10:26 am By Maegan La Mala · Immigration|Politics · Comments Off
18 Nov 2011Yesterday, Immigration and Customs Enforcement’s (ICE) Principal Legal Advisor directed all ICE attorneys to begin a systematic review of immigration cases to determine whether pursuing deportation in each case is consistent with the Administration’s enforcement priorities. In other words, the memo told ICE lawyers to follow the June 17, 2011 Morton Memo when reviewing 300,000 active deportation cases. This directive follows an August announcement that the Department of Homeland Security (DHS) plans to review cases to assess whether they fall within the enforcement priorities and suspend those cases which do not. The suspension of these cases does not mean a change in legal status, nor does it mean work permits will be granted. The ICE memo also provided more detailed guidance to ICE attorneys regarding criteria for determining when it is appropriate to exercise prosecutorial discretion to close or dismiss a case.
ICE has described as “low priority” those cases involving DREAM-eligible youth, military family members, crime victims, and immigrants with strong family ties. The implementation process involves two components: a nationwide training program for Immigration and Customs Enforcement agents and prosecuting lawyers, so that the agency’s practices are in line with the new deportation policy; and a pilot initiative in Baltimore and Denver to begin the review, on a case-by-case basis, of pending deportations.
In reading the actual memos, specifically the enforcement priorities, the definition of “criminality” is vague enough to justify the deportation of anyone. For example, according to the guidelines, anyone with a misdemeanor that includes “any significant threat to public safety”, should be “pursued in an accelerated manner…”. How does this directive take into account the levels of racial profiling in immigrant communities?
The case by case review is scheduled to end on January 13th of next year, after which the program will be reevaluated and no doubt, there will be another flurry of press releases showing off how many “good” immigrants can stay in the United States.
The proof will be in the practice, not in a public relations policy.
Sources: The American Immigration Council, ICE Documents which can be seen as PDF’s here, here, and here
11:47 am By Maegan La Mala · Immigration|Secure Communities · Comments Off
15 Nov 2011It’s a long way from April, when hardly anyone paid much mind to my critique of the role Cecilia Muñoz, the Director of Intergovernmental Affairs, was playing in her defense of the indefensible, the increase in detentions and deportations, and the growing criminalization of communities these increases requires.
Now, there are petitions, open letters, appearances, articles, and attacks. I knew that taking a position that directly challenged Muñoz as the Latina spokesperson for an administration that has actually done worse to our communities would be controversial and would also demand that community organizations who claim legitimacy in their role as community representatives be held accountable. I did/do this, not because it is in my mission statement, nor because I am beholden to any entity beyond the vecinos I stood doing laundry with on Sunday mornings, whom week after week watched Muñoz lie to them on behalf of an administration that promised change. The words in the American Prospect article are completely my own and I stand by them.
It is easy for organizations, their leadership, and the public relations departments housed within them, to attack an individual writer, calling them ill-informed and accusing them (me) of doing a disservice to the community. What has proven more difficult is answering the questions that remain. This is not about what services a specific organization provides nor about if they have condemned an immigration policy that deports an average of 400,000 people a year, leaving thousands of children in foster care. What it is about is answering precisely how does supporting Cecilia Muñoz serve the community? Claims about her attempting to change immigration policy fall flat in the face of reports that show that prosecutorial discretion is not being exercised, bolstering accusations that the Morton Memo and alleged reviews of deportation cases are nothing more than public relation tools.
As more data and documents are released and ICE fights tooth and nail to hide a paper trail that more than likely contains proof of the intentions behind their detention and deportation policies and practices, it falls on organizations claiming to represent community to show why shielding spokespeople for an administration that has failed in fulfilling it’s promises is beneficial.
Everything else, just like in the Obama administration is just PR.
9:20 am By Maegan La Mala · Immigration|Obama|Politics · 5 Comments
1 Sep 2011It’s been about two weeks since the Department of Homeland Security (DHS) and the White House made an announcement that is being (purposely) interpreted as a victory and something to be thankful for by many in the immigrant advocacy movement(s).
DHS announced the eventual (time frame please) creation of a panel that will allegedly review the approximately 300,000 currently active deportation cases. The panel will separate those cases into two categories : high priority and low priority (no word on how that determination will be made). DHS will then allegedly suspend the deportations of the low priority cases, focusing instead on the same “dangerous” and “bad” immigrants allegedly targeted by Secure Communities. But don’t worry, those who have their cases suspended will not get green cards or even work permits. They will be able to live in the same shadow they always have, just without a deportation process.
Yay?
On a call that I was on two nights ago sponsored by Reform Immigration for America (RI4A), Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), featuring Congressman Luis Gutierrez (perhaps you were reading my angry tweets), “Victory” was the buzzword. While it was made clear that there was no process to apply for and that people should not put themselves in deportation in order to have their case reviewed (a call I saw some making in the days immediately following the announcement), the DHS press release (because really that is all it is until panel is formed and procedures are established) was hailed as an answer to “our” demands.
9:31 am By Maegan La Mala · Immigration|Los Angeles|Secure Communities · Comments Off
24 Aug 2011Today at noon, PST, five undocumented youth will come out in front of ICE with a simple demand; a speedy end to the failed Secure Communities program.
From the official press release announcing the event:
As Undocumented students we are tired of Obama and his lies and we need to call him out,” said Ruben Barrera who’s brother was detained a day after Obama announced his “policy change” for a broken headlight. Ruben’s brother, Isaac was held for 2 days and was issued an ICE hold after ICE interrogated him numerous times. “It was torture, I was cold, they insulted me and they threatened to come after my family, if it wasn’t for community organizations that helped me get out I could have been deported” said Isaac Barrera.
Barrera will be one of people coming out as undocumented today in front of the Federal Building, 300 N. Los Angeles.
If you are not local to the event but would like to follow what is happening, there will be a live-stream of the event here.
9:24 am By Maegan La Mala · Immigration|Los Angeles|Secure Communities · 8 Comments
16 Aug 2011The Department of Homeland Security has been taking it’s show of illusions and lies on the road. Last night it held a Advisory Council’s Task Force on Secure Communities meeting at St. Anne’s Residential Facility in Los Angeles. According to DHS the purpose of the Task Force is to…:
…find ways to improve the Secure Communities program, including ideas on how to best focus on individuals who pose a true public safety or national security threat. This panel is composed of chiefs of police, sheriffs, state and local prosecutors, court officials, ICE agents from the field, and community and immigration advocates. The advisory committee is considering proposals on how ICE may adjust the Secure Communities program to mitigate potential impacts on community policing practices, including whether special procedures should be adopted for ICE enforcement actions directed toward individuals charged with, but not convicted of, minor traffic offenses.
Hundreds gathered, including organizational reps, advocates, and activists to listen to and give testimony as to the real impact of the S-Comm deportation program including domestic violence survivors calling 911 only to have themselves arrested and children watching their families torn apart. Certainly these are not unique to S-Comm but they are made worse.
Isaura Garcia fighting back tears, pleaded with the task force to help end the program.
Garcia, 20, said she called police after an episode of domestic violence to seek help finding a shelter for herself and her 1-year-old daughter, but instead wound up detained and was put into deportation proceedings.
“Calling 911 was the worst nightmare I could suffer in my life,” she said in Spanish.
10:17 am By Maegan La Mala · Immigration|Politics|Secure Communities|Texas · 2 Comments
9 Aug 2011Tonight Dallas County Sheriff Valdez will hold a public hearing on the “Secure Communities” program as part of her role on a controversial national taskforce critics claim was convened by the administration to dampen recent opposition to the deportation program.
The hearing, scheduled from 6:00 pm to 8:00 pm, and to be held at Dallas County Community College is happening in a county where 30% of those deported under the program are people with no criminal conviction while 63% either have not been convicted of any crime or have committed only a minor offense. This pattern, which flies in the face of Obama administration claims of targeted deportations of “dangerous” immigrants, is one that is repeated across the country as the deportation expands.
The hearing also comes almost immediately following last Friday’s announcement by the Department of Homeland Security, nullifying the 40 contracts it had negotiated with states and affirming the questioned mandatory status of the program.
10:36 am By Maegan La Mala · Immigration · 13 Comments
1 Jul 2011
What’s happening to 24 year old Andy Mathe and his family is really disturbing and a sign of the lengths that Immigration and Customs Enforcement will go through in order to keep up with it’s record breaking deportation numbers.
Here since he was 19, Andy has been in detention for the last month waiting to be deported to South Africa. His family’s story is complicated and exemplifies the problems not just with the deportation system but with the asylum system.
Andy’s step-father fled Rwanda during the genocide, in 2001 he would marry Andy’s mother, Hope, and have a child. The family was enjoying their life in South Africa until they began receiving death threats in the form of personalized letters, phone calls and at one point an attempt to kidnap the youngest daughter. The family appealed to the United Nations, the local police, pretty much anyone who would listen.
After having her pleas for help rejected the family took things into their own hands with Andy’s stepfather disassociating himself from the family and his mother applying for visas to the United States. Once in Georgia they immediately filed for Asylum, a case which would take four years and end in Andy’s detention. To this day the family has not heard or seen their father.
Last week, Andy was extremely close to being deported. An ICE agent frustrated by the fact that so far Andy has been successful in avoiding deportation told Andy, ” ‘next time we will drug you and deport you.”
You can sign the petition asking that Andy not be deported here.
You can also call DHS – Janet Napolitano (202-282-8495) and ICE – John Morton (202.732.3000)
Sample Script: “I am calling to ask that Andy Mathe (A#88-488-386) and his family be allowed to stay. I don’t understand why ICE would threaten to drug Andy so he couldn’t fight his deportation. Please grant deferred action for the Mathe Family.”
10:29 am By Maegan La Mala · Immigration|Obama|U.S.-Mexico Border · 6 Comments
21 Jun 2011Last 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 .
8:52 am By Maegan La Mala · Illinois|Immigration|New York|Politics|Secure Communities · 18 Comments
20 May 2011Coming on the heels of Wednesday’s rally in front of NY Governor Andrew Cuomo’s NYC office demanding that he pull the state out of the Secure Communities deportation program are letters which show that the so-called confusion regarding the ability to opt-out was more like a cover-up.
In letters, that I will admit to finding somewhat confusing (PDF of letters here), a fired contractor, Dan Cadman says that he told DHS/ICE, in documents that have to come to light as a result of a Freedom of Information Act lawsuit, that they had the right to tell states that Secure Communities was a mandatory program. Cadman asserts that he was then told to say that Secure Communities was voluntary, especially when pushing areas with many immigrants, like New York and Cook County – Illinois, to sign agreements. The head of Immigration and Customs Enforcement, John Morton, points to Cadman as the source of confusion regarding the opt-out option. Cadman asserts that it seems to be part of the design, especially in order to get places like New York to sign on.
11:54 am By Maegan La Mala · Colombia|Immigration · 1 Comment
13 Feb 2011
Thank you to all of you who signed your names to the letters in an attempt to stop the deportation of Wilder Peña, a 31-year-old Afro-Colombian male, I wrote about last week, originally from Jamundi, Department of Valle del Cauca, Colombia who fled to the U.S. to seek asylum in 2001.
Supporters set up a Facebook page on Wilder’s behalf and are calling for people, in an act of love for human rights, make calls tomorrow, Valentine’s Day, so that Wilder can stay with his familia in the U.S.
· If you are a Washington, DC resident or a member of a Colombia, human rights or solidarity organization please contact the office of Honorable Eleanor Holmes Norton at phone number: (202) 225-8050 and urge the Congresswoman to intervene on Wilder’s behalf. On Friday, the Congresswoman received a letter from U.S. activists, NGOs and constituents earlier today calling upon her to act. When you call say that you are greatly concerned about Wilder Peña’s safety and hope that she will intervene to protect Wilder’s life. If you are a Washington, DC resident you can also send your own letter to the Congresswoman via email through her site : https://forms.house.gov/norton/webforms/issue_subscribe.htm
You can also contact the following persons and ask them to take action:
· Contact Vincent Cochetel, Regional Representative for the U.S. and the Caribbean of the United Nations High Commissioner for Refugees at (202)296- 5191.
· Contact Eric Schwartz, Assistant Secretary, Bureau of Population, Migration and Refugees, U.S. State Department by calling the State Department switchboard at 202-647-4000 and asking to be connected to his office.
· Contact Maria Isabel Castro, Consul, Colombian Consulate in New York, at (212) 798-9055 or maria.castro@cancilleria.gov.co
· Contact , Libia Mosquera Viveros, Consul, Colombian Consulate in Washington, DC, herself Afro-Colombian, at (202) 332-7476/(202) 332-7573 or consuladowash@gmail.com
For more information about Wilder and his case please keep reading.
Thank you/Mil Gracias
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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