Tags

, , , ,

This post inaugurates my return to the blogosphere.  Many topics to discuss, coming soon: VAWA, the unsung heroes surrounding Chen Guancheng’s achievements, Tarek Mehanna’s conviction.

I spoke at Amherst Town Meeting last night in support of passing Article 29* to the Town Warrant of Amherst, MA. Article 29 resolves not to participate in federal law enforcement programs relating to immigration enforcement, in particular, the Secure Communities program.  S.Comm, as it’s known, is an Immigration and Customs Enforcement (ICE) initiative, which directs local and state authorities to run the fingerprints of anyone with whom they come in contact in the course of their duties (to check on a complaint of theft, domestic abuse, a report of strange activity). They are directed to do so in order to check on the visa status of the complainant, the informer, the suspect–and then to inform the FBI, (who will then inform ICE), and to detain them for 48 hours (or long enough for ICE to move and transport them to detention facilities–where the chance to defend, challenge or ask for support is eliminated). ICE claims 2 things in its explanation: 1. “Absent special circumstances or aggravating factors, it is against ICE policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.”  2.  They direct ICE officers to “use discretion.” Discretion, as we know, is a dangerous thing. Discretion can be used to protect, or it can be used to enhance and aggravate an already ambiguous and incendiary circumstance.

As you may know, there is no automatic judicial review for anyone who is perceived to be an “illegal” migrant–nor even for those who are U.S. citizens (3500 citizens have already been deported). This means that any brush with local authorities for yellow, brown, or black people–regardless of citizenship status OR innocence–eliminates the ability to challenge the authorities’ decision to detain, move you to unknown territory, or let your family know, or arrange to have someone care for your children. Among other restrictions.

As of May 15, 2012, despite the explicit refusal of Massachusetts, Illinois, and New York to opt out of S.Comm, the federal government has insisted that S.Comm must be enforced. Massachusetts Gov. Deval Patrick, despite his initial resolution, has conceded to the demands of the Department of Homeland Security.

S.Comm, contrary to the claims of Janet Napolitano and ICE, will not make the Homeland a more secure place. The statistics given by reliable sources suggest that 79% of people deported under Secure Communities had no criminal records or had been picked up for low-level offenses, like traffic violations and juvenile mischief. Of the approximately 47,000 people deported in that period only about 20 percent had been charged with or convicted of serious “Level 1” crimes, like assault and drug dealing. 3500 of the persons deported under S.Comm were US citizens.

The national average of Secure Communities deportees with no criminal records was about 26 percent, but that figure also varied wildly around the country. It was 54 percent in Maricopa County, Ariz., whose sheriff is notorious for staging indiscriminate immigration raids. In Travis County, Tex., it was 82 percent. Here is what Secure Communities program will do: its purpose is to enable a a greater scope of action to arrest, detain, and direct the movements of migrants and non-whites (by holding them for ICE to scoop them up and take them to holding facilities, lose their children in the foster system, leave them without access to lawyers, family, or community). S.Comm enables greater police authority with little, if any, accountability, checks or balances on municipal, state, or federal.authorities when it comes to the treatment of people of color–citizens, residents, migrants:  It is one in which at any moment one is at the mercy of an authority—not because she has done something wrong, but because she is facing an authority.

S.Comm brings the rest of the nation much closer to the racial profiling laws of Alabama and Arizona, contrary to the claims of Eric Holder and Obama Administration in the Supreme Court’s review of SB 1070 several weeks ago.  Here are some features as they pertain to the S.Comm program:

*It does not ask for habeas corpus, or the charges of wrongdoing that are to be leveled against migrants.

*It does not ask for judicial review of the crimes in question before starting, finishing deportation proceedings.

*It does not recognize due process, or human rights protections.

Those 3 things belong to states that are based on political rights, on human rights, on constitutions, but they have been eliminated for folks of color and migrants in Arizona and Alabama racial profiling laws.

As I said last night, S.Comm is not designed to make us feel secure. It is designed to make those of us who are visibly “not of here,” fear any interactions with the law. It is designed to make those of us who appear to be “of here” to mistakenly believe that undocumented migrants are automatically criminals—that not filing paperwork or moving without filing paperwork (an illegal act) is somehow akin to a crime. That driving without a license deserves a cross-check with ICE, rather than just being charged with driving without a license and summoned to court to explain/defend oneself or deal with the traditional penalties that go with such a charge.  S.Comm is designed to deceive citizens into believing that poverty, crime, and unemployment are caused by migrants, undocumented or otherwise, and that by removing those migrants, the Federal Government is doing something about it by forcing local and state police authorities to report and cross-check the suspects—really—the yellow and brown and black suspects whom they’ve arrested.

Amherst Town Meeting voted morally–and nearly unanimously–to insist that Amherst Police Department cooperate minimally if at all “with federal law enforcement programs relating to immigration enforcement…” Here is the last paragraph of the resolution.

NOW, THEREFORE, BE IT RESOLVED that the Town of Amherst and its officials and employees, to the extent permissible by law, shall not participate in federal law enforcement programs relating to immigration enforcement, including but not limited to, Secure Communities, and cooperative agreements with the federal government under which town personnel participate in the enforcement of immigration laws, such as those authorized by Section 287(g) of the Immigration and Nationality Act. Should the Commonwealth of Massachusetts enter into an agreement or Memorandum of Agreement regarding Secure Communities, the Town of Amherst shall opt out if legally and practically permissible. To the extent permissible by law, immigration detainer requests will not be honored by the Amherst Police Department. Municipal employees of the Town of Amherst, including law enforcement employees, shall not monitor, stop, detain, question, interrogate, or search a person for the purpose of determining that individual’s immigration status. Officers shall not inquire about the immigration status of any crime victim, witness, or suspect, unless such information is directly relevant to the investigation, nor shall they refer such information to federal immigration enforcement authorities unless that information developed is directly relevant. The use of a criminal investigation or arrest shall not be used as a basis to ascertain information about an individual’s immigration status unless directly relevant to the offenses charged.
 

Remember that little legal document–the U.S. Constitution–which acknowledges that we human beings—whether people, or police, or judges, or politicians—can be fallible? It does so by establishing a procedure by which charges need to proven procedurally, and rights are accorded in order to safeguard against kneejerk assumptions about guilt and criminality. We can make mistakes and accuse people wrongly of crimes. That’s why rights—protections of the accused, judicial review: a hearing in front of a judge, and constitutional protections—those things that make us feel a little safer from the caprices and arbitrary dislikes of human beings—are so important.

The way to Safer Communities—not Secure Communities—but Safer Communities is to build trust. The way many of us build trust is to communicate, to talk, to know that our neighbors and we all think of our towns as communities, to know that we are on the same side.Trust is established when a migrant knows that by approaching someone to report a crime, or asking for help because some injustice was committed (like a rape, an assault, a theft), she will not be thrown in jail, or put in arbitrary detention where officials can treat her badly as they like with impunity, because there is no accountability, no review, no checks.

S. Comm has been imposed on us by the Department of Homeland Security, urged by the Obama Administration—groups that are supposed to represent us (fyi) and supposedly disagree with AZ’s SB 1070, GA’s HB 87, and AL’s HB 56, even though the intent is similar. It is a program that urges us to turn in neighbors who don’t quite look like us, who seem to be “different”, who seem to be from “away.” It is not a program that represents us. It is a program that urges us to turn on one another so that politicians can capitalize on fear and xenophobia to be continually re-elected to office.  Secure Communities, in fact, will lead to insecure, unsafe, antagonistic, violent, and hostile communities.  They will render them a virtual police state; certainly, this won’t be the case for all of us. However, for migrants, legal and illegal, S.Comm will enhance fear and distrust.

Bravo, Town of Amherst!

____________________

*Full text of Article 29, as passed by Amherst Town Meeting on May 21, 2012:

WHEREAS the Town of Amherst has been enriched and built by generations of immigrants; and,
WHEREAS the program called “Secure Communities” (SComm), run by federal Immigration and Customs Enforcement, harms our communities by mandating the sharing of local law enforcement reporting with the Department of Homeland Security on individuals they detain or arrest, thus involving local law enforcement in federal immigration policy; and,
WHEREAS SComm is an unfunded mandate, meaning that the burden of incarceration, detention, and care for detained people falls upon the budget of local law enforcement and upon the Town of Amherst; and,
WHEREAS SComm rejects a community policing model, which is based upon trust between law enforcement and the population it is meant to protect and serve, and has already been shown to increase distrust and fear of local authorities, making many immigrants afraid to be witnesses and report crimes against themselves and others; and,
WHEREAS SComm violates the Town of Amherst Bylaws, including the Human Rights Bylaw (STM- November 8, 1999, Art. 16), as SComm explicitly promotes discrimination on the basis of nation of origin and implicitly promotes discrimination on the basis of race, color, and socio-economic status; and,
WHEREAS the Code of Federal Regulations, 28 C.F.R. §20.21(c)(3), provides that “[s]tates and local governments will determine the purposes for which dissemination of criminal history record information is authorized by State law, executive order, local ordinance, court rule, decision or order”; then
NOW, THEREFORE, BE IT RESOLVED that the Town of Amherst and its officials and employees, to the extent permissible by law, shall not participate in federal law enforcement programs relating to immigration enforcement, including but not limited to, Secure Communities, and cooperative agreements with the federal government under which town personnel participate in the enforcement of immigration laws, such as those authorized by Section 287(g) of the Immigration and Nationality Act. Should the Commonwealth of Massachusetts enter into an agreement or Memorandum of Agreement regarding Secure Communities, the Town of Amherst shall opt out if legally and practically permissible. To the extent permissible by law, immigration detainer requests will not be honored by the Amherst Police Department. Municipal employees of the Town of Amherst, including law enforcement employees, shall not monitor, stop, detain, question, interrogate, or search a person for the purpose of determining that individual’s immigration status. Officers shall not inquire about the immigration status of any crime victim, witness, or suspect, unless such information is directly relevant to the investigation, nor shall they refer such information to federal immigration enforcement authorities unless that information developed is directly relevant. The use of a criminal investigation or arrest shall not be used as a basis to ascertain information about an individual’s immigration status unless directly relevant to the offenses charged.”

About these ads