Category: Activism

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ICE’s “Secure Communities” and American spouses

Click to read AILA Report

The American Immigration Lawyers Association has just released a report that documents 127 cases of immigrants who were taken into Immigration and Customs Enforcement custody after minor interactions with local law enforcement officials. This often happens through the Department of Homeland Security’s “Secure Communities” program, which has come under intense scrutiny in recent weeks. Secure Communities provides immigration authorities with fingerprints from local jails, but DHS has several other means of scanning arrestees for immigration violations including 287g, which deputizes some local police and sheriffs to enforce immigration laws and the Criminal Alien Program, which screens inmates in select jails and prisons for immigration violations.

Perhaps most chilling, however, as documented in the AILA report, is the tendency of local law enforcement, including U.S. Forest Service rangers in one example, to call in ICE after routine traffic stops and hand the case over to them.

The opposition to Secure Communities and to the large numbers of deportations under the Obama administration that the program has facilitated, is still being led by fearless undocumented youth, as evidenced by demonstrations in Chicago and Los Angeles (see YouTube video below). But as the numbers of U.S. citizens or permanent residents with close relatives and friends caught up in this federal dragnet increase, a new opportunity for protest is on the rise.

Of the 127 cases the AILA report documents, at least 27 of the immigrants in deportation proceedings have U.S. citizen or permanent resident spouses or fiances. Four are dating American citizens. And even more have U.S. citizen children, siblings and parents. Imagine for a moment that you are driving with your husband in Florida, you get a ticket and when you go to court to challenge it, your husband is arrested by ICE agents and placed in deportation proceedings:

In 2010, a man in Florida was a passenger in a car driven by his wife, a U.S. citizen, when the car was pulled over. The wife was given a ticket for driving without a license. The wife went to traffic court to challenge the ticket because she had a valid driver’s license. The man accompanied her to court. Even though the wife was a U.S. citizen, she was not fluent in English because she had spent many years outside the U.S. However, plainclothes ICE agents were at the courthouse arresting people who needed an interpreter, and they arrested both the man and his wife. He has been placed in removal proceedings and has no relief other than voluntary departure. He was the sole source of support for his wife and two U.S. citizen children. He also helped support his wife’s U.S. citizen sister and her two children. —AILA Case Study #26

These cases are occurring all over the country at all times of day and night. Even Good Samaritans and VICTIMS of crimes are being caught in the dragnet:

In September 2007, a man called the police after being the victim of a hit and run car accident in New Mexico. The sheriff’s deputy who responded to the call repeatedly asked the man if he was “illegal.” When he finally admitted to being in the country unlawfully, deputy arrested him. He was held until ICE picked him up and was eventually deported to Mexico. His lawful permanent resident wife and their U.S. citizen child moved to Mexico as well. —AILA Case Study #83

I cannot see how President Obama, a student of the 1960s Civil Rights struggle can watch this type of injustice occur, much less sit idly by as “citizens”—and I use that term in the broadest way possible, as in good citizens—take to the streets over it.

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Brave New Vargas

The suffering economy. Crime levels. Apathy about our country’s seemingly unending involvement in foreign wars. All this bad news only serves to further polarize the political environment in which we can discuss an issue that’s at the heart of our nation: immigration. But immigration is getting hot. Yeah, yeah, you say, it’s like this every few years. But since the 1986 amnesty, no comprehensive immigration reform has been enacted by the U.S. government. However, we have seen the absorption of the Immigration and Naturalization Service into Homeland Security/ICE (Immigration and Customs Enforcement) and the passing of rather anti-immigrant laws in southern states such as AZ, AL, GA and now SC. An estimated 12 million undocumented immigrants live in hiding in the U.S., not to mention their citizen family members. It seems that despite the attempts to pass meaningful reform that addresses an increasingly complex immigration situation in the U.S., reactionary xenophobia threatens to overshadow our country’s diverse and worldwide roots.

It’s easy to get cynical in this atmosphere, especially when you’re someone like me whose life has been so profoundly impacted by this simple situation, as described by Jeff Hawkins, in America’s Shameful Moments on June 24th, at DefineAmerican.com:

“At times in the past, the U.S. did not restrict the number of immigrants. If you got here and were in good health you were let in. Currently we restrict the number of immigrants each year. We expect people desiring to come to the U.S. will respect these restrictions and wait in line. That hasn’t been the case and we find ourselves with about 10 million adult immigrants living and working in the U.S. who came here illegally.”

And yet, those inspiring moments do come now and then. Hope re-surges in me that Americans are capable of recognizing immigrants’ humanity, be they documented or undocumented. Or of having a rational discussion about our economic dependence on them. The moments come when I see individuals speaking out for their loved ones who are undocumented, as in Tony and Janina’s Wedding. Optimism fills me when I see authorities such as Paul Bridges, Mayor of Uvalda, GA, suing his own state over a new immigration law, challenging what he feels to be ill-fated policy not just for his town but the entire nation. Or when I post to this or my other blog, Succulent Seer, and get responses from equally inspired individuals.

Perhaps the person who inspired me the most recently was Jose Antonio Vargas, a Pulitzer-prize winning journalist who came out as an undocumented immigrant in My Life as an Undocumented Immigrant in the New York Times magazine on June 22nd. Although I won’t summarize the article here, and his situation is different than my husband’s (he was sent to the U.S. as a child, and then chose to continue the life for about 14 years once he found out he was here illegally), there is a certain kinship in that there finally came a time when Vargas realized he couldn’t maintain a secret life anymore. For us, this moment came when we decided that all legal options were impossible, and we would have to move to Mexico to stay together. Knowing the risks which Vargas is putting himself at by outing himself, is inspiring in itself. Seeing that a publication likes the Times was willing to run his article, and that Rachel Maddow brought him on her show in a sympathetic manner is similarly heartening.

However, observing the knee-jerk reactions by some of his “fellow” journalists was offensive. One even went to so far as to say Vargas has disqualified himself as a journalist by being straightforward about his status, as quoted in The Media Deportation of Jose Antonio Vargas, by Daniel Denvir. So is that to say that any individual who’s ever formerly engaged in any illegal activity, such as adultery, drug abuse, traffic violations (pick your poison) disqualifies themselves from their profession? The argument about Vargas being a habitual liar just doesn’t hold up. Most everyone has some dirty laundry in their closet they’re not quite ready to hang out. Come on guys, I’d expect more objectivity when you’re bashing subjectivity.

This is when I can feel the heat of the debate all the way down here in sunny Mexico. Comments like these, although I try hard to ignore the chaff, are strong enough to pull me out of my writing of our book to talk about what’s going on. It concerns me that people are willing to get so high up on their holier than thou horses that they can’t see the forests for the trees. It affects how I write my story. I get nervous about how people are going to react to me telling a story, how it could be construed that I was harboring my husband, no matter how much the immigration lawyer we’re working with assures me that that’s unlikely. Ultimately, I worry that we have strayed so far from our own humanity that we don’t recognize that of others.

But then I think of the brave ones. Like my husband himself, who said, “I never hid who I was.” It’s true, he didn’t, and he also had a lot to lose by voluntarily deporting (as did I, by accompanying him). However, he didn’t have the same exposure as Jose Vargas, who’s essentially making himself a high-profile guinea pig of the new ICE mandate that “law enforcement resources should be aimed at those who would do the country harm, people who threaten national security, violent offenders, and drug dealers,” as described on the American Immigration Lawyer Association (AILA) blog. Vargas said, “We have not had a credible conversation about immigration in this country.” How can we, when everyone is too afraid to see the truth, much less speak it? It’s a big risk he’s taking to speak the truth of his own life, a risk that people with pre-conceived notions about undocumented immigrants won’t sufficiently appreciate, but one that *will* inspire a lot of people, including me. I think I speak for millions when I say thanks, Jose, for sticking your neck out.

Out beyond ideas of wrongdoing and rightdoing,
there is a field. I’ll meet you there.
When the soul lies down in that grass,
the world is too full to talk about.
Ideas, language, even the phrase “each other” doesn’t make any sense.

Mevlana Jelaluddin Rumi – 13th century

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The political-personal border

Long-standing “problems” with immigration and the border. The recently unveiled immigration reform proposal by President Obama. Our book. My own life. Never before has the political felt so urgent and personal to me, and yet never before have I felt so reticent about diving into political matters.

That’s kind of weird, so I’ve got to explore this. Although I’ve never held public office, I’ve also never shied away from politics. That’s probably because I never made much of a distinction between the personal and the political per se—at least as defined by Google dictionary (see below*) If you accept those definitions, you could say I got political pretty young, when I began organizing on behalf of the environment. I guess ever since my family exposed me to nature and I attended those camps as a kid, I decided the environment was something important to me, and it seemed like a no-brainer that whatever we did as individuals or a society had an impact on our greater world. Although I was long drawn to leadership positions, I was always far from feeling uniquely empowered—to the contrary, I was convinced (and still am) that anyone and everyone could make a difference in their community with a minimum of effort, and with good reason—my friends and colleagues and I managed to do some pretty incredible things.

Artwork from National Museum of Independence in Dolores Hidalgo, Gto. MX

It was with this sense of confidence that I first approached the issue of adjusting my husband’s immigration status. But as we recount in Amor and Exile, almost everyone who becomes involved with an undocumented immigrant eventually runs into a wall of legal complexity that seems impossible to overcome. Everyone deals with their disempowerment in different ways, and the reasons for their decisions are as intricate as the laws and societal pressures that influence them. Some couples fight tooth and nail to achieve official status for the undocumented partner, and win (or lose). Some couples prefer self-preservation and live under the radar for a short time, or forever. Some stay together. Some are separated. The living situations can be voluntary or forced. Our situation is a combination of several of the above.

Despite circulating a few articles or petitions regarding immigration, I’ve actually spent relatively little energy specifically on immigration action. It might seem odd in light of my inclination to activism, but I think there are several reasons for it. One was circumstantial, and had to do with the fact that around the time I began dating my husband, I was starting to become aware of how exhausting community organizing can be—they call it burnout—and I was at a point in my life where I began to prioritize my energies. I chose to focus on education vs. political activism. I’ve also unfortunately developed some sense of powerlessness over the last 10 years when faced with our limited number of choices, and the extent of people’s knee-jerk reactions about immigration issues is painful to behold. However, I’ve spent a ton of time thinking about our situation and how it relates to the larger political panorama, and always wished I could do more.

Now that one of the decisions I’ve made with regard to Margo’s former undocumented status in the U.S. is to write about it, our story has come into the public light. According to the first definition below, that automatically makes contributing to this book a political act, although that’s not my original intention—I simply had a vision to tell a story. It’s exciting because, as scary as it is, it’s my hope that telling our story could have some positive impact on others in our situation. Despite this, I feel reticent to make any sort of general political statement about my feelings about immigration reform—especially in response to President Obama’s recently unveiled proposal, which Nathaniel recently posted about. That could change, though.

In chatting up my ambivalence with a trusted supporter, she raised the idea of “self-activism,” and that instead of faulting myself for being politically inactive, maybe that’s what I’ve been doing a lot of in these past 10 years. It’s something I’m continuing to explore. After all, leaving one’s home country, adapting to life in another and possibly obtaining binational status (I’m waiting on a Mexican citizenship application) are no small tasks, as I allude to in a 2008 blog post, back when I first saw the artwork above. In any case, the work of writing a book is absorbing enough that I’ll need to seriously prioritize my time until my chapters are done—and for once that feels like a good enough reason to limit my exposure to the fray, at least in the short-term.

*po·lit·i·cal, adjective
1. Of or relating to the government or the public affairs of a country
2. Of or relating to the ideas or strategies of a particular party or group in politics.
3. Interested in or active in politics
4. Motivated or caused by a person’s beliefs or actions concerning politics

per·son·al, adjective
4. Of or concerning one’s private life, relationships, and emotions rather than matters connected with one’s public or professional career