Cover
story Immigrants draw harsh terms for simple mistakes
By ARTHUR JONES
NCR Staff New York and Washington
Four years after an anti-immigrant
Congress passed draconian new legislation, U.S. immigrants and asylum seekers
exist -- according to the Catholic Legal Immigrant Network -- in a world of
justice delayed, justice denied and justice not even considered.
The Catholic Legal Immigrant Network, sometimes known as CLINIC,
has prepared four devastating reports replete with analyses, statistics and
case studies. Their reports declare that the 1996 Immigration Act has ushered
in no-appeal border crossing rules, arbitrary naturalization application
decisions, increased raids by the Immigration and Naturalization Service,
retroactive converting of misdemeanors into felonies, deportation of legal
immigrants without recourse and unwarranted detention -- detention without
sentence or time-limit.
The Kafkaesque nightmares for new Americans -- and one in five
U.S. residents is foreign-born -- result from immigrants innocent
mistakes, bizarre immigration service rules, lost documents, seemingly
inexplicable delays and arbitrary decisions by low-level officials. Here are
some examples drawn from the Catholic networks reports:
M and J, brother and sister, ages 20 and 21, had lived in
the United States since infancy. One evening they walked across the border into
Mexico to visit relatives, as Mexican-Americans often do. Though M and J were
not yet legal residents, petitions had been filed on their behalf by their
parents. On their way back, immigration agents asked if they were U.S.
citizens. They said yes. They believed they were citizens because they lived
here legally.
Because they claimed citizenship, these young people, raised and
educated in the United States, are now barred from living in the United States
with their permanent-resident mother and U.S. citizen stepfather. They were
ousted without recourse, and without notification to their parents, with no
chance of appeal.
Mr. and Mrs. U, migrant farm workers and legal U.S.
residents who live in Virginia, filed family-based visa petitions in 1993 for
permanent residency status for their children. Years later, when the U.S.
immigration service was ready to consider the petitions, two of the three
children had turned 21 and were automatically bumped into another category. In
the new category, there is an eight-year backlog before their residency claims
will be heard. As a consequence, the two faced possible deportation.
Their plight worsened.
Arrested during an immigration service raid on blueberry pickers
this year, and despite their approved visa petitions, the immigration service
decided to initiate deportation proceedings. If the three -- the two in the
over-21 category and the younger one, whose case is not yet completed -- do not
depart when ordered, they will face a permanent bar to any future residency
application.
Seventeen-year-old H arrived at a U.S. airport in November 1999,
and claimed asylum. A Muslim, and member of a persecuted minority clan in
Somalia, he was fleeing for his life after his parents had been killed.
Though he had no criminal history, the young Muslim was housed
with criminals. During Ramadan, the Muslim holy season, his religions
rules of fasting required that he refrain from eating during daylight hours.
For dinner he was served ham, which he could not eat at all. Another day, he
tried to save his lunch, a chicken sandwich, for dinner. He was punished with a
24-hour lockdown.
In 1999, America deported almost 180,000 people. Another 72,000
left voluntarily -- that is, they were threatened with deportation
unless they left on their own. Among the 20,000 in mandatory detention on any
given day are thousands of legal U.S. residents who years ago may have
committed a misdemeanor and paid their debt to society with a fine, probation
or short sentence. Theyve since lived as law-abiding wage earners, family
members and, often, churchgoers. However, the immigration service was given the
right to retroactively declare these misdemeanors felonies, making these people
deportable. Again, with no recourse.
Typically its the breadwinner who is deported.
Americans simply have no idea of the extent to which the
1996 act is marginalizing and impoverishing entire families, said Donald
Kerwin, chief executive officer of the Catholic Legal Immigration Network. He
means families in every town in America, people who may live on the next
block.
The only question is: Who is the major villain here?
said Kerwin. And certainly you can blame Congress for its 1996 mandatory
detention laws.
Kerwin and other clinic officials acknowledge that INS also is in
a bind -- the 1996 legislation is its overall mandate. The Clinton
administration and INS Commissioner Doris Meissner have made it clear they
dont agree with some of the excessive instances of regulation.
Kerwins network tries to rescue mandatory detainees from the
anonymity of isolated jails in Louisiana and elsewhere, where they may be
incarcerated with criminals, bereft of visitors and interpreters. The Catholic
network also tries to buffer immigrants from bureaucratic mazes created when
the U.S. immigration service suddenly shifts them elsewhere without
notification to families or attorneys.
Founded by the U.S. Catholic bishops in 1988 to support Catholic
legal immigrant work at the local level, and now operating 200 legal services
offices in 121 local settings, the Catholic network is the largest charitable
immigrant legal support agency in the country.
Through local Catholic Charities, diocesan agencies and
parish-based outreach, the network provides legal and technical assistance to
frontline groups of volunteers. These are federally accredited representatives,
pro bono lawyers and local church people who provide legal guidance or
spiritual and emotional caring to the detained.
Getting the word out
The local groups also feed the individual horror stories back to
the center where theyve become part of three published reports, and a
fourth about to be released. The three published reports are titled
Placing Immigrants at Risk: The Impact of Our Laws on American
Families; Citizenship at Risk: New Obstacles to
Naturalization; and Work Without Justice: Low-Wage Immigrant
Laborers.
In its fourth report, Needless Detention of
Immigrants, the network presents a comprehensive account of the
increasingly unconscionable immigrant and detainee rights abuses, neglect and
official obfuscation.
The downward spiral for immigrants and asylum seekers began in
1995 when Texas Congressman Lamar Smith, a Republican representing a suburban
Dallas constituency, introduced an extremely harsh anti-immigrant bill. It
failed to pass. The next year, with some Democratic backing, his less harsh but
still punitive 1996 Immigration Act was approved. President Clinton signed
it.
NCR contacted Smiths office to ask what motivated
Smiths bills, and in the light of the growing criticisms, to seek his
present assessment of the outcome of the new law.
In the absence of a press aide, the reply was a faxed opinion
article by Smith, Immigration Reforms Have Positive Results, which
reportedly was published by a Texas paper about two months ago. Smith wrote
that critics of U.S. immigration policies are mostly immigration lawyers
and self-appointed activists [who] represent special interests, not American
interests.
Said Smith, The 1996 legislation, called the most
comprehensive immigration reform in three decades by many Texas media, helps to
secure Americas borders, reduce crime, protect jobs and save taxpayers
billions of dollars.
The law provides the U.S. Immigration and Naturalization Service
with unprecedented resources, he wrote, and confronts illegal
aliens with tough new laws. The benefits are evident. Crime has dropped in
border communities. Drug cartels have been hampered. Illegal immigration has
slowed.
The legislation -- passed by the first Republican Congress
in decades, Smith noted -- has boosted the U.S. Border Patrol.
Agents tell me how much their jobs have changed since [its]
passage, Smith wrote. Before they felt powerless against illegal
aliens who vastly outnumbered them and knew how to avoid or exploit weak
federal laws to avoid deportation.
The organizations opposing the 1996 law, stated Smith,
represent the political left, not typical immigrants, and are
dependent on liberal foundations, huge corporations or other
organizations for their financial support, but not the Hispanic
rank-and-file.
Linked to Prop 187
NCR asked the Catholic networks Kerwin why the 1996
law was so evidently vicious.
Kerwin, eight years with the Catholic agency, said many people
link the 1996 law to a seminal event: Californias 1994
Proposition 187, most of which was found unconstitutional, which would have
denied schooling to undocumented children, created an informer culture and
required public officials to report undocumented people. That, said
Kerwin, was the pinnacle of anti-immigrant ugliness. It passed, I think,
by 57 percent. The U.S. bishops opposed Prop. 187 with everything in their
power, yet just barely did Catholics vote against it.
But it was that kind of atmosphere, he said,
that led to the 1996 act and made it possible. I think the tables have
turned some, he said, but unfortunately the bad laws are still in
place.
In 1999, U.S. Sen. Patrick Leahy, D-Vt., introduced the Refugee
Protection Act to limit and reform the expedited removal system,
the system that allows low-level officers of the U.S. immigration service to
summarily deport on the spot newly arrived, deserving asylum seekers or
immigrants whose paperwork is not in order. Their decisions are subject
only to a supervisors approval.
Leahy, introducing the bill, said U.S. immigration policy ignores
the fact that many asylum seekers are forced to travel without papers because
they are fleeing homelands at a moments notice. Unless, on arrival, they
request asylum immediately, or know they must indicate fear of persecution in
the country they left, they face expedited removal.
Though Leahys bill has 10 cosponsors, including two
Republicans, the GOP Senate leadership still has not slated the hearings Leahy
requested a year ago.
The Clinton administration actually favors several key reforms,
including legalizing the status of people who have been in the United States
since 1986, restoring the provision that allows people to become permanent
residents of the United States without first having to leave the country and
re-enter, plus permanent legal status for Central American refugees.
Permanent resident status allows an immigrant to live in the
United States permanently and lawfully. It is not the same as citizenship,
which allows a person to vote and other privileges. Permanent residents are
still subject to deportation if they commit a deportable offense.
Kerwin cited two great moral wrongs in the current approach. One,
he said, is the unnecessary detention of people in jails and prisons. They
dont have to be in jail, he said, but the immigration service wont
aggressively pursue alternatives, such as house arrest, supervised release or
electronic monitoring.
The other moral outrage, he said, is the detention of asylum
seekers who deserve U.S. protection but find themselves shunted into prisons
where conditions rival those in the troubled places they fled.
The Lawyers Committee for Human Rights has described that
situation: refugees detained for 36 hours, deprived of food and water,
shackled, often without an interpreter or using an interpreter who works
for the airline owned by the government they claim is persecuting
them.
Delays, disparities
Further, delays caused by the immigration service are Dickensian,
the demands Catch-22. The Catholic network documents them in its reports:
In Seattle, the U.S. immigration service processes a
permanent resident application in 90 days. In Phoenix it takes just under three
years.
U.S. citizen Tomas Rodriguezs Catch-22 bewilderment
began during his long wait for the U.S. immigration service reply to his
application for his wife, still living in Cuba, to join him. Finally, after a
year, the immigration service returned the application to Rodriguez stating
that he needed to include a biographic information form. In fact, the
already-completed form was in the packet the U.S. immigration service had
returned to Rodriguez.
Tens of thousands of new Americans want to bring in immediate
family members from abroad -- children, parents, siblings. The current wait for
U.S. citizens to bring in siblings is eight years. Kerwin said U.S. rules
require applicants who are members of families already in the United States to
be earning 125 percent of the federal poverty level. The earning minimum is
intended to guarantee that the new family member wont become a charge on
the state.
Seventy percent of all immigrant families cant meet
that 125 percent threshold, said Kerwin. About 20 percent of people
that come into Catholic Charities offices to seek family reunification -- who
otherwise would be eligible because of citizenship or permanent residency
status -- cant petition because they just dont have enough
money. Thats one-fifth of immigrant families, he said.
At the local level, the U.S. immigration service has deteriorated
into the arbitrary.
At naturalization hearings, the unfortunate immigrant discovers
the naturalization test is dependent not on uniform U.S. standards, but on
which immigration service officials are on duty that day. The services
loss of documents, its rudeness and reputation for officiousness and slowness
are legendary.
The Catholic network describes cases in which immigrants have had
to arrive at 3 a.m. outside U.S. immigration offices in order to reach the
naturalization counter before it closes at 5 p.m. Cost to the immigrant is not
only the high naturalization application fee -- raised from $95 to $225, a
one-time increase in the late 1990s, but also loss of work. The higher fee has
resulted in a 70 percent decline in naturalization applications because the
poor cant afford them.
If thats bad, theres worse.
Losing rights by accident
At the U.S. border, there are so many capricious provisions that
legal U.S. residents can lose their rights by accident. If you live in a
border community, said Kerwin, its possible you dont
know if youre a citizen or a permanent resident. And if youre a
permanent resident and mistakenly vote, you are permanently barred from the
United States. There is no waiver from that ruling. All these provisions are
impoverishing stable, settled families. Theyre tearing families
apart.
In addition to aiding the 121 Catholic groups working directly to
assist immigrants around the United States, the Catholic networks staff
confronts these harsh realities firsthand. The 51 full-time staffers represent
detainees at immigration service hearings and work one-on-one at desks in
immigration centers with the detained.
Inside compounds operated by the U.S. Immigration and
Naturalization Service, Catholic agencies can represent detainees, as well as
present know your rights programs. Unlike the federal and state
prison systems, the immigration service has no system of chaplains to provide
spiritual care to those detained.
Jesuit Fr. Michael Gallagher, who worked in the El Paso, Texas,
facility until this summer, served in that facility as an attorney, not a
chaplain. Any spiritual care provided around the country is ad hoc, dependent
on local volunteers, and their ability to persuade the U.S. immigration service
to let them provide the programs.
If that spiritual support includes Bible studies that mention
Matthew 25, as it did in Elizabeth, N.J., late last year, then agencies can
suddenly find themselves locked out of helping those locked up.
Last Christmas, the immigration service canceled Bible studies in
the Elizabeth Immigration Detention Center. In Newark, Jesuit Refugee
Services Will Coley explained that the lectionary reading for the week
was Matthew 25, in which Jesus tells his followers to welcome strangers and
comfort those in prison. The Jesuit Refugee Service had been running the
program for two-and-a-half years.
To Andrea J. Quarantillo, director of the immigration
services Newark office, Matthew 25 was holding out too much hope. She
ended the Jesuit Refugee Services Bible class, she said, because Matthew
25 dealt with detention issues. Matthew (25:31-46) is a very
rich passage, Quarantillo later commented, and the volunteers could
have spoken for weeks about the passage and never gotten to detention.
Also canceled were the English-language classes initiated by the Jesuit Refugee
Service.
Bible studies are now provided by local Episcopalians.
Meanwhile, the Catholic Legal Immigrant Networks reports,
like Matthew 25, hold out promises of change.
CLINIC at a glance |
Established by the U.S. Catholic bishops in 1988, the
Catholic Legal Immigrant Network, sometimes known as CLINIC, offers legal and
technical assistance to Catholic Charities offices and dioceses in 121
locations nationwide.
These local offices work through the Bureau of Immigration
Appeals to provide refugees and immigrants with educational programs concerning
their rights, and provide social and spiritual support.
Local programs frequently are funded through foundation
grants. The Catholic network raises between $4 and $6 million annually. Its
staff of 51 attorneys and experts is supported by U.S. Catholic bishops through
the budget of the U.S. Catholic Conference in Washington.
Some network attorneys in regional offices work directly
with the detained through a Jesuit Refugee Service fellowship program, which
draws students from Jesuit law schools in New York, Boston, Los Angeles and New
Orleans.
Contacts: the Catholic networks Website:
CLINICLEGAL.org
E-mail: national@cliniclegal.org
Jesuit Refugee Service,
contact:JRSColey@aol.com. |
National Catholic Reporter, September 29,
2000
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