You are browsing the archive for deportation.

Court Strikes Local-Level Deportation Enforcement, Helping Immigrant Families

8:00 am in Uncategorized by RH Reality Check

Written by Sheila Bapat for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Police Raid

A new ruling changes local enforcement of immigration.

On August 7, the U.S. Court of Appeals for the Fourth Circuit ruled that local police do not have the power to enforce deportation orders without explicit instruction from federal authorities. In the decision, Judge James A. Wynn wrote that “absent express direction or authorization by federal officials, state and local law enforcement officers may not detain or arrest an individual solely based on known or suspected civil violations of federal immigration law.” The ruling helps clarify the Supreme Court’s vague decision in Arizona v. United States last year about local discretion in enforcing immigration orders.

The civil rights ramifications of the Fourth Circuit’s ruling are clear. Less obvious are the economic consequences for immigrant families who fall within the Fourth Circuit’s jurisdiction, and whose livelihoods can now less capriciously be upended by local police.

As the Center for American Progress pointed out in a 2012 report:

The economic fallout of a deportation is perhaps the most significant of the long term consequences of immigration enforcement. … Prior to a detention or deportation, [many immigrant] families constitute a class of low-wage workers. With a detention or deportation, families slip easily into poverty. For families experiencing a detention or deportation, household income drops drastically from one day to the next, which is a shock for families already getting by on low wages.

The plaintiff in the Fourth Circuit case is Roxana Santos, a Salvadoran dishwasher at a Maryland food co-op. In the fall of 2008, Santos was approached by local police while she was on her lunch break at work. For 15 minutes the officers questioned her, looked at her Salvadoran identification, and then ran a background check, which revealed her outstanding deportation warrant per the Immigration and Customs Enforcement (ICE).

Santos was then jailed for the next 36 days, during which time she was separated from her 1-year-old son.

Her experience is not rare. “People in the community were sharing with us that they were being stopped and harassed,” said Enid Gonzalez, senior manager of Legal Services at Casa de Maryland, an immigrant rights and legal services organization based in Baltimore that aided Santos. The systemic seizures are believed to be at the behest of Sheriff Chuck Jenkins of Frederick County, Maryland, who, according to immigrant rights advocates, has been zealously enforcing deportation orders without federal direction.

While the Fourth Circuit’s decision does not explicitly mention Santos’ family or economic status, the implications are clear: She was an immigrant woman dishwasher sitting on a curb eating a sandwich when two armed officers approached, questioned, arrested, and jailed her.

Read the rest of this entry →

Passing the DREAM Act Would Acknowledge the Human Rights of Migrant Children and Benefit All of Us

8:19 am in Uncategorized by RH Reality Check

Written by Marianne Møllman for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Two DREAM activists

November 6th was a good day for human rights, at least in Maryland. Not only did the state’s voters support same-sex marriage, they also voted in favor of expanding access to higher education for all of Maryland’s students, regardless of their immigration status.

While the Maryland ballot initiative on education is great for young migrants in that state, it highlights the fact that federal action is sorely needed to protect the human rights and dignity of migrants everywhere.

There is some good news. In June this year, President Obama signed an executive order preventing the Department of Homeland Security from deporting undocumented immigrants under 30 who came to the United States before they were 16 years old, and who fulfill a number of other criteria regarding their moral standing and education.

However, while this change rightly was hailed as a positive development for hundreds of thousands of young people, it does not overcome the need for legislative action — President Obama himself called it a “stop-gap” measure. In fact, it is now more than decade since a bipartisan initiative proposing similar benefits first was introduced in the Senate under the title “Development Relief and Education for Alien Minors (DREAM) Act.”

The idea behind the original bill — and the various versions of it introduced over the years — was to open the possibility for higher education and ultimately citizenship for noncitizen children of good moral character, regardless of their immigration status.

And the idea is solid. The individuals potentially covered by these bills are already a positive part of their communities, and many know no other home than the United States. They are, for all intents and purposes, Americans in everything but paperwork. Moreover, maintaining the documentary limbo many of them are in does nothing but make it more difficult for them to pay tax, improve their education, or otherwise contribute constructively to society. In other words: refusing to regularize the status of undocumented children risks turning them into the pariahs they never were.

However, since the first DREAM Act was introduced in 2001, and despite the passage of a version of the bill in the House of Representatives in 2010, no final legislation has been approved by both houses. Arguments that the bill would foster illegal immigration or potentially shield gang members do not bear out in reality. For starters, the bill explicitly seeks to exclude those with a criminal background and applies equally to documented and undocumented aliens. Also, from a pragmatic perspective, most people migrate because they can’t provide for their families at home, not because they think they can “pull one over” on their host country. The lack of DREAM Act-like legislation does not make foreign-born children magically disappear or “self-deport.” Rather, it prevents them from fulfilling their potential as participants in society, thus becoming more of a burden than they otherwise would have been: a lose-lose situation if ever there was one.

But even more importantly, education is a human right. Numerous international human rights bodies have repeatedly clarified that states must protect the human rights of those living in their territory, regardless of their legal status. Certainly, states can and must independently determine their immigration and access policies, but they cannot decide whether any one individual has rights: we all do.

Up until this week, 11 states had already adopted their own versions of the DREAM Act, including California, Texas, and New York, all states with large and rapidly growing foreign-born populations. It is telling that states with large immigrant populations know that providing immigrant children with access to higher education only can be beneficial to everyone.

The ballot initiative approved in Maryland this week sends a powerful message to Congress that states are willing to provide, piecemeal, what the federal government should be providing, wholesale. It also underlines the uneven nature of legal protections for immigrants until federal law is passed, especially because immigration generally remains under federal purview. Hopefully, passing a federal DREAM Act is a priority item on the agenda of the new Congress.

Photo by Connie Ma under a Creative Commons Share Alike license on Flickr

Criminal Injustice: Arrested and Detained Parents Are Denied Opportunity to Contact and Make Arrangements for Their Children

10:10 am in Uncategorized by RH Reality Check

Written by Melanie Tom & Laura Jiménez for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

This article is one in a series published in collaboration with our sister organization, Strong Families.

“Safety and security don’t just happen, they are the result of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear.” – Nelson Mandela

Photobucket If you can, take a minute and imagine a situation where you are arrested or detained for some reason. Now imagine that you have children at home or in school awaiting your arrival but you never show. You are also not given the opportunity to make a phone call to ensure that your children are placed safely in the care of a trusted friend or family member so they are placed in Child Protective Services. This is happening right now to families all over America and it has to stop.

A part of keeping families safe and secure is making sure that in times of misfortune, children and their parents are able to communicate. Some families in America are not given that option. According to the Shattered Families report released late last year by the Applied Research Center (ARC), more than 5,000 children of undocumented people are currently in the foster care system throughout the states because their parent(s) are either in immigration detention or have been deported. Because of the difficulty of coordinating efforts between local law enforcement agencies, county child welfare departments and the Department of Homeland Security, many parents in this situation have not been able to make their own arrangements for their children so that a family member can care for them, and many have even had their parental rights terminated.

This situation is unacceptable and violates the basic human rights and dignities of families in this country. It is inhumane that governments at all levels have allowed this situation to continue without making some simple fixes -– fixes that would ensure that children know that their parents are safe and vice-versa.

AB 2015 – the Calls for Kids Act, sponsored by Forward Together and California Latinas for Reproductive Justice, suggests some simple solutions to this problem. This bill will ask California law enforcement to take responsibility for our village of children and help parents to do their jobs by facilitating additional phone calls for them to arrange care for their children when arrested, as already permitted under the existing law. And it proposes a way for parents to notify their children’s caregiver when they are detained by Immigrations and Customs Enforcement (ICE) in order to prevent the loss of contact that has been experienced by so many families thus far.

This is an issue of importance to us because of the disproportionate rates of incarceration of people of color through the criminal (in)justice system and the rising rates of detentions and deportations by the Department of Homeland Security. Not only are people of color being targeted but now our children are being undeservedly taken away from us because of a lack of implementation of policy and an all-around lack of empathy from law enforcement.

Women and families of color have done our best to provide safety and security of our children. This is our resistance, our determination to raise whole, healthy families in spite of the oppressive circumstances of our lives. Let our collective vision be that all families matter – promote family unity, protect parental rights, prevent children from entering foster care unnecessarily.

Support Calls for Kids by taking action NOW!