Archive for the 'LATINO VOTE' Category

White Nationalist Anger and Violence: A Preview of Even Greater Anti-immigrant Violence?

August 10, 2009

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Though its primary subject is the rise of violent white nationalism, this important article by Eric Ward and our friends at Imagine 2050 has indirect and seriously bad implications for the not-so-distant immigrant future.

I say this because I think and fear that recent developments- the acidic anger seen during the Sotomayor hearings, the deadly absurdity of the “birther” frenzy in the media and the outbreak of violence seen in the health reform debate- preview what will likely be even greater levels violence we will see during the immigration debate, if and when Obama and the Democrats decide to move forward with their proposal.

Given what I believe anyone traveling throughout the country sees and hears-that immigrant violence grows exponentially- we should begin preparing on how to deal with the more open anti-migrant warfare that those invested in promoting false ideas of immigrant criminality are working towards.

I say “even greater levels of violence” only because the violent cat of anti-migrant violence has already been let out of the white nationalist bag: spikes in anti-Latino, anti-migrant hate crimes, increased murders and only God knows how many unreported cases there are; The overwhelming number of hate crimes, especially those targeting the most vulnerable, undocumented have been perpetrated without ever being documented. And we can only imagine what it’s like in most places in the country, places that have never created systems to document such crimes as in Los Angeles, where we will likely see those systems diminished by budget cuts. I fear that such a situation make the anecdotal descriptions of violence I encounter with unrelenting intensity throughout the country a preview of things to come.

Beyond building and saving existing hate crime reporting infrastructure, by far the most important thing the immigrant rights movement can do is stop the debate from including any more legislation that directly or implicitly reinforces the constitutionally dangerous notions of immigrant criminality.

In other words, in an environment in which visual, verbal and physical anti-migrant violence has gone viral, there should be a moratorium against ANY AND ALL LEGISLATION PREMISED ON DANGEROUSLY FALSE NOTIONS OF THE IMMIGRANT AS CRIMINAL NEEDING AND DESERVING PUNISHMENT FROM THE FEDERAL GOVERNMENT. Such notions only further legitimate similar notions proferred by pols -Republicans and Democrats-, mainstream media and the racial extremists whose ideas they give a platform to.

We no longer need to give extremists and their ideas a platform by legitimating them thru “tradeoffs”, “compromises” and with toxic talk of more enforcement and punishment. There has to and is another way: stop. Regardless of whether the messenger advocating for more punitive policy is Republican or Democrat, Minuteman or “immigrant advocate”, anyone promoting even more punitive legislation (don’t we have enough punitive laws as it stands?) should be called out for fomenting policies premised on dangerous ideas of immigrant criminality that enable further violence against immigrants and others.

If hate crimes are any indicator, the idea that comprehensive immigration reform will do anything to diminish hatred is proven painfully wrong by the broken bones, bruised faces and cracked ribs of the citizens and residents attacked for their appearance. Hate crimes against migrants are rapidly rising worldwide. Just imagine how vast the toxic sea of violence against migrants in the US is.

There is another way and it begins at the border between policies that equate immigrants with criminality and those that don’t.

Honduras: ¿quién le paga a Lanny Davis?

July 26, 2009
Lanny Davis
“Si quiere comprender quién es el poder verdadero detrás del golpe de estado” [hondureño], dice Robert White, presidente del Centro de Política Internacional con sede en Washington D.C., en una reciente entrevista, “halle quién le paga a Lanny Davis”.

Davis, un aliado de la familia Clinton mejor conocido como el abogado que defendió a Bill durante los procedimientos de enjuiciamiento presidencial, se presento recientemente en Capitol Hill para cabildear entre miembros del Congreso y prestar testimonio en el Comité de Relaciones Exteriores de la Cámara de Representantes contra el exiliado presidente Manuel Zelaya. White –quien sirvió previamente como embajador de Estados Unidos en El Salvador– creía que esa información sobre quienes eran los clientes de Davis sería “muy dificil de encontrar”.

Pero fue facil. Davis, un socio del bufete de abogados Orrick, Herring, & Sutcliffe, los nombró abiertamente. Sus clientes son los mismos poderosos detrás del golpe de estado militar. “Mis clientes representan CEAL, la sección hondureña del Concejo Empresarial de América Latina”, dijo Davis el jueves pasado en su oficina. “Y no represento al gobierno ni hablo con el presidente [Roberto] Micheletti. Mis principales contactos con Camilo Atala y Jorge Canahuati. Me siento orgulloso de representar a empresarios comprometidos al gobierno de la ley”, dijo Davis. Atala, Canahuati y otras familias con intereses corporativos y que son representados por Davis y la CEAL se hallan en la cúspide de una pirámide económica en la que el 62% de la poblacion vive en la pobreza, de acuerdo con el Banco Mundial.

Jorge Canahuati

Jorge Canahuati

Para muchos hondureños y observadores de Honduras, la confirmación de que Lanny Davis trabaja para familias poderosas y establecidas en Honduras es significativa. Para ellos, demuestra que Davis está al servicio de los intereses empresariales que administraron, reprimieron y pusieron en la ruina a Honduras en las décadas previas al viraje hacia la izquierda del gobierno de Zelaya.

“Los golpes de estado no suceden porque un buen día a algunos militares y políticos se les ocurre una buena idea”, dijo White cuando se enteró para quién trabaja Davis. “Los golpes de estado ocurren porque hay gente muy muy rica que quiere que sucedan y ayudan a que sucedan. Es gente acostumbrada a considerar el pais como una máquina de hacer dinero para ellos y para quienes toda legislación social que beneficie a los pobres como una amenaza sus intereses. El salario medio de un trabajador en zonas libres de impuestos es de 77 centavos la hora”.

“La tragedia es”, agrega White, “que los Canahuatis y los Atalas y otros grandes empresarios no comprenden que es para su beneficio ayudar a que la gente gane decentemente, se reduzca la cesantía y se aumente el salario mínimo”.

Davis no está de acuerdo. Cree que la tragedia de Honduras radica en Zelaya y que el presidente causó el golpe. “Es innegable que Zelaya violó la Constitución. Mi deber es aclarar los hechos”.

Al preguntársele si le molesta representar a empresarios vinculados con gobiernos golpistas denunciados e irreconocidos por Naciones Unidas, la Organización de Estados Americanos y muchos países en todo el mundo, incluyendo Estados Unidos, Davis responde que “hay hechos referentes a Zelaya que el mundo no conoce. Me enorgullece representar clientes que apoyan la decisión de la secretaria de Estado Hillary Clinton de apoyar la mediación del presidente Arias en el conflicto. Pero mi principal preocupación es la seguridad de la gente de Honduras”.

Davis no es el único preocupado con la seguridad de la gente de Honduras. El Comité de Familias de Detenidos-Desaparecidos en Honduras (COFADEH), una ONG de derechos humanos, publicó la semana pasada un informe que documenta más de 1.100 violaciones a los derechos humanos, desde detenciones arbitrarias, ataques físicos, asesinatos y ataques contra los medios de comunicación por parte del gobierno y elementos clandestinos afines a éste. Todos ocurrieron después del golpe del 28 de junio.

COFADEH responsabiliza del golpe y el terror que causó de manera directa a muchos de los fundadores de la Alianza para el Progreso y Desarrollo de Honduras (APROH), un predecesor de CEAL. Aunque ya no existe, APROH unió en sí a varios de los mismos intereses empresariales y militares que componen el núcleo político y económico de la extrema derecha hondureña, incluyendo a los Canahuatis, los Atalas y otras familias y negocios de CEAL representados por Davis.

El prontuario de cumplimiento de los derechos humanos por parte del predecesor de CEAL es menos que estelar. En 1983, el diario hondureño El Tiempo filtró un documento de APROH que recomienda una solución militar para los problemas de Honduras y el resto de Centroamérica, a la Comisión Kissinger de Ronald Reagan, un comité bipartidario que estaba encargado en aquel entonces de formular la política estadounidense en la región. Más revelador aún, APROH es considerado por COFADEH y otras organizaciones de derechos humanos como la eminencia gris detrás de las ejecuciones de los escuadrones de la muerte conocidos como el infame Batallón 316 durante los años ochenta.

Enterado de las declaraciones de Davis, José Luis Galdamez, un periodista de Radio Globo, ríe: “Davis, o ignora Honduras o a sabiendas ensangrenta su nombre y el de los Clinton a cambio de mucho dinero”, dice. Galdamez tuvo que bajar a la clandestinidad recientemente después de que miembros de las fuerzas armadas y elementos paramilitares le agredieron a él y a sus colegas. Los militares cayeron sobre la estación de radio, golpearon a los empleados y les amenazaron por trabajar en uno de los pocos medios de comunicación dispuesto a “informar lo que realmente sucede en Honduras”, dice Galdamez.

“Me gustaría que Davis viniese aqui, donde estoy escondiéndome, para mostrarle cómo se siente estar amenazado, no solamente por [el presidente de facto] Micheletti y el ejército, sino por los Canahuatis y otros grupos de poder que él representa”, dice Galdamez.

Galdamez, así como Gilda Rivera del Centro para Derechos de la Mujer y otros entrevistados para esta historia temen que al contratar al aliado de Clinton Davis, Canahuati, Atala y CEAL utilicen el brillo liberal del partido Demócrata de Estados Unidos para desviar la atención de la historia detrás del actual golpe de estado en Honduras.

Camilo Atala

Camilo Atala

“Los ricos simplemente envían a matarte y matan con impunidad. Jamás investigan quién mató a quién, porque los grupos en el poder controlan los medios de comunicación, el poder judicial y ahora tienen nuevamente el control del gobierno”, dijo Galdamez. “Davis trata de legitimizar a gente que utiliza la violencia y la intimidación psicológica. Representa los intereses de un estado terrorista”.

En una reciente declaración en la que condenaba el golpe, COFADEH describió a sus seguidores como “el mismo grupo que durante los ochenta era conocido como la Alianza para el Progreso y el Desarrollo de Honduras, que mantiene el terror a través de escuadrones de la muerte”. El informe de COFADEH contiene documentos sobre cuatro casos de asesinatos extra judiciales, incluyendo la muerte a tiros, el 5 de julio, del joven Isis Obed Murillo de 19 años, que fue expuesta posteriormente en un vídeo explícito colocado en YouTube.

En cuanto a las violaciones de los derechos humanos cometidas por el gobierno de Micheletti, Davis nuevamente culpa de la crisis a Zelaya. “He investigado los hechos de lo que ocurrió durante la presidencia de Zelaya. El condujo la violencia de la turba y eso se puede ver en un video de YouTube”.

Cuando insisto acerca de la toma estremecedora de la muerte de Isis Murillo, Davis responde: “¿Se ve en el video a quien disparó? Hay que conocer los hechos”. Agrega: “Si me demuestran en los hechos que mis clientes están implicados en violaciones de libertades civiles, renunciaré”.

(Este artículo fue inicialmente publicado en The American Prospect. Gracias a Gabriel Lerner y nuestros amigo(a)s de HispanicLA por su exitosa traduccion del articulo.)

Act Now to Stop the Obama Administration’s Racist 287G Immigration Policy

July 24, 2009

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Groups across the country are mobilizing to put pressure on Department
of Homeland Security Secretary Janet Napolitano and President Obama to
end the devastation caused by the Obama Administration’s 287G program.

Denounced by l(some) police chiefs, several government officials and
many, many community groups, 287G is the program that allows local and
state law enforcement officials act as enforcers of federal
immigration law and provides the legal means for the racial profiling,
mass and arrests and other violations of the most basic civil and
human rights. The program enables the widespread and illegal practices
of notorious Maricopa County Sheriff Joe Arpaio.

Join the increasing numbers of Latinos, civil and immigrant rights
groups and others who are growing impatient about what they consider
the hypocrisy and duplicity of President Obama with regard to racial
profiling. In light of the massive amount of racial profiling taking
place under his recently expanded 287G program-a program Obama and
Napolitano recently expanded- many find lees-than-credible President
Obama’s statements concern about how the recent arrest Professor
Louis Gates reflects “a long history in this country of
African-Americans and Latinos being stopped by law enforcement
disproportionately.”

The current target of what will be a series of actions to pressure the
Obama Administration is tonight’s appearance by Secretary Napolitano
on the Bill Maher show. Community groups are asking Maher to raise
racial profiling and other 287G issues during his interview

You can take several actions including:

Contact the Bill Maher Show on Facebook and ask them to raise the
issues with Napolitano- http://www.facebook.com/Maher?ref=t

And on twitter here: http://search.twitter.com/search?q=%23billmaher

Press release for the action (complete with lots of hyperlinks) is
here: http://jornaleronews.ndlon.org/?p=349

And those of you in Los Angeles can join the protest and press
conference at Bill Maher’s studio tonight (more information below_

For Immediate Release // Excuse Cross Postings // Please Forward

Contact (Engish y Español): Loyda Alvarado, (323) 434- 8115
What: Press Conference, Rally, and Demonstration
Why: To Urge Bill Maher to Ask Secretary Napolitano about DHS
Racial Profiling Practices, 287(g), Joe Arpaio
Where: 7800 Beverly Blvd, Los Angeles, CA (Near corner of Beverly
and Fairfax)
When: Friday, July 24, 2009
Time: 5:30 to 7 pm

(Los Angeles) Immigrant, civil, and labor rights advocates will hold
a rally and press conference outside the taping of Real Time with Bill
Maher on Friday at 5:30 pm. Protestors will urge Mr. Maher to ask
tough questions of DHS Secretary Janet Napolitano about her
relationship with the notorious Maricopa County Sheriff, Joe Arpaio.
Specifically, Secretary Napolitano should be asked why DHS has not
severed its contract with Arpaio (Napolitano’s hometown sheriff), and
why DHS opted last week to expand a failed experimental Bush
immigration enforcement policy that has demonstrably resulted in mass
racial profiling.

During his press conference yesterday, President Obama used very
strong language to denounce racial profiling practices by local
police. However, last week week, Department of Homeland Security
Secretary Janet Napolitano announced the expansion of the
widely-criticized 287(g) program, which outsources federal
immigration enforcement authority to local sheriffs. In recent
years, Joe Arpaio has become a symbol of the program’s failure, as his
use of 287g has resulted widespread allegations of racial profiling.
The Department of Justice recently launched a high-profile
investigation of Arpaio’s practices. Indeed, Sheriff Arpaio’s
relationship with neo-nazi’s has been noted by Phoenix Mayor Phil
Gordon; Arpaio himself has said it’s an honor to be called KKK; and he
has even posed for photos with high-profile neo-nazi’s. The New
York Times has published several editorials calling for the
termination of the 287(g) program in general and Arpaio’s contract in
particular. Those editorials are available here, here, here, and
most recently, here.

Salvador Reza, a community leader in Phoenix, issued the following
statement: “Secretary Napolitano has the legal authority and the
moral obligation to end Arpaio’s reign of terror in her hometown of
Phoenix. Instead, she is expanding the 287(g) program and intends to
make the country look like Maricopa County. We hope Bill Maher has
the courage to ask hard questions of Secretary Napolitano.”
###

Immigrant Rights Leaders Issue Unprecedented Statement “Condemning the Obama Administration’s Expansion” of Racist 287G Policy

July 17, 2009

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More groups and individuals going against the “Washington Consensus” -legalization in exchange for even more enforcement-on immigration.

Please distribute this far and wide as President Obama and Department of Homeland Security Secretary Napolitano are trying to cover their political a..ses by announcing their continuation and expansion of the radical and racist 287G policy below the clouds-and some fog- of excitement around the Sotomayor confirmation hearings. Rather than announce it at a time when it would draw attention to iteself, the Obama Administration chose to announce it last Friday, as the country and media buzz prepared for this week’s Sotomayor hearings. The Obama Administration would prefer we gaze at the smiling visage of soon-to-be Supreme Court Justice Sotomayor instead of the scowling face of the greatest benefactor to date of the infamous 287g program: rabidly racist, anti-immigrant Maricopa County Sheriff Joe Arpaio.

This statement by a host of groups including the Detention Watch Network, National Immigration Law Center, the Center for Constitutional Rights, and many others, (see list below) “Condemning the Obama Administration’s Expansion” is the clearest statement to date of the growing disapproval of Obama’s willingness to support racist, dangerous and ultimately failed immigration policy. That some of these groups have not previously made statements against Obama and that they waste no time using language still unheard of in the echo chamber of Washington (ie;”Condemning”) provides, I think, an interesting preview of where and how Obama’s credibility may rapidly drop in immigrants rights and Latino communities. It also indicates that, more and more, the monopoly of groups sanctioned and bankrolled by powerful liberal interests- the big Democratic party, big foundations, big media and, in some cases, big corporate interests- to be the official Latino and immigrant “voice” is starting to crumble.

Contrary to what you may or may not be hearing from your Latino aides and others of a more institutionally pliant bent in Washington, there are, Mr. Obama, limits to how much deadly garbage policy some of us are willing to swallow silently. You’re committing a strategic error if you believe that you can count on our unconditional support in the name of both giving you cover and securing legalization for the most desperate among us.

Our failure to follow Detention Watch Network and other groups in their condemnation will communicate that we too are willing to go along with what his recent actions-continuing racist control policies like those institutionalized by 287g while waving the affirmative action flag embodied by the nomination of centrists of color like former corporate lawyer and prosecutor, Sonia Sotomayor-do. And that President Obama then goes on to deliver what the reliably uncritical MSM calls a “stirring” civil rights speech to the NAACP says much about 2 things: the analytical and political abyss we inhabit and how utterly commodified conceptions of civil rights have become.

So, again, please do distribute this important statement by these courageous groups, as the media and those with access to the mainstream will do nothing to
echo this important statement by so many important groups. Having run an organization like those making the statement, I can tell you that it’s not easy to make such statements when you have to worry about alienating Democratic Congress members, big foundations and others who can hurt you by cutting your funding, politically isolating you and other repressive measures taken by the powerful of a more liberal bent.

R

ADVOCATES ISSUE STATEMENT CONDEMNING OBAMA ADMINISTRATION’S

EXPANSION OF DHS’S FAILED 287(g) PROGRAM

FOR IMMEDIATE RELEASE
July 17, 2009

Media Contacts:

Adela de la Torre, Communication Specialist, National Immigration Law
Center, 213.674.2832 (office), 213.400.7822 (cell)

Andrea Black, Coordinator, Detention Watch Network, 202-393-1044 ext.
227 (office), 520-240-3726 (cell)

Judith Greene, Director, Justice Strategies, 718-857-3316,
jgreene@justicestrategies.net

Civil rights and community groups across the country denounce
Department of Homeland Security (DHS) Secretary Janet Napolitano’s
plans to expand the highly criticized 287(g) program to eleven new
jurisdictions around the country. The program, authorized in 1996 and
widely implemented under the Bush Administration, relinquishes, with
no meaningful oversight, immigration enforcement power to local law
enforcement and corrections agencies.

Since its inception the program has drawn sharp criticism from federal
officials, law enforcement, advocates and local community groups. A
February 2009 report by Justice Strategies, a nonpartisan research
firm, found widespread use of pretextual traffic stops, racially
motivated questioning, and unconstitutional searches and seizures by
local law enforcement agencies granted 287(g) powers. Justice
Strategies recommended the program be suspended. “We found evidence
that growth of the 287(g) program has been driven more by racial
animus than by concerns about public safety. The expansion of this
deeply flawed program cannot be justified before a thorough test of
corrective actions shows solid proof that they have been effective,”
reports Judy Greene, Director of Justice Strategies. A March 2009
Government Accountability Agency (GAO) report, criticized DHS for
insufficient oversight of the controversial program.

Also in March, the United States Department of Justice launched an
investigation into Sheriff Joe Arpaio of Maricopa County, Arizona, to
determine whether Arpaio is using his 287(g) power to target Latinos
and Spanish-speaking people. In Davidson County, Tennessee, the
Sheriff’s Office has used its 287(g) power to apprehend undocumented
immigrants driving to work, standing at day labor sites, or while
fishing off piers. One pregnant woman—charged with driving without a
license—was forced to give birth while shackled to her bed during
labor. Preliminary data indicate that in some jurisdictions the
majority of individuals arrested under 287(g) are accused of public
nuisance or traffic offenses: driving without a seatbelt, driving
without a license, broken taillights, and similar offences. Such a
pattern of arrests suggest that local sheriff’s deputies are
improperly using their 287(g) powers to rid their counties of
immigrants, by making pretextual arrests that are then used to
forcefully deport people. “We need only look at the example of
Maricopa County to understand the devastating effects the increased
287(g) program will have on our communities,” said Chris Newman, Legal
Programs Director of the National Day Laborer Organizing Network.
“The Obama administration must recognize that the 287(g) program is
predatory and ripe for corruption and profiling that will harm
community stability and safety for everyone.”

The Police Foundation, the International Association of Chiefs of
Police, and the Major Chiefs Association have expressed concerns that
deputizing local law enforcement officers to enforce civil federal
immigration law undermine the trust and cooperation of immigrant
communities, overburdens cities’ already reduced resources, and leaves
cities vulnerable to civil liability claims. “When victims and
witnesses of crime are afraid to contact police for fear of being
jailed or deported, public safety suffers,” said Marielena Hincapie,
Executive Director, National Immigration Law Center.

Napolitano’s July 10 announcement that DHS has granted 11 new
jurisdictions 287(g) powers stunned advocates who had been expecting a
major overhaul of – or end to – this failed program. “DHS is fully
aware that the abusive misuse of the 287(g) program by its current
slate of agencies has rendered it not only ineffective, but dangerous
to community safety. It is surprising Napolitano did not simply shut
this program down. Expanding this failed program is not in line with
the reform the administration has promised,” said Andrea Black,
Coordinator of the Detention Watch Network.

Signatory Organizations:

A Better Way Foundation, New Haven, CT

All of Us or None, San Francisco, CA

Border Action Network, Tucson, AZ

Center for Constitutional Rights, New York, NY

Center for Media Justice, Oakland, CA

Detention Watch Network, Washington, DC

Families for Freedom, New York, NY

Florida Immigrant Coalition, Miami, FL

Grassroots Leadership, Austin, Texas

Homies Unidos, Los Angeles, CA

Immigrant Defense Project, New York, NY

Immigrant Justice Network

Immigration Law Clinic, UC Davis School of Law, Davis, CA

Immigrant Legal Resource Center, San Francisco, CA

Judson Memorial Church, New York, NY

Justice Strategies, New York, NY

Legal Services for Prisoners with Children, San Francisco, CA

Main Street Project, Minneapolis, MN

Media Action Grassroots Network, Oakland, CA

National Day Laborer Organizing Network

National Immigration Law Center, Los Angeles, CA

National Immigration Project of the National Lawyers Guild, Boston, MA

Partnership for Safety and Justice, Portland, Oregon

Project Rethink

Southern Center for Human Rights, Atlanta, GA

A Voice of Reason & Courage in the Wilderness of Immigration Reform: Congressman Jared Polis (D-CO)

July 16, 2009

Amidst a toxic, confusing climate of a Washington on the verge of “immigration reform”, a climate in which some “immigration reformers” find themselves pondering the possibility of supporting national identification cards, increased enforcement and very punitive approaches to legalization, the voice of Congressman Jared Polis (D-CO) sounds, well,…. strange. This is the same climate in which President Obama and DHS Secretary Janet Napolitano just announced the “Si Se Puede” of their continued and increased support for one of the most heinous Bush-era immigration policies: 287G, the program that facilitates the racism, humiliation, profiling and generalized injustice of local law enforcement officials like Arizona’s nototorious Joe Arpaio.

Announced in the late Friday haze and buzz preceding the confirmation hearings of centrist former corporate lawyer and ex-prosecutor Sonia Sotomayor, the Obama Administration’s continuation of the dreaded program heard nary a complaint from most immigration reformers. Such silence around programs that will jail more migrants provide an empty echo chamber amplifying the voice of Polis. A member of Congress calling for the reform of an immigration detention system that’s killing, sickening and unjustly jailing tens upon tens of thousands of people? Yes, it’s true. See for your self

Polis should be commended-commended loudly for his courage in saying things most of his Congressional peers, most “reformers” and the Obama Administration are unwilling to include as part of the the legalization and enforcement-centric approaches that some call “Comprehensive Immigration Reform.” There are tens of thousands of detainees for whom CIR will only mean more crowded, filthy and deadly living conditions as even more and more enforcement measures are added to a immigration system that has caused the exponential rise in Latino detention, to the point where the number of Latinos-mostly immigrant Latinos- has surpassed the number of African Americans in federal prison:

http://www.nytimes.com/2009/02/19/us/19immig.html

So, given the lack of political will do anything around detention except support a CIR that will jail even MORE migrants,Polis’ John the
Baptist-like lonely voice in the wilderness of Washington is refreshing. His gumption and character are to be commended. Visiting detention facilities should be mandatory for any and all “reformers”. I think that if we could have some people become “detainees for a day” as part of their in service training, some would push as vociferously for real detention reform as they do for legalization and the increased enforcement that will jail more of those families, more of those children that Polis is concerned about.

If you appreciate Polis’ courage and honesty with regard to immigration reform, please show that appreciation by calling his office:

202-225-2161

Gracias!

Justicia!: Sotomayor and the Long March of Puerto Rican History

June 18, 2009

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NEW YORK — Inside the red brick walls of the Bronxdale housing projects, 24-year-old mother of two Geisha Sas says she still hears echoes of music from the 1950s, when her building’s most famous former resident, Supreme Court nominee Sonia Sotomayor, lived there. “Older people still listen to Tito Puente and Eddie Palmieri inside their apartments,” said Sas, a salsa and hip-hop fan. Before morphing into the embodiment of urban decay that they became in the 60s and 70s, these public housing projects provided the young Sotomayor the new, lower-middle class housing that facilitated her early pursuit of justice. For Puerto Ricans of Sas’s generation living here, the Bronxdale experience of justice is quite different.

“I’ve also heard gunshots and saw a boy killed on that grass,” said Sas, looking at a large patch of grass surrounded by several seven-story buildings. Asked what expectations for justice she has from fellow Bronxdale Boricua (Puerto Rican) Sotomayor, Sas declared, “I hope she knows how to tell the difference between justicia and injusticia. I hope she does the right thing and that she doesn’t forget where she’s from.

Sas’s clamor for justice echoes the very particular concerns expressed by many Nuyoricans (Puerto Ricans in New York). Lost in debates about Sotomayor’s “ethnic allegiances” and what they consider the story of her rise from poverty, are the contributions of the silenced majority living in and beyond the Bronxdale projects: the Puerto Rican community whose political thought and action made Sotomayor’s rise possible.

“The media keeps telling us that she (Sotomayor) has a ‘one in a million’ story,” says Miriam Jimenez Roman, a visiting scholar in Africana Studies at NYU and director of the Afro-Latino Project. “But what they forget to tell us is how the million made the one possible. Many people struggled so that she might become the first Latina on the Supreme Court.” Roman notes that, for example, most news reports and commentaries about Sotomayor frame her life as an up-from-the-bootstraps story of individual accomplishment. This story, says Roman, is partial, at best, in that it excludes mention of the many and ongoing efforts of Puerto Ricans in the Bronx and other areas who fought to improve educational, health, employment, electoral, and other institutions.

Most importantly, says Roman, Sotomayor was very likely exposed to a broad spectrum of political thought about “justicia” that is not mentioned in the current national discussion surrounding her nomination. “I suspect that she heard and was influenced by the Puerto Ricans who were fighting for social justice,” said Roman. “We’re all glad about the nomination. But collapsing the story of an entire people into the story of a single individual is extremely problematic.”

Groups like United Bronx Parents, ASPIRA and the Puerto Rican Student Union organized for improved educational opportunities for young Puerto Ricans like Sotomayor, who herself was active in student access and curriculum issues while at Princeton. More militant groups like the the Young Lords, the Health Revolutionary Unity Movement and the Think Lincoln Committee took over Lincoln Hospital — one of the only health facilities in the Bronx — and forced it to provide better services and greater access to the community when 16-year-old Sotomayor lived in Coop City. A long line of Puerto Rican independistas (those who support ending what they consider the colonial status imposed on the island by the United States), from Pedro Albizu Campos and the Puerto Rican Nationalist Party to the activists who took over the Statue of Liberty, have kept the issue of Boricua identity in the minds of many like Sotomayor, who wrote her graduate thesis about Luis Muñoz Marin, the former nationalist who went on to become the island’s first elected governor. And the hometown associations that doubled as political organizations — fighting housing discrimination, racism and police brutality — were the first to organize the annual Puerto Rican Day parade that took place last weekend along Fifth Avenue.

Beneath the signs marchers in last Sunday’s parade were holding in support of Sotomayor was the long march of Puerto Rican political history, a history many believe helped raise the judge to the pinnacle of legal and political power as much as her much-lauded personal efforts. “There were many institutions that have helped her (Sotomayor) and many others,” said Angelo Falcon, director of the National Institute for Latino Policy.

“Different people took different routes to social justice,” said Falcon, who knows Sotomayor and supports her nomination. “She took the legal route, but is still a product of her community.”

Roman, who is around the same age as Sotomayor, agrees. She says she hears the workings of Puerto Rican political struggle in the music heard in Bronxdale since the 50s. “Back then,” said Roman, “even listening to booglaoo and salsa — Spanish language music created in the United States by the children of immigrants — was a statement, an assertion of our history and culture. It was normal for us to listen to it, but, in the larger context of an English-speaking country, it was radical in a way.”

Sotomayor’s Confirmation Hearings Will Be a Trial-of the GOP

May 27, 2009

The Huffington Post

As she faces what is already expected to be a host of hostile questions from the Republican members of the Senate Judiciary Committee in her confirmation hearings, Judge Sonia Sotomayor, President Obama’s first nominee to the Supreme Court, should remember one thing: that it is not she who will be on trial, but the Republican Party.

Rather than allow herself to be put at the center of another racism and sexism-laden political circus around the qualifications of a candidate who brings more real-life prosecutorial and actual judicial experience than any other Supreme Court nominee in the last 100 years, Sotomayor should consider another strategy. She – and we – should instead view those hearings as nothing less than a trial to determine whether the GOP is ready to make restitution for its role in a number of judicial and political wrongdoings perpetrated in the Bush era. Those wrongdoings include unleashing unprecedented and dangerous political attacks on Latinos, and breaching the political and electoral contract the “new GOP” said it wanted with Latinos, one of the country’s most important voting blocs.

The Sotomayor hearings will determine whether members of the Republican Party are ready to renew fundamental principles of justice and the rule of law.

Consider the case of U.S. Sen. John Cornyn, R-Texas. Cornyn supported the nomination of the last Latino to be considered for a high office dealing with matters of justice — disgraced former Attorney General and Republican Alberto Gonzales. Even after Gonzales’s role in crafting the now infamous “torture memos” became apparent, Cornyn raised none of the “red flags” and “lots of questions” he now says he has about Sotomayor.

During the Senate Judiciary hearings around the Gonzales nomination, Cornyn declared that the candidate would be vindicated by history: “The growing consensus behind the president’s decision that al Qaeda terrorists are morally entitled to humane treatment but not legally entitled to the special privileges afforded to prisoners of war under the Third Geneva Convention of 1949 provides compelling vindication to supporters of Judge Alberto R. Gonzales’ nomination to be our nation’s 80th attorney general.”

Even when Atty. Gen. Gonzales came under fire for his role in the firings of a group of United States attorneys in late 2006, Cornyn and other Republicans on the Senate Judiciary defended Gonzales as an “honorable and decent man” who “finds himself in a bad situation.”

Though Gonzales will likely turn into the invisible brown GOP man, or go on a long vacation during the Sotomayor confirmation, millions of Latinos will watch what for them is a historical event of the utmost political and intimate importance. Many of these Latinos will be watching to see any signs of the racism and xenophobia many Latinos blame the GOP for and voted overwhelmingly against in the last election. Latino voters will, for example, be vigilant about what GOP Senate Judiciary members like Jeff Sessions say before and during the hearings.

Earlier this month, reports linking Sessions, the ranking Republican on the committee, to anti-immigrant groups filled Spanish-language
media. According to the Washington-based America’s Voice, the Alabama senator has appeared at several events organized by the Center for
Immigration Studies (CIS), NumbersUSA, as well as the Federation for American Immigration Reform, which was designated by the Southern
Poverty Law Center and other organizations as a “hate group.”

Anything in this must-see Latino political event resembling the anti-immigrant rhetoric that has been Sessions’ trademark will cost his party for years to come. Such concerns about GOP leaders among Latinos, who are only beginning to realize their enormous political potential, pose a gigantic dilemma to a Republican Party that must make inroads among Latino voters if it is to have a political future.

Whatever they say in the hearings, Republicans will be at a great disadvantage when it comes time to counting votes in a Democrat-controlled Senate that will be at, or very close to, the filibuster-proof 60-vote majority needed to confirm Sotomayor.

So it will be the GOP and not Sotomayor that will be on trial in this high-stakes judicial confirmation of the post-Bush era of Republican dominance. Latinos will watch to see if GOP leaders will use the Sotomayor hearings to distance themselves from Rush Limbaugh, Glenn Beck and others many Latinos consider to be anti-immigrant extremists.

And we should all be watching to see if Republicans are prepared to use the Sotomayor confirmation as a way to communicate a willingness to redeem themselves for the great injustices of our recent past.

Climate of Hate Means Immigrant Rights Organizations Should Commit to Excluding Punitive Policies in Any Reform Proposal

May 5, 2009

This post was inspired by another post by my friend, Alisa Valdez, who uses the MSM’s coverage of the Markoff “Craig’sList Killer” case to draw our attention to how twisted -and dangerous-the values of the media ecology we inhabit have become. Reading Alisa’s tight analysis alongside reports of that the racist killers of immigrant Luis Ramirez were declared innocent (and of course, the daily bread of anti-immigrant, anti-Latino hate found on radios, TV’s and websites everywhere), triggered concerns made even clearer during a recent visit to Europe to cover the UN conference on racism. More specifically, Alisa’s piece provided me with the spark to say something I’ve been mulling for while: the dangerous even murderous anti-migrant climate requires that immigrant advocates commit not to support any “Comprehensive Immigration Reform” (CIR) proposal containing punitive immigration policies.

The piece below floats the seemingly uncontroversial idea of a petition asking immigrant rights orgs-and their leaders- to commit
to excluding, not supporting any and all punitive policies in any “comprehensive immigration reform.” Seems pretty obvious,
but the absence of such accountability allows the noxious policies-and the immigrant=criminal logic undergirding them- to pass
with the apparent support of that segment of the “immigrant rights movement” that can afford media flaks, PR spinsters, bloggers
and others allowing them to speak for the entire immigrant rights movement. Hopefully, this is non-controversial, but let’s put it to a test.

Neither aggressive, nor hostile, such a petition simply commits its signatories to excluding policies that, in such a radically hateful
climate, enable further hatred, terror and death in immigrant communities. how could anyone purporting to be a defender of immigrants
not agree to something so basic?

I encourage any comments, suggestions or disagreements those of you reading this might have. Gracias, R

Here’s the response to Alisa’s piece:

That a crazed murderer would be described with such fawning language while maids, gardeners and immigrants and other Latinos are described in the harshest, most hateful language speaks powerfully to how perverted the “values” of this decadent “civilization” have become. Reinforces a theory I have about how we’ve moved beyond the rather stale notion that legalization or increases in the Latino vote will do anything to diminish the rise in hate towards Latinos.

Between radical demographic shifts (young, rapidly growing Latino population, aging, diminishing white population), editorial rooms chock full of old- and young- still mostly white “editors” who normalize lethal logics and the companies that capitalize and profit from “news”programs, talk shows premised on promoting Darwinian racial ideologies, what we have is the possible institutionalization of perpetual race war targeting Latinos, especially immigrant Latinos, who are suffering the brunt of hatred, death and devastation.

In such a lethally charged climate, at such a decadent moment in the history of this country, we need to raise the cost of promoting or enabling the radical racial logic of the newsrooms described so cogently by Alisa. This is why I propose, for example, that we start eviscerating any trace of the racially charged immigrant=criminal logic in our own “community.” We can start addressing this by developing and circulating a petition or some document demanding that any “immigrant rights organization” commit itself to excluding any and all punitive immigration proposals they might advocate in the name of “legalizing the 12 million” or whatever spin people come up with in their efforts to legitimize the now deadly immorality known in legislative circles as a “tradeoff” (legalization in exchange for more punitive policy). We can then extend the commitment to the Hispanic Caucus and other members of Congress and move forward into the editorial rooms with greater force and unity of purpose.

As the possibility of “comprehensive immigration reform” rears its head again, we might want to consider the possibilty that, in allowing or even supporting punitive policies, we in the “immigrant rights movement” are unconsciously accepting the logic of criminality by allowing or supporting laws premised on now extremely lethal notions of immigrant criminality manufactured in hate groups, “think tanks” and the news rooms Alisa aptly describes. Make no mistake, in times when hating immigrants is proven to yield daily profits for news organizations and their advertisers, times when you can kill an immigrant and go scott free (or even hailed as heroes as in the gross distortion that is the Compean case), “tradeoffs” mean we are willing to accept logic that kills, the same logic of the racists disguised as editors use. I also think that the institutions-news orgs, hate groups, political parties, including Democrats- invested and investing in this radical, deadly turn deserve the same treatment we used to give those who enabled the slaughter of innocents in El Salvador: pouring colored red liquid symbolizing the blood of the dead and maimed on their offices-or even their suits and dresses. Things, have, I believe, reached that point of urgency-but the “news” will not report it or, if they do, they’ll do so in the most banal terms possible. Such are the rotten fruits of decadent “civilization.”

Thanks again for your work on this, Alisa. Good writing should spark discussion and debate and you succeeded.

Best,

R

New Republic Attacks Judge Sotomayor With Sexist, Racist “Angry Latina” Meme

May 4, 2009

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It’s that time in the political year when, in addition to “swine flu” crisis, there’s also a sudden outbreak of another dreaded disease: expertise around Latino politics on the part of the fatally ignorant. Consider this specimen (handle such disguised hatred with extreme caution) from The New Republic’s (TNR) John Rosen, who makes the case against nomininating federal appeals court judge Sonia Sotomayor to the Supreme Court:

“But despite the praise from some of her former clerks, and warm words from some of her Second Circuit colleagues, there are also many reservations about Sotomayor. Over the past few weeks, I’ve been talking to a range of people who have worked with her, nearly all of them former law clerks for other judges on the Second Circuit or former federal prosecutors in New York. Most are Democrats and all of them want President Obama to appoint a judicial star of the highest intellectual caliber who has the potential to change the direction of the court. Nearly all of them acknowledged that Sotomayor is a presumptive front-runner, but nearly none of them raved about her. They expressed questions about her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative.

This double sexist, racist whammy has an old, even ancient history, a very deadly history (yes, Latinos have history, despite their absence on the History Channel and other outlets, Mikey) Rosen seems to draw upon with ease. See the whole article here.

Lest we forget, this is the same New Republic that pushed the “Latinos-will-not-vote-for-a- black-candidate” meme during the elections, elections in which almost 70% of Latinos voted for Obama. What’s fascinating is how TNR and other liberal publications, media where Latinos, Latino issues, Latino writers brillan por su ausencia (shine for their absence), are suddenly demonstrating expertise on Latino issues, Latino pols, judges, etc.

This is ripe for powerful pushback. Time we started challenging and hitting sexists, racists of the liberal variety too. Right wing Jewish groups of the extreme and liberal varieties waste no time attacking some of us as “anti-Semitic” when, for example, we join the chorus of global denunciation (including Human Rights Watch, Amnesty Intl.) around the slaughter of Palestinian babies, using cluster bombs and other depredations and war crimes of the Israeli government. For those of you tempted to find an excuse to divert attention from the issues at hand, namely the racism and sexism of TNR, my statement means, ISRAELI GOVERNMENT AS OPPOSED TO JEWISH PEOPLE. so,please save it for Fox News watchers, the lobotomized or someone else with time to waste.

The opportunity here is to build out political space, political clout establishing that we will not tolerate such garbage from sexists, racists of the right wing or liberal variety.

U.S. Immigration Policies Bring Global Shame on Us

February 26, 2009

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As one of the five full-time media relations specialists working for Maricopa County Sheriff and reality TV star Joe Arpaio- “America’s Toughest Sheriff” – Detective Aaron Douglas deals with the world’s media more than most. Though he is a local official, his is often the first voice heard by many of the foreign correspondents covering immigration in the United States.

“We talk to media from literally all over world: New Zealand, Australia, United Kingdom, Mexico, Chinese and other parts of the Orient,” Douglas drawled in a Southern accent. “We just did a series with a TV station from Mexico City about the isolation of illegal immigrants and why we’re putting them in a tent.” He was referring to a controversial march reported and discussed widely by international media and bloggers last week.

Alongside reports on Pres. Barack Obama’s announcement in Phoenix last week of his plan to revive the American Dream by fixing the U.S. housing crisis that led to the global economic crisis, millions of viewers, listeners and readers around the world also got stories reminiscent of the American nightmare Obama was elected to overcome, Guantanamo. “Immigrant Prisoners Humiliated in Arizona,” was the title of a story in Spain’s Onda Cero radio show; “Arpaio for South African President,” declared a blogger in that country; an op-ed in Mexico’s Cambio newspaper denounced “the inhuman, discriminatory and criminal treatment of immigrants by Arizona’s radical, anti-immigrant Sheriff, Joe Arpaio.” Stories of this week’s massive protest of Arapaio will likely be seen and heard alongside reports of Obama’s speech to Congress in media all over the world, as well.

The proliferation of stories in international media and in global forums about the Guantanamo-like problems in the country’s immigrant detention system- death, abuse and neglect at the hands of detention facility guards; prolonged and indefinite detention of immigrants (including children and families) denied habeas corpus and other fundamental rights; filthy, overcrowded and extremely unhealthy facilities; denial of basic health services – are again tarnishing the U.S. image abroad, according to several experts. As a result, reports from Arizona and immigrant detention facilities have created a unique problem: they are making it increasingly difficult for Obama to persuade the planet’s people that the United States is ready claim exceptional leadership on human rights in a soon-to-be-post-Guantanamo world.

Consider the case of Mexico. Just last week, following news reports from Arizona, the Mexican government, which is traditionally silent or very tepid in its criticism of U.S. immigration and other policies, issued a statement in which it “energetically protested the undignified way in which the Mexicans were transferred to ‘Tent City’” in Maricopa County.

David Brooks, U.S correspondent for Mexico’s La Jornada newspaper, believes that immigrant detention stories hit Mexicans closer to home because those reportedly being abused in detention are not from a far off country; they are family, friends, neighbors and fellow citizens. In the same way that Guantanamo erased the idea of U.S. leadership in human rights in the Bush era, says Brooks, who was born in Mexico, practices in immigrant detention facilities like those reported by global media in Maricopa County may begin to do so in the Obama era if something does not change. “Mexicans have never seen the U.S. as a great model for promotion of human rights. But with Obama we take him at his word. We’re expecting some change,” said Brooks. “But that will not last long if we see him continuing Bush’s [immigration] policies: raids, increasing detention, deportation. Regardless of his excuse, he will quickly become mas de lo mismo (more of the same) in terms of the experience down south.” If uncontested, the expression of such sentiments far beyond Mexico and Mexican immigrants could lead to the kind of American exceptionalism Obama doesn’t want.

In a March 2008 report, Jorge Bustamante, the United Nations Special Rapporteur on Human Rights of Migrants, concluded that “the United States has failed to adhere to its international obligations to make the human rights of the 37.5 million migrants living in the country a national priority, using a comprehensive and coordinated national policy based on clear international obligations.” Asked how his report was received in different countries, Bustamante said, “The non-governmental organizations have really responded. In the United States and outside the United States- in Mexico, in Guatemala, in Indonesia and other countries- NGO’s are using my report to frame their concerns and demands in their own countries- and to raise criticism about the United States.”

For her part, Alison Parker, deputy director of the U.S. program of Human Rights Watch, fears a global government “race to the bottom” around immigrant detention policies. “My concern is that as the rest of world sees the United States practices, we increase the risk that this will give the green light to other governments to be just as abusive or more abusive as the United States.”

If there is a positive note to be heard in the growing global chorus of critique of and concern about U.S immigration policy, it is to be found among those human rights activists and groups doing what W.E.B. DuBois, Paul Robeson and other civil rights activists did in previous eras: bring their issues to the global stage. Government documents from the civil rights era, documents that were released just a few years ago, illustrate how members of the Kennedy and Johnson State departments and even Kennedy and Johnson themselves were acutely aware of and sensitive to how denunciations in global forums of racial discrimination in United States had a devastating impact on the U.S. prestige abroad.

Such a situation around the rights of migrants today, says Oscar Chacon of the National Alliance of Latin American and Caribbean Communities, a Chicago-based global NGO run by and for immigrants, creates an opportunity out of the globalization of the images of both Sheriff Joe Arpaio and Barack Obama. “The world will be able to see him as the rogue sheriff that he is” said Chacon, who was in Mexico City attending a conference on immigration at which U.S. detention practices were criticized. “And it will be up to the Obama Administration to show the world that Arpaio is not a symbol of the rest of the country when it comes to immigration.”

Yes We Can Raid: Latinos, Immigrant Advocates Denounce Obama Administration’s 1rst Raid

February 26, 2009

http://www.ctdispatch.com/images/January_24_2008/obama.jpghttp://images.salon.com/news/feature/2007/07/27/ice_raid/story.jpg

While Department of Homeland Security (DHS) chief Janet Napolitano testified before a Congressional subcommittee about changes to Bush Administration immigration and security policies, DHS and Immigration and Customs Enforcement officers in Washington state were signaling no change: they launched the Obama Administration’s first major immigration raid. This story in the Seattle Times describes the raid on the Yamato Engine Specialists in Bellingham.

Shortly after announcement of the raid, immigrant rights and Latino organizations across the country condemned the actions of the Obama Administration.“President Obama told us to believe in change as he prepared to work on behalf of all Americans. “Workplace raids are remnants of failed immigration policies that have done nothing to solve the undocumented immigration problems we face,” said Jorge-Mario Cabrera of Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA). “We need immediate actions that support our President’s personal commitment to the American electorate, including the more than 10.5 million Latino voters, that a just and humane immigration solution is a priority,” added Cabrera. Even groups that have called for “tough and smart” enforcement as part of an immigration reform “tradeoff” for the legalization of 12 million undocumented workers denounced the raid., groups like America’s Voice and the National Council of La Raza, whose Executive Director, Janet Murguia, declared in response to the raid, “At a time when messages of change and hope abound, we are left to wonder how change will come to these failed policies.

That Obama and Napolitano’s loud roar of “Si se Puede Redar” (Yes We Can Raid) was received with such uniform and vociferous condemnation bodes well for the immigrant rights movement, which has too often, been divided between those emphasizing legalization and those concerned about detention, raids and other enforcement issues. At the same time, the universal condemnation also serves as a measure of the depths of the immigrant detention abyss the country is mired in; It may indicate that stories of a “softening” on immigration by Obama hard-liners like Rahm Emanuel may not be sufficient for many in the immigrant rights movement to drop their guard. We’ll see.

——————————

On the action front, should these policies continue, my own preferred response would be to create a petition asking the President to cease and desist from using the “Si Se Puede” slogan and its English language variant, “Yes We Can” and to instead adopt the increasingly popular “Si Se Pedo” slogan, which Of América can give him exclusive rights to.

Those of you wanting to denounce these actions by the Obama Administration can join the National Network for Immigrant and Refugees Rights call for letters, phone calls and other actions (see below.)
Call President Obama and Congress

Demand an End to ICE Raids & Abuses

Dear NNIRR members, partners, allies & friends,

Please call President Obama and your Representative and two Senators to denounce the brutal ICE raid against immigrant workers that took place yesterday in Bellingham, Washington (see background information below).

Call (202) 456-1414 and tell President Obama:

Ø The ICE raid yesterday in Washington state violates the rights of immigrant workers, harms the economy and makes our communities vulnerable to abuse and exploitation.

Ø You must end all raids and suspend all detentions and deportations.

Ø Restore and protect our Constitutional rights

Ø Please investigate ICE abuses and end the inhumane treatment immigrants are suffering in detention and deportation.

You can also send fax President Obama at: (202) 456-2461

Call (202) 224-3121 and ask to be connected to your Representative’s and Senators’ offices, tell them:

Ø The ICE raid yesterday in Washington state violates the rights of immigrant workers, harms the economy and makes our communities vulnerable to abuse and exploitation.

Ø End all raids and suspend all detentions and deportations.

Ø Restore and protect our Constitutional rights

Ø You must hold hearings to investigate ICE abuses and end the inhumane treatment immigrants are suffering in detention and deportation.

You can also get full contact information for your Congressional delegation at:

http://www.usa.gov/Contact/Elected.shtml

Please take action today!

For more talking points and messages to our elected officials, see NNIRR’s letter with signatures

to President Barack Obama at

www.nnirr.org

The Age of Crimmigration is Upon Us: Latinos New Majority-In Federal Prisons

February 19, 2009

A Rising Share:  Hispanics and Federal Crime

A recently released report provides another startling indicator of how Latino demographics are being used to lead the United States into a new age, the Age of Crimmigration. Produced by the Pew Hispanic Center, the report found that Latinos are now the largest single ethnic group in the federal prison system.

Fueled, in large part, by changes to immigration law that have multiplied exponentially the ways in which undocumented immigrants can be prosecuted and jailed as criminals, the new Latino federal prison majority documented in the report provides definitive proof of the “crimmigration” thesis developed by legal scholars like Juliet Stumpf of the Lewis and Clark Law School in Oregon. Stumpf’s groundbreaking paper, “The Crimmigration Crisis: Immigrants, Crime, & Sovereign Power,” predicted how a lethal combination of forces-changes to immigration laws, political shifts, intensified prosecution and enforcement – would lead to what she called, in 2006, “the most important development in immigration law today: the convergence of immigration and criminal law.” On a less legalistic level,the news of the new Latino federal prison majority also means the convergence of hundreds of thousands of the poor white, black and Latino families in terms of their dealings with a prison system fed increasingly with immigrant bodies. Nearly half of all Latino offenders were convicted of immigration-related crimes, crimes that only became crimes as a result of relatively new sentencing laws and policies.

Although normalized over the course of several years by a confluence of separate but symbiotic interests – opportunistic politicians (Republican and Democrat), nationalistic and race-baiting media personalities, multi-billion dollar security and prison-industrial interests, “immigrant rights advocates” (and the major foundations that fund and legitimate them) promoting “smart” & “tough” immigration policies in exchange for legalization for 12 million undocumented-the immigrant=criminal axiom is, in legal terms, a relatively recent historical development. And it will likely worsen without major mobilizations from below.

As the new Latino federal prison majority overtakes the sizeable populations of whites and African Americans in federal facilities, it should be noted that the criminalization of immigrants and immigration policy described by the crimmigration thesis comes as an extension of previous legal and other institutional practices. For example, the exponential increase in laws facilitating the mass incarceration of mostly Latino migrants appears to follow the same pattern and logic that led to the exponential increase in the disproportionate drug sentencing laws and policies that led to the mass incarceration of African and other, mostly poor Americans. Without radical intervention from below or a definitive change of heart from above- or both, immigration laws will join drug laws as the drivers of the prison system in the Obama era.

Latinos already account for 40 percent of those convicted of federal crimes, a percentage that has doubled from 1991 to 2007 (see chart below). And, according to this report in the New York Times, “Of Latino federal offenders, 72 percent are not United States citizens and most were sentenced in courts from one of the four states that border Mexico.” (contd. below chart)

(from NY Times)

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Because crimmigration combines two political third rails -criminal justice and immigrant rights-, legal reform, enforcement and prosecution and detention issues in immigration policy have been and may continue to be largely ignored by elected officials and other policy influentials. That candidate and now President Obama and his allies have remained largely silent on the crisis of incarceration and criminal justice in black and Latino communities does not bode well for the “hope” that the Obama administration will be willing to take on powerful lobbies of the fast growing immigration prison-industrial complex: aerospace, surveillance and prison-building industries like Halliburton and Boeing, prison guard unions (whose fasest-growing group are Latino prison guards), and super predatory private prison management firms like GEO. Soon, we will likely see increasing numbers of immigrants themselves joining the ranks of those profiting from mass imprisonment of immigrants.

But, if there’s an opportunity to be found (and there always is) in the cloudy complexities of crimmigration policy it is the realization that the silver lining is actually and truly black and brown. Growing Latino majorities in the already overcrowded federal penitentiary system are nothing if not an unprecedented opportunity to create a visionary, mass-based movement of blacks and Latinos and others committed to ending the disgrace that makes us the largest carcereal country on earth. Rather than operate piecemeal and in separate silohs, criminal justice and immigrant detention activists can together lead a powerful movement the likes of which this country has never seen. Crimmigration represents as much a historic opportunity as it does a great danger in times of economic and political crisis.

Homeland Security Chief Napolitano Outlines Top Immigration Priorities: Militarism & Militarism

February 16, 2009

Homeland Security Secretary Janet Napolitano.

Looks like Napolitano’s -and Obama’s- version of “hope” and “change” on immigration means pressing down on the undocumented with even more boots and guns, according to this interview on NPR.

Given the spikes in anti-immigrant hate crimes that continue spilling blood on our streets and given the colossal humanitarian crisis festering in detention centers throughout the country , such a militaristic approach to immigration policy is nothing less than immoral and inhumane. Such an approach begs the questions, “Where is the hope?” and “Is this what you meant by “change?”

If the Obama Administration continues along this deadly path, I predict that the immigrant rights movement and growing numbers of Latinos will start politically attacking Obama and his backers in DC in anticipation their support for policies that will worsen further the growing humanitarian crisis in detention. I also predict the Dems and their allies will counter with a modified version of the PR strategy used to promote McCain-Kennedy: focus media on legalization while avoiding or simply paying minimal lip service to detention, raids enforcement and other issues involving the most vulnerable. By adding more jaded chants of “Si Se Puede” to such grotesque policies, Obama and Napolitano will only make even more of us hear even more clearly the echoes of “Si Se Pedo” politics: sounds similar to something good until you get close to the smell that’s toxically bad.

In a such a dangerous climate, a climate in which economic decline worsens the undocumented condition -death in jail, hate crimes, death in deserts, daily doses of dehumanizing media-, it is our duty to reject as extremely dangerous and in the most forceful terms any of the “smart enforcement” and other militaristic language and policy used by Napolitano, GOP & Dems and some “immigrant rights advocates.” Without a powerful pushback against these powerful interests who claim to be “liberal” and “progressive” on immigration reform, their institutional advantages – government bully pulpit & policy leadership, massive foundation funding for polls, media work and even blogging, media predisposition to be DC-centric- will again push non-legalization issues into the gulag of neglect, the further normalization of the nefarious things we’re seeing in the treatment of the undocumented.

So, beware: the workings of “hope” and “change” lurketh on the horizon.

Immigration Reform Debate Must Regain a Moral Compass

January 15, 2009

Immigration Reform Debate Must Regain a Moral Compass

New America Media, Commentary, Roberto Lovato, Posted: Jan 15, 2009

Review it on NewsTrust

NEW YORK—The buzz filling Blackberrys, busy halls and spacious deal-making rooms in Washington appears to signal that spring arrived early this year for immigrants. In the last week alone, several prominent figures—outgoing President Bush, incoming President Obama, Mexican President Calderón, Los Angeles Cardinal Mahoney, to name a few—have discussed the possibility of comprehensive immigration reform. And, as in the previous failed attempts at reform in 2006 and 2007, legalization for the more than 12 million undocumented among us occupies the center of forums, speeches and other public statements of Democratic and civic leaders in the beltway.

“Immigrants must be brought out of the shadows so they can fully contribute to our nation’s future economic and social well-being,” declared Cardinal Mahoney during a recent teleconference.

While laudable in its intent, the legalization-centered approach of Mahoney and others may not be the best way to deal with the tragic legacy of failed immigration reform: spikes in anti-immigrant, anti-Latino hate crimes, deaths in decrepit immigrant prisons, thousands of families separated, children and families terrorized by heavily armed Immigration and Customs Enforcement (ICE) agents raiding their homes.

These efforts are inadequate because, contrary to the new Washington consensus on immigration, the greatest single need in immigration reform is not legalization. Rather, what is most needed is moral imagination.

The predominance of the “practical” considerations – “immigrants are good for the economy,” “we need tough and smart enforcement,” etc.— framing the arguments in favor of comprehensive reform should be balanced by a simple, but now elusive fact that smashes any of the discursive frames prevailing on either side of the immigration debate: undocumented immigrants are first and foremost human beings whose lives are as sacred as that of any other being.

Although all advocates surely believe this, not all voice it as much as they used to.

Thankfully, the possibilities of the political moment reflected in the election of Barack Obama and a new, more Democratic Congress offer us the best opportunity to return morality to the center of an immigration debate that has reached dangerous levels of absurdity, if the spate of murders of immigrants here in “liberal” New York and other cities are any indicator.

Although Mahoney, Bush and other backers of immigration reform have included some moral arguments as part of their case, the Washington, D.C., realpolitik of the past decade has pushed moral considerations into the shadow of the legalization-centered approach. Consider, for example, how Mahoney, Bush and other backers of the failed McCain-Kennedy immigration reform package of 2006 to 2007, were willing to “trade off” the more than 700 pages of punitive immigration policy—increased incarceration, deportation, militarization of the border—for less than 100 pages of punitive approaches to legalization contained in the bill.

While morality cannot be legislated, moral considerations can and must be part of immigration legislation. This is the way it was before the mid-1990s, the period when Washington decided to de-emphasize moral arguments in favor of the realpolitikal legalization approach provided by high-powered pollsters and public relations consultants. This was when the now familiar immigration reform jargon—”smart and tough,” “practical” and “comprehensive”—entered our national discourse on immigration reform. I still remember how uncomfortable I felt during teleconferences organized by the National Council of La Raza (NCLR), the National Immigration Forum (NIF) and other Washington groups at the time. Hearing pollsters and advocates tell us, “Moral arguments don’t work with the voters,” made me nervous. Hearing them then call for “necessary tradeoffs” (code for accepting even more punitive immigration policies in exchange for legalization) as part of “comprehensive immigration reform” scared me.

Then—after the failure of immigration reform in 2006 and 2007—NCLR, NIF and other members of the Coalition for Comprehensive Immigration Reform produced a confidential report, “Winning The Immigration Debate,” in January 2008 advising Democratic candidates to adopt a “get tough” immigration message. This message made me wonder if some were blind to the anti-immigrant violence infecting the cultural climate like a virus. The report calls for a message that “places the focus where voters want it, on what’s best for the United States, not what we can/should do for illegal immigrants.”

It made me realize how far we had strayed from the halcyon days when moral frames of the immigration debate prevailed among most advocates.

While the responsibility for the surge in anti-immigrant hatred, violence and even murder goes to the GOP, right-leaning Democrats, right-wing media personalities and well-funded hate groups like the Federation for American Immigration Reform (FAIR) and NumbersUSA, many of us in the advocate community must come to grips with a disconcerting fact: We allowed the humanizing and protective shield of morality to be eviscerated from the discussion about human beings who happen to be immigrants.

There’s no malicious intent behind the political strategy of the “get tough and smart” approach to immigration reform. But it is problematic that, with few exceptions, none of the high-profile advocates of immigration reform has publicly admitted any errors of judgment with regard to either accepting punitive policies or enabling the evisceration of the moral frame from the immigration debate.

Rather than point fingers after the fact, it is best to put political energy and resources into doing for detention, raids and other immigration policies what many advocates are already doing around detention and torture in Guantanamo: reigniting the moral imagination that must inform the debate.

Such an approach to immigration reform will do much to address what is now a deep cultural problem in a country that has come dangerously close to normalizing hatred of immigrants in its media, in its legislatures and in its streets. If we have learned anything from the civil rights struggle we are about to commemorate on Martin Luther King, Jr. day, it is that sometimes we have to go against what pundits and pollsters say and simply do what is right.

Secretary of Labor Designate Hilda Solis: One to Celebrate

December 19, 2008

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In what will be the first progressive appointment of his administration, President-elect Barack Obama invited Southern California Congresswoman, Hilda Solis, to join his cabinet as the Secretary of Labor. This is especially welcome news to labor and immigrant rights groups who have constituted Solis’ primary base in her rise to national prominence. The daughter of Mexican and Nicaraguan immigrant laborers, Solis brings the most solid progressive credentials of any member of the Obama cabinet-including Obama himself. She has won abundant praise and wide support because of her positions on labor rights, immigration issues, environmental protection and women’s rights, to name a few. Her appointment reflects the growing power and influence of the labor and immigrant struggles of Southern California and across the country as her trajectory, like that of L.A. Mayor Antonio Villaraigosa, took rapid upward turn thanks to the political energy and power unleashed after the struggles against Proposition 187 in California. For those looking for hope in the great labor and immigration struggles we’re still engaged in, look no further at what your work has wrought: Hilda Solis, Secretary of Labor.

(Full disclosure: I know and have worked on a number of issues with Hilda since we fought Proposition 187 in California in the early 90’s and have, since then, found her to be nothing, if not a smart and capable fighter and an upright person. In addition to celebrating Hilda’s political capabilities, I am also likely being moved by the fact that I’ve never seen someone whose extraction so closely resembled my own (Central American immigrant unionist household) enter the Star Chamber of global power, except maybe to clean it. May she enlighten it with the warmth and brilliance of Southern California and the Américas. In sum, I can say without reservation, that this really is one to celebrate as I am about to go do as soon as the this period in my sentence drops….

Grijalva Appointment to Interior Department Would Bring Ecological-and Political- Balance to Obama Cabinet

December 6, 2008

AlterNet

Anyone who has visited a national park or traversed the country’s diverse wilderness comes home with gorgeous, yet distressing images of it; those returning from a visit to one of the more than 562 tribes the federal government recognizes and is supposed to assist also bring back sad stories about it; and those of us who enjoy camping or fishing or hunting inevitably return home talking about it. “It” is the scenery and life found on the millions of acres of federal land left blemished and vulnerable by Bush Administration’s Department of the Interior (DOI).

As urbanization, economic restructuring and the insatiable lust for land and natural resources continue to threaten the still-astonishingly beautiful and rich land of this country, we should all care about whom President-elect Obama chooses to lead the DOI. The urgency of these issues came home twice this week as the Bush Administration delivered two parting gifts to big mining interests by rescinding two important regulations — one requiring the DOI to prevent mining companies from dumping waste near public streams and another protecting federal land near the Grand Canyon from mining and oil and gas development.

In order to deal with such challenges to the land and people under the purview of the Department, which is charged with managing most federally-owned land as well as with managing relationships with Native American peoples, the Obama Administration must appoint someone with the experience, expertise and political sophistication to lead nothing less than a New Deal for the land and people our government deals with.

Of all the candidates being vetted by the Obama transition team for this complex and challenging responsibility, none can match the unique qualifications of Congressman Raul Grijalva (D-AZ). Grijalva, who was the leading voice denouncing this week’s most recent giveaway to mining companies by the Bush Administration, will bring urgently needed balance and poise to a federal land management bureaucracy that has pushed we the people into dangerous disequilibrium with the land we live on- and love. Appointing Grijalva, who was elected Co-Chair the Congressional Progressive Caucus, will also bring more and much-needed political balance to the Obama cabinet than some of the Republican-lite Democrats also being considered for the DOI post like California Blue Dog Democrat, Mike Thompson.

Like almost all of the previous Secretaries of the Interior, Grijalva hails from the West, more specifically Arizona, where his 7th Congressional district seat has provided him with the kind of experience and leadership we will need in a DOI Secretary.

Grijalva’s willingness to reverse the values and practices instituted by the Bush Administration’s Department of the Interior are well-illustrated by his leadership of the National Parks, Forests and Public Lands Subcommittee of the 110th Congress. Most recently, he spearheaded efforts to stop the planned re-mining of the Black Mesa, located in northern Arizona. In a recent letter to current DOI Secretary Dirk Kempthorne, Grijalva called on the Bush Administration to restore some semblance of the natural balance between the diverse interests DOI must manage: “Mining at Black Mesa has caused springs on Hopi lands to dry up and jeopardized the sole source of drinking water for many Hopis and Navajos.”

This same will to balance informs the National Landscape Conservation System, and the Environment Congressional Task Force Co-Chair Grijalva’s efforts to craft urgently needed legislation to reform the very outdated General Mining Law of 1872. Environmentalists, scientists and other advocates believe this law must be changed if the wilderness of the west and of our national parks, forests and public lands systems are to return to sustainability. Such actions have secured very strong support for Grijalva’s DOI bid from environmental, scientific and other groups, including the National Conservation Association, the Coalition of National Park Service Retirees and the U.S. Humane Society, to name a few. A letter to President-elect Obama in support of Grijalva was signed by more than 50 prominent scholars specializing in biology, conservation and other disciplines. In the letter, the scholars called him a “broad thinker” and praised the Congressman’s “Report on the Bush Administration Assault on Our National Parks, Forests and Public Lands” as the work of “someone who understands and values science.”

No less effusive are the statements of support Grijalva is receiving from Native American leaders like Ned Norris, who as tribal Chairman of the Tohono O’odham Nation-one of 7 tribes in Grijalva’s district- says he has “enjoyed an extensive and extremely positive relationship with the Congressman for many years.” Asked what appeals most to tribes like his about a possibility of a Grijalva-led DOI, Norris answered “He has a deep understanding of and respect for relationship between tribes and U.S. government.” Norris also pointed to the Congressman’s sophistication and success in settling a 30 year-old water and resource dispute between the Tahono O’odham tribe and the federal government.

In his efforts to foster change and hope with regard to both the stewardship of federal land and the management of relations with Indian nations, President-elect Obama will bring urgency and much-needed balance to these important government functions by appointing Congressman Raul Grijalva Secretary of the Interior.


This piece was first published on Alternet.org

Obama and the Future of Immigration Reform

December 5, 2008

The Takeaway

This early morning interview with John Hockenberry of the WNYC’s The Takeaway program looks at the possibility of helping President-elect Obama put an end to the deadly workings of our miserable failure of an immigration system. Hope you like it!

Immigration Reform Trapped in Political Dualism

December 2, 2008

New America Media, Commentary, Roberto Lovato, Posted: Dec 02, 2008 Review it on NewsTrust

Recent talk about “immigration reform” coming from Washington inspires some hope, some fear and lots of reminders about what I call “political-dualism”: the ability of a President or political party to simultaneously communicate opposing policies while delivering either no new policies or exceptionally bad ones.

As the Obama Administration prepares to take the reins of the massive and massively inefficient and broken immigration system, it is important to have clarity about the incontrovertible need to overcome the political dualism that created our immigration mess in the first place.

My first practical experience of lobbying and of political dualism came during the Clinton years. At that time, in the mid-‘90s, I was head of Central American Resource Center ( CARECEN), then the country’s largest immigrant rights organization. Like many immigrant rights activists today, my colleagues at CARECEN and around the country and I marched and protested and sued and lobbied to end the undocumented status of immigrants.

In one case, for example, we sought to secure legal status for the hundreds of thousands of Central American refugees denied political asylum and other forms of legalization by both the Reagan and Bush I Administrations due to the Republican’s politicization of the immigration process. In the end, our many efforts yielded only partial success in the form of what is known as Temporary Protective Status (TPS) granted by the first Bush Administration.

Much like the rising tide of expectations today, the triumphal return of the Democrats to the White House in 1992 brought with it expectations –and official promises- of an immigration reform, one that would legalize Salvadorans and Guatemalans living under TPS. TPS allows immigrants to work temporarily in the country, but does nothing to remove the specter of vulnerability before employers, landlords and others who exploit immigrants’ temporary status for economic and personal gain.
Images of my cousin, Maria, crying alone in her room because of oppressive hotel bosses and because of her inability to see her son, who she left and had not seen since he was 3 years old, remain with me as a reminder of the perils and pain of temporary and undocumented status.

I remember how Clinton Administration officials with impressive credentials like Alex Aleinikoff and others charged with immigration matters, told us in un-Republican and friendly terms, that “We definitely want to resolve the TPS issue- but right now is not the right time.” Eight years after the Clinton Administration led the Democrats return to power, Maria and other immigrants with TPS saw no change in their legal status. And, now, nearly 20 years since TPS was first instituted, as I watch how Republican rejection and the Democrats’ political dualism have left many TPS holders and more than 12 million other immigrants living under the tyranny of “temporary” and undocumented status, I find myself struggling with my own dualism: believing in the possibility of “real change” inspired by Obama’s presidential campaign while also hearing distant echoes of the Democrats’ immigration siren song.

Consider the conflicted and conflicting recent statements about immigration reform made by Congressional Democratic leaders. Asked last month what she thought about the possibility for immigration reform, House Speaker Nancy Pelosi responded, “Maybe there never is a path to citizenship if you came here illegally,” adding “I would hope that there could be, but maybe there isn’t.” Asked the same question last week, Senate Majority Leader Harry Reid responded in no uncertain terms, “We’ve got McCain and we’ve got a few others. I don’t expect much of a fight at all.” That such mixed messages would come from the Democrats is much more than another expression of the contradictory views often held by members of the same party. Viewed from the vantage point of the recent and not-so-recent and rather twisted history of non-reform has been immigration policy, these conflicting messages sent by the Democratic leadership should be viewed as a more recent variation on the theme of the political dualism that lead us nowhere.

Hearing recently that Obama had appointed Aleinikoff, the former Clinton operative, as one of the two people leading the immigration policy transition team did little to inspire hope among those of us with a political memory. But Obama’s announcement that Stanford scholar, Tino Cuellar, a young, outside-the-Beltway academic whom I’ve spoken with and who friends in the legal community consider fair, decent and smart, tilted my spirits towards believing change might be possible. But then news of Obama’s likely appointment of Arizona Governor and former Clinton-U.S. Attorney appointee, Janet Napolitano, to lead the Department of Homeland Security only reinforced the belief that political dualism may define the Obama legacy on immigration; Napolitano has enthusiastically supported “emergency measures” like militarizing the border to “fight” the “threat” posed by immigrant gardeners, meatpackers and maids like my cousin, Maria; But she has also vetoed at least a few of the more than 75 anti-immigrant measures introduced in Arizona home to the infamous Sheriff, Joe Arpaio.
Arpaio, who is responsible for introducing highly controversial policies like deploying deputies in immigration sweeps of entire Latino neighborhoods, enjoyed the tacit political and financial support for these practices from Napolitano for several years. Napolitano did nothing to curtail the alarming number of deaths in Arpaio’s immigrant jails and only decided to yank funding for his immigration program in the middle of the Democratic primary earlier this year.

If anything, the immigrant deaths, racial tensions, incessant raids and other indicators of the failure to improve immigration policy in Arizona provide immigrant advocates like Alexis Mazon of the Tucson-based Coalicion de Derechos Humanos, little inspiration and lots of concern. According to Mazon, Napolitano’s record of previous support for Arpaio and for “some of the most dangerous immigration practices of any state in the country” give one no cause for joining the chorus of Democrats, media pundits and Beltway (as opposed to outside-the-Beltway groups like Mazon’s) immigration groups gushing over Napolitano’s “tough and smart” approach to immigration.

And as the Obama Administration and the rest of us prepare for the possibility of a renewed discussion and debate around immigration reform, those of us outside the Beltway must put terminating political dualism alongside developing and advocating for a real reform agenda at the top of our strategies and actions.

Such a mobilizing approach revived what I remember was a moribund immigration debate of 2006, and nothing less is required now. In addition to mobilizing as they did in 2006, outside-the-Beltway advocates will also have to find new and creative ways to move the debate and discussion around immigration beyond the growing Washington consensus: combining the politically dualistic “tough and smart” policies that legalize immigrants while increasing the number and types of punitive policies that took up 700 of the 800 pages of the failed McCain-Kennedy “liberal” reform proposal.

Transcending the “tough and smart” political dualism of immigration reform means replacing the so-called “tradeoffs” of the McCain-Kennedy bill with “safe and sane” policies that combine legalization with fundamental and necessary changes to our broken immigration system.

The first consideration in any serious reform should be removing the immigration processing functions from the anti-terrorist bureaucracy of the Homeland Security Department and placing them in the Commerce or Justice Departments or some other less national security-focused part of government as has been the case throughout the history of immigration policy.

In addition to a less-punitive approach to legalization than the get tough approach of the McCain-Kennedy bill, out-of-the-Beltway advocates are also advocating for immigration reform policies that consider fair trade and economic development, human rights, U.S. foreign policy and other hemispheric issues that directly influence the flow of migration. Such a firm and steady, yet flexible and inclusive approach to immigration policy fits well Obama’s promise of change while also freeing Maria and millions of undocumented immigrants from the perils and pain of political dualism.

What Will Obama do About Terror Incognita: Immigrants and the Homeland Security State?

November 17, 2008

Before anything, my apologies for not notifying you about my hiatus. I was in China and thought I’d be able tp post from there-and I was wrong. In any case,I’m back and ready to deal. Best, R.

Check out this must-read issue of the NACLA Report on the Americas, which looks at something we’ve been looking at for some time: how immigrants are being used to build up the national security state. The impetus for the issue was this piece, which I wrote for Political Research Associates several months ago and which turns out to be one of the more widely circulated and read pieces I’ve written. NACLA and I revised, amended and shortened the PRA piece for publication now. As the immigrant rights movement and those concerned with human rights search for measures of President-elect Obama’s commitment to immigrant rights, issues discussed in this still-quite-relevant analysis might provide a good starting point. If Obama fails to do something in short order about stopping the terror wrought by the Immigration and Customs Enforcement (ICE) agency, that should give more than a few of us a clear signal of his willingness to continue the bi-partisan support for the the machinery of death and destruction. We should at that point end the Latino honeymoon in short order.

Over the course of this longest of campaigns ever, I’ve interviewed several of Obama’s and the Democratic party’s operatives, more than a few of whom told me -off-the-record- about dealing with the raids through “executive orders” in which the President simply calls for an immediate end to the ICE raids. While that would be a welcome start towards returning us to the problems of the pre-9-11 period, I have serious doubts about the willingness of the Obama operatives and the Democrats to deliver. I hope I’m really, really wrong about this one. Really wrong. Veremos. In any case, do read the NACLA issue as it touches on things we’ll still be facing after January 20th. R

Building the Homeland Security State

by Roberto Lovato

Lost in debates around immigration, as the United States enters its greatest economic crisis since the Great Depression, is any sense of the historical connection between immigration policy and increased government control—of citizens. Following a pattern established at the foundation of the republic, immigrants today are again being used to justify government responses the economic and political crises. Consider, for example, the establishment in November 2002 of the Department of Homeland Security (DHS), the largest, most important restructuring of the federal government since the end of World War II.1 The following March, the Immigration and Naturalization Service was dismantled and replaced with the Immigration and Customs Enforcement (ICE) agency under the newly established DHS. ICE’s rapid expansion—16,500-plus employees and near $5 billion budget—quickly transformed it into DHS’s largest investigative component, accounting for more than one fifth of the multibillion-dollar DHS budget. ICE is also the second-largest investigative agency in the federal government, after the FBI, responsible for enforcing more than 400 statutes, and is arguably the most militarized federal entity after the Pentagon.2 Not long after its inception, ICE began to wage what many advocates have called a “war on immigrants.”

Beginning in fall 2006, ICE launched a campaign of workplace and home raids aimed at “getting tough on immigrants.” Thousands of heavily armed ICE agents were deployed in these high-profile raids designed, we were told, to find and deport undocumented immigrants. Since 2006, hundreds of thousands of immigrants have been detained in jails that constitute the fastest-growing part of the prison system in the country. The speed with which the militarization of migration policy took place left many questions. Why, for example, did the Bush administration move the citizenship-processing and immigration-enforcement functions of government from the more domestic, policing-oriented Department of Justice to the more militarized, anti-terrorist bureaucracy of the Department of Homeland Security? Most explanations view this transfer, and the relentless pursuit of undocumented immigrants that it enabled, as a response to the continuing pressures of angry, mostly white, citizens. Widespread fear and xenophobia following the September 11 attacks, together with the “anti-immigrant climate” fostered thereafter by civic groups like the Minutemen, Republican politicos, and media personalities like CNN’s Lou Dobbs, we are told, has led directly to the massive new government bureaucracy for policing immigrants. The Washington Post, for example, told us in 2006 that the rise of the Minutemen and their armed citizen patrols along the U.S.-Mexico border was “credited with helping to ignite the debate that has dominated Washington in recent months.”3

But while many can believe that there were ulterior motives behind the wars in Iraq and Afghanistan, few consider that there are non-immigration-related motives behind ICE’s Al Qaeda-ization of immigrants and immigration policy: building a domestic security apparatus, one made possible by multibillion-dollar contracts to military-industrial companies like Boeing, General Electric, and Halliburton for “virtual” border walls, migrant detention centers, drones, ground-based sensors, and other surveillance technology for use in the Arizona desert that was originally designed for Middle Eastern war zones. Not to mention the de facto militarization of immigration policy through the deployment of 6,000 additional National Guard troops to the U.S.-Mexico border; thousands of raids across the country; and the passage of hundreds of punitive, anti-migrant state and federal laws like the Military Commissions Act, which denies the habeas corpus rights of even legal residents who are suspected of providing “material support” to terrorist groups.4

This is not to say that public pressure from the anti-immigrant right played no role in the Bush administration’s immigrant crackdown. And another interpretation of the increased repression against immigrants is articulated by journalist David Bacon, who posits that the crackdown is purposefully meant to trigger an immigrant-labor shortage, which will eventually enable the government to establish the migration policy it’s been pushing for all along: a temporary guest-worker program.5 While that is surely part of the government’s response, such conclusions fail to explain why the government needs to deploy its military might to deal with gardeners, maids, and meatpackers. Such explanations fail to consider how reasons of state, the logic of government, figure heavily in the Bush administration’s historic and massive government restructuring. By framing such militaristic measures as targeting noncitizen immigrants makes it easier for citizens to swallow the increased domestic militarism inherent in increasing numbers of uniformed men and women with guns in their midst. As David Cole put it in his Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (The New Press, 2005): “What we are willing to allow our government to do to immigrants today creates a template for how it will treat citizens tomorrow.” Constant reports of raids on the homes of the undocumented immigrants normalize the idea of government intrusion into the homes of legal residents.

In order to understand how and why ICE now constitutes an important part of the ascendant national security bureaucracy, we must first look at the intimate relationship between national security policy and homeland security policy. In July 2002, the Bush administration introduced its “National Strategy for Homeland Security,” a document that outlines how to “mobilize and organize our Nation to secure the U.S. homeland from terrorist attacks.” Two months later, the administration released the more geopolitically focused “National Security Strategy of the United States of America,” whose purpose is to “help make the world not just safer but better.” September 11 provided the impetus to create a bureaucratic and policy environment dominated by security imperatives laid out in two of these documents, two of the most definitive of our time, which outline strategies that “together take precedence over all other national strategies, programs, and plans”—including immigration policy, which receives considerable attention, especially in the section on homeland security strategy.

By placing other government functions under the purview of the national security imperatives laid out in the two documents, the Bush administration enabled and deepened the militarization of government bureaucracies like ICE. At the same time, immigrants provided the Bush administration a way to facilitate the transfer of public wealth to military-industrial contractors through government contracts in a kind of Homeland Security Keynesianism. The role of the private sector is also made explicit on a DHS webpage called “Information Sharing and Analysis,” which says that the department “is responsible for assessing the nation’s vulnerabilities” and that “the private sector is central to this task.”

Such dealings are provided for in the two Homeland Security strategy papers, which call for DHS to “establish a national laboratory for homeland security” that solicits “independent and private analysis for science and technology research.” This materialized in ICE’s budget, which has resources for research and development of technologies for surveilling, capturing, detaining, and generally combating what politicos and Minutemen alike paint as the Malthusian monster of immigration. Immigrants not only justify but make possible such massive state expenditures—at great human cost.

*

Shortly after the September 11 attacks and the creation of DHS, the Bush administration used immigrants and fear of outsiders to tighten border restrictions, pass repressive laws, and increase budgets to put more drones, weapons, and troops inside the country. Government actions since 9/11 point clearly to how the U.S. government has set up a new Pentagon-like bureaucracy to fight a new kind of protracted domestic war against a new kind of domestic enemy, undocumented immigrants.

In the process of restructuring the immigration bureaucracy, national security concerns regarding threats from external terrorist enemies got mixed in with domestic concerns about immigrant “invaders” denounced by a growing galaxy of anti-immigrant interests. This should not have come as a surprise: In times of heightened (and often exaggerated) fears about national security, immigration and immigrants are no longer just wedge issues in electoral politics; they transform into dangerous others who fill the need for new domestic enemies. Immigrants can provide the rationale for expanding the government policing bureaucracy in times of political crisis, economic distress, and major geopolitical shifts. At a time when less than 18% of the U.S. population believes it is living the American Dream, according to one poll, the state needs many reasons to reassert control over the populace by putting more gun-wielding government agents among the citizenry.6

A brief look at historical precedents for this kind of government anti-immigrant action yields the conclusion that this instrumentalizing of immigrants to build up government policing and military capabilities is, in fact, a standard practice of the art of statecraft. The historical record provides ample evidence of how national security experts, politicians, elected officials, bureaucrats and other managers of the state have used immigrants and anti-immigrant sentiments and policies as a way of normalizing and advancing militarization within the borders of the United States.

Long before the Patriot Act, DHS, and ICE, policies linking immigrants to the security of the country formed an important part of U.S. statecraft. Like many of the newly established countries suffering some of the political and economic shocks of economic and political modernization in the late 18th century, the fledgling United States and its leaders needed to simultaneously consolidate the nation-state established constitutionally in 1787 while also maneuvering for a position on a global map dominated by the warring powers of France and England. Central to accomplishing this were immigrants, who provided both a means of rallying and aligning segments of the populace while also legitimating massive expenditures toward the construction of the militarized bureaucracies meant to defend against domestic threats to “national” security, threats that linked external enemies, real and perceived. In response to the devastating effects of economic transformations, thousands of French, German, Irish, and other immigrants led uprisings like the Whiskey Rebellion and Shay’s Rebellion, which were viewed as threats by elites, especially the Federalists.

In the face of both popular unrest and competition for political power, and in an effort to consolidate the state and the globally oriented mercantile and pre-industrial capitalist economy, Alexander Hamilton and then president John Adams did what has, since their time, become a standard operating procedure in the art of U.S. statecraft: build the state and insert its control apparatus in the larger populace by scapegoating immigrants as threats to national security. The period before and after the passage of the 1798 Alien and Sedition Acts, which gave Adams, the father of the national security state, unprecedented powers. Fearful of Jacobinism’s influence, Adams secured the authority to unilaterally deport any immigrant he deemed a threat to national security. According to historian John Morton Smith, the internal security program adopted by the Federalists during the Adams administration “was designed not only to deal with potential dangers from foreign invasion . . . but also to repress domestic political opposition.”7 In this context, immigrants became the domestic expression of the threat represented by the French Jacobins, the subversive threat of the early 19th century. Indeed, the modern use of the word terror first enters the language when Edmund Burke gazed across the English Channel and, in his Thoughts on the Prospect of a Regicide Peace (1796), used it to describe the actions of the Jacobin state. Burke’s conservative U.S. cousins then adopted the term and applied it to French-influenced immigrants and others considered subversive.

Another major buildup of the government policing apparatus took place during the Red Scare of 1919. The U.S. government faced several economic and political pressures, including the end of World War I, the demobilization of the army, returning troops, joblessness, depression, unemployment, and growing inflation. The precarious situation gave rise to increased elite fear of Jewish, Italian, and other immigrant workers in the era of the Bolshevik revolution and an increasingly powerful, and militant, labor movement. Socialists, Wobblies, and other activists staged 3,600 labor strikes involving 4 million workers, many of whom were led by and were immigrants. Government and big business had to watch as fully one-fifth of the manufacturing workforce staged actions.8 Massive organizing by Jamaican immigrant Marcus Garvey’s United Negro Improvement Association and race riots in northern cities further stoked elite fears.

Like other national governments of the period—and in contrast to today’s era of outsourcing—the United States had begun intensifying the centralization of functions formerly carried out by the private sector, including keeping labor and other dissidents in check. In the words of Regin Schmidt, author of The FBI and the Origins of Anti-Communism in the United States (Museum Tusculanum Press, 2000): “In response to social problems caused by industrialization, urbanization and immigration and the potential political threats to the existing order posed by the Socialist Party, the IWW and, in 1919, the Communist parties, industrial and political leaders began to look to the federal government, with its growing and powerful bureaucratic organizations to monitor, and control political opposition.”

FBI historian John A. Noakes concludes that “the domestic unrest during this period presented the Bureau of Investigation the opportunity to expand its domain and increase its power.”9 Major expansion of the state through the building of new bureaucracies (Bureau of Corporations, Department of Labor, Federal Trade Commission, etc.) and bureaucratic infighting for government resources and jurisdiction turned the largely immigrant-led unrest into an unprecedented opportunity for A. Mitchell Palmer and his lieutenant, J. Edgar Hoover, who just five years after the scare went on to serve as the director of the Bureau of Investigation, later to become the FBI, where he became the most powerful nonelected official in U.S. history.

During the raids, thousands of immigrants were surveilled, rounded up, and deported during the Red Scare’s Palmer Raids. In what sounds like a precursor to the current ICE raids, local police and federal agents collaborated around immigration. According to FBI historian Kenneth D. Ackerman, in his Young J. Edgar: Hoover, the Red Scare, and the Assault on Civil Liberties (Carroll & Graf Publishers, 2007): “Backed by local police and volunteer vigilantes, federal agents hit in dozens of cities and arrested more than 10,000 suspected communists and fellow travelers. They burst into homes, classrooms and meeting halls, seizing everyone in sight, breaking doors and heads with abandon. The agents ignored legal niceties such as search warrants or arrest warrants. They questioned suspects in secret, imposed prohibitive bail and kept them locked up for months in foul, overcrowded, makeshift prisons.”

Sound familiar? Ackerman concludes: “Almost 90 years later, today’s war on terror exists in an echo chamber of the 1919 Red scare.” It was in the era of the Red Scare that talk of establishing a border patrol began, after Immigration Service authorities were overwhelmed by the tasks demanded of them after the United States entered World War I in 1917. “Thus,” concludes Joseph Nevins in Operation Gatekeeper: The Rise of the “Illegal Alien” and the Remaking of the U.S.-Mexico Boundary (Routledge, 2001), “the roots of the U.S. Border Patrol are to be found not only in concerns about unauthorized immigration, but also (and perhaps more so) in a preoccupation with matters of national security as related to the boundary.”

During the Great Depression, Mexicans in the United States were scapegoated for the economic hard times, as public xenophobia for the first time turned against them (having previously been fixated on the Chinese and “undesirable” Europeans). According to historians Francisco E. Balderrama and Raymond Rodríguez in their history of this program, Decade of Betrayal: Mexican Repatriation in the 1930s (University of New Mexico Press, 1995), calls to “get rid of the Mexicans” resulted in the INS’s Mexican repatriation program (1929–37), which, like today’s war on immigrants, relied heavily on warrantless mass raids and arrests—which “assumed the logistics of full-scale paramilitary operation,” according to a history of the program—with detainees routinely held incommunicado before being shipped off to Mexico. According to California’s Apology Act for the 1930s Mexican Repatriation Program, passed in 2005, about 400,000 U.S. citizens and legal Mexican residents were forcibly removed in California alone; nationwide, an estimated 2 million people of Mexican descent were forcibly relocated to Mexico.

Complaints of INS abuse were legion, and a 1932 government commission on the matter concluded: “The apprehension and examination of supposed aliens are often characterized by methods [which are] unconstitutional, tyrranic and oppressive,” as quoted in Decade of Betrayal. The program represented the INS’s entry into the national security realm. This was cemented in 1940, when the Roosevelt administration transferred the agency from the Labor Department to Justice, home of the FBI. Indeed, Roosevelt, who a year later would begin detaining and interning Japanese Americans en masse, played a key role in framing immigration and the border as a national security issue. In the context of World War II, this often centered on keeping out “enemy aliens,” and as Nevins notes, for this reason, the Border Patrol personnel was almost doubled and played a role in the war, managing enemy alien detainment camps and helping defend the east coast. Again, we see the ways in which immigrants—in this case Japanese and Mexican immigrants—provide the state with the means to circumvent laws designed to protect the people from their government.

*

As shown in the examples from U.S. history, immigrants provide the state with ample excuse to expand, especially in times of geopolitical and domestic crisis. During the post-revolutionary period, the pursuit of alleged immigrant subversives led to the massive funding of the Navy and to the expansion of state power through laws like the Alien and Seditions Acts. Similarly, the crisis following the end of World War I led to the creation of the FBI and to unprecedented government repression and expansion embodied by the Palmer raids. Viewed from a historical perspective, it is no surprise that the government should respond to the geopolitical and domestic crisis in the United States with expanded government power and bureaucracy. Rather than view the placement of ICE under DHS as solely about controlling immigrant labor or about political (and electoral) opportunism disguised as government policy (both are, in fact, part of the equation), it is important to connect the creation of ICE and its placement under DHS to the perpetual drive of government to expand its powers, especially its repressive apparatus and other mechanisms of social control.

From this perspective, the current framing of the issue of immigration as a “national security” concern—one requiring the bureaucratic shift toward “Homeland Security”—fits well within historical practices that extend government power to control not just immigrants, but those born here, most of whom don’t see immigration policy affecting them. One of the things that makes the current politico-bureaucratic moment different, however, is the fluidity and increasing precariousness of the state itself. Like other nation states, the United States suffers from strains wrought by the free hand of global corporations that have abandoned large segments of its workforce. Such a situation necessitates the institutionalization of the war on immigrants in order to get as many armed government agents into a society that may be teetering on even more serious collapse as seen in the recession and economic crisis devastating core components of the American Dream like education, health care, and home ownership.

Perhaps the most salient difference between today’s security state and those of the past is the central importance of the private sector. And unlike the previous periods, the creation of massive bureaucracies superseded the need to surveil, arrest, and deport migrants. Today, there appears to be a move to make permanent the capacity of the state to pursue, jail and deport migrants in order to sustain what we might call the migration-military-industrial complex, following Deepa Fernandes, Targeted: National Security and the Business of Immigration (Seven Stories Press, 2007). Several indicators make clear that we are well on our way to making the war on immigrants a permanent feature of a government in crisis.

Multibillion-dollar contracts for border security from DHS have created an important new market for aerospace companies like General Electric, Lockheed, and Boeing, which secured a $2.5 billion contract for the Secure Borders Initiative, a DHS program to build surveillance and other technological capabilities (see “Barricading the Border”).10 That some saw in 9/11 an opportunity to expand and grow government technological capabilities—and private sector patronage—through such contracts, can be seen in DHS’s “national laboratory for homeland security.”

Like its predecessor, the military-industrial complex, the migrant-military-industrial complex tries to integrate federal, state, and local economic interests as increasing numbers of companies bid for, and become dependent on, big contracts like the Boeing contract or the $385 million DHS contract for the construction of immigrant prisons.11 Like its military-industrial cousin, the migrant-military-industrial complex has its own web of relationships between corporations, government contracts, and elected officials. Nowhere is this connection clearer than in the case of James Sensenbrenner, the anti-immigrant godfather, who sponsored HR 4437, which criminalized immigrants and those who would help them. According to his 2005 financial disclosure statement, Sensenbrenner held $86,500 in Halliburton stocks and $563,536 in General Electric; Boeing is among the top contributors to the congressman’s PAC (Sensenbrenner also owns stocks in the Olive Garden restaurant chain, which hires undocumented workers.)12 The current war on immigrants is grounded in the need to build and maintain massive policing bureaucracies like ICE and DHS. The immigrant-rights movement must clearly understand this if it is to succeed in its strategies for the right to migrate, the right to work, and the right of migrants to share the fruits of their own labor.


Roberto Lovato is an associate editor with New America Media. A New York–based journalist, he contributes frequently to The Huffington Post and The Nation.


1. This article is a revised, updated version of “One Raid at a Time: How Immigrant Crackdowns Build the National Security State,” which appeared on publiceye.org, the website of Political Research Associates, in March.2. “Special Report: Homeland Security Appropriations for FY 2005 (House & Senate) and California Implications,” the California Institute for Federal Policy Research, September 16, 2004.

3. Alec MacGillis, “Minutemen Assail Amnesty Idea,” The Washington Post, May 13, 2006.

4. “Militarizing the Border: Bush Calls for 6,000 National Guard Troops to Deploy to U.S.-Mexican Border,” Democracy Now!, May 16, 2006.

5. David Bacon, “The Real Political Purpose of the ICE Raids,” Dollars & Sense, January/February 2007.

6. “The American Dream Survey 2006,” Lake Partners Research, August 28, 2006.

7. John Morton Smith, “President John Adams, Thomas Cooper, and Sedition: A Case Study in Suppression,” The Mississippi Valley Historical Review 42, no. 3 (December 1955): 438–65.

8. Todd J. Pfannestiel, Rethinking the Red Scare: The Lusk Committee and New York’s Crusade Against Radicalism, 1919–1923 (Routledge, 2003).

9. John A. Noakes, “Enforcing Domestic Tranquility: State Building and the Origin of the FBI,” Qualitative Sociology 18, no. 2 (June 1995): 271–86.

10. Martie Cenkci, “At Technology’s Front Line,” Air Force Outreach Program Office, Outreach Prospective 5, no. 4 (Fall–Winter 2006): 10–11.

11. Alexandra Walker, “Sensenbrenner: Immigration Profiteer,” The Real Costs of Prison weblog, October 5, 2006.

12. Roberto Lovato, “Sensenbrenner Under Fire—Does Congressman Profit From Undocumented Labor?” New America Media, October 6, 2006.

Ahorra Votamos y Manana Militamos: Direct Actions Against ICE Preview Post-Electoral Militancy

November 4, 2008

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I know we’re all growing anxious and increasingly elated at the probable outcome of today’s elections, but I just caught wind of a very important development in the Bay Area. From San Francisco, my hometown, a preview of things to come.

A warm, powerful hug and shout out to the more than 600 young people and community-based organizations who organized and participated in this weekend’s Halloween actions against the terror wrought by the Immigration and Customs Enforcement agency (ICE). As some of us have, for some time, been suggesting to the movement here and here, we will get nowhere without going on the offensive against ICE, without taking direct action against them. Young activists in San Francisco have taken a clear and hugely important step towards the more militant actions necessary to effect a change in the disastrous and devastating immigration policies; Drumming, marching and chanting “No More Raids!” students from San Francisco, Richmond, San Jose and other locations throughout the Bay Area delivered a powerful message to ICE -and to the community: we will start taking more direct and militant action to prevent the terror infliicted on families and children.

Not only will we undertake hunger strikes to stop the anti-immigrant madness; We will literally start shutting down ICE.

Activists temporarily closed the entrance into ICE offices by locking themselves down with 55-gallon drums on both ends of the ICE building’s driveway, where vans normally load and unload detainees. I can tell you that, though many, including more centrist, foundation & corporate-funded “immigrant rights” organizations and their “leaders”, will tell you that such actions are of little to no use, these more direct actions do much to communicate urgent messages to numerous sectors; Current and former ICE agents I’ve interviewed tell me that nothing throws agents off their game, nothing SCARES them like direct actions, especially those that political acts that target. Same with the politicos, including the Democrats, who need to start fearing us if we are to see any change in migration policy. Such proactive, offensive actions do much to take the psychological pressure off of our communities and put it where it belongs: on ICE; Such actions communicate to the community that it’s not just OK to be angry; it’s OK and necessary to be angry to the point of striking back at ICE in a direct and political way; Such actions make clearer the distinctions between those in the “immigrant rights community” willing to accommodate terror and those ready to fight it.

Along with ongoing fasts, vigils and other actions, these more militant actions allow us to re-take some of the integrity we lost in the perpetual psychlogical warfare inflicted on the group that’s the object of the most hate crimes according to the FBI: Latinos, especially immigrant Latinos. Given the promise of action inherent in the chants of “Ahorra Marchamos, manana votamos,” events in San Francisco, Los Angeles and other locales preview the coming militancy that will become clearer as the smoke, confetti and genuine joy inspired by the end of the elections clears. For more information check out alianzanews. Thank you, San Francisco.
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