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Showing posts with label Criticism of ICE Raids. Show all posts
Showing posts with label Criticism of ICE Raids. Show all posts

Friday, October 14, 2011

Deportation laws group criminals with innocent

BY ERIN HARTWIG
Northwest Missourian
October 12, 2011

The U.S.-Mexico border is not as out of control as the press sometimes makes it seem, writes Janet Napolitano, Secretary of the Department of Homeland Security in a press release issued Oct. 5. For the last two and a half years, there has been a huge decline in the number if illegal immigrants crossing the border and dramatic increases in seizures.

In 2010, the Immigration and Customs Enforcement deported more than 195,000 convicted criminals, 81,000 more than in 2008.

Congress doesn't have a clear-cut set of rules and regulations regarding border patrol and the reform of immigration laws. The states themselves have had to create their own patchwork of laws to help secure our border with Mexico.

Napolitano aims to change this. If Congress and the states work together, it will be easier to prevent illegal immigrants from crossing the border.

Before Obama came into office, the immigration enforcement policies were such that as many resources were spent on arresting and deporting college students as much as convicted criminals. ICE conducted worksite raids and didn't consistently punish the employer, or target those people who posed a threat to public safety.

There needs to be a priority system to judge whether or not an illegal immigrant should be deported. America needs to deport more of the illegal aliens that have been convicted of crimes. Some of the people who cross the border from Mexico come here specifically to commit crimes against U.S. citizens; some come for a better life for their children and for opportunities that aren't available in their home countries. The people who were born to illegal immigrant parents or came here as children deserve some sort of immunity to deportation. Many of children of illegal immigrants don't even know they shouldn't be here. Yes, they are part of American's immigration problem, but they aren't a public threat.

There needs to be some sort of legislation in place that requires background checks on illegal immigrants. If someone has been convicted of a crime and they came to America illegally, they get deported. However, if the background check reveals no criminal history, they should be put through a system that would enable their legal residency in America.

Our country is unique and has been built on the backs of immigrants; this is how it should stay. However, all our country's immigrants should be legal.

http://www.nwmissourinews.com/opinion/article_3cc8a704-f52c-11e0-b2bb-001a4bcf6878.html

Tuesday, October 11, 2011

Hispanics sue feds over raid; Lawyer says agents target old addresses

By Brandon Gee
The Tennessean
Oct. 10, 2011

Four Nashville residents say federal agents illegally entered their apartment while looking for a fugitive at the complex.

Their attorney says the raid represents a pattern of how Immigration and Customs Enforcement agents in Nashville operate. They go to an old address where the target of the raid no longer lives but go ahead and arrest whoever happens to be living there now.

“This is not the only time this has happened,” said immigration attorney Elliott Ozment, who has filed numerous lawsuits on behalf of local Hispanic residents who claimed they were mistreated by federal and local authorities. “They get an old address, they go to that old address looking for somebody who hasn’t been there in years and arrest others incidentally. That’s the way they operate.”

Ozment filed a federal civil rights lawsuit in response to the first of two controversial raids that police and immigration authorities conducted at a South Nashville apartment complex last year.

He filed the lawsuit on behalf of four former residents of the Clairmont apartment complex. Pablo Cahuec-Castro, Myra Leticia Juarez, Ottoniel Perez-Piox and Maria del Rosario Osorio say Immigration and Customs Enforcement officials illegally entered their home on Oct. 1, 2010 — with the assistance of the complex’s maintenance supervisor — and subjected them to unreasonable searches and unlawful seizures.

The Oct. 1 arrests were followed by a much larger ICE operation on Oct. 20, 2010, that included the Metro Nashville Police Department and resulted in 20 federal arrests. The Tennessee Immigrant Rights Coalition and the American Civil Liberties Union called a news conference after the second raid and claimed dozens of residents had their rights violated by ICE agents who broke into homes without consent and dragged people out at gunpoint in front of children.

Ozment claims his clients were treated similarly on Oct. 1.

According to the lawsuit, ICE agents threatened to break down their door and “drag every one of you out one by one” if they weren’t allowed into the apartment. The lawsuit states that the agents did not have a warrant but that Cahuec-Castro eventually let the agents in out of fear.

Fugitive not found

The agents were looking for a fugitive whom they did not find in the apartment. Cahuec-Castro and Perez-Piox were arrested after questioning and after agents found an entry matching the fugitive’s name in Cahuec-Castro’s cellphone contacts.

“Defendants violated Plaintiffs clearly established constitutional rights by arresting them after an illegal entry into their residence, unlawful and involuntary custodial interrogation, unlawful search and seizure of … Cahuec-Castro’s cellular phone, and an unlawful search of plaintiffs’ home,” the lawsuit states.

Ozment said Cahuec-Castro is now fighting deportation in immigration court and Perez-Piox has returned to Guatemala.

The lawsuit seeks compensatory damages for physical and mental pain and suffering, loss of enjoyment of life, and medical and psychological expenses, as well as punitive damages.

ICE would not comment on the lawsuit.

“ICE is precluded from commenting on pending litigation,” New Orleans-based spokesman Temple Black said. “We routinely report matters of public record when they are releasable.”

In addition to the ICE agents, the lawsuit names the Clairmont’s owner, manager and former maintenance supervisor as defendants. The complex is managed by South Carolina-based Greystar Real Estate Partners. Messages left with Greystar and Atlanta-based TriTex Real Estate Partners, which owns the complex, were not returned. The maintenance supervisor, Scott Jarvis, no longer works at the complex.

According to a Metro police news release, staff at the apartments reported a strong gang presence at the Clairmont and said employees had been threatened after the Oct. 1 arrests of Cahuec-Castro and Perez-Piox. The police gang unit said members of the MS-13 and SUR-13 gangs lived in the complex and were suspected of preying on undocumented workers there who were hesitant to report robberies and other crimes because of their immigration status, according to the release.

Police began monitoring the complex and targeting suspects after receiving the apartment managers’ complaints and ultimately conducted the raid with ICE on Oct. 20. While residents claimed they were terrorized, the news release states that officers merely conducted “knock and talks,” meaning they knocked on doors and spoke with those who answered while looking for suspects or criminal activity at the same time.

Some of the 20 people arrested that day were placed into deportation proceedings while others were released. No criminal charges were pursued. Employees at the complex said conditions have improved since the sweeps, but Ozment said the long-term impact has been harmful.

“They are full of fear, the Hispanic community, very fearful,” he said. “Now, at least, they don’t open their doors when people knock.”

http://www.tennessean.com/article/20111010/NEWS03/310100030/Hispanics-sue-feds-over-raid

Thursday, September 29, 2011

Insecure Communities: An ICE dragnet in Bedford County targeting Latinos wasn't subtle — which may have been the point

By Jonathan Meador
Nashville Scene
September 29, 2011

In The Godfather, hotheaded Sonny Corleone refers to war with a rival crime family as "going to the mattresses." It's not often that a quote from a mob movie applies so literally to federal anti-immigration activities, but maybe that's just how Immigration and Customs Enforcement rolls.

A recent spate of federal patrols in nearby Bedford County shocked and awed the immigrant community into meek subjugation two weeks ago as agents of ICE's fugitive operations unit made their presence known at multiple Latino-frequented businesses. Among these was Corsicana Bedding Inc., a mattress supply store, where ICE personnel allegedly scared the daylights out of the store's manager and employees during normal hours of operation.

Witnesses and media reports describe the spectacle of government vans and SUVs, windows tinted and teeming with federales, storming local homes, businesses, and area Lowe's and Walmart department stores. Reportedly they were searching for four Latinos accused of violating probation related to their immigration status.

The high-octane dragnet was cast over a sustained three-day period beginning in the early hours of Sept. 17 — one week after a consortium of local immigrants-rights groups held a hearing detailing racial profiling of Latinos by the Bedford County authorities. It ultimately succeeded in apprehending three of its targets, albeit with a cool-headed subtlety worthy of Sonny himself.

But members of the activist community are left wondering if ICE's cowboy behavior — a marked break from its mass Bush-era factory raids — is either retaliation for the Sept. 12 hearing, mere coincidence, or some combination of the two.

"That's definitely the conclusion one can draw from the situation," says Bill Geissler, a member of Latinos Unidos de Shelbyville (LUS), one of the hearing's organizers. "Of course, [ICE] denies it. But honestly, even if this was coincidental, it was, at the very least, utterly inefficient. All of that bluster to arrest three people who violated their probation? Clearly, they wanted their presence felt, to be seen, and it worked. This is a small town, and people are terrified."

Maybe for good reason. According to a report released at the hearing, "The Forgotten Constitution," Shelbyville Latinos are already hounded by local law-enforcement agencies more than any other ethnic group, based on research conducted and compiled by several area organizations, including LUS, Statewide Organizing for Community eMpowerment (SOCM) and the Tennessee Immigrant and Refugee Rights Coalition (TIRRC), among others.

According to the report, out of 74 reported arrests for traffic violations in the first quarter of 2011, 26 were Latinos. And even though Latinos comprise 20 percent of Bedford's 45,000 inhabitants, "approximately 39 percent of arrests for driving license violations were arrests of Latinos."

The report also criticizes the Bedford County Sheriff's Department — who declined to comment for this story — as "a zealous participant" in DHS' Secure Communities program, a full-fledged bureaucratic deportation machine created under Bush II and injected with steroids by Obama. What's more, it lambasts the department's mishandling of the so-called "Tennessee Jailer Bill," a state law that permits local authorities to detain suspected illegal immigrants on ICE's behalf for up to 48 hours.

"As a result," the report finds, "immigrants have languished in Bedford County jail for days and weeks longer than non-immigrants, without access to legal council, even when their only crime was driving without a license. Many are ultimately removed by ICE, even though the Bedford County jail had detained them illegally. Only after systematic advocacy and legal education by community members have officers begun to allow immigrants to post bond."

Although the Bedford County Sheriff's Department did not respond to repeated requests for comment, Capt. Tony Bennett recently told the Associated Press, "We're doing exactly what the immigration department has asked us to do."

Geissler, who often visits Bedford County's jail on behalf of incarcerated Latinos, finds Bennett's comment amusing, if not troubling.

"I don't know why he says those things," says Geissler, laughing.

Nevertheless, ICE spokesman Temple Black issued a statement to dismisses claims of federal retaliation as "without merit."

"ICE did not attend the [hearing], track participants or target supporters," Black says. "Rather, wholly apart and distinct from the meeting, ICE identified and arrested three convicted criminals who were living at large within the community. These arrests are in line with ICE's focus on convicted criminals and public safety threats, recent border violators, and those who game the immigration system."

Despite such assurances, the disconnect between ICE's public statements, its internal machinations and its public performance is pronounced enough to warrant sufficient skepticism.

A March 27, 2010, Washington Post article revealed that internal documents circulated among ICE's field offices sharply contrasted with the official line espoused by ICE chief John Morton. As Morton and the Obama administration sought to decrease the number of deportations nationwide, local ICE units adopted a different policy, setting quotas for detention and deportation.

And for the second time in less than a year, the 7,000-strong ICE agent's union unanimously passed a no-confidence in Morton, whom they criticized for a June 2011 memo that binds the tactics of the agency with something resembling the rule of law.

Officials within the Department of Justice and the Department of Homeland Security who attended the Shelbyville hearing could not be reached for comment on this story, leaving the seemingly schizophrenic relationship between ICE's rhetoric and ICE's deeds — as well as federal opinion on Bedford County's apparent proclivity for profiling — up for debate.

But the chilling effect that ICE's actions have had on Shelbyville residents is hard to deny.

"The underlying impression that I have, and this is just my personal opinion, is that there is a lot of fear in the community regardless of your document status," says Noel Johnson, president of SOCM and an eighth-generation Bedford County resident. "People are feeling unwanted. They feel that no matter what they do, there is a risk they will be pulled over, so they're driving less, which makes it more difficult for them to get access to health care, to food, to basic services. I certainly don't have any facts or figures to report, but that to me definitely seems to be the case."

http://www.nashvillescene.com/nashville/an-ice-dragnet-in-bedford-county-targeting-latinos-wasnt-subtle-andmdash-which-may-have-been-the-point/Content?oid=2640581

Sunday, September 18, 2011

Families, Hispanic leaders upset by raids

By Hillary Gavan
beloitdailynews.com
September 16, 2011

After Tuesday's roundup of immigrants allegedly tied to crime and gang activity, some members and representatives of the Hispanic community say they are distrustful of law enforcement now and feel reluctant to report crimes or act as witnesses.

Some said the Beloit Police Department should leave immigration enforcement to Homeland Security.

Police said seven people were taken into administrative custody Tuesday during a Beloit roundup of immigrants by federal officials. The federal officials say those taken into custody are tied to crime and gangs. The operation was conducted by federal Homeland Security agents with the help of Beloit police.

During the roundup, Beloit police knocked on the doors where suspects might be living. Capt. Vince Sciame stressed that they were face-to-face meetings and included use of a Spanish speaking officer. He said the roundup was peaceful and simply involved talking to various families. Those the police were targeting were arrested, handcuffed and then processed by Homeland Security investigators.

Sara Dady, an immigration attorney with Dady and Hoffmann in Rockford, said local police shouldn't get involved with civil law enforcement. The Homeland Security officers refused to identify themselves when they came to homes and workplaces, she said.

She added that the seven administrative arrests will cause the Beloit Hispanic population to be distrustful and reluctant to contact police regarding crime.

"There's little information about how truly dangerous these people are. Some of these people they were running with the wrong crowd and had a minor disorderly conduct charge, but have since turned their lives around," Dady said.

Dady said lawful permanent residents were also subject to being removed if they had only minor convictions.

"I'm not sure that this operation is the best use of local resources," she said. "The Beloit Police Department should not be involved. The local police department has its own responsibility to keep community safe. Participating with customs and immigration undermines that ability."

Pastor Neddy Astudillo said the raids were deceptive and police weren't honest about what they were doing when they approached local Hispanic families. Police said they just wanted to talk, and accompanying Homeland Security officers weren't dressed in uniform or properly identified.

Kitzia Colin and her mother Veronica Colin explained what happened to their family during the roundup. The mother and daughter said police came looking for brother and son Nestali Colin, 21. According to the Colins, police assured the family they only wanted to talk to Nestali. The family called him at work at a Fontana hotel and ordered him home to speak with police. They said police assured them that Nestali would be able to return to work after speaking to police. After the conversation, Nestali was immediately taken into custody.

The Colins are upset that they have not been able to speak with Nestali and cannot get any information about his status. He is being held in detention in Dodge County. The family said he only had one legal problem with a fight but had already been to court to address the issue.

"We are not sure about his connection to a gang but he told my parents that he didn't have problems with gangs," Kitzia Colin said. "We are not able to speak to him or anything. My mom's pregnant and it scared her. Police weren't clear about what they were doing."

Nancy Marquez said there was also an arrest in her family of a young man. She said her family was eager to cooperate with police and thought they were going to help police with fighting crime. After taking a shower the young man immediately went down to talk with police. Instead of reporting the crime, the young man was immediately taken into custody and felt tricked by police, the family said.

Dady stressed that deportation isn't as simple as shipping an immigrant back to Mexico. The suspects may spend up to two years in legal proceedings and may eventually return home.

Astudillo acknowledged that police did contact her about the upcoming roundup and encouraged the support of families impacted by the raids. However she said she's still concerned that the roundup bordered on harassment of innocent Hispanics.

"When local police enforcement cooperates with immigration officials there is a deterioration of trust between immigrant community and police. We need to be able to trust the police, if we are going to have a real safe community. People need to know when the immigrant community becomes fearful, it won't report crime," she said. "We need to evaluate how positive this approach is. We lose the population's trust for capturing 7 people who may or may not be a threat. It's not just about gang members. The wave goes farther."

Astudillo said the challenge for Hispanic leaders is getting information to the immigrant community. Many law abiding members are avoiding public places and are scared to even drive their children to school. Without a Spanish newspaper or radio station in Beloit, it's hard to communicate what is going on as part of the roundup activities.

Capt. Vince Sciame stressed that the people taken into custody had some sort of criminal history or gang affiliation.

"Beloit police will continue to work with Homeland Security. We feel obligated to assist federal agencies and are obligated by law to offer mutual aid. For us to deny that would be professional suicide. We are here in a supportive role to the point," he said.

Sciame said police will be happy to speak to any residents about their concerns regarding the roundup, and added that the average law abiding Hispanic living in Beloit has nothing to fear.

http://www.beloitdailynews.com/news/local_news/families-hispanic-leaders-upset-by-raids/article_4b7fe55c-e08a-11e0-b3c9-001cc4c002e0.html

Friday, August 12, 2011

Families File Federal Lawsuit in 2008 Immigration Raid

Casa de Maryland is working with two local families who said they were abused during the raid that targeted Annapolis Painting Services.
By John Wilfong
Great Annapolis Patch
August 9, 2011

Casa de Maryland worked with two families involved in a 2008 immigration raid to file a federal lawsuit this week against U.S. Immigration and Customs Enforcement (ICE).

The immigrant advocacy group said ICE officials, along with several Anne Arundel County Police officers, committed “blatant and egregious violations of the rights” of two families during the raid that targeted Annapolis Painting Services.

The lawsuit was filed this week in U.S. District Court in Baltimore. According to a story in The Capital, the families are seeking $2.5 million in damages. The lawsuit also asks that ICE change the manner in which it carries out its enforcement operations.

The families involved claimed the raid on June 30, 2008 that involved their homes and 15 others in the area revealed a “widespread pattern of abusive and illegal actions by ICE officers during home raids,” according to a release.

According to a release from Casa de Maryland, the families’ chief complaints are:

  • Awakening residents in the pre-dawn hours by pounding and shouting at the doors to their homes and even their bedrooms.
  • Entering victims’ homes, armed—without consent, exigent circumstances, probable cause, or a valid warrant—all as part of an operation targeting individuals other than the victims.
  • Grabbing, jostling, and pushing residents of the homes, who were dressed only in whatever minimal clothing they happened to be sleeping in, while detaining and searching them in their own homes.
  • Making victims answer questions and sign papers in a language they don’t understand.
  • Threatening, bullying, and separating individuals from their family members.
  • Handcuffing, shackling, and detaining victims for weeks in appalling conditions without telling them that they can speak with an attorney.
“The forceful and intimidating manner in which federal officers violated the rights and shattered the privacy of the victims of the June 30, 2008, raids have caused them significant and lasting harm,” Casa de Maryland officials said in the release.

The ICE Baltimore Office could not be reached for comment. Questions seeking comment to the Anne Arundel County Police Department were redirected to the county Office of Law, which couldn't be reached Tuesday afternoon.

http://greaterannapolis.patch.com/articles/families-file-federal-lawsuit-in-2008-immigration-raid


Wednesday, August 3, 2011

Family Claims They Were 'Terrorized' By Federal Agents

KTLA News
August 1, 2011

NORCO, Calif. (KTLA) -- A family claims they were beaten by federal agents during a 'botched' drug raid and now, they're fighting for their rights to stay in the U.S.

On July 19, agents with the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSE) went to Carmen Bonilla's residence on Corona Avenue in Norco, armed with a search warrant related to a drug-trafficking investigation.

Carmen Bonilla and seven other relatives, including a two-year-old and a 17-year-old were at the house when the agents showed up.

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Bonilla claims they were terrorized by the agents who allegedly forced them to lay face down on the ground with guns pointed at their heads.

In addition, the family says they were beaten, kicked, scratched and yelled at by the agents.

ICE has not confirmed or denied the discovery of any drugs, but the family says no drugs were found.

During the incident, agents learned that eight of the home's occupants were in the country illegally and now they're fighting deportation.

The Coalition for Humane Immigration Rights of Los Angeles has since stepped in to help.

The family now has an immigration lawyer -- Jessica Dominguez -- who will be representing them in court on Tuesday to fight deportation charges.

The allegations made against the agents are being investigated by ICE's Office of Professional Responsibility.

http://www.ktla.com/news/landing/ktla-drug-raid-deportation,0,6097566.story

Friday, July 1, 2011

Strawberry Days ICE raid under fire in petition

Immigration rights group leads effort to prevent feds from making raids at festivals and public events

By Scott Condon
The Aspen Times
June, 29 2011

A Colorado immigration rights group and Latinos in the lower Roaring Fork Valley circulated a petition Tuesday and Wednesday that “condemns” U.S. Customs and Immigration Enforcement (ICE) and the Garfield County Sheriff's Office for an operation June 18 at Strawberry Days in Glenwood Springs.

The Colorado Immigration Rights Coalition (CIRC) said the petition was signed by organizers of numerous events, including Mountain Fair in Carbondale, and business operators “that cater to the Latino community.”

The petition will be delivered to ICE and the Sheriff's Office as soon as possible, before more community festivals are held, the immigrants' rights group said.

“The hope of the local leaders is that ICE and the sheriff will hold off on further public displays of immigration enforcement in the Roaring Fork Valley and focus on methods that do not create fear and distrust in the communities they serve,” a press release from the organization said.

The total number of organizations and individuals that signed the petition wasn't available Wednesday because workers were still circulating it in Glenwood Springs and Carbondale, said CIRC spokesman Alan Kaplan.

The Basalt Town Council was asked by a handful of midvalley residents at its meeting Tuesday night to sign the petition. The council concluded it wouldn't be appropriate for a number of reasons, Mayor Leroy Duroux said.

First, the town has no power to tell a federal agency how to conduct its business, he said. In addition, the mayor felt that signing the petition might mark Basalt as a “target” for the agency. Finally, Duroux said, signing the petition could give Latinos a false sense of security that they cannot be arrested or detained on immigration issues at a public event in the town.

Basalt Councilman Peter McBride said it was clear the council majority didn't support arrests at public events, if they can be avoided. However, the councilmembers said they didn't know all the details of the arrests at Strawberry Days in Glenwood Springs, so they didn't feel they could weigh in on the debate.

McBride said he and other councilmembers told the concerned residents who approached them Tuesday night that they wouldn't allow their police department to make sweeps at public events and make arrests in front of family, children and friends when there is no pressing issue.

“We said we don't want that behavior to happen in Basalt,” McBride said. Arrests should be made “in a more civil manner,” he said.

However, Basalt Police Chief Roderick O'Connor told the council that ICE has the discretion of informing the police department or not when it undertakes an operation in Basalt.

“That's the federal government. They trump us,” McBride said.

Councilwoman Jacque Whitsitt said, “Basalt can only control their own policies and their policies are solid.”

Whitsitt said she told the concerned residents that they should form an organization that tracks and builds awareness about ICE procedures in the valley. The organization, she said, should include Anglos. She volunteered to help them set up the organization.

CIRC board member and midvalley resident Edgar Niebla said he understood the council's position, although he and the other Latinos who attended the meeting had hoped the board would sign the petition. Nevertheless, they appreciated the board's empathy for the residents' concerns.

“Hearing that from the Town Council was a big step for us,” Niebla said.

The broader goal of the petition drive is to force ICE, and cooperating local agencies, to adhere to the federal agency's policies not to do raids “where children and families are present,” Niebla said.

ICE's Homeland Security Investigations conducted a joint operation in Glenwood Springs with the Garfield County Sheriff's Office that resulted in the arrests of “three known gang members” — two on Saturday, June 18 at Strawberry Days and another on Tuesday, June 21, the agency said. One party was arrested on criminal charges, the other two are in ICE custody on immigration violations.

The CIRC petition says the raid works against efforts to attract tourist dollars to the Roaring Fork Valley and improve the economy. It claims news of the “irresponsible raid” spread among the Latino community quickly and threatens to keep people away from further festivals and public events in Garfield County and elsewhere in the Roaring Fork Valley. The raids “have created an environment of fear in the Hispanic and immigrant communities that will negatively impact businesses in the Valley for months if not years to come.”

ICE said in an earlier statement that gang-related activities had been reported at previous Strawberry Days festivals. The arrest of the gang members was intended to make the event safer for families.

A statement by Carl Rusnok, ICE director of communications, Central Region, challenged CIRC's allegation that the raid was highly disruptive or created an atmosphere of fear for residents not wanted on criminal charges. ICE officials worked with the Garfield County Sheriff's Office to position an unmarked command post more than 400 yards from the festival area, Rusnok said.

“ICE agents arrested three gang members during the festival. No other arrests were made,” Rusnok said. “The discrete positioning of the command post and the ICE agents was specifically designed to minimize disruption to those attending the festival, while also providing significant security to them at the same time.”

Rusnok said he was unaware of the petition being circulated, so he couldn't immediately comment on it.

CIRC said signees included organizers of Mountain Fair, First Friday in Carbondale and Club Rotario in Glenwood Springs.

Jack Real, chair of the Garfield County Democrats, signed the petition, according to CIRC. Garfield County businesses that signed the document included Gloria's, Valley Meats, La Perla Fashion, Garcia's Cafe, El Pollo Rico, El Horizonte Restaurant, Tortilleria la Roca, Mi Casita Restaurant and Tequilas Restaurant.

scondon@aspentimes.com

Sunday, June 26, 2011

Guest Commentary: Dairy immigration raid went too far

By Julien Ross
The Denver Post
06/24/2011

In the early morning of June 1, U.S. Immigration and Customs Enforcement (ICE) and local and county law enforcement officials entered the homes of workers from Wildcat Dairy in Fort Morgan.

While terrified children and spouses looked on, ICE arrested 11 dairy workers whose primary job is to milk, feed and clean up after the dairy's cows. These workers were not charged with civil immigration violations, but instead are facing felony charges of criminal impersonation and forging documents.

This raid is deeply alarming to the immigrant community and its allies in Colorado.

First, the raid is a direct contradiction of the Obama administration's stated enforcement goals. In 2009 testimony to the Senate Judiciary Committee, Homeland Security Secretary Janet Napolitano stated, "ICE will focus its resources within the worksite enforcement program on the criminal prosecution of employers who knowingly hire illegal workers in order to target the root cause of illegal immigration."

In a 2010 memo to all ICE employees, Assistant Secretary John Morton stated, "Aliens who pose a danger to national security or a risk to public safety shall be ICE's highest immigration enforcement priority."

In Fort Morgan, however, unilateral action was taken against dairy workers who appear to have had no criminal history and pose no danger to the community. No enforcement action, criminal or otherwise, has been announced against the employer, Wildcat Dairy.

Second, the Fort Morgan raid carries immense local and state costs to taxpayers with the investigation, prosecution, representation, right to counsel, and detention of the workers. Is it really the best use of limited taxpayer dollars for Morgan County Sheriff James Crone and District Attorney Robert Watson to pursue workers who pose no dangerous threat, contribute to the Colorado economy, and are well integrated into the community?

Most disturbingly, jail bonds have been set for the workers at an absurd $50,000 per person. Even the most dangerous crimes rarely see a bond set this high. The district attorney's argument of flight risk to justify the high bond simply doesn't fly when you consider that the workers have families with long-standing roots in the Fort Morgan community.

Let's be clear. Unauthorized employment and the use of false work documents are serious issues that need to be addressed, but not by criminalizing workers. This is bad policy that wastes taxpayer dollars, separates families and makes everyone less safe by driving a wedge between police and immigrant communities. The vast majority of employers, workers, law enforcement, and the American public agree that the only real solution is comprehensive immigration reform at the federal level.

However, with comprehensive reform unlikely in our deeply divided Congress, the immediate question is whether Homeland Security and local law enforcement will continue to use limited resources to turn dairy workers into felons. If the Obama administration is serious about its own stated priorities, it should immediately halt raids and instead focus on real threats to public safety while working toward comprehensive reform.

On Saturday, at 2 p.m., Congressmen Luis Gutierrez, D-Ill., and Jared Polis , D-Colo., will headline a town hall meeting at Bruce Randolph School in Denver to address this issue. Citizens and residents will share testimonies about the toll ICE raids and deportations are taking on Colorado families.

One speaker will be Jenny, a 7-year- old U.S. citizen whose father was arrested at the Wildcat Dairy. "I know my dad is not a criminal," Jenny told me. "He just was working hard to provide my family food and shelter. There are lots of other kids like us in my town who are missing their dads, too. This needs to stop."

Julien Ross of Denver is executive director of the Colorado Immigrant Rights Coalition.

http://www.denverpost.com/opinion/ci_18341417

Friday, June 24, 2011

Classy: ICE raids Daddy's Day celebration

Posted by J. Adrian Stanley
The Colorado Springs Independent
Jun 22, 2011

While you have to keep in mind that the following release is from the Colorado Immigrant Rights Coalition, an advocacy group for immigrants, it's still a jaw-dropper.

Nothing says American decency like arresting dads on Father's Day while they wait for their kids outside the bouncy castle. Or being so rude and crude to a pregnant lady that she has to be hospitalized for the stress.

Way to go, ICE. You make us proud.

ICE Raids the Strawberry Days Festival in Glenwood Springs, Two Fathers Detained While Waiting for Kids at the Bouncy Castle.

Father’s Day Festival Raid by Local Law Enforcement and ICE Chills Relations with Latino/a and Immigrant Communities; Hurts Business and Safety.

Glenwood Springs, CO — The Strawberry Days Festival in Glenwood Springs is usually remembered as a treasured summer family event. This year, some children will also remember it as the day their family was ripped apart by Immigration and Customs Enforcement (ICE).

As the Alvarez family was waiting for their children to come out of the Bouncy Castle, they were approached by a couple of Garfield County Sheriffs deputies who led the men away behind the carnival rides. While there, 2 plainclothes ICE agents approached, checked, and detained both men. Brothers Cesar and Julio Alvarez were then taken to an ICE van in the back of the fair, while their 4 children waited with their aunt and mother.

Lorenza Alvarez, Julio’s 7-months pregnant, US born wife, came looking for her husband and her brother-in-law and was treated poorly by agents as she explained that Cesar was the only caretaker of twin 11-year-old girls. Following an extended conversation, Cesar was released but Julio was taken away for processing at an ICE detention center in Glenwood Springs. The stress was almost too much for the pregnant Mrs. Alvarez, and she had to be taken to Valley View Hospital for emergency care.

Teaming up with the Garfield County Sheriff’s Department, undercover ICE agents conducted this dragnet operation at a family fair on Father’s Day, in violation of their own operating regulations — which call on them to “refrain from conducting enforcement actions or investigative activities at or near sensitive community locations, such as schools, places of worship... and venues generally where children and their families may be present.”

“This operation has revealed the Glenwood Springs ICE office to be a rogue agency operating outside of clear ICE directives to not conduct operations in “sensitive locations.” said Brendan Greene, Rocky Mountain Coordinator for the Colorado Immigrant Rights Coalition,“ The fact that ICE and local police went after dads at the carnival on Father’s Day has been spreading throughout the immigrant community. This has the potential to negatively impact the success of Strawberry Days for years to come; not to mention erode what little trust remains between the immigrant community and the Garfield Co. Sheriff’s office.”

Adds Greene, “The local ICE office and the Garfield Co. Sheriff, by irresponsibly targeting the city’s flagship summer event, has hurt not only the City of Glenwood Springs, but also any other town in the Valley that is hoping to have a successful festival this summer. They should be ashamed of themselves for hurting the Valley’s businesses in this way.”

Local Spanish language DJ, Axel Contreras, heard about ICE’s presence at the carnival and went to investigate. “I have lived in the Valley and attended Strawberry Days for 20 years…in all of my years here, even when there were terrible storms, I have never seen Strawberry Days as empty as it was on Sunday after word had spread in the community that ICE was conducting an operation.”

This type of enforcement operation is often extremely disruptive to small towns like Glenwood Springs, where the Latino/a community has grown to become a major supporter of the Festival over the last decade.
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CIRC has been receiving complaints from the immigrant community about how the Garfield County Sheriffs Departments has been closely collaborating with, and in the case of last weekend’s raids at the carnival, taking the lead in ICE enforcement operations.

“I can’t think of a better way to ruin community policing than having local law enforcement troll for undocumented workers at community events like Strawberry Days.” said attorney Ted Hess, who is representing one of the detained men, “ This unholy alliance of ICE and local cops destroys trust between the community and the police.”
http://www.csindy.com/IndyBlog/archives/2011/06/22/classy-ice-raids-daddys-day-celebration

Sunday, April 24, 2011

Noncriminals swept up in federal deportation program

Secure Communities, a federal program launched in 2008 with the stated goal of identifying and deporting more illegal immigrants' convicted of serious crimes,' has netted many noncriminals or those who committed misdemeanors
By Lee Romney and Paloma Esquivel
Los Angeles Times
April 25, 2011

Reporting from San Francisco and Los Angeles—More than once, Norma recalls, she yearned to dial 911 when her partner hit her. But the undocumented mother of a U.S.-born toddler was too fearful of police and too broken of spirit to do so.

In October, she finally worked up the courage to call police — and paid a steep price.

Officers who responded found her sobbing, with a swollen lower lip. But a red mark on her alleged abuser's cheek prompted police to book them both into the San Francisco County Jail while investigators sorted out the details.

With that, Norma was swept into the wide net of Secure Communities, a federal program launched in 2008 with the stated goal of identifying and deporting more illegal immigrants "convicted of serious crimes."

But Norma was never convicted of a crime. She was not charged in the abuse case, though the jail honored a request to turn her over to immigration authorities for possible deportation.

"I had called the police to help me," said Norma, 31, who asked that her last name not be used because she fears that speaking out may jeopardize her case. "I think it's unjust…. Even with a traffic ticket we can now be deported."

Under the program, fingerprints of all inmates booked into local jails and crossed-checked with the FBI's criminal database are now forwarded by that agency to Immigration and Customs Enforcement to be screened for immigration status. Officials said the new system would focus enforcement efforts on violent felons such as those convicted of murder, rape and kidnapping.

But Secure Communities is now mired in controversy. Recently released ICE data show that nearly half of those ensnared by the program have been noncriminals, like Norma, or those who committed misdemeanors.

In addition, hundreds of ICE emails released in response to litigation by immigrant and civil rights groups show the agency knowingly misled local and state officials to believe that participation in the program was voluntary while internally acknowledging that this was not the case.

U.S. Rep. Zoe Lofgren (D-San Jose) on Friday accused ICE officials of lying to local governments and to Congress and called for a probe into whether ICE Director John Morton and Homeland Security Secretary Janet Napolitano, who oversees the agency, were aware of the deception.

San Francisco and Santa Clara counties are among those jurisdictions that sought to prevent fingerprint data from being automatically routed to ICE. Although that data will still be forwarded to immigration authorities, both counties are now crafting policies that would deny ICE hold requests for inmates booked on minor infractions.

There is still much confusion over what legal authority states have to change their participation agreements with ICE, which now says they are unnecessary.

A bill sponsored by Assemblyman Tom Ammiano (D-San Francisco) to be heard in committee Tuesday would require California to modify its agreement with ICE so that only fingerprints of convicted felons are run through the immigration database. The bill also contains protections for domestic violence victims and juveniles and would make the program optional for counties.

"With punitive methods that sweep them all up, there's no trust," said Ammiano, noting that with 11 million illegal immigrants in the country, the policy should be specifically tailored to dangerous criminals. "We have had children come home from school and their parents are not there. That is not an enlightened policy."

A similar bill is pending in Illinois, while Colorado managed to negotiate a modified agreement that includes some protections for domestic violence victims. Washington recently became the first state to refuse to join the federal program, and Washington, D.C., withdrew altogether.

Federal officials now contend that all states and counties must participate in Secure Communities by 2013. They said Washington, D.C., was allowed to temporarily terminate its agreement only as a courtesy.

But the program's legality remains an open question. Homeland Security officials say they need no approval from counties or states because Secure Communities is merely "an information-sharing program between federal partners." Lofgren and other critics, however, question the federal government's right to impose the program on local jails. Backers of Ammiano's bill say that ICE has exceeded its authority and plan to move forward with proposed changes to California's agreement.

ICE spokeswoman Nicole Navas said that the Secure Communities program resulted in the deportation of 72,000 convicted criminals last year, more than at any time in agency history. Of those, 26,000 had committed major violent offenses.

"By removing criminal aliens more efficiently and effectively, ICE is reducing the possibility that these individuals will commit additional crimes in U.S. communities," she said.

Some who appear in the data to be noncriminals or low-level offenders have gang affiliations, were arrested for drunk driving or were previously deported and returned, she said. Of California's fingerprint matches, 22% to date are fugitives who had ignored deportation orders or were expelled and returned illegally, data shows.

Norma, for example, had left the country voluntarily after an immigration arrest in 2002 but returned the same year, ICE officials said.

In 2009, California signed one of the earliest agreements with ICE to participate in Secure Communities. The program is now in 41 states and 1,211 local jurisdictions, including all California counties.

Critics say the program discourages immigrants from reporting crimes and encourages racial profiling because officers might book individuals on minor infractions knowing that their fingerprints will be screened by ICE. They point out that the program does not screen out those arrested but never charged with a crime.

A Homeland Security official said the department has hired a criminologist to examine arrest statistics for signs of racial profiling and is looking to "enhance the decision-making process" to reduce the number of noncriminals being deported. The department also will soon unveil a policy for domestic violence victims.

Supporters applaud Secure Communities for replacing ad hoc immigration enforcement with a nationwide effort that targets criminals.

"Before what was happening was the local officers had no way of knowing or had to take special steps to find out if the people they arrested were potentially removable from the community," said Jessica Vaughan, director of policy studies for the Washington, D.C.-based Center for Immigration Studies, which advocates for tougher immigration enforcement. Los Angeles County Sheriff Lee Baca also supports the program.

But Lofgren and others are upset over what they see as the deception with which the Secure Communities program was implemented.

The congresswoman was most angered by the hundreds of ICE internal documents recently released by order of a federal judge. A review of the correspondence reveals an agency that misled local and state officials as it struggled to defuse what one email called "a domino effect" of political opposition.

As early as November 2009, Secure Communities Acting Director Marc Rapp declared in an email that "voluntary" meant "the ability to receive the immigration response" about fingerprint matches, not the ability to decline to provide the data in the first place.

But for nearly a year that was not made clear to local agencies. "They said, 'You set up a meeting and you opt out.' That's why we're pretty unhappy," said Santa Clara County Counsel Miguel Marquez.

San Francisco County Sheriff Michael Hennessey also unsuccessfully sought to opt out of the program last summer. Hennessey is developing a policy that would honor ICE detainer requests only for felons and misdemeanants whose crimes involve "violence, guns, and certain sex offenses." Santa Clara County is exploring a similar policy.

In July, Lofgren wrote Napolitano and U.S. Atty. Gen. Eric Holder seeking "a clear explanation of how local law enforcement agencies may opt out of Secure Communities by having the fingerprints they collect … checked against criminal, but not immigration databases." In September, she received letters back stating that locals need only submit the request in writing to state and federal officials.

ICE officials knew the language was misleading. "I like the thought. But reading the response alone would lead one to believe that a site can elect to never participate should they wish," an FBI staffer wrote to ICE colleagues in an August email exchange about the draft. In October, Napolitano and Morton finally held a news conference to clarify that opting out of Secure Communities is not possible.

A Homeland Security official said Friday that "Secure Communities is not voluntary and never has been. Unfortunately, this was not communicated as clearly as it should have been to state and local jurisdictions."

Meanwhile, Norma is preparing to testify on behalf of Ammiano's bill. She attends a domestic violence support group and cares for her 3-year-old son, Brandon, in a rented room while wearing a bulky ankle monitor.

"Now that I know my rights, I want to fight," said Norma, who recently graduated from a leadership program to help other abuse victims.

Immigration visas are available for domestic violence victims who meet specific criteria. If she loses her case, Norma said, she will return to Mexico.

"This strength they've given me, this sense of security, this I will carry with me anywhere I go."

http://articles.latimes.com/2011/apr/25/local/la-me-secure-communities-20110425

Friday, February 25, 2011

Internal Documents Prove ICE Misled Public About Secure Communities

By Thomas Francis
Florida Center for Investigative Reporting
February 22, 2011

Officials with the U.S. Immigration and Customs Enforcement deliberately misled the public and local law enforcement agencies about the immigration-enforcement program Secure Communities.

Internal e-mails obtained by the National Day Laborer Organizing Network show how ICE spokespersons rehearsed phrases that would frame Secure Communities as targeting the most violent illegal immigrants, even as evidence mounted that the majority of those deported through Secure Communities were arrested for a non-violent crime or detained despite having no criminal record.

Launched in 2008, Secure Communities is an information-sharing program through which local law enforcement agencies provide federal immigration officials with access to biometric information such as fingerprints of arrestees. If cross-referencing reveals a suspect is in the United States illegally, immigration officials can issue a detainer and deport the undocumented immigrant.

The Florida Immigrant Advocacy Center allege Secure Communities encourages racial profiling and discourages immigrants from reporting crimes or otherwise cooperating voluntarily with law enforcement.

Among documents released is an undated internal memo titled “Guidance for Handling Sensitive Jurisdictions.” The memo coaches ICE staff to say Secure Communities “focuses ICE enforcement on the worst of the worst,” emphasizing that the program “does not focus on undocumented aliens who are victims of, or innocent witnesses, to crime.”

Both seem to act as weasel phrases, exploiting the ambiguity of the word “focus.” That word speaks to the agency’s intent, but it obscures the real-world effect of Secure Communities: namely, that it deports more of the “low-priority” non-criminal immigrants than it does violent criminals who rank as “high-priority” targets.

The Florida Center for Investigative Reporting published an investigation on Jan. 31 that showed how these trends are even more pronounced in Florida, where only 20 percent of those deported through the program had been convicted of a violent crime. Immigrants with no criminal history accounted for 42 percent of Florida deportations through Secure Communities.

But the most flagrantly misleading aspect of Secure Communities deals with the claim, first made during the program’s 2009 debut, that local jurisdiction could simply “opt out” if they weren’t comfortable sharing information with ICE.

An August 2009 e-mail shows how an ICE spokesperson, Randi Greenberg, acknowledged the opt-out provision might not be around to stay. “The SC initiative will remain voluntary at both the state and local level,” wrote Greenberg, referring to a conversation with Secure Communities Acting Director Marc Rapp. “Until such time as localities begin to push back on participation, we will continue with this current line of thinking.”

Eventually, a handful of local governments, including California’s Santa Clara County, did push back, and the e-mail records disclosed by ICE show how the agency inched away from its prior claims about the ability to opt out.

A January 2010 correspondence documents how two ICE officials recommend that Rapp do away with Secure Communities’ voluntary feature. “Because of course if we adopt the ‘it’s not an option’ point of view, that certainly simplifies life, no?” wrote an ICE official whose name is redacted.

In June 2010, Greenberg updated ICE’s frequently-asked-questions section, which included a revision of the phrasing related to the opt-out. Judging by the reaction of at least one ICE official, this was a common event.

“I’m totally confused now,” wrote an ICE staffer whose name is redacted. “I’ve got so many versions of the opt-out language I don’t know what’s current and what’s not. It seems like we have different language for different purposes and it’s confusing.”

Records show that in 2010 ICE watered down the opt-out policy until it was only possible for a local law enforcement agency to opt out of receiving messages about the immigration status of those arrested. It was no longer possible to refuse sharing information with ICE, though ICE still called this an “opt-out.”

It wasn’t until October 2010 that federal officials acknowledged that local jurisdictions could not opt out of Secure Communities. ICE, backed by anti-immigration groups, continued to defend the program on the basis that an illegal immigrant is, by definition, a criminal and that the federal government has an obligation to deport immigrants it learns are residing in the United States illegally.

The Florida Department of Law Enforcement formalized its partnership with Secure Communities in June 2010, a period during which it was hard to discern whether local agencies could opt out or not.

In its role as the custodian of identification records for all the state’s law enforcement agencies, FDLE had ample reason to obtain a clear definition of whether those agencies could opt before partnering with Secure Communities.

Heather Smith, a spokesperson for FDLE, told FCIR that none of Florida’s local law enforcement agencies has requested to opt out of Secure Communities.

“Florida’s local law enforcement has actively shared arrest fingerprint information with the federal government for years,” Smith said. “There are no local law enforcement agencies in Florida who have expressed to FDLE that they would like to opt out of this program.”

http://fcir.org/2011/02/22/internal-documents-prove-ice-misled-public-about-secure-communities/

Friday, January 7, 2011

RI Gov. Chafee rescinds immigration order

By Eric Tucker
The Associated Press
January 5, 2011

PROVIDENCE, R.I.—Rhode Island Gov. Lincoln Chafee on Wednesday rescinded an executive order that cracked down on illegal immigration and said he had directed state police to end a federal agreement under which troopers directly assist with immigration enforcement.

The move fulfills one of Chafee's campaign pledges and cancels one of the more contentious acts taken by his predecessor, Republican Don Carcieri.

The 2008 order, which sparked protests and a heated debate on immigration reform, directed state agencies and vendors that do business with the state to use the federal E-Verify database to check the employment eligibility of new hires.

It also required state police to enter an agreement with federal immigration authorities to help with immigration enforcement. The agreement, known as 287(g), gave specialized immigration enforcement training to some troopers, allowing them direct access to an electronic immigration database to quickly check if a suspect in custody is in the country illegally. The state police routinely check the immigration status of suspects they arrest if troopers have reason to believe they're in the country illegally.

Chafee, speaking before scores of immigrant advocates at the International Institute of Rhode Island, said he considered the executive order divisive and had seen no evidence that it had reined in costs or otherwise been successful.

"My view is that Rhode Island can grow economically by being a tolerant place to do business," Chafee said. "The immigrant-rich areas, I want to see them prosper, and they need it."

Chafee, a former Republican U.S. senator who became an independent in 2007 and was sworn in as governor on Tuesday, reiterated his belief that immigration enforcement needs to be dealt with on a federal level and said he would support measures that provide a pathway to citizenship for illegal immigrants.

Chafee said he didn't want state troopers enforcing immigration law, but added that he still needed to work out details with Superintendent Brendan Doherty about what precise changes would be implemented. Doherty said he would respect the governor's order to end the 287(g) agreement but also said his troopers would continue to notify U.S. Immigration and Customs Enforcement whenever someone who's arrested is found to be in the country illegally.

"Let me be perfectly clear that the Rhode Island State Police will still communicate and cooperate with ICE in matters of mutual concern," Doherty said.

Immigrants and their advocates gave Chafee a standing ovation as he entered the room and hailed the repeal of the executive order as a show of tolerance and respect.

"We come here to work hard. I know some people make mistakes -- not all of them. Most of us are working hard, make better lives, live the American dream," said Frank Garcia, a Guatemalan immigrant who lives in Providence and works for a printing company.

New Attorney General Peter Kilmartin has said he plans to enlist the state in the federal government's "Secure Communities" program, which allows local police departments to automatically check fingerprints of arrested suspects against a federal immigration database. Demonstrators gathered at the attorney general's office Wednesday afternoon to protest against the program, but Kilmartin's spokeswoman said he remains committed to having the state participate.

http://www.boston.com/news/local/rhode_island/articles/2011/01/05/ri_gov_chafee_to_rescind_immigration_order/?s_campaign=8315

Saturday, November 13, 2010

ICE’S Enforcement Priorities and the Factors that Undermine Them

Immigration Policy Institute
November 9, 2010

As part of its strategy to gain support for comprehensive immigration reform, the administration has continually touted its enforcement accomplishments. In fact, over the last two years, the Obama administration has committed itself to a full-court press to demonstrate how committed the administration is to removing criminals and others who remain in the country without proper documentation. They have continued to use the enforcement programs of the previous administration, including partnering with state and local law enforcement agencies to identify, detain, and deport immigrants. However, in doing so, they have lost the ability to fully control their own enforcement priorities and enforcement outcomes, and the results have demonstrated that the state and local partners are not necessarily committed to the same priorities. Download the Special Report

At an October 6, 2010, press conference, Secretary of Homeland Security Janet Napolitano announced that the Department of Homeland Security (DHS) had removed more than 392,000 individuals in Fiscal Year (FY) 2010, and presented other “record-breaking immigration enforcement statistics achieved under the Obama administration.” In addition to record-breaking overall numbers, Napolitano also announced the “unprecedented numbers of convicted criminal alien removals” in FY 2010. Of the 392,000 removals in FY 2010, more than 195,000 were classified as “convicted criminal aliens,” which was 81,000 more criminal removals than in FY 2008.

U.S. Immigration and Customs Enforcement (ICE) has stated that budget realities make it impossible to remove everyone who is in the country illegally or who is otherwise deportable, and has released a series of memos designed to prioritize the “worst of the worst.” Overall, this prioritization represents an effort to bring order to the increasingly complex world of immigration enforcement. ICE has prioritized the identification, arrest, detention, and removal of immigrants who pose a threat to public safety and national security. At the same time, however, other enforcement-related decisions—particularly the growing emphasis on state and local law enforcement—stand to undermine ICE’s priorities.

In recent years, ICE has grown more and more dependant on the 287(g) program and the expanding Secure Communities program, which are partnerships with state and local police agencies to identify immigrants for deportation. ICE has, in effect, outsourced the identification of immigrants for enforcement actions to local police agencies and jails. However, programs such as Secure Communities and 287(g) undermine ICE’s priorities because they are designed in such a way that leads to the deportation of immigrants with minor criminal offenses or no criminal history at all.

Not only do these new partnerships take the initial identification and arrest outside of ICE’s control, they exacerbate the potential for profiling and pretextual arrests, which in turn take the focus off of serious criminals and lead to the arrest of large numbers of people for minor offenses. Other factors at the state and local level also remove ICE from the decision-making process at the critical early stages. Laws such as Arizona’s SB1070 attempt to impose enforcement priorities on ICE and determine where and how ICE should use its limited resources, regardless of ICE’s own stated objectives.

Ultimately, quality and quantity are intertwined. If ICE truly wishes to focus on the “quality” of the immigrants deported as opposed to the sheer quantity of persons deported, it must look more closely at its partnerships with states and localities. This paper reviews the steps that ICE has taken in recent months to clarify its enforcement priorities and how those priorities are playing out nationally and in local communities.

REPRIORITIZING WORKSITE ENFORCEMENT AND FUGITIVE OPERATIONS GOALS

One of the first steps the Obama administration took toward changing enforcement priorities came with the elimination of large worksite raids, which were widely used during the Bush administration. In contrast to large raids, the Obama administration has emphasized investigating and penalizing employers. On April 30, 2009, the administration announced a new Worksite Enforcement Strategy. Under the new strategy, the administration would focus worksite enforcement resources on the criminal prosecution of employers, not on the prosecution and deportation of large numbers of unauthorized workers. However, it was made clear that workers were not immune to enforcement:

ICE will continue to arrest and process for removal any illegal workers who are found in the course of these worksite enforcement actions in a manner consistent with immigration law and DHS priorities. Furthermore, ICE will use all available civil and administrative tools, including civil fines and debarment, to penalize and deter illegal employment.

Similarly, criticism of Fugitive Operations Teams (FOTs), which were created to locate and detain fugitive immigrants who pose a threat to the nation or the community or who have a violent criminal history, led the administration to revisit the authority of these teams. According to a 2009 report by the Migration Policy Institute (MPI), while the number of immigrants apprehended by FOTs has increased, they have netted fewer violent criminals and arrested greater numbers of unauthorized immigrants with no criminal history. Specifically, MPI found that in 2007, fugitives with criminal convictions represented just 9 percent of total FOT arrests. Many of those arrested were “ordinary status violators”—individuals which the FOTs believe are unauthorized or in violation of immigration laws, but who have not been charged with anything.

Much of the criticism of FOTs was based in the use of arrest quotas. MPI found that the increase in arrests of ordinary status violators can be attributed to a new arrest quota system that was implemented by ICE in FY 2006. In that year, ordinary status violators increased to 35 percent of total FOT arrests, and in FY 2007 rose to 40 percent of total arrests. MPI concluded that the Fugitive Operations Program “has failed to focus its resources on the priorities Congress intended when it authorized the program. In effect, NFOP has succeeded in apprehending the easiest targets, not the most dangerous fugitives.”

ICE Response to Fugitive Operations Program Priorities

In August 2009, ICE Director John Morton announced that FOTs would no longer use arrest quotas. He stated, “I just don’t think that a law enforcement program should be based on a hard number that must be met at the end of the day.” Then, on December 8, 2009, ICE issued a memorandum, “National Fugitive Operations Program: Priorities, Goals, and Expectations.” This memo set forth a three-tiered enforcement priorities system; Tier 1: fugitive aliens; Tier 2: previously removed aliens; Tier 3: removable aliens convicted of crimes. Each tier was further broken down into sub-priorities ranging from individuals who pose threats to national security to individuals with no criminal convictions. The memo then directed FOTs to focus the vast majority of their resources (70 percent) on apprehending persons within Tier 1.

According to statistics from ICE’s Quarterly Reports to Congress, higher percentages of “criminal aliens” are being arrested and removed through the FOTs. However, there is no public data regarding which priority Tier each person arrested and deported falls into. Furthermore, it is likely that many of the persons counted as “criminal aliens” have been convicted of minor crimes and misdemeanors and do not pose a threat to public safety or national security.

Despite the memo, it was questionable whether quotas remained in effect. This fear became particularly acute on March 27, 2010, when the Washington Post reported that James M. Chaparro, head of ICE detention and removal operations, had issued a memo in February that stood in direct conflict with the administration’s stated goal of prioritizing dangerous criminal aliens. The memo stated that ICE had set a quota of 400,000 deportations for the year, without regard to whether those individuals were criminals or not, and laid out strategies for doing so. According to the Post, Chaparro issued a new memo in March stating that his earlier e-mail “signals no shift in the important steps we have taken to date to focus our priorities on the smart and effective enforcement of immigration laws, prioritizing dangerous criminal aliens… while also adhering to Congressional mandates to maintain an average daily [detention] population and meet annual performance measures.” Later that day, ICE issued a statement clarifying that the internal memo did not reflect their policies and was sent without proper authorization. Furthermore, ICE remained “strongly committed to carrying out [its] priorities to remove serious criminal offenders first and [they] definitely do not set quotas.”

The fact that the memo was authored by a high-level official who sets official policy signaled a serious disconnect – if not disagreement – within the agency and undermined ICE’s credibility, as well as its ability to set enforcement priorities. Nonetheless, in the case of worksite enforcement and FOTs, ICE leadership was able to reassert its commitment to new enforcement priority goals.

ENFORCEMENT PRIORITIES AND STATE AND LOCAL PARTNERSHIPS

It becomes far more difficult to maintain control of enforcement priorities, however, when ICE is dependent on state and local policies and personnel. Partnerships between ICE and state and local law-enforcement agencies (LEAs) are generating the most concern over enforcement priorities. Over the past several years, these partnerships have been greatly expanded, and ever greater numbers of LEAs are serving as “force multipliers” for DHS. The two programs most closely associated with immigration enforcement are the 287(g) program and the Secure Communities program. The stated objective of both of these programs is to target dangerous criminals and persons who pose a threat to the community. ICE credits these programs with the increase in deportations of “criminal aliens” over the past year.

Programs such as 287(g) and Secure Communities merge the federal immigration enforcement system with state criminal justice systems. Through these programs, noncitizens are made known to ICE because of charges or convictions for non-immigration-related offenses. In some cases, noncitizens commit serious crimes that lead to their deportation. But in many cases, local police arrest noncitizens who pose no threat to public safety for relatively minor crimes, such as driving without a license or shoplifting. In other cases, immigrants are merely charged with crimes for which they are never convicted.

Through the partnerships between ICE and local police, immigrants are channeled into the immigration enforcement system, regardless of their guilt or innocence or the severity of the crime with which they are charged. These immigrants then face lengthy detention, few due-process protections, and deportation. This includes long-term lawful immigrants who have committed minor crimes which nonetheless make them deportable under current law, and lawful immigrants who may be deported for having committed a deportable offense years ago, regardless of whether the immigrant is convicted of the current charge. Thus, despite the stated priorities of the programs, they have, in fact, been casting a wide net, resulting in the identification and deportation of persons charged with or convicted of low-level crimes, or who have no criminal history at all.

287(g)

The 287(g) program, named for Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), allows the Secretary of Homeland Security to enter into agreements that delegate immigration powers to local police, but only through negotiated agreements that are documented in a Memorandum of Agreement (MOA). The first 287(g) MOA was signed in 2003, and there are currently 72 signed MOAs in 26 states.

There has been much concern over the motivations behind jurisdictions requesting 287(g) MOAs and how they are being implemented. Many reports from government and nongovernmental sources point to the fact that the 287(g) program is not achieving its objectives. A January 2009 Government Accountability Office (GAO) report found that ICE had failed to articulate the 287(g) program’s objectives and had not consistently articulated how local partners use their 287(g) authority. An April 2010 report by the DHS Office of Inspector General (OIG) found that ICE and its local law-enforcement partners had not complied with the terms of their 287(g) MOAs. The report states:

ICE’s primary performance measure for the 287(g) program is the number of aliens encountered by 287(g) officers. ICE also collects information on the number of aliens identified through the 287(g) program who are subsequently removed by ICE. However, with performance measures that do not focus on aliens who pose a threat to public safety or are a danger to the community, there is reduced assurance that the goal of the 287(g) program is being met… although ICE has developed priorities for alien arrest and detention efforts, it has not established a process to ensure that the emphasis of 287(g) efforts is placed on aliens that fall within the highest priority level.

In September 2010, the DHS Inspector General released an updated report on the Performance of 287(g) Agreements, which largely echoes the findings of the first report. The new report contains additional recommendations to ensure that ICE establishes a comprehensive approach for determining whether 287(g) program goals for removing criminal aliens who pose a threat to public safety are being achieved.

ICE Response to 287(g) Concerns

Prior to the publication of the OIG report, in July 2009, ICE made changes to the 287(g) MOA and announced that it had “fundamentally reformed the 287(g) program, strengthening public safety and ensuring consistency in immigration enforcement across the country by prioritizing the arrest and detention of criminal aliens.” In response to the concerns about large numbers of low-level offenders and noncriminal immigrants being deported through the program, ICE made several changes to the program. It clarified that the purpose of the program is to identify and remove immigrants who pose a threat to public safety or a danger to the community. ICE also put in place other measures to ensure compliance with ICE priorities.

In addition, ICE issued a memo titled “Monitoring the Exercise of 287(g) Authority” to all Special Agents in Charge and Field Office Directors, advising them of their responsibility for ensuring that LEAs adhere to the terms of the revised 287(g) MOA and exercise the delegated authority consistent with ICE priorities. This includes requiring ICE field offices supervising 287(g) agreements to submit quarterly reports that include arrest data to be analyzed for compliance with the goals and priorities of the program. However, the OIG notes that ICE does not have data about arrests, detentions, and removals within each priority level; that there are no performance measures linked to compliance with priority levels; and that there is no follow-up process to ensure that actions taken by the police actually result in better adherence to the priorities.

Despite the existence of new guidance memos, the actual execution of the 287(g) program involves numerous factors outside ICE’s control. At this point, at least, the memo sends mixed messages, arguing for careful monitoring without requiring collection of the data that could lead to a more complete assessment of whether priorities are being met.

Secure Communities

Secure Communities, in contrast to 287(g)’s deputization model, employs technology to identify immigrants who may be deportable. Under Secure Communities, fingerprints routinely taken by LEAs at the point of booking are submitted to federal immigration databases in addition to the federal criminal databases to which they are normally submitted. If there is a database “hit,” meaning that the arrested person is matched to a record indicating an immigration violation, ICE and the local law-enforcement authorities are automatically notified. ICE then evaluates each case to determine the individual’s immigration status and take appropriate enforcement action.

Secure Communities prioritizes the immigrants it identifies using a three-level prioritization system; Level 1 being the most serious criminal offenses, and Levels 2 and 3 being less-serious offenses. According to the latest ICE data, between October 2009 and September 10, 2010, Secure Communities resulted in 49,638 removals, of which 23 percent were for Level 1 crimes, 49 percent were for Level 2 and Level 3 crimes, and 28% were non-criminals. During the same time period, 24 percent of Secure Communities arrests were Level 1, while 30 percent were noncriminals. Examinations of ICE’s Secure Communities statistics reveals that those identified by Secure Communities include large numbers of individuals with no criminal history, individuals charged with (but not convicted of) crimes, and legal immigrants with prior convictions that make them deportable.

ICE Memo on Enforcement Priorities

On June 30, 2010, ICE issued a memo entitled “Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens,” which set forth new enforcement prioritization objectives. The memo outlines civil immigration enforcement priorities as they relate to the apprehension, detention, and removal of immigrants. The memo sets forth a three-tiered priority system:

Priority 1: Non-citizens who pose a danger to national security or a risk to public safety, including those suspected of terrorism, convicted of violent crimes, and gang members. Within Priority 1, these crimes are further ranked as Level 1, 2, or 3, with Level 1 being the most serious crimes. Level 1 and 2 offenders are of the greatest priority. The levels presented within Priority One are to replace existing Secure Communities levels of offenses:

  • Level 1 offenders: aliens convicted of “aggravated felonies,” as defined in section 101(a)(43) of the Immigration and Nationality Act, or two or more crimes each punishable by more than one year, commonly referred to as “felonies.” (ICE notes that the definition of aggravated felony includes serious, violent offenses as well as less serious, non-violent offenses, and that ICE personnel should prioritize the former within Level 1 offenses.)
  • Level 2 offenders: aliens convicted of any felony or three or more crimes each punishable by less than one year, commonly referred to as “misdemeanors;” and
  • Level 3 offenders: aliens convicted of crimes punishable by less than one year.

A footnote states that “some misdemeanors are relatively minor and do not warrant the same degree of focus as others. ICE agents and officers should exercise particular discretion when dealing with minor traffic offenses such as driving without a license.”

Priority 2: Non-citizens who recently crossed the border or a port of entry illegally, or through the knowing abuse of a visa or the visa waiver program.

Priority 3: Noncitizens who are subject to a final order of removal and abscond, fail to depart, or intentionally obstruct immigration controls.

Similar to the policy on worksite enforcement, the June 30 memo, while prioritizing serious criminals, allows for the identification, detention, and removal of immigrants with no criminal histories. It specifically states that “ICE special agents, officers, and attorneys may pursue the removal of any alien unlawfully in the United States.”

Limitations of the June 30, 2010 Memo

The data from ICE does in fact show an increase in the percentage of deportations of “criminal aliens” or “convicted criminal aliens.” However, a closer look at the numbers reveals that many of those “criminals” have committed low-level offenses or misdemeanors, and many noncriminals continue to be deported.

There are several reasons why ICE’s objective to focus enforcement resources on the “worst of the worst” cannot be realized. First and foremost, ICE policy remains such that they may identify, detain, and deport immigrants with no criminal histories. As long as they are not prohibited from taking action against any unauthorized immigrant or any lawful immigrant who is deportable, we will continue to see the deportation of noncriminals and persons with low-level criminal offenses. When the press reported on a woman who may be deported after calling the police for domestic violence, an ICE spokesperson said, “ICE cannot and will not turn a blind eye to those who violate federal immigration law. While ICE’s enforcement efforts prioritize convicted criminal aliens, ICE maintains the discretion to take action on any alien it encounters.”

The second problem is immigration law itself. Under current law, lawful immigrants face mandatory detention and deportation for having committed a growing number of low-level crimes. This ensures that the label “criminal aliens” encompasses a wide collection of individuals, some of whom are violent or serious criminals, while many others have committed low-level, non-violent crimes and do not present a threat to the community.

The third set of problems are inherent to the design and implementation of the 287(g) and Secure Communities programs, as well as other ICE partnerships with LEAs, that guarantee that large numbers of low-level offenders will be caught up in the program:

  • Immigrants are identified pre-conviction. Under Secure Communities and 287(g), immigrants are identified pre-conviction, guaranteeing that persons never convicted of a crime will be made available to ICE for deportation.
  • Police officers with 287(g) MOAs, or working in areas that have Secure Communities in their local jails, may have an incentive, or at least the ability, to make arrests based on race or ethnicity, or to make pretextual arrests of persons they suspect to be in violation of immigration laws, in order to have them run through immigration databases. This results in large numbers of individuals with low-level offenses, such as traffic offenses, being identified for ICE enforcement action.
  • There is no mechanism to ensure that LEAs comply with ICE priorities. Increased data collection could help to identify LEAs with large numbers of noncriminal or pretextual arrests, but data is useless if there is no way for ICE to stop LEAs from making these arrests. Increased ICE supervision was written into the 287(g) MOA, but supervision means little if ICE continues to deport low-level offenders and noncriminals that have been identified by LEAs.
  • The prioritization process comes down to resources. ICE has stated that its ability to take custody of low-priority persons identified in local jails is conditioned by the resources available on the ground at the time. In other words, if ICE has someone to pick up the immigrant and a detention bed for that immigrant, the priority level makes little difference.

For these reasons, the universe of individuals identified through 287(g) and being run through the Secure Communities program is much larger than those convicted of serious criminal offenses. As long as local police have the ability to arrest – on minor charges – large numbers of persons they suspect may be deportable immigrants, and as long as ICE continues to respond to low-level “hits,” the number of deportations of low-level and noncriminal immigrants will continue to be larger the number of serious criminals removed.

IMMIGRATION DETAINERS

Another factor that undermines ICE’s prioritization efforts is the immigration detainer. An immigration detainer is an official request from ICE to another LEA—such as a state or local jail —that the LEA notify ICE prior to releasing an individual from local custody so that ICE can arrange to take over custody within a designated 48-hour time period during which the LEA can continue to detain him. In other words, detainers are the lynchpin between local law-enforcement agencies and ICE through programs such as 287(g) and Secure Communities. Once an LEA has a person in custody and ICE determines that the person may be deportable, the detainer is the method for holding the person until ICE takes custody.

As the use of detainers has increased with the expansion of the 287(g) and Secure Communities programs, it has become clear that detainers are often issued to persons charged with crimes, but not convicted of crimes, and that detainers are issued regardless of the severity of the person’s criminal history.

ICE Response to Detainer Concerns

On August 1, 2010, after months of anticipation, ICE released a draft detainer policy and granted the public 60 days to comment on the draft. While the draft does show an effort to clarify ICE’s detainer policies, it does not adequately respond to the many concerns about detainers that have been voiced:

It does not mention nor reflect the June 30, 2010, memo on ICE’s civil enforcement priorities.

It allows for placing detainers on individuals following arrest, rather than conviction, in direct contradiction of the June 30 memo.

It fails to include instruction regarding exercising discretion consistent with enforcement priorities.

It does not mandate data collection regarding any aspect of the detainer issuance process, making it difficult to make determinations regarding the number, location, race/ethnicity, and reason for arrest of persons issued detainers.

The document fails to acknowledge the significant role of detainers in the prioritization process. The detainer issuance process is a concrete way in which ICE can enforce its own enforcement priorities. By limiting the universe of individuals to whom ICE issues detainers, the agency could take a serious step toward its stated goal of targeting serious criminals. However, ICE’s failure to advance its own enforcement priorities through its detainer policy signals a lack of conviction on the issue and once again undermines the agency’s credibility concerning enforcement priorities.

ICE PRIORITIES AND STATE LEGISLATIONS

The issue of ICE enforcement priorities is likely to grow as the 287(g) and Secure Communities programs expand across the country, and as states and localities pass laws and ordinances aimed at controlling illegal immigration. These measures interfere with the federal government’s ability to set its own enforcement priorities.

Arizona’s SB1070 provides a useful example. While the proponents of SB1070 believe that the law would enable Arizona to assist ICE in enforcing immigration laws, it would actually impinge upon ICE’s ability to fulfill its mandate, set enforcement priorities, and allocate resources effectively. SB1070 would inundate DHS with requests to determine the immigration status of individuals police have arrested for suspicion of being unlawfully present. If ICE determines that the individual is indeed unlawfully present, ICE would be expected to take custody of him/her and place him/her in deportation proceedings. The crimes created by the Arizona law likely fall into the lowest priority level. In essence, Arizona would be asking ICE to respond to all of Arizona’s requests and take custody of countless individuals who are not serious threats to the country and who have not committed serious crimes. According to experts such as former INS Commissioner Doris Meissner, this means that ICE would have fewer resources to deal with serious criminals, terrorists, and other priority individuals.

As additional states consider SB1070 copycat legislation, the Obama administration must consider the impact of such legislation on ICE enforcement priorities and capacity. A patchwork of state-level enforcement policies and priorities will severely undermine the administration’s ability to set its own enforcement priorities and take action against the “worst of the worst.”

CONCLUSION

ICE has taken important steps toward acknowledging that its enforcement programs do not necessarily prioritize serious criminals, and ICE has also taken important steps toward defining its priorities and ensuring that ICE agents and officers act in line with the agency’s stated priorities. However, ICE’s memos, guidance, and training can only go so far in terms of ensuring that ICE’s enforcement resources are directed toward identifying, detaining, and deporting the “worst of the worst.” The nature of current immigration law and the expansive list of aggravated felonies and deportable offenses mean that immigrants convicted of relatively minor and nonviolent crimes will be detained and deported, regardless of how many years they have lived in the United States or whether they have U.S.-citizen dependents.

Furthermore, by partnering with state and local police agencies, ICE has put non-ICE personnel at the front lines of immigration enforcement. While ICE can take steps toward greater supervision of these LEAs, ICE will always be limited in terms of the authority it can express over its state and local partners. Because, under this model, LEAs are responsible for channeling immigrants from the criminal justice system into the federal immigration enforcement system, and because LEAs have their own local interests and priorities, it is very likely that non-priority immigrants will continue to be subject to immigration enforcement actions. As long as ICE continues to outsource the identification and arrest of immigrants to LEAs and communities intent on ridding their jurisdiction of undocumented immigrants, ICE cannot truly focus on serious criminals. Finally, ICE’s own statements on its priorities leave plenty of space for them to deport immigrants charged with crimes but not convicted, immigrants convicted of minor crimes, and immigrants with no criminal history. These factors, together with new enforcement-oriented legislation at the state level, means that ICE resources are far from focused solely on deporting serious criminals.

RECOMMENDATIONS:

  • Legalization would be an enormous step toward true prioritization. A pool of more than 11 million persons subject to deportation is not a good starting place. Legalizing undocumented immigrants who do not pose a threat to public safety or national security, would allow DHS to focus its limited enforcement resources on unauthorized and legal immigrants with serious criminal convictions.
  • Restoring discretion to immigration judges and ensuring that each person has a fair day in court before an immigration judge would also eliminate some of the greatest damage done by the failure to follow through on prioritization.
  • ICE must re-consider its partnerships with LEAs. Additional data collection and analysis is necessary to determine if LEAs are misusing their authority and intentionally casting a wide net to increase the numbers of deportations. ICE must also strictly enforce their own enforcement priorities within these partnerships and ensure that persons convicted of serious crimes are truly prioritized.
  • ICE must rewrite its detainer guidelines to ensure that detainers are issued in line with ICE’s own enforcement priorities, and that ICE agents, LEAs, and persons on whom detainers have been issued are aware of their rights and responsibilities with regard to the detainer.
  • States and localities must be dissuaded from passing legislation and/or policies that interfere with ICE’s ability to enforce immigration laws and abide by the agency’s priorities.

Published On: Tue, Nov 09, 2010 | Download File

http://www.immigrationpolicy.org/special-reports/ice%E2%80%99s-enforcement-priorities-and-factors-undermine-them

Tuesday, November 9, 2010

Campaign forms in San Diego to halt ICE raids

By Rocky Neptun
OB Rag
November 9, 2010

Roaming through neighborhoods they were the enforcers of ethnic purification. Their unspeakable atrocities against human beings in the name of the law still lacerate our sense of humanity. And while the ends of their sickening purposes still surface occasionally in places like the Sudan, Rwanda and Bosnia; their means continue to be used as weapons against targeted peoples like today’s Department of Homeland Security thugs.

In Los Angeles, a young girl, 15 years of age (the same as Anne Frank when she died in the camps from typhus), is knocked to the floor, terrorized and forever scarred by fear as Federal Immigration and Custom Enforcement (ICE) agents, dressed in black, wearing helmets of steel and thick plastic, their bodies encased in leather and metal, looking like robo cops, bust in the door of her home, brandishing shotguns and automatic weapons.

Bleeding, sobbing hysterically, (like millions of Jewish children in the dark times, when the world ignored the government’s technique of national law enforcement); she watches as her father is beaten to the ground, hand-cuffed and shoved through the front-door. Her mother, screaming, crying, is tackled by big men, drug by her hair as she struggles to get near her horror stricken daughter.

Child services takes her into “custody;” her parents are off to be concentrated in camps. For the crime of attempting to secure a decent life for their daughter; they will be branded as criminals against the state, threats to “the fatherland’s (homeland) security,” and deported.

In Grand Island, Nebraska, a single-mother, working at the Swift packing plant, in obvious pain from the plastic cuffs, screams to the crowd as she is pushed toward waiting ICE police buses with whited-out windows, for someone to please pick up her daughter from school. Meanwhile, a school bus driver, later that day, has to drop two toddlers off at a church because their parents were seized and failed to pick them up at the bus stop.

‘Stop the ICE Raids’ Movement Develops in San Diego

As federal troops intensify their attacks on migrant families, including the largest Gestapo type raid on a workplace in San Diego County history with over 50 armed agents participating October 14th, in an industrial section in Otay Mesa, near the border with Mexico, community groups, church organizations and individuals are organizing a bloc of citizens of conscience who are calling for an end to “state sanctioned terrorism.”

Forty-one workers were seized at the S&S Bakery, more than half its employees. Whole families were snatched in subsequent home invasions. At a November 3rd community forum, sponsored by the American Friends Service Committee, a Quaker group, three young Latina students tearfully recounted how their parents were taken and the effect on their families. Some employees had worked at the bakery for 9 years and their children are legal citizens who must now face life without financial support.

Also supporting the forum, where workers and family members testified to their plight was the San Diego Raza Rights Coalition who sponsored the dialogue “to demonstrate our solidarity with the families and to deepen our understanding of the government’s strategy that represses workers right to work.” The theme of the forum was “working is not a crime, it is a right.” Bags and boxes of groceries, diapers and paper goods were collected at the meeting; while the AFSC calls on the community at-large to continue to donate food and money to these beleaguered families.

Meanwhile, over 300 San Diegans joined a rally in support of immigrant families in City Heights November 5th. Two-thirds of those protesting were young people and half of those were teenagers, revealing how these targeted raids are radicalizing a whole generation of Latinos.

Most of the youthful speakers, bellowing through a mega-phone, not only called for the ICE raids to stop but called for amnesty. Maria Ayala, of San Diego Pro People Youth, announced that the rally in City Heights was ironic, “this gentrified community used to be our community.” A member of the Filipina organization, Affirm, announced that “if any one is good enough to work here, they are good enough to stay here.” Enrique de la Cruz, of the San Diego Zapatista Collectivo, spoke of the need to change the entire economic model, “for a few people to be rich, a whole lot of us have to be poor.” Calling the workplace invasions “racist raids,” members of San Diego State’s Students for Solidarity with Palestine, spoke in solidarity those victimized the U.S.’s war on immigrants. Others student groups called for an immediate moratorium on all raids, deportations, incarcerations and the separation of families.

Amnesty Will Help All Workers

Justin Akers, a professor at San Diego City College, a community forum several months ago outlined the history of the United States’ “war on immigrant workers.” He spoke of the growing public movement to expose the terrorism occurring in local communities which has “impacted thousands of lives, broken families and literally shut down entire towns.”

While he mentioned the “deep roots of anti-Mexican racism,” Akers suggested that the police state persecution of immigrants was more about “a means of controlling people.” He pointed out that immigrant workers are the fastest growing segment of union efforts in the country and that most ICE raids have occurred at factories and packing facilities that are in the process of being unionized. Five of the six Swift & Company meat packing plants raided, netting over 1,300 workers, were represented by the United Food and Commercial Workers Union (UFCW). The sixth was in the process of becoming unionized.

While the use of Federal troops for union busting goes back to the 19th Century in the U.S. it has never occurred on such a scale or as part of an over-all specific strategy against a minority group by powerful interests. Across the board from the militarized nature of law enforcement to the courts; an actual conspiracy against labor exists, not just migrant workers. Injunctions against the raids are routinely turned down, while union lawyers are denied access to arrested workers.

Corporate oligarchs fear a growing Latino union movement, with their cultural strengths of familial and community bonds, its solid sense of solidarity: influencing large, staid, self-interest driven unions. And, as New America Media associate editor, David Bacon, points out, these brutal raids and persecutions in immigrant communities have one fundamental political purpose to create a vast exploitable, cheap labor pool of close to 600,000 “guest workers.”

Beginning in 1942, a similar program recruited temporary immigrants who were exploited, cheated and deported if they tried to organize a union, go on strike or advocate for decent wages or living conditions. Like China’s rural slave labor, transported to the city to live in squalid conditions and work in dangerous environments, the “Bracero” program allowed employers to drive down wages against U.S. workers, and was finally ended in 1964 after Ceasar Chavez and other Latino organizers fought it.

As researchers for Project Censored announced in a 2008 study, “the demand for undocumentated labor in the US economy is structural.” With the de-unionization of the workplace and heavy emphasis on subcontracting, which shields large employers against worker protections and responsibilities, immigrant workers have become a necessary component of US competitiveness in a world market.

Carlos Pelayo, a local organizer for the United Domestic Workers of America, spoke of the efforts of corporate employers to create a two-tier caste system, where millions of people are denied decent wages, social benefits and fundamental rights. He urged community residents to begin thinking beyond “ethnicity” to a general worker consciousness.

Another community meeting is scheduled November 16th to support the rights of immigrants. Under the banner of “stop the raids and repression in our communities” the City Heights gathering will be at the Activist Center, 4246 Wightman St. The human rights get together will focus on three areas. (1) Education and information – organizing “know your rights” events in City heights and other places ICE regularly harass immigrants. (2) Community defense – the formation of a local defense committee to be called the Comites de Defensa del Barrio in City Heights and (3) to discuss the organizational structure of Puente Arizona and their people’s assemblies and defense committees.

Now that the “war on terror” has become a “war on immigrants” all people of conscience need to step forward and support amnesty. Herding people into concentration camps, separating and destroying families, shipping people off to countries they have never known or speak the language, making the workplace a place of fear and intrigue, these are issues the family and friends of Anne Frank faced during the nightmare of fascism, lets not let it happen in the United States or our children will be stained by our lack of moral authority and compassion.

http://obrag.org/?p=27198