Category Archives: Immigrant Rights

The Growing Human Rights Crisis on the Northern Border

For three years, OneAmerica community organizers had been hearing about the fear and mistrust border residents harbored toward U.S. Border Patrol. Residents living in Snohomish, Whatcom, and Skagit counties were too afraid to go to the courthouse to pay a fine, too mistrustful of the authorities to call 911, or too fearful to leave their home to attend church or go to the grocery store.

How could they become active participants in their communities if they were too scared to leave home?

Organizers interviewed residents in their homes, at work, and in church. We researched and observed how U.S. Border Patrol’s funding soared, its jurisdiction crept further and further inland, and how its role in the community became virtually indistinguishable from local police and 911 emergency service personnel.

Download the Executive Summary (2MB pdf)Download the Executive Summary

 

Download the full report (5MB pdf) Download the full report

OneAmerica compiled this research into a report and, in April 2012, released The Growing Human Rights Crisis on the Northern Border, which truly demonstrates the transformation of these border communities in the wake of the post-9/11 buildup of U.S. Border Patrol activity in the area.

The report shares the findings from 109 on-the-ground interviews with mothers, fathers, workers, and students. The majority of stories are marked by fear, mistrust, harassment, and abuse. They are rooted in specific—and avoidable—patterns of practice implemented by the U.S. Customs and Border Patrol (CBP), working in close coordination with Immigration and Customs and Enforcement and local law enforcement agencies.

In particular, Growing Human Rights Crisis calls attention to three interrelated patterns of practice:

  • First, in its own independent operations, the Border Patrol engages in systematic profiling of religious and ethnic minorities.
  • Second, collaboration between Border Patrol and other agencies, including local law enforcement, emergency responders, and the courts, results in a confusing and dangerous fusion where vital services are perceived as immigration enforcement.
  • Third, these first two patterns result in a third: U.S. Border Patrol’s behavior and dangerous partnerships with other agencies have created extensive fear and mistrust, leading to community members’ unwillingness to call 911, access the courts, and even to leave their house to attend worship services or fulfill basic needs.

We believe firmly that we must not trade away our rights for security. Documenting what is happening allows us to educate our policy makers so we can push together to change the situation. Our report offers policy recommendations aimed at correcting these wrongs while still protecting our borders, improving the ability for CBP to carry out its mission, and protecting the safety and rights of all who live in these communities.

This report is the product of a unique three-way partnership between OneAmerica, theUniversity of Washington Center for Human Rights, and the residents and leaders of these border communities. It culminates the first stage of a long process of organizing, educating, and empowering northern border communities to defend their human rights.

Alabama again at forefront of civil-rights issue

Last month we participated in the re-enactment of the 1965 civil-rights march from Selma to Montgomery, Ala. This year, the march took on a whole new meaning — and issue — as Latinos and immigrants’ rights activists joined in.

During the civil-rights era, events in Alabama raised our hopes and fears about the state of America’s creed that this is a country “with liberty and justice for all.”

We traveled to Alabama because last year Alabama passed HB 56, the worst anti-immigrant law in the nation. HB 56 orders public schools to demand immigration papers from children when they enroll, it shuts off municipal water service to customers who lack legal immigration status and it requires local and state police to demand proof of legal status (supposedly without engaging in racial profiling).

HB 56’s most draconian provisions are on hold, temporarily enjoined by a federal court. On April 25, the U.S. Supreme Court will hear oral arguments on the propriety of injunctions issued against the law in Arizona (SB 1070) that inspired HB 56. The Alabama Legislature has before it bills to either repeal HB 56 or rework its most decried provisions.

Our experiences in Alabama reminded us that the colonies — and the United States that they became — took 250 years and a civil war to eliminate government-sanctioned slavery. Until 1868, Africans and African-Americans on U.S. soil were not considered citizens. It took another century-plus to establish that African-Americans are entitled to equal access to voting, to public services and to public spaces.

America — and Alabama — was a very different place in March 1965. An all-white state police force savagely beat 600 marchers as they nonviolently stood their ground on the Edmund Pettus Bridge in Selma, the first stage of their pilgrimage to the Alabama State Capitol in Montgomery.

Forty-seven years later, national leaders, local and national elected officials crossed that bridge, leading thousands of others, assisted by Alabama State troopers — many of them African-Americans. U.S. Rep. John Lewis, who co-led the 1965 bridge crossing, denounced HB 56 as an affront to civil rights and un-American. Other iconic leaders of that era stood at his side and added their voices.

Senator Schumer Urges DHS & ICE to Grant Working Status to Immigrants with Immigration Cases Closed Under Obama Action

Today, U.S. Senator Charles E. Schumer urged the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to give a one-year “deferred action” legal status to immigrants whose court removal cases have been administratively closed under new immigration initiatives. This “deferred action” legal status would give a small group of non-criminal immigrants the ability to work while the deportation of higher priority criminal cases are processed first, which is expected to take over a year.

About 40,000 non-criminal immigrants with close family ties in the United States are expected to see their cases closed in immigration court in the coming months, which will likely delay their eventual deportation for over a year. Schumer is pushing for these immigrants to be granted a temporary legal status for that time, so that these individuals can work and pay taxes. Schumer also noted that this legal status would allow DHS and ICE to use their limited resources effectively, by minimizing the chance that immigration proceedings will be repeated for immigrants whose cases have already been closed.

“Given our scarce enforcement resources, it is critical that we prioritize the deportation of criminal immigrants, and de-prioritize the deportation of non-criminals with significant family ties and long time residence in the United States,” said Schumer. “For that small percentage of individuals who meet this criteria, it is only practical to provide them with actual relief that encourages them to contribute to the country rather than remaining in the shadows in a state of legal limbo. The administration should grant these individuals status for a period of one year, so that they can legally work and support themselves and their families while still residing in the U.S., all while clearing out courtrooms for higher priority criminal immigrant cases.”

In April 2011, Schumer urged DHS and ICE to use their limited resources to prioritize criminal deportations and de-prioritize non-criminal deportations, and the administration took that course of action in June 2011. Since announcing a plan to use prosecutorial discretion in non-priority removal cases, ICE has conducted pilot programs in the Denver and Baltimore immigration courts. Of nearly 12,000 removal cases combined, 1,667 were administratively closed for non-criminal immigrants with strong family ties, pending a background check. Nationwide, approximately 40,000 immigrants could see their cases closed in this way under the administration’s plans, and would remain in the United States for at least one year as the deportation of higher priority criminal immigrants is processed first. Schumer is urging authorities to allow this small group of immigrants to be able to spend this year in the U.S. in a productive manner by working and paying taxes.

Schumer was expected to present the letter to ICE Director John Morton in person at a meeting scheduled for Tuesday afternoon. Schumer stated that granting “deferred action” legal status after the administration closes a removal case would help to ensure that those same immigrants are not subjected to repeated court proceedings because their status cannot be verified. Without a legal status, even after an immigrant’s court case is closed by the administration, ICE could end up repeating investigations of this low-priority individual. Schumer stated that these duplicative investigations would be a drain on already limited federal resources, which should be directed at high-priority criminal deportation cases.

U.S. Citizenship and Immigration Services Takes Steps to Improve Noncitizens’ Access to Legal Counsel

During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration agencies. Tuesday, in response to calls from the American Immigration Council and the American Immigration Lawyers Association, the U.S. Citizenship and Immigration Services (USCIS) issued immediate, comprehensive changes to their policies to ensure an appropriate role for attorneys in the immigration process.

Many noncitizens are forced to navigate the immigration process without representation because they cannot afford an attorney.  But even persons who can afford one, or are represented by a pro bono attorney, have at times faced severe restrictions on their representation.  This is particularly troublesome given the significant power USCIS officers wield.  For example, they decide whether a noncitizen is entitled to stay in the U.S. or not.  The assistance of an attorney well versed in the complexities of immigration law can help safeguard the rights of these noncitizens and ensure just outcomes.

By revising its guidance, USCIS has responded to some of the most serious access concerns.  For example, the new guidance provides that an attorney generally may sit next to his or her client during an interview, may be permitted to submit relevant documents to the USCIS officer, and may raise objections to inappropriate lines of questioning.

The American Immigration Council looks forward to commenting on the new guidance and working with the agency to make sure it is followed.  The other immigration agencies – Customs and Border Protection and Immigration and Customs Enforcement – should take note of USCIS’s commitment to improving access to counsel and take similar steps to recognize the meaningful role that attorneys play in protecting noncitizens’ rights.

To view the guidance see:

This entry was contributed by the American Immigration Council.

FIRM leads thousands in Montgomery march against HB-56 at conclusion of Immigrant National Convention

On Saturday, December 17, more than 2,500 people gathered at the Alabama State Capitol and marched to the Governor’s Mansion to denounce HB56 and support its repeal.  The march marked the conclusion of the Immigrant National Convention, organize by the Fair Immigration Reform Movement (FIRM) and hosted by the Alabama Immigrant Justice Coalition (ACIJ).

GOP Takes Immigrant Bashing from Alabama to Capitol Hill

Republicans have been proudly flaunting the severe anti-immigrant law in Alabama as a good thing, because it seems to be having the effect they wanted. The law is literally forcing hardworking immigrant families to pull their children out of schools and flee the state.

The GOP’s immigrant bashing continued yesterday, this time on Capitol Hill during a hearing on the Obama administration’s recent decision to show “prosecutorial discretion” in deportation cases. Immigration rights groups have hailed the decision as a first step in the fight for fair immigration reform.

Fair immigration reform is needed so people like the father of Abraham Almanza won’t be separated from their families.

But Committee chairman Lamar Smith called the new rule “backdoor amnesty,” and said that the Immigration and Customs Enforcement’s decision to focus only on priority cases is “just a slick way of saying we don’t want to enforce immigration laws.”

Smith’s views, like many of those in the Republican Party on immigration, continue to be shameful. When ICE Director John Morton told the panel that in the fiscal year that just ended, 397,000 undocumented immigrants had been deported, Smith did not seem to get that of that number, 187,000 had no criminal records.

“ICE has shown little interest in actually deporting illegal immigrants who have not yet been convicted of what they call ‘serious’ crimes,” Smith said, according to a published news report.

Smith is basically saying all undocumented immigrants are guilty of criminal activity. And isn’t that what Alabama lawmakers think as well?

FIRM Blasts Alabama Judge For Upholding Outrageous Immigration Provisions


Ruling Shows Why Congress Must Act Now to Fix Immigration System

The Fair Immigration Reform Movement today blasted an Alabama judge’s ruling that upholds harsh immigration provisions that are unfair to immigrants.

In her ruling yesterday, U.S. District Court Judge Sharon Lovelace Blackburn refused to block the toughest provisions of the law, H.B. 56. Now, undocumented immigrants in Alabama must carry documents required by federal law, and police have the authority to determine the immigration status for anyone they stop, detain or arrest.

Also, Alabama public school officials have to determine whether school children were born outside the United States or are children of undocumented immigrants.

“Alabama’s law gives police the right to racially profile people and sends a message to all immigrants that they are being singled out,” said FIRM spokesperson Marissa Graciosa. “This law will do nothing to create fair immigration laws. Congress must act now to fix the immigration system before more states follow Alabama’s terrible example.”

“In Alabama, immigrant families are now scared of being out in public or sending their children to school,” Graciosa said. “Many left their native countries because of similar fears from the police. It’s a disgrace that in the United States, people are made to feel like criminals because of their nationality.”

“Congress’s refusal to act on this issue has signaled to states that it’s OK to create their own policy on immigration,” Graciosa said.

Fair Immigration Reform Movement Condemns ICE Raid in Tennessee


Immigrant Leaders Under Attack for Speaking Out

The Fair Immigration Reform Movement condemns the raid by Immigration and Customs Enforcement agents on brave members of an immigrant rights group in Shelbyville, Tenn.

The raid occurred last week at the homes of members of Latinos Unidos de Shelbyville, after several of them spoke out publicly on the apparent abusive practices of the local law enforcement agencies and ICE.

“The raid is clearly an act of retaliation and intimidation by law enforcement officials,” said FIRM spokesperson Marissa Graciosa. “ICE launched these raids days after these community members released a report that detailed the abuse they apparently have endured at the hands of law enforcement.”

FIRM joins with other groups in calling for ICE to end these raids, and for the Justice Department to look into the allegations of abusive practices detailed in the report “The Forgotten Constitution.”

To read the report, go to:http://www.tnimmigrant.org/storage/The%20Forgotten%20Constitution.pdf

Obama Administration’s New Deportation Policy Step in Right Direction But Immigration Rights Groups, Rep. Gutierrez, Say More Must be Done


National Conference Call Held to Discuss Policy’s Impact

Immigration rights groups and Rep. Luis Gutierrez (D-IL) said the Obama Administration’s decision to suspend deportation proceedings for law-abiding immigrants is a step in the right direction but more must be done to achieve true immigration reform.

A national conference call was held Tuesday night in English and Spanish to spell out exactly what the administration’s new deportation policy means for immigrants. Rep. Gutierrez, the Fair Immigration Reform Movement, Reform Immigration FOR America, the Coalition for Humane Immigrant Rights of Los Angeles, United We Dream and others participated in the call.

“I will not stop with this announcement. Let’s keep working to get immigration reform and help more people and benefit our nation,” Rep. Gutierrez said on the call.

David Leopold, President of the American Immigration Lawyers Association, emphasized that the policy does not grant amnesty or allow for work authorization. He and Rep. Gutierrez warned immigrants to be wary of unscrupulous lawyers who try to take advantage of immigrants.

Gutierrez will be launching a nationwide information campaign to explain what the policy means. He hopes the campaign will help educate immigrants on the U.S. legal system and how to navigate it without being duped.

Angelica Salas, executive director at the Coalition for Humane Immigrant Rights of Los Angeles, reminded listeners to continue to tell Obama that change takes courage and to call the White House at (866) 998-2910 to thank him for this policy decision.

“We must thank the President and ask him to do more, but we must also defend this victory and keep ICE accountable,” Salas said. “We must ask for proof that these new guidelines are implemented and that fair, just and humane immigration policies continue to be approved.”

Finally, Progress! But the Work Continues.

Last week marked a big step forward in our fight for fair immigration rights in this country. But although the Obama Administration said it would halt efforts to deport immigrants currently in deportation proceedings who have not been accused of serious crimes, including DREAM students, we still have a lot of work to do.

We encourage you to thank and support the Administration’s decision by calling the following numbers to the White House:

For English speakers: (866) 998-2910

For Spanish speakers: (866) 996-5161.

We must remember that Republicans will try more than ever now to stifle the promising hopes of the new policy. That’s why we need as many pro-immigration voices to be heard, so please call the numbers above.

Under the new policy, the Department of Homeland Security will individually review pending deportation cases and categorize them into low-priority or high-priority divisions. This means that immigrants who pose no threat to public safety will get the opportunity to remain in their adopted country.

This was originally posted in the blog of the Campaign for Community Change.