization to launch unmanned aerial vehicles (drones) on the border in Texas. These drones will provide surveillance for border agents to intercept smugglers and migrants. Let's not lose sight of the fact that drones are also conducting attacks in Pakistan with serious civilian casualties. The use of drones on the U.S.-Mexico line is one more step in the direction of militarization of the border.

I'll leave you with a story. Many people say immigrants should just "get in line" to come to the United States legally, but for those who try to do so, it can be near impossible. Shari Feldman and Inderjit Singh, as the New York Times reports, have spent nearly 17 years in immigration limbo as they try to prove the veracity of their marriage to immigration authorities. USCIS's efforts to prevent marriage fraud can go too far - home inspections, invasive questioning, and tricky documentation requirements often keep legitimate couples from getting green cards.

In Our Community: Immigration News

Photo from Alto Arizona.

It's been a big week for immigration, with significant highs and lows. The news on immigration from Monday, May 24 to Tuesday, June 1:

On Tuesday, May 25, President Obama announced the decision to deploy 1,200 National Guard troops on the U.S.-Mexico border. He also requested an additional $500 million to enhance border enforcement activities. In 2006, the Bush administration sent 6,000 National Guard troops to the border during Operation Jump Start and, while this current deployment is at a smaller scale, it is still the same enforcement-only approach that hasn't worked in the past.

FCNL strongly opposes the use of the National Guard on the border. Our colleagues on the border have released a powerful statement of opposition as well. Law enforcement, not military personnel, should focus on stopping drug smuggling, arms smuggling, and human trafficking. To deal most effectively with migrants crossing the border, President Obama and Congress should act swiftly to enact comprehensive immigration reform. We've seen that border-only strategies don't work, so why would President Obama keep trying that same tired routine?

We had a big success here on the Hill this week - on Thursday, the Senate voted against three amendments to the emergency war supplemental which would have drastically expanded border enforcement initiatives. Senators McCain (AZ), Kyl (AZ), and Cornyn (TX) had introduced amendments that would have added 6,000 National Guard troops, 6 more drones for surveillance, 3000 new detention beds, and thrown millions of dollars at unworkable deterrence programs. FCNL and our partners acted swiftly to contact members of Congress and our networks generated tens of thousands of grassroots calls. In the end, the Senate rejected all three amendments - but we are still working for decisive action on immigration reform.

On Saturday, May 29, over 100,000 people gathered in Arizona and around the country to oppose the new Arizona law and copy-cat bills in other states. You can see photos and videos here. The message of the people is clear: NO to racial profiling and YES to immigration reform.

Police chiefs from Los Angeles, San Jose, Salt Lake City, Minneapolis, Philadelphia, Houston, Maryland, and Arizona met with Attorney General Eric Holder on May 26 to voice their concerns about the new Arizona law and similar proposals from other states. The chiefs stated that these laws, which virtually require racial profiling, would erode trust between police and their communities and distract officers from their primary tasks. Holder is expected to make a decision soon about whether to challenge the Arizona law in court.

Other highlights from the news:

Detained immigrants are being counted for the census without their knowledge and then deported, while the cities and towns hosting detention facilities are rewarded by receiving more federal money than they would otherwise.

The number of immigration cases in federal courts reached a new all-time high of 242,776 at the end of March and this backlog continues to extend wait times - immigrants now wait, on average, 443 days for their case to be resolved.

In Our Community: Immigration News

On Wednesday, I attended the arrival ceremony at the White House for President Calderon of Mexico - you can see him pictured above with President Obama. For more on that and other updates, here it is, your immigration news from Monday, May 17 to Monday, May 24.

During a joint session of Congress, President Calderon spoke strongly against the new Arizona law which, as he said, "introduces a terrible idea: using racial profiling as a basis for law enforcement." His remarks on this subject were greeted with a standing ovation. Also during his visit, the United States and Mexico announced the creation of a joint committee on border-related activities.

In the pop culture world, immigration also got a shout-out: The new Miss USA is Rima Fakih, an Arab-American immigrant. She was born in Lebanon and came to the United States as a young child, eventually settling in Michigan. She is believed to be the first Arab American and Muslim to win the contest.

San Francisco is trying to opt out of Secure Communities, a Homeland Security program run by ICE in which fingerprints taken at local jails are run through a national database to check arrestees' immigration status. The city's sheriff has said that Secure Communities conflicts with the city's policy of only reporting foreign-born persons who are booked for felonies. Secure Communities doesn't align with ICE's objective of going after the "most dangerous criminals" - instead it casts a wide net regardless of individual circumstances - and we need cities like San Francisco (and DC) to push ICE to clarify the program's purpose.

As I was perusing the immigration blogs this past week, I came across this concerning clip: South Carolina has introduced a bill copying the Arizona law. The Wall Street Journal has an article on how immigrants are often reluctant to report domestic abuse, if going to the police means risking deportation. This problem, of states taking federal law into their own hands, is clearly going to get worse before it gets better.

Rep. Luis Gutierrez (IL) recently endorsed a plan to include LGBT partners in immigration reform. Currently, LGBT Americans are unable to petition for their foreign-born partners. The inclusion of the Uniting American Families Act in immigration reform would end this long-standing denial of civil rights and equality.

Michelle Obama's visit to an elementary school in Maryland catapulted the question of family unity onto the national stage, when a second-grader expressed fears that her mother would be deported. You can watch the video here. According to the Interfaith Immigration Coalition, families can't wait any longer for a just, humane immigration reform bill.

President of Mexico Opposes AZ Law, Calls on Congress to Find a Better Solution

Today, addressing a joint session of Congress, President Calderon of Mexico stated his strong opposition to the new law in Arizona. Mexico has issued a travel warning to its citizens in the United States and has terminated a student exchange program with Arizona.

In his speech, Calderon recognized that each country has the right to enact and enforce its own laws, but he simultaneously stressed the urgent need to fix the "broken and inefficient" immigration system. He favors the creation of a "legal, orderly, and secure flow" of migrants, and pointed out that the border would not be secure without comprehensive immigration reform.

Calling for a "responsible" solution, Calderon said, "I strongly disagree with the recently adopted law in Arizona." Using racial profiling as the basis of law performance is a "terrible idea." He emphasized that the new law "carries a great amount of risk when core values are being breached." He called on President Obama and the Congress to "find a better way together to face and fix this problem."

While Mexico has a lot on its plate - stamping out bureaucratic corruption and bribery, boosting the economy and creating new jobs, halting organized crime, and more - it is clear that President Calderon will not stand idly by as the United States pursues dangerous enforcement policies. From both a moral and practical standpoint, racial profiling and other forms of discrimination cannot be tolerated as legitimate enforcement strategies.

Major Lawsuit Filed Against Outrageous Arizona Law, National Day of Action on May 29

Never seen the Grand Canyon? Here's your chance. Alto Arizona, with immigrant, faith, labor, law enforcement, and civil rights organizations across the country, are planning a national day of action on May 29th to showcase our powerful opposition to the new Arizona law.

If you are able to, please consider traveling to Arizona to join the brave organizers in marching to the State Capitol. To plan your trip and learn about more ways to get involved, click here. Or, coordinate a march in your own state.

The national day of action comes at a critical moment - major civil rights organizations have just filed a lawsuit against the new Arizona law. This lawsuit is intended to stop racial profiling in its tracks and ensure that what happens in Arizona STOPS in Arizona.

The authors of the lawsuit include: the ACLU, the Mexican-American Legal Defense and Education Fund, the National Immigration Law Center, the National Association for the Advancement of Colored People, ACLU of Arizona, National Day Laborer Organizing Network and the Asian Pacific American Legal Center.

In Our Community: Immigration News

Welcome back for another week of immigration news, from Monday, May 10 to Monday, May 17. Happy reading!

Arizona's new immigration law, which requires racial profiling, goes into effect on July 28. However, some people just aren't that patient. We've heard scattered reports that Arizona police officers are already "enforcing" the new law. What's more, twelve states - including Minnesota, Michigan, and more - are introducing copy-cat legislation. These outrageous proposals should be a wake-up call for Congress - urge your representatives to take swift action to enact immigration reform this year.

Boycotting Arizona? Yup, me too. So is Austin, along with many other cities across the country. We're also waiting for MALDEF, ACLU, and NILC to introduce their lawsuit challenging the unconstitutional and discriminatory Arizona law. The Department of Justice may take action as well, but we are concerned to learn that Attorney General Eric Holder hasn't even read the Arizona law yet. We know he's busy, but it's less than twenty pages.

Mexico has issued a travel warning to its citizens about the Arizona law. In addition, the President of Mexico will be arriving in the United States on Wednesday. We anticipate that he and President Obama will have a lot to discuss when it comes to immigration.

Even the United Nations is taking note of the new Arizona law. A group of independent UN rights experts expressed serious concerns about whether this law violates the United States' obligations under international human rights treaties.

Believe it or not, Arizona keeps coming up with new, innovative ways to take away residents' rights, and now state lawmakers are focusing on education. AZ Governor Jan Brewer just signed into law a bill prohibiting any classes that "advocate for ethnic solidarity" or "promote resentment toward a race or class of people." This bill seeks to eradicate ethnic studies programs, such as those that teach Mexican-American history. I see this as a nativist impulse favoring revisionist history, which seeks to mask oppression and deny students the opportunity to study civil rights. We can do better.

However, the Department of Homeland Security seems to be deporting immigrants at an exceptionally rapid pace this year even without Arizona's assistance. ICE director John Morton has said that he plans to deport people at a "massive scale," and he has set the goal of 400,000 deportations in 2010. He seems to be outdoing himself. Time has reported this astonishing figure:

Thus far this year, some 185,887 people have been deported, a record pace that, if maintained, will nearly double the number of deportations in 2010 to 604,133.

One last note: U.S. Citizenship and Immigration Services has an announcement - the new "green cards" for legal permanent residents will actually be green! Not only that, but they'll incorporate new security measures to avoid fraud.

In Our Community: Immigration News

The heat from Arizona continues to radiate, so check out the news on immigration from Monday, May 3 to Monday, May 10:

At FCNL, we see the outrageous Arizona law as a wake-up call to Washington. On April 29, five senators introduced a framework for immigration reform, which was met with mixed reactions from advocates. The framework, intended to prompt bipartisan talks, has yet to yield such cooperation. We can't afford to have politicians use immigration reform as a political football to score points against one another. Write to your senators today to urge them to support humane, comprehensive immigration reform.

As Congress remains bound by hyper-partisan politics, states mimicking Arizona continue to take immigration law into their own hands. Minnesota just introduced legislation modeled exactly on the Arizona law. Eleven other states are considering similar legislation: Arkansas, Maryland, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pensylvania, South Carolina, Texas and Utah. Recent polling shows that the overwhelming majority of Americans think the immigration system should be overhauled, but without decisive federal action to build a realistic legal immigration system, our civil rights will continue to be trampled.

However, in two cases, officials are standing up to say NO. In New York, Governor Paterson announced that the state would consider pardons for people subject to "embarrassingly and wrongly inflexible" immigration laws. In DC, the City Council unanimously supports a boycott of Arizona and opposes the District's participation in misguided immigration enforcement programs - for more, see my blog post on the resolutions.

Archbishop Desmond Tutu, best known for his courageous efforts to promote reconciliation following South Africa's apartheid, has a message for you: Arizona is not the solution. I strongly encourage you to read his entire article, excerpted here:

Abominations such as apartheid do not start with an entire population suddenly becoming inhumane. They start here. They start with generalizing unwanted characteristics across an entire segment of a population. They start with trying to solve a problem by asserting superior force over a population. They start with stripping people of rights and dignity - such as the right to be presumed innocent until proven guilty - that you yourself enjoy. Not because it is right, but because you can. And because somehow, you think this is going to solve a problem.

I'll leave you with an exciting tidbit - Arizona rappers have collaborated to protest the new law requiring racial profiling. Props to these brave artists for reminding us all that hip hop can still break through commercial ties and speak truth to power. Check out their music video here:

Proud to Live in the District

The D.C. Council took a momentous step on Tuesday to stand up for immigrants' rights.

Council member Phil Mendelson introduced a bill that would block Washington, D.C. from participating in the Secure Communities program. He was met with unanimous support from the rest of the D.C. Council.

Secure Communities is a local immigration enforcement program requires police officers to check the fingerprints of anyone they're booking into jail against a national database to confirm their legal status. Of course, this opens the way for racial profiling because Secure Communities checks people's status at the point of arrest, not the point of conviction. So, the program creates incentives for pretextual arrests (for minor violations like a broken tail light - the quintissential "driving while brown" violation).

As part of ICE's efforts to detain at least 400,000 people annually, the agency has been rolling out Secure Communities and plans to go nationwide in the next few years. The D.C. Council's move to block implementation in the District constitutes the first time that a city has stood up and refused to participate.

As Mendelson said, "The Metropolitan Police Department has its hands full dealing with violent crimes in the District, and the issue of immigration is not the MPD's responsibility."

Another first: The D.C. Council also announced its unanimous support for divesting from Arizona and banning city workers from traveling to the state on official business.

In Our Community: Immigration News

The new Arizona law, and the corresponding need for decisive federal action on immigration reform legislation, continue to make headlines across the nation. So, grab a seat, buckle up, and get ready for key updates from Monday, April 26 to Monday, May 3.

The new Arizona law, which requires police officers to stop anyone who they "reasonably suspect" to be an undocumented immigrant, has been broadly criticized for permitting racial profiling. Its opponents include President Obama, Homeland Security Secretary Janet Napolitano, members of Congress, the Arizona association of chiefs of police, the mayor of Phoenix, the sheriff of Pima County, many American Indians, many religious groups, immigrants rights organizations, civil liberties advocates, and more. Al Sharpton says that he is organizing "freedom walkers" to march on Arizona. Click here to learn how you can take action to oppose rampant racial profiling in Arizona.

Critics of the new Arizona law are calling for economic boycotts of the state. This means avoiding traveling to Arizona and choosing not to purchase products from companies based in Arizona. Several cities have already chosen to divest from Arizona while others - including San Francisco, Los Angeles, and Washington DC - are considering doing so. You can do your part: See this website for easy ways to participate in the boycott.

Please note: Arizona will likely face a number of lawsuits to stop the implementation of the new law - but some recent changes to the new law may make it harder to litigate. Meanwhile, seven states are considering similar legislation.

While all eyes are on Arizona, let's not forget that immigration enforcement is out-of-control on the federal level too. Bill Quigley, legal director for the Center for Constitutional Rights, has an excellent op-ed on the "Secure Communities" program which also leaves the door open for racial profiling. In addition, the American Friends Service Committee (AFSC) has released a new report on immigration detention in New Jersey - and the New York Times is shocked at their findings.

Finally, last Thursday, Senators Reid, Schumer, Menendez, Durbin, and Feinstein introduced a draft framework for an immigration reform bill. Senator Menendez, in particular, spoke eloquently about the need for Congress to take action. You can watch the video clip of his speech at the press conference here. FCNL's statement on the framework is available here.