Category Archives: Local Immigrant’s Rights

Vermont Police Relieve Tensions with Immigrants

Too often, when local law enforecment begins attempting to enforce federal immigration law, there is a “chilling effect” in the local immigrant community. What this means is that local immigrants are much less likely to report crimes, even when they are victims, because they fear local law enforcement. They stop seeing local officials as protectors of public safety and begin to see them as something to fear.

This is one of the problems with the so-called 287(g) program, which trains local police to enforce federal immigration law. Immigrants are pushed into the shadows, fearing local officials. Even when immigrants are victims of violent crimes, they are hesitant to go to police.

That is why I was so excited to hear the decision of Vermont Police to not investigate the immigration status of three migrant farm workers who were assaulted and robbed earlier this month.

“This was the first time we had confronted a situation like this,” said Col. James Baker, director of the Vermont State Police. “We decided that, as far as pursuing the investigation of this case, we would not actively pursue the immigration issue.”

The issue arose when the owner of a North Hero farm told police that on the night of Sept. 5, one of his workers was accosted by armed assailants looking for cash and who then robbed several other workers at the employee’s residence. Police said two South Hero farms were hit in the same manner that night and one the following night in Alburgh.

“We do not want to discourage anyone who is a victim of a crime from reporting that crime,” Baker said. “To do otherwise is to put these people in a higher position to be victimized.”

Very well put. I hope that others can see the importance of this small step by Vermont Police. If we are truly trying to improve and protect our communities, we must make sure to protect all involved – and sometimes this means protect the most vulnerable.

Tennessee’s 287(g) Under Fire

In July, I posted on the story of Juana Villegas de La Paz, a woman arrested during a routine traffic stop in Tennessee. Jauana was forced to give labor while shackled to her bed, under the measures of the 287(g) local law enforcement agreement in Tennesee.

The 287(g) program trains local law enforcement to enforce federal immigration law. The result is abuses of power like the case of Juana Villegas. Well, now Tennesseans are taking note of the injustice being caused by the program.

The local paper “The Tennessean” recently ran an article calling for more “common sense” in the program’s approach to immigration enforcement.

The program has had its successes. In the first 12 months, 3,000 arrestees were found to be here illegally; most of those individuals were later deported or otherwise left the city.

But only 19 percent of those were charged with felonies — homicide, rape, aggravated assault or armed robbery — the type of serious crimes that led to the program. Most arrestees had committed traffic misdemeanors, and only 38 percent had previous arrest records, again mostly misdemeanors.

 

The low point for this program occurred in July, when Juana Villegas, a foreign-born pregnant woman arrested on careless-driving charges, was shackled to a hospital bed during part of her labor. She was restrained specifically because she was suspected of being an illegal immigrant. The charges were later dismissed, but the outcry from human-rights groups and widespread publicity over her treatment led Sheriff Daron Hall to change the rules. Pregnant inmates now will be restrained only if there is credible information that they might try to escape or present a danger to themselves or others.

Good steps, but it shouldn’t take Amnesty International and The New York Times to bring common sense to the process.

Common sense is what leaders of Nashville’s immigrant community and members of the Sheriff’s Immigration Advisory Committee are calling for. The committee, required under terms of 287(g), has urged the sheriff to set guidelines for which arrestees undergo interrogation, instead of subjecting to it anyone who is foreign-born.

And an op-ed appeared the same paper criticizing the program. The author, the President of Nashville’s Hispanic Chamber of Commerce, points out that the program’s consequences were known to officials prior to implementing the measures.

I have watched as non-criminal immigrants in our community have been shackled, detained and deported after brief, sometimes random contact with Metro police. When those smart men gave 287(g) their endorsement, they knew the impact that this policy would have on immigrants. How could they not have known that immigrants would become terrified of turning to police? That a segment of the community would become gagged accomplices to criminality out of fear of deportation?

Politicians and law enforcement officials must also have known that police resources and jail space would be redirected toward arresting and detaining harmless immigrants who had done little aside from leaving the house without a photo ID. In fact, our flawed system would not allow one to be issued to a certain class of people; among them, people lawfully admitted to the country.

This is a perfect example of why a piece-meal approach to immigration reform will never be effective. Until Just and Humane Comprehensive Immigration reform is passed, expect to see more injustice of the sort in Tenneessee.

Day Laborer Ordinance to be Voted on in L.A.

Today, the Los Angeles City Council will vote on a ordinance that requires big-box home-improvement stores, like Home Depot, to protect order and safety when day-laborers gather in their parking lots, looking for work.

There is an editorial in today’s New York Times that nicely summarizes the ordinance and why its passage would be a positive step for Los Angeles.

The immigration system, as it is currently malfunctioning, creates lots of problems. Solutions tend to be hugely ambitious and unrealistic — like restrictionists’ calls to lock down a 2,000-mile border and deport millions. Los Angeles’s proposed ordinance to require more orderly hiring sites for day laborers is a small measure that makes a huge amount of sense. We hope the Council approves it.

 

The ordinance is primarily aimed at Home Depot, which has 11 stores in Los Angeles and would like to open at least a dozen more. It would require new or renovating stores to have a plan for what to do when the day laborers show up, as they almost always do when Home Depot moves in.

Like any land-use law governing things like parking-lot lighting, curbs and sidewalks, the ordinance treats milling crowds of laborers and idling trucks as an integral fact of Home Depot’s business that should be managed before it becomes chaotic and hazardous. The solution is basic prevention, and could be as simple as setting up an area somewhere on store property with shade, toilets, drinking water and trash cans.

Opposition has erupted from the usual camps. Not all day laborers are undocumented immigrants or even immigrants, but a lot of them are, and the thought of doing anything that would make their lives easier makes some restrictionists howl and clutch their chests. “Lounges for Laborers?” one headline read.

The ordinance is as much for Home Depot’s customers and neighbors as it is for laborers. Nobody likes parking-lot free-for-alls. And lawlessness goes down, not up, when a hiring site imposes order on the ad-hoc day-labor market.

The immigration system, as it is currently malfunctioning, creates lots of problems. Solutions tend to be hugely ambitious and unrealistic — like restrictionists’ calls to lock down a 2,000-mile border and deport millions. Los Angeles’s proposed ordinance to require more orderly hiring sites for day laborers is a small measure that makes a huge amount of sense. We hope the Council approves it.

I will definitely keep you guys posted as soon as I hear the decision.

State and Local Round-up

  • North Carolina: The arrest of a librarian in Alamanc county is drawing criticism. There is speculation that local law enforcement is combing through medical records at the Alamance Health Department in order to crackdown on undocumented immigrants.

  • Nebraska: After hours of tense debate, Fremont’s city council votes down and anti-migrant bill. The proposal would have required contractors and employers who got licenses, permits or loans from the city to participate in the E-verify program to electronically verify a job applicant’s immigration status.
  • California: California may become the latest of several states to put restrictions on an online system that attempts to verify whether a job applicant can work in the U.S.

Sherriff Joe Arpaio Honored to be called KKK

Sherriff Joe Arpaio has employed tough tactics to combat undocumented migrants in Maricopa County, Arizona. In fact, Arpaio’s tactics are seen by many as blatant racial profiling.

Last week, a class action lawsuit was filed against Arpaio and the local police department. The claims of racials profiling include the case of two American citizens, a brother and sister, who were taken from their car at gunpoint, handcuffed and verbally attacked by deputies who seemed to be basing their assault on the fact that the pair were listening to music on a Spanish-language radio station.

Arpaio, a self-proclaimed tough guy, denies any racial profiling. However, check out the video below. Its a brief clip of Arpaio’s appearance on Lou Dobbs Tonight and I think its pretty indicative of the real situation in Arizona.

Hartford Considers Restriction to Make Community Safer

In Hartford, CT, local officials are considering a measure that would would prohibit police and other city agencies from inquiring about a resident’s immigration status in most situations.

When local police aim to enforce federal immigration laws (under the law known as 287(g)), immigrants (both documented and undocumented) fear police and don’t report crimes, even when they are victims. This fear of law enforcement and lack of cooperation causes crimes to go unreported and as a result makes communities less safe. It also makes immigrant communities extremely vulnerable.

In addition, when local police act as federal law enforcement, resources are taken away from real public safety issues -

Hartford has real issues to deal with,” said [councilman} Luis Cotto, a Working Families Party member. “Hartford does not have the luxury to have its police act as federal law enforcement officers.”

The proposal in Hartford is similar to a measure passed in New Haven, where officials took the measure a step further, issuing a city-wide ID card.

Kica Matos, administrator of New Haven’s Community Services Department, said 6,600 residents have received the identification card, which celebrates its first anniversary Thursday.

“Our experience in New Haven is the ID card and the general order have made people in the immigrant community feel safer and more willing to cooperate with the police,” she said Monday at the end of a trip to California where she advised officials in several cities, including Los Angeles, about how to create the cards.

The proposal comes in the wake of last year’s raids on a Brazilian community in Hartford. While police were looking for a murder suspect, twenty-one alleged immigrants were detained and panic spread through the Brazilian community.

The new proposal will help to quell the panic and fear that the raids instilled in the immigrant community and will in turn, make the community more likely to cooperate with local law enforcement. It also goes a bit further, by offering social services to all city residents, regardless of status.

Though the proposal is still being considered, Mayor Eddie A. Perez has spoken out in support of the measure.

State and Local Round-UP

  • NC: 287(g) Up and Running in Hendersonville - Henderson County Sheriff’s Office Deputies arrest three undocumented immigrants on Tuesday, the first day their new 287(g) program began. Click here for article.  
  • MO: New Legislation Targets Illegal Immigration Gov. Matt Blunt signed legislation Monday that creates new restrictions on immigrants and new requirements for businesses that employ them. Lawmakers passed the bill on the final day of their annual session under a threat from Blunt that he would call a special session if no bill were passed. Click here for article.
  • VA: The Examiner: Montgomery declines police support to federal agents on immigration raids: Montgomery County is the only county in the Washington area that wouldn’t automatically provide local police protection for federal agents conducting a workplace immigration raid. In Anne Arundel County, local authorities sent 50 police officers for a recent raid that netted dozens of suspected illegal immigrants last week. Click here for article.
  • CO: the Denver Post, Immigrant-Rights Groups Plan Massive Rally - A coalition of immigrant-rights advocates plans to hold a massive parade and rally during the Democratic National Convention. Click here for article.
  • KS: The Wichita Eagle, High Court Rejects Tuition-Law Case – The U.S. Supreme Court has refused to review a case challenging a 2004 Kansas law allowing some illegal immigrants living in the state to receive in-state tuition to public universities and colleges. Click here for article.

State and Local Round-up

  • IA: AP: Workers: Problems persist at Agriprocessors  – Following the largest workplace raid in U.S. history, little has been done to improve the horrible working conditions at Agriprocessors in Postville, Iowa. Click here for full article.

 

  • MD: Authorities Detain 45 in Immigration Raid at Painting Company – The Washington Post article detailing this week’s raid at Annapolis Painting Services. Click here for full article.

 

  • TX: Dallas News: Judge stalls border fence at UT Brownsville – The Border Fence proposal has been put on hold – for now. Click here for full article.

 

  • VA: 287(g) goes into effect in Prince William County – The memorandum of agreement with the Department of Homeland Security officially began this week in Virginia. Click here for full article.

 

  • MS: Hattiesburg: Employers set to use E-Verify - Mississippi employers prepare to begin use of the flawed E-Verify system. Click here for full article.

 

  • AZ: Immigration Initiatives Don’t make the November Ballot - :) Two anti-migrant measures will not be included on November ballots! Click here for full article.

 

State and Local Round-up

AZ: 28 Arrested in Mesa Sweep: More than 230 law officers swarmed the streets of Mesa on Thursday, with Maricopa County sheriff’s deputies looking for criminals and undocumented immigrants while local police monitored the deputies. Click here for full story.

TX: Employer Arrests Could Follow Immigration Raid: Speculations that Action Rags USA (the company raided) could be subjected to a criminal investigation. The article also contains some criticisms of the raid. Click here for full story.

VA: Loudon County Enters into 287(g) Agreement: The Loudoun County Sheriff’s Office announced last Tuesday that they have entered into a formal agreement with ICE under section 287(g). Click here for full story.

State and Local Round-up

Arizona - Court ruling clouds use of E-Verify – The 9th U.S. Circuit Court of Appeals on Monday ruled that discrepancies found in “no- match” letters the Social Security Administration sent to Aramark, the employer in the 2003 case, “does not automatically mean that an employee is undocumented or lacks proper work authorization.” Read full article here.

Kansas - ‘Failed’ federal policy costs $1M – Taxpayers spent upward of $1 million and thousands of eligible Kansans lost their health insurance because of federal anti-illegal immigration rules that ended up catching one illegal immigrant trying to apply for health coverage, officials said Wednesday. Read full article here.

North Carolina - Immigration bills stall despite push – Only two laws related to immigration are likely to pass the General Assembly this year despite increased pressure from activists on the topic, legislative leaders said Wednesday. Read full article here.

Virginia -  Hearing looks at those who immigrate – Article on the Hearing in Roanoke VA. Read full article here.

Texas - Harris County jailers will train at ICE center –  The Harris County Sheriff’s Office plans to send nine jailers to Glynco, Ga., in August for special immigration training that will allow them to question inmates about their immigration status and hold them for federal agents, officials said Tuesday. Read full article here.