ICE Affirmative Supplement - Michigan7 2015

7/25/2019 ICE Affirmative Supplement - Michigan7 2015

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Affirmative


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Psychological Violence

Even if ICE raids have reduced, PEP has ushered in a new era of

immigrationlocal police tip off ICE officials who detain and even deportimmigrantsthat sows distrust between communities and local lawenforcementFoster !"#!"$ is a leading immigration law firm delivering the full spectrum of U.S. and

global immigration solutions (L.A. County considers new immigration program for jails in light

of S.. slaying!" http#$$www.le%ology.com$library$document.ash%&g'b)d*bd+,e-)*,*/0,

a)0,d+)b+e01/+d12$$A3

At a community meeting in 4uarte hosted by the Los Angeles County Sheriff5s 4epartment last wee6" one name surfaced often. 75m here because of 8ate Steinle5s death and because 7 care about illegal aliens being

cut loose and let out on the streets"! 9range resident :i6e :c;etric6 told a panel of sheriff5s officials who are pondering a shift in policy at the county5s jails. uly " but had gained little traction. Since Steinle5s death" however" the new program has won une%pected support. U.S. Sen. 4ianne einstein (4,Calif.2" who as mayor of San rancisco in the -/0s

supported city policies protecting immigrants who were in the country illegally from discrimination by the city" has called on San rancisco to cooperate with the 7C@ re?uests. Dhe new program

replaces 7C@5s & ecure Comm unities initiative" which was scrapped in 3ovember by Eomeland Security Secretary >eh >ohnson" who said that program5s very name has become asymbol for general hostility toward the enforcement of our immigration laws.! Under Secure Communities" federal agents routinely re?uested that jails hold inmates beyond their release dates so 7C@ could pic6

them up. 7mmigrant advocates complained that the practice eroded community trust in policeand said thousandsof peoplewith noor

only minor criminal convictions were deportedas a resu lt. Last year" after a federal court deemed such holds unconstitutional" hundreds of jurisdictions nationwidestopped complying with 7C@ re?uests" including most counties in California. Since the beginning of 0*" according to 7C@" cities and counties nationwide ignored 1"000 re?uests that they detain inmates. Dhe

new program does away with most re?uests that local jails hold people until federal a gents can pic6 them up" opting more often for re?uests for notification" 7C@ officials say. Last wee6 >ohnson told a

congressional panel that nearly three do=en of the nation5s largest counties have indicated a willingness to

participateone way or another! in the F@F program. ive have said they won5t cooperate" and are still deciding" >ohnson said. 7n California" Los Angeles" 9range and

Alameda counties areamong those cooperatingon some levelwith the new 7C@ program" county officials said. San rancisco has refused.Alameda County Sheriff ;regory >. Ahern said he would comply with 7C@5s re?uests for notification but added that his department will not hold anyone in our custody a minute past their release date or time!

without a judicial warrant or order. 7C@ officials say the legal system has no mechanism for issuing such orders in routine deportation cases. At the hearing" >ohnson faced heavy criticism from epublicans" who

as6ed why 7C@ hasn5t re?uired local agencies to comply with all aspects of the new program. 7 d o not believe that we should mandate the cooperation of state and local law enforcement officials"! >ohnson said. 7

believe that the most effective way to wor6 with jurisdictions" particularly the larger ones" is through a cooperative effort with a program that removes the legal and political controversy.! Somebody sitting in

ose or San rancisco or Chicago. , ep. Goe Lofgren (4,San >ose2 ep. Goe Lofgren (4,San >ose2 welcomed >ohnson5s approach" which she called

more respectful to local communities! than previous 7C@ jails programs.


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immigrants are standing here.! Dhey then wal6ed into a busy intersection nearby and refused to budge. :arcela Eernande=" )" an immigrant brought to the country illegally as a child" said

she believes the Sheriff5s 4epartment should have no contact at all with federal officials . Eer

uncle" she said" was deported after being jailed on minor drug charges. Ee hasn5t seen his U.S.,citi=en children for five years "! Eernande= said.

(e should help people rehabilitate instead of deporting them .!

Independently, PEP facilitates racial profiling, separation of families, andunnecessary deportationstatus )uo policies are too reminiscent of &*

Comm+IC -."$ 3ational 7mmigration Law @nforcement (F797DH @39C@:@3D F9;A:

anuary " 0*" without

being inspected by an immigration officer. 7n addition" thememo does not define what it means to cooperate! with the

transfer. Dhis opens the door for anti,immigrant jurisdictions to enter into agreements to

transfer over to 7C@ anyone who might be an enforcement priority" regardless of whether that person has ever beenconvicted of a crime. Constitutional 4eficiencies ederal court decisions have made it clear that detainer,based detentions by law enforcement agencies violate the ourth

Amendment and that an independent judicial finding of probable cause is constitutionally re?uired every time 7C@ see6s to detain someone based on a detainer.- Dhe 3ovember

0" 0*" Secure Communities! memo states that in special circumstances! 7C@ may issue detainers as6ing a

local law enforcement agency to hold a person . Eowever" nothing in the new detainer form institutes this

limitation or re?uires 7C@ officers to justify the re?uest for detention based on a special circumstance.! Dhememo

does not define special circumstances"! nor does the new detainer form re?uire a judicial determination of probable cause" leavingroom for 7C@ to ma6e subjective and overbroad determinations of what these circumstances

might be. Special circumstances! should be a standard above and beyond probable cause and should be limited to very

rare e/igent circumstances . urther @ntanglement of Local Law @nforcement with 7C@ Dhe Fresident5s Das6 orce on st Century Folicingrecently recommended that federal immigration enforcement be decoupled! from local policing based on the recognition that involving local law enforcement in immigration

enforcement lessens public safety and community well,being.0 @ntanglement also destabili=es homes and communities# 3otifying 7C@ of a person5s

release date and home address facilitates the deportation of people who are integral to their

families and communities. @roding Drust


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(e have become the terroristthe violence the ICE commits against

2ispanic communities causes destruction of families, detrimentalconditions, and psychological violence2ing -..# , Frofessor of Law" University of California" 4avis.(ill 9ng" 7nstitutional acism"

7C@ aids" and 7mmigration eform!" http#$$lawblog.usfca.edu$lawreview$wp,

content$uploads$0*$0-$),SA3,**,,Eing.pdf2$$A3

4. Drauma to Children and amilies amily separation and the special damage to children have been particularly tragic conse?uences

of the 7C@ raids.)1 :ost of the children impacted by raids were U.S. citi=ens and most were very youngB about two,thirds were under ten and about one,third were

under age five.)/ 7n three sites studied by the 3ational Council of La a=a" researchers found that families and relatives scrambleJdK to rearrange care" children

spent at least one night without a parent" often in the care of a relative or non,relative babysitter" in some

cases neighbors and in some cases even landlords some children were cared for by e%tended families for wee6s and months.!)- amiliesdirectly affected by the raid also

suffered economic hardship and financial instabilitythat creates conditions that are

detrimental to children5s development.!M0 Dhe 3ational Council of La a=a study also analy=ed the emotional and mental side effects upon

children.


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the United States and other industriali=ed countries have changed" in response to downward spiral of the economies in many sending countries and evolving needs for labor on this side of theborder. Frior to these developments" unauthori=ed wor6ers primarily consisted of seasonal labor migrants whose families remained in their countries of origin. Doday" however" immigrants to the United States

include many families with children. According to the Few Eispanic Center" in 00/ there were .) million immigrant children without documents in the United States and * million U.S.,born children with at

least one parent who is an unauthori=ed immigrant. 4espite the substantial numbers" however" there is little systematic evidence about these children5s e%perience. Enough is 'nown

anecdotally" however" to raise the concern of faith,based organi=ations and immigrant advocacy groups about conflicts between child

welfareandthe prevailing immigration policy. Accordingly" there is some pressure on Fresident 9bama to fulfill his campaign promises in regard to immigrationreform. Although the initial timetable for such change was not met" the administration has indicated that it intends to move forward with the issue sometime in 00. 7n 3ovember 00-" Secretary of Eomeland

Security >anet 3apolitano made her first speech on the subject. She articulated three principles that the administration regards as critical to comprehensive immigration reform# lowered barriers to authori=ed

immigration" firm but fair resolution of the situation of unauthori=ed immigrants" and strict enforcement of the law. Dhe contours of a new policy and the approach to its enforcement remain matters forconjecture. Unfortunately" however" it is clear that the proposals already on the table do not address the comple%ity and diversity among unauthori=ed immigrants. 7n particular" the needs of children and families

have largely been ignored. 7f underta6en by itself" enforcement is apt to create a deeper set of problems for children" most of whom did not decide for themselves to enter the country illegally. Stories

abound of young adults brought to the country as children who cannot now wor6 or study

legally" children themselves who are removed from their parents5 custody while the parents are

detained" and children who are awa6ened to arrest of a parent who is ta6en to an undisclosed

location. Dhe Conse?uences of Current @nforcement Fractices 7n 001" Andy Capps and his colleagues at the Urban 7nstitute and the 3ational Council of La a=a undertoo6 one of the few systematicefforts to describe the effects on children of prevailing strategies for enforcement of immigration law. Capps5 team e%amined the effects of 7C@ raids in 00M and 001 at wor6 s ites in Colorado" 3ebras6a" and

:assachusetts. 7n those raids" federal agents arrested -00 adults because of unauthori=ed presence in the United States. As a result" )00 children(many aged ) years or

younger2were separated from parentsfor some period of time. ollowing those raids" many single p arents were given an6le monitors and released within hours. 9ther

parents agreed to departure and were deported within */ hours. Some were released on bonds of up to O0"000" but they were not permitted to wor6 while they awaited a hearing. Still others were

held in detention for up to M months" often in states other than those in which they were arrested. Some families went into hiding

for wee6s at a time" during which they avoided burning lights in the evening or opening the door

to anyone" even church or community wor6ers who brought food. 7t is difficult to estimate the number of children who have been in such situations"because 7C@ has not

recorded the number of children detained parents had or whether both parents were detained.

Eowever" Secretary 3apolitano recently stated that +/0"000 individuals are in the custody of 7C@ during the course of a

year. Dhe Few Eispanic Center has reported that three fifths of households headed by unauthori=ed immigrants include children. Futting these numbers together" the number of children affected by parental

detention in immigration cases appears to be well into si% figures each year. Dhree fifths of households headed by unauthori=ed immigrants include children Children should not

become collateral damage. 4espite this large number" 6nowledge about what happens to children once a parent(s2 is removed is largely limited to anecdotes. 7nformation comesfrom testimony from congressional hearings" interviews conducted in communities where raids occurred" and reviews of lawsuits filed provide an overview of the types of issues that have arisen from raids.

9therwise" the Capps et al. study is uni?ue. ;iven the shortage of research into this topic" the best way to discern the effects of immigration enforcement is to consider 6nowledge about situations that are at least

partially analogous" such as parental imprisonment as punishment for a crime. 7t is widely accepted that the loss of a parent in the conte%t of a situation

that itself is traumati=ing increases the li6elihood of poor psychosocial functioning in children . Dheadverse effects of loss of access to a parent are often magnified when the cause is parental incarceration" because instability is often a central feature of the family5s life both before and after the arrest. Dhis type of

parentNchild separation is almost always involuntary" abrupt" and une%pected" and most families have not p lanned for the care of their children in these

circumstances.Children are doubly or triply traumati=ed"because they witness the forcible removal of a

parent" lose a caregiver and protector" and often suddenly lose a familiar home. Farental arrest may have profound short,term

results" including traumatic stress reactions" and research suggests that there are long,term effects as well .

or e%ample" children who have seen their parents arrested are more li6ely to distrust police and the courts and

are unli'ely to rely on law enforcement for protection . 9f course" children of wor6ers who are detained because of violations ofimmigration law usually face a multitude of stressors over the long term" including those associated with ethnic minority status" poverty" and life outside the law. 7n a review of data collected in the 3ational Survey

of Child and Adolescent


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ail on Duesday 1. 7n this place people and record data to 4ES and 7C@ are sent. odolfo ;on=ale= $ 39< H@S T7tRs the same

thing but with a new pac6age"T said Cristina Far6er" program director of ;rassroots L eadership immigration and one of the organi=ers of the protest outside the Dravis County >ail. Since its inception in 00/ and

its adoption in Dravis in 00-" S,Comm was pointed out by groups of local and national activists use the fear and ignorance that have immigrants about their rights and be used for separating families and not to

improve public safety" which was supposed purpose. 9fficially" the F@F program replaced the S,Comm3ovember 0" 0*"when Fresident

arac6 9bama announced his e%ecutive order on immigration. F@F" as did S,Comm shares the

fingerprints of people who are arrested and police files for any crime or offense with the ederal ureau of

7nvestigation (F8I 2" to see if they have a criminal record. Dhe information is also sent tothe 4epartment of Eomeland Security ( 92& 2 to compare it

with databases of immigration" where it is chec6ed whether a person is in the country without documents. Dhe protesters demanded again the Dravis County Sheriff ;regEamilton" who runs the prison compound" which does not participate in the 7C@ program" being an optional measure. Eamilton has remained firm in its position years of participating in federal initiatives and

F@F is no e%ception. Teh > ohnson. Dhe so,called Ttop priorityT are those who pose threats to national public or border security. Dhese include crimes related to

terrorism" espionage or gang involvement. Friority two loo6ing deport those who are found guilty of se%ual assault" domestic violence or se%ual e%ploitation as well as those who commit minor offenses repeatedly"

between these minor traffic offenses" for e%ample. Dhose who are against the new measure say that S,Comm claimed the same" but eventually was used to deport people without criminal records or for minor

offenses such as driving with a bro6en headlight" said Alejandro Caceres" coordinator of the campaign 7C@ 9ut of Austin which is against the implementation of F@F. rom September 0* to :ay 0)"

there have been -).-1M re?uests for deportation orders to the nationRs immigration courts " according to

the Dransactional ecords Access Clearinghouse (DAC2" a research center at the University of Syracuse" 3ew Hor6 . 9f these re?uirements" only one was on charges

related to terrorism " - (0.02 were related to threats to national securityand +"-(+.)2

aggravated offenses" 7C@ deportation priorities in the F@F program. In contrast" +/.10(+-./12 of the orders sought thedeportation of people whose only crime was to have illegally entered the : nited & tates" 6nown as @ntry ohn elman" :i= raim father" who is engaged in construction and said he still has fear of authority. THes" one is a bit traumati=ed"T said elman father.

7n 0" the :e%ican immigrant was driving along with four of his colleagues after a long day at wor6 installing roofs in a project Abiline" almost four hours northwest of Austin" when he was stopped by a p olice

officer" he said. Dhe city is located in Daylor and >ones counties" who then actively involved in S,Comm. Dhe officer told him 8elman father who had stopped

because one of his companions was not wearing a seat belt" said the :e%ican" now *- years old. Later he

demanded identificationwho was not wearing elt and" and seeing that not carrying US documentation" the

officer decided to ta6e them all to jail" elman father said. T7 had never been in prison" it was my first time"T he said the born in ;uanajuato. After being signed and

discovered that he had no legal status in the country" crossing elman5s fatherhe lasted for several months" where he was detained

and suffered at the thought that he would return to :e%ico deported " especially since he was the one

who provided the support his family" he said. After searching an immigration lawyer and pay a deposit of O )"000" elman father was released and after fighting his casein court" now has a wor6 permit" he said. elman fatherRs story resembles many of the cases that were contested in the courts of Austin and surrounding areas due to S,Comm" said 8ate Lincoln,;oldfinch"

immigration attorney. Dhe e%pert said that over seven years defended immigrants who were on the verge of deportation for minor offenses" than6s to Secure Communities" and hopes that the F@F program is

implemented correctly to reduce mistrust in the authorities. Dhe arbitrary use of these initiatives Tcreates a complete barrier

between immigrant communities and the police department"T said Lincoln,;oldfinch" adding that these programs are also based on the fearthat undocumented wor6ers have to demand their rights against authority . T7n Austin" the police department should not be as6ing anyone their immigration status"T said the lawyer. T7f an immigrant (a

policeman2 he comes to as6 their immigration status" should say# R7 e%ercise my right based on the ifth Amendment of the Constitution and do not want to provide that information"RT said Lincoln,;oldfinch. Dhe

e%pert said that immigrants should also as6 if they are arrested or not and as6 why.


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;ace Contention

Eurocentrism governs our immigration policyit begins with

dehumani1ation, then demoni1ation, and then criminalizationthemigrant has become a commodity that is sustained by /enophobic discourse2ing -..# , Frofessor of Law" University of California" 4avis.(ill 9ng" 7nstitutional acism"

7C@ aids" and 7mmigration eform!" http#$$lawblog.usfca.edu$lawreview$wp,content$uploads$0*$0-$),SA3,**,,Eing.pdf2$$A3

Dhe institutionali=ed racism of U.S. immigration laws and enforcement policies reflects the evolution of immigration laws that grappled with constant tension over who is and

who is not acceptable as a true American. @arly in U.S. history" a western @uropean perspective wasconstantly asserted in battles

over immigration laws.Dhat perspective was apparent in the forced migration of African wor6ers and in Asian e%clusion laws" as well as in the anti,southern

and eastern @uropean ?uota system of the -0s" and is maintained to this very day in the controversy over our southwest border. Dhe Euro*centrism of

the nation5s identity has enabled the institutionali=ation of an immigration regime that

commodifies those immigrants who are left out Bnamely" newcomers of colorBinto a faceless group that can more easily

be demoni=ed and even criminali=ed. Dhe process of criminali=ing the immigrant and her dreams re?uires multiple steps. irst the immigrant is

dehumani=ed" she is then demoni=ed and labeled a problem"then further dehumani=ed until at last

her actions or conditions are criminali=ed .+ Dhis parallels what Charles Lawrence terms stigmati=ation . . . the process by which thedominant group in society differentiates itself from others by setting them apart" treating them as less than fully human" denying them acceptance by the organi=ed community"

and e%cluding them from participating in that community as e?uals.!+ As Frofessor :agee has pointed out" the immigration system began the

dehumani=ing dynamics of racism with the forced migration of lac6 laborers called slaves. ++Although early Chinese immigrants were welcomed with mi%ed greetings" eventually the anti,Chinese lobby that could not tolerate this yellow peril! prevailed. ecruited then

rejected through efforts li6e 9peration


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4ehumani=ation further allows the powers that be to separate the immigrants into deportation categories" ignoring and never as6ing why particular migrants come here in the

first place. @mployer sanctionsBthe statutory provision that justifies the arrest of undocumented wor6ersBis a final step in the dehumani=ation,demoni=ation,dehumani=ation,criminali=ation process. As noted above" at the end of


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application of the concept beyond the conventional blac6,white paradigm. 7nstitutional racism embodies discriminating against certain groups of people through the use of biased laws or practices. Structures and

social arrangements become accepted" operate" and are manipulated in such a way as to supportor ac?uiesce

in acts of racism. 7nstitutional racism can be subtle and less visible" but is no less destructive than individual acts of racism. Charles Lawrence5s discussion of unconscious racism

also is relevant.Lawrence teaches us that the source of much racism lies in the unconscious mind. 7ndividuals raised in a racist culture un6nowingly absorb attitudes and stereotypes that influencebehavior in subtle" but pernicious ways. Unconscious prejudice . . . is not subject to self,correction within the political process.!10 Dhe forces of racism have become embodied in U.S. immigration laws.1 As these

laws areenforced" they are accepted as common practice " in spite of their racial effects.


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=erry>s proposal would essentially result in 'inder, gentler raids, but raids

nonetheless . And the focus,on,employer enforcement position still results in the removal of undocumented

wor6ers. or e%ample" while Eomeland Security Secretary >anet 3apolitano has directed federal agents to focus more on

arresting and prosecuting employers than undocumented wor6ers" she also made it clear that there will be no halt to

arrests of undocumented wor6ers the investigations uncover.*1As long as we remain mired in the belief that we need to

prevent undocumented wor6ers from wor6ing in the country through an employer sanctions system"wor6ers willcontinue to get deported" families will be separated" and communities will suffer damage . Dhe

seemingly neutral logic that flows from an institutionally racist immigration system need not carry the day.


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2ealth Care Impact

9ominant narratives of the ?migrant@ have e/cluded undocumented

immigrants from health care access* the violence that people havee/perienced is unspea'ablepeople can>t get help because of fear ofdeportationClar' -.. , Frofessor of Law" Loyola Law School" Los Angeles (rietta" Dhe 7mmigrant

Eealth Care 3arrative and


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3arratives can influence popular opinion and grassroots coalitions that can eitherfacilitate or hinder

public advocacyfor e%panded access. Dhey also help create or undermine the political will e%erted on policy ma6ers. ut can pro,access advocates reconstruct the immigrant healthnarrative in a way that leads to greater health care access for immigrants& Do the e%tent that pro,access groups hope to influence policy ma6ing through these reconstructed narratives" they should recogni=e two

very important challenges they face. irst" they should be mindful of whether the narrative they create supports their

policy goals.7f their discourse unintentionally reinforces parts of the dominant narrative used to

fuel anti,immigrant initiatives" then they are undermining their own goals . Unfortunately" to some e%tentthe pro,access narrative unintentionally encourages a view of immigrants as potentially dangerous and as outsiders. :oreover" to the e%tent that the pro,access narrative labels supporters of benefit restrictions asantiimmigrant or racist" this can facilitate public divisiveness among groups that might otherwise have common interests in reforming the health care system in ways that benefit both groups. Such

characteri=ations may have the perverse effect of strengthening demand for anti,immigrant measures" which some political officials will support (or at least not aggressively oppose2" even if irrational or harmful to

citi=ens. Second" any attempt by pro,access advocates to use the immigrant narrative to influence policy will be constrained by the structural defects and linedrawing inherent in our e%isting healthcare framewor6.

Apart from any consideration of immigration status"our health care system is largely based on an TUs,DhemT paradigm in

which access is not guaranteed for all" re?uests for coverage are automatically viewed with

suspicion" and decisions about which groups in society should have access to health care are

based on an amorphous analysis of who is most Bdeserving .T :oreover" immigrants suffer

discrimination alonga number of a%es" including race or ethnicity" socioeconomic status" and" in many cases" gender . Dhus" discourse thatsuccessfully changes the immigrant narrative or increases public consciousness about their uni?ue concerns will not necessarily garner public support for eliminating immigrant,specific barriers or ensure

immigrantsR access to care. 7mmigrants will still be left to compete with others for access to a health care system that perpetually pits one group against another. Considering our health system from the perspective

of immigrants who are e%cluded because of immigration,specific barriers is still useful for a number of reasons. 7t shows how gaps in our current healthcare system have particularly harsh effects on those

marginali=ed in society due to immigration status. 7t highlights the inherent" structural defects in our health system and shows how fighting for more rights for immigrants within an inherently ine?uitable system

will only produce a limited benefit for some. inally" it suggests that more creative approaches should be e%plored to

enhance coalition building and effect fundamental health care reform that will improve health care access for everyone"including immigrants.


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3ilitarism Impact

ur domestic immigration policy influences foreign interventions abroad

that results in militarismempirics proveFran1blau et al4 "## esearcher for U.S. Commission on 7mmigration eform (8enneth >."

7mmigrationRs 7mpact on U.S. 3ational Security and oreign Folicy!"

https#$$www.ute%as.edu$lbj$uscir$respapers$ii,oct-1.pdf2$$A3

7mmigration concerns also have affected the use of the :4&4 armed forces4 7n response to perceived

immigration crises"United States forcesbegan interdicting Eaitians at sea in -/. y --+" more than 7.,... 2aitians

were interdicted and returned to 2aiti or ta'en to camps at the :4&4 military base

in Duantanamo47n --*" the U.S. government" in a major policy reversal" began interdicting Cuban rafters attempting to reach South lorida by sea. 7n fear of

another :ariel type e%odus" more than +)"000 people were pic6ed up by the U.S. Coast ;uard in the summer of --* (3ewland --)#-12. 7mmigration fears

were used to6ustify military support to +icaraguan contras and the government of @l

Salvador throughout the Central American crises of the -/0s. Concerns over unauthori=ed

immigration have contributed to the militari=ation of the border between the :nited & tates and

:e%ico" although this was motivated primarily by concerns with drug smuggling. :ilitary rhetoric" tactics" strategy" technology" e?uipment" and

personnel are now part of the effort to staunch the flow of unauthori=ed immigration . Eelicopters"intrusion detection and surveillance hardware" advanced communications systems" and increases in border patrol agents and facilities have been used in the effort to decrease

unauthori=ed immigration (4unn --M#**,)2. Dhe :nited & tates also provided funding to :e%ico for a land interdiction

program to prevent Central Americans from reaching the United States . As a result" :e%ican

apprehensions and deportations of undocumented immigrants jumped from *"000 in -// to an

estimated M0"000in --0 (4unn --M#-)2. Dhe most prominent use of U.S. military force in response to a perceived immigration crisis was the intervention in

Eaiti in September --*. 9n :ay -" --*" Fresident Clinton included among U.S. interests that would justify an

intervention in Eaiti the li6elihood of a massive outflow! of refugees to U.S. shores . our days before the

intervention the Fresident said# Dhree hundred thousand more Eaitians" ) percent of their entire population" are in hiding in their own country. 7f we don5t

act" they could be the ne%t wave of refugees at our door.


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Framing

&cholarship is important in the debate spacediscourse on immigration

has become a self-fulfilling prophecythe ICE has 6ustified violence fornothingCamayd*Frei/as -." , Fh.4." Spanish 7nterpreter for ederal Courts" and Frofessor of

Spanish W 4irector of Dranslation W 7nterpretation Frogram at lorida 7nternational University(@ri6" US 7mmigration eform and 7ts ;lobal 7mpact# Lessons from the Fostville aid!2$$A3

Soon after inception" 7C@ drafted a covert charter" 9peration @ndgame" a strategic master plan (00+,02 to

remove all deportable aliens from the :nited & tates" numbering in the millions. Dhe American Civil Liberties Union

uncovered and publici=ed the smo6ing gunT document in 001" charging that the draconian plan was

tantamount to an ethnic cleansing campaign .+* 7ts very name" @ndgame# 4etention and emovalStrategy for a Secure Eomeland" raised troubling parallels to the creation of the ;estapo. Dhe embarrassing document and allreferences to it were ?uic6ly removed from government websites" but its purpose remained# 00 removal as the basis for

operational and budgetary plans and their e%ecution.!+55


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incorrectG it is also dehumani1ing .


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Dang 9ehumani1ationDangs are inherently dehumani1ing and violate basic human rights, specifically

including preconditions of physical and se/ual abuse of those who 6oin

Ac)uaviva -...(;ary >. Ac?uaviva" Values" Violence" and 9ur uture!"

https#$$boo6s.google.com$boo6s&id'?At3AFteV60CWpg'FAM-Wlpg'FAM-Wd?'gangs

Ydehumani=eWsource'blWots'3uGlf8+3oWsig':yb?)h*oe=h;r@Db*=@914Q7sWhl'enWsa'ZWved

'0CCw[MA@wAmoVCh:7wrbhwuZ%%g7V3HsCh0>Vw1Q\v'onepageW?'gangs

0dehumani=eWf'false" p. M-2

Control is power.


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be able to 'ill such as a gang member who grew up in that environment and

lifestyle where 'illing was normali1ed and even encouraged .A soldier or a police officer

who has been conditioned to be able to shoot and 6ill also falls in this category albeit through a very

different process. emoving that type of individual we have crimes of rage and passion" these are verydissimilar from the soldier5s tas6 or the conditioned criminal" with a crime of passion it5s all on chemicals"

many people don5t actually go forth with the thought of 6illing someone according to the interviews after

the fact. Dhere is only one category of person who has the ability to 6ill others of their species with out

concern" we call these people sociopaths. Dhey have a variety of critical mental illnesses that result in

them dehumani=ing everything and everyone" there is no emotion to the act of 6illing" no more than a

normal human being does washing their hands. Dhan6fully these individuals are few and far between and

this level of dehumani=ation is the last thing one would want in a soldier. Dhat5s the point where soldiers

lose their sense of who the enemy is and civilians go from people to be defended to just more targets.

0he ?gang mindset@ destroys value to lifeEarrington et. al 000 (>ohn Earrington and 8ate Cavett" ; is for ;angsta# 7ntroductory

Assessment of ;ang Activity and 7ssues in :innesota!" http#$$www.oralhistorian.org$part.pdf"

p. */,*-2

0he gang addiction starts out because of an emotional illusion47t is an illusion that

gang members admit intellectually is dysfunctional" but is so entrenched in their mind and

feelings that they cannot escape it. ationally" a gang member will tell counselors that they

understand that there are clear dangers to being a gang member. As > oc6" a :inneapolis Vice

Lord stated he would either spend a long time in prison or be dead by +. 3o other choices

e%isted. 7ntellectually" the gangster can see the long term picture" but emotionally the

;eneration Z slogan" 7 want what 7 want and 7 want it now"! seems to be the operative value

system.-- ;avonti spea6s to this when he says# ].when I was running with the gang, I

didn>t respect anybody but myself4 I mean 6ust because you were in the gang

doesn>t mean I have to respect you4 I was really selfish4 I was deeply involved with

drugs and alcohol, didn>t care for my life, ya 'now4 (hen I was out there banging Icould have gotten shot and would feel the relief Hcu1 I didn>t wanna live4 I didn>t

have nothing to live for4 8efore, I always told people, I don>t care if I die4 I ain>t

scared to die4


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Psychological Effects

3ental health issues are a result of racial profiling and discrimination

traumatic discrimination stress has become an everyday part of theimmigrant>s life8ecerra et4 al >"-(4avid ecerra" 4avid Androff" Andrea Cimino" :. Ale%


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ICE immigration enforcement has led to the separation of families,

accompanied by a lasting psychological effect< fear and instability becomepervasive in the minds of affected childrenthis spills over to the rest of thecommunity8ecerra et4 al >"-(4avid ecerra" 4avid Androff" Andrea Cimino" :. Ale% s psychological

well*being4 0he separation of families and the resulting destabili1ation creates

psychological trauma for the children involved. 0he fear and stigma associated with

the enforcement strategies has a ripple effect on other members of the community.

0he effects found in children whose parents had been detained were also found in

other children within the community whose parents were not detained(Capps et al.

0012. Another study" which included sites of immigration home raids and local law

enforcement practices including wor6site raids" confirmed that the children indeed

e/perienced behavior changes in the intermediate and long term including

aggression and an/iety(Chaudry et al. 002. Constant or ongoing fear of deportation of aparent or loved one can e%acerbate the mental health impact of such e%periences (:cLeigh

002. 7n addition , fear 'eeps most families from see'ing help from agencies and in

some cases even from opening the door to their homes to accept assistance being

offered (Capps et al. 0014 0his increases the social isolation of families and the

financial and emotional burden on e/tended family networ's(Capps et al. 0012"

which has been compounded by policies limiting access to social services. Farticularly at the

beginning of the 7C@ wor6place raids" the best interest of the children was not at the forefront.

Dhere is now protocol in place to consider the most efficient and least traumati=ing way to

reunify children with their parents through collaboration with local child protection agencies

and other sta6eholders (Cervantes and Lincroft 002. Eowever" there is no evidence that this

reduces the related trauma of the event. 3ot only is the research on the impact of enforcementon Latino families and children significantly lac6ing" but neither the 4epartment of Eealth

Services nor state or local child welfare agencies currently trac6 the e%act number of children of

undocumented immigrants who come into custody or are impacted by increased immigration

enforcement.
http://www.researchgate.net/profile/Andrea_Cimino2/publication/257787966_The_Impact_of_Perceived_Discrimination_and_Immigration_Policies_Upon_Perceptions_of_Quality_of_Life_Among_Latinos_in_the_United_States/links/554b3f4b0cf21ed213591360.pdfhttp://www.researchgate.net/profile/Andrea_Cimino2/publication/257787966_The_Impact_of_Perceived_Discrimination_and_Immigration_Policies_Upon_Perceptions_of_Quality_of_Life_Among_Latinos_in_the_United_States/links/554b3f4b0cf21ed213591360.pdfhttp://www.researchgate.net/profile/Andrea_Cimino2/publication/257787966_The_Impact_of_Perceived_Discrimination_and_Immigration_Policies_Upon_Perceptions_of_Quality_of_Life_Among_Latinos_in_the_United_States/links/554b3f4b0cf21ed213591360.pdfhttp://www.researchgate.net/profile/Andrea_Cimino2/publication/257787966_The_Impact_of_Perceived_Discrimination_and_Immigration_Policies_Upon_Perceptions_of_Quality_of_Life_Among_Latinos_in_the_United_States/links/554b3f4b0cf21ed213591360.pdfhttp://www.researchgate.net/profile/Andrea_Cimino2/publication/257787966_The_Impact_of_Perceived_Discrimination_and_Immigration_Policies_Upon_Perceptions_of_Quality_of_Life_Among_Latinos_in_the_United_States/links/554b3f4b0cf21ed213591360.pdfhttp://www.researchgate.net/profile/Andrea_Cimino2/publication/257787966_The_Impact_of_Perceived_Discrimination_and_Immigration_Policies_Upon_Perceptions_of_Quality_of_Life_Among_Latinos_in_the_United_States/links/554b3f4b0cf21ed213591360.pdf


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Enforcement strategies have created divisions within communities,

increasing fear while decreasing trust in the police4 0hose within thecommunity persistently struggle between the ma6ority and the minoritycultures, e/periencing less optimism and more depressive symptoms8ecerra et4 al >"-(4avid ecerra" 4avid Androff" Andrea Cimino" :. Ale% "-(4avid ecerra" 4avid Androff" Andrea Cimino" :. Ale%


21/29

http#$$www.researchgate.net$profile$AndreaQCimino$publication$)11/1-MMQDheQ7mpactQo

fQFerceivedQ4iscriminationQandQ7mmigrationQFoliciesQUponQFerceptionsQofQ[ualityQofQL

ifeQAmongQLatinosQinQtheQUnitedQStates$lin6s$))*b+f*b0cfed+)-+M0.pdf" p. M12$$cl

4iscrimination stress has been related to depressive symptoms in :e%ican migrant farm wor6ers.

Alderete et al. (---2 found that those with high levels of stress were at twice the ris6 of depression

compared with those with low levels. Similarly" poor mental health status was found to be associated withperceived discrimination in Latino immigrants in general (;ee et al. 00M2. Also" 4ing and Eargraves

(00-2 found stress,related mental health conditions" such as depression and an%iety" are associated with

poor health status. 4epression" in particular" appears to be a lin6 between e%periences of discrimination

and poor health status.inch et al. (002 found that for adults of :e%ican origin"

discrimination has a direct connection to overall poor health, particularly for

those e/periencing 6ob*related discrimination. perceptions of

)uality of life and discriminatio n in order for community mental health practitioners to

have the information to effectively meet the needs of Latinos in the United States.

Increased fear of deportation, lower use of government services, loweroptimism, and lower )uality of life are all correlated with increased

immigration enforcement8ecerra et4 al >"-(4avid ecerra" 4avid Androff" Andrea Cimino" :. Ale%


22/29

00M2" or having higher levels of acculturation (erry --12.Latino immigrants are considered an

IIunderserved population"55 and understanding the impact of perceived discrimination upon the use of

government services such as healthcare and social services is important to guide policyma6ers in

developing effective interventions (urman et al. 00/2. 7n order to guide future research and practice

toward reducing discrimination and promoting high ?uality of life among Latinos" this study see6s to

understand how certain factors may put Latinos at ris6 for or protect against a lower perceived ?uality of

life. ased upon the ecological ris6 and resiliency theoretical model and previous research" this studye%amines whether potential ris6 factors" such as problems with immigration enforcement or perceived

discrimination" negatively affect Latinos5 perceived ?uality of life" or whether additional factors such as

being female" higher levels of income" education" and acculturation" as well as US citi=enship status" may

be protective factors. Dhe independent variables thought to be e%ternal stressors that may be ris6 factors

for a lower perceived ?uality of life among Latinos include problems with immigration enforcement and

perceived discrimination. Dhe independent variables thought to be protective factors against a lower

perceived ?uality of life include being female" higher income" education" and acculturation" as well as US

citi=enship status. Controlling for the possible protective factors" this study e%amines the relationship

between the ris6 factors of increased issues as a result of immigration enforcement and perceived

discrimination" with the various dependent variables of perceived ?uality of life" fear of deportation" and

use of government services. Specifically" this study e%amined the following hypotheses#

Farticipants who report greater issues as a result of immigration enforcement will report loweroptimism for Latino children and perceive a lower ?uality of life for themselves and other

Latinos in the United States. Participants who report greater issues as a result of

immigration enforcement will have a greater fear of deportation of themselves, a

family member, or a friend4 Participants who report greater issues as a result of

immigration enforcement will report lower use of government services 4

Participants who report higher levels of perceived discrimination will report

lower optimism for atino children and perceive a lower )uality of life for

themselves and other atinos in the :& 4Farticipants who report higher levels of

perceived discrimination will have a greater fear of deportation of themselves" a family member"

or a friend. Farticipants who report higher levels of perceived discrimination will report lower

use of government services.


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9omestic Abuse

Victims of domestic abuse refrain from reporting the

crime because of the fear of deportation, separation of a

family, or more violenceJu*2si ee "$* 7mmigration eporter for Dhin6Frogress. She received her .A. in Fsychology and :iddle @astand 7slamic Studies and a :.A. in Fsychology from 3ew Hor6 University. (@sther Hu,Eis Lee


24/29

women in the U.S." reporting abuse rarely an option!http#$$www.womenundersiegeproject.org$blog$entry$for,immigrant,women,in,u.s.,reporting,abuse,rarely,an,option"DS2

Imagine living every day with the terror that, at any

moment, you might be ripped apart from your family,your home, your 6ob, your livelihood, your friends4 7magine

feeling as though you have no choice but to ris6 all of this to report a case

of rape or domestic violence. &uch is the dilemma for

countless immigrant women in the :nited &tates< Either

suffer silentlyBoften at the hands of husbands or family membersBor go to

the police and ris' deportation4or years"women who have

emigrated to the :4&4 have been trappedin a precarious and

vulnerable position"whether it>s domestic violence" ta6ing their children to

school" access to health care" or the ability to report a case of rape,@e%plained :alli6a 4utt" president of an 7ndia, and U.S.,based human rights organi=ation called

rea6through. Dheir reluctance to report rape or abuse often means that there is no end to the

violence" said Claudia Arvalo" an Ari=ona,based attorney who speciali=es in immigration issues.

Dhe Supreme Court5s recent decision on Ari=ona5s immigration law" S 010" only cements this

problem. an rewer" asserted that the heart! of &8 ".0 was vindicated.! Dhe section towhich rewer referred is what has come to be 6nown as the show me your papers! provision. 7t

directs local law enforcement to re)uest the

immigration papers of anyone they stop or arrest if the

officers have ?reasonable suspicion! to believe that the stopped person

may be in the country illegally.Althoughin theory"Ari1ona law

enforcement can>t as' to see immigration documents

without this ?reasonable suspicion,@ the re)uirement is

one over which lawyers and advocates remain s'eptical. Dhey believe the law will

pave the way for increased racial profiling and abuse of authorityBboth of which can affect howreadily women will come forward to report allegations of crimes li6e rape. 0he fear Lof &8 "..M is increasing
http://www.womenundersiegeproject.org/blog/entry/for-immigrant-women-in-u.s.-reporting-abuse-rarely-an-optionhttp://www.womenundersiegeproject.org/blog/entry/for-immigrant-women-in-u.s.-reporting-abuse-rarely-an-optionhttp://www.womenundersiegeproject.org/blog/entry/for-immigrant-women-in-u.s.-reporting-abuse-rarely-an-optionhttp://www.womenundersiegeproject.org/blog/entry/for-immigrant-women-in-u.s.-reporting-abuse-rarely-an-optionhttp://www.womenundersiegeproject.org/blog/entry/for-immigrant-women-in-u.s.-reporting-abuse-rarely-an-optionhttp://www.womenundersiegeproject.org/blog/entry/for-immigrant-women-in-u.s.-reporting-abuse-rarely-an-option


25/29

and affecting every aspect of their lives 4 0hey were

scared before to report rape and domestic violence, but

now they never will4@

iving in a constant fear comes with many health ris's

including premature deathC&2 no date*the Center has played a pivotal role in improving the health and wellbeing of people" organi=ationsand communities at the local" national and international levels. 9ur remar6able faculty" e%perts drawn from the

University and the community" are committed to innovation" service and social change (Center for Spirituality WEealing 7mpact of ear and An%iety!http#$$www.ta6ingcharge.csh.umn.edu$enhance,your,wellbeing$security$facing,fear$impact,fear"DS2

iving under constant threat wea'ens our immune

system and can cause cardiovascular damage,

gastrointestinal problemssuch as ulcers and irritable bowel syndrome" and

decreased fertility. Fear canimpair formation of long,term memories and

cause damage to certain parts of the brain" such as thehippocampus. Dhis can ma6e it even more difficult to regulate fear and can leave a person

an%ious most of the time. Do someone in chronic fear" the world loo6s scary and their memories

confirm that. :oreover" fear can interrupt processes in our brains

that allow us to regulate emotions, read non*verbal cues

and other information presented to us, reflect before

acting, and act ethically40his impacts our thin'ing and

decision*ma'ing in negative ways" leaving us susceptible to intenseemotions and impulsive reactions. All of these effects can leave us unable to act appropriately.

ther conse)uences of long*term fear include fatigue,

clinical depression, accelerated ageing, and even

premature death4So whether threatsto our security are real or perceived" they

impact our mental and physical wellbeing.
http://www.takingcharge.csh.umn.edu/enhance-your-wellbeing/security/facing-fear/impact-fearhttp://www.takingcharge.csh.umn.edu/enhance-your-wellbeing/security/facing-fear/impact-fearhttp://www.takingcharge.csh.umn.edu/enhance-your-wellbeing/security/facing-fear/impact-fearhttp://www.takingcharge.csh.umn.edu/enhance-your-wellbeing/security/facing-fear/impact-fearhttp://www.takingcharge.csh.umn.edu/enhance-your-wellbeing/security/facing-fear/impact-fearhttp://www.takingcharge.csh.umn.edu/enhance-your-wellbeing/security/facing-fear/impact-fear


26/29

A0< Anti*8lac'ness

atina!o sub6ectivity has been appropriated into 8lac'nesscultural norms

have categori1ed both identities as ?non*(hite@a combination of bothidentities is crucial3Nr)ue1 -.""Assistant Frofessor of African American Studies and Latina$o Studies at

3orthwestern University (>ohn" Dhe browning of lac6 politics# oundational lac6ness andnew Latino subjectivities!" Vol. *" " pages *1,M12$$A3

Dhe Ilac6ness5 of Latino identity in that region certainly puts an interesting twist on debates about Latino subjectivity" whether in Eouston or beyond. Latino

subjectivity ismost commonly described as being shaped by discourses of cultural nationalism" vibrant

trans,nationalism" or bya uni?ue pro%imity to whiteness. Latinos are also depicted as a group that" li6e many @uropean

immigrants who initially e%perienced ethnic prejudice in the United States"will one day be absorbed into the white population.

Eowever" as 4avila (00/2 has recently argued" most Latinos are of dar6 phenotype and are thus Inot so easily

whitened5 (4avila" 00/" p. /2. 3any atinos are also Ophenotypically 8lac' themselves due to

the prominence of the slave trade in Latin America. Dhis is a fact that Scott,Eeron seemed to be referencing in his description of a

Icommon ancient bloodline5 between lac6s and Latinos in the United States. A pro%imity to whiteness" then" has at no point granted

Latinos immunityfrom necropolitics.

4iscourses of white supremacy were solidified as characteristics ofUS nationalism in direct opposition to atinos during the midnineteenth century (Eorsman" -/+2. 7n the late,nineteenth and

early,twentieth centuries Latinos were lynched in the southwest at a rate comparable to that e%perienced by

lac6sin the south (;on=ales,4ay" 00M2. Since the


27/29

+egative


28/29

+eolib!Foucault in'

0he affirmative misses the bac'drop of bio*political neoliberalism that has

created racismthe &tate craves the migrant for economic growth, but yetwants to render the migrant invisiblewhen the migrant comes bac' forhelpthis parado/ ma'es racism inevitable without focus on the underlying

causesJeng -."RN Assistant Frofessor for Fhilosophy (So6than" Dhe iopolitics of ace# State

acism and U.S. 7mmigration. , Lanham" :4# Le%ington oo6s$owman W Littlefield" pg. M1,

102$$A3

Although migrant wor6ers are judged to be bad economic subjects and depicted as leeches to the system" they are actually indispensible to the welfare of the state. Dheway in which

policies wor6 to control immigration is only further indication thatimmigrant labor is useful and

desirable to the U.S. economy.


29/29

deserve nothing. E/clusion from society is a result of political efforts to ensure that their

voices do not carry any weight in the governance of the state4 Dhe barring of immigrant participation is that promise

made good. Dheir e%clusion is a product of a concerted effort to deny rights and p rivileges that are supposedly given to those who contribute to a neolibXeral society. Dhat they have a

seemingly dual e%istenceBboth inside and outside societyBis not inherently offensive to TtrueT Americans and citiX=ens of modern states.[uite to the contrary" it seems that there would be much less resistance to migrant wor6ers if they allowed themselves to be compliant laborers and as6ed for nothing in return.R Dhe inside$outside relationship

that cannot be tolerated is the one where individuals are given access to services" despite not falling within the political parameXters of society (not having citi=enship or official papers that represent the gateway to

regulation and political participation2. :igrant wor6ers are .. an affront to conventional notions of citi=enship" which e?uate politiXcal" social" and civil rights with the criterion of legal residence.T*

ecause migrant wor6ers are courted for their labor" those living in neoliberal society shouldrecogni=e their contribution to the capitalist system. Dhe fight to bloc6 their inclusion into

modern" neoliberal society could be e%plained through the terms of conventional racism .

7ndeed" if the marginali=ation of migrant wor6ers were justified by their difference in s6in color "

nationality" or culture"it might wor' to conceal the wor'ings of modern, biopolitical

racism . Dhe denial of the most basic of health serXvices and care is a symbol of political e%clusion. :igrant wor6ers repreXsent a population that is supposed to be different from Americans. Dhe p roofis that they are disposable while real Americans are" allegedly" protected.

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ICE Affirmative Supplement - Michigan7 2015

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