Last week, a flawed and troubling human smuggling and terrorism bill (The Alien Smuggling and Terrorism Prevention Act of 2009, H.R. 1029) passed the House.
The bill means to revise alien smuggling and other related criminal offense penalty provisions; however, the bill includes three provisions which FCNL finds particularly troubling.
First, the bill penalizes the "smuggling" of an immediate family member with up to a year in prison per person brought into the country. This means that--while an individual crossing without inspection would only be charged with a civil violation--a mother carrying her two children could be charged with up to two years in prison. This provision goes against the principle of family unity which should be the cornerstone of our immigration system.
Second, the bill fails to protect humanitarian organizations working on the border or in the desert from being criminally prosecuted for smuggling and harboring. Current law provides an exemption for certain religious organizations providing relief--domestic violence shelters, medical clinics, soup kitchens, and other emergency relief--to people in distress. For many undocumented immigrants, they have no one else to turn to. By not providing such an exemption, this bill criminalizes humanitarian and religious organizations for providing desperately needed aid.
Third, the bill creates a statutory requirement to check an individual's ID against the error-ridden Terrorist Watch Lists. These lists are filled with the names of innocent U.S. citizens, many of whom were placed on these lists for participation in peace and anti-war movements. Such a list should not be used to identify terrorist until it has been thoroughly scrubbed of its errors.
We hope that the Senate will correct such problematic legislation before moving it forward.
Tuesday, April 7, 2009
Monday, April 6, 2009
Customs and Border Patrol Officer Sues ICE for Violating Constitutional Rights
In an odd turn of events, a US Customs and Border Patrol officer is suing Immigration and Customs Enforcement for violating his constitutional rights.
CBP officer Jim Slaughter has said that he and his wife were doing laundry last July when 5 ICE agents came to their house looking for a fugitive. The couple was forced to stand in their living room as the agents searched their house. It was not until Slaughter said "do you realize I'm a U.S. Customs K-9 officer at San Luis, Arizona?" that ICE agents retreated.
In March, Slaughter filed a lawsuit against U.S. DHS claiming a fourth amendment violation. He says he filed the suit because "ICE officials have refused to explain or apologize for the mix-up."
Unfortunately, most households whose fourth amendment rights are violated during ICE raids are not so lucky as to be CBP agents.
CBP officer Jim Slaughter has said that he and his wife were doing laundry last July when 5 ICE agents came to their house looking for a fugitive. The couple was forced to stand in their living room as the agents searched their house. It was not until Slaughter said "do you realize I'm a U.S. Customs K-9 officer at San Luis, Arizona?" that ICE agents retreated.
In March, Slaughter filed a lawsuit against U.S. DHS claiming a fourth amendment violation. He says he filed the suit because "ICE officials have refused to explain or apologize for the mix-up."
Unfortunately, most households whose fourth amendment rights are violated during ICE raids are not so lucky as to be CBP agents.
Last Week: In Our Community (Mar. 30- Apr. 6)
Immigration news and updates from Monday March 30 through Monday April 6.
Tragedy at American Civic Association in Binghamton
This blog post from The Sanctuary captures the deep sadness felt by the immigrants' rights community after Friday's shooting in Binghamton, NY at the American Civic Association, an organization which helped immigrants and refugees prepare for their citizenship exams. It has brought together statements from immigrants' groups across the country.
Immigrant Detainee Dies, and a Life Is Buried, Too
This front-page article from the NY Times demonstrates how immigrants can fall through the cracks of the U.S.' swiftly growing immigrant detention network. Ahmad Tanveer, a Pakistani New Yorker died on September 9, 2005. But it was not until March 20 of this year that Immigrations and Customs Enforcement acknowledged his death and that it had been overlooked.
Evangelicals for Immigration Reform
After speaking at the book release of Matthew Soerens and Jenny Hwang's new book "Welcoming the Stranger: Justice, Compassion and Truth in the Immigration Debate," Leith Anderson--the president of the National Association of Evangelicals--took the time to post on the Washington Post's Post on Faith Blog. He believies that immigration policy should be important to evangelicals because, first, of "what the Bible teaches about treatment of 'aliens in the land'" and second, because "so many Hispanic, African, and Asian immigraants are evangelical Christians...They are us."
Farm Workers' Rights, 70 Years Overdue
This opinion piece in the NY Times calls for farm workers' rights, which have been put off and denied since the 1930s. As the article states, the massive inequality in farm work is a "perverse holdover from the Jim Crow era. Segregationist Southern Democrats in Congress could not abide giving African-Americans, who then made up most of the farm and domestic labor force, an equal footing in the workplace with whites. "
Immigrants in the United States and the Current Economic Crisis
This publication by the Migration Policy institute carefully examines historical flows of migration through varying legal (and unauthorized) channels to provide insight into how these groups might behave in the current recession.
Immigration Courts Face Huge Backlog
This article begins by stating "The nation's immigration courts are now so clogged that nearly 90,000 people accused of being in the United States illegally waited at least two years for a judge to decide if they must leave..." Others wait more than five years and some even wait a decade. In many of these cases, immigrants must wait in detention centers which have become known for their substandard conditions. In response to the backlog, courts have begun "fast-tracking" immigrants through the system which often results in the violation of their rights.
Citing Census, Hispanics Urge Immigration Reform
Fearing Latinos will be overlooked by traditional census outreach, Hispanic groups are urging the Obama administration to pass immigration reform or "risk an undercount of millions of people."
Foreign Ways and War Scars Test Hospital
This article tells the story of how the Hennepin County Medical Center in Minneapolis, MN has learned to address the challenges posed by an increasing immigrant population.
Rahm's Rabbi, Michelle's Cousin Join 'Progress by Pesach'
Chief of Staff Rahm Emmanuel's rabbi and Michelle Obama's cousin were two of five speakers pressing for humane comprehensive immigration reform at a press conference last week.
Don't Deport Benita Veliz
This NY Times article tells the compelling story of Benita Veliz, a 23-year old woman who came to the United States from Mexico when she was 8-years old. She went on to graduate valedictorian of her high school class and then went to St. Mary's University on a full scholarship. While she would like to go on to law school, a fateful encounter with a police officer after supposedly taking a "rolling stop" through a stop sign put her in the hands on immigration enforcement. If the DREAM Act were passed, Benita Veliz could gain legal status.
Tragedy at American Civic Association in Binghamton
This blog post from The Sanctuary captures the deep sadness felt by the immigrants' rights community after Friday's shooting in Binghamton, NY at the American Civic Association, an organization which helped immigrants and refugees prepare for their citizenship exams. It has brought together statements from immigrants' groups across the country.
Immigrant Detainee Dies, and a Life Is Buried, Too
This front-page article from the NY Times demonstrates how immigrants can fall through the cracks of the U.S.' swiftly growing immigrant detention network. Ahmad Tanveer, a Pakistani New Yorker died on September 9, 2005. But it was not until March 20 of this year that Immigrations and Customs Enforcement acknowledged his death and that it had been overlooked.
Evangelicals for Immigration Reform
After speaking at the book release of Matthew Soerens and Jenny Hwang's new book "Welcoming the Stranger: Justice, Compassion and Truth in the Immigration Debate," Leith Anderson--the president of the National Association of Evangelicals--took the time to post on the Washington Post's Post on Faith Blog. He believies that immigration policy should be important to evangelicals because, first, of "what the Bible teaches about treatment of 'aliens in the land'" and second, because "so many Hispanic, African, and Asian immigraants are evangelical Christians...They are us."
Farm Workers' Rights, 70 Years Overdue
This opinion piece in the NY Times calls for farm workers' rights, which have been put off and denied since the 1930s. As the article states, the massive inequality in farm work is a "perverse holdover from the Jim Crow era. Segregationist Southern Democrats in Congress could not abide giving African-Americans, who then made up most of the farm and domestic labor force, an equal footing in the workplace with whites. "
Immigrants in the United States and the Current Economic Crisis
This publication by the Migration Policy institute carefully examines historical flows of migration through varying legal (and unauthorized) channels to provide insight into how these groups might behave in the current recession.
Immigration Courts Face Huge Backlog
This article begins by stating "The nation's immigration courts are now so clogged that nearly 90,000 people accused of being in the United States illegally waited at least two years for a judge to decide if they must leave..." Others wait more than five years and some even wait a decade. In many of these cases, immigrants must wait in detention centers which have become known for their substandard conditions. In response to the backlog, courts have begun "fast-tracking" immigrants through the system which often results in the violation of their rights.
Citing Census, Hispanics Urge Immigration Reform
Fearing Latinos will be overlooked by traditional census outreach, Hispanic groups are urging the Obama administration to pass immigration reform or "risk an undercount of millions of people."
Foreign Ways and War Scars Test Hospital
This article tells the story of how the Hennepin County Medical Center in Minneapolis, MN has learned to address the challenges posed by an increasing immigrant population.
Rahm's Rabbi, Michelle's Cousin Join 'Progress by Pesach'
Chief of Staff Rahm Emmanuel's rabbi and Michelle Obama's cousin were two of five speakers pressing for humane comprehensive immigration reform at a press conference last week.
Don't Deport Benita Veliz
This NY Times article tells the compelling story of Benita Veliz, a 23-year old woman who came to the United States from Mexico when she was 8-years old. She went on to graduate valedictorian of her high school class and then went to St. Mary's University on a full scholarship. While she would like to go on to law school, a fateful encounter with a police officer after supposedly taking a "rolling stop" through a stop sign put her in the hands on immigration enforcement. If the DREAM Act were passed, Benita Veliz could gain legal status.
Wednesday, April 1, 2009
The Immigration Dilemma: A Six Week Series
Welcome to "The Immigration Dilemma," a six week blog series designed to help you understand the immigration dilemma in the United States.
Almost everyone I've met over the past five years of working on immigration issues seems to recognize that there is a problem with immigration in the United States. However, most people can't seem to agree on what exactly this problem is.
On the one hand, I hear people telling me that immigrants are breaking our laws, that they are criminals, or even that they are invading the United States with the plan to annex portions of the Southwest into Mexico. This is then followed by telling me that immigrants become a drain on our social services once they are here even though they don't pay taxes or that immigrants steal jobs away from documented workers and undercut wages.
On the other, people see immigration as a problem for very different reasons. They see parents being separated from their citizen children when they are deported. They see people being racially profiled along the border and held in detention centers with substandard and inhumane conditions. They see people escaping deadly conflict and economic disparity, and they also see an economy which is dependent on foreign labor.
Especially in Congress--which is where I spend most of my time talking about the issue these days--each side tends to make the issue very simplified, pitting one perspective against the other. "This bill provides amnesty to criminals" vs "Opposing this bill is racist and nativist."
Neither of these perspectives, however, captures the complexity of the issue and moves towards a solution. Rather, this pitted debate has caused a stalemate in government. Immigration reform has failed in the last two Congresses, leaving us with a worsening status-quo and a contentious issue that can be used to derail any other major policy issue.
I believe, however, that we can find a solution. But we need to come to the issue with an understanding of its complexities and nuances. Therefore, I have written this series which will be published each Wednesday at 3 pm.
My hope is that this series will help us all take a step back from the pro-/anti- rhetoric of immigration in the United States and help us take a look at how the U.S. immigration system actually works.
Each post will provide an overview of the subject covered, questions for discussion and discernment, and a list of additional resources. I hope this will help us all navigate the immigration dilemma a little better.
Almost everyone I've met over the past five years of working on immigration issues seems to recognize that there is a problem with immigration in the United States. However, most people can't seem to agree on what exactly this problem is.
On the one hand, I hear people telling me that immigrants are breaking our laws, that they are criminals, or even that they are invading the United States with the plan to annex portions of the Southwest into Mexico. This is then followed by telling me that immigrants become a drain on our social services once they are here even though they don't pay taxes or that immigrants steal jobs away from documented workers and undercut wages.
On the other, people see immigration as a problem for very different reasons. They see parents being separated from their citizen children when they are deported. They see people being racially profiled along the border and held in detention centers with substandard and inhumane conditions. They see people escaping deadly conflict and economic disparity, and they also see an economy which is dependent on foreign labor.
Especially in Congress--which is where I spend most of my time talking about the issue these days--each side tends to make the issue very simplified, pitting one perspective against the other. "This bill provides amnesty to criminals" vs "Opposing this bill is racist and nativist."
Neither of these perspectives, however, captures the complexity of the issue and moves towards a solution. Rather, this pitted debate has caused a stalemate in government. Immigration reform has failed in the last two Congresses, leaving us with a worsening status-quo and a contentious issue that can be used to derail any other major policy issue.
I believe, however, that we can find a solution. But we need to come to the issue with an understanding of its complexities and nuances. Therefore, I have written this series which will be published each Wednesday at 3 pm.
My hope is that this series will help us all take a step back from the pro-/anti- rhetoric of immigration in the United States and help us take a look at how the U.S. immigration system actually works.
Each post will provide an overview of the subject covered, questions for discussion and discernment, and a list of additional resources. I hope this will help us all navigate the immigration dilemma a little better.
BREAKING NEWS UPDATE: ICE Releases Workers Arrested in Bellingham Raid
Today the Obama administration gave a major sign that it is shifting how it handles immigration enforcement--they released the majority of the 28 individuals detained in the raid on Yamato Engine Specialists in February with the option of either returning to their home country or receiving work permits while the case is pending.
The Bellingham raid was the first major worksite raid of the Obama administration. After advocates organized quickly in response to the raid, stating that such raids violated campaign promises that said immigration enforcement should focus on the employer and not on the workers themselves, the White House and Homeland Security Secretary Napolitano issued statements saying that raids were not their policy and that they would begin an immediate investigation into the events in Bellingham.
Today's release of the workers is the first sign that they have taken both their investigation and promise to focus on employers seriously.
The documents immigrants received upon their release stated "that per the assistant United States attorney assigned to this case, all persons involved with the Yamato Engine Specialists ... should be afforded the benefit of deferred action and an employment authorization document, valid for the duration of this case."
This is a huge shift from the Bush administration's policies which typically either deported someone after a stint in detention or forced immigrants to stay in detention while their case was pending.
Providing immigrants with work permits during the case's investigation both shifts the onus onto the employer and lessens the burden placed on social service providers in the community, who--in places like Postville, IA--are still providing for dozens of families who lost their main breadwinner to the raid nearly a year after its actual occurance.
We're pleased to see this move by the Administration and hope that it signifies future work in aligning enforcement practices with humanitarian values.
The Bellingham raid was the first major worksite raid of the Obama administration. After advocates organized quickly in response to the raid, stating that such raids violated campaign promises that said immigration enforcement should focus on the employer and not on the workers themselves, the White House and Homeland Security Secretary Napolitano issued statements saying that raids were not their policy and that they would begin an immediate investigation into the events in Bellingham.
Today's release of the workers is the first sign that they have taken both their investigation and promise to focus on employers seriously.
The documents immigrants received upon their release stated "that per the assistant United States attorney assigned to this case, all persons involved with the Yamato Engine Specialists ... should be afforded the benefit of deferred action and an employment authorization document, valid for the duration of this case."
This is a huge shift from the Bush administration's policies which typically either deported someone after a stint in detention or forced immigrants to stay in detention while their case was pending.
Providing immigrants with work permits during the case's investigation both shifts the onus onto the employer and lessens the burden placed on social service providers in the community, who--in places like Postville, IA--are still providing for dozens of families who lost their main breadwinner to the raid nearly a year after its actual occurance.
We're pleased to see this move by the Administration and hope that it signifies future work in aligning enforcement practices with humanitarian values.
More Posts on the Bellingham Raid
While the President Addressed the Nation
2/25/2009
The Whitehouse and Department of Homeland Security Respond to the Bellingham Raid
2/26/2009
Congressional Hispanic Congress Hopeful After Meeting With Napolitano
2/27/2009
Cocktails and Criticism: Deepak Bhargava--Executive Director of the Center for Community Change--Responds to the Bellingham Raid
2/27/2009
2/25/2009
The Whitehouse and Department of Homeland Security Respond to the Bellingham Raid
2/26/2009
Congressional Hispanic Congress Hopeful After Meeting With Napolitano
2/27/2009
Cocktails and Criticism: Deepak Bhargava--Executive Director of the Center for Community Change--Responds to the Bellingham Raid
2/27/2009
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