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Archive for the ‘U.S.-Mexico Border’ Category

The US Department of Justice is attempting to position itself as tough on racial profiling and violations.

While its arguments in front of the Supreme Court last week against parts of Arizona’s SB1070 were more about asserting the DOJ’s power to enforce immigration laws than insuring the rights of others, especially Latinos, race and ethnicity was an unspoken subtext.
Most recently the U.S. Justice Department kept the pressure on Arizona by targeting Maricopa County Sheriff Joe Arpaio. Following a breakdown in negotiations pushing for his police department to be monitored because of racial profiling allegations, yesterday the department announced its intent to sue. The DOJ is seeking to federally monitor Arpaio’s practices including targeting Latinos (or those perceived as Latinos) for unjustified traffic stops and arrests and prioritizing low level immigration offenses over investigating a backlog of sexual assault cases.

While federal oversight of Arpaio’s office is long overdue (just do a search with Arpaio’s name in our own search box to see for yourself), the question that remains unanswered is how to we get the Federal Justice Department to monitor themselves?

So far the Federal Justice Department has refused to investigate the death of Anastasio Hernández-Rojas or any other death that has occurred on the U.S. Mexican border at the hands of Border Patrol. Some organizations, politicians like Senator Robert Menendez, Reps. Raul Grijalva, Xavier Becerra, Jared Polis and Lucille Roybal-Allard, and individuals are putting pressure on Attorney General Eric holder to open an investigation of all killings committed by the Border Patrol since 2010. Yesterday the American Civil Liberties Union filed a complaint with the Department of Homeland Security also demanding an investigation into border patrol related deaths.

If the Department of Justice is interested in doing more than just flexing it’s muscle to show states Federal supremacy, than it needs to take a look at how the U.S. Border Patrol treats both U.S. and Mexican citizens like Anastasio. Otherwise it’s hard to believe that Eric Holder is interested in anything resembling justice.

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The criminalization of immigrants in border states like Arizona has been in the news this week since the Supreme Court today begins hearing the U.S. federal government make the case that parts of Arizona’s S.B. 1070 step on the toes of national enforcement and therefore should be nixed. Not so much in the news is the way that federal policy has contributed to that criminalization and in fact has led the way by militarizing the Mexico U.S. border with deadly results.

Two years ago Anastasio Hernandez Rojas was killed by border patrol agents. You can find our original post about it here. At the time of his death, DREAMers in New York City were holding a hunger strike in front of Senator Schumer’s Manhattan office. Today, there is no DREAM Act, no New York Dream Act, and no justice for Anastasio Hernandez Rojas and the family he left behind. What we do have two years later is more hard evidence that the border patrol agents responsible for the death of a father and a husband acted brutally.

Last Friday, the PBS news series, Need to Know, in partnership with the Nation Institute, aired an investigation on the use of excessive force by U.S. border patrol agents. In this episode there is video evidence that 42 year old Hernandez Rojas was beaten. On his hospital deathbed, he is bruised. Eyewitness video features graphic heartbreaking screams of the father of five pleading for his life. Never before released eyewitness video shows a dozen or so border agents standing over and around Hernandez Rojas handcuffed and hogtied on the ground being tased five times. Not in the video, evidence of Hernandez Rojas being aggressive and violent as claimed by officials.

Although the official cause of death on Hernandez Rojas death certificate is homicide, the names of of those involved remain unknown. There is currently no investigation.

Far from being a one off, eight people have been killed along the border over the past two years at the hands of the largest police force in the U.S., border patrol agents. In all the cases there were no investigations. No trials and certainly no convictions. In fact according to the report, when the ACLU filed a Freedom of Information Act request for information regarding Border Patrol policy and procedure on the use of force, specifically taser and deadly force, the response was useless blacked out papers. Is this the additional “boots on the ground” border policy that Obama so proudly proclaims? Is this what is being argued in favor of by a Department of Justice who is defending its right to enforce immigration laws while arguing against state laws like S.B. 1070?

I am not denying the horrible nature of state anti-immigrant legislation which impacts the daily life of all Latinos. But I will also not ignore the spirits of the dead like Anastasio, Sergio Adrian Hernandez Güereca, the spirits of the women sexually assaulted on the border by law enforcement, and Ramses Barron Torres – all crying for justice.

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Last week the Department of Homeland Security announced alleged changes to the way the controversial Secure Communities deportation program and deportation policies in general are carried out.

According to a series of June 17th memos released by John Morton, Director of Immigration and Customs Enforcement (ICE), Secure Communities, which runs the fingerprints of those arrested through immigration databases in order to find undocumented immigrants, will continue to be rolled out with the goal that all 50 states be using the program by 2013. The memo urges immigration agents to consider how long an undocumented immigrant has been in the United States, or whether the immigrant was brought here as a child and is studying in high school or college. The authorities are also instructed to give “particular care and consideration” to veterans and active duty members of the military, especially if they have been in combat, and to their close relatives. Mr. Morton also expanded the authority of federal lawyers who handle cases in immigration courts to dismiss deportation proceedings against immigrants without serious criminal records. Mr. Morton also issued new guidelines he said would ensure that illegal immigrants detained by the police who were victims of domestic violence and witnesses to crimes would not be deported.

The memos also creates an advisory commission to study how S-Comm actually is working.

This consideration is clearly a response to the pressure not only coming from advocates and activists, but from lawmakers and state governments attempting to opt-out of a program sold to them as something it was never meant to be.

Advocates, activists, and elected officials across the country rejected the memos as cosmetic and continue to demand a moratorium on the use of S-Comm as well as allowing states to opt-out of the program. While others, including immigration attorneys, praised the changes especially when it comes to prosecutorial discretion .

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Editor’s Note : The following article is reprinted with permission of New America Media. I thought it was important to share given the mainstream media’s focus on the U.S. Mexico border as if there aren’t communities there. Additionally, given how there are complaints in my city of NYC of immigrant communities also being undercounted by the Census, here we have an example that goes beyond the often given excuse of scared or disinterested immigrant communities. – Mala

Equal Voice Newspaper/NAM, News Report, Claudia Rowe

Low-income families along the Texas border could lose millions of dollars over the next decade and see their voice in government even further diminished because, from the statistical reality of the federal government’s 2010 census, they don’t exist.
ensus

The 10-year population count may have missed as many as 300,000 residents of the Lone Star state, almost all of whom live in the unincorporated subdivisions along the Texas-Mexico border known as colonias. Mired in deep poverty, most residents lack basic amenities like running water and paved streets. Though predominantly Latino, 65 percent of colonia residents — and 85 percent of those under 18 — were born in the United States.

Unwilling to have so many people ignored, Hidalgo County has hired a lawyer who plans to sue the federal government for violating protocol by failing to mail census forms to 95 percent of colonias residents. Several other Texas jurisdictions may follow.

The stakes are high. Census figures determine how much money states and regions get in federal funding. They also trigger the reapportionment of voting districts so that residents are equally represented in government. Yet decade after decade, advocates for marginalized groups protest the official numbers, galled that those most in need of government services are the same people deemed “hard to count” and repeatedly overlooked.

The term “hard to count” is based on a scoring system that tabulates everything from community income to whether you have a telephone at home, lack fluency in English, or live in a rural area. Residents of the colonias fit all the criteria.

Which is why organizers in those communities spent months carefully preparing families, explaining the importance of the count and its potential impact — about $440 billion in federal grant dollars are tied to the results nationally, not to mention the shape of voting districts that can determine everything from county commissioners to congressional representatives. Yet in April, as the deadline for returning those forms arrived, organizers learned that the documents had never been mailed. Census workers instead planned to go door to door in the colonias.

“It was the craziest, worst strategy they could have thought of,” said Armando Garza, a city councilman in San Juan, Texas. “People in the colonias don’t answer the door to strangers or people with federal badges.”

Garza and a dozen others from the community met twice with census officials — including Robert Groves, head of the bureau in Washington, D.C. — to challenge the plan and implore officials to take another route. Hiring colonia residents to deliver the forms, for example, might at least put a familiar face on the government’s questions, they said.

But those suggestions were rebuffed, and, in the end, an estimated 95 percent of colonia residents — about 300,000 people — never received their forms. A few spoke in person with enumerators from the Census Bureau, but most were never seen at all.

“We had so many people calling us, saying ‘I haven’t gotten that form, and I want to be counted,’” said Mike Seifert, a leader in the Rio Grande Valley Equal Voice Network. “It was just a perfect disaster.”

To Ann Cass, executive director of Proyecto Azteca in San Juan, Texas, a local nonprofit that helps families build their own homes in the colonias, the entire procedure smacked of incompetence. “Probably there’s a dash of racial bias, too,” she said. “Assumptions that people in the colonias don’t count — and, if they don’t count, we don’t need to count them.”

Raul Cisneros, a spokesman for the Census Bureau, said his office had made unprecedented efforts to get an accurate measure, establishing 1,200 partnerships with community groups in the region and hiring 30 local residents to help with face-to-face counting.

“We visited 47 million households across the country,” he said. “We want to get to everybody. Homeless people — everyone. We went into homeless shelters, went into tent cities. We went into rural Alaska.”

Central to last year’s effort was a vow from Washington, D.C., that the bureau would work with community groups — such as those in the Equal Voice network — to ensure that even the hard-to-count were noted. But Seifert, Garza and Cass say that mixed signals and conflicting information left them with the distinct impression that their input was not welcome.

“It was really about race and partisan politics,” said Mike Sayer, an organizer in Mississippi who traveled to Texas to work with community groups there. “The Census Bureau officials didn’t want to be seen as working intimately with ‘them folks’ — or rather, us folks — who are identified very clearly with Democratic politics.”

Sayer, who helps organize poor families in the Mississippi Delta, has seen it all before. In his home state, whole neighborhoods go uncounted, he said, and the reverberations can last for years. A report by Pricewaterhouse Coopers found that undercounts in the 2000 census cost Mississippi about $12.5 million in funds for Medicaid, education and other federal programs.

In Texas, the 2000 census missed about 373,570 people, resulting in $1 billion lost to state coffers. Officials estimate that each uncounted person costs a community between $3,000 and $10,000 in government monies.

This year, Texas did only slightly better. Legislators estimate that census workers missed about 225,000 people in Hidalgo County, including 60,000 uncounted in the areas surrounding McAllen and Brownsville.

The border region is the fastest growing — and youngest — in the nation, struggling with dire poverty and a population increase of about 20 percent in the last decade. A recent report ranks Texas as worst in the nation for its rate of uninsured children and for the number of people over 25 without a high school diploma. Meanwhile, the state is contemplating draconian budget cuts, and more federal dollars following into some 185 programs calculated on a per capita basis could have been an important stopgap.

“Their bad work — they’re not going to suffer for it,” said Seifert. “But, down here, it’s a different story. The most vulnerable of America will be uncounted if you don’t do the census right.”

Aside from money, census undercounts can drastically affect political representation by triggering the redrawing of electoral districts. So across the nation, inaccurate population figures could affect elections for thousands of government offices over the next 10 years — everything from school board members to state representatives. The Rio Grande Valley, for example, stands to gain two congressional seats and, depending on the final numbers, two in the state Legislature.

Problems extend beyond rural areas. Chicago organizers and legislators say 200,000 people were missed in the Windy City last year — most of them African American — and Illinois is now at risk of losing a congressional seat.

The Census Bureau has a standard procedure for handling such disputes and concedes that in addition to undercounting some groups, it over counts others — most of them wealthy and white. These disparities take time to sort out — often more than a year — while voting district reapportionment cannot wait. In 2000, after receiving claims from 1,080 areas, the bureau revised its total national population by only 2,700 people.

“That’s one one-thousandth of a percent,” said Census Bureau spokesman Cisneros, in Washington, D.C. “The indicators we have so far for last year are that we’re all good. The count came in very close to our estimates.”

For Garza, the San Juan city commissioner, the import is clear: “It’s huge for our area, which is neglected by the federal and state governments,” he said. “If the light company and the IRS can use the mails to find people in the colonias, how come the Census Bureau can’t?

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When Secretary of Homeland Security Janet Napolitano visited the U.S./Mexico border at Texas last week, it was to assure people that the border is safe, thanks to the deployment of armed troops. Safety is relative however, and it seems is dependent on who you are, meaning your ethnicity and the perception of your legal status. Just ask the family of Carlos de la Madrid, a U.S. citizen who was shot in the back by U.S. Border Patrol while climbing a fence into Mexico. What happened echoes other shootings of young men at the border by Border Patrol, with reports of rocks being thrown being met with bullets. The video report below is valuable for the interviews with the widow of de la Madrid and an activist from Border Action Network, who point out the Border Patrol’s policy of shooting to kill and the often used justification for such action, illegal activity such as drugs.


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When 15 year old Sergio Adrian Hernandez-Huereca was shot and killed by the U.S. Border Patrol last summer, there was a rush to kill the Mexican youth again, by killing his reputation, by saying he deserved what he got, that is bullets to meet rocks that in all likelihood he didn’t even throw. There was a rush to label him a smuggler, a criminal, as if that justified an extralegal shooting into Mexican territory. The name of the agent that fired the lethal bullet has never been released, just like the name of the Border Patrol agent who shot and killed Ramses Barron Torres has not been released. Well the parents of Sergio Adrian Hernandez-Huereca just filed a lawsuit against the United States and this could be a step towards justice.

Justice is not the $25 million dollars asked for in the civil suit, but rather the process that goes with the civil suit that could force information from the U.S. Government, who has gone out of it’s way to protect Border Patrol Agents who kill unarmed Mexicans, perhaps in Mexican territory.

“Part of this lawsuit seeks to require the government to turn over the border camera video and see it and get a better look at it,” said Bob Hilliard, attorney for Sergio’s family.
The lawsuit, filed in U.S. District Court in El Paso, names the Department of Homeland Security, The U.S. Border Patrol, the U.S. Bureau of Immigration and Customs Enforcement, and an “unnamed agent” of the U.S. Border Patrol as defendants.
“The parents are hopeful that the main thing they get is an accounting of the Border Patrol’s conduct,” Hilliard said, adding he is hoping that criminal charges will be filed against the agent.

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Yesterday, Homeland Security Secretary Janet Napolitano announced that the so-called “Virtual Fence” along the U.S. Mexico border was being squashed. Since the idea was born, the 28 mile stretch of the border armed with heat sensors, radar, cameras and 9 towers to detect immigrants crossing into the U.S. just southwest of Tuscon, Arizona has been plagued with problems, the largest being it’s huge cost with no proof of effectiveness.

When the first portion of the fence was ready to go live in 2005, the cost was estimated at $20 million.

Then in February, 2008 the fence was put on hold and another $65 million was paid to Boeing to fix software problems. The final estimated cost so far, with 53 miles of the Arizona border having been “protected” with SBInet technology, is nearly $1 billion.

DHS will continue to use other methods to insure border security, including the use of drones and of course good old fashioned man power, like that used to kill Ramses Barron Torres.

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Before Congresswoman Gifford and others were shot in Tuscon, Arizona , 17 year old Ramses Barron Torres was shot and killed by a bullet originating in Nogales, Arizona. There have been no national moments of silence for the apparently unarmed teenager. No memes speculating on the sanity of the shooter(s) or if violent rhetoric played a role. That’s probably because Ramses Barron Torres is Mexican and was shot by U.S. Border Patrol.

The story on what actually happened to Torres depends on what source you believe. From Immigration Clearinghouse:

It took the players all day to get their stories to a point where it was agreed that the agents fired their weapons into the air, and they put Torres as either “in the US, throwing rocks at agents, when he fell and hit his head on a rock and died”, or, he fell from the fence which he was trying to scale while chunking rocks at BP agents, a truly awesome display of athletic ability were it to be true.

But something wierd happened. Torres body showed up at a hospital in Nogales Sonora with a gunshot wound, throwing all to hell the claims that he was in the US throwing rocks at BP agents.

The Sonora State Investigative Police, or PEI, said 17-year-old Ramses Barron Torres, who died shortly after 3 a.m. at a Nogales, Sonora hospital, was shot in the back of the right arm, with the bullet continuing into his chest cavity, puncturing a lung, and lodging in the left side of his ribcage.

In “the back of the right arm” meaning Torres would have had his back to the BP agents who murdered him.

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Arizona Governor Janet Brewer is most recently known for 16 seconds of silence and way too much talking shit before those 16 seconds. From America’s Voice:

Brewer had to admit that she wasn’t exactly being accurate when she talked about headless bodies in the Arizona desert. Her false justification for SB1070 isn’t isolated however. Seems the whole country is doing it, it being exaggerating and/or just plain old misleading people when it comes to the situation along the U.S. Mexican border.

What Brewer, hasn’t addressed is the role that U.S. policy has on violence in Mexico. For example, a report from Mayors Against Illegal Guns (PDF file of the report here) states that 90 percent of the guns recovered at Mexican crime scenes originate from the U.S. nor has Brewer responded publicly regarding her possible connection with Corrections Corporation of America and how that connection may have played a role in her deciding to sign SB1070 into law. What Brewer has done, well what her campaign for governor has done anyway is stop ads from running on the TV station whose local news has been conducting an investigation on the possible CCA Brewer connection.

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Even before the recent increase of border patrol agents along the U.S. Mexico border, la frontera was not a safe place for those living, working and playing nearby.

An article in the L.A. Times published this week, the paper reports that in the last 18 months five Border Patrol agents have been accused or convicted of sex crimes or assaults including one agent who pleaded guilty in January to raping a woman while off duty, and another who is accused of sexually assaulting a migrant while her young children were nearby in a car. These are only the cases that we know of. Think about how many assaults go unreported or unprosecuted and like many of the recent alleged police brutality cases, some of the officials involved are Latinos.

So when DHS Secretary Napolitano crows about how the numbers that are supposed to be going up are going up, one has to wonder if she feels that the increase in sexual assaults and physical assaults are numbers that also are supposed to go up, as inevitable trade offs for the idea of safety for some.

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VivirLatino is a daily publication published by Mamita Mala Media, dedicated to featuring all the latest politics, culture, entertainment of interest to the diverse Latin@ diaspora.

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