Immigrant Rights News – Thursday, November 13, 2008
NOTE: If this is the first time you receive IRN and wish to continue receiving, just reply with your contact information. If this is the first time you've receive IRN, and you don't want to receive, you don't have to do anything except delete it. IRN is posted at www.nnirr.blogspot.com and sent 1-5 times per week. Thanks!
1. In These Times: The Selma of Immigration Rights
3. Houston Chronicle: Dallas County to check immigration database
5. Desmoines Register: Utility delays power cutoffs to former Agriprocessors workers
In These Times
The battle began in front of a furniture store.
Like hundreds of other street corners, the intersection at
Later that month, Maricopa County Sheriff Joe Arpaio, the self-proclaimed "toughest sheriff in
In response, civil and immigrants' rights activists began gathering every Saturday outside the store, protesting what they believe were racially and ethnically motivated crackdowns. Soon, nativist groups from across the southwestern
The circus-like scene made for good TV, and Arpaio, a media hound by most accounts, seemed egged on by the protests. In a Dec. 5 sheriff's office press release, Arpaio said, "I will not give up. All the activists must stop their protest before I stop enforcing the law in that area."
Finally, in January, after more than 67 undocumented immigrants had been arrested, the owner of Pruitt's agreed to stop hiring off-duty officers.
Arpaio, however, wasn't done.
The next few months saw several more sweeps — what Arpaio calls "crime suppressions" — in different parts of
On June 27, during a typical sweep in the town of Mesa — also in Maricopa County — only 28 of 72 people arrested were undocumented immigrants, according to the sheriff's office.
An April raid in the dusty town of
The two-day sweep netted 47 arrests, including nine undocumented people. And like the other pre-announced operations, the action brought hundreds of protesters into the streets.
The increased police presence has also scared residents from leaving their homes. Santino Bernasconi, a pastor at Our Lady of Guadalupe Catholic Church, says that some women were afraid to bring their children to confirmation ceremonies. His parish's mental health agency, Centro de Amistad, has seen a rise in anxiety disorders in children — fearful for themselves or, if they were born in the
"I don't compare it in terms of what the Jews went through in Nazi Germany," says Bernasconi. "But a lot of our people are beginning to feel that syndrome like Anne Frank, of 'Who knows when the next knock on the door is the sheriff to cart off everybody?' "
Meanwhile, he adds, real crime in Guadalupe has gone unaddressed.
"[Arpaio's] got time to be stopping people because you got a broken headlight," Bernasconi says, "but he doesn't have time to provide the services that are much more serious. … And when we call them they don't show up."
During the sweeps, Guadalupe Mayor Rebecca Jimenez told Arpaio that she believed the arrests were instances of racial profiling and that she would begin looking into getting out of the contract with the MCSO and find another source for the town's law enforcement needs.
At first, Arpaio refused to back down, announcing in an April 4 press release that, "Even if they do [cancel the contract], the Sheriff still has jurisdiction here and I will still enforce the illegal immigration laws in that town."
However, in September, he decided to cancel the contract with Guadalupe himself. The sudden move resulted in lawsuits that accuse him of retaliating against Jimenez's free speech.
This stark divide now defines
"Sheriff Joe" first gained fame after he created a tent-city prison in 1993 to prove that he could always find room for criminals, rather than release them early because of a lack of space.
In 110-degree heat, prisoners wear county-issued pink underwear, are allowed only a handful of educational TV channels, and are denied access to coffee, cigarettes, salt and pepper, and other vices that cost taxpayer money.
In 1995, Arpaio started a male chain gang, and an all-female chain gang soon followed. Sheriff Joe's prison philosophy — "If you don't like it, don't come back" — made him a hero with the tough-on-crime crowd.
When Arpaio decided to make immigrants his new target in 2005, he adopted some of the more extreme views of the anti-immigrant movement. Press releases from the Maricopa County Sheriff's Office refer to people smuggled into the country as "co-conspirators." It's a charge the office has levied on undocumented immigrants since 2005, when
The MCSO has arrested more than 1,000 people under the law, which allows for Class 4 (two and a half years in prison for the first offense) felony charges to be filed against both the coyote — who smuggles people in — and those who are being transported.
In 2006, Arpaio had 160 of his deputies trained by ICE. The training, conducted under a federal agreement called 287-G, allowed deputies to arrest anyone they think is illegal and then refer them to ICE. If the deputy who pulls over a suspect isn't trained under 287-G, he or she can call for backup, so that a qualified officer comes to the scene.
Chief among Arpaio's enemies is Phoenix Mayor Phil Gordon, who wrote the FBI and Justice Department in April, asking them to investigate the sheriff for racial profiling and other civil rights abuses. (Arpaio told In These Times that the letter was "garbage.")
In response, anti-immigrant forces launched an effort in May to recall Gordon, but they failed to collect enough signatures to make the November ballot.
Gordon says Arpaio's consistent re-election over the past 16 years and high approval ratings are irrelevant.
"Whether the majority of the people support that individual is not the question with respect to whether the actions are legal," Gordon says. "The sheriff shouldn't be measuring what he's doing on the basis of polls."
Gordon says that a third of his community is Latino, and "if [the people are so] terrorized, legal or not legal, that they are afraid to come out and testify because the sheriff is going to arrest them, it is counterproductive to the safety of this community."
Magdalena Schwartz, assistant pastor at Iglesia Communidad de Vida church in
Worst of all was the girl who called the police to report that her boyfriend was abusing her. The police arrested her undocumented boyfriend — and also the girl.
"They asked [her] for ID, and she showed a Mexican ID, and they immediately said 'You are illegal here. OK, let's go,' " Schwartz recalls. "So what kind of confidence [can] we have now to call the police or the sheriff to report a crime?"
Compounding the sheriff's sweeps is that the MCSO hasn't collected any data about the detained. Sheriff's office spokesman Paul Chagalla told In These Times that the department doesn't keep data on the ethnicity of arrestees.
It wasn't until the fifth "crime suppression operation" that the MCSO began compiling arrest logs from each operation — a move that came only after repeated demands for information by the press and the public. That lack of hard numbers presents obstacles for legal tactics like a class-action lawsuit filed in July by the ACLU, Mexican American Legal Defense and Education Fund, and others that charges the MCSO with racial profiling.
"We have to be really smart about collecting the data that we need in order to put a stop to this," says Lydia Guzman, who founded Respect/Respeto — an organization with a 24-hour hotline for immigrants. Since its founding in January, Guzman's group has been receiving up to 50 calls per day.
Rick Romero, the chief organizer of the Citizens Walk for Human Dignity, a weeklong protest march from
"I learned because I've been pulled over so many times for various reasons that the only thing that really settles the argument is if you have a Social Security card," says Romero, who was born and raised in
Many who joined Romero on the 120-mile journey focused their daily press conference comments on Operation Endgame, a 2003 ICE directive to "remove all removable aliens" from the United States by 2012. Some fear the major ICE raids this past summer in
One of Endgame's written objectives, according to documents obtained by the Massachusetts ACLU, is to "enhance partnerships with local law enforcement agencies to develop, implement, and maintain an integrated system to share information, intelligence and resources, and to coordinate enforcement actions."
Cooperation between the MCSO and ICE certainly meets this objective, and many Arizonans believe their home state is a test case for whether the removal strategy can work on a national level.
Anti-immigrant fervor in
"That opened the floodgates to more anti-immigrant rhetoric by legislators, because they saw the overwhelming support that it had by voters," says Guzman. "So by the 2006 election, all of the candidates [who] were running … had something to say about immigration because it was a popular thing."
That same election also saw a flurry of ballot initiatives targeting the Spanish-speaking population:
• An amendment to the state constitution making English the official state language. (In 2000, voters had already made English the only language that could be taught in
• A law that denied awarding punitive damages in civil court cases to persons who are in the
• Another law that denied bail to undocumented immigrants who are charged with serious felonies.
• And last but not least, Proposition 300, which denied all "state and local benefits" to those who could not provide proof of citizenship, including college scholarships and financial aid.
State Rep. Kyrsten Sinema has been battling the anti-immigrant forces since she was elected in 2004.
"Many members of the legislature are placed in a very precarious position," Sinema says. "They personally don't agree with these pieces of legislation, but are facing a lot of intense pressure from fringe elements of their political party."
She estimates that about 25 percent of the people who enter the
"If the federal government refuses to act … what you're seeing in
Arpaio rejects all charges of racial profiling or scare tactics.
"The only people that should be fearing to go out are those that have violated the law … and that includes illegal immigrants," he says.
While prisons and chain gangs made Arpaio famous, so far no evidence exists that the measures have prevented crime. In fact, a 1998 study by Arizona State University Criminal Justice professor Marie L. Griffin — and commissioned by Arpaio himself — found no difference in the recidivism rate or the attitude of inmates who served time after Arpaio's new prison policies were implemented. Crime rates haven't decreased, and the prison population itself has continued to grow in correlation with the national average.
Meanwhile, the financial impact of Arpaio's policies has begun to draw fire, as well. A December 2007 investigation by the Phoenix New Times, a weekly paper, found that from 2004 until 2007, the Maricopa County Sheriff's Office has more than 50 times as many lawsuits filed against it than sheriffs' agencies in
Losses in court, legal fees and out-of-court settlements (mostly for the mistreatment or neglect of prisoners) have cost county taxpayers more than $41 million since Arpaio took office in 1993. What's more, the deductible for the county's insurance policy that covers lawsuits against the sheriff has risen from $1 million to $5 million over the past decade.
At the same time, the number of undocumented immigrants in
"They're leaving," says Bernasconi, who had trouble finding subcontractors to finish building his daughter's house in Guadalupe earlier this year. "They don't have the people for laying the tile, putting in the carpets, putting in the cabinets. … They are going to other states or they are returning to
Annie Loyd, an independent candidate for a local congressional seat, points out that Arpaio's sweeps are the second recent hit to local business. The first came in January, when a new state law came into effect, fining employers for hiring undocumented workers, and eventually shutting down those businesses.
"Our employer sanctions law created an un-level playing field for us as a state in comparison to other states," Loyd says. "Immigration is a federal issue and needs to be resolved at a federal level … because it is supposed to be applied equally, across-the-board, throughout the country."
In the end, it may be the business community that determines if the Maricopa crackdown will continue unabated.
"I consider myself a conservative voter," says Bob Sitesburg, the owner of Golden Sky Construction in
But the system is widely criticized by government officials and business owners, for its 4.1 percent error rates, and for the fact that participating in E-verify doesn't protect a business that is caught employing illegal immigrants, even if those workers were cleared by the system. It's just the latest burden for
Local businesses in
Nathan Newman, policy director for the Progressive States Network, who authored a September report titled "The Anti-Immigrant Movement That Failed," says workplace sanctions, in particular, have raised bipartisan opposition.
"It's probably the only [issue] I could see," he says, "where you end up with the chamber of commerce, the head of labor unions, religious groups and human rights groups, all so unanimous in saying 'This is the wrong approach.' "
Newman's study found that the majority of states haven't jumped on the anti-immigrant bandwagon. And because of business concerns, he doesn't believe they will.
"It's not like these waves of anti-immigrant legislation are new things in American history," Newman says. "This comes in waves, and states have gone through this sort of hysteria in the past.
"Law enforcement [in
She adds: "I would hate to see
SD County part of new federal database program
The Associated Press
Published Tuesday, Nov. 11, 2008
The "Secure Communities" program allows officials access to both federal criminal and immigration records when they take suspects' fingerprints during the booking process, U.S. Immigration and Customs Enforcement said.
It will be implemented Wednesday in
David Venturella, an ICE director involved in the program, said the goal is to identify criminals for deportation. He said local authorities will notify ICE if fingerprints match those of a non-U.S. citizen, but federal agents would decide whether someone is deportable.
The program gives local authorities access to the FBI's criminal database and the Department of Homeland Security's database, which contains immigration information.
Congress has provided ICE with $350 million for the program but additional money would be needed, said Julie Myers, assistant secretary of homeland security.
"I think this is one of the programs that has the most potential to really revolutionize law enforcement in terms of identifying criminal aliens," Myers said.
Immigration advocates were already lining up against the program. Pedro Rios of the American Friends Service Committee, which assists immigrants in
"It is quite distressing because it creates a larger dragnet for people who might be charged with some sort of minor infraction that places them in jail," Rios told the Union-Tribune in
Immigration advocates see a potential for problems in letting local law enforcement access records on immigration, in which violations are considered civil and not criminal, said Ali Noorani, executive director of the National Immigration Forum. Noorani also worries about what could happen if inaccurate or outdated information is in the database.
"If we're relying on bad data to enforce the law, people are going to be swept up who are not criminals," he said.
By ANABELLE GARAY Associated Press Writer © 2008 The Associated Press
Nov. 11, 2008, 7:08PM
The "Secure Communities" program will expand to more than 50 jails around the country by spring, allowing officials access to both federal criminal and immigration records when they take suspects' fingerprints during the booking process, U.S. Immigration and Customs Enforcement said.
When fingerprints match those of a non-U.S. citizen, ICE's
"I think this is one of the programs that has the most potential to really revolutionize law enforcement in terms of identifying criminal aliens," Julie Myers, assistant secretary of homeland security, told The Associated Press.
While the program targets jailed immigrants, ICE is focusing on those who have committed serious crimes, Myers said.
"It keeps some of the most violent aliens ... off the streets and ensures ICE identifies them and sends them home," she said.
In cases involving people who committed less serious offenses, ICE would consider its staffing levels and resources in deciding how to proceed, Myers said.
"There may be cases where we don't have the staff or have to respond later on," she said.
Not everyone whose information is found in the immigration database is an illegal immigrant. The database includes information on non-U.S. citizens who are legally in the country. Those who have not had contact with a DHS agency might not be included in the database, so additional investigation would be necessary in such cases to determine where the person is from and if they have permission to be in the
Some see a potential for problems in letting local law enforcement access records on immigration, in which violations are considered civil and not criminal, said Ali Noorani, executive director of the National Immigration Forum. Noorani also worries about what could happen if inaccurate or outdated information is in the database.
"If we're relying on bad data to enforce the law, people are going to be swept up who are not criminals," he said.
The Harris County Sheriff's Office in
Congress has provided ICE with $350 million for the program but additional money would be needed in the future to keep "Secure Communities" going, Myers said.
Critics cry foul over DPS license checkpoint plan
Some lawmakers say stops would unfairly target illegal immigrants
By JAMES PINKERTON and SUSAN CARROLL
Copyright 2008 Houston Chronicle
Nov. 12, 2008, 7:04AM
The state agency that imposed new rules barring illegal immigrants from obtaining driver's licenses is requesting authority to set up statewide driver's license checkpoints, part of what several lawmakers suspect is a plan to crack down on illegal immigrants.
A number of state legislators argue the Department of Public Safety Commission overstepped its authority Aug. 25 by issuing new rules requiring applicants to prove they are here legally before they can obtain or renew a
Staffed by state troopers or local police, the checkpoints would stop drivers to review their licenses, vehicle registrations and proof of insurance.
State Rep. Ruth Jones McClendon, D-San Antonio, believes the two commission actions are taking aim at policing immigration.
''A state agency is making immigration policy for the state of
State Sen. Leticia Van de Putte, D-San Antonio, said when commission chairman Allan B. Polunsky asked Abbott's office about authorizing checkpoints, she figured the target was drunken drivers.
''But when I saw the driver's license regulations, I said, 'Maybe they're not after
She and 14 other
Polunsky did not return calls for comment.
Gov. Rick Perry favors the checkpoints, said spokeswoman Allison Castle. ''Police officers and law enforcement believe this is an important technique in protecting the public, and to that end, the governor supports providing our law enforcement officers with the tools they need to ensure public safety," Castle said.
DPS spokeswoman Tela Mange said license requirements were tightened for security reasons, changes other states have made since the Sept. 11 terrorist attacks.
''We are not enforcing the federal immigration laws," Mange said. "We are ensuring that applicants for
State Rep. Debbie Riddle, R-Tomball, called checkpoints a ''tremendous asset" that could cut down on drunken driving, car theft and motorists whose licenses have been revoked.
''For the people who want to erase our borders, for people who don't care if our laws are broken, and for people who are driving illegally, and for those who think that's fine, yes, this could be a problem," Riddle said.
Random traffic stops illegal
Checkpoints have not been allowed in
In 1979, the U.S. Supreme Court ruled that random traffic stops to check driver's licenses, where officers did not have reasonable suspicion, were unconstitutional.
However, the ruling does not prevent state ''spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion," the justices wrote. ''Questioning of all oncoming traffic at roadblock-type stops is one possible alternative."
DPS Capt. Jerome Powell, who supervises driver's license offices in
''They have to survive and go to work," Powell said.
No official tally exists of how many of
DPS officials say nearly 3 million noncitizens are among the approximately 20 million
One indicator of the undocumented component of
Concerns about profiling
Activists worry that the new immigrant driver's licenses, along with checkpoints, are a recipe for profiling immigrants.
''Our number one concern is the potential for profiling since it puts the immigration identifier on the license," said Luis Figueroa, legislative staff attorney with the Mexican-American Legal Defense and Educational Fund. "It leads to potential profiling, whether it's a police officer who is going to scrutinize someone closer, or a landlord who may not want to rent out a property."
One person who could get caught in the checkpoints is Susanne Dennis, a 40-year-old legal immigrant from
In 2005, she came to the
Then Michael was transferred to
On Oct. 29, Susanne tried to apply for a
Susanne had been granted a one-year extension so she could work in the
Susanne, who works in Montrose, now drives into the city each morning fearful of being stopped by police. She feels lucky to still have a valid
She's upset that she can't comply with
''What if a state trooper pulls me over?" Susanne said. ''What do I show him?"
November 12, 2008
Utility delays power cutoffs to former Agriprocessors workers
By TONY LEYS
Alliant Energy has agreed to delay cutting off power to former Agriprocessors workers, who feared they would lose heat in their Postville homes.
Many of the workers are in financial straits because they lost jobs at the meatpacking plant. The company declared bankruptcy last week, and it is struggling to maintain production. Its owner and several managers face criminal charges and fines in the wake of a large immigration raid there last May.
Many recent workers were newcomers, including scores from the island nation of
A few who lived in a building served by the local electric cooperative lost power, Abbas said. Volunteers helped them find warm places to stay.
Alliant Energy provides power and gas to most of Postville. Company spokesman Ryan Stensland said state regulators asked the company not to cut any Postville customers off for at least a week. The company granted the request.
"We're trying not to pile on," Stensland said. "We understand that people are out of work up there." He said 330 Postville customers were behind in paying their power bills.
Larry Reed, general manager of the Allamakee-Clayton Electric Cooperative, said his company shut off power last week to a few apartments in a building owned by local landlord Gabay Menahem. He said no other cutoffs were planned.
Menahem, whose GAL Investments owns many of the workers' houses, said he was trying to help them keep utility service. He said the tenants' leases say utilities are their responsibility.
Menahem said some of the bills are in his company's name but were supposed to be switched to the tenants' names. If tenants make the switch, he said, they should be all right, because state law says utilities can't be shut off to individuals after Nov. 1 in any year.
Joanne Obak, one of the Palauans, said the utilities mess is just the latest of the troubles her countrymen have faced in Postville. She said recruiters made false promises about coverage of housing, airfare and other costs. She said almost 200 Palauans were in town a few weeks ago; about 25 are left. The rest returned to
Obak said she and about 13 others were considering jobs at a
<><><> the end / el fin / tamat <><><>