Joining Immigration Dragnets Erodes Local Cops' Anti-Crime Efforts
New America Media, Commentary, Juan Pacheco, Posted: Dec 29, 2005
WASHINGTON, D.C.--Ernesto (not his real name) lived in Virginia with his partner, who was pregnant with their child. A native of El Salvador, Ernesto entered the United States seeking work so that he could support his growing family. He worked multiple jobs, the most recent as a busboy in Virginia.
In April 2005, Immigration and Customs Enforcement (ICE) agents raided a carnival near the Springfield Mall. Ernesto was arrested in the sweep and placed in a detention center in Farmville, Va., where he awaited his deportation hearing. Ernesto knew he couldn't stay in the United States, but he wanted to be released for a short period, under a form of immigration relief known as voluntary departure, so he could take care of his partner before leaving. Little did he know that because he was arrested under "Operation Community Shield," a joint ICE-local police national program to arrest alleged violent gang members, his application for voluntary departure would be denied.
But Ernesto wasn't in a gang. The most serious crime he ever committed involved a minor driving offense. But in Immigration Court the mere allegation of his gang membership was enough for the judge to deny Ernesto's request. Though there was no evidence supporting gang affiliation, the judge ruled that Ernesto was too much of a public safety threat to be released.
Ernesto remains in detention, unable to care for his wife, who is in her seventh month of pregnancy. She will have to rely on public benefits to get through this difficult time. And Ernesto will be in detention through the holidays, waiting for ICE to deport him to El Salvador.
In response to this ICE initiative, immigration advocates, youth violence prevention groups and community service organizations on Dec. 20 held press conferences in Los Angeles, San Francisco, Washington, D.C., and Florence, Ariz., expressing grave concerns about Operation Community Shield and similar programs that seek to turn local and state police into immigration agents. We demanded to know the extent of cooperation of the police in immigration raids. In the Washington, D.C., metropolitan area alone, 101 arrests have been made -- the highest in the nation.
We want to make it crystal-clear that we are opposed to gang violence. Our groups represent communities whose youths and families have been most hurt by gang crime. But the media sensationalism around gang activity and violence has reached a fever pitch, even in the face of government data showing that gang violence dropped 73 percent from 1994 to 2003.
Influenced by such distorted depictions, lawmakers have designed bills using "terrorism" models to combat gang violence, even when the FBI and the National Alliance of Gang Investigators Association have stated that any connection to terrorism is "speculative."
Consider Judiciary Committee Chairman James Chairman Sensenbrenner's H.R. 4437, a bill recently passed by the House. This harsh bill would further criminalize non-citizens by making unlawful presence a felony crime; make any friend, co-worker, co-congregant of an undocumented immigrant into an "alien smuggler" and a criminal; broaden the range of offenses that will make the offender deportable; make it harder for someone to get lawful permanent residency; and officially turn police into immigration agents.
Turning police into immigration agents means that ultimately, our streets will be made less safe for everyone. That's because non-citizen victims of crime will be afraid to file reports with the police if doing so could bring the risk deportation. The ICE-local police initiative undermines the hard-won trust between immigrant communities and the police and disrupts community policing programs. Important resources are diverted from local police priorities to making immigration arrests. Turning police into immigration agents will, in all likelihood, worsen crime rates, not reduce them.
Local police enforcement of immigration law also exacerbates racial profiling. Think of how many times we hear that tattoos or baggy clothes of certain colors are "definite indicators" of gang membership. Those of us who work with gangs know that it's not always so clear-cut. Many youths "age out" of gangs but remain stuck with their tattoos because they can't afford to have them removed.
Sensenbrenner's bill will result in hardship to immigrants, their children, family members, employers, fellow students and community members who depend on and benefit from their presence, productivity and important contributions. Like previous enforcement-only immigration "reforms," the bill will only drive immigrants and refugees further away from fully participating in U.S. society, making them more prone to exploitation and more vulnerable to the real criminals, such as professional smugglers and traffickers.
Reform efforts that focus on enforcement alone haven't worked to bring about a rational or effective immigration system because they ignore the complex realities of existing family ties and the needs of employers and employees alike. For immigration reform to be truly effective, it must balance appropriate enforcement measures with a workable admissions, employment and family unification program.
Enlisting local police to enforce immigration law has already torn apart immigrant families. Just consider Ernesto, his partner and their soon-to-be-born infant.
Juan Pacheco, a 27-year-old youth organizer for Barrios Unidos, Inc. in Northern Virginia.
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User Comments
ruth Duarte on Feb 22, 2006 at 03:57:59 said:
I am working in a immigration paper. I would like to address the immigration issues on Dominican Republic and Mexican population. Can you please help me with resources?
Your assitance would be highly appreciated
Thank you,
Ruth
David Wright on Jan 05, 2006 at 10:36:56 said:
I am amazed at the intense hostility of these responses. Eventually this will happen to people they know, members of their churches, neighbors, fellow parishioners. When it happens, they'll be SO surprised at the violation of basic due process rights we all think we have as Americans.
Ernesto is NOT asking for taxpayer help: he wants to support his girlfriend like any responsible guy. Guys who have gang tattoos DO have evidence of gang membership, and Immigration does not hesitate to cite it in court. They didn't here. QED. He's not asking not to be deported. He's asking for something called "voluntary departure" - the right to leave on his own ticket instead of in chains. Operation Shield means even though the judge KNOWS Ernesto is NOT a gang member, he has to keep him in jail (on the taxpayers' ticket) instead of giving him bail because there is a false accusation in the file. There's no right to question such an accusation. This is not how US law is supposed to work.
keanolo on Jan 04, 2006 at 11:44:26 said:
Mr. Juan Pacheco is nothing more than another spologist for the illegal aliens. He refuses to see or admit the misery illegal immigration has brought to this country. He should act like an American or pack up and leave for the cesspool latin country he hails from.
Kevin Murray on Jan 03, 2006 at 12:01:58 said:
Yea, My Grandparents came to N.Y. from Ireland, but failed to meet there sponsers and were shipped back by boat to Ireland. Yes, we are a land of legal immigrants; not a land of illegal immigrants. We embrace legal immigrants, but report illegal ones. You people always try to confuse the issue, which is wether or not, one comes here by the legal route or not.
Dave Martin on Dec 29, 2005 at 23:14:08 said:
Ernesto is a criminal plain and simple.
He and all like him, illegally in the country, must go. Employers who hire them must be jailed.
The taxpayers are being raped by illegals. ENOUGH IS ENOUGH!!!
Susan Robbins on Dec 29, 2005 at 22:36:38 said:
We have enough legal American citizens on welfare. Why must we support illegal intruders.
Send Ernesto home
Jerry on Dec 29, 2005 at 20:21:25 said:
Quick, somebody call a Waaah-mbulance, we\'ve got a bad case of bleeding heart here.
If arrested under operation Community Shield, \"Ernesto\" is most likely a member of the MS-13 gang. Do a search for \"Mara Salvatrucha\" to see what kind of fine upstanding young man \"Ernesto\" is, and what an asset he is to the community.
Notice that the liberal crying about \"no proof\" of gang membership isn\'t posting any pictures of Ernesto\'s chest, back, neck, or his forearms. If we knew his real name we could get that from most corrections websites, and I\'d bet not only is that why we don't have his real name, but also that \"Ernesto\" has the letters MS and the number 13 tatood somewhere on his body.
Vicki Morin on Dec 29, 2005 at 16:42:39 said:
I find it relatively amazing that these illegal immigrants continue to exploit the unborn and young to maintain their rights to be in the United States.That's an enourmous burden to place on a child. First, the parent is responsible for the child. The child grows up living in defiance of the laws here, being forced to choose who it will be more loyal to, the illegal parent, the laws or the race. That places the child in the position of being responsible for protecting the law breakers(parents) and ignoring his own rights.Moral justifications over separation of family because of deportation doesn't make things right.The first wrong was when the parent allowed the child to be used as an excuse of why he should remain in the US.The child has/had no choice.Isn't the law supposed to protect the rights of an innocent child who has no choice when the parents make the wrong decisions? mmocent
Patrick Tunney on Dec 29, 2005 at 10:43:07 said:
Try Sensenbrenner's bill and enforce the laws.
We tried Ronald Regan’s approach and look were it got us.
david harcourt on Dec 29, 2005 at 08:14:44 said:
Juan....
The U.S.A is becoming a third world cesspool. The reason is millions of Mexicans et.al.invading the southern border.I owe them nothing.Como denuncear illegalis.
David in Las Vegas
J. Johnson on Dec 29, 2005 at 06:06:36 said:
"Ernesto, his partner and their soon-to-be born infant" have no business being in this country and need to leave.
Jim Roberts on Dec 29, 2005 at 05:38:11 said:
If some innocents are caught-up in this new law enforcement process, then so be it. I will start altering my views on illegals when their various support groups start showing some justified outrage at foreign goverments (Mexico=20bn in remittances.
Kathy Lawrence on Dec 29, 2005 at 05:23:41 said:
I am considering Ernesto, his partner and their soon to be born infant.
-->If Ernesto had not come here illegally he would not have made his partner pregnant.
He knew he was here illegally so what was he doing in making his partner pregnant knowing he could be deported.
His partner knew he was here illegally and assumed the risk that she would be pregnant by someone here illegally and he would be deported.
The soon to be born infant is no worse off than any other spawn of any other criminal. Once we start refusing to prosecute criminals because of their children, we are in real trouble.
Pack him up and send him back immediately.