Legislative Link

Anti-Immigrant Group Opts for Troubling "Legal" Strategy

2008-07-01T08:08:00.000-07:00

By Brianna Almaguer Sandoval
Human Migration and Mobility/Project Voice Policy Graduate Intern

"This is the worst it's been. There is a lot of unfriendliness and disrespect against immigrants, and a lot has been happening quiet...We need big help in this town."- Flor Gonzalez, director of Latin American Coalition (Plainfield, NJ)(New York Daily News)

Located just south of Newark, New Jersey, Plainfield is a city of an estimated 50,000 persons. Some disconcerting signs have recently surfaced in this mid-size town. It would appear that a quiet but palpable tension has been brewing in Plainfield; the tension has been focused on the town's undocumented immigrants.

This month a federal lawsuit challenging a homeowner's right to rent to undocumented immigrants was filed. This should sound familiar; similar lawsuits or municipal ordinances have also been filed in several of towns such as Hazelton (PA), Riverside (NJ), and Escondido, (CA). In Hazleton, a federal judge overturned the town's actions. So what's the twist? This time an anti-immigration legal group has used specific legislation to pursue their actions against immigrants.

The suit was brought by the Federation for American Immigration Reform's Immigration Reform Law Institute (IRLI). The latter is the legal arm of FAIR, an organization that has opposed substantive and humane immigration reform. The suit alleges that Connolly Properties, a property-management company with rental complexes in Northern New Jersey and Allentown, (Pennsylvania), has rented its units to undocumented tenants, which constitutes unlawful harboring. IRLI cites this as a criminal enterprise that encouraged immigration. (Philadelphia Inquirer)

The suit was brought on behalf of a former employee and two tenants. According to Mike Hethmon, a lawyer for IRLI the tenants claim that the buildings they were steered into renting were occupied by undocumented immigrants who were too afraid about their immigration status to complain about the poor housing conditions. Furthermore, Hethmon said that the group decided to take on the case as part of its "attrition through enforcement" strategy or the pushing of undocumented immigrants to leave the country by making it more difficult to live in the U.S.

A Troubling Tactic to Target Undocumented Immigrants

The Immigration Reform Law Institute has opted to use the Racketeering Influenced and Corrupt Organizations Act (RICO) to target undocumented immigrants. Originally, the law was designed to prosecute organized crime and alleged criminal syndicates. RICO was expanded in 1996 to include immigration related provisions; under RICO the violation of certain provisions of the Immigration and Nationality Act (INA) meets the definition of racketeering activity.

Anti-Immigration's Golden Tool

Plainfield City Council President Harold Gibson said "I think that the people in Plainfield, in terms of the City Council and the general population...frown on illegal immigration...However, my position is that I don't think we should set ourselves up as an immigration authority in terms of people who come from other countries and work here to better themselves and help their families." (Philadelphia Inquirer)

The suit comes at a time where Plainfield's immigrant community members have suffered from a recent rise in beatings and robberies, police ticketing of day laborers, and raids by federal immigration officials.

Now lawyers who are using RICO in immigration cases argue that RICO should be more broadly interpreted to include those who hire or rent to undocumented immigrants. Donald W. Benson, a lawyer with Little Mendelson has been following the use of RICO in immigration cases states that, "Congress couldn't reach a consensus to reform the immigration laws, states are trying to fill the ga...and local groups are trying to work through local ordinances, so it's just part of a much bigger picture of immigration struggles in the U.S." (North New Jersey News)

AFSC Supports Justice and Dialogue in Plainfield

Backed by a 90-year history working for peace, justice and reconciliation in troubled areas of the world, American Friends Service Committee is a faith-based organization grounded in Quaker beliefs respecting the dignity and worth of every person regardless of their immigration status. AFSC's Project Voice initiative presses for comprehensive immigration reform that does not diminish the civil and human rights of immigrants, refugees or asylees and calls on Plainfield leaders, faith institutions and community residents to enter into a process of dialogue which would lead to a deeper understanding of both immigrant and non-immigrant residents and how both can work to promote harmony, positive growth, and a united future for the all the people of Plainfield..

Related Article: Escondido Housing Ban Threatens Human Rights

E-Verify Hits Home

2008-06-24T10:52:00.000-07:00

by Daniela Martinez Moreno
AFSC Special Projects Fellow

Representative Maxine Waters (D-CA) expressed concerns about E-Verify: "I question all of these systems," said Representative Waters. "I question whether or not we really know whether or not there is a 0.5 percent error or a 4 percent error in the E-Verify system."

On June 10, the House Judiciary Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee held a hearing on the Electronic Employment Verification System, also known as "E-Verify." The system uses information in databases maintained by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to check an individual's employment eligibility.

Representative Zoe Lofgren (D-CA), Chair of the Immigration Subcommittee, expressed concerns about the system's faulty database and the potential effects of making E-Verify mandatory for all employers. The SSA's Office of the Inspector General reports that 4.1 percent of its records contain discrepancies related to name, date of birth, or citizenship status, with 12. 7 million of those records pertaining to individuals born in the United States.

Rep. Lofgren highlighted Traci Hong's story. Hong serves as Rep. Lofgren's Legislative Counsel. When a government agency used E-verity to check Hong's work eligibility, Hong made "six separate trips" to the personnel office and to SSA to prove that she was a naturalized U.S. citizen. Navigating the system proved difficult for Hong, an immigration lawyer. "Others might have given up," said Rep. Lofgren (USA Today).

Half a Percent Goes a Long Way

Although Representative Heath Shuler (D-NC) argued that the error rate in E-Verify is "only 0.5 percent", House members pointed out that a 4.1 percent error rate in the SSA database translates to 17.8 million errors that could affect an employee's work eligibility. Subcommittee members raised questions about Representative Shuler's legislation, the Secure America Through Verification and Enforcement Act (SAVE Act, H.R. 4088), which would mandate the use of E-Verify by all employers.

Proponents of Employment Verification at Odds

Representatives Sam Johnson (R-TX) and Gabrielle Giffords (D-AZ), cosponsors of the New Employee Verification Act (NEVA, H.R. 5515) were also amongst the list of witnesses questioned by House Immigration Subcommittee members. NEVA mandates the creation of a new Secure Electronic Employment Verification System (SEEVS) that would use the SSA database to verify employment eligibility for U.S. citizens or nationals, and DHS information to verify employment eligibility for non-U.S. citizens.

According to Representative Giffords, "In Arizona, E-Verify is carrying into virtually all other aspects of life. Media outlets report instances of racial profiling and discrimination on the part of employers." Arizona became the first state to mandate the use of E-Verify for all its employers.

However, Representative Maxine Waters (D-CA) expressed concerns that NEVA still mandates the use of the faulty SSA database. "I question all of these systems," said Representative Maxine Waters. "I question whether or not we really know whether or not there is a 0.5 percent error rate, or a 4 percent error rate," Rep. Waters said.

House Members Apprehensive About Potential Discrimination

Representative John Conyers (D-MI), Chairman of the House Judiciary Committee, expressed concerns that "for many employers, it will be easier to just not hire employees with 'unusual' names or who appear foreign."

Members of the Immigration Subcommittee are also wary about the potential effects of E-Verify on employer discrimination. A September 2007 evaluation on E-Verify conducted by Westat, a research agency for the U.S. government, revealed that "31 percent of employers reported using E-Verify to verify employment eligibility before the employee's first day of paid work." E-Verify prohibits registered employers from using the program for pre-employment screening of job applications.

Despite Growing Concerns, Administration Moves Ahead with E-Verify

Despite discussions in Congress about the dangers of making E-Verify mandatory for all employers, on June 9 President George Bush amended Executive Order 12989 to mandate the use of the electronic employment verification system for all federal contractors. DHS has designated E-Verify as the electronic employment eligibility verification system that all federal contractors must use to comply with Executive Order 12989.

AFSC is troubled with this development and encourages the public to call for the laying down of E-verify. This proposed 'will have a negative impact on the rights of workers, and civil the liberties and labor rights of immigrants and non-immigrants alike. E-verify do not resolve the realities of a broken immigration system which has not kept pace with global changes, economic shifts or the root causes of migration.

World Refugee Day: A Global Urgency

2008-06-20T08:30:00.000-07:00

Today the United Nations High Commissioner for Refugees (UNHCR) commemorates the eighth annual World Refugee Day. This year's events focus on four major refugee situations: Iraq, Afghanistan, Darfur and Myanmar. According to a survey released by the U.S. Committee for Refugees and Immigrants, a half million Iraqis fled their country in 2007 (Associated Press).

Support Iraqi Refugees on World Refugee Day

AFSC joins the global community in calling for a humane and united response to the dire situations in these countries and in other regional pockets of the world. Join AFSC in bringing attention to the approximately 5 million Iraqis who fled the violence spurred on by war and occupation.

Please write a letter to the editors of your local newspapers drawing attention to this crisis. Below is a sample letter with tips and links on how to send that letter to the editor of your local paper.

> Is Your Newspaper Covering the Iraqi Refugee Crisis?

> Write a Letter to the Editor

To Learn More

> Volunteer to Help Refugees

> More About AFSC's Work with Iraqi Refugees

> AFSC's Living Beyond Borders Blog

World Refugee Day Events

To find a World Refugee Day event near you visit one of the following the links:

Philadelphia (Nationalities Service Center/AFSC)
San Francisco (UNHCR).
Atlanta, Baltimore, Boston, Charlottesville, Oakland, Phoenix, San Diego, San Francisco, San Jose, Seattle, and Tucson (International Rescue Committee).
Minneapolis (Twin Cities World Refugee Day).

(Photo Credit: AFSC - Iraqi family)

Guestworkers' Dream of a Better Tomorrow Becomes Exploitation Nightmare

2008-06-17T07:01:00.000-07:00

In 2006 Vijay Kumar and Sony Suleka travelled from India to Mississippi with a promise of gainful employment and a better life by labor recruiters in return for $20,000 (Associated Press). The advertisement for welders and pipe fitters to rebuild oil rigs destroyed by Hurricane Katrina read "permanent lifetime settlement in the USA for self and family" (Washington Post). "These workers came to help rebuild the Gulf, and on arrival their nightmare began," said Representative Dennis J. Kucinich (D - OH) this week at a rally in front of the Department of Justice.

According to the facts found in the civil class action lawsuit, filed on behalf of over 500 Indian workers, Signal International, LLC, abused the H-2B visa program in a fraudulent, coercive, and threatening recruitment process that resulted in the grave mistreatment and severe exploitation of the Indian workers.

"When we complained we were told we could be deported," said Shivan Raghavan (Washington Post).

Workers Risk Safety to Bring Traffickers to Justice

In March 2008 the workers escaped from the work camps and reported themselves as survivors of human trafficking to the Department of Justice (DOJ). The workers bravely requested that DOJ investigate the actions that led to their being held in servitude. In addition, they have agreed to cooperate with a federal criminal investigation of Signal International, LLC in order to ensure that their suffering is not repeated.

"We could have disappeared, but we chose to come forward and report the company to the Department of Justice. We sacrificed our ability to work and be with our families for the sake of bringing Signal and its recruiters to justice," the workers said in a collective statement read by Sabulal Vijayan. At the rally, the workers suspended a 29-day hunger strike as they await action from the Department of Justice.

Members of Congress Request DOJ Action

Twenty members of Congress wrote a letter to DOJ requesting a grant of "continued presence" status as trafficking victims under the Trafficking Victims Projection Act (TVPA). This would allow the workers to remain safely in the U.S. without the threat of deportation while the federal government conducts a criminal trafficking investigation.

Congressional members included Senator Bernard Sanders (I-VT), Representatives Neil Abercrombie (D-HI), Tammy Baldwin (D-WI), Robert Brady (D-PA), John Conyers (D-MI), Gene Green (D-TX), Raul Grijalva (D-AZ), Luis V. Gutierrez (D-IL), Mazie Hirono (D-HI), Mike Honda (D-CA), Dennis Kucinich (D-OH), Barbara Lee (D-CA), Jim McDermott (D-WA), Doris Matusi, James Moran (D-VA), Janice Schakowsky (D-IL), Fortney Stark (D-CA) and Delegate Eleanor Holmes Norton (D-DC). (Photo credits: Sara Ibrahim).

AFSC Joins in Call for Workers' Justice

AFSC stands in solidarity with those who suffer the injustice of being stripped of their fundamental rights of liberty, family, livelihood, and fairness.

To Learn More

Visit the New Orlean's Center for Racial Justice website and blog.

Detainee Deaths Push Congress to Act

2008-06-04T11:49:00.000-07:00

Today the House Judiciary Committee Immigration Subcommittee will question the Department of Homeland Security (DHS) in a hearing about problems with immigrant detainee medical care. "The Department of Homeland Security's denial and delay is leading to death and disability," House Judiciary Committee Chair John Conyers (D-MI) said. "It is time for answers, not excuses," said Conyers (Washington Post).

The hearing follows a series of news reports by the New York Times, Washington Post, 60 Minutes and PBS about immigration detention. Boubacar Bah, a 52-year old tailor from Guinea, detained at the Elizabeth Detention Center, lay unconscious for three days without any official informing his family. His story, reported in the New York Times, brought light to serious concerns about treatment in detention.

From January 2004-November 2007, 66 people died in immigration custody, according to a list obtained by the Times through a Freedom of Information Act (FOIA) request.

Detainee Basic Medical Care Act Introduced

This month House Immigration Subcommittee Chair Zoe Lofgren (D-CA) introduced the Detainee Basic Medical Care Act (HR 5950) to require reporting of detainee deaths to the DHS and Congress and mandate standards of care. "The legislation will help guarantee that minimal standards of care are put in place," said Representative Lofgren. Senator Robert Menendez (D-NJ) introduced a Senate companion version of the bill (S. 3005).

"Many of those in immigration custody are there for minor violations, many for administrative and paperwork related mistakes. Their detention should not be a death sentence," Lofgren said.

AFSC and Faith-Based Partners Take Action

"Our misguided national fervor to build more jails and incarcerate more individuals, even on the basis of immigration status alone, can only lead to more tragic deaths. We are in grave danger of a nationwide lack of recognition that every individual deserves to be treated with respect. We must reverse this trend before it is too late," wrote Amy Gottlieb, program director, AFSC Immigrant Rights Program in Newark in a letter to the New York Times.

Through its provision of legal services to detainees in New Jersey, leadership development, and support for families of people in detention, AFSC's Newark office has monitored the impact of immigration detention on communities. Members of those communities are bringing their stories to legislators, increasing awareness of the physical, psychological, and social costs of unjust detention.

AFSC has signed onto a national interfaith letter urging members of Congress to support the Detainee Basic Medical Care Act. The letter states, "The faith community is concerned about the government's increasing use of immigration detention and its harmful impact upon children, families and our communities...Our diverse faith backgrounds teach us that every human being must be treated with dignity and respect."

Lost in Translation: Due Process and Constitutional Rights

2008-06-02T11:57:00.000-07:00

"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.

Bill Tries to Roll Visa Backlog Forward

2008-05-28T12:15:00.000-07:00

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

Over 22,000 family-based visas went unused last year (Orange County Register). "The Department of Homeland Security and the State Department have consistently failed to use the allotted number of immigrant visas ("green cards") authorized by Congress," according to Representative Zoe Lofgren (D-CA).

Bill to "Recapture" Unused Visas

To address the issue of wasted visas, Rep. Lofgren introduced H.R. 5882, which allows the Department of Homeland Security (DHS) and the Department of State (DOS) to "recapture" green cards unused in prior years due to processing backlogs. In addition, the bill allows DHS and DOS to take unused green cards from one fiscal year and "roll them over" to the next year.

Why Do Visas Go Unissued? - Hearing Emphasizes Thousands of Unused Visas

According to United States Citizenship and Immigration Services (USCIS) and DOS officials who testified at a Congressional hearing last month, concerns of exceeding the legal limit of visas lead to visas going unused each year. While DOS processes visas for individuals overseas, USCIS processes visas for individuals already in the United States. Visas issued by DOS and green cards granted by USCIS draw down from the "same pool of limited numbers," according to Michael Aytes, USCIS Associate Director for Domestic Operations.

Testimony given at the hearing indicated that lack of updated technology continues to hinder efficiency. Aytes said that USCIS is "dealing with very basic systems that give us inventory control and the ability to manage the processing cases at a very basic level."

Action Needed: Recommendations

Addressing the current processing backlog requires focus, institutional coordination and cooperation by DOS and USCIS. AFSC supports both measures to reduce backlogs that delay immigrants' ability to become U.S. permanent residents and the removal of quotas and other barriers that impede or prolong the normalization of immigration status.

AFSC Submits Comments on "No Match" Rule

2008-04-30T12:59:00.000-07:00

Last week the American Friends Service Committee (AFSC) submitted comments on the Department of Homeland Security's (DHS) republished No-Match rule. AFSC strongly opposes DHS' reissuance of the Safe Harbor Procedures for Employers Who Receive a No-Match Letter believing that relying on outdated information and a flawed database is a disaster for the nation's workforce.

>Read the National Immigration Law Center's summary of the supplemental proposed rule here.

The use of a flawed database to verify employment serves no one, least of all employers or workers - whether native born or born elsewhere. Indeed, errors and discrepancies have already fostered apprehension and fear among workers, and could lead to racial profiling, worksite or labor rights abuse, summary dismissals and other actions that impinge on the basic civil and labor rights of all workers - regardless of their status in the United States.

>Read more of AFSC's response here.

AFSC Portland and Coloradans for Immigrant Rights Share Local Community Concerns

The daily and ongoing work with community partners, faith-based and, grassroots organizations enables AFSC to continue to learn and more deeply understand the pressing immigration policy issues which generate tension and apprehension in immigrant and refugee communities throughout the nation. For example, the proposed "No Match" ruling has already had grave consequences in several of these communities, including job loss and the ensuing worry of how to make ends meet in an already dismal setting in which undocumented immigrant workers are targeted. Yet, legislative and policy solutions to address this situation have been repeatedly stalled.

AFSC Portland Area Program Office and Coloradans for Immigrant Rights, a partner project of AFSC recently submitted comments providing regional perspectives on the detrimental impact of the proposed rule.

Since the issuance of the proposed rule, AFSC Portland and CFIR have received an increasing number of calls from community members reporting increased fear and confusion as employees and employers struggle to understand the policy.

According to AFSC Portland Office Immigration Specialist, Alice Perry, "Due to the current anti-immigrant climate, many citizens of Latino descent in Oregon have reported racial profiling across a number of areas. Reissuing this rule can only make it worse," she wrote in the public comment submitted to DHS.

AFSC strongly urges DHS to pursue worksite policies, which enable employers to help their workers adjust their immigration status, even as those workers continue to contribute to the nation's economic vitality. Rather than re-craft a failed approach to our nation's immigration issues, AFSC urges the administration to pursue realistic and effective policies which provide a due and fair process for the immigration adjustment of immigrant workers who work and who contribute to the nation's economic and social vitality.

AFSC Responds to Proposed H-2A Visa Program Changes

2008-04-17T07:58:00.000-07:00

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

On April 14, AFSC submitted public commentary on proposed changes to the H-2 A agricultural guestworker program requirements. "With more than four decades engaged in direct community work and partnerships with farm workers and their families, and other leading faith organizations, AFSC is troubled that proposed changes to the H-2A Visa program lack a coherent process for the integration of workers," AFSC stated in the comment to the Department of Labor. AFSC joined hundreds of organizations including Farmworker Justice to issue comments in opposition to the Administration's plan to overhaul the H-2A agricultural guestworker program. Photo Credit: Echando Raices/Taking Root.

> Read more of AFSC's response here.

Changes Reduce Wages and Labor Protections

In February, the Department of Labor (DOL) proposed new regulations to change the H-2A guestworker program, which they claim will make it easier for farmers to obtain a much-needed workforce through legal channels. However, the proposed regulations significantly reduce the wages of agricultural guest-workers and weaken the already modest labor protections.

The proposed regulations mandate the use of the Bureau of Labor Statistics (BLS) database in order to calculate the wages of the workers. According to advocacy organizations Farmworker Justice and United Farm Workers (UFW), the use of the flawed BLS surveys significantly reduce workers' wages.

Congressional Leaders Urge Withdrawal of Proposed Regulations

Last month five senior members of the House of Representatives, including Rep. George Miller (D-CA), Chairman of the Committee on Education and Labor, and Rep. John Conyers (D-MI), Chairman of the Judiciary Committee, sent a letter to Department of Labor Secretary Elaine L. Chao urging the DOL to withdraw the proposed H-2A regulations.

The proposed regulations "fly in the face of the very purpose" of the DOL, wrote the House members, which is to promote and foster the welfare of the wage earners in the U.S. and improve their working conditions.

Needed Reforms Must Not Compromise Worker Rights

AFSC emphasizes that much-needed reform to the H-2A program must not compromise worker rights and also ensure that all workers are protected and treated in compliance with national labor standards. Furthermore, any changes to the H-2A program should involve the oversight and leadership of appropriate Congressional leaders and committees charged with safeguarding worker rights and labor protections.

AFSC will monitor the unfolding discussion and work with faith and other organizations including community organizations and unions to ensure that the nation's workers are protected. We will remain attentive and continue to speak in support of policy proposals and humane measures, which strengthen the rights of all workers and remain true to the nation's founding principles of due process and justice.

Congress' Deadline for Fence Falls Short of Border Reality

2008-04-03T07:16:00.000-07:00

Legal Hurdle Side-stepped For Now

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

Developments in lawsuits between the Department of Homeland Security (DHS) and Texas landowners indicate that the Congressional timeline for border fence construction fails to account for residents' rights. A Government Accountability Office (GAO) report found "difficulties in acquiring rights to border lands" as a factor in problems meeting deadlines for the border fence.

DHS Announces Waiver of Environmental Laws to Build Fence

Furthermore, DHS has announced that it will waive federal environmental laws to move forward in the building of the 670 miles of border fence. House Homeland Security Committee Chair Bennie Thompson (D-MS) said the waiver "represents an extreme abuse of authority" (Washington Post). During yesterday's DHS oversight hearing, Senate Judiciary Committee Chair Patrick Leahy (D-VT) said the fence "seemed to be a mean-spirited and costly effort" especially to landowners.

DHS sued 50 Texas landowners who oppose government requests to grant survey access to their private property. Over 25 landowners testified at a federal hearing that the government made no attempt to negotiate a price for accessing their land before the lawsuit began (Houston Chronicle).

University Reaches Agreement with DHS for Access to Campus

In a landmark move, DHS dismissed its lawsuit against the University of Texas-Brownsville and Texas Southmost College (UTB-TSC) last month after the parties reached an agreement hours before a scheduled court appearance. Judge Hanen hopes that the agreement will serve as a model for similar cases. However, the DHS lawsuits with other landowners remain unresolved.

Enforcement-Only Bills Fail to Heed Lessons from Texas

Despite opposition to the border fence from South Texas residents, members of Congress continue to push for an enforcement-only approach that fails to offer constructive solutions for immigration reform. This month, ten Senators introduced a package of enforcement-only bills.

The package includes the Complete the Fence Act (S. 2712) introduced by Senator Jim DeMint (R-SC). The bill would require DHS to complete at least 700 miles of reinforced fencing along the southwest border by December 31, 2010.

Senators Disagree: Call Enforcement-Only Bills "Unworkable" and "Unbalanced"

The enforcement-only bill package received criticism from Senators who played critical roles in previous immigration debates. Senator Edward M. Kennedy (D-MA), said his colleagues are offering "unworkable solutions to complex immigration issues that only make the problem worse." Senator Robert Menendez (D-NJ) said while "mainstream America knows full well that the immigration system is broken, they also recognize that "an unbalanced, narrow approach won't fix it."

AFSC Calls for Upholding the Rights and Dignity of Border Residents

The American Friends Service Committee's (AFSC) decades of work with allies and communities along the southern border include programs in California, Texas and Arizona. AFSC's on-the-ground-work with communities most directly impacted by DHS physical changes to the terrain and to the community ignores the voices and quality of life of border residents, many who have lived in the area for decades.

AFSC reiterates its call for constructive and humane solutions to immigration issues including policies that are rooted in support the human rights of, the environment including the natural habitat of local wildlife endangered animals, and the quality of life of communities and families that have lived along the U.S. border for decades.

A Face for Change: Luissana Santibanez

2008-03-24T12:35:00.000-07:00

Meet Luissana Santibanez (24), an immigrant rights advocate in Austin, Texas. The Open Society Institute recently named her one of the 2008 Soros Justice Fellows among 18 criminal justice advocates. Santibanez plans to build a Texas-based network of former immigrant detainees and raise support for policies to protect their rights (Austin American-Statesman).

"Our goal is providing support and amplifying the voices of former detainees and their families in the broader immigration debate," said Santibanez. "We believe there hasn't been enough attention given to immigration detention."

"Luissana always brings a fresh opinion to our program and we work closely with her on local issues dealing with immigration including the Hutto Detention Center," said AFSC Austin Program Coordinator Josefina Castillo. Santibanez became an AFSC partner through the Texas-based human rights organization Colectivo Flatlander and joined the AFSC Area Program Committee last year.

Photo: Luissana Santibanez (left) works with colleagues during a Colectivo Flatlander "Life with Dignity Workshop" (Taller Vida Digna) (photo courtesy of Josefina Castillo).

An Advocate's Personal Story

Santibanez's commitment draws from her personal experience. She cares for three siblings, all U.S. citizens, while studying at the University of Texas. Her mother, Sergia Santibanez was deported last year. "I am forced to raise my siblings without the love and guidance of the one person we need most in our lives," she said.

"Luissana's case is the perfect example of the harsh impacts of the 1996 immigration law," explained Paromita Shah, associate director of the National Immigration Project of the National Lawyers Guild. "It never gave her mother her day in court," said Shah. >To learn more about her case click here.

Support Luissana's Work for Immigrant Rights

To learn how you can support Luissana's work for immigrants' rights in Austin please contact AFSC Austin Program Director Josefina Castillo at jcastillo@afsc.org.

Photo: Luissana brought presents and holiday cheer to children detained in the Hutto Detention Center last December.

Take Action to Stop the Detention of Children and Families

Luissana's future work will draw attention to the difficult reality of immigrants who have been detained. Despite the attention drawn to the increased number of raids and deportations, the most recent Congressional proposal is a disturbing repeat of failed policies.

The SAVE Act (H.R. 4088), also known as the Schuler-Tancredo bill, now under consideration in Congress increases the imprisonment of children and families. The bill would create a family detention space modeled after the infamous Hutto Detention Center in Texas.

This facility houses 400 detainees. Half of these are children who are part of refugee families seeking political asylum after fleeing persecution in their home countries.

Meanwhile the bill fails to address concerns about the treatment of those who are already in detention. On March 11, members of Congress filed a "discharge petition," which would force the House to vote on this flawed bill without review by a committee.

Call your Representative today; contact the Capitol Switchboard at (202) 225-2141.

Ask your Representative's office to:

Oppose the SAVE Act (H.R. 4088) discharge petition. Please do not let our taxpayer dollars fund the imprisonment of children and their families.

We need evenhanded and humane solutions, not impractical and unreasonable policies.

Immigration and Community Values

2008-03-19T09:20:00.000-07:00

Alternative media is reaching out to engage youth and the rest of the nation in voicing their support for values, which respect the individual, honor the principles of inclusion and promote unity. The Movement Vision Lab Video Contest is just one of these recent efforts.

The Movement Vision Lab is holding a national contest to engage the public in voicing their thoughts about immigration and promoting dialogue between immigrants and non-immigrant communities.

Cast Your Vote

Watch the finalists' videos by clicking here. Post a comment stating which video you like most and why. The comment period lasts two weeks. Vote for the video that you think best tells America that, immigrants and citizens alike, we're all in it together!

Preview a Video on Raids

The finalist featured below focuses on the reality of raids. The video includes media coverage of the Immigration and Customs Enforcement (ICE) workplace raid in Van Nuys, California last month.

"Undocumented Irish Are Not So Lucky"

2008-03-17T08:57:00.000-07:00

"Today's undocumented Irish are not so lucky," Emmy Award-winning actress Fionnula Flanagan said at this year's St. Patrick's event honoring the Top 100 Irish Americans. Flanagan knows how easily a person can fall out of status from her experience as an undocumented immigrant in the United States. (Irish Lobby for Immigration Reform). Flanagan called on Irish Americans to contact their legislators and support immigration reform.

Irish Share Struggle with Recent Immigrants

Flanagan recognized the shared struggle for fair immigration policies. "Over the years, when asked, I have lent my name and whatever support I could to a variety of organizations in southern California which have championed sanctuary and the rights of immigrants who come largely from Central America. Their struggle is not easy and the bias against them is horrendous," she said.

"We must not turn our backs on people because it is not fashionable to support them. We must not forget those who are less fortunate than ourselves," said Flanagan.

"Newcomers should be welcomed and embraced by our community, not pushed to the fringes. Ask the Irish about that one," wrote Sister Susan Lena Deevy, Executive Director of the Irish Immigration Center in the Boston Herald.

Irish Lobby for Immigration Reform Meets with White House

According to the Irish Lobby for Immigration Reform, there are an estimated 50,000 undocumented Irish immigrants in the United States. Representatives of the group recently met with top-level White House advisors to press for action on immigration policies.

Will You Join the March for Fair Laws?

2008-03-16T13:29:00.000-07:00

by Sara Ibrahim and Daniela Martinez Moreno,
AFSC Special Projects Policy Fellow

A Call to Put Faith before Fear

This Palm Sunday neighbors and clergy members began an annual week-long Pilgrimage for Justice and Peace in North Carolina in Representative Heath Schuler's (D-NC) home district. These residents believe that Representative Schuler's bill, the SAVE Act (H.R. 4088), fails to represent their faith values.

The SAVE Act "would force all workers, including citizens, to prove they have a right to earn a living - bad idea compounded by the notoriously bad state of federal government records," according to the New York Times. This week's march calls on Schuler and other North Carolina leaders to take an alternative approach, which welcomes immigrants, changes immigration policies and respects family unity.

House Members Try to Force Vote on Bad Bill

The timing of the Pilgrimage coincides with a move by members of Congress to march forward on this bad bill. On March 11, House members led by Representative Thelma Drake (R-VA) began circulating a discharge petition that would force the SAVE Act out of committee and onto the House floor for a vote if signed by 218 members.

How You Can March in Solidarity

You can take the lead of our friends in North Carolina by taking action. "The Pilgrimage is an annual tradition here in North Carolina during Holy Week as a way to 'live out our faith' and express solidarity with immigrant families," said Antonio Vasquez of AFSC Charlotte.

Take a Minute to Stop H.R. 4088

Call your Representative's office today at (202) 225 - 3141 (Capitol Switchboard). Ask your Representative to oppose the SAVE Act discharge petition. > Click here for the Action Alert.

Please take a minute to log your call by visiting the AFSC webpage and entering your zip code.

Support the Pilgrimage for Justice and Peace

For more information on the Pilgrimage for Justice and Peace in North Carolina led by the Carolina Interfaith Taskforce on Central America and supported by AFSC contact Antonio Vasquez at (704) 568 - 3602 or avasquez@afsc.org. > Click here for the Pilgrimage schedule.

"SAVE" Immigration Bill Repeat of Past Disappointments

2008-03-13T06:45:00.000-07:00

The American Friends Service Committee (AFSC), which advocates for constructive and humane immigration policies, considers the Secure America through Verification and Enforcement Act (SAVE) another disappointment because it is grounded in political posturing and rehashes ill-conceived, punitive positions from previous Congressional debates.

"The SAVE Act puts our civil liberties and the privacy of all workers at risk," says Esther Nieves, director of Project Voice, AFSC's national immigrants' rights program. "Political expediency and partisan tactics seem to be the order of the day. It is critical that the public contact legislators and advocate for more evenhanded and sensible policies."

The Service Committee monitors Congressional discussions and finds the SAVE Act to be unworkable, specifically because it steps up the militarization of the U.S.-Mexico border, enacts an impractical national employment verification program, and blurs the line between local police and Immigration and Customs Enforcement (ICE) officers. It is particularly unfortunate that this bill has support in Congress given the anti-immigrant rhetoric of this election year.

AFSC has issued a national action alert and regional AFSC offices have taken local actions urging the public to press for a bipartisan dialogue leading to achievable immigration legislation. The Service Committee continues to call for feasible solutions that include a path to lawful permanent residency, fair labor laws and policies that keep families together.

The American Friends Service Committee supports the rights and dignity of all people, regardless of their immigration status. Project Voice, the AFSC immigrants' rights initiative, works to uplift migrant voices and strengthen efforts of migrant-led organizations to set an agenda for fair and humane national public policies. AFSC has 90 years experience working with immigrants and refugees and presently works with immigrants in 18 communities in fourteen states and in 22 countries around the world.

>Take Action

Disturbing Pattern of ICE Raids Questioned by Leaders

2008-03-10T07:02:00.000-07:00

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."

Action Alert: STOP the SAVE Act Today

2008-02-29T12:00:00.000-08:00

After last year's heated immigration debate that failed to produce new immigration laws, many in Congress are trying to pass enforcement-only measures that will make life worse for immigrant families and all U.S. workers.

The latest is the so-called SAVE (Secure America Through Verification and Enforcement) Act, currently being considered in the House of Representatives.

Please call your Representative today to stop the SAVE Act (H.R. 4088) a deportation-only immigration proposal.

Find your representative's number, find talking points for your call, and tell us about your call on our web site or call the Capitol switchboard at 202-224-3121.

Ask to be connected to your representative's office and tell them:

Please say NO to H.R. 4088! I oppose the SAVE Act. I want humane immigration reform that protects our rights. The SAVE Act (H.R. 4088):

Hurts every U.S. worker by using a faulty verification system for all workers, without safeguarding their labor rights and privacy.

Increases imprisonment of children by expanding family detention space without addressing concern about the way the government treats those who are already detained, including children and their families.
Wastes taxpayer dollars by putting resources toward ineffective border fencing without addressing the root causes of migration.

At a time when our nation's economy is frail and weakened, we urge you to support immigration policies which that stop the wasteful spending of taxpayer dollars, produce humane and sensible solutions, and keep immigrant families together.

Please share this alert with friends, colleagues, and your community networks. Have them call today.

In the past year, we have produced thousands of calls and emails promoting a more humane and fair immigration policy. Thank you all for your ongoing support.

Stepping Forward for Children's Health

2008-02-23T10:18:00.000-08:00

March Celebrates Rule to Protect Schools from Pesticides

Martin Cuevas of AFSC's Farm Labor Program, Proyecto Campesino, (pictured above) participates in a historic quarter mile march in Plainview, CA on February 20th. Photo Credit: John Tipton, Noticiero Semanal.

The march commemorated a new regulation enacted this year in Tulare County. The rule prohibits aerial spraying of pesticides within a quarter mile of residential areas, occupied labor camps, or schools in session within 24 hours of the pesticide application (Fresno Bee). Participants included local residents and advocacy organizations including AFSC, the Center on Race, Poverty and the Environment and Californians for Pesticide Reform (The Portville Recorder).

"Pesticide exposure affects learning," said AFSC Proyecto Campesino Program Coordinator Graciela Martinez. Pesticide drift caused over one-third of pesticide-related illnesses at California schools between 1996 to 2005, according to an Associated Press report. The report found 590 pesticide-related illnesses at schools within those years.

Participants in the march walked a quarter mile to demonstrate how far the spraying should occur from schools. No federal law exists to ban pesticide spraying near schools. Advocacy organizations in California are lobbying for state-wide laws.

Organizers March Onward to Safeguard Children

"There is still a lot of work to be done," said Martinez. "One of the next steps is to attempt to keep schools from being built in ag-surrounded areas," she said.

AFSC Proyecto Campesino and its allies in the San Joaquin Valley area plan to work next on ground application of pesticides. State law still allows ground-based spraying of pesticides in residential areas and around schools (Fresno Bee).

To learn more about AFSC Proyecto Campesino click here.

Mount Rainier Strives to Find Voice in Immigration Debate

2008-02-21T09:56:00.000-08:00

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

Mount Rainier, a city of 9,000 in Prince George's County, Maryland, did not pass Ordinance 2-2008 during a scheduled vote on February 19 after council members Alta Morton, Bryan Knedler and Mayor Malinda Miles voted to table the ordinance indefinitely. Council member Jimmy Tarlau, who supports the ordinance, explains that "after receiving a good many e-mails and listening to the public comment, I believe our community is divided on this issue so there is in fact no mandate on how to vote."

The ordinance, proposed by Mount Rainier City Council Member Pedro Briones, reaffirms the city's tradition of respecting the human rights and dignity of all residents and establishes city policy regarding federal immigration laws. The legislation would also prohibit "any agent officer, employee, contractor or subcontractor of the City" from assisting the Department of Homeland Security (DHS) or the Bureau of Immigration and Custom's Enforcement (ICE) in "any investigation or arrest of any persons based solely on their immigration status."

Ordinance Draws Support During Public Hearing

Ordinance 2-2008 received sound support from community members during a February 12 public hearing at Mount Rainier City Hall. One community member said he was "proud of Mount Rainier for considering adopting this ordinance." Another resident affirmed that "this ordinance is in standing with who we are at Mount Rainier."

The hearing also drew the attention of a number of elected officials, state groups and individuals from outside the area. Maryland State Delegate Victor Ramirez (D-Prince George's County) and Prince George Councilman Will Campos encouraged Mount Rainier officials to approve the ordinance and to take a stance against the anti-immigrant rhetoric. American University law professor Jayesh Rathod suggested that, from a legal perspective, Mount Rainier should pass the ordinance because it could protect documented immigrants as well as undocumented immigrants.

Absence of Federal Legislation a Persistent Community Concern

At the same time, a number of community members opposed the idea of the Mt. Rainier City Council tackling the issue of immigration. One community member argued during the hearing that the City Council should not address an issue that she considers strictly federal. Another resident said that "it is not the right time to pass this resolution" and suggested the need for an on-going dialogue between the community members before such an ordinance is considered.

Community Hopes to Reflect on Valuable Lessons and Move Forward

Despite the Council's decision to table Ordinance 2-2008, Councilman Tarlau found the experience educational. Though he recognizes that the community is divided on the issue and that immigration laws are a federal issue, he believes that "how we deal with diversity in our community is definitely a local issue."

"I firmly believe that passing an ordinance that states that we will not ask questions about people's immigration status puts us on record that we think the immigration laws in this country are broken and that we are a community that welcomes immigrants into a community," said Councilman Tarlau. "At the end of the day we all want to work together to improve our City and I will continue to work hard to do that."

You can join the many voices that support Mount Rainier's effort to uphold the inherent value and dignity of every member of its community:

Contact Council members Pedro Briones and Jimmy Tarlau and thank them for supporting the human rights and dignity of all Mount Rainier residents regardless of their immigration status:

- Pedro Briones: 301-277-1833
- Jimmy Tarlau: 301-335-6099

Changes to Border Fence Language Debated As Property Owners Oppose Intrusion

2008-02-01T09:53:00.000-08:00

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

Senator Kay Bailey Hutchison's (R-TX) amendment to the Fiscal Year 2008 Omnibus Appropriations bill (H.R. 2764) signed into law last month caused a flurry of action in the House of Representatives. Provisions in Hutchison's amendment:

- Require the Department of Homeland Security (DHS) to "consult with the Secretary of the Interior, the Secretary of Agriculture, States, local government, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites" of fence construction;

- Mandate the construction of 700 miles of fence along the U.S.-Mexico border, out of which 370 miles must be completed by the end of 2008; and,

- Provide the Secretary of Homeland Security discretion to determine whether or not the placement of fencing along an international border of the United States is "the most appropriate means to achieve and maintain operational control over the international border at such location".

According to the Senator, her amendment takes a positive step towards construction of the border fence by requiring consultation with landowners and local elected officials, many of whom feel ignored by the federal government as it continues to plan the building of 130 miles of fencing in Texas (Houston Chronicle).

In addition, the Senator claims that all eight Senators representing the four border states - Senators John Cornyn (R-TX), Jon Kyl (R-AZ), John McCain (R-AZ), Pete Domenici (R-NM), Jeff Bingaman (D-NM), Dianne Feinstein (D-CA) and Barbara Boxer (D-CA) - are co-sponsors of the amendment's border-fence language.

A number of border fence proponents in Congress criticized Hutchison's amendment for changing the Secure Fence Act of 2006, which mandates the construction of 700 miles of double-layered, reinforced border fencing. However, Senator Hutchison asserts that her amendment is not about whether or not the fence will be constructed, but when and how it will be constructed.

House Members Target Hutchison Amendment

In response to Senator Hutchison's amendment, three members of the House of Representatives introduced border-enforcement bills that modify or repeal certain sections of the amendment.

On January 15, Representative Jim Marshall (D-GA) introduced the Immigration Law Corrections Act of 2008 (H.R. 4960). This bill strikes a paragraph in the Hutchison amendment, which gives the Secretary of Homeland Security discretion regarding border fence placement.

The following day, Representatives Walter Jones (R-NC) and Peter King (R-NY), the original sponsor of the Secure Fence Act of 2006, introduced the "Fence by Date Certain Act" (H.R. 4987). Representative Jones argued that Hutchison's amendment weakens the Secure Fence Act of 2006 (H.R. 6061) by stripping its requirement that the fencing be double-layered at specific areas of the border, and completed by certain dates. His bill requires 700 miles of double-layered fencing to be constructed by June 30, 2009.

On January 23, Representative Duncan Hunter (R-CA), author of the Secure Fence Act of 2006 fencing provisions, introduced the "Reinstatement of the Secure Fence Act of 2008" (H.R. 5124). Representative Hunter's bill strips the provision in Senator Hutchison's amendment that requires the Department of Homeland Security to consult with the local government, Indian tribes, and U.S. property owners. In addition, the proposed legislation mandates the construction of at least 700 miles of double-layered border fencing in locations determined by the Secretary of DHS within 6 months of the bill's enactment.

Representative Hunter inaccurately claims that "consultation" language could open fence construction to many challenges. The language in the Hutchison amendment does not require that DHS abide by decisions of the consultation.

Hutchison Amendment Does Little for Locals Protesting Border Fence

Regardless of Hutchison's amendment, the failure of a recent lawsuit involving DHS fence construction indicates that local community efforts to stop construction of the fence face an uphill struggle. On January 30, the Justice Department sued six Texas property owners in Cameron County who refused to grant DHS access to their land for border fence surveying (Houston Chronicle). Their collective action came in defiance of Brownsville Federal District Court Judge Andrew Hanen's rule on January 29 requiring that the property owners allow DHS officials access to their land.

Border town community members and local officials alike continue to be frustrated by DHS attempts to disrupt their way of life by imposing the construction of a fence. Whether double-layered or not, building a fence at the border has never proven to be a long-term, practical solution to the immigration dilemma. Once again, local property owners and border communities are receiving the brunt end of the deal as their quality of life is disturbed and altered.