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Why do they chase you, Wetback / If the Consul in the heavens has already granted you a visa?

"Why do they chase you, Wetback / If the Consul in the heavens has already granted you a visa?"
-- Ricardo Arjona, in Mojado

An immigration march in L.A. recently drew more than 500,000 activists to downtown L.A.  demanding that Congress abandon attempts to make illegal immigration a felony and to build more walls along the border.

This is but one example of the national solidarity that we are seeing sweep across the United States for undocumented workers. Black, white, brown brothers are standing in solidarity across several cities in the U.S. to say, "Si se puede," "Mexico" and "USA"  and no to bill HR 4437 and yes to S. 1033. Our brother Jose from bluelatinos writes: Immigrant America is Rising

The time is now to stand in solidarity.

More and more people are getting sick of the xenophobia and are uniting in action to protest this immoral legislation that unfairly targets undocumented workers and makes them scapegoats for the country's worries and fears. Our undocumented brotheres and sisters are a source of labor for much of America's economy and they are forced to live on the fringes as a permanent and forcibly invisible second class while the big corporations benefit from their tenuous status. It is time we say "basta" and make things right.

As Progressives, we have a moral obligation to raise this to the top of the list of issues that we are concerned about. True there is the war. True there is Katrina. & the third big issue, as far as I am concerned is immigration.

It is time for progressives to take a stand on this critical issue- Now.

Some are saying that this is the next Civil Rights movement. I hope they are right.

Building on the tremendous work of those that came before us we are now called to take action to defeat racist attacks against minorities and immigrants, demand full and equal rights for all immigrants.

Monday, April 10th is the National Day of Action to Defend Immigrants Rights. It has been  declared a national day of action to defend immigrant rights by the AFL-CIO leadership, the Leadership Conference on Civil  Rights, U.S. Hispanic Chamber of Commerce, Change to Win Coalition,  and other organizations. Faith based organizations across the nation are also taking part in these efforts. As of this morning, at least 10 cities around the country had already made the commitment to participate. There will be marches, protests and teach ins across the nation. I hope you will organize or attend one in your local community.

Like Ricardo Arjona we must ask ourselves, how can we let the xenophobia continue?... After all, the consul in the heavens have already granted our brothers and sisters their visas... Earlier this month the L.A. Times picked up and covered the Arjona song, "Mojado".

I thought that in light of this burgeoning movement and as progressives you would find the coverage interesting.

I hope when it is all said & done you will stand in solidarity with us.

Border Saga in Song, With Migrant as Hero
In "Mojado," Ricardo Arjona adds his voice to the heated debate on a divisive topic.
By Agustin Gurza, Times Staff Writer
March 13 2006

In the provocative new music video for his latest single, "Mojado" — or "Wetback" — popular Latin American singer-songwriter Ricardo Arjona stands on a Tijuana beach at the dividing line between Mexico and the United States. Stretching behind him is the controversial new wall being built to separate the two countries. In front of him is the vast, unfenced sea.

The jarring juxtaposition underscores the pro-immigrant message of this Guatemalan-born artist: Man may make borders, but God created the Earth for everybody. In a Spanish-language verse that is bound to inflame the already superheated debate on the issue, Arjona cloaks illegal immigration in a mantle of morality:

Why do they chase you, Wetback / If the Consul in the heavens has already granted you a visa?

Though the video was filmed on Mexico's northern border, Arjona says the lyric applies equally to its southern frontier with his native country where Guatemalans are allegedly mistreated trying to enter Mexico.

"Without a doubt, the solution lies less with the United States than with our own countries because they have been unable to sustain their own sons and daughters on their own land, forcing them to look elsewhere for what they can't find at home," Arjona said in a phone interview from his home in Miami. "Now that doesn't mean that people who cross the border without papers should be treated like animals. That's another story."

With "Mojado," the singer launches the latest salvo in one of the most divisive issues facing the U.S. today. He also echoes the views of Cardinal Roger M. Mahony, who recently championed the cause of the undocumented during a defiant Ash Wednesday sermon, urging priests to oppose a proposed law requiring churches to check immigration documents before offering assistance to the needy.

Arjona says the momentum of the debate so far has been unfairly tilted toward border-control advocates, prompting him to speak out on the other side.

"People get used to hearing the news every day on television or in the papers, but when you hear it in a song, the problem takes on a different shading," he said. "I felt bombarded by the constant assault of news … people who die trying to cross, the speeches from politicians who came as immigrants to this country and now stand completely against other immigrants. It all hit me as an author and this song is the result."

There is a long and storied tradition of Mexican artists speaking out in support of undocumented immigrants. One of the most popular and audacious examples is the 1980s norteño classic by mariachi superstar Vicente Fernandez, "Los Mandados," in which an illegal immigrant boasts about being deported hundreds of times and admits beating up gringos as revenge for beatings he suffered at the hands of La Migra.

But this is the first time in recent memory that a Guatemalan artist, especially one of Arjona's stature, has weighed in on the issue musically, and with a video that is being broadcast on Spanish-language music stations in the United States.

For "Mojado," Arjona joined forces with one of the most popular norteño bands, Texas-based Intocable. The unusual duet — combining artists and styles from separate pop music realms — adds power to the song and weight to its message.

"I think the song can be easily adapted to any reality," said Arjona. "It could apply to Spain's reality with the people from Africa, and to many other places. In fact, it's a universal problem that confronts us constantly — the enormous discrimination that exists against these people, the little worth that is given to their huge labor force."

The U.S. Border Patrol gave permission for the two-day shoot in November, says the video's Los Angeles-based director, Simon Brand. But the federal agency also issued a warning in case a crew member decided to slip illegally into the country: "If we see someone running, we're going to shut you guys down."

The black-and-white video — which also features interviews with migrants poised to cross the border illegally — was recorded at various locations near the I-5 junction with the border in Chula Vista. At the beach site near a Tijuana bullring, the border wall being built by the U.S. remains under construction. Posts have been placed in the sand, leaving enough open space between them for somebody to walk through.

If viewers could pan back for a wider shot, they'd see the cinematographer's dolly track laid out on the beach, straddling both countries on a strip of sand. The moving camera was able to go where the predominantly Mexican video crew could not — back and forth freely from one side of the border to the other. The Border Patrol's fears were ultimately unfounded: Mexican crew members were so worried about making a false step they almost tiptoed when coming right up to the line to take close-up shots of border markers.

"I just found it very interesting that you take one step and you're in another country," said Brand in a phone interview from his native Bogota, Colombia. "The crew was very sensitive about not stepping on the U.S. side, but all the immigrants we were shooting, they didn't care. They weren't nervous at all."

Brand was in Colombia to cast his new feature film, "Paraiso Travel," about a star-crossed Colombian couple who immigrate through Mexico to New York in pursuit of happiness, only to find hardship. Although he was familiar with immigration issues, he says he learned much about its human dimension while talking to real migrants for the "Mojado" video shoot.

One man, he said, had lived in the U.S. for 30 years and was working at a naval base painting ships when he was deported. He was poised to cross the border and get back to his family and the only world he had known since childhood.

"When you hear their stories, it's so moving," says Brand, 35, who became a naturalized citizen after immigrating to the U.S. 16 years ago. "I'm an American, and I always hear what we have to say, but you never hear the other side of the story. That's what I was exposed to now, and it was very compelling to me."

Known for his socially conscious songs, Arjona, was honored in Los Angeles this week by ASCAP, the composers and songwriters association, with its Heritage Award for his career contributions to Latin music.

He originally wrote "Mojado" three years ago for solo acoustic guitar and had planned to perform it on "Premios Lo Nuestro," a popular Latin music award show airing nationally on the Univision television network. But he says producers thought the theme was "too strong" compared to the normally tame fare on Spanish-language TV.

Arjona resurrected the number for his recent album, "Adentro," and Intocable added the norteño arrangement. The new version starts with Arjona's original mournful guitar, then breaks into the punchy, accordion-driven beat that is so popular among Mexican migrants.

The upbeat treatment, says the songwriter, makes a somber topic much more accessible to the public. "I was surprised how the song was transformed by the arrangement," Arjona says. "It gives the tune a power it didn't have before."

"Mojado" debuted at No. 50 this week on Billboard's Hot Latin Tracks; it ranks No. 27 for airplay on regional Mexican stations, according to Radio & Records, a trade magazine.

Arjona admits it's not the kind of number that burns up the charts, but he's satisfied that it's been steadily finding a receptive audience: "A song never starts a revolution … but it can provide the accompaniment."

http://www.latimes.com/entertainment/news/la-et-border13mar13,1,5770906.story?coll=la-headlines-entnews

Posted by Kety Esquivel on March 27, 2006 at 08:11 PM | Permalink

Comments

This just in-

The East Bay for Democracy Steering Committee just voted to support the National Day Of Action To Defend Immigrant Rights.

Janet Stromberg
Berkeley, CA

Posted by: Kety Esquivel | Mar 27, 2006 8:14:29 PM

Our friends at bluelatinos.org have sent out the following alert:

Dear BlueLatinos.org members,

Immigrant America is rising and fighting back the anti-immigrant hysteria that is rolling through the country like a thick, deadly fog. This past week over a million people marched in cities all across America demanding respect for workers, justice for immigrants, and honor for America's values.

Now we need to channel that same energy and get our elected representatives to stop ignoring our message: NO to H.R. 4437 and YES to S. 1033. We need to march right into their offices and demand that they fix the broken immigration system by enacting the McCain/Kennedy bill.

Now is the time to stand up and be heard.

http://www.bluelatinos.org/congress

Make no mistake; anti-immigrant groups are wasting no time calling their Senators, flooding them with hate-filled messages to scare them into paralyzes. We must do more. We must burn our Senator's phone lines with messages of hope and justice. Call your Senators today and leave them this simple message:

"Hi my name is _____ and I live in _____. I'm calling to ask Senator ______ to vote against Senator Bill Frist's immigration bill, and support Senators McCain's and Kennedy's comprehensive immigration bill, S. 1033. Our country needs a complete overhaul of our sadly broken immigration system. Thank you."

Your call will help save America from the hate-driven anti-immigrant lobby that wants to wall-up our country, take babies their birthright, and deport millions of mothers, fathers, brothers, sisters. Indeed, they want nothing short of deporting us all.

Don't let them have the last word. Do your part. Call your Senators today. If you have called your Senators, call them again. And after you call them today, make sure to call them again and again throughout this week. They must hear from us - repeatedly. Let's burn their phone lines with our calls for a just and honest immigration reform.

http://www.bluelatinos.org/congress

Juntos Si Podemos!

In solidarity,

José Quiñonez, BlueLatinos.org

P.S. Email us with information regarding your community's efforts to fight HR 4437. We'll post it on BlueLatinos.org website so that others in your community can participate. Don't know of any protest in your area? Organize one yourself. It only takes two people standing outside a Senator's office - one holding a protest sign and another to take a picture! Let us know how we can help.


Posted by: Kety Esquivel | Mar 27, 2006 8:21:17 PM

We at CrossLeft.org sent out the following alert to the memebrs of the Progressive Christian community and are working with other Progressive Christians to respond to this attack on the "least of these"

http://www.crossleft.org/?q=node/1185

"....The second is: You shall love your neighbor as yourself. There is no other commandment greater than these."
- The gospel of Mark; chapter twelve, verse thirty-one

Recently, the House passed The Border Protection, Antiterrorism, and Illegal Immigration Control At of 2005 (HR4437). This bill expands the definition of "alien smuggling" to include assisting a person to remain or attempt to remain in the United States when the "offender" knows the person is in the United States unlawfully - thereby treating social service organizations, refugee agencies, churches, legal services, and others the same as smuggling organizations and imposing criminal penalties for providing such assistance. Even family members and charitable workers could face federal prison time for assisting undocumented immigrants.

We at CrossLeft are dedicated to following the will of Jesus. When someone is hungry or in need of clothes, we believe that no able being in good moral conscience can turn them away. Jesus Christ tells us in the gospel of Matthew, chapter 25 that what we do for the "least of these" we do for Him. Will the employees and volunteers of clinics, churches, and soup kitchens be tried and jailed for refusing to ignore the needy soul who is hungry?

The Hebrew Bible tells us to care for the fatherless, the widow, and the alien (Jeremiah 7.5-6). In the Christian New Testament, Jesus shares with us the parable of the Good Samaritan (Luke 10.25-37). We are taught in this parable that our neighbors are not just those who live next door to us. Rather, our neighbors are every person we encounter. What's more, Christ said that we should go and practice that same mercy and goodness that the Good Samaritan displayed in the parable.

Please understand, to those of us at CrossLeft, this is not a political issue; this is a moral issue. We are declaring our disapproval with a law that will potentially punish those who attempt to help others with the basic necessities of life regardless of their nationality or their citizenship. For the House of Representatives, whose partisan majority declared to have the monopoly on morality during the 2004 election campaign, this proposed bill is a far cry not only from those declarations but from the teachings of the Savior that many of them claim to embrace. It is our sincere prayer that those in the Senate are moved to reject this bill with its current provision that would deny the basic rights of life and care to those in need.

Come join the growing movement of Progressive Christians at CrossLeft. www.CrossLeft.org. Be sure to register on the site to receive action alerts and to post your thoughts.

Sincerely,

The CrossLeft Community

Posted by: Kety Esquivel | Mar 27, 2006 8:24:47 PM

Wow - that's a lot of frustration coming out of your message. What struck me most about your comments, Kety, was the amount of fear our current government puts into people [including it's own citizens]. Fear to stay away, and fear to go - because there is no other choice.
So too, that there is this need to censor emotion - "not the usual tame fare" - it's time to aggressively express that fear, our anger, and our determination not to be closed down...

Posted by: Bob | Mar 27, 2006 8:26:25 PM

Kety,

Thanks for blogging tonight with very little notice. Can you please define what is in bill HR 4437 that is to be opposed and contrast why S. 1033 is better?

Thanks!

Posted by: Charlene | Mar 27, 2006 8:27:03 PM

Char, Some info on HR 4437:

Legislation Pending in Congress!

Something akin to a panic has descended upon the immigrants’ rights community with the introduction in December 2005 of Republican House Judiciary Committee Chairman Sensenbrenner’s HR 4437, The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. Passed last week in the House and poised to move quickly through the Senate, if passed, HR 4437 could signal some of the most sweepingly dramatic changes in immigration law since the now infamous Illegal Immigration Reform and Individual Responsibility Act (IIRIRA) of 1996 and could actually surpass that law in gutting judicial review and eroding due process.

Nothing in the bill provides a comprehensive and realistic plan for our immigration system to enhance border security, support economic growth and provide a legal means to lawful permanent residency for the millions of hardworking undocumented immigrants and their families in the United States. Nearly 500 organizations, including a wide variety of civic, religious and business groups are opposing this legislation. Below is a summary of just a sampling of the areas of greatest concern to the ILRC. See also www.ilrc.org/criminal.html for more information about drastic possible changes regarding immigration consequences of criminal convictions that would result if HR 4437 were passed.

* HR 4437 criminalizes organizations and individuals assisting undocumented immigrants

HR 4437 greatly expands the definition of “alien smuggling” to include assisting a person to remain or attempt to remain in the United States when the “offender” knows the person is in the United States unlawfully – thereby treating social services organizations, refugee agencies, churches, legal services and others the same as smuggling organizations and imposing criminal penalties for providing such assistance. Even family members and charitable workers could face federal prison time for assisting undocumented immigrants.

* HR 4437 criminalizes undocumented immigration status

Under current law, presence in the United States without valid status is a civil violation, not a criminal act. HR 4437 would create a new federal crime of “unlawful presence” and would define immigration violations so broadly as to effectively include every violation, however minor, technical or unintentional, as a federal crime. In addition to permanently barring the entire undocumented population – including 1.6 million children – from the United States, this would also lead to the tragic separation of families as undocumented members of mixed-status families would never be able to secure lawful immigration status in the United States.

* HR 4437 grants state and local law enforcement agencies “inherent authority” to enforce immigration laws

HR 4437 would grant law enforcement agencies the authority to investigate, identify, apprehend, arrest, detain and transfer to Federal custody immigrants they find in the United States. When police act as immigration enforcement agents, it undermines their ability to keep communities safe because immigrants and their family members will be scared to report crimes, fires, and suspicious activity out of fear of exposing themselves, families or neighbors to police. Inevitably, crimes will be left unsolved and the safety of entire communities will be compromised.

* HR 4437 furthers the erosion of due process

Our immigration laws provide that some individuals in removal proceedings can be granted voluntary departure – essentially leaving the United States on their own, with their own money – at the conclusion of the immigration hearing process. This is an important alternative to receiving a removal order because it allows an immigrant to reenter the United States lawfully in the future, despite having been in removal proceedings in the past. It is only granted to individuals with good moral character at the discretion of an immigration judge. Under HR 4377, noncitizens would be required to waive all rights to any further motion, appeals or petition for review related to removal or protection from removal in order to be granted voluntary departure, essentially barring them from a list with their family in the United States

Currently, various circuit courts have ruled that immigration officials may be prohibited from simply removing an individual from the United States without a hearing, based on the reinstatement of a prior removal order. HR 4437 purges this appellate court precedent. As a result, if passed, HR 4437 would strip the rights of immigrants with prior removal orders to any sort of hearing before being removed again.

HR 4437 would also eliminate the ability of any person who wishes to enter the United States on a nonimmigrant visa (such as a tourist visa, a student visa, etc.) to have a hearing before an immigration judge in the event that he or she is later charged with an immigration violation. This is because HR 4437 would prohibit the issuance of a nonimmigrant visa unless the applicant first waives his or her right to any review or appeal of an immigration officer’s decision.

* HR 4437 expands the costly detention of immigrants

HR 4437 would require the Department of Homeland Security to detain all noncitizens apprehended along the border until they are removed from the United Statues – thus filling up already overcrowded and tremendously costly facilities as detainees wait for final decisions on their cases. To address the overcrowding issue, HR 4437 authorizes an increase in DHS detention capacity by contracting with state and local jails – thus further criminalizing immigrants by placing them in criminal facilities.

* HR 4437 guts the federal courts’ authority to review immigration matters

HR 4437 would prevent courts from reviewing any application for naturalization denied because of a discretionary determination of ineligibility based upon “any relevant information or evidence.” This gives the immigration agency practically unfettered authority to deny naturalization applications with no judicial review.

HR 4437 also completely eliminates judicial review where noncitizens visas are revoked and is a specific attempt to remove courts’ ability to review consular decisions.

For the few remaining immigration cases that could be reviewed by an appellate court, HR 4437 implements an unprecedented system whereby no appellate court review is available unless a single judge certifies that the petitioner has “made a substantial showing that the petition for review is likely to be granted.” The decision of the single judge to deny certification for review would be not be open to appeal or review of any kind.

* HR 4437 turns many minor crimes into aggravated felonies, which carry the worst possible immigration consequences

Because aggravated felonies are supposed to be reserved for the worst and most violent of crimes such as murder and rape, they carry the most serious immigration consequences. HR 4437 would make makes minor offenses aggravated felonies, with same concomitant consequences. As a result, misdemeanor drunk driving offenses, mere presence in the United States without documentation, assisting an undocumented immigrant to reside in the United States, and minor accessory roles in the criminal conduct of others would all qualify as aggravated felonies. Most of these changes would be retroactive, meaning that someone who committed an offense 20 years ago that was not a deportable offense then could be charged with an aggravated felony now. By making these offenses aggravated felonies, HR 4437 seeks to treat those who commit nonviolent, negligent acts or omissions the same as those who have acted with criminal intent to injure. Regardless of whether it is a major or minor crime, the mere characterization as an aggravated felony will trigger the same immigration consequences – mandatory deportation, mandatory detention, disqualification for almost all immigration benefits, permanent banishment from the United States without hope of lawful return, and the inability to present any equities to immigration judges regardless of how long the immigrant has been in the United States and how many ties he or she has here. Those at risk include permanent residents who have lived here lawfully for decades. In addition, because the noncitizen population in the United States is so large and many American families include both immigrants and citizens, these deportations will break up U.S. citizen families without any possibility of reunification.

* HR 4437 expands the consequences of an aggravated felony and other offenses

Despite the current drastic consequences of an aggravated felony, HR 4437 seeks to add more. It would bar an immigrant from establishing good moral character required to become a U.S. citizen if they have an aggravated felony conviction in the past – even if they could prove that at the time the offense occurred it was not characterized as an aggravated felony, and they presently have excellent moral character. Under HR 4437, aggravated felonies would also bar admission to the United States and bar the ability to re-immigrate to the United States via an immediate relative as defense to removal. There would be no waiver available. It would further bar an asylum seeker who has an aggravated felony conviction from ever becoming a permanent resident. These provisions will eliminate the little available relief and benefits for immigrants with aggravated felony convictions who demonstrate rehabilitation and strong family, social and economic ties.

* HR 4437 eliminates key safeguards concerning evidence used to prove that an immigrant is deportable for an aggravated felony

Since 1990, the United States Supreme Court has established guidelines, called the “modified categorical analysis,” for how a court can characterize a prior conviction. While this may sound technical, the categorical analysis is a vital safeguard that protects immigrants from wrongful deportation. It ensures that immigration judges consider only the most reliable information and documents from a prior conviction – and not from facts that were not established at the original criminal trial – to identify the offense for which the person was actually convicted. HR 4437 seeks to eliminate these guidelines for those accused of being aggravated felons in immigration proceedings. This means that immigrants could be deported for a conviction of an offense that is not actually an aggravated felony, simply because the offense is listed in the same state criminal statute that also includes an aggravated felony. Eliminating the categorical analysis is a radical violation of basic fairness that seeks to overturn years of established judicial precedent.

* HR 4437 reverses the burden of proof

Historically, the burden has been on the government to prove deportation, because the hardship of deportation is so great. Analogous to the criminal “innocent until proven guilty” standard, the longstanding rule has provided that the government may not simply arrest a long-time permanent resident, allege that she is deportable, and force her to prove that she is not. HR 4437 reverses this burden of proof for those charged with aggravated felonies. This would be an extreme blow to deeply-rooted and longstanding notions of fairness. The result in practice is that once the government decides to charge the person, the low-income, unrepresented, detained immigrant will be required to obtain the public records and to produce the extremely complex legal arguments required to disprove the government’s assertion. If the person cannot meet this nearly impossible burden, he or she will face mandatory detention, deportation, and permanent exclusion and separation from family and friends in the United States.

* HR 4437 makes an immigrant associated with any street gang deportable and ineligible for any immigration benefits

Under HR 4437, immigrants who have never committed any crimes whatsoever and who have obeyed all of our laws can be deported, denied admission and the ability to obtain lawful status, subjected to mandatory detention, and denied all forms of protection such as asylum and temporary protected status, simply because the Attorney General has determined that they are associated with a designated street gang. The Attorney General, through a secret process that provides no notice or opportunity to be heard to the immigrant, can designate any formal or informal group of three or more persons who have committed two or more enumerated gang crimes a “criminal street gang.” As a result of this designation, many immigrants who never committed or supported a single criminal act may be punished severely for exercising their right to association – they may be deported to a country where they face interrogation, torture, detention and even death.

* HR 4437 undermines state court decisions regarding the reversal or vacation of convictions in immigration proceedings

HR 4437 would allow immigration authorities to ignore certain reversals and vacations of criminal convictions by state courts, such as the failure to advise the immigrant of the immigration consequences of the guilty plea. This provision will seriously undermine the concept of “full faith and credit” due to state courts. This is particularly so, in states like California, where the state Supreme Court and other lowers courts have ruled that the failure to advise and defend of the immigration consequences and giving affirmative misadvice as to the immigration consequences constitute ineffective assistance of counsel, meriting vacation of the conviction.

* HR 4437 imposes mandatory minimum sentences for many offenses

HR 4437 adds dozens of new mandatory minimum penalties to current law. It imposes the same sentences upon persons who aid or assist certain immigrants to enter the United States as the immigrants themselves would receive. The bill would also impose one to 10 year mandatory minimum penalties for those who reenter the United States after deportation. These mandatory minimum sentences punish arbitrarily and strip judges from the discretion to make the punishment fit the crime, while also increasing the cost of incarceration to American taxpayers.

From: http://72.14.203.104/search?q=cache:XIRm9VQlrnUJ:www.ilrc.org/HR4437.html+hr+bill+4437&hl=en&gl=us&ct=clnk&cd=1

Posted by: Kety Esquivel | Mar 27, 2006 8:30:44 PM

Hi, Kety. Just wanted to let you know that I crossposted Jessica's Howard-Empowered People diary about this live blog at several group blogs. I wish I had known ahead of time that this would be the issue you discussed--I think that would have made it easier to pique people's interest.

Posted by: Renee in Ohio | Mar 27, 2006 8:32:45 PM

Some information on S. 1033 from:

http://www.govtrack.us/congress/bill.xpd?bill=s109-1033

Official Title: A bill to improve border security and immigration.

Status:
Introduced (By Sen. John McCain [R-AZ])

This bill is in the first step in the legislative process. Introduced Senate bills go first to Senate committees that consider whether the bill should be presented to the Senate as a whole. The majority of bills never make it out of committee.

Introduced: May 12, 2005

Last Action: May 12, 2005: Read twice and referred to the Committee on the Judiciary.

Sponsor:
Sen. John McCain [R-AZ]hide cosponsors

Cosponsors
Sen. Samuel Brownback [R-KS]
Sen. Lindsey Graham [R-SC]
Sen. Edward Kennedy [D-MA]
Sen. Joseph Lieberman [D-CT]
Sen. Mel Martinez [R-FL]
Sen. Barack Obama [D-IL]
Sen. Ken Salazar [D-CO]

Posted by: Kety Esquivel | Mar 27, 2006 8:34:16 PM

For full text of S.1033 go to:

http://www.govtrack.us/congress/billtext.xpd?bill=s109-1033

Posted by: Kety Esquivel | Mar 27, 2006 8:36:07 PM

Ah, now I see that it was short notice, Kety. I welcome you to write up a post and send it to me at howardempowered at gmail.com so that I can post it at Howard-Empowered People. Just something about why this bill is bad, how people are fighting it, and what people can do to help, would be great.

Posted by: Renee in Ohio | Mar 27, 2006 8:37:02 PM

Bob, You're right. It's time for us to be in action. We must stand together as a people with vision, hope and love, in the face of the politics of fear and division.

Posted by: Kety Esquivel | Mar 27, 2006 8:39:06 PM

Friends, I must run. I had shared with Char that though I was happy to step in and blog tonight I had another commitment and would have to run by half past. I am already about 10 minutes late... my apologies.

Renee, thank you for cross posting and yes. I will write something up for you within the next 24 hours.

All, please feel free to continue to blog. I will check back in & respond to any additional comments tomorrow.

Posted by: Kety Esquivel | Mar 27, 2006 8:41:04 PM

Thanks Kety - I'll pass this info on to my students tommorow. As one in solidarity...

Posted by: Bob | Mar 27, 2006 8:48:42 PM

Renee, it's great to hear this discussion will get more coverage! Thanks for coming by.

Kety, I'd like to echo Renee's request for a brief summary of the bills. I see that you gave us lots of great info here but if you get a chance to boil it down later to something that we could use to describe the problems to family/friends that would be much appreciated!!

Posted by: Charlene | Mar 27, 2006 8:50:32 PM

Char & Renee,

Ralph posted the following synopsis of the material this morning on the DFA blog. I am hopeful that it might help in your communication with friends, family members and allies.
_______________


Edited by Ralph Miller (Latinos for America) from submissions by Kety Esquivel (Cross Left.Org and Latinos for America) and José Quiñonez (Blue Latinos.Org).

In December of 2005, the U.S. House of Representatives passed “The Border Protection, Antiterrorism, and Illegal Immigration Control At of 2005,” also known as HR4437. This bill expands the definition of "alien smuggling" to include assisting a person to remain or attempt to remain in the United States when the "offender" knows the person is in the United States unlawfully - thereby treating social service organizations, refugee agencies, churches, legal services, and others the same as smuggling organizations and imposing criminal penalties for providing such assistance. Even family members and charitable workers could face federal prison time for assisting undocumented immigrants.

This is not a political issue; this is a moral issue.

Something akin to a panic has descended upon the immigrants’ rights community with the introduction of Republican House Judiciary Committee Chairman Sensenbrenner’s HR 4437. If passed by the Senate in substantially similar form, HR 4437 could signal some of the most sweeping and dramatic changes in immigration law since the now infamous Illegal Immigration Reform and Individual Responsibility Act (IIRIRA) of 1996 and could actually surpass that law in gutting judicial review and eroding due process.

We at Latinos for America, BlueLatinos.Org, and CrossLeft.Org, strongly believe that nothing in the bill provides a comprehensive and realistic plan for our immigration system to enhance border security, support economic growth and provide a legal means to lawful permanent residency for the millions of hardworking undocumented immigrants and their families in the United States. Nearly 500 organizations, including a wide variety of civic, religious and business groups are opposing this legislation.

Immigrant America is rising and fighting back the anti-immigrant hysteria that is rolling through the country like a thick, deadly fog. This past week over a million people marched in cities all across America demanding respect for workers, justice for immigrants, and honor for America's values.

Now we need to channel that same energy and get our elected representatives to stop ignoring our message: NO to H.R. 4437 and YES to S. 1033 (the McCain-Kennedy Bill). We need to demand that Congress fix the broken immigration system by enacting the McCain-Kennedy bill.

Now is the time to stand up and be heard.

Make no mistake; anti-immigrant groups are wasting no time calling their Senators, flooding them with hate-filled messages to scare them into paralyzes. We must do more. We must burn our Senator's phone lines with messages of hope and justice. Call your Senators today and leave them this simple message:

"Hi my name is _____ and I live in _____. I'm calling to ask Senator ______ to vote against Senator Bill Frist's immigration bill, and support Senators McCain's and Kennedy's comprehensive immigration bill, S. 1033. Our country needs a complete overhaul of our sadly broken immigration system. Thank you."

Your call will help save America from the hate-driven anti-immigrant lobby that wants to wall-up our country, take babies their birthright, and deport millions of mothers, fathers, brothers, sisters. Indeed, they want nothing short of deporting us all.

Don't let them have the last word. Do your part. Call your Senators today. If you have called your Senators, call them again. And after you call them today, make sure to call them again and again throughout this week. They must hear from us with our calls for just and honest immigration reform.

HR 4437:

* criminalizes organizations and individuals assisting undocumented immigrants, including those providing humanitarian support
* greatly expands the definition of “alien smuggling” to include assisting a person to remain or attempt to remain in the United States when the “offender” knows the person is in the United States unlawfully – thereby treating social services organizations, refugee agencies, churches, legal services and others the same as smuggling organizations and imposing criminal penalties for providing such assistance. Even family members and charitable workers could face federal prison time for assisting undocumented immigrants.
* criminalizes undocumented immigration status
* grants state and local law enforcement agencies “inherent authority” to enforce immigration laws
* furthers the erosion of due process
* eliminates the ability of any person who wishes to enter the United States on a nonimmigrant visa (such as a tourist visa, a student visa, etc.) to have a hearing before an immigration judge in the event that he or she is later charged with an immigration violation. This is because HR 4437 would prohibit the issuance of a nonimmigrant visa unless the applicant first waives his or her right to any review or appeal of an immigration officer’s decision.
* expands the costly detention of immigrants
* guts the federal courts’ authority to review immigration matters
* completely eliminates judicial review where noncitizens visas are revoked and is a specific attempt to remove courts’ ability to review consular decisions.
* turns many minor crimes into aggravated felonies, which carry the worst possible immigration consequences
* expands the consequences of an aggravated felony and other offenses
* eliminates key safeguards concerning evidence used to prove that an immigrant is deportable for an aggravated felony
* reverses the burden of proof in immigration cases
* undermines state court decisions regarding the reversal or vacation of convictions in immigration proceedings
* imposes mandatory minimum sentences for many offenses and adds dozens of new mandatory minimum penalties to current law.

Posted by: Kety Esquivel | Mar 28, 2006 9:38:48 PM

Thought you might find this interesting--
___________________________________

Legal Immigrants Strongly Oppose Congressional Immigration Proposals

Findings of National Multilingual Poll of Legal Immigrants Released
March 28, 2006

A majority of legal immigrants - numbering 26 million Americans - are strongly against new Congressional proposals, including measures passed by the House of Representatives last December, to restrict illegal immigration according to a poll released today. Solid majorities of legal immigrants from Latin America, Africa and Asia oppose current proposals and legislation that include criminalizing and deporting the undocumented, building a wall along major sections of the Mexican border, and prosecuting advocacy and religious groups that help illegal immigrants.

"This poll is significant because it takes the temperature of those closest to the current immigration debate," said Wade Henderson, executive director of the Leadership Conference on Civil Rights, a co-sponsor of the poll. "The survey results are striking and reinforce the call for responsible immigration reform worthy of a nation built by immigrants."

Legal immigrants also expressed alarm over the tone and substance of the debate about immigration policy in Congress and the national media. Two-thirds of them believe that an "anti-immigrant" sentiment is growing in the United States and many report that it has affected their families negatively. A large majority believe that this sentiment is fueled by racism against immigrants from Latin America and Asia.

These are key findings of a poll of 800 legal immigrants, from 43 different countries, conducted in nine different languages (English, Spanish, Cantonese, Mandarin, Korean, Vietnamese, Tagalog, Hindi, and Haitian Creole) and in 47 states. The poll was conducted by Bendixen & Associates for New America Media, a national association of ethnic news outlets.

"The poll results remind me of similar findings in California in 1994 when immigrants from Latin America complained about racism, discrimination and disrespect against them and their families because of the xenophobic message of the supporters of Proposition 187," says pollster Sergio Bendixen.

"The poll gives immigrants the first chance to participate in the debate rather than be targets of the debate," says Sandy Close, Executive Director of New America Media. "The country's top dozen ethnic media dailies -- along with the major in-language broadcast network -- published the results simultaneously on Monday, Mar. 27 in a coordinated effort to ensure that these key voices are part of the national discourse."

"The need for fair and comprehensive immigration reform is too important for the debate in Washington to be conducted based on misinformation and prejudices," said Dan Restrepo, senior policy advisor at the Center for American Progress, a co-sponsor of the poll. "It is essential that policymakers understand the true views of our immigrant communities and this poll is a leap forward in that regard."

Read the Executive Summary (PDF):
http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=1507761

Posted by: Kety Esquivel | Mar 29, 2006 1:29:22 PM

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