Arizona legislators want unlawful presence to be a felony crime

From an interview with Jennifer Allen, executive director of Border Action Network, on legislative developments in Arizona.

Arizona’s ‘False Leadership’ on Immigration Policy - New American Media

What would the Illegal Aliens Enforcement and Trespassing bill entail?

It has two components to it. The first part is that the bill would prohibit any city, country or town of the state of Arizona to adopt any kind of policy that would limit the enforcement of federal immigration laws to the full extent permitted by federal law.

In the legislature, they’ve been talking about this as trying to attack these so-called sanctuary cities in the state of Arizona, of which there are none. At all. We have a couple of police departments around the state, Tucson, Phoenix, Chandler, that have police policies that provide protections to victims and witnesses of crimes, that if they are undocumented, immigration will not be called.

The other piece of the bill – I think it would be the first one in the country – would say that anyone who is on public or private land in the state of Arizona could be charged with a felony, with criminal trespass, if they cannot prove that they are in the country legally.

Essentially it would become this statewide racial profiling law, where law enforcement sees somebody who, completely based on their appearance, they think may not be in the country legally, they can go up and ask them to prove their lawful presence in the country. And if they can’t prove it, the state can then charge them with criminal trespass.

What are the arguments behind this bill?

There are two really disturbing and shameful statements. One is that Russell Pearce thinks that the Border Patrol is simply too effective. They pick people up, and then they’re so promptly deported that they never serve any time in the state of Arizona. So he wants people to be picked up and sent off to Joe Arpaio’s tent cities or other county or city jails, and then handed over to immigration. And last year, the Phoenix Police Officers’ Association had said that they liked this bill because it would give them “preventative police powers.”

SB 1175, as grossly unconstitutional as it seems -– I mean it kind of destroys the notion of probable cause for stopping and questioning people -- this bill is moving quickly through the legislature. It was heard in Committee on the 10th, and by the 15th it passed the entire Senate and was passed over to the House.

First plans for NLG Convention in Seattle

The annual National Lawyers Guild Law for the People Convention will be held in Seattle October 14-18, 2009. We just received a tentative schedule, including two workshops co-sponsored by TUPOCC. We are working with our comrades to present Deportation Defense: Representing Immigrant Detainees in Bond Hearings (co-sponsored by TUPOCC, NLG San Francisco Immigration Committee, and National Immigration Project of the NLG) and Women and Migration (co-sponsored by TUPOCC and the Anti-Sexism Committee).

Here are some highlights of the tentative schedule:

FRI October 16

8:30-9:45AM Workshops I

• Comprehensive Immigration Reform
• Out of Africa
• Counter Recruitment Strategies

1:30-2:45PM Workshops II

• Representing Immigrant Detainees in Bond Hearings

SAT October 17

1:00-2:15PM Workshops III

• Immigrants and the Military
• Transgendered and Incarcerated

2:30-4:00PM Major Panels

• Mass Defense: Police Occupation of Communities of Color

SUN October 18

10:45AM-12:00PM Workshops IV

• Responding to Immigration Law Enforcement Abuse
• Gaza
• Women and Migration
• Enhancing Right of Workers to Organize

May 1: March for Just and Humane Immigration Reform

Great flyer for the the DC march coming up this week.

 

3 pm- Gather in Malcolm X Park: 16th and W Streets NW Washington, DC
4 pm- March to the White House

Our Demands:
Stop the Raids and Deportations
Just and Humane Immigration Reform
End the 287g Agreements--No Local Enforcement of Broken Immigration Laws
This is a critical time for the immigrant community. For years, raids and deportations have divided families and terrorized workers. Last fall's election marked a sea change in U.S. politics. Now, President Obama has restated his commitment to immigration reform. We march to make this change a reality--to bring the voices of immigrants into the national debate over what kind of reform we need. Just and humane immigration reform must be a central component of economic recovery. Immigrants are workers who produce tremendous wealth in our society and deserve to be treated with dignity and respect. Please join us on May 1st to say that now is the time to stop the raids and deportations and move towards an inclusive legalization of immigrant workers and families.

Economic crisis yields support for Legal Services funding -- but not for prisoners and undocumented immigrants

Legal Services Corporation Changes Introduced | OMB Watch

On March 26, Sen. Tom Harkin (D-IA) introduced the Civil Access to Justice Act of 2009 (S. 718) that ends the LSC restrictions on the use of non-federal funds, except those related to abortion litigation. "Lifting these restrictions allows individual states, cities and donors the ability to determine themselves how best to spend non-federal funds to ensure access to the courts," said Harkin. The bill also seeks to increase the LSC budget from $390 million to $750 million.

According to a Harkin  press release, the Civil Access to Justice Act would remove "many of the restrictions currently placed on legal tools that LSC-funded attorneys can use to represent their clients. [. . .] In the spirit of compromise, the bill does maintain the prohibition on abortion related litigation as well as many of the limits on whom LSC-funded programs can represent, including undocumented immigrants (with limited exceptions such as victims of domestic violence), prisoners challenging prison conditions and people charged with illegal drug possession in public housing eviction proceedings." The measure would also create a program to expand law school clinics.

On April 7, the Brennan Center for Justice released a fact sheet that shows how the LSC restrictions harm foreclosure prevention efforts. Homeowners who are losing their homes to foreclosure are in need of legal help, yet the legal services available to them are limited and underfunded. The fact sheet details accounts of ordinary Americans and how the LSC restrictions have impacted homeowners in their struggle to keep their homes.

During this time of economic recession, there appears to be strong public support for legal services.  Reportedly, two-thirds of those polled on behalf of the American Bar Association said they favor federal funding for people who need legal assistance.

A Washington Post editorial on March 14 went even further. It asked lawmakers to "unshackle Legal Services from congressionally-imposed restrictions that have kept it from working more efficiently and broadly." For example, unlike most others who represent plaintiffs, Legal Services lawyers who prevail in a civil case are prohibited from seeking legal fees from an opponent. The editorial also called for support of the Harkin bill.

Aarti Shahani on the Obama's DHS pick

formerly of the immigrants' rights community organization Families for Freedom, Aarti Shahani was on DN to add some cautionary words about the "liberal" track records of Janet Napolitano, Obama's pick for Secretary of Homeland Security.

Democracy Now! | As Obama Considers Napolitano For Homeland Security Chief, A Look at Her Immigration Policies as Arizona Governor

I think the salient part of Governor Napolitano as a federal executive as opposed to a state one, is that on the state level she pushed some of the most right-wing agendas on immigration enforcement. She went full speed ahead with the Bush agenda to move them from Federal to local hands. She lobbied for federal money and for federal resources to up immigration and enforcement in Arizona. So now the question is going to be, once she becomes a federal executive, is she going to continue with the same legacy she had on the state level? Is she going to continue to bang the drum saying, we need to get money to states so they can do their own immigration enforcement just like the state of Arizona did? Is she trying to replicate the Arizona model around the country? Or is she going to take pause and say maybe immigration enforcement as the leading strategy on immigration is not the right thing? And I think when you look also at what she’s proposing, I mean, governor Napolitano actually approved the first state level employer sanctioned bill in the country. She believes in a state level guest worker program in the state of Arizona. Now we all know that guest worker programs are not the way to ensure immigrant rights, immigrant workers rights, American workers rights in the coming administration. And so I think that the fact that’s such a cutting part of her agenda is reason to be afraid.

DVD review: "The Visitor" -- from outside to inside immigrant detention

Kirwan Institute Blog

Yusuf Sarfati, Graduate Research Associate at the Kirwan Institute

The debate on immigration, specifically on the conditions and the future of the undocumented immigrants, is a heated topic in the U.S. “The Visitor”, which I watched on DVD last week, focuses on different aspects of this debate. The movie mainly revolves around a friendship between Tarek (Haaz Sleiman), a Syrian drummer, and Walter (Richard Jenkins), an economics professor, in New York City. Towards the end, the movie takes a dramatic turn, when Tarek was put in a detention center because of his lack of immigration documentation after he was held by cops over a trivial issue in a subway station.

From then on the movie explores the problems with the U.S. detention system, such as the isolated nature of the facility that transforms Tarek from a cheerful drummer to an anxious individual, the movement of the detainees from one center to the other without any information provided to the families or friends, the targeted criminalization of the immigrants (Tarek in the movie, like many others in the real world is locked up for an innocent incident in the subway), the lack of training of the officials in the centers to provide basic human needs for the detainees, and the difficulties of finding representation for the detainees in the centers. Tarek in the movie was “fortunate” that his new acquired friend Walter provided him an immigration lawyer.

In addition to the issue of detention, there was a larger discussion in the movie on the role of the immigrants in the formation and transformation of the U.S. national identity.

Uncovering the racism of nativism in the US

Recent reports about the murder of Marcelo Lucero in the TUPOCC Yahoo! group prompted me to ask us to consider how legal activists of color, and our friends, might use critical legal theory and our experiential insights to uncover the racism of US nativism and and change popular understandings of today's anti-immigrant movement.

I referred to a Facing Race conference workshop that some of us attended on this subject last week, and a compañero in New York just mentioned today's Black Alliance for Just Immigration (BAJI)'s conference on Galvanizing our Power for Action: Building Bridges between African-American and Immigrant Communities.

BAJI does great work, and I think we should all learn and talk about the relationship of US racism and nativism. In my Chicanos, Law, and Criminal Justice class at UC Berkeley, I teach about how the US has historically racialized Latinas/os vis-a-vis Indigenous and African peoples. In this post I share some resources and sketch my understanding of the racism of US nativism.

Let's start with the Anglo seizure of Tejas and the US invasion of México in the first half of the 19th century.  

(N.B. Before continuing, it's important to acknowledge that all history is highly complicated, and we have imperfect means from fragmented sources to know the past.  Certainly some Tejano elites joined Anglos in establishing Texas as an independent republic in 1836; similarly, the US-Mexican War had multiple factors.  However, as I have asserted, my critical analysis of these past events has led me to frame them as the Anglo seizure of Tejas y the US invasion de México.)

As many have written, relations between the US and México soured in that early to mid 19th century period.  In particular, numerous influential US congressmen railed against México as a nation of degenerate mongrels and expressed fear about incorporating territories with substantial numbers of them (us, colored folks).

I use a few excerpts to teach about this history, including Chapter Four, "Latinas/os" of Perea, Delgado, Harris, Stefancic & Wildman's Race and Races: Cases and Resources for a Diverse America, 2d ed. (2007), and the excerpt of Ian Haney López's The Social Construction of Race: Some Observations on Illusion, Fabrication, and Choice in Davis, Johnson & Martínez's A Reader on Race, Civil Rights, and American Law (2001).

The important point vis-a-vis conventional ideas about the "black-white binary" of race in the US today is that Latinas/os--particularly Mexicans and Puerto Ricans--in the 19th century challenged the US Anglo imaginary with a somewhat different dilemma than that posed by "the peculiar institution" of slavery.  

Instead of an internal non-white "minority," México y Porto Rico presented the specter of already racially-mixed societies.  And, according to the US Anglo conceptualization of race in the 19th century, the inferiority of a racially-mixed mongrel was even greater than that of a non-white Indian or African.  Contemporary ideas promulgated at that time held that mixing the races produced an inferior breed to any of the "pure" races.  

(Contrast these ideas with the 1990's celebration of multi-racial minorities, or the (re)discovery of bi-raciality.  In turn, understand that always already, folks be hella mixed.  Racial purity is a lie and an invidious illusion.)

From these first moments when the US incorporated of parts of México (starting with Tejas from 1836 to 1845, then including the lands ceded under the Treaty of Guadalupe Hidalgo in 1848 and finally those later acquired in the Compromise of 1850 and the Gadsen Purchase of 1853), the idea of US nativism became even more complexly tied to racism.  Previously the notion of US nativism was already fraught with contradictions given the genocide of Indigenous people and the situation of "native-born" African Americans, who were nonetheless legally excluded from enjoying their (our) human rights, including of course U.S. and state citizenship.

In the two decades prior to the Civil War and Reconstruction, however, the US incorporated a massive new territory inhabited by a substantial new "minority," which demaned an evolution in the means of subordination, i.e., the racialization of "Mexicans," first as "Greasers" (as in the infamous California anti-vagrancy law of 1855) and later as "cheap labor."

A foundational resource for understanding this history is Tomás Almaguer's Racial Fault Lines: The Historical Origins of White Supremacy in California (1994, new edition forthcoming 2008).  Chapter One, "'We Desire Only a White Population in California' - The Transformation of Mexican California in Historical-Sociological Perspective," is particularly useful.  Another useful resource is Gilbert Paul Carrasco's Latinos in the United States: Invitation and Exile in Juan Perea's Immigrants Out! The New Nativism and the Anti-Immigrant Impulse in the United States (1997).  

A new book that I will likely incorporate into this section of my class is Laura Gómez's  Manifest Destinties: The Making of the Mexican American Race (2008), which provides critical insights into this history beyond the California context.  Understanding "Mexican" racialization in New Mexico is particularly important because that region remained a territory for 62 years -- from 1850 to 1912 -- until the Anglo population outnumbered the Hispano population.  New Mexico is also important en la conciencia xican@ (in Chicana/o consciousness) because the New Mexico Territory was broken into parts to form Arizona, parts of Colorado and eventually New Mexico; it also has great importance as a site of centurial armed resistance to Anglo domination, from Las Gorras Blancas of the late 19th century through the efforts of Reies López Tijerina y La Alianza Federal de Mercedes in the 1960s.)

As Almaguer argues persuasively, using archival historical sources, the racialization of "Mexicans" in the US extended and evolved earlier forms of US racism against Indigenous and African people.  In turn, Carrasco's chapter details how the racialization of "Mexicans" was particularly linked to the evolving labor demands of the 19th and 20th century, e.g., the Gold Rush, agricultural work, World War I, the Great Depression and the so-called "repatriation" campaigns of the 1930s, World War II and the second Bracero Program, "Operation: Wetback" and the H-2 visa program.  (Gómez's arguments complement these by advancing her notion of Mexican Americans being "off-white," meaning sometimes defined as legally white but almost always defined as socially non-white, and grounding her concept in the particular history of New Mexico.)

Here is the take away point for folks open to understanding (and interested in articulating clearly) how racism is at the root of US nativism: Anglos evolved and extended US racism from the history of Indigenous genocide and African slavery as the US conquered and annexed the vast Mexican territory now known as the Southwest.  In so doing, the US force a terrible Faustian pact onto Mexican Americans (and by implication all Latinas/os): deny your Indigenousness, denigrate your Blackness and aspire to racial Whiteness, or be ready for subjugation like an African and slaughter like an Indian.

Geography, region and social space is the critical factor that blinds some of us from seeing the connections between historical and contemporary racism(s) and nativism(s).  Without understanding the foundational historic racialization of "Mexicans" (and the also salient historic racialization of Puerto Ricans) vis-a-vis Anglo American government, citizenship and political economy, it might be confusing to hear me say that US nativism is a form of racism, or and to understand how these ideologies overlap substantially.

However, to one who knows this history, today's nativism--whether it be in Congress, en la frontera or in Long Island--looks like it clearly continues the sorry past.

***

I'll end by citing two more important texts about these ideas.  See Robert S. Chang & Keith Aoki, Centering the Immigrant in the Inter/National Imagination, 85 California Law Review 1395, 10 La Raza Law Journal 309 (1997) (published simultaneously in both journals).  While I have not taught it yet, I read Chang & Aoki's explanation of "nativistic racism" during law school and recall it being rich with insights on this subject.

Second, Juan Perea's, Demography and Distrust: An Essay on American Languages, Cultural Pluralism, and Official English, 77 Minnesota Law Review 269 (1992) is a well structured history of the hidden past of US multilingualism, e.g., French, German, Spanish and English, at the founding and throughout the history of the US and its various states.

Facing Race

Responding to a call by TUPOCC founding co-chair Renée Sánchez, and organized by USF 3L and NLG-SF Student Vice President, Aliya Karmali, about ten TUPOCC members and our friends attended the Applied Research Center's Facing Race: A National Conference in downtown Oakland, California this past weekend.

Attending plenary panels and workshops from Thursday's opening keynote by Sherman Alexie to Saturday's closing plenary on Race and the Global Economy, TUPOCC was present and representing radical "queer, colored" legal activism, as we connected with our friends and allies from other organizations dedicated to interracial justice, as a critical dimension of the people's intergenerational movement toward social justice.

While there were many interesting panels and workshops, I found two workshops particularly helpful to my interests in helping us build TUPOCC and creating community in Oakland.  

BYOB: Build Your Own Blog was led by Liza Sabater of CultureKitchen.com and Chris Rabb of Afro-Netizen.  Beyond an introduction to blogs and blogging, Liza and Chris provided great information about technologies that could substantially help us represent our racial justice work like Utterli (mobile audio/video sharing) Shoebox (photo management) and Drupal.

That last software, an open source package (as in GNU and the free software movement) seems particularly promising in helping us build TUPOCC's infrastructure beyond our previous and present attempts with Yahoo! Groups, the TUPOCC website and our Legal Activists of Color blog.  Liza particularly indicated that Drupal has a module that can realize my idea of literally mapping TUPOCC's membership, by integrating Google Maps with a membership database that we could create based on the 141 folks in our Y! group.

While I have yet to download Drupal and likely won't start learning it until mid-December, I am very excited about its potential for TUPOCC and the several other organizations for which I volunteer, e.g., Latina & Latino Critical Legal Theory, Inc., the East Bay La Raza Lawyers Association, the Berkeley Law Foundation and the National Latina/Latino Law Student Association (NLLSA).

It's been a while since I've focused my energies on non-law and non-text learning and culture making, and I miss photography and film-making a great deal.

The second workshop I attended, Creating a Culture of Racial Justice, was powerfully synergistic.  Moderated by Melanie Cervantes of Dignidad Rebelde and Taller Tupac Amaru, this workshop also featured Favianna Rodriguez, co-founder del mismo taller, Tumi's Design and the Eastside Arts Alliance; and DJ Phatrick and Samantha Chanse -- popular educators, community builders and radical cultural workers of color who are (or in the recent past were) based in the SF Bay Area.

Melanie's prompts and questions were particularly stimulating and merit mentioning three of the most memorable:

• How do people create a racial justice culture to support social justice movement(s)?
• How do folks who have become artists inspire and materially support others who desire to make art but feel unable to do so vis-a-vis their racial subordination and other forms of oppression? 
• How can artists serve as visionaries for the racially just world we want to create?

By themselves these questions may not seem revolutionary to some, but witnessing Favianna, Melanie, Patrick and Samantha share how they have made their lives and their art into living visions of racial, immigrant, gender and sexual justice was deeply inspiring.

I have lived, loved and worked hard to develop mi conciencia (a radical racial, political, sexual and spiritual awareness of my place in people's history), but to study law I stopped making photographs and films, dancing, journaling and writing poesía.  While I tried to remain aware of the importance of "in xochitl, in cuicatl, flor y canto, flower-and-song" (art, poetry, dance, singing), my daily practice of making art basically stopped, as I focused on learning the law, reading critical legal scholarship and organizing students.

Witnessing Favianna, Melanie, Patrick and Samantha, reminded me of the crucial necessity to make soul and face as our elder compañera Gloria Anzaldúa and other radical lesbian Chicana poetas, artistas, scholars y filósofas have written.

While directly serving the people as a community lawyer in West Oakland's Homeless Action Center is a powerful practice of transgression against class norms and teaches me daily about solidarity across the many dimensions of power and identity (especially interracial and gender justice), Creating a Culture of Racial Justice reminded me that I also need to regularly practice love-inspired art-making -- in order to feel joyful and strong enough to serve nuestra lucha por justicia para el pobre (our struggle for justice for the poor), as the old La Raza Law Students Association slogan goes.

I have a lot more to write but more has already been reported.

I will end by mentioning four mujeres with whom I spoke briefly on the last day of Facing Race.

First, I briefly saw Tiny, aka Lisa Gray-Garcia, the fierce and fearless poverty scholar and co-founder of San Francisco-based POOR Magazine / Poor News Network.  Tiny mentioned that POOR is on the move to the Mission District, after having resisted its threatened eviction, naming "development" for the 21st century colonization that it recapitulates and organizing the people to take back the land by holding a ceremony that calls upon the UN Declaration on the Rights of Indigenous People.

I also caught a glimpse of Evelyn Sanchez of the Bay Area Immigrant Rights Coalition (BAIRC), whom I spoken with briefly at Friday afternoon's plenary on The Race Debate: Challenging Colorblindness with Race Conscious Solutions.

Next, I took the opportunity to speak with Elizabeth "Betita" Martínez, who was book-signing at the AK Press table and whose sixth book, 500 Years of Chicana Women's History / 500 Años de la Mujer Chicana, was recently published.  

I first read Betita's work while surviving law school: as I did at least once a semester, I left campus and got lost until I found myself in a bookstore, seeking words to nurture my spirit against the profound alienation of formal legal education.  

In San Francisco's Mission District, I came across De Colores Means All of Us: Latina Views for a Multi-Colored Century, which introduced me to Betita's profound writings on mujerista and youth activism from New Mexico a California and across much of the twentieth century.  I had most recently seen Betita across the table during La Raza Centro Legal's 35th anniversary dinner earlier this year, and when I mentioned it, she told me that she recalled how I was sitting to her right and asked about my work in West Oakland and the meaning of my middle name, Tizoc.

As she carefully composed the brief inscription she wrote on the book's frontispiece, I waited, kneeling before the table and feeling ever more deeply the significance of our brief momento conjuntos.  I thought of my dad y abuelitas and my mom y tías and knew I was exactly where I should be.  

Afterwards, thanking her and moving on, I was pleased to share the book con alguna de nuestras compañeras, Teague Briscoe (an El Paso homegirl and president-elect of the National Lawyers Guild - San Francisco Bay Area Chapter).

Finally, I had the fortune of seeing Tommy Escarcega, another El Paso Tejana and long time community activist who was organizing in support of the voting rights of people in county jails this past election.  

We first met four or five years ago when she knocked on the door of La Raza Law Students Association at the UC Berkeley School of Law (Boalt Hall), saying she had heard there were Raza law students and asking for our support of her work in Proyecto Common Touch, which she founded to protect the due process rights of convicted women on parole or in custody.   

Since then I've seen La Tommy a few times over the years, like when her project was based at Centro Legal de la Raza in Oakland's Fruitvale District.  We spoke briefly about her recent work on the voting rights of people in jail, and I introduced her to other TUPOCC xicanas as the conference ended.

+++

As I've tried to show, the ARC's Facing Race was a powerful meeting of what Liepollo L. Pheko, of The Trade Collective, dubbed "the manys" who remain committed to the compact for racial justice.  I encourage you to read more reporting on Facing Race.

Muchismas gracias a Renée y Aliya for motivating and organizing TUPOCC to represent at Facing Race.  We did good outreach work in identifying allies and nurtured relationships con nuestr@s compañer@s across the law / non-law divide.

As Betita wrote, "Thank you for your good work, ¡Adelante juntos!"

NLG-LA, ACLU, NILC Sue for Release of Government Documents Related to Local Immigration Raid

National Immigration Law Center v. Dept. of Homeland Security: Groups Sue for Release of Government Documents Related to Local Immigration Raid

LOS ANGELES — A coalition of civil rights lawyers is suing federal immigration officials who have illegally failed to release information about reported racial profiling, intimidation and denial of access to counsel by workers detained during a huge workplace raid in Los Angeles.

On Tuesday, the National Immigration Law Center (NILC), the ACLU of Southern California and the National Lawyers Guild of Los Angeles filed a federal lawsuit asserting that the government’s lack of response violates the Freedom of Information Act. The three groups first requested basic information from U.S. Immigration and Customs Enforcement and the Department of Homeland Security nearly seven months ago. The government has failed to release a single document.

“The government has squandered an opportunity to allay community concerns about the manner in which it is conducting immigration raids. If the government truly believes that it is conducting these raids in a humane and lawful manner, it should release the documents this lawsuit seeks,” said NILC staff attorney Karen Tumlin.

Homeland Guantanamos

Breakthrough presents Homeland Guantanamos | RaceWire

Breakthrough presents Homeland Guantanamos


H/T Sepia Mutiny

Homeland Guantanamos is Breakthrough tv’s latest use of technology to explain the harsh realities that immigrants face in the United States. From the same people that brought you ICED, a video game that puts you in the shoes of real immigrants, this virtual tour of a detention facility where men and women face abuse and inhumane conditions.

Along with a look inside a dentention center, there are real interviews with immigrants that are currently being detained, a memorial wall to honor the many immigrants that are died in detention centers, and a guide to help you take action against unfair polices of the Department of Homeland Security.

300 arrested in South Carolina ICE raid

Immigration Officials Raid Poultry Plant - Greenville News Story - WYFF Greenville

GREENVILLE, S.C. -- Federal immigration agents are executing a criminal search warrant Tuesday at the Columbia Farms poultry processing plant on Rutherford Road in Greenville County.

More than 300 people suspected of being illegal immigrants have been detained, agents said.

The raid by the U.S. Immigration and Customs Enforcement agency is part of ICE's ongoing 10-month investigation into unauthorized employment of workers at the plant.

Assistant U.S. Attorney Kevin McDonald said the raid began shortly before 9 a.m. Tuesday during a shift change at the plant.

Federal prosecutors and immigration agents have been investigating the plant's hiring practices. McDonald says a recent review of immigration paperwork of 825 workers showed more than 775 contained false information.

South Carolina U.S. Attorney Walt Wilkins and ICE have called a news conference for Tuesday afternoon in downtown Greenville.

Wilkins said that there are between 400 and 450 ICE agents involved in the raid, but not all are at the site.

"We're here to enforce the laws of the United States against those who use identification documents to unlawfully obtain jobs as well as those employers who knowingly hire and harbor undocumented aliens," Wilkins said. "That's what we're doing here."

House Raid Undermines San Francisco's Sanctuary Status

Immigrant Raid Undermines San Francisco's Sanctuary Status | Immigration | AlterNet

SAN FRANCISCO -- Immigration agents entered a private home in San Francisco on Sept. 11, 2008, arresting six undocumented immigrants in what residents see as the most recent evidence that this is no longer a "sanctuary city."

"They say this is a sanctuary city, but they're throwing us away like garbage," says Freddie Herrera, 21, who was in the middle of dinner with his family when he heard the doorbell ring.

"Sanctuary doesn't affect ICE's efforts to enforce immigration law," explains Lori Haley, a spokesperson for Immigration and Customs Enforcement. "ICE officers are sworn to enforce federal law."

But Jamal Dajani, chairman of the city's Immigrant Rights Commission, disagrees. He calls the arrests last Thursday "a total violation of the sanctuary ordinance. This is exactly why the sanctuary ordinance was created," he says.

Immigration Raid Breaks Up Organizing Drive at Iowa Meatpacking Plant

the largest immigration enforcement raid in US history -- in Laurel, Mississippi, last month -- was built on the blueprint of last winter's raid in Pottsville, Iowa. both raids share a disturbing anti-labor, anti-solidarity design....

Immigration Raid Breaks Up Organizing Drive at Iowa Meatpacking Plant | Corporate Accountability and WorkPlace | AlterNet

UFCW claims ICE actions hamper union activity by intimidating potential members. The union sued the agency in 2007 following similar raids at five Swift meatpacking plants where the union has members.

Lauritsen noted that the Postville arrests amounted to eliminating hundreds of witnesses to labor violations at the plant.

Ironically, the raid did bring proof of allegations against Agriprocessors. Of the raid's detainees, 29 were underage. Three months after the raid, the Iowa DOL released a report detailing 57 child labor violations at the Postville plant -- including children as young as 13 working on the kill floor -- and has recommended the state prosecute the company.

Immigrants Gain DHS Assurance: No Checkpoints in Gustav Evacuation

Press Release from the New Orleans Workers' Center for Racial Justice:

Immigrant workers demanding a safe evacuation from the path of Hurricane Gustav received key assurances from the Department of Homeland Security (DHS) that no immigration enforcement actions or checkpoints would occur in the evacuation process or along evacuation routes. The New Orleans Workers' Center for Racial Justice gained the assurances for safe passage of immigrant workers just as mandatory evacuations began across the Gulf Coast. ...

As Gustav approached, immigrant workers and their families feared evacuation due to anticipation over Immigration and Customs Enforcement (ICE) and U.S. Border Patrol checkpoints. Of the over 200 surveys of day laborers which the Workers' Center conducted as Hurricane Gustav approached, the fear of detention and deportation by DHS was identified as the single greatest obstacle to accessing humanitarian relief. "We want to take our families to safety. We should not have to face deportation as we escape from the storm," said Dennis Soriano, an organizer with the Congress of Day Laborers.

Excerpt of the agreement:

OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES

Gustav
· All residents of the Gulf Coast region need to evacuate.

· There are no immigration enforcement operations, and there are no immigration enforcement checkpoints associated with the evacuations.

· The Department of Homeland Security's top priorities in any emergency are life-saving and life-sustaining activities, preventing the loss of property to the extent possible, and assisting with a speedy recovery of the affected region.

Gustav

· Todos los residentes del la region de la Costa del Golfo
deben evacuar.

· No hay operacions de inmigracion, y no hay puntos de inmigracion asociados con las evacuaciones.

· Las prioridades mas altas del Departamento de Seguridad Nacional (DHS por sus siglas en Ingles) en cualquier emergencia son las de salvar y sostener la vida, preevenir la perdida de propiedad lo tanto posible, y asistir con la recuperacion de la region afectada.

How a native-born U.S. citizen became "undocumented" - a cautionary tale

How a native-born U.S. citizen became "undocumented" - a cautionary tale

A Cautionary Tale: Of how a US Citizen became undocumented

http://imagine2050.blogspot.com/2008/06/attacks-against-immigrants-attacks.html

By Eric K. Ward

I'm African-American and my family moved to California almost a hundred years ago after a lynching took place outside their hometown in Kentucky. I'm also undocumented, or in the current anti-immigrant vernacular,"illegal." I don't have the necessary documents to prove my identity.

Therefore, within four years, I won't be able to vote, have access to social services, or receive state identification to travel. Let's start from the beginning:

In May 2006, I lost my passport and Social Security card at Seattle-Tacoma International Airport (I don't have a driver's license because of a visual disability). When I went home to Chicago, I learned that in order to receive a state identification card, I needed to obtain a certified copy of my birth certificate, which allows me to apply for a Social Security Card to replace my passport.

Later in the week I contacted the Los Angeles County Registrar-Recorder and was told that in order to receive my birth certificate, I needed to present a copy of my passport, or driver's license, to verify I was, in actuality, Eric K. Ward. Since it was obvious, after twenty minutes of discussion, that I didn't own a driver's license, a passport, or a social security card, they told me to fill out the proper forms in front of a notary public in Chicago. I quickly opened the phone book and had a co-worker drive me to a notary public. But when I got there, the notary public said I needed a passport, social security card, or driver's license to receive an official notary seal. Lucky for me (when I'm in a pinch) I can become very persuasive. And since I had a number of newspaper articles with photos documenting my identity, the notary public accepted my articles with somewhat dubious satisfaction. Next, before anyone could change their minds, I walked next door to the Post Office and happily mailed my documents to the Los Angeles County Registrar-Recorder and went on with my life. Four weeks later my birth certificate arrived! But when I arrived at the Post Office to pick it up, the attendant asked me to produce a passport, driver's license and, most ironically, a copy of my birth certificate to obtain my birth certificate. After waiting an hour and pleading with two supervisors, I'm proud to say that I now possess a certified birth certificate!

I wish I could say everything went smoothly from this point on, but the adventure only began and came to a screeching halt within a week. A few days later I headed to the Social Security Administration to obtain a replacement social security card. But when I got there, the Social Security Administration said I needed more than just a copy of my birth certificate. They said I also needed a passport, driver's license, or state identification card to prove my identity. But since I went to the Social Security Administration to obtain a new copy of my social security card so I could get a new passport, the Social Security Administration didn't know what to do with me. So, they told me to head across town to the Illinois Secretary of State's office to get my social security card. But when I arrived, the Illinois Secretary of State's office said I needed my social security card to obtain any official document to prove my identity.

Now I'm stuck in a Catch-22 and I'm not alone in this predicament. Almost nine percent of African Americans (18 or older) are unable to document their citizenship. * Roughly 2 million African Americans, eleven million native born citizens, and nearly twice as many low income Americans than citizens with higher incomes don't have a social security card, driver's licenses, passport, birth certificate or proof of naturalization. *

In 1950, Sam Shapiro, now Emeritus Professor of Health Policy and Management at the Johns Hopkins School of Hygiene and Public Health, conducted a case study for the journal Population Studies, and also found that, due to segregation barring black children from being born in white hospitals, one-fifth of African Americans born between 1939-40 were never issued birth certificates.

When you correlate Shapiro's figures to the 2000 US Census Data on African American Population by Age, Shapiro's figures show that by 2010, nearly half-a-million elderly African Americans born before 1941 may loose their right to vote and access to federal services. Remember, this is only for African Americans born before 1941!
Most recently, Tim Vercelloti, a professor at Rutgers University, found that 5.7% of African Americans are less likely to vote in states that require voter identification. And let's not forget, voting is a right African Americans struggled to secure for all American citizens.

If U. S citizens don't have the "required" documents to prove their identity, an increasingly large portion of U.S. citizens will be denied access to social services and the right to vote at the federal, state, and local level. For example, in 2006, officials in Maricopa County, Arizona denied almost 5,000 US citizens the right to vote because they didn't have the "required" documents. In 2005, The Draft Reduction Act denied anyone re-applying for Medicaid who didn't posses the same "required" documents. And by 2010, the Federal Election Integrity Act (passed in 2006) will deny all American citizens the right to vote if they're can't produce the "required" documents.

What are the "required" documents? You guessed it: a passport, birth certificate or proof of naturalization.
Why is this happening? Strict ID requirements that target immigrant and refugee communities also target African Americans, poor, and elderly communities. Federal, state, and local laws that attack undocumented immigrants and refugees threaten Americans' voting rights, the right to travel without fear of imprisonment, and access to social services. Anti-immigrant activists say strict ID requirements are a necessary burden that folks should be happy to shoulder in the fight against "illegal"

immigration. But that's pretty easy to say when you're not African American, poor, or a member of the elderly community.

As African Americans we should be deeply concerned about the ongoing attack on immigrants and refugees. Why? We know what it's like to be second-class citizens---and it's about to happen again.

Society of American Law Teachers — SALT — & National Lawyers Guild — NLG — Joint Statement on ICE Immigration Raids & Criminal Immigration Enforcement

Society of American Law Teachers — SALT — and National Lawyers Guild — NLG — Joint Statement on ICE Immigration Raids and Criminal Immigration Enforcement

"SALT and NLG deplore these raids that are creating a moral, legal, and humanitarian crisis in our nation. ICE’s heavy handed enforcement against undocumented workers in the wake of failed immigration reform is shameful. Immigration laws remain completely out of touch with reality, and the absence of labor protection for these workers leaves them vulnerable to exploitation." June 6, 2008.

http://www.saltlaw.org/files/uploads/6-6-08ICEraidsstatement2.pdf

http://nlg.org/news/index.php?entry=entry080606-074843

U.N. Independent Expert On Racism Begins Fact-Finding Mission In U.S.

U.N. Independent Expert On Racism Begins Fact-Finding Mission In U.S.

Official Visit Underscores Ongoing Issues Of Discrimination Throughout Nation

FOR IMMEDIATE RELEASE
May 19, 2008

CONTACT: Rachel Myers, ACLU, (212) 549-2689 or 2666; media@aclu.org
Stacie Miller, Lawyers' Committee, (202) 662-8317
Ajamu Baraka, USHRN, (404) 695-0475

WASHINGTON – Several national civil liberties and human rights groups today welcomed a fact-finding mission to the U.S. by the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. The American Civil Liberties Union, Global Rights, the Lawyers' Committee for Civil Rights Under the Law, the U.S. Human Rights Network, the NAACP Legal Defense Fund, the Rights Working Group and the National Law Center on Homelessness & Poverty call on the U.S., state and local governments to fully cooperate with the special rapporteur.

"The visit of the special rapporteur is a critical opportunity to shed light on the pervasive and systemic problem of racism and discrimination in the United States," said Jamil Dakwar, Director of the ACLU Human Rights Program. "In this election year, the eyes of the world will be turned toward America and its longstanding promise to end racial and ethnic inequalities."

At the invitation of the U.S. government, Special Rapporteur Doudou Diène is visiting the U.S. from May 18 to June 6 to examine issues of racism and racial discrimination in this country. Diène will visit Washington, New York, Chicago, Omaha, Los Angeles, New Orleans, Miami and San Juan, Puerto Rico over the next three weeks where he will study incidents of contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the governmental measures in place to address them.

Diène is scheduled to meet with federal and local government officials as well as members of diverse communities across the United States and representatives of several non-governmental organizations (NGOs).

"The special rapporteur's visit presents a unique opportunity to give voice to those combating racism in the U.S. and will bring our concerns to the U.N. and its enforcement mechanisms," said Aubrey McCutcheon, Director of Programs at Global Rights. "I am confident Mr. Diène's visit will heighten our efforts towards eliminating racism and its vestiges."

In March 2008, the separate U.N. Committee on the Elimination of Racial Discrimination (CERD) issued a strongly worded critique of the United States' record on racial discrimination and urged the government to make sweeping reforms to policies affecting racial and ethnic minorities, women, immigrants and indigenous populations in the U.S. Several civil liberties and human rights organizations have urged the special rapporteur to critically examine the continuation of racism and racial discrimination in various areas identified by CERD and well documented in extensive NGO reports, including criminal justice, education, housing, juvenile justice, immigration policy, police brutality, hate crimes and racial profiling.

The mandate of the special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance was established in 1993 by the U.N. Commission on Human Rights and further extended by the U.N. Human Rights Council. The special rapporteur will submit a final report on the visit to the Human Rights Council in the spring of 2009.

More information about the special rapporteur's visit is available online at: www.aclu.org/intlhumanrights/racialjustice/sronracism.html and www.ushrnetwork.org/special_rep

More information about the CERD recommendations to the U.S. is available at: www.aclu.org/intlhumanrights/racialjustice/cerd.htmland and www.ushrnetwork.org/projects/cerd

Immigrant Raid Rapid Response Network [New Jersey, New York]

Rapid Response Network

In response to widespread immigration raids, a coalition of immigrant rights activists has announced the launching of a Rapid Response Network Hotline that will give help to those confronted with the raids. The RRN Hotline, sponsored by the NJ May 1 Coalition and the New Jersey Civil Rights Defense Committee is a 24-hour toll free number covering New York and New Jersey that will provide immediate, contact with Spanish-speaking volunteers. ... The hotline number, for emergencies only, is 1-800-308-0878.

http://www.njmay1.org/

The BAIRC Toolkit on ICE raids is ready to download!

The BAIRC Toolkit on ICE raids is ready to download!

This toolkit covers the detention process, what to do in case someone you know is detained, how to prepare for a meeting with elected officials and other useful information for community members and groups, including helpful phone numbers. Find it on the BAIRC website.

ACLU Calls on Immigration Officials to Release Information About Immigrant Detention Deaths

ACLU Calls on Immigration Officials to Release Information About Immigrant Detention Deaths

via common dreams

ACLU Calls on Immigration Officials to Release Information About Immigrant Detention Deaths
http://www.commondreams.org/news2007/0627-08.htm