Posts Tagged ‘DHS’

Stop the Deportation of Herta Llusho!

// August 12th, 2009 // No Comments » // Immigration

Herta Llusho, a 19 year old college freshman and a National Honors Society high school graduate, will be deported on August 19th, unless Dept. of Homeland Security Secretary Napolitano intervenes.

Please do the following to help us stop her deportation:

1. Join the facebook group for immediate updates: http://www.facebook.com/group.php?gid=111108019510

2. Sign petition which will be hand-delivered to targets: http://www.change.org/actions/view/stop_deportation_of_dream_student_herta_llusho

3. Use SEIU Click to Call Action Tool to call DHS: http://call.seiu.org/9/hertadhs

4. Call her senators, you can find numbers on facebook page.

Call Senator Carl Levin at (202) 224-6221.  Urge him to a) introduce private bill for Herta, and b) write letter to DHS asking them to stop Herta’s deportation.

Call Senator Stabenow at (202) 224-4822.  Urge her to a) introduce private bill for Herta, and b) write letter to DHS asking them to stop Herta’s deportation.

Call Congresswoman Carolyn Cheeks Kilpatrick at (202) 225-2261. Urge her to a) introduce private bill for Herta, and b) write letter to DHS asking them to stop Herta’s deportation.

See http://dreamactivist.org/save-herta for more up to date news and actions.
Remember to forward these actions to your friends!!

Thanks.

Stop the Deportation of Convicted Felons!

// July 13th, 2009 // 5 Comments » // Immigration

The immigration rights movement, forced into a defensive posture, is down on its knees begging for crumbs. Pleading to keep only the “good” immigrants in the country, those who will labor with their heads down, without asking for rights. DREAMers are in the business of selling an image as a class of exceptional, pristine high achievers. The language of the DREAM Act demands that those who would benefit from its passage be of “good moral character.”

-Julianne Hing writing for RaceWire.

Here it goes. One of our good allies is pointing out the fallacy of the good immigrant/bad immigrant logic in the DREAM Act.

I won’t agree that it is inherent–just because an act rewards good behavior and hard-work, does not mean it necessary negates anything to the contrary. There is nothing wrong with wanting skilled and educated professionals in this country and making a special category for those students brought here without their consent. So I won’t be apologetic about it and neither should any other student who has overcome the odds and not succumbed to becoming a stereotype.

Truth be told, I feel like we are between victims of trafficking and paperless refugees in this country. If there can be U-visas and T-visas, why not a category for teenagers and young adults brought here without their consent, who now find themselves assimilated with nowhere to go? Why use that against us?

As people of color, it’s a double bind. If we don’t succeed, we are deemed as immigrants who are a burden on the social system. If we do succeed, we are ‘too white and assimilated.’

History lesson. Civil rights for African Americans was not won as a ‘comprehensive package.’  Actually, we are still fighting the war, winning or losing one battle at a time.  It’s a perpetual war–the DREAM Act is just one step in the right direction, one victory that we need to sustain momentum for more victories.

But I can’t blame Julianne Hing entirely for her discourse though I do wonder what sort of organizing Racewire is doing to promote citizenship for all immigrants. Unfortunately, this is the kind of commentary we get when we let DC orgs control the messaging for our movement. Why thank the terrorists at DHS for sparing ‘honors students?’ Actually, why even say ‘honors student ______’ is beyond me. Does a non-honors student matter less?  Sure, it is offensive to be portrayed as a serf who says ‘yes sire’ to the U.S. government upon getting legalized but I cannot really take issue with Julianne Hing for pointing out how some of our more privileged allies like to talk about us.

Still, clarifications are in order. We DO NOT plead to just keep the ‘good immigrants’ in this country– we never make that distinction. Pardon us, if we don’t have convicted felons coming to us, but to this day, I don’t think we have refused a campaign simply because someone was a C-student. This is about our basic civil rights as people who were brought to this country without consent, without will, without a choice and told to ‘adjust.’ At 18 we realize we are undocumented, we realize there is no line for us. At 21, some of us realize that we ‘age out.’ Then, kids are filing lawsuits to keep their parents here and parents (mine included) are filing lawsuits to keep their children here. It’s a whole lot more complicated than the binary of good immigrant/bad immigrant.

The ‘good moral character’ clause has less to do with the DREAM Act and more to do with the requirements of citizenship as per the retrogressive 1996 law that targets even permanent residents with age-old misdemeanors. Remember perfectly legal till they applied for citizenship? Why is it suddenly the responsibility of underfunded, underprivileged and overworked (without pay) undocumented students to make an all-encompassing argument for immigration reform? Ask the people with lots of money in PR to lead the way.

Last, please don’t put me in the same category as a convicted felon. I am sure that the deportees in Jamaica have their own pain and suffering, but we don’t need to go there to see the devastation of not enacting immigration reform. I see it daily in my own family and community. I see gay students thinking about getting a marriage of convenience to stay in their home; I see some wishing to be victims of abuse so they can get U-visas … I am sure plenty of us do blunts, have DUIs, steal (especially copyright infringement), and I am usually so much more emphatic to racial dimensions. But I will no longer apologize for standing out.

I(we) was cheated by the system. I(we) beat the odds.  I(we) survived without killing anyone. I(we) have been working tirelessly without funding, without support to lead this movement. We stand out. We deserve this.

That doesn’t mean anyone deserves it less. But we aren’t talking about a perfect world without arbitrary borders. We are talking about making actual policies.

I hope Julianne Hing and Racewire do put their energy and efforts where their writing is and take the lead on getting immigration overhaul for all. That would be the non-hypocritical thing to do.

Musings

// July 8th, 2009 // 2 Comments » // Immigration

The last few weeks were thoroughly exhausting. Between the long week in D.C., the non-gay drama (highly boring) of my father and some promigrant bloggers, a horrible court decision against us, the exhausting but exhilarating National DREAM graduation and efforts to save Walter Lara, I am just about ready to move on.

But I made a commitment, hence I am a hero to some, a burden to my mother and I happen to stand in the way of my own dreams by staying here.

Something still troubles me–the way SEIU swept in to co-opt the work of undocumented student leaders the last week of Walter Lara’s deportation. Lets be honest and forthright–Walter would have gotten a stay of deportation without their new media efforts. It is absolutely outrageous that SWER did not get credit for all their hard-work. DreamActivist could have done more had their hands not been tied by lack of software (people are laying eggs on the contract as I write). Of course, the limits and top-down know-nothing nature of SEIU became more apparent when their action this week to sustain momentum asked supporters to ‘Call Congress’ for the DREAM Act. That is such a bright idea! Why didn’t we think of it before now?! Oh, this time, instead of calling our Senators directly, we would have to give SEIU our information in order to call. SEIU should stick to raiding real unions to bring home the bacon. Oops, I guess the real labor movement opposes that too. No offense to Josh Bernstein; his work and support for DREAM students is always welcome.

I just wonder where these DC orgs go when a non-honors student is facing deportation, when Sarjina Emy stayed in detention for two years and finally broke down and went back to Bangladesh, and when a case does not look winnable. Why are some immigrants disposable? My mother never went to college, is a janitor who supports the entire family and pays thousands in taxes; my grandmother does not speak English, never worked or paid taxes in this country, cashes in her social security checks; I have a Master’s but don’t make any financial contributions, hence don’t pay taxes and can’t stand this country–Who would you deport?

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Revisiting CSPA and ‘Aging Out’

// June 13th, 2009 // No Comments » // Immigration

This August, it would be 7 years since President Bush signed the Child Status Protection Act (CSPA) into law. What is CSPA? It allows a child who has turned 21 and ‘aged out’ under an immigration petition to automatically be put in another category and retain her/his original priority date.

For example, if my citizen grandmother filed an application for us in January 2000 when I was 15 but it only got approved 8 years later when I was 23,  I would ‘age out’ and never have the ability to adjust status until my parents would re-file for me and wait another 8 years by the time I was 31 to reunite with them under the color of law. CSPA was supposed to change that to ensure that when the child (now an adult) ages out, s/he would retain the original filing date (January 2000) and be put in the appropriate category (from 2C to 2B-unmarried son and daughter of U.S. citizen).

USCIS refuses to budge and continues to deny family reunification.

Several lawsuits have been filed by parents who have been separated from their children. One of the top immigration lawyers in this country, Carl Shusterman discusses the lawsuit he has filed:

On June 23, 2008, we brought a lawsuit in Federal Court on behalf of Melvin’s mother and five other mothers who are separated from their sons and daughters despite the clear language of CSPA. The USCIS believes that to allow children like Melvin to use their original priority date would be tantamount to permitting them to cut in line.  To the agency, CSPA does nothing to lessen Melvin’s 19 year wait to become a permanent resident.

In September, the Government submitted a motion to dismiss our complaint. Since then, the government has requested that the Judge postpone deciding our case until the Board of Immigration Appeals (BIA) rules on similar cases which are pending before the Board.  The BIA has already decided two cases which interpret the words “appropriate category” and “original priority date” exactly as we do.  However, these cases are not binding precedents.

One of these cases is the Matter of Garcia (2003) that parents should use to SUE the USCIS.

Section 3 of the CSPA includes a new provision at INA § 203(h)(3) that states that if the age of a beneficiary is determined to be 21 years or older for purposes of INA §§ 203(a)(2) (petitions filed by LPRs) or 203(d) (derivative beneficiaries of family, employment and diversity visa petitions), “the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.” 8 U.S.C. § 1153(h)(3)

It’s completely unacceptable that the USCIS interpretation of the Child Status Protection Act does nothing to keep families together and separates children from their parents.

More hearings are on the horizon. By the end of this year, ‘age-outs’ might be able to file for permanent residency using their original priority dates.

In the meantime, FUCK YOU DHS.

You know you are going to lose this one. It’s only a matter of time.

Apply for a Job with Homeland Security!

// March 11th, 2009 // 2 Comments » // Immigration

Homeland security is hiring for an Associate General Counsel for Immigration! And it is a job that would guarantee ‘job security.”

http://img25.imageshack.us/img25/9246/threatchart1401863.png

After all, DHS has an overbloated budget that needs justification, hence the detaining of non-violent, non-criminal immigrants like gardeners, nurses, construction workers and students. And instead of speedy deportation, most immigrants in ICE custody are detained for long and insufferable periods on taxpayer dollars because the next step is to make money for the private detention industry–which is thriving in this horrible economy.

Check it out:

WHO MAY BE CONSIDERED: Applications will be accepted from all groups of qualified individuals.

Undocumented students and scholars, please feel free to submit applications.

In today’s interconnected world, our country’s security challenges are constantly evolving.  To meet these challenges, the U.S. Department of Homeland Security (DHS) fosters a culture that values and promotes diversity, teamwork, flexibility, and innovation.  With a diverse and critical mission, we lead the unified national effort to secure America.

Uh-huh, we know the culture of the DHS, the flexible border-building effort that is separating Americans from America (besides detaining and deporting American citizens), and the many innovative ways that it is being sued as a result of violating basic civil rights.

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ICE Detaining Ukrainian Woman Willing and Paying to Leave the United States

// December 30th, 2008 // 11 Comments » // Human Rights, Immigration, Moron of the Week, Politics

This one should outrage every American taxpayer.

She served jail time for a conspiracy to commit marriage fraud. She had a detainer placed on her by ICE, so after she was done serving this time, ICE came to the jail and took her to Fairfax, VA to fill out paper-work on September 18, 2008.  She insisted that she wanted to leave as soon as possible and ICE happily agreed to expedite her paperwork to make sure she would be home by her birthday on November 15. They released her with an ankle monitoring bracelet and all was well. Or so they thought …

Her husband reports:

Almost immediately (the next Monday), we hand-delivered my wife’s passport to ICE, as they told us the lack of this document is the only thing that could prevent her from leaving quickly. And then we waited.  After a couple weeks we became a little worried that we’re still here, and so I started calling ICE.  Every day, I called and left messages and even started begging for someone to please do something, as we want to leave.  And we did want to leave.  I had quit my job, and we were coasting on whatever money I saved up for our new life.  The longer we wait, the less money we had. But wait we did.  And then we waited some more.

Why all the waiting? Oops, looks like ICE changed its mind and wanted her back in jail. Why? Well, she certainly was not a flight risk anywhere but back to Europe. They came to get her and put her in detention, not that they knew what they were doing.

None of the ICE people that came to my house really knew what was going on, they didn’t know why they were taking her, nor did they really know who she or me were but they knew they were there to take her.  We knew that she was finally flying to Europe, with me right behind her.

Next day she called me up from River Road jail.  She said they told her nothing.  The day after that she calls me again.  They told her nothing.  Same thing the next day, and the day following.  But eventually, ICE came and took her again to Hampton Roads Regional Jail.  Again, they told her nothing.  Next day, nothing, and eventually the next week: nothing.  Through this whole time, I was calling ICE every day and the only information I could get was “we’re getting her flight together”.  When I asked why they took her to jail, I was calmly explained to that it doesn’t really matter, because she is supposed to be in jail anyway.

Interesting evasion of the questions. Why release her into his custody when she is supposed to be in jail? So her husband buys and delivers an actual airline ticket on December 1, 2008 to the Fairfax, Virginia office and the real truth comes out.

The flight was for Nataliya Chorna, on Dec 18.  I also asked to speak to her case officer.  He wasn’t there, but “he’ll call you”.  They also took the ticket and said “it should be fine”.

Two silent days went by and so I drove to the ICE office again, and asked them what’s going on.  They checked the computers, and told me that on Dec.1, they sent the application for my wife’s travel documents to her jail.  ”Why does she need travel documents?  You have her passport…”

“It says here it was misplaced.”

Misplaced seems to be an euphemism for lost when it comes to ICE, as the husband later realized. Still, he worked hard and got the Ukrainian consulate to provide travel documents granted that ICE sent in the application. What happened next?

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Forget Janet Napolitano; Dismantle DHS

// November 23rd, 2008 // No Comments » // Discourse Studies, Immigration, Racism

The appointment of Janet Napolitano to the top Homeland Security post has elicited a diverse number of reactions. In a New York Times article, some immigration hardliners are calling it a travesty, NumbersUSA thinks that President-elect Barack Obama could have done worse, while ‘liberals’ think that Napolitano represents a balanced and constructive view, given that she is in favor of a comprehensive immigration reform that legalizes 12 million undocumented migrants. Conservatives in Arizona are happy that finally power might shift towards them with the election of Jan Brewer to Governorship.

Few are questioning the rise of ‘immigration’ as a matter of national security to the point where debates over the chief post of Homeland Security now include major immigration groups. Is this a failure of the imagination, ignorance or just plain historical amnesia? Discourses surrounding the appointment of Napolitano simply serve as polemical devices to achieve political ends while doing nothing to actually address the epistemological and ontological flaws in the actual nature of the Department of Homeland Security.

Writing for the Washington Post, Edward Alden is one of the few mainstream and liberal commentators who comes close to hitting the nail on the head with this statement in ‘Close Minded on the Border:

Instead of continuing to embrace the massive flow of talent, energy and initiative that the rest of the world has long offered the United States, we launched an expensive, futile experiment to see whether we could seal our borders against the ills of the world, from terrorists to drugs to illegal migrants. This effort has betrayed both our ideals and our interests.

Yet, he notes that Janet Napolitano has a rare opportunity to set the nation back on track—to improve security without sacrificing American values and ideals.

On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002 which created the Department of Homeland Security that effectively took over the INS (now CIS). This reorganization blurred the line between immigration policy and terrorism policy to the detriment of many immigrants in the United States – immigration policy became an issue of national security, widening the nexus of security concerns, and hence, granting more policing power to the State.

This incorporation of immigration as national security has far-reaching implications—apart from the fact that immigration is now treated as a security concern rather than an economic and cultural benefit, the dehumanization and scapegoating of undocumented immigrants has proliferated out of control. From local enforcement and state laws to election battles, the unnamed and othered ‘illegal immigrant’ is the big bad bogeyman against whom we need protection.

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More Border Woes – DHS runs out of $$; Head replaced

// September 25th, 2008 // 3 Comments » // Immigration

Trouble seems to follow the border fence everywhere–they may be hedged together. After waiving environmental protections, trying to build the wall through a school campus, and causing flooding trouble, we hear from the DHS that the proposed border wall is over-budget and that the official in charge of the multibillion-dollar program, Greg Giddens, has been removed.

Sep. 22–The U.S. Department of Homeland Security has run out of money to build remaining segments of the U.S.-Mexico border fence in the Rio Grande Valley and elsewhere, and the project already is $400 million over budget.

Unexpected construction costs and legal holdups have paralyzed construction just weeks after DHS broke ground in the Valley.

A Sept. 10 Government Accountability Office report said the average cost of fencing has increased more than 40 percent this year.

Seems like it is bailout season all-round. Just say no! Congress is now bailing out DHS as well from going overbudget. How much? Not some thousands, not some millions, no, just about $4 billion. NB: How many children can that kind of money feed?

I cannot fathom how the most powerful country in the world goes over-budget and spends more than it has allocated for projects like building a border wall. Costs of materials increased? Please, when you are asking Congress for funding, don’t you account for inflation and annual cost increases? Or does the DHS have poor economists on staff, (much like poor IJs)?

Maybe they had hoped to get some ‘illegals’ to build the border wall and cut costs in that manner. At any time, the government is the largest employer of undocumented immigrants alas, the increased scrutiny probably dampened those plans.

Regardless, this is what the GAO said:

According to program officials, as of August 2008, fencing costs averaged $7.5 million per mile for pedestrian fencing and $2.8 million per mile for vehicle fencing, up from estimates in February 2008 of $4 million and $2 million per mile, respectively. Furthermore, the life-cycle cost is not yet known, in part because of increasing construction costs and because the program office has yet to determine maintenance costs and locations for fencing projects beyond December 2008. In addition, land acquisition issues present a challenge to completing fence construction.

Wait, you are telling me THESE fences are worth millions of dollars and supposed to ‘keep out’ illegal immigrants? I used to climb higher walls at age 7 !!

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