Federal Goverment Prefers Their Way Better Than Arpaio's

The federal government has finally decided it doesn't exactly like how Arpaio has been enforcing immigration, huh?  Admittedly I can't help but get a little kick out of the blow to Arpaio's ego (and career?) but at the same time, I really can't stand the idea that people would be celebrating the federal government for finally putting their foot down against maltreatment of migrants.  Why?

I broke it down almost three years ago in my blog post, Federal Government will not be Maricopa County's Savior, one of the main points being that the federal government is just as bad if not worse in handling the immigration issue.  I think of Arpaio as an extremist clown- he is a spectacle that pushes the limits of what the public will accept.  He makes nearly everyone else who is pro-immigration enforcement (aside from Pearce who was right there with him) look responsible and reasonable.  So the federal government militarizes the border, holds thousands of migrants in detention centers and/or deports them, still conducts huge raids (Obama's raids surpassed previous ones, i.e. here and here), etc,. but they get to decide, to the delight of many, that Arpaio just went to far because he's been using his federal authority to discriminate. 

"The Department of Homeland Security is troubled by the Department of Justice's findings of discriminatory policing practices within the Maricopa County Sheriff's Office," Napolitano said in a statement. "Discrimination undermines law enforcement and erodes the public trust. DHS will not be a party to such practices. Accordingly, and effective immediately, DHS is terminating MCSO's 287(g) jail model agreement and is restricting the Maricopa County Sheriff's Office access to the Secure Communities program." (Source).

Apparently the federal government knows how not to erode the public trust. For similar reasons I have a problem with people focusing on the "innocent" victims of racial profiling and such.  Sure, go after the real criminals, we won't question that concept, just as long as all the people caught up in the deportation/detention system are the ones you say you're going after- because blatant maliciousness and hypocrisy erode the public trust, the status quo doesn't.

Yes, I'd like to see Arpaio gone, just as I liked seeing Russell Pearce gone (it'd be better if he was goner) but the illusion of victory distracts from what's really happening.  As I've mentioned numerous times, the Phoenix PD continues to deport more people than MCSO, but they do it without all the media hubbub, and therefore without comment from Stephen Lemons and migrant rights groups.  Arpaio is the face that can be pasted to a piñata, but he's not the only one we should be hitting with the metaphorical (or not) stick.

Some of what I wrote in early 2009 is pretty out-dated, but the following concluding paragraphs are more timeless.

One problem with appealing to the government is that to do so would require not being a threat. But any real just solution to the “immigration problem”, inevitably involving the dismantling of NAFTA and other neoliberal projects, as well as a serious change in social/political structure, is and always will be a threat to the government.

Another problem is that the government has an interest in appearing to be able and willing to deliver justice. But overall it is not in its interest to truly liberate the people from injustice and in fact its existence is actually antithetical to such an action. It would like to have people ask instead of demand changes, however, and would like us to think of it as a benevolent force in such cases when it’s actually worth the time to make reforms that benefit the people. Therefore, if we ask and they give, they are the heroes. If we demand and they give, they are still the heroes although we still have some sense of having played a part.

Related, the government is not a just one. We cannot expect a government that has been built on racism and continues to practice it in various ways (much higher rates of incarceration of people of color than whites, lack of indigenous rights, wars, just to name some examples) to be a force against white supremacy. The operator of immigration detention centers (or the ones who outsource private detention facilities), the performer of raids, is not the one whose going to save us from the similar actions of the Sheriff. He is doing their work for them. He's just doing it in an extra "look how demeaning i can be to these people" way. If the federal government does anything about it, it will only be to legitimize and continue its own actions and those of other jurisdictions.

Secure Communities Starts in June

Somehow Secure Communities has been under the radar locally, even for me, and I've written about it a few times.  I just came across an event which is a picket against ICE in San Francisco.  The event info reads:

About S-Com: “Secure Communities”, beginning on June 1st, 2010, is a new police/ICE collaboration program that will automatically investigate the immigration status of anyone, citizen or non-citizen, who is arrested and fingerprinted for any crime, no matter the severity, by electronically crosschecking their fingerprints against an ICE database, then holding them in jail for ICE to detain them.

Considering this is very complimentary to SB1070, you'd think more people would be aware of it and talking about it.  Basically, SB1070 further criminalizes migrants in AZ, thereby creating more "criminal aliens" to which Secure Communities applies.  According to Border Lines blog:

Central to the mission of Secure Communities is the removal of criminal aliens. It is not commonly understood in the immigration debate that ICE’s definition of criminal aliens includes both legal and illegal immigrants who have on at least one occasion become object of the criminal justice system. Since 2005 ICE has been increasingly charging illegal border crossers with criminal violations that result in sentencing and imprisonment in federal prisons.

 Using the term "criminal" seeks to justify the targeting of the migrants caught up in S-Com.  This is part of the strategy.  For example, during ICE's Operation Return to Sender, they purported to target criminals- the violent criminals, but also those involved in identity theft.  But most of the arrests of people were absent of evidence of any crimes committed. 

SB 1070 and Homeland Security's Secure Communities

This is a post from last June when there was a similar bill to 1070 in the legislature and it didn't pass at the time. I bring up some points which I think are important regarding the wider strategy of the state. The federal government may attempt to justify their actions by distinguishing "criminal aliens" from others in order to ease migrants' allies' worries, but clearly any undocumented migrant in AZ could be considered a "criminal alien". We don't know yet how they will determine who gets this label.


Immigrants-as-Trespassers Law Closer to Passing
Seriously, this could be the most f-ed up thing that happens this year, as far as state legislation goes. A bill that Arizona Senator Russell Pearce wrote (SB1175) would make it so undocumented immigrants' existence in this state would be considered trespassing, and would also prevent any policy that restricts the police or other state agencies from enforcing federal immigration law. This bill just passed in the senate this week.

This means that undocumented immigrants' presence in the state would cause them to be breaking a state law. Although i think it's a stretch and might be unconstitutional, the idea is to override the federal immigration law, as far as enforcement goes. As long as police attempt to enforce federal law, they are on shaky ground, but they can much more easily enforce state law. This is what arpaio has been doing by enforcing the smuggling law, the employer sanctions law, and other such laws to go after undocumented immigrants). Although his actions are controversial and he does say that he is enforcing federal immigration law, his primary means of attacking the immigrant community is by enforcing (though many would say inappropriately) the state laws.

Pearce's bills aim to create more crimes out of the actions (or mere existence) of undocumented immigrants so they can more easily be arrested and removed. He wrote a bill (SB1337) that would make a class I misdemeanor out of not having a state-issued drivers' license (you have to be legal to get a legal one), which is in the legislature at the same time as various state police departments are discussing not recognizing the Matricula Consular, the ID issued by the Mexican government. Additionally, another bill (SB1177) would make it a crime to solicit for work.

The wider picture involves a new ICE program called "Secure Communities" which will target "criminal aliens" by linking up various law enforcement and immigration databases to be accessed when a person is in police custody. The new and existing laws and policies would give the police cause to arrest, detain, and check the databases on the suspect, and since undocumented immigrants would then have charges against them that they wouldn't otherwise have had, they will more likely be face the consequences of being labeled "criminal aliens".

Clearly "criminal alien" will mean nothing different from "illegal alien", or to us, "undocumented immigrant" because anyone without papers could be categorized as a "criminal alien". The criminal alien term will be used to make the general public feel that the right people are being deported. However, just as previous ICE raids have been purported to target dangerous criminals, they have in fact caught in their nets mostly people without criminal records. Now, creating more people with criminal records will justify various actions against the undocumented community.

If you like this post, you might also like Satire for Russell Pearce.

Immigrants-as-Trespassers Law Closer to Passing

Seriously, this could be the most f-ed up thing that happens this year, as far as state legislation goes. A bill that Arizona Senator Russell Pearce wrote (SB1175) would make it so undocumented immigrants' existence in this state would be considered trespassing, and would also prevent any policy that restricts the police or other state agencies from enforcing federal immigration law. This bill just passed in the senate this week.

This means that undocumented immigrants' presence in the state would cause them to be breaking a state law. Although i think it's a stretch and might be unconstitutional, the idea is to override the federal immigration law, as far as enforcement goes. As long as police attempt to enforce federal law, they are on shaky ground, but they can much more easily enforce state law. This is what arpaio has been doing by enforcing the smuggling law, the employer sanctions law, and other such laws to go after undocumented immigrants). Although his actions are controversial and he does say that he is enforcing federal immigration law, his primary means of attacking the immigrant community is by enforcing (though many would say inappropriately) the state laws.

Pearce's bills aim to create more crimes out of the actions (or mere existence) of undocumented immigrants so they can more easily be arrested and removed. He wrote a bill (SB1337) that would make a class I misdemeanor out of not having a state-issued drivers' license (you have to be legal to get a legal one), which is in the legislature at the same time as various state police departments are discussing not recognizing the Matricula Consular, the ID issued by the Mexican government. Additionally, another bill (SB1177) would make it a crime to solicit for work.

The wider picture involves a new ICE program called "Secure Communities" which will target "criminal aliens" by linking up various law enforcement and immigration databases to be accessed when a person is in police custody. The new and existing laws and policies would give the police cause to arrest, detain, and check the databases on the suspect, and since undocumented immigrants would then have charges against them that they wouldn't otherwise have had, they will more likely be face the consequences of being labeled "criminal aliens".

Clearly "criminal alien" will mean nothing different from "illegal alien", or to us, "undocumented immigrant" because anyone without papers could be categorized as a "criminal alien". The criminal alien term will be used to make the general public feel that the right people are being deported. However, just as previous ICE raids have been purported to target dangerous criminals, they have in fact caught in their nets mostly people without criminal records. Now, creating more people with criminal records will justify various actions against the undocumented community.


*This article contains some text from a previous posted blog post. Apologies to anyone who were thinking, "haven't i already read this?".

Secure Communities Plus New Laws Mean More Problems for AZ

Just in time for ICE's newest program, "Secure Communities" to be headed Arizona's way, the police in Arizona are talking about how they might not recognize the Matricula Consular, the ID that Mexicans use in place of a driver's license, whether they are legal or not. The article, Police in Ariz. may stop accepting Mexican ID card, discusses how people who show this identification are likely to be, as one presumes, charged with a crime, and brought to jail.

The new program called "Secure Communities" that ICE is implementing will come with a new set of problems. Basically, the program will target "criminal aliens" by linking up various law enforcement and immigration databases to be accessed when a person is in police custody. The new and existing laws and policies would give the police cause to arrest, detain, and check the databases on the suspect, and since undocumented immigrants would then have charges against them that they wouldn't otherwise have had, they will more likely be face the consequences of being labeled "criminal aliens".

With a focus on "criminal aliens," any sort of crime might cause one to be held in a detention center and perhaps deported. This problem is described in The Criminal Alien Problem of Secure Communities:

Secure Communities follows ICE’s broad definition of criminal alien to include any noncitizen convicted of an offense. Falling within Secure Communities’ priorities are “individuals who have been convicted of other offenses,” so broad to presumably include all misdemeanor violations or immigration violations. While this broad sweep approach to securing communities will certainly capture immigrants who do represent a threat to public safety, it extends the immigrant crackdown deeper far deeper into the immigrant community, legal and illegal, and will likely result in widespread personal, family, and community insecurity.

AZ Senator Russell Pearce has submitted a revision to the statute on drivers' licenses (SB1337) that would make it a class I misdemeanor to not have a license, which would allow the police to arrest the suspect. He's doing this obviously to further criminalize undocumented immigrants and to make it so the police can arrest them simply for not having a license. It would be interesting to find out if Pearce has had any influence on the recent discussion by the police on the Matricula Consular question.

There are various laws that are created and/or mis-interpreted to further criminalize undocumented immigrants. For instance, Pearce is also trying to push a bill that would make undocumented immigrants law-breakers just by being in Arizona- they're calling it trespassing. There have also been laws passed or attempted that make job soliciting a crime. In addition, the MCSO has continued to arrest undocumented immigrants and charged them with conspiracy to smuggle themselves across the border.

Wouldn't this Secure Communities be perfect for Arpaio to abuse even if 287(g) is taken away from him? After all, during MCSO's sweeps, they are specifically stopping people for traffic stops (real or imagined, including "improper use of horn"). It is clear that no matter what their tools, they have a clear goal of going after undocumented immigrants, as exemplified in these two quotes:

"The hotline is part of an expanded immigration enforcement plan Arpaio unveiled. In another part, about 160 sheriff's deputies, cross-trained to enforce immigration law, will saturate Valley cities and roadways to find and arrest those who are here illegally, the sheriff said. The deputies now have broad powers not only to question people about their immigration status during traffic stops, but also if they commit even a minor infraction, such as littering." (Source).


"Although the details are still being worked out, Arpaio did not rule out the possibility that deputies could use their expanded authority to question people about their immigration status during traffic stops and infractions as minor as 'spitting on the sidewalk.'

'Any time we come across an enforcement action and we find there are illegals present, then we will put our federal authority hat on and we will arrest them,' Arpaio said. 'I will do anything I can to fight this illegal-immigration problem, and this is one more step." (Source).

Clearly "criminal alien" will mean nothing different from "illegal alien", or to us, "undocumented immigrant" because anyone without papers could be categorized as a "criminal alien". The criminal alien term will be used to make the general public feel that the right people are being deported. However, just as previous ICE raids have been purported to target dangerous criminals, they have in fact caught in their nets mostly people without criminal records. Now, creating more people with criminal records will justify various actions against the undocumented community.

More on Secure Communities

The two articles excerpted below were just published in the last day or two. I think this is a very important topic regarding immigration right now. The "Detention Retention" article relates the Secure Communities program to the 287(g) program and how it functions here in Maricopa County. I've said in the past that i believe that the federal government is likely to implement this program as a nicer alternative to 287(g) and to appear to save us from Arpaio's antics. It'll be interesting to see how it plays out. The Secure Communities program, as described in the articles, will not be much better. I recommend reading other articles on the borderlines blog regarding "criminal aliens" and how the shift to focusing on the immigrants with criminal records will have an effect. I am interested in following this issue as well.


Detention Retention
President Obama has tried to split the difference between comprehensive immigration-reform advocates and law-and-order types. But for immigrants in detention, not much has changed since the Bush era.
Renee Feltz and Stokely Baksh | June 2, 2009

Maria del Carmen Garcia-Martinez recently emerged from an Immigration and Customs Enforcement (ICE) holding cell in Maricopa County, Arizona, with her arm broken and her hand covered in blue ink. She had been booked for forgery at a Phoenix jail, where six officers twisted her arm after she resisted putting her fingerprint on what she thought was a form that would deport her to Mexico.

Garcia-Martinez spoke only Spanish, the form was in English, and she believed that after 19 years in the United States, she had a good case for staying in the country, despite her lack of documentation. Her forgery charge stemmed from a California driver's license she showed to an officer who asked for identification while telling her not to post yard-sale signs on city property. But the license wasn't a forgery; it was just expired. The charges were dropped.

Garcia-Martinez's treatment while in custody was unusually harsh, but her experience of being harassed and detained on a flimsy pretext has been common under ICE's 287(g) program. In 2006, the Bush administration began to encourage local law enforcement to help federal immigration authorities apprehend "criminal aliens." The Obama administration has responded to criticism of the program by touting Secure Communities, a new initiative that supporters say will be more focused in its pursuit of undocumented immigrants with felony records. However, there is growing concern among immigrants' rights activists that this new program has begun to veer off course as well.

More...

Wednesday, June 3, 2009
The Three Pillars of Securing Communities

As part of its new campaign to increase congressional funding for Secure Communities and to extend the program nationally, ICE has overhauled the program’s webpages and tweaked its description of the project.

ICE says that Secure Communities has “three pillars.” The first pillar is to “identify criminal aliens through modernized information sharing.” A second program pillar aims to “prioritize enforcement actions to ensure apprehension and removal of dangerous criminal aliens.” The third pillar is to “transform criminal alien enforcement processes and systems to achieve lasting results.”

One of the most persuasive arguments against comprehensive immigration reform is that reform is not viable without guarantees that the border is secure and immigration laws are being enforced. Even supporters of comprehensive immigration reform (CIR) have adopted the logic of this argument and as part of their strategy to advance CIR have backed tougher border control and immigration enforcement programs. Rep. David Price (D-NC), the leading congressional proponent of Secure Communities, is one of those who have advanced this nuanced argument as a way of advancing CIR.

More...

If Phx and Mesa PD are arresting more immigrants, why is focus on Arpaio?

It's one thing after another hitting arpaio these days (such as this lawsuit). But today i came upon another example of why focusing on Arpaio is not the best strategy for immigrants' rights. This came in a guest column in the East Valley Tribune, by the title, The numbers don’t match Arpaio’s hype. The retired police officer who wrote the article blasts arpaio, but not exactly for the reasons you'd imagine. This is an excerpt:

Then the hearing turned into the usual good-old-boy, back-slapping, fanny-kissing festival with an endless stream of platitudes of how Arpaio is leading the charge against illegal immigration and crime...

Arpaio gratuitously thanked Pearce and the Legislature for the $1.6 million he was just given for his immigration sweeps. Arpaio has been given millions by the state for immigration operations, all while the state crime lab is cash strapped and performing poorly...

Even with our millions of dollars and 160 federally certified 287(g) immigration enforcement deputies, Arpaio doesn’t lead the county in immigration arrests. Phoenix police Chief Jack Harris does. Phoenix police arrested more than 7,300 illegal immigrants during 2008. Second place belongs to Mesa police Chief George Gascón, whose officers arrested more than 1,200 illegal immigrants and investigated 60 drop houses last year. Phoenix and Mesa made more than 8,500 immigration arrests during routine policing operations by following well-formulated city policies, state and federal laws, and without legislative meddling.

And Arpaio? According to the sheriff’s office, since April 2006, deputies have arrested a little more than 3,000 illegal immigrants...

So are we to applaud the Phoenix PD and the Mesa PD instead for their high numbers of arrests of immigrants? Not much of a surprise coming from a retired cop. Most Arpaio opposition actually applauds the PPD and MPD for not arresting a bunch of immigrants, so why the disparity?

I would say that the myth of the infallibility of law and order is not questioned, for the most part, for to do so would make you vulnerable to attacks by the other side, accusing you of wanting chaos, or whatever else they associate with opposing arrests of so-called criminals. Too many immigrants' advocates are not willing to be outspoken about the racist nature of "criminal justice" and law enforcement, the border, and immigration law in general. The result, therefore, is that law enforcement that can appear reasonable alongside arpaio's media circuses are not to be questioned, but instead even applauded, even if their actual effect is worse than how arpaio's efforts appear.

Sure, arpaio is feeding off of, but more importantly, feeding the anti-immigrant hysteria, which the other police departments do not seem to seek to do. His actions are highly politically-motivated and self-interested, rather than being the run of the mill everyday activities of police officials. But since we think it is wrong for him to go out and arrest undocumented immigrants, why is it okay that other police departments are doing the same thing (only "better")?

I am all to aware that a lot of immigrants rights advocates are not, in fact willing to outright oppose these arrests (i've commented on it a number of times). Instead it is made about the racial profiling: the sweeps might catch legal immigrants or citizens in its net (see this blog post). Or it is made about not going after "real criminals", nor serving warrants, despite the fact that most of us would acknowledge that the "criminal justice" system is inherently racist. The federal government is called on to save us from arpaio. I believe that if they do anything, it will only fit within its plans to focus on "criminal aliens" and streamlining its law enforcement abilities by introducing a program called "secure communities" (see this blog post and this older one).

The mindset that doesn't question these issues will only allow injustices to continue. Since most undocumented immigrants are too vulnerable to speak out, those of us who fight on their behalf must concern ourselves most with what's best for them. A friend of mine has said something to the effect of "they've spoken with their feet," in that they have made it clear what they think of the border and immigration laws. Those things are illegitimate and unjust, and should be treated as such.

I am concerned that when federal immigration reform comes up again, the compromise between liberal and conservative opinions will go unquestioned. Likely to benefit business but not people, and to appease a few, immigration reform will not involve solutions to the problems that bring people here in the first place, nor will it address the problems they face here.

There need to be strong voices that oppose anything less than true freedom- because how else are we going to get it?

See also: No Borders or Prison Walls: Beyond Immigrants' Rights to Ending Criminalization of All People of Color,
Release them all! Stop jailing migrants!,
Cop vs. Cop: Sheriff and Mesa Chief spar over sweeps
and The Immigrants Rights/Police Brutality Disconnect

Important Items

This article makes me suspect that the federal investigation into 287(g) in maricopa county might just happen to result in an end to that program and an implementation of a new "improved" law enforcement strategy...

Fast-Tracking Secure Communities

"Secure Communities" is coming your way.

Immigration and Customs Enforcement (ICE) says that it plans to have the new “criminal alien” program working in most communities in the next four years.

Unlike the controversial 287(g) Program, which cross-designates local police as immigration agents, Secure Communities is fostering “inter-operability” between ICE and all federal, state, and local law enforcement agencies. The program works by making checks by law enforcement offices of criminal (FBI) and immigration (ICE) databases automatic. (more...)

Also check out this report on the changes in the approach to immigration, as well as how it's not likely to be any better...
Immigrant Crackdown Joins Failed Wars on Crime and Drugs