“Citizens sue after detentions, immigration raids”

EG posted the link to this article, I read it, and thought it would be a great topic of discussion. Here are some excerpts, but I really urge everyone to read the entire article.

Whether their brief detention was a mere inconvenience or a flagrant violation of their constitutional rights is the subject of a growing debate that seems likely to be resolved in federal court. Immigration officials, charged with enforcing the law against the estimated 12 million undocumented foreigners in the USA, are mounting more raids at slaughterhouses, restaurants and factories.

Increasingly, U.S. citizens and legal residents who work alongside illegal immigrants are being detained and interrogated, too. And some, such as Dhopade, are filing claims or lawsuits against the government.

Dhopade says he was a victim of racial profiling by ICE. An ICE agent questioned him about his immigration status and his ability to speak English “because of my skin color,” he says. “None of the white folks in the office … that I know of were asked for proof of citizenship. To be asked for proof of citizenship, in this country, it’s an insult. This is the United States of America. This country does not require that.”

“You cannot in this country engage in group detentions of large numbers of people because you think a smaller number within the larger group has done something wrong,” Schey says. At the Van Nuys plant, ICE “created a powerful atmosphere of fear and intimidation. People felt like they had been taken hostage.”

Barbara Coe, chairwoman of the California Coalition for Immigration Reform, says raids “are providing the incentive for at least some of these illegal aliens to get out of here before they are deported. I don’t think there are enough raids. There should be more.” She says she’s sorry legal residents are sometimes questioned during raids but believes ICE needs time to determine who is here legally.

So does Mark Krikorian of the Center for Immigration Studies in Washington. “It’s not the end of the world,” he says of citizens who are detained. “These people were briefly inconvenienced. Too bad.”

Denise Shippy, nine months pregnant the day of the MSE raid, says it was more than an inconvenience.

She had planned to take off that afternoon for parent-teacher conferences and a doctor’s appointment. But Shippy, 30, needed to train a receptionist to fill in for her while she was on maternity leave, so she took her two children to the office with her. The raid occurred as she settled Cassidy, 7, and Ricky, 9, into the mailroom for lunch.

As she left the mailroom, Shippy found the lobby filled with ICE agents, and she, the children and co-workers were herded in there. When Shippy tried to respond to an e-mail, she says, one ICE agent said, “Stop typing.”

“My rights were violated,” Shippy says. “I am a citizen of this United States. I was born here. I’m not who they’re looking for. I wasn’t allowed to leave. … I couldn’t go anywhere and couldn’t do anything. Neither could my children.”

Although she was upset, she tried to calm her kids, she says. She needed to use the restroom, but held off because she didn’t want an agent to accompany her.

“I didn’t want to scare the heck out of my kids,” she says. “I was trying to be cool and calm for my children. My heart was racing.”

As long as ICE has a warrant to enter a workplace, Myers says, agents can conduct what she calls a “survey” to determine the legal status of “anyone within the premises.”

She cites a 1984 Supreme Court ruling that said factory surveys during immigration raids don’t amount to an unconstitutional detention or seizure of those being questioned, even U.S. citizens.

In its ruling, however, the Supreme Court emphasized that the employees in the factory were not prevented from moving around, continuing to work or leaving. The current raids are different from those the Supreme Court approved, Schey says.

ICE can question workers as long as the interaction is voluntary, “but what they’re doing (now) is not that,” he says, because workers think they have no choice except to answer questions — which may incriminate those here illegally.

ICE’s raids foster discrimination, says Domingo Garcia, attorney for the League of United Latin American Citizens. “There’s a lot of racial profiling. … If you look like a Hispanic, you’re detained or arrested.”

He says he plans to file a class-action, civil rights lawsuit on behalf of legal workers detained in raids, including Jesus Garcia, 27, a green-card holder from Mount Pleasant, Texas. Domingo Garcia says he will ask the court to prohibit ICE from conducting raids until it changes its policies to prevent racial profiling.

ICE agents went to Jesus Garcia’s home on April 16 in conjunction with a raid on a nearby Pilgrim’s Pride poultry processing plant, where he worked marinating chicken meat. Garcia, from Mexico, has been a legal permanent resident for a year and a half. When about 10 ICE agents and local sheriff’s deputies knocked on his door, they told him he was using the wrong Social Security number, says his wife, Olivia Garcia, a U.S. citizen.

Though Garcia showed the agents his green card, they handcuffed him and jailed him. He was released a day and a half later after agents told him he wasn’t the person they wanted, he says. He had spent the night in jail. “He said it was pretty bad,” Olivia says. “People were crying and screaming.”

Jesus Garcia, who has since left Pilgrim’s Pride for another job, says the mishap cost him three days of work. “I worked hard to get my residency,” he says. “And to take me to jail just over a mistake?”

http://www.usatoday.com/news/nation/2008-06-24-Immigration-raids_N.htm?csp=34

“Death by Detention”

When I watch this story, I am compelled to reach a consensus regarding a reasonable humane immigration solution.  Is this the immigrant we want to focus our time and attention on?  Don’t you think our collective immigration energy and MONEY should be focused on real criminals, like murderers, gang bangers, and felony criminals?  If this was your sister, what would you do? 

OnefortheRoad’s duplicitous nature

Dear Posters,

We could tell, from behind the scenes, that onefortheroad was not who “he” said he was.  Our mistake was wanting the “democratic” blog process to run its course and hope, with enough people here ignoring him, he would simply go away.  However, it is clear, that there was a set up, so that Greg could use the comments posted by onefortheroad to demonstrate that we are a “hate” group over on Anti.    What I have done is posted every comment, beginning with Moon-howler, calling out onefortheroads behavior.  Unlike Greg’s blog, where hateful comments mostly go unchallenged, several posters attempted to encourage onefortheroad to go away, or suggest instead we ignore him in hopes HE would go away.  This has been a learning experience for the blog, and we will make sure, in the future, that we are more aware of the duplicitous nature of the cyberworld and react accordingly to deal with hateful/aggressive  comments when they are directed at a person or a specific group.  Onefortheroad was clearly not here to discuss anything, his posts were simply to give an opportunity for Greg to “capture” the comment and use if for his own purpose. For those of us who can see behind the scene in the cyber IP world, it was clear that onefortheroad was questionable. We want to let free speech reign here, but we also want to allow people an opportunity to debate with people who are actually interested in having a “conversation”, not just playing a game that wastes people’s time.

Below are all the comments to onefortheroad, calling him out on his unacceptable comments. I’ll begin with Moon-howler as they told him he was now in moderation due to his comments:

Moon-howler, 24. June 2008, 16:21
OneForTheRoad has been placed in time out until the Blog-Mom is home and can review his posts. I did this with her approval because people felt that threats were being made.

New rule until Mom gets home: Do not threaten anyone. If you don’t like my decision, tattle to her later today.

Meanwhile, perhaps other bloggers might not want to respond to OFTR. Granted he not only enjoys talking with himself, but also arguing with himself, but let’s not give him the time of day.

Mando, 23. June 2008, 15:06
@Alanna and everyone else

OneForTheRoad/Taco Truck Ted is what is know as a forum troll.

Just Cause, 23. June 2008, 15:10
Mando- http://en.wikipedia.org/wiki/Internet_troll

Like all “pests” if you ignore them long enough, they will go away..trust me, this one too shall pass….

Elena, 23. June 2008, 23:48 Edit This
OnefortheRoad,
It is clear you are not “credible”. Your posts are schizophrenic in nature and you are clearly choosing to single out LPOW for harrassment, he is neither an HSM , KKK or neo-nazi member. Most likely people will choose to disregard your comments, which I believe is the best recourse.

IllegalisILLEGAL, 24. June 2008, 8:49
OneForTheRoad- Do you feel like a “man” now? Threatening people? What’s up with you?

rod2155, 24. June 2008, 9:07
“OneForTheRoad- Do you feel like a “man” now? Threatening people? What’s up with you?”

He’s Trolling, he’s just looking to pick a fight and get attention. He plays to both blogs and switches sides randomly, just ignor him, he gets off on getting people mad.

Elena, 24. June 2008, 10:19
Just in case it isn’t clear to people, please ignore oneforthroad. I think it was Mando that had the intial suggestion, and we should follow that lead.

IllegalisILLEGAL, 24. June 2008, 14:23
OneForTheRoad- You have not answered my questions yet. Why are you threatening people? And, what’s up with you?

F.A.I.R and its legal strong arm, I.R.L.I , file lawsuit in N.J.

As I read this story, I wondered, why haven’t they mentioned that F.A.I.R is considered a hate group. Is Plainfield the next “rat” experiment for F.A.I.R, having accomplished what it wanted to do in PWC ? Will I.R.L.I just continue trying until they see what they can get to “stick” legally and rid of us this unwanted menace from our southern border? With Mike Hethmon, playing his favorite role as the “mad scientist”, I cringe when I envision what unsuspecting county is next on F.A.I.R ‘s hit list.

 

PLAINFIELD, N.J. (AP) – A federal lawsuit using a novel method to challenge a landlord’s right to rent to illegal immigrants is stoking tensions that have been rising for years in this diverse city of 50,000 south of Newark.

A prominent group that opposes illegal immigration sued a Plainfield property management company this month, seeking to set a legal precedent by using anti-racketeering legislation to crack down on landlords who rent to illegal immigrants.

The suit was brought by the Immigration Reform Law Institute _ the legal arm of the Federation for American Immigration Reform _ against Connolly Properties on behalf of a former Connolly employee and two tenants who are U.S. citizens.

The tenants allege they were steered into buildings occupied by illegal immigrants who were too afraid about their legal status to complain about decrepit conditions, according to Mike Hethmon, a lawyer for the group that filed the suit.

Flor Gonzalez, head of the Plainfield-based Latin American Coalition, worries that her city may become the latest battleground in the nationwide debate over immigration. The suit comes as tensions over the city’s large immigrant population are rising to a boil, she said, with police ticketing day laborers, a recent spate of beatings and robberies against immigrants, and raids by federal immigration officials.

“This is the worst it’s been. There is a lot of unfriendliness and disrespect against immigrants, and a lot has been happening quietly,” Gonzalez said. “We need big help in this town.”

The Racketeer Influenced and Corrupt Organizations Act _ or RICO _ prosecutes organized crime and immigration-related offenses, including human trafficking and harboring and smuggling illegal immigrants into the U.S.

Hethmon said his group decided to take on the case as part of its strategy of “attrition through enforcement,” or urging illegal immigrants to leave the country by making it more difficult for them to find employment and housing in the U.S.

 

http://www.wtopnews.com/?nid=104&sid=1426375

Open Thread!

Since many of us will be at the party tonight, someone suggested an open thread for follow up comments. I am not sure how many will be able to continue posting on the “party” thread once we reach 300 posts, so feel free to use this thread to continue the conversation, or start a new one!

Is this an American Value, local governments creating homelessness?

Is this really the road we want to travel as a nation, forcing men, women, and children, to live in the streets of America? Aren’t all children, living in the United States, no matter what their immigration status, worthy of shelter, warmth, and safety? What do we do with blended families, do we “check” all the “papers” of the occupants renting apartment or buying homes? Isn’t there a much deeper moral question we should be asking ourselves here?

Last month, a federal court struck down an ordinance in Farmers Branch, Texas, that sought to ban landlords from renting to illegal immigrants. This Dallas suburb of 27,500 people is now waiting to hear from the court on a second ordinance – one that requires tenants to get a residency permit from City Hall in order to rent apartments.

Under the new ordinance, prospective buyers or renters would have to prove their citizenship or residency status in order to obtain the license. Supporters say if the new ordinance is deemed constitutional, it would spread to other area communities contemplating measures to control illegal immigration.

http://blog.newsinitiative.org/2008/06/17/federal-problems-local-solutions/

Is this the NEW story of a 21st century America?

A small town in Florida, devastated by hurricanes, rebuilt by an influx of illegal immigrants, now has a 3% Latino population. Unemployment is low. Crime rates are low. But a local Sheriff takes it upon himself to “crackdown” on illegal immigration. He admits he has no legal authority to enforce Federal law, but he personally leads immigration raids on local businesses, hoping to find undocumented workers who have violated state law. The Sheriff’s raids use race as the determining factor when making arrests. Businesses known to employ Latinos are targeted. When the Sheriff finds a business with no Latino workers, he calls off the raid and arrests no one. A popular restaurant, after being raided by the Sheriff in February, is still unable to find enough employees to stay in business. But the old-timers of the town are happy, because as one man states, “there are definitely less Spanish speakers.”

Is this good for America?

New York TimesYouTube video

The IRS provides Tax Identification Numbers to undocumented workers

The IRS created a nine-digit Individual Tax Identification Number in 1996 for foreigners who don’t have Social Security numbers but need to file taxes in the U.S. But it is increasingly used by undocumented workers to file taxes, apply for credit, get bank accounts or even buy a home.

The IRS issued 1.5 million ITINs in 2006 – a 30 percent increase from the previous year. To obtain one, a person needs to submit to the IRS an application and a document that serves as proof of identity, such as a visa or driver’s license. All told, the tax liability of ITIN filers between 1996 and 2003 was $50 billion. The agency has no way to track how many were immigrants, but it’s widely believed most people using ITINS are in the United States illegally.

To Ben Johnson, director of the Immigration Policy Center at the nonpartisan American Immigration Law Foundation, the widespread use of tax ID numbers is another sign that the immigration system is broken.

“The U.S. economy hangs a huge ‘help wanted’ sign at the border, and they come to work, not to hide,” he said. “A lot of people struggle with the idea they’re here without permission, and want to find a way to operate legitimately, like a normal hardworking person.”

Judging by the crowded waiting room at Esteban Ramirez’s modest tax preparation office in Richmond, where a television blared Spanish-language soap operas, it’s clear undocumented immigrants are growing increasingly comfortable around a Form 1040.

Some are interested in getting refunds, like the approximately 80 percent of tax filers who get them each year. Although ITIN users don’t qualify for the Earned Income Tax Credit, which could give a break to an American earning in the same bracket, they can get other tax credits, and can use ITINs to claim dependents in Mexico.

At the end of his session with Ramirez, 18-year-old Diaz found he would have to pay, as he’d expected.

The $800 payment is steep, he said. But if it helps him to build a lawful life in the United States – a life he hopes will include his own janitorial business, and in the future, college – it’s worth it.

“It’s better to stay on the right side of the law,” he said.

http://www.theworldlink.com/articles/2007/04/16/news/news06041607.txt

Illegal is Illegal……. An Invalid Statement

Ughh, more “homework” everyone 🙂 Just kidding. This is a very interesting comprehensive study done in California regarding immigration and the fluidity of illegal vs legal status as one component of the research. It is a LONG report, so I included, what I thought, was pretty a well rounded summary. I plan on reading the report in full tonight and sharing my thoughts afterwards.

Study: Most legal immigrants were ‘Illegal’ at one time
by: DreamActivist
Fri Jun 06, 2008 at 05:03:55 AM EDT

It appears that most things don’t happen in a STRAIGHT line (neither do brain waves and heart beats FYI).

After my constant repetition of “undocumented or illegal is not a permanent immutable characteristic” this past week, the Public Policy Institute of California has just confirmed the accuracy of the statement.

In a new study based on a survery of 8000 people, the PPIC http://www.ppic.org/main/publication.asp?i=768 found that 52% of Californians had past experience of living in the country illegally at one time or another. It absolutely smashes the ill-promoted dichotomy of legal/illegal, proving that binary modes of thinking about immigration policy are superficial, baseless and untrue.

“It highlights how overly simplified our understanding of immigrants and immigration can be,” said Hill, who said a stark distinction between “illegal” and “legal” immigrants does not acknowledge the frequent correlation between both categories. “We need to be a little more cognizant of the variety and breadth of experience.”

The ALIPACers are seething. They cannot believe that the lines between legal and illegal can be blurred. After all, we are talking about black and white, engraved-in-stone distinctions, right? You can see the obvious physical, emotional, spritual, intellectual and personality differences between a legal and illegal migrant, right? Some have even gone as far as to say that “if they are going to break simple immigration laws, they will break other laws.” Yes, because if you run a traffic light or drive above the speed limit, it immediately makes you more likely to commit felonies, right? Believe it or not, there is such a thing as “ex-illegals.”

DreamActivist :: Study: Most legal immigrants were ‘Illegal’ at one time
Re-read Plyler v. Doe – The Supreme Court had it right in 1982: The “illegals” of today can become the legal residents of tomorrow. If 26 year old legal opinion can get it right, why can’t the fear-mongering, immigrant-loathing bashers? And based on this study as empirical evidence, immigrant-loathing is an accurate assessment of ALIPAC since it does demonstrate that undocumented migrants work to become legal residents and citizens. Still, the “blood is boiling” over at ALIPAC.

No human being can be Illegal. It is not a noun, not a permanent category or classification that reflects the true character of a migrant body. Fluid and subject to change, unauthorized stay can translate into authorized permanent stay in the form of citizenship.

Watch Immigration Special, Channel 7, Sunday Evening, June 8th!

Someone interested in immigration issues sent this notice out.  It looks like it should be very interesting.  How about a “homework” assignment 🙂    We all watch and share our thoughts afterwards!  No one will be graded on their remarks, promise!

 

PROJECT IMMIGRATION: MELTING POT MELTDOWN
An In-Depth Look at All Sides of the Immigration Debate

On Sunday, June 8th at 7:00 PM, ABC 7/WJLA-TV News Anchor Leon Harris and Special Projects Reporter Andrea McCarren will host a one-hour special on immigration and its profound impact on the Washington area. The show provides a rare look at the personal stories of illegal immigrants and those who oppose them. “This special reflects WJLA’s ongoing commitment to covering the contentious topic of Immigration,” said Bill Lord, WJLA-TV’s VP of News. “It has become one of the most difficult and divisive issues facing our local governments today.”

Harris, McCarren and Photographer Dave Webb recently traveled to Central America to show viewers where the pursuit of the American dream often begins. The team also documents the pipeline of money earned in the U.S. and sent to countries like El Salvador. Additionally, the ABC 7 news team reports on how immigration affects our schools, healthcare facilities and law enforcement. Beth Mausteller is the Executive Producer of the special. Michael Wright is the editor.

“The United States is being invaded,” the executive director of the Maryland Minutemen tells ABC 7. “And if we don’t do something about it, we’re going to lose our country.” In contrast, a day laborer who came to this country illegally told our crew, “We come to the United States looking for a dignified job… and I think that is not a crime.”

The “Tuskegee Experiment” an African American Tragedy

I am not sure how many people know about the atrocity of the Tuskegee Experiments.  I wonder, if this had been perpetrated on “your” ethnic or racial group, how long would it take you to trust the American Government again?  Can you imagaine, purposely, withholding life saving medicine from your fellow human being, believing there would be no consequences because the men, women and children were black?!  I wonder how many lives were touched, either directly, or indirectly, from this horrible experiment, and still, suffer to this day.  

July 25, 2002 –Thirty years ago today, the Washington Evening Star newspaper ran this headline on its front page: “Syphilis Patients Died Untreated.” With those words, one of America’s most notorious medical studies, the Tuskegee Syphilis Study, became public.

“For 40 years, the U.S. Public Health Service has conducted a study in which human guinea pigs, not given proper treatment, have died of syphilis and its side effects,” Associated Press reporter Jean Heller wrote on July 25, 1972. “The study was conducted to determine from autopsies what the disease does to the human body.”

http://www.npr.org/programs/morning/features/2002/jul/tuskegee/