June 24, 2010

I was reminded last night of the psychological trauma that children go through when they witness their parents torn apart from them either through violence or incarceration. I spoke with a 15 year old young man who had been a witness to both parents getting arrested by the FBI two and a half years ago. He was mad at the world at how his life had suddenly come to a halt and was flipped over that morning when he saw both of them being dragged away in handcuffs. This young man was trying to deal with his trauma and no one was there to help him through his ordeal, he elected seek help from what was in his neighborhood for a quick fix of his problems.
He joined a gang, got a tattoo and now that his parents were released from prison it has become so hard for him and his family to be what they once were. I looked at him and asked him why was he angry. His answered that he felt his father was disappointed with what he has turn out to be. His eyes started to get watery and said that he wants to change, that he doesn’t want to be in gangs anymore. All he wants is to be understood and so do his parents who are going through the stigma of now being called ex-felons.
It is important for all of us to take extra consideration of those children who have been affected with the trauma when Immigration comes braking the doors of their homes and tear apart parents from U.S. citizen children and housing them in detention centers until they are deported, when law enforcement comes charging into communities arresting individuals putting people in prisons under the three strikes law and many other inhumane laws that continue funneling the parents of U.S. citizen children into warehouses they call rehabilitation centers. They can call them Department of rehabilitation, detention centers it is still a prison. They tear up families. What happens to the children, not only those who are citizens but those who did not have a choice and are now called an immigrant?
This young man reminded me of what my children went through this day one year ago. I was awakened by LAPD, Sheriffs, and FBI officers at six in the morning at my home in Bellflower as part of an FBI Gang Taskforce sweep throughout Los Angeles. In front of my six year old daughter Melissa, my 14 year old son Alex and 13 year old Marlon, while my wife Delia was taking a shower getting ready to head to work. I was taken in shackles after I walk out from my apartment and turn myself over to over 20 armed officers with M16 that they were pointing at me while my children watched, after they had awaken all my neighbors with their screaming ordering for me to turn myself over to them. It was a day I will never forget, neither will my children who I have spoken with them about it, but they don’t really want to have to remind themselves of it and live through it again in their minds. They, unlike this young man that I spoke to last night had a support system, a community that came to heal them through this ordeal, my family, my extended family, all my friends that have stood next to me in the work I do for Homies Unidos, youth whom I helped leave the gang life, they all came together for my children. Forever I will be indebted to all of you and today I invite you to recommit yourselves to do the same for other young men and women who everyday turn to negativity because we are not there for them.
Peace,
Alex Sanchez

Homies Unidos urges everyone to stand witht the people of Arizona against these Draconian policies that legislate racial profiling.

Learn more about the Alto Arizona campaign here.

And sign the Presente.org – Shame on Arizona – petition here.

By Beth Werlin

A new study by the American Bar Association confirms what many advocates already feared: Our country’s removal process fails to offer even a glimmer of due process.

For over a year, the American Bar Association’s Commission on Immigration and the law firm of Arnold & Porter LLP engaged in a comprehensive review of the current removal process. The law firm poured over hundreds of articles, reports, legislative materials, and other documents, and interviewed scores of participants in the system, including lawyers, judges, advocacy groups, and academics. This study led them to conclude what many immigrants, their families, and immigration lawyers and advocates already knew and what many others suspected: the removal system is severely flawed and fails to afford fair process to all noncitizens facing deportation from the United States. The study details many of the deficiencies in the current system and makes a strong case for systemic reform.

The 71-page executive summary reveals staggering numbers and facts. For example:

• Between 1996 and 2008, the number of people removed per year grew from just over 69,000 to over 356,000. This tremendous increase, however, has not been met with commensurate resources.

• Immigration judges completed on average 1,243 cases per year. (In comparison, Veterans Law Judges decide about 729 cases per year (of which only 178 involve hearings) and Social Security Administration administrative law judges decide about 544 cases per year.) Given the overwhelming case load and the lack of adequate support staff, immigration judges primarily issue oral decisions, meaning that decisions are made without sufficient time to conduct legal research and analyze complex legal and factual issues.

• Although “[t]here is strong evidence that representation affects the outcome of immigration proceedings,” in 2008, 57% of people in removal proceedings were not represented. Of those in detention, 84% were forced to proceed without lawyers. Not only are many people unable to afford counsel, but remote detention facilities, short visiting hours, restrictive phone access, and transfers all have a devastating effect on a noncitizen’s ability to retain counsel and maintain an attorney-client relationship. READ MORE…

Immigration Impact/ by Travis Packer

ICE claims it is beginning to detain more criminal immigrants, but the numbers aren’t so black and white when you examine how it defines criminality.

A new report by the Transactional Records Access Clearinghouse (TRAC) released last week reveals that Immigration and Customs Enforcement (ICE) is beginning to detain more criminal immigrants as opposed to non-criminal immigrants, which is in line with ICE Assistant Secretary John Morton’s stated goal.

The numbers, however, aren’t so black and white when you examine how ICE defines criminality. ICE currently classifies “criminals” as persons found guilty of minor violations of law such as traffic offenses, disorderly conduct, as well as immigrations violations such as illegal entry. While the report, which covers the first three months of Fiscal Year 2010, hints that the growing proportion of criminal detainees is the result of revised detention policies under the Obama administration, the report begs the questions of who we’re locking up, why and at what expense.

During the first quarter of FY 2010, 43 percent of detainees had a criminal record, compared to only 27 percent in FY 2009, according to the TRAC report. From 2005 to 2009, the percentage of detainees with a criminal record declined from 40 percent to 27 percent before the recent uptick.

The goal of ICE programs such as Secure Communities and the Criminal Alien Program is to detain “high risk criminal aliens” who have committed serious offenses. But what about immigrants who have never been convicted of a serious crime? Read More…

By Tom Hayden, The Nation

LOS ANGELES. Jan. 13. U.S. Judge Manuel Real granted Alex Sanchez bail after a closed ninety-minute session with law enforcement and civic officials today. The former gang member and founder of Homies Unidos is expected to be freed in ten days after posting $2 million property and sureties.

A beaming Oscar Sanchez, the younger brother of Alex Sanchez, praised the ruling by Real, which he said “underlines the judge’s finding that Alex is not a danger to the community nor a flight risk. We believe he is in fact a great asset to communities like ours across the country.”

Supporters of Sanchez, organized as wearealex.org, were jubilant in many cities where pressure campaigns have been mounted. The decision was seen as a victory for gang intervention workers, many of whom have attended the LA proceedings since June.  Read more…

LOS ANGELES — An analysis of federal prosecutions in the last year shows a disturbing trend, write editors of La Opinión. While little attention is being paid to white collar crimes like securities and mortgage fraud, the criminal prosecution of immigrants for entering the country illegally or for illegal reentry are currently the two most common types of cases in the entire U.S. federal justice system. Together, these cases represent 92 percent of federal immigration cases. Immigration-related criminal offenses now represent 54 percent of all federal cases nationally. Even more disturbing, editors write, is the fact that of the more than 91,800 immigration-related offenses, employers were prosecuted in only eight cases. As long as the punishment falls on individual immigrants and not on the employers who attract them with jobs, editors write, it is a formula for failure.

by Raj Jayadev

I often hear older activists asking where activism has gone. Where are the Martins and Malcolms of today? They may not have heard of Karina Vargas, Annie Loya, or the youth behind the immigrants’ rights marches. But they should know these youth are part of vital, evolving movements that are going places where prior movements could not go. And given the challenges this next decade will lay at their feet, they’re going to need to go even further. These young people might not fit the traditional mold of “activist” and that might be the best thing about them.

Around this time last decade, I was wading through clouds of tear gas and dodging rubber bullets from the Seattle Police Department. I was 24, it was the World Trade Organization (WTO) protests and a moment that I thought signaled the inauguration of a new youth activism that would hit the ground running with the new millennium.

I was right about the arrival of a new political engagement of young people for the decade, but wrong in my presumption that it would look and feel like the activist movements in America’s past that I had read about. I thought young people, 16 to 24-year-olds, were going to continue what my generation did — fight for inclusion, to be part of the ongoing struggles over civil rights, immigration and the environment. Instead, they decided to lead them. They did so by redefining what it means to be an “activist,” who could be one, and new ways to get the job done. They made history in the process, and did so on their own terms.

In Seattle, I was part of a “youth of color contingent.” In a mainly older, white anti-globalization movement in the United States, to define and pronounce ourselves was important. Our fight was just to be part of the fight, and that’s exactly what we did. Never before had we known what it felt like to completely take over city blocks, to make global financial powers nervous, or to freeze a major international convening. Emboldened as to what was possible, some stayed in the anti-globalization movement (a term that admittedly seemed horribly ahistoric at this point) but most of us returned to the places where youth activism would really be cultivated, our local communities. Read more…

By Jacqueline Stevens, The Nation

Guatemalans in the Boston area are seeing spies infiltrating factories, buses with tinted windows taking away unidentifiable co-workers, and men with guns grabbing their neighbors. For these survivors of state violence, it’s a traumatic reminder of the very thing they thought they had left behind. Twenty-six-year-old Julia, arrested in an Immigration and Customs Enforcement (ICE) raid, said, “If they are taking children away and everything, then for me, that’s a second war.” She told her story in interviews with Professors Brinton Lykes and Dan Kanstroom of Boston College’s Post-Deportation Human Rights Project.  read more…

By Rachel Roth, The Nation.

Over the past year, incarcerated women and their allies have achieved a remarkable string of victories against inhumane treatment. First, they persuaded the Bureau of Prisons to issue a new policy in October 2008 limiting the use of restraints on women who are in labor, giving birth or recovering after childbirth; the Marshals Service, which transports people in federal custody, followed suit. Next, they won legislation in the spring and summer of 2009 restricting the use of restraints on pregnant women in New Mexico, Texas and New York. Finally, they successfully petitioned the US Court of Appeals Eighth Circuit for a rehearing of the full court in a case from Arkansas, which resulted in a ruling in October that shackling women in labor is unconstitutional. –  Read more…

Last month, President Obama authorized the admission of 80,000 refugees into the U.S. in fiscal year 2010, something every President has done annually since passage of the Refugee Act of 1980. The United States has long recognized the importance of providing a safe haven for refugees. Beginning with laws granting refugee status to displaced persons after World War II and culminating with the comprehensive Refugee Act of 1980, the U.S. has sought to safeguard those who are unwilling or unable to return to their homeland based on a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

Despite this commitment to helping refugees resettle in the U.S. permanently, the Department of Homeland Security (DHS) and its sub-agency, Immigration and Customs Enforcement (ICE), have adopted a policy of incarcerating refugees who have not adjusted to permanent resident status after one year of residency in the U.S.

read more…