What Financial Crisis? Not at the Department of Homeland Security’s Immigration Unit

FY ’09 budget showers more funds to support an antiquated system

No deals, austerity, belt-tightening and accountability have been some of the words heard in the Congressional corridors and the White House as national leaders hear from their frustrated constituents. In the case of the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) unit, public spending doesn't appear to be a concern.

In fact, this past Tuesday Congress passed a Continuing Resolution which while keeping other government agencies in operation -- at least through March 6th -- provides the Department of Homeland Security a $39.98 billion budget for the 2009 fiscal year.

A cursory review of the Department's budget shows expenditures that continue the White House's relentless campaign of sweeping raids, detentions and deportations. The slowdown in the nation’s construction industry has had no impact on DHS. Indeed, DHS will continue its southern border buildup by constructing fences, adding personnel and the ongoing makeover of the Mexico-U.S. border into a militarized and hostile spread of land.

Moreover, in an attempt to respond to news reports, media coverage and a public outcry about the treatment and deaths of detainees while held in ICE custody, a small sliver of the bill places contractors squarely responsible if they fail to comply with the Department’s "detention standards." In this case, contractors may have their contracts canceled. Monitoring of the medical care of detainees will also be done by independent experts.

Detain and deport, a band-aid solution that won’t work

Yet, there is little – if any – interest in the promotion of fundamental policy shifts or in addressing the geopolitical and economic realities that propel a steady stream of immigration to the United States. A summary review of the DHS FY ’09 budget indicates:

• 4,361 new hires at Customs and Border Protection
• $775 million for border fencing
• An increase in the ICE budget to nearly $5 billion (this is an increase of $254 million)
• An additional 1400 detention beds
  

"This budget does not address the existing backlog of applicants, efforts to integrate immigrants or defend the labor rights of exploited and abused immigrant workers, instead it further criminalizes workers," concludes Gabriel Camacho, AFSC regional organizer in Boston. He has been working with communities throughout Massachusetts to train community members in what to do in case of a raid, and how to protect their constitutional and human rights.

Amy Gottlieb, director of AFSC’s Immigrant Rights Program (Newark, NJ) comments, “This windfall for the Department of Homeland Security allows ICE to send fugitive teams into immigrant neighborhoods and worksites, creating havoc in entire communities that are already living on the edge, feel the daily tension and where residents are fearful of even walking out their front door. These are communities in which children ask their parents, ‘Are we next?’ What can a parent say to a child? We don't need increased force and might."

Funds also will be used to support enforcement-only programs. Specifically, states will be provided funds for the implementation of the Real ID Act ($50 million), and the participation of local and state police in the 287(g) program ($5.4 million). Public dollars to the tune of $2.4 billion will go to the Office of Detention and Removal and the short-term approval of $100 million for the E-verify program. The E-verify program targets employers and requires them to ‘verify’ the employment documentation of their workers.

However, research has shown that the E-verify system is terribly flawed and inaccurate, and has also led to other problems, including the racial profiling of workers and other reported abuses. "Warehousing people in detention centers may be profitable for private industries but it also separates family members, disrupts the quality of life of entire communities, and the social fabric that imbues economic vitality. An outdated system requires fair and humane policy remedies, and taking corrective measures to address what is now obviously not working," concurs Gottlieb.

Spirit of Hope prevails despite spending spree and election year dance

Once again the opportunity to move toward substantive and humane immigration polices has been thwarted. It will take forceful public pressure for legislators to continue the public policy discussion, and to engage in a bipartisan effort that brings the present immigration system into the 21st century.

In spite of this climate, community-based organizations, nonprofits, non-governmental organizations, faith institutions, labor, neighborhood clubs and mutual aid societies, and grassroots leaders continue their work of supporting and training immigrant and refugee communities on constitutional rights, due process and civil liberties. Actions range from visits, calls and letters to legislators, to support and emergency assistance to families who have been impacted by raids, detention or the deportation of loved ones. In addition, several national organizations have undertaken public education campaigns to increase public awareness and challenge the anti-immigrant climate, and to mobilize for long-term, constructive and fair immigration policies.

Alice Perry, AFSC staff member in Portland, Oregon opines, “Our communities are not going to give up. Many of these men and women have sacrificed their lives to be here, to work here, to rear their children here, and to contribute what they can in their new country, now their new home. They are parents, neighbors, homeowners, taxpayers, and more. Their deep-rooted sense of justice and relentless hope continues to prevail over the hatred and disparagement they have experienced. AFSC's role is to affirm this spirit, promote dialogue, support family members and encourage humane changes to obsolete laws that no longer make sense and are impractical."

Reflections on My Trip to Postville

Guest post by Rabbi Laurie Zimmerman of Madison, Wisconsin

I was standing next to a long table full of neatly arranged trays of cookies when I felt a light tap on my shoulder. I turned around and saw a woman with white hair smiling kindly at me. Noticing my kippah she offered, "The kosher cookies are over here." After finishing our march through the tiny town of Postville, Iowa, the hospitality committee of St. Bridget's Catholic Church was waiting for us, eager to show their appreciation that we had come. (Photo Credits: Rabbi Laurie Zimmerman)

Interfaith March Joins Over 1,000 People

It was an extraordinary experience to march through Postville, a town of 2,200 people. The afternoon began with an interfaith service with hundreds of people packed into the tiny church. We read liturgy of courage, hope, and love together both in English and Spanish, and we sang a beautiful rendition of Hinei mah tov in unison - indeed, how great it was that we were all sitting there together.

We were quite a diverse group of over 1,000 people. The march, organized by Jewish Community Action of Minneapolis, Jewish Council on Urban Affairs of Chicago, and our host, St. Bridget's Catholic Church, drew a fascinating crowd. As we walked through the neighborhoods, Postville residents sat on porch stoops or lawn chairs watching us as we marched by. They seemed to be fascinated by us - after all, such a march had never happened in this town.

When we arrived at Agriprocessors, a rabbi, speaking through the loud-speaker, explained a piece of Talmud which prohibits employers from oppressing their workers. We passed a park where we heard more speeches and a poem by children. We then walked into the center of town where we were confronted by a small, angry group of counter-protestors who did not seem to be from Postville. One sign read, "Pack their sack and send them back." A line of police officers separated us.

Community Reflects on "Disaster" of Raids

I walked for some time with an older couple who lived ten miles outside of Postville. They kept repeating the word disaster - the raid was a disaster, the working conditions at the plant were a disaster, the plight of the children separated from their parents was a disaster, the deportations were a disaster. They were members of St. Bridget's. I asked what people in the church thought of all of this. They answered, "The church just doesn't like to see families separated. It's just not right."

Iowan Hospitality

A downpour interrupted the last of the speeches outside of St. Bridget's. We all piled into the church - with a spread of cookies waiting for us. Throughout the day I had wondered what the folks at St. Bridget's thought of so many Jews converging on their town. Did they understand that we also shared so many things in common? The kosher cookies seemed to say it all. I thanked one of the women on the hospitality committee. She responded, "We are so happy to have you." "But serving 1,000 people cookies?" I asked. "We're Iowans. This is what we do."

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For information on the May 12 Immigration and Customs Enforcement (ICE) raid in Postville and AFSC's involvement, click here and find out how you can help.

• To read "Interpreting after the Largest ICE Raid in US History: A Personal Account," by Erik Camayd-Freixas, Ph.D., click here (PDF, 104Kb).
  
• To read an article by Sandra Sanchez of AFSC Des Moines about the ICE raid on immigrant workers in Postville, click here.

Maryland Raid Dampens Spirit of Celebration and Freedom

"When will our consciences grow so tender that we will act to prevent human misery rather than avenge it?" - Eleanor Roosevelt

The past week included parades, fireworks and picnics celebrating the values of freedom, and national pride. Families and friends held backyard cookouts, picnics, concerts, reunions and swimming pool parties. Many enjoyed the food, fireworks, laughter and mirth as they celebrated the nation's 222nd year of independence.

For some families, however, the week was riddled with fear, worry and uncertainty. On Monday, June 30, approximately 46 workers were detained in Annapolis, Maryland through a joint enforcement effort between the Anne Arundel County Police and Immigration and Customs Enforcement (ICE). Detainees included 10 women.

Since the raid's occurrence AFSC's Baltimore Project Voice staff has participated in efforts undertaken with local partners such as the Maryland Raid Response Network. The Network has collected information regarding the raid and taken steps to provide support to families affected by this crisis. This effort also has included the participation of advocates, community groups and attorneys. In several cases the detained immigrant is the primary family wage earner. This means that family members (including children), will now need financial assistance or social services support to pay their rent, purchase food or secure legal representation for their loved one who has been detained.

According to Ruben Chandrasekar, AFSC's Project Voice regional organizer, "We are planning to meet with affected families...to collect more information, offer support and connect them to lneeded resources and assistance." AFSC staff also has supported several public actions drawing attention to the raid and its impact. Local efforts have included the establishment of a hotline for affected family members and witnesses to the raid, and a July 1st press conference denouncing the raid was also held.

For more information or to support the work undertaken by AFSC's Maryland-based immigrant rights program, please contact Ruben Chandrasekar at 410-323-7262 or at rchandrasekar@afsc.org.


Read On: Postville, Iowa Raid Sows Fear and Uncertainty

On May 12, U.S. Immigration and Customs Enforcement (ICE), together with the U.S. Iowa Northern District Attorney, carried out the largest single-site immigration raid in U.S. history. The raid at Agriprocessors, Inc., in Postville, Iowa, resulted in the detention of 389 women, men, and minors.

AFSC and partner groups responded quickly to help detainees and their families, but fear and uncertainty continue to grip immigrants in the area. Visit the AFSC website for more information on the Iowa raid and how you can support Postville's immigrant and non-immigrant communities as they jointly respond to the raid's aftermath. Learn more about the Postville situation, visit http://www/afsc/org/central/ia/PostvilleRaid.html.

Lost in Translation: Due Process and Constitutional Rights

"There must be amidst all the confusions of the hour a tried and undisturbed remnant of persons who will not become purveyors of coercion and violence, who are ready to stand alone...for the way of peace and love..." - Rufus Jones - (Quaker historian and theologian)

It has now been more than two weeks since the Bureau of Immigration and Customs Enforcement (ICE) raid in Postville, Iowa. The massive ICE operation led to the arrest and detention of 390 undocumented immigrants who were employed at a local meatpacking processing plant. But the raid's impact has been felt by both Postville's immigrant and non-immigrant communities.

National media and public attention has heightened concerns about the timing and scope of the raid; concerns about the hasty hearings that took place; the lack of access to legal counsel and due process for those who were detained; the inability of detainees to communicate with their loved ones; and other questionable and troubling ICE actions. The raid, coupled with allegations of labor law violations by the meatpacking plant created a state of chaos and confusion for Postville's immigrant workers and their families.

Aurelio Zamol, brother of one of the detainees shared, "I am willing to pay for my sister's return to Guatemala. We ask pardon to this country's highest authorities. We did not know one needed permission to come here. "

Sandra Sanchez, director of AFSC's immigrant rights program in Des Moines, Iowa asserts, "Aurelio Zamol's situation is similar to that of many detainees. They are Guatemala's indigenous Mayan communities and have limited understanding of the laws in their own country; much less of the layers of this nation's federal and state laws, and that each person has constitutional rights and fair treatment under the nation's judicial system." (Photo Credit: Sign outside of St. Bridget Church Postville, Iowa - courtesy of Sandra Sanchez).

AFSC joins its voice to the many faith-based organizations who continue to urge the White House, designated agencies and officials to immediately:

• End the odious practice of worksite raids and the subsequent separation of families;

• Adhere to policies that ensure fair treatment and respect for the constitutional rights of all detainees, this includes immediate access to legal counsel;

• Attend to and release those who may have a medical condition or humanitarian needs;

• Ensure that all detainees to stay in close proximity to their loved ones; and,

• Work with Congressional leaders to find a fair and bipartisan solution which places the nation's founding principles at the core of future immigration policies and legislation.

Disturbing Pattern of ICE Raids Questioned by Leaders

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

On February 25, a labor-union commission held its first hearing to review the raids that ICE conducted on December 12, 2006 in six Swift meat-processing plants throughout the country. The United Food and Commercial Workers (UFCW) formed the commission to examine the policies and practices used by Immigration Customs and Enforcement (ICE) during work-site enforcement operations. According to the Washington Post, the ICE raids at the Swift plants raised due process and constitutional rights concerns.

The commission will draft a report based on hearings that it will hold throughout the country and distribute the report's findings to elected leaders and the public. The report will also include policy action recommendations.

Swift Plant Employee Testifies at Congressional Hearing

The UFCW-held meeting mirrors a February 13th House Immigration, Citizenship, Refugees, Border Security and International Law Subcommittee hearing that raised serious concerns regarding the detention and deportation of individuals who are arbitrarily swept up in ICE worksite and home raids. Michael Graves, member of the UFCW International Union and a Swift plant employee in Marshalltown (Iowa) was one of the seven witnesses at the hearing.

Mr. Graves gave a chilling account of his experience the day ICE raided Marshalltown's Swift plant. He recounted how he and hundreds of his co-workers were detained for 8 hours without food or water. In addition, they were not given the opportunity to contact their families, union representatives or lawyers.

According to Mr. Graves, "No one in this country, regardless of their status, should be treated the way we were treated at the Marshalltown Swift plant or any of the Swift plants. Working is not a crime, and workers do not leave their constitutional rights at the plant gate."

Witnesses Reveal Harsh Reality Behind Raids, Detentions and Deportations

Other witnesses at the February 13th hearing represented a broad spectrum of organizations, including some involved in lawsuits regarding the deportation of U.S. citizens. Their statements shed light on how U.S. citizens, such as Mr. Graves, are apprehended in worksite raids and sometimes even deported.

Mistakes have increased as state and local prisons with limited or little experience in complex immigration matters screen individuals apprehended in ICE raids, according to Rachel E. Rosenbloom, a Human Rights Fellow at the Boston College Center for Human Rights and International Justice. "[W]ith increasing cooperation between local and state law enforcement agencies and the Department of Homeland Security (DHS), the review of an individual's immigration status is now frequently made by law enforcement officers with minimal training in immigration law," she said.

Congressional Leaders Raise Serious Concerns Regarding Racial Profiling

Throughout the hearing, there were significant discrepancies between the testimony of Gary Mead, Deputy Director at ICE's Office of Detention and Removal Operations, and the remarks made by both members of Congress and other key witnesses. Representative Luis V. Gutierrez (D-IL) countered Mr. Mead's assertion that the agency does not target individuals based on nationality.

Representative Gutierrez noted the raid of a public mall in Chicago's Little Village community area. According to Congressman Gutierrez, the ICE official who oversaw the raid "went with the U.S. attorney standing next to her and said, 'We were determined to walk into this mall and detain every Hispanic male between the ages of 18 and 45.'" Representative Keith Ellison (D-MN) also raised concerns that Latinos have been a principal target of ICE raids over the last twelve months.

Organizations and Congress Members Insist on Answers

In order to ensure that due process, and the civil rights of immigrant and non-immigrant workers are duly protected, the UFCW, civil rights groups and Congressional leaders have pledged to continue to challenge ICE and pressure for institutional accountability and transparency. This includes making sure that the wrongful deportation of a U.S. citizen or a lawful permanent resident does not occur.

Representative Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, explained that on June 26, 2007, she forwarded a letter to ICE for answers on the case of Pedro Guzman, a U.S. citizen from Los Angeles who was deported to Mexico in May 2007. According to Representative Lofgren, she received a "perfunctory response more than a month later with no answers, and at best an apathetic attitude towards protecting U.S. citizens from deportation."

Raids Fail As Solution To Immigration Policy Vacuum

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

Recent raids of homes in Long Island, New York by federal immigration agents received strong criticism from county officials and residents concerned about the harmful effects these tactics have on communities. According to Immigration and Customs Enforcement (ICE), the arrests conducted by federal immigration officials under a national program known as Operation Community Shield target gang members and their associates. However, raids of the homes of U.S. citizens and arrests of individuals without gang associations or criminal records raised concerns and questions from elected officials including Nassau County Executive Tom Suozzi, Nassau County Police Commissioner Lawrence W. Mulvey, and Greenport Mayor David Nyce.

"This is un-American. We need to do something about immigration, but not this." said Tina Finne, a native of Greenport in Suffolk County, N.Y (NYT). In recent raids in Greenport, only 1 of the 11 men detained was suspected of gang affiliation, the New York Times reports. The rest of the individuals had no gang associations or criminal records. According to Greenport Mayor David Nyce, "the whole gang issue is something to keep the white majority scared about the Latino population, and to come in and bust as many people as they want."

County Officials Call for Federal Investigation of Home Raids
Leaders Claim Federal Agents Displayed "Inappropriate" Behavior and Posed Unnecessary Dangers to Local Police

Nassau County Police Commissioner Lawrence M. Mulvey and County Executive Thomas R. Suozzi called for Homeland Security Secretary Michael Chertoff to conduct a federal investigation into the conduct of the ICE agents during the recent raids. On three occasions ICE officials failed to check the names and addresses of their arrest targets against the Nassau Police Department's Gang Intelligence Files. This resulted in the wrong homes raided, the officials wrote in a letter to Chertoff.

Immigration agents also mistakenly drew their guns on Nassau County police, according to Mulvey. "Tactically the operation was structured poorly," wrote Mulvey in a letter to Joseph A. Palmese, Resident Agent in Charge of ICE. "This, in my view, posed unnecessary dangers to all parties, including my members, who in fact were drawn upon by the agents," he wrote.
During a press conference officials noted that the raids, used Border Patrol personnel who were apparently not trained for this operation. Additionally, the list of those arrested was "not forthcoming" from ICE, said Mulvey. >To watch a video of the press conference click here.

Raids Lead to Knocks on the Doors of Residents and Citizens

Community members in Greenport and Nassau County were concerned that the immigration officers entered the homes of immigrants, residents and citizens without a warrant. For example, the Nassau home of Peggy Delarosa-Delgado, a U.S. citizen, was invaded by more than a dozen federal immigration agents after her 17-year-old son opened the door, the New York Times reported. Under the law, immigrant agents may only enter homes without a judicial warrant if the residents consent. >For Know Your Rights materials click here.

Focus Shifts to Enforcement

The New York raids relied on significant cooperation from local law enforcement units. However, Suozzi and Mulvey indicated that they would no longer cooperate with federal immigration officers unless they changed their tactics, reported the New York Times.

"The immigration laws of the United States should be enforced and I fully support the execution of lawfully issued arrest warrants in Nassau County, particularly for known gang members," Suozzi wrote in a letter to Chertoff. "I condemn, however, any tactical actions which cross the lines of legality and law enforcement best practices."

Last month, Immigration and Customs Enforcement (ICE) issued Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations. ICE issued the guidelines as the result of discussions with Senator Edward Kennedy (D-MA) and Representative Delahunt (D-MA), according to a Kennedy office press release. The discussions followed a massive raid and the arrests last March of more than 350 workers at the leather goods manufacturing plant Michael Bianco, Inc. in New Bedford, Massachusetts. Most of those who were detained were women from Central America. The arrestees claimed that their quick transfer to detention centers in Texas inhibited them from making better decisions with respect to the fate of the children they left behind. (AP).

On November 27, while upholding the dismissal of a lawsuit filed by immigrants arrested during a factory raid in New Bedford, a federal appeals court criticized ICE for what it considered a "callous" raid that should serve as a "learning experience" in order to develop better ways of carrying out their responsibilities. (AP)

However, these guidelines could be interpreted by immigration agents as guiding principles, rather than a mandatory regulation. "In the context of immigration and deportation proceedings we are completely out of step with our societal values of protecting the best interests of our children," said attorney Joseph Hammell, who is surveying recent raids for the Urban Institute. (New York Times).

Congressional Inaction a Recurring Theme in Immigration Debate

The need for clear, concrete immigration reform thus becomes clear. Even the courts that ruled to uphold the New Bedford lawsuit highlighted the need for Congress to "speak clearly" and take action in order to fill the immigration policy vacuum, and allow undocumented individuals in the U.S. to exercise their rights. According to the judges, "it is Congress ... that has the responsibility of prescribing a framework for the vindication of those rights." (AP)

Raids such as the ones that took place in Greenport and Nassau do nothing to fix the broken immigration system in the U.S. Rather, they generate and exacerbate a climate of fear and anxiousness within all members of communities, whether immigrant or non-immigrant.

Steps You Can Take: Take action to stop ICE raids and the separation of families!

Stop ICE raids in Hartford, Connecticut
Rally on International Human Rights Day: Monday, 12/10 5pm
ICE Headquarters in Hartford - Gather at 4:30 p.m. in South Green Park (corner of Park and Main streets) Step off at 5 p.m. and march to the ICE headquarters, 450 Main St., for a rally
This will be a peaceful protest of the 21 arrests made by Immigration and Customs Enforcement (ICE) in the Parkville neighborhood over the first week of November. Arrests of innocent working-people have nothing in common with a fair, humane immigration reform that recognizes the rights of immigrants to live and work in the U.S. For more information or to get involved, contact Frank O'Gorman of CT People of Faith at 860-841-5006 or fog64@hotmail.com or Kate Prendergast of Stop the Raids, Trinity College , at 610-209-9264 or kaitlin.prendergast@trincoll.edu. Sponsors: Connecticut Federation of Educational & Professional Employees; American Friends Service Committee; Stop the Raids, Trinity College; Hartford Areas Rally Together; Hartford H.O.P.E.; Greater Hartford Interfaith Coalition for Equity and Justice; Unidad Latina en Accion of New Haven; CT People of Faith; Latinos Against the War; Queers Without Borders; Campaign to Stop the ICE Raids in Danbury; Voluntown Peace Trust; CT Transadvocacy Coalition; Free People's Movement, as well as students and faculty from UConn, St. Joseph's College, Trinity, and CCSU.]

UN Expert Finds Rising Violence against Migrants

Jorge Bustamante, United Nations Special Rapporteur on the Human Rights of Migrants, reported to a UN committee this week that his field visits during the past year have confirmed rising attacks on migrants (See UN News Centre). Bustamante noted that the increasing trend to conduct raids in migrant neighborhoods had led to "to separation of children from their arrested parents, including children born in such countries." (UN News Centre).

He also highlighted concerns about the conditions of migrants in detention. "A number of detained migrants suffer from ill-treatment, lack of medical attention, and abuse. Often, they lack access to justice, as many detained migrants are not granted access to lawyers for their defense," he stated to the committee.

Bustamante found a trend towards viewing migrants as commodities, rather than as people with rights. Countries should include a human rights perspective into their discussions, he urged.

Learn More ...

• Understanding Border Realities: Immigrant Communities Speak United Nations Special Rapporteur for the Human Rights of Migrants
  
  The AFSC San Diego office in partnership with the American Civil Liberties Union (ACLU) hosted Dr. Jorge A. Bustamante, UN Special Rapporteur for the Human Rights of Migrants. Read more> (PDF 319.71 KB)



• East Coast Visit of United Nations Special Rapporteur: Focus on Family Separation and Detention
  
  AFSC's New York Metro Region Immigrant Rights Program was one of the leading coordinators of the NY/NJ segment of the UN Special Rapporteur's visit to the east coast. Read More> (PDF 119 KB)