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Name: Tanya Maria

Web Site: http://stopdeportationsnow.blogspot.com

Posts by Tanya:

Racial Profiling and Mass Deportation of Black and Latino Men

May 15th, 2012

A recent report by the New York Civil Liberties Union revealed that the New York Police Department stopped and frisked nearly 700,000 people last year. Black and Latino youth were the primary targets of these policing efforts. Black and Latino males between the ages of 14 and 21 accounted for 41.6 percent of stops in 2011, yet they make up less than five percent of the city’s population. Ninety percent of Black and Latino young men who were stopped were innocent. The disproportionate targeting of black and Latino young men in New York City can help us to understand another phenomenon: why 98 percent of deportees are sent to Latin America and the Caribbean and why over three quarters are male. In my research with Dominican and Jamaican deportees, I found that the vast majority of them were first picked up by police officers and then handed over to immigration authorities.


(Image from here)

 

If you walk into an immigration detention center today – where an average of about 34,000 non-citizens are held as they wait on immigration hearings and for their deportation to happen – you will find that nearly all detainees are black and brown men. This is remarkable, because not all immigrants are men, and not all immigrants are from Latin America and the Caribbean. About 25% of undocumented immigrants are from Europe and Asia. And about half of all immigrants are women. So, how is this happening? Why are most detainees and deportees Latin American and Caribbean men? The answer to this question lies in racial profiling. As immigration law enforcement increasingly is being carried out by criminal law enforcement agents, the effects of racial profiling in criminal law enforcement have spillover effects into immigration law enforcement.

 



(Image from here)

Deportations are carried out by immigration law enforcement officers who work in two branches of the Department of Homeland Security: Customs and Border Patrol (CBP) and Immigration and Customs Enforcement (ICE).  In Fiscal Year 2010, immigration law enforcement agents apprehended over half a million non-citizens. The vast majority - 463,382 – were apprehended by the Border Patrol. The remaining 53,610 were encountered by ICE, usually within the interior of the United States, in cities such as Chicago, Atlanta, and San Francisco.

Border Patrol arrests happen much as they have since the creation of the Border Patrol in 1924, except that there have been enormous technological advances. Border Patrol agents have checkpoints and helicopters and motion sensors and all sorts of ways to find people along the US/Mexico border. They also have racial profiling, a central technique in immigration law enforcement along the border for the past 90 years. Thus, it should come as no surprise that Mexicans account for the vast majority of arrests along the Mexican border. In addition, the presumption of illegality has also spread to nationals of Mexico’s southern neighbors in Central America. Thus, the second largest group to face deportation is Central Americans. However, there is a third group that also faces deportation in large numbers: Caribbean immigrants from the Dominican Republic and Jamaica. Notably, Dominicans and Jamaicans, unlike Central Americans, are not likely to be stopped along the border for “Mexican appearance.” So, how are they getting caught up in the deportation dragnet?

When I spoke with Dominican and Jamaican deportees, very few of them reported having been arrested by immigration agents along the border. Nearly all of the Jamaicans and Dominicans I interviewed had arrived in New York City via airplane. Immigration law enforcement agents generally do not have license to walk up and down the streets of U.S. cities and demand proof of U.S. citizenship from pedestrians. The Border Patrol is only authorized to work in U.S. border areas. And, ICE, only has 20,000 employees overall, only a fraction of whom are officers engaged in raiding homes and worksites arresting illegally present immigrants. ICE does not have the staff or resources to patrol the county. Instead, ICE works closely with criminal law enforcement agencies to apprehend immigrants.

 


(Image from here.)

Enforcement and Removal Operations (ERO) is the division of ICE that carries out arrests. On an average day, Enforcement and Removal Operations (ERO) officers arrest 108 immigrants, and deport 1,057 people. ERO officers arrest many of these 108 immigrants per day after they have been processed through the criminal justice system.

There are at least three ways that Police/ICE cooperation works:

1. A police officer pulls over a person for an alleged traffic violation. If that police officer is deputized to work for ICE, they can run the driver’s fingerprints right there on the road. If the driver turns out to be illegally present in the United States or has an immigration hold, the police officer can arrest the driver and hand them over to ICE.
2. A police officer arrests a person and charges them with a crime. They take them to the police station, fingerprint them, and then run their fingerprints through the ICE database. Even if the police decide to drop the charges, if the person turns out to have an immigration hold, they will detain them until ICE comes to pick them up.
3. A police officer arrests a person, charges them with a crime, and the person serves time in jail or prison. Before being released from jail or prison, the police can call ICE to come and check their eligibility to remain in the United States.

All three of these scenarios begin with a police arrest. We know well from criminal justice scholarship that black and Latino men are much more likely to be arrested than other people. The cooperation of police with ICE, then, leads to an expansion of this racially stratified system of punishment into the realm of immigration law enforcement.

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One More Reason to Oppose Secure Communities Policy: It’s Racist

August 16th, 2011

The secure communities policy is driving a massive increase in deportations. Since President Obama took office, we have seen one million deportations. In 2010, the United States deported 400,000 people, more than in the entire decade of the 1980s. The secure communities policy is also racist.



(Photo by Runs with Scissors)

This rise in deportations is due to laws passed in 1996, and a massive infusion of money into draconian enforcement of immigration law with the creation of the Department of Homeland Security (DHS). With an annual budget of $60 billion, DHS has been able to expand its operations far beyond those of its predecessor, the Immigration and Naturalization Service.

When we look at who is getting deported, however, it’s clear that Asian and European immigrants are almost never deported, yet blacks and Latinos are deported in massive numbers. And, nearly all deportees are men. Sound familiar? Yes, racial and gender disparities in immigration law enforcement look a lot like those in criminal justice law enforcement.

Police are much more likely to arrest blacks and Latinos. In New York State, 94% of those arrested on drug charges are black or Latino. And, yes, whites and Asians do use and sell drugs. They are just rarely arrested.

Now that President Obama has forced more cooperation between police and immigration law enforcement through the Secure Communities program, we can expect to see more blacks and Latinos deported.

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No Dogs or Illegals Allowed: Racial Exclusion in a Colorblind Era

March 11th, 2011

Until the 1960s, it was common to see signs in Texas that read: “No Dogs, Negros or Mexicans.” Civil rights legislation put an end to such signs. In the current post-civil rights era, it is no longer legally or morally permissible to express overt discrimination towards Mexicans or any other racial or ethnic group.



(Image Source: Jim Crow Museum of Racist Memorabilia)

In today’s political context, however, it is acceptable to insist that undocumented migrants – and even their U.S. born children – should not be allowed in this country.   In July 2010, Senator Lindsey Graham’s (R-SC) proposed a bill that would end the 14th Amendment’s guarantee of citizenship for everyone born in the United States. As of today, 130 Senators have indicated they support this bill.

Since the inception of the United States, jus soli – the idea that citizenship is determined by birthplace – has prevailed as the law of the land. The only exceptions to birthright citizenship have been racial. The first piece of U.S. legislation regarding who could be a citizen was passed in 1790, granting citizenship to all whites born in the United States. It was not until the 14th Amendment was passed in 1868 that blacks were granted citizenship. The 14th Amendment reads:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside.”

The 14th Amendment granted birthright citizenship to blacks and whites born in the United States. However, the Supreme Court had to clarify in United States v. Wong Kim Ark in 1898 that all native-born children of aliens – including the Chinese – were indeed citizens of the United States.

Today’s demands to repeal birthright citizenship do not have the clear racial bias like those of the 19th century, when it was acceptable to make outright claims to exclude Native Americans, blacks, and the Chinese from citizenship. Instead, today’s demands are under the guise of “Let’s not give citizenship to illegals.” Or, “Let’s protect our nation by preventing anchor babies.” The language has changed so that it’s no longer explicitly racial. However, the sentiment is the same.

In 1790, when our founders imagined who would be citizens of the United States, they had propertied white men in mind. Those proponents of ending birthright citizenship for the children of undocumented migrants share this ideal as to who belongs to the nation.

This vitriol can be seen in the comments of Daryl Metcalfe, a Republican state representative from Pennsylvania, who argued:

“We want to bring an end to the illegal alien invasion that is having such a negative impact on our states.”

When Metcalfe and other pundits call for an end to a so-called “illegal alien invasion,” they have a very specific group in mind: Mexicans and other Latin American immigrants. In fact, 95 percent of people who are deported from this country for immigration-related violations are Latinos or Caribbean immigrants.

It is no longer permissible to hang signs that say “No Dogs, Negros, Mexicans.”  Birthright citizenship and naturalization are available to all people in the United States, regardless of race. However, the idea that the United States is fundamentally a white nation has not gone away, and seeps into discourses about who is American and who belongs and who doesn’t. Instead of excluding Mexican and Chinese citizens from citizenship, we now hear claims to exclude “illegals” and their children.

The idea of race itself is based on the notion that moral and cultural characteristics are passed on from one generation to the next. Thus, the idea that we should exclude not only undocumented migrants, but also their children, is clearly a racialized argument. It is true that undocumented migrants do not have permission from the government to be here. But, their undocumented status does not define them. Current laws allow many undocumented migrants to eventually become citizens of this country. Calls to eliminate birthright citizenship work to essentialize illegality by making it a permanent feature of undocumented migrants, and something they pass along to their children. In effect, these calls racialize illegality.

Demonizing undocumented migrants for their transgression of immigration laws allows anti-immigrant activists to make racialized claims about who belongs and who does not belong to the nation. It is incumbent upon anti-racist activists to point out this racism and to promote the idea of a multi-ethnic nation – the sort of nation we actually always have been, despite white supremacist claims to the contrary.

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The American Nightmare: Jamaican Immigrants

July 17th, 2010
Jamaican migrants in the United States are often hailed as a “model minority” – black immigrants who are able to succeed against the odds. It is remarkable that blacks can succeed in a society where being black is criminalized. Yet, the truth is that many Jamaicans do not succeed. Many Jamaican men, it turns out, fall prey to the lure of the streets and end up deported.

( photo credit: paul.hartrick)
Many Jamaican deportees I have met through my research were left with relatives in Jamaica while their parents traveled abroad to earn money and establish themselves. Their parents sent for them when they were teenagers. Arriving in New York City in the 1970s, these Jamaican boys, raised by their grandmothers, did not fit in. They spoke the wrong way, wore the wrong clothes, and didn’t know the code of the streets. They often had misunderstandings with their parents, as their years of separation had created distance between them. Their parents worked long hours and often did not provide the emotional support they needed and expected. Many of them dropped out of high school.
After dropping out of high school, some were able to find menial jobs. But, like their parents’ jobs, these jobs paid little, and didn’t allow them to attain the glitz and glamour they saw all around them. They found solace hanging out with other young Caribbean men, on the streets of New York.
As teenagers, living the street life of New York in the 1970s, they weren’t angels. But, a couple of years in the United States had not turned them into hard-core criminals either. Many Jamaican deportees I met found themselves in a situation where they were in a car or a house and the police came and found drugs and/or guns. Each of them did hard time for this.
One man, Samuel, explained to me that he had been raised by his grandmother in Jamaica. At age 14, he went to the US to live with his parents, who had obtained legal permanent residency. Samuel went to high school in Brooklyn for a couple of years. Eventually, he couldn’t take the teasing and taunting about his accent and his clothes anymore. When he dropped out, his tenuous relationship with his parents soured and they kicked him out of the house. He went to live with some friends, and slowly got pulled more and more into the street life. One afternoon, he was riding down the street with some buddies, and the cops pulled them over.
Samuel told me he had no idea the car was stolen. When he realized what was going on, he ran. The cops cornered him in a back yard and arrested him. When it was time for him to stand trial, the police officer said that, in the back yard, Samuel had pointed a gun at him, and Samuel was charged with attempted murder of a police officer. At age 19, his first conviction turned into a fifteen year sentence in prison. Turns out he served twenty-six years, as the parole board did not release him. He said that was in part because he would never admit guilt and in part because the board was particularly harsh on violent crimes when his turn came up.
The story of the devastation of black communities because of the loss of black men to the prison system is well-known. The incarceration of Jamaicans in the 1970s, 1980s, and 1990s adds another dimension to this. Upon release, these men are deported to Jamaica, a land many of them left as teenagers. Many of them have nearly all of their family members in the United States, and few or none in Jamaica.
Samuel spent five years on the streets of New York, and then spent twenty-six years in the penitentiary. In 2005, he was deported to Jamaica. He was 45 years old, and had not been in Jamaica since he was 14 years old. No prison release program, no orientation to Jamaica, and all of his family in the United States. Moreover, his father was too embarrassed of him to help him find family members in Jamaica. Eventually, he found a cousin who lets him stay with her for a couple of months.
When Samuel applies for jobs, they ask him about his work history. If it becomes evident that he spent over two decades in prison, no one wants to hire him. Samuel fights back tears as he tells me his story. He never lets one drop. “Everyone in prison says they are innocent,” he says. I look into his eyes and see a life wasted.
Samuel is calm, intelligent, articulate, poised. He has to sacrifice his dignity every day to get a plate of food and a warm bed to sleep on. He is currently staying with a childhood friend who is willing to hide Samuel’s past from others.
For these men, the American dream turned into a nightmare, and no one believes them. Jamaicans look at them and see that they had the opportunity to go to where the streets are paved with gold. They went to America, and came back with nothing.
~ Tanya Golash-Boza is an Assistant Professor of Sociology and American Studies at the University of Kansas. She blogs at Stop Deportations Now.

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Structural Racism and Mass Deportation

June 24th, 2010

The Department of Homeland Security (DHS) has a goal of deporting 400,000 people from the United States every year. The policy of DHS to deport as many people as possible is advertised as a measure that enhances national security. The way that mass deportation is implemented, however, leads to the disproportionate deportation of black Caribbeans and Latin Americans. Because of the disproportionate impact of deportation on black and Latino immigrants, the policy of mass deportation is another manifestation of racial inequality in the United States.


(image from here.)

The overwhelming majority of the 12 million undocumented people in the United States are not in deportation proceedings. Some undocumented migrants, particularly East Asians, are very unlikely to ever be apprehended and deported. In 2007, there were about 230,000 undocumented South Koreans in the United States. Only 417 Koreans were deported from the United States in 2007. In that same year, there were about 280,000 undocumented Hondurans in the United States. Yet, 29,737 Hondurans were deported. In 2007, there were slightly more undocumented Chinese and Filipinos in the United States than Hondurans. However, only 408 Filipinos and 766 Chinese were deported. This is indicative of a trend – Latin Americans are much more likely than Asians to be deported.

Given that DHS claims to be making the nation safer through deportation, it is remarkable that they almost never deport people to countries which the U.S. Department of State identifies as sponsoring terrorism – Iran, Iraq, Syria, Libya, Cuba, North Korea, and Sudan. In 2007, for example, 319,382 people were deported. Among these were 49 Iranians, 27 Iraqis, 40 Syrians, 76 Cubans, and 13 Sudanese. (Data were not available for Libya and North Korea.) Instead, deportees are most often sent to countries with which the United States has amicable relations – our allies in the Western Hemisphere. Human Rights Watch reports that 897,099 people were deported on criminal grounds between April 1, 1997, and August 1, 2007, and that 94 percent of these people were from just ten countries, all in the Western Hemisphere – Mexico, Honduras, El Salvador, Dominican Republic, Guatemala, Colombia, Jamaica, Canada, Brazil, and Haiti,

The laws that have led to mass deportation were created in the context of fears of a racialized other. The 1986 Immigration Reform and Control Act (IRCA), which lay the groundwork for much of present-day undocumented migration and employment, was the result of nativist concerns over rising numbers of undocumented immigrants in the United States. The 1996 laws, which expanded the grounds for deportation, were an outgrowth of Proposition 187, a California initiative with many racial overtones. The Homeland Security Act, which allowed for the funding of mass deportation, came about in the context of fear of terrorists, often racialized as Middle Eastern. Although these laws are color-blind on the books, both their enactment and implementation are tainted by implicit and explicit acts of racism.

As Melvin Oliver and Thomas Shapiro (among other scholars) explain, it is not necessary for laws to use explicitly racial language to reproduce racial inequalities. Insofar as laws, policies, and institutions create inequitable outcomes in their implementation, they can be considered part of the structural racism that has pervaded U.S. society since its inception.

~ Tanya Golash-Boza is an Assistant Professor of Sociology and American Studies at the University of Kansas. She blogs at Stop Deportations Now.

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Forced to Choose Between Family and Country

June 11th, 2010

In the United States of America, the spouses of US citizens can be deported, no matter how long they have lived in the United States, no matter how many US citizen children they have, and no matter how much they love their family.

In Chicago in 2008, I interviewed nine couples that consisted of a US citizen married to an undocumented migrant. Each couple discussed the implications of US immigration law to their families. I discuss this project in this video:

This is one of the stories from this project:

Fatima is 30 years old, graduated from Loyola University, and works as a family therapist, counseling families whose children are in juvenile detention. She likes being able to help people, to give them hope, and to figure out ways to make their life better. Her husband, Antonio, paints houses for a living. He would like to go back to school, to learn a trade such as an electrician, or maybe open a business. But, life hasn’t presented him with that opportunity yet.

Fatima, along with her two sisters, was born in Mexico City. When she was four years old, her father passed away, and her mother decided that it would be easier for her to raise her three children in the U.S. She was able to obtain visas, and they came to the US on an airplane. Eventually, the whole family obtained U.S. citizenship.

Antonio was born in Michoacan, Mexico, in a small town. His father was attacked by a bull when Antonio was thirteen. This accident left him invalid, and Antonio and his brother left school to go to Mexico City to work. They found work in a car wash, and stayed there for six years, until a woman from their hometown asked Antonio to accompany her to cross over to the U.S. Antonio arrived in Dallas, and eight months later, decided to come to Chicago. In Chicago, he spent several months working as a day laborer, until he finally found a more stable job as a painter. He has been in that job now for four years, and works seven days a week most weeks.

Not too long after Antonio found his current job, he met Fatima. When I spoke with them, in May 2008, they had a two and a half years old son and had been married for three years.

Fatima and Antonio came to the community-based organization, Latinos Progresando, to see if there was anything they could do to legalize Antonio’s status. Antonio had been living here illegally since he crossed the border in 2003. Fatima said she is constantly stressed out. When he goes to work, she has to worry about whether or not there will be a raid, or if he will be stopped by the police. This stress is clearly wearing on her, as her voice broke and her eyes welled up with tears as she talked to me. Read the rest of this entry “

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Governor Paterson’s Pardon Panel Sets a Better Example than Arizona

May 11th, 2010

In the absence of a national comprehensive immigration reform, individual states are coming up with their own immigration laws and policies.  Two of the most notable state actions include the signing of SB 1070 in Arizona by Governor Jan Brewer and a decision by Governor Paterson of New York to offer more pardons to legal permanent residents facing deportation.

The bill recently signed into law in Arizona criminalizes undocumented migrants by making undocumented migration a crime of trespassing – the punishment for which will involve a fine and jail time. In United States law, there is no punishment for being undocumented, as being undocumented is not a crime. Deportation is not considered punishment; it is a civil sanction. Deportation is outside the purview of most Constitutional protections. For this reason, immigration agents can detain people without establishing reasonable suspicion and non-citizens are not afforded counsel in deportation proceedings. In Arizona, police officers will be trained to enforce immigration laws and will turn suspected undocumented migrants over to federal immigration agents to be deported. Arizona officials cannot deport anyone.

As Jessie pointed out in a recent post, the Arizona law is tied to white supremacist organizations. In stark contrast to the Arizona law which makes undocumented immigration a crime, New York Governor Paterson announced on Monday that he will establish a special five-member state panel to review the cases of legal permanent residents convicted of crimes to determine whether or not they merit a governor’s pardon.

Governor Paterson’s panel, unlike the immigration court system, can take into account the severity of the crime, the ties to the US, and lack of ties to the home country of legal permanent residents convicted of aggravated felonies to decide whether or not a non-citizen should be deported. Under current law, non-citizens convicted of aggravated felonies face automatic deportation. Immigration judges cannot take into account any personal circumstances. Aggravated felonies include a wide array of crimes – some of which are actually misdemeanors. For example, a shoplifting conviction with a suspended sentence of one year counts as an aggravated felony. People who have been legal residents of the United States for nearly all of their lives have been deported for shoplifting Tylenol, for smoking marijuana and for forging checks.

Once the judge determines that a crime meets the definition of an aggravated felony, the non-citizen faces deportation. It does not matter if the person was adopted by a US citizen as an infant or came to the US as an adult – a conviction of an aggravated felony automatically leads to a deportation. There are only two ways for a person convicted of an aggravated felony can avoid deportation – a governor’s pardon or a presidential pardon. Until now, very few pardons have been granted.

Governor Paterson’s decision to implement a panel to review pardon cases is very different from what is going on in Arizona. Arizona is attempting to change the nature of immigration law by criminalizing civil offenses. Governor Paterson is not changing any laws. He is simply taking on more actively a power he already has – the power to grant pardons.

State senators across the United States are proposing to take immigration laws into their own hands. Unfortunately, most states are looking to follow the path of Arizona and criminalize immigrants. Few states are proposing to provide relief for legal permanent residents convicted of crimes. This is an aspect of immigration law that needs to be changed at the federal level. For now, however, state governors could show the need for this by implementing panels similar to that of Governor Paterson.

Since 1996, over 100,000 legal permanent residents have been deported from the United States due to criminal convictions – many of them for minor crimes. (See this site for more information about aggravated felonies.).   Our immigration laws are desperately in need of reform. Most of the legislative proposals in Congress, however, do not propose to change the overly punitive laws regarding the deportation of legal permanent residents convicted of crimes. Few lawmakers wish to be perceived as not being tough on crime. Who wants to stand up for “criminal aliens”?

I commend Governor Paterson for standing up for what is right and encourage other Governors to take similar action. It is right and it is in line with our values as a nation to allow people facing deportation to have their cases heard.  It is wrong to deport people without taking into consideration their ties to the United States and the effects of their deportation on their lives and on the lives of their families.

~Tanya Golash-Boza is an Assistant Professor of American Studies and Sociology at the University of Kansas. She blogs about immigration policy at: http://stopdeportationsnow.blogspot.com/

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Immigrants and Citizens Alike Affected by Immigration Reform

February 18th, 2010

The immigration policy debate is not solely about the fate of immigrants, or of non-citizens. The outcome of these debates and any measures enacted under the guise of immigration reform will affect United States citizens. In the contemporary United States, any policy that has negative implications for immigrants inevitably also will have negative consequences for citizens. This is because, in many ways, there is not a clear boundary between non-citizens and citizens nor between immigrants and citizens.

Some US citizens are immigrants, and some non-citizens will become citizens. In addition, most non-citizens have citizen family members. As Fix and Zimmerman point out, fully:

“85 percent of immigrant families (i.e. those with at least one non-citizen parent) are mixed status families. The meaning of this is clear: most policies that advantage or disadvantage non-citizens are likely to have broad spillover effects on the citizen children who live in the great majority of immigrant families” (emphasis in original).

In the United States, the Department of Homeland Security (DHS) is charged with handling the transition of the foreign-born either into citizenship or into leaving this country. As indicated on the DHS official website, the mission of the DHS is as follows:

We will lead the unified national effort to secure America. We will prevent and deter terrorist attacks and protect against and respond to threats and hazards to the nation. We will ensure safe and secure borders, welcome lawful immigrants and visitors, and promote the free-flow of commerce.

The primary mission of the DHS is to protect citizens from terrorist attacks. This projection involves protecting the borders, and enforcing laws in the interior, but at the same time, welcoming lawful immigrants and visitors and international commerce. For the DHS, lawful immigrants are potential citizens, whereas unlawful immigrants are unwelcome.  The DHS is charged both with enabling immigrants to become citizens and ensuring that those who are not eligible for citizenship are appropriately regulated.

Although the DHS is clear on its intent to regulate non-citizens and to protect citizens, it is not possible to divide the US into two discrete parts – citizens versus non-citizens. It is perhaps more useful to draw a divide between the foreign-born who are eligible for citizenship and those who are not. The foreign-born who are eligible for citizenship include legal permanent residents who have been in the US for several years, and have not violated US laws. Those who are not eligible for citizenship include most undocumented migrants, tourists, students, refugees, and non-citizen who have violated certain US laws.

Non-citizens who are convicted of a wide range of legal violations not only are ineligible for citizenship, but also face deportation. The legal violations that render non-citizens deportable include violent crimes such as murder, rape, and robbery. However, they also include minor crimes such as crossing the border without inspection, shoplifting, resisting arrest, and tax evasion. A US citizen who commits similar crimes faces the appropriate charges, serves any time sentenced, and goes about his or her life. A non-US citizen who commits these crimes faces deportation to his or her country of birth. In this sense, the law is clear as to the different nature of punishment for citizens versus non-citizens. The impact, however, is often felt by citizens. When a non-citizen is deported, his or her family often suffers greatly.

People who are not US citizens and are thus subject to deportation often have US citizen family members. They also often live in communities with US citizens. Some may have been in the country for a few days, but others have settled here and have been here for decades. Their deportation can be a tragedy for those left behind. For this reason, the immigration policy debate cannot take a narrow look simply at migrants, but must also take into consideration the significant impact on citizens, as well as recognize that immigrants and citizens are not mutually exclusive categories, but often stages in a person’s migrant career.

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Earthquake hits Haiti, causing destruction to an impoverished nation

January 13th, 2010

As you no doubt heard by now, an earthquake of 7.0 magnitude on the Richter scale has hit Haiti, the poorest country in the Western Hemisphere. Its epicenter was just a few miles from the capital city of Port-au-Prince. Large buildings in Port-au-Prince, including the National Palace, built by the US Marines in 1915, and the United Nations headquarters, have been destroyed.   Many large cement structures are now piles of rubble.   The extent of the damage remains unknown, as communication between Haiti and the rest of the world has been difficult since the earthquake hit.

Haiti is a country of ten million people, and some reports estimate that at least 100,000 have died and three million people have been affected directly by the earthquake. The capital, Port-au-Prince, is home to nearly three million people, many of whom are recent migrants to the capital and who live in substandard housing.

Thirty years ago, Haiti was self-sufficient in terms of food production, particularly rice, one of the staples of Haitians. Unfortunately, over the past three decades, trade and aid agreements between the US and Haiti have created a situation where rice farmers can no longer make a living in Haiti.  A prime example of this is when rice, grown by subsidized farmers in the US, is dumped on the Haitian market, pushing Haitian farmers out of production. Because of these and other US and IMF economic policies over the past three decades in Haiti, people from the countryside have been unable to make a living in rural areas, and have migrated to the capital.

Many of these urban migrants live in houses made of cinderblock or other substandard materials that are very susceptible to earthquake damage. The fact that so many people live in inadequate housing structures adds significantly to the destruction caused by the earthquake.

Haiti was founded in 1804, and is the first black republic in the Western Hemisphere.   Haiti also boasts a proud history of a successful slave revolt.    Despite its noble beginnings, Haiti’s history has been fraught with violence and poverty, and the United States has played a significant, contributing role in the lack of political and economic stability in the tiny island nation.

Haiti was occupied by the United States from 1915 to 1934. In 1994, Aristide Bertrand was democratically elected by the Haitian people – the first democratically elected president of Haiti. Eight months later, he was ousted by US-backed forces.   Following this, the US occupied Haiti.   Haiti was occupied again by US and UN forces in 2004.

Hurricanes have hit the island regularly over the past decade, adding to the troubles faced by the people of Haiti. The recent earthquake is the worst to hit Haiti in 200 years. The earthquake, with its fires and the massive destruction of buildings, “seems like the abyss of a very long history of natural and political disasters” (Edwidge Danticat, January 13, 2010 on Democracy Now).

When Haitian citizens have left their own country to come to the US (a form of forced migration), the US government has systematically discriminated against them.   Currently, there are currently 30,000 Haitians being held in immigration detention centers in the United States.  Subsequent to the most recent hurricane in Gonaïves, Haiti, immigrant rights activists mobilized to request that Haitians not be deported to Haiti, because of the destruction wreaked by the hurricane. These demands for Temporary Protected Status (TPS) were denied. In the aftermath of the present disaster, it would be inhumane to send deportees from the United States to Haiti.

President Obama has promised to help the Haitian people get through the present disaster. Given the troubled history between the two nations, and the extensive corruption involved in foreign aid in Haiti, Obama will face many challenges in delivering this much-needed assistance. Granting Haitian immigrants presently in the United States Temporary Protected Status would be a crucial first step in the effort to help Haiti get back on her feet.

If you’re interested in helping the people of Haiti, Dumi Lewis has a good list of organizations over at Uptown Notes.

Update from admin 1/15/10: U.S. Suspends Deportations to Haiti.

~ Tanya Maria Golash-Boza teaches at the University of Kansas and blogs about her research on the consequences of mass deportation at http://tanyagolashboza.blogspot.com/

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Legalization for All? Not with HR 4321

January 8th, 2010

It looks like it is about time for immigration reform to be debated in Congress again. For the twelve million undocumented people in the United States, immigration reform could not come too soon.

H.R.4321 – Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009, the latest proposed legislation, would allow undocumented immigrants to apply for legal status. This provision has caused anti-immigration activists such as Mark Krikorian and others to voice concern about the proposed legislation. Among immigrant-rights activists, the provision is generally celebrated. However, many activists also recognize that HR 4321 likely will not provide for the legalization of all 12 million undocumented people in the US.

HR 4321 provides legalization only to those undocumented immigrants who qualify. Any undocumented immigrant who has been convicted of more than three misdemeanors or one felony will not be eligible for legalization.

This may, at first glance, seem like a fair provision. Who wants criminal elements in our midst? However, if we consider the potential human costs to deportation, the story changes. Felonies are generally crimes for which the sentence is more than one year. Felony convictions vary by state but could include, for example, property damage over $250 (Arizona) or possession of one gram of cocaine (Indiana) possession of four ounces of marijuana (Texas) or possession of a BB gun (New Jersey). These are crimes, but many would argue that the punishment should not be permanent separation from one’s loved ones. For many, deportation amounts to exile from the only country they have known.

Due to racist police tactics and a discriminatory justice system, felony convictions are all too common for people of color. For example, Bureau of Justice statistics estimate that 17% of Hispanic males in the United States will go to State or Federal prison at least once in their lifetimes (pdf).  Notably, only about 75% of people convicted of felonies actually serve time, making the rate of felony convictions for Latinos even higher. Rates of incarceration for immigrants are lower than for the native born.  However, it is reasonably safe to say that as many as one million of the current twelve million undocumented migrants currently in the United States will not be eligible for legalization because of prior criminal convictions.

Many of these one million people will be long-term residents of the United States, and will have families in the United States. Knowing they have a criminal conviction, they will be faced with the choice of remaining in the shadows and continuing to live with their families and leaving their families behind to fend for themselves.

In short, anything less than legalization for all will mean that the problems associated with undocumented migration will not go away with immigration reform. We will continue to have people in the United States who are deprived of the basic rights that go along with legal status, and, of course, citizenship.

It is crucial to point out that those undocumented migrants that can take advantage of legalization will benefit from the passage of a bill such as HR 4321. For that reason, this bill deserves the support of the progressive community. At the same time, we should continue to push for the long-held goal of the immigrant rights movement – legalization for all! Anything less will be a compromise that will harm millions of immigrants and their families.

~ Tanya Maria Golash-Boza teaches at the University of Kansas and blogs about her research on the consequences of mass deportation at http://tanyagolashboza.blogspot.com/

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