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Link: Immigration Policy Generic - Critical Racial Reality Index

Link: Immigration Policy Generic


Immigration enforcement has a institutional bias against people of color



Hing 9,

Professor of Law @ UC Davis



Bill Ong “Institutional Racism ICE Raids and Immigration Reform “ University of San Francisco Law Review Fall 2009

During their interviews with ICE agents at the plant, the alleged undocumented workers were asked if they had children, but were not told that one of the parents would be allowed to remain to care for them. ... Immigration Policy This Article contends that the evolution of

immigration laws and the manner in which immigration laws operate have institutionalized bias against Latino immigrants - Mexicans in particular - and Asian immigrants.

...

By the mid 1990s, eighty-eight percent of the Border Patrol's agents were stationed along the Mexican border, and southern border apprehensions accounted for ninety-eight percent of all border apprehensions

. . ...

The categories of deportable aliens include the following: those who are in the United States in violation of the immigration laws (e.g., entry without inspection, false claim to citizenship); those non-immigrants who overstay their visas or work without authorization; those who have helped others enter (smuggled) without inspection; and those who are parties to sham marriages.

...

From Dehumanization and Demonization to Criminalization The institutionalized 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. ... Given what we now know about the evolution of the immigration selection system, initial attention should be paid to the number of visas that are available to Latin and Asian countries. ... They have been set up by the vestiges of blatantly racist Asian exclusion laws, a border history of labor recruitment like the Bracero Program, Supreme Court deference to enforcement, and border militarization that laid the groundwork for current laws and enforcement policies.

... Many in the immigrant rights movement argue that the appalling effects of ICE raids, deaths at the border that result from its militarization, horrible backlogs in family immigration categories, immigration detention conditions, and the lack of second chance opportunities for longtime, lawful permanent residents convicted of aggravated felonies are sufficient bases for overhauling immigration laws and enforcement policies. ... As long as we remain mired in the belief that we need to prevent undocumented workers from working in the country through an employer sanctions system, workers will continue to get deported, families will be separated, and communities will suffer damage.

Immigration raids and how they are conducted are filled with racial overtones that hurt people of color



Hing 9,

Professor of Law @ UC Davis



Bill Ong, “Institutional Racism ICE Raids and Immigration Reform “ University of San Francisco Law Review Fall 2009

ON A COLD, RAW DECEMBER MORNING in Marshalltown, Iowa, Teresa Blanco woke up to go to work at the local Swift meat packing plant.

Hundreds of others across the town were doing the same thing, in spite of the miserable mixture of sleet, mist, and slush that awaited them outside their front doors.

As they made their way to the plant, the workers, who were from Mexico, did not mind the weather. n1 Unfortunately, the workers' day turned into a nightmare soon after they reported for work.

Not long after the plant opened, heavily armed agents from the U.S. Immigration and Customs Enforcement agency ("ICE") stormed onto the scene. Pandemonium broke out. The workers panicked; many began to run; others tried to hide, some in dangerous and hazardous areas. n2 As the ICE agents began rounding up all the workers, they ordered those who were U.S. citizens to go to the cafeteria.

Noncitizens were directed to a different section of the plant.

Agents shouted out instructions: documenteds in one line, undocumenteds in another. If an agent suspected that the person in the citizens' line was undocumented, the agent would instruct the person to get into the undocumented line.

More than one individual was told, "You have Mexican teeth.

You need to go to that line [for undocumented persons] and get checked." n3 [*308] The nightmare was only beginning. Although supervisory ICE agents carried a civil warrant for a few individuals, the squad demanded that all plant employees be held, separated by nationality.

That included U.S. citizen workers who were interrogated and detained. No one was free to leave - not even those who carried evidence of lawful status or proof they were in the process of seeking proper permission to be in this country. Each was interrogated individually. The process took the entire day, and phone calls were not permitted until later in the day. By the end of the day, ninety were arrested, but hundreds, including citizens, had been detained for hours.

The entire community was shaken to its core. Although immigration raids are not a recent phenomenon, this Article focuses on a few egregious ICE raids that occurred after President Bush's push for immigration reform in 2004. n4 I had the opportunity to learn more about several such raids first hand as part of a commission that was established by the United Food and Commercial Workers International Union in 2008. n5

The Commission spent more than a year holding regional hearings, interviewing witnesses, and soliciting input from a wide range of workers, elected officials, policy experts, psychologists, and religious and community leaders. Commissioners learned about the abuse that ICE officials visited upon workers, their families, and the communities.

This Article's discussion of ICE raids addresses racial profiling, the trauma to children and families, the damage to communities, and some legal considerations.

Descriptions of ICE raids challenge us to think more seriously about the underlying racial implications of those raids. The tragic effects on families and communities, as well as the serious constitutional violations committed by ICE agents during the raids, provide ample moral and legal justification to end the raids. The inherent racism at the center of the ICE raids and other ICE and Border Patrol operations raises further concern that receives little public attention.

With few exceptions, the ICE operations targeted Latinos - usually Mexicans. The exceptions were Chinese restaurants and other businesses that relied on workers of color. That racial effect is the focus of this Article and the basis for advocating that both immigration policies and ICE enforcement need to be rethought.

2014-07-19 18:44
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