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

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


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