NDLON in the News

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Department of Justice Should Intervene in not just Investigate Maricopa County

Salvador Reza of the Puente Movement responded to today’s Department of Justice settlement for access to records in Sheriff Arpaio’s office with the following statement.
“Nearly three years after the beginning of their investigation, the Department of Justice should be intervening in Maricopa county not just investigating. The people of Maricopa have been living with a likely criminal at the head of our law enforcement for years and it’s time for relief. The County Sheriff’s Office should be placed under receivership without delay. Anything less than immediate intervention in our human rights crisis makes President Obama and former Governor Napolitano accomplices in the reign of terror- and likely criminal behavior- of Sheriff Joe Arpaio.”

The Department of Homeland Security which empowers Sheriff Arpaio through its ICE Access programs has recently come under fire for the expansion of Arpaio-style policies throughout the country through the “Se Communities” program. The agency has been accused of emulating the lack of transparency and discriminatory practices under investigation in the office of Sheriff Arpaio. As a result, the DHS’ spread of Arpaio-style policies is also coming under investigation by the OIG and is facing a growing call for an end to ICE Access programs that entangle local police in immigration laws.

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Working for a better life. Day Worker Center benefits laborer and homeowner alike.

by Nick Veronin | Posted in: Mountain View Voice

With a 1, 500 square-foot backyard, including a small orchard of apricot, mind nectarine and apple trees, a large vegetable patch, a greenhouse, and a wide variety of flowers, Harold Black has his work cut out for him.

Back when he was younger, Black relished taking it on — the pruning and harvesting, the weeding and raking. But now, while the 77-year-old widower remains committed to his thriving plot of land across the street from Los Altos High School, it is a little more difficult to manage.

“As you get old, your back is the first thing to go,” he explains, with a nudge and a grin one Saturday afternoon. Black is walking around his property, pointing out various plants and trees, and occasionally giving direction to Juan Antonio, a laborer he picked up that morning from the Day Worker Center of Mountain View.

Antonio and workers like him have made it possible for Black to continue to maintain his land, and for that Black is grateful. He has been coming to the Day Worker Center to hire help for about 15 years — as long as the organization has been around — and has always been satisfied, he says.

In fact, Black prefers hiring labor from the center over other “mow, blow and go” landscaping services, because, as he puts it, “that’s all they do — mow, blow and go.”

With the Day Worker Center, Black says he has much more control over the length of time a worker devotes to the job and what kind of work they do. Black typically hires one laborer to work in his yard for a full eight-hour day, paying about $100 for his services, which may include tilling soil, trimming hedges, pruning trees or mowing the lawn, among other tasks.

Black likes that level of control, as his yard is not only his hobby but his passion. Born into a North Carolina family with a rich history of farming, Black has been working the soil since he was 5 years old. “Everybody has their agenda,” he explains. “Mine is farming.”

This afternoon, Black has Antonio working in his front yard, trimming hedges. Though the two don’t exchange many words, on account of the English-Spanish language barrier, they seem to communicate just fine. Black points and gestures with his hands to indicate where he would like the bushes cut and Antonio swipes the electric shears back and forth, up and down, while his employer minds the long orange extension cord, making sure it doesn’t get caught on branches as Antonio moves around.

Antonio, who came to the United States from Cuernavaca, the largest city in the Mexican state of Morelos, says that he has been living in Mountain View for about four years. Shortly after moving here, some friends told him about the Day Worker Center and he immediately went down and signed up. He is happy that he did, he says. The center helps him find, on average, two days of work each week.

The center, located at 113 Escuela Ave., accepts anyone looking to find work, and asks for only basic information upon registration. Members of the center get access to free English classes, meals prepared by Day Worker Center members, computer literacy instruction and help searching for work on the Web and applying for citizenship if necessary. Maria Marroquin, executive director Day Worker Center, says her organization never asks would-be members about their citizenship status.

Needless to say, the Day Worker Center has not been received with open arms by all Mountain View residents. Many object to the center’s don’t-ask, don’t tell policy on citizenship status.

Black, however, doesn’t see things that way.

“You’re giving a person with three or four kids a job and he’s working his fingers to the bone,” Black says in response. As for hiring a non-citizen, that’s something that he isn’t even sure he has ever done. Just like the Day Worker Center, Black never asks the people he hires whether they are in the United States legally.

When pressed on the issue and asked if he could be taking jobs away from American citizens, Black is incredulous.

“Quit joking me, man,” he snaps. “Where are you going to find someone to do these jobs?”

The way Black sees it, there is plenty of hard, back-breaking work that needs to be done in this country, and he doesn’t see many other groups of people, other than migrant workers, who willingly offering themselves up to do those jobs.

For Antonio’s part, he is certainly willing to take whatever work comes his way. He, his wife and their three children cram into one bedroom of a two-bedroom Mountain View apartment that they share with two others.

He says living in those conditions is worthwhile, considering the alternative back in Cuernavaca. He and his wife together make about $500 during a good week, but that is still more than they might expect to make in a month where they came from. “It is a very difficult situation in Mexico,” he says in Spanish.

And then there is the matter of the schools.

Antonio says that in Mexico he wouldn’t be able to provide his children with the kind of life he wants for them. “In Mexico, I don’t believe this would be possible,” he says, nodding at the newly installed, gleaming solar panel canopies in the Los Altos High School parking lot. “In Mexico, you need much more for this kind of life.”

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New Letters Indicate Napolitano’s “Confusion,” a Cover-Up

“The only things ICE is apparently willing to credit to me… are those which they wish to use to imply I was a rogue… I have been made a scapegoat for reasons of political expediency.” – Fired Contractor, Dan Cadman
Detailed letters released today from a former Immigration and Customs Enforcement (ICE) contractor to Representative Zoe Lofgren give rise to grave questions of Department of Homeland Security’s (DHS) transparency and integrity in the administration of the controversial ICE Se Communities (S-Comm) program.
Following the release of internal emails as a result of Freedom of Information Act (FOIA) litigation by the National Day Laborer Organizing Network (NDLON), the Center for Constitutional Rights (CCR) and the Cardozo Law School Immigration Justice Clinic, the federal government has been under pressure to answer questions about the program’s use and scope. The new letters further reveal DHS’ attempts to cover up mismanagement and lies, including questioning the redactions of documents about the opting-out issue that a federal judge ordered federal agencies to release in January.
Attached to Rep. Lofgren’s letter to the DHS Office of Inspector General urging an immediate investigation into S-Comm are two letters from a former ICE contractor, Dan Cadman, who claims responsibility for a majority of S-Comm activations. He wrote, “I believe key elements in the ICE correspondence [to you] are inaccurate and misleading… ICE painted itself into a corner and needed someone to blame.” He enclosed a letter he wrote to ICE Se Communities Acting Assistant Director, Marc Rapp, following his “abrupt” termination: “I will admit to being puzzled as to which documents the FOIA office elected to provide versus those they withheld.” He notes in some instances the FOIA office redacted his name while in others they did not and credits the misrepresentation of the program as the key factor to New York State’s former Governor Patterson’s agreement to participate, observing, “this would be downright amusing, if the subject matter were not so serious.”
Bridget Kessler, attorney at Benjamin Cardozo School of Law, observed, “ICE cannot choose to release documents and redact names selectively, particularly not to hide government misconduct or dishonesty. FOIA gives the public a right to access information about what their government officials are doing and does not allow for agencies to withhold documents simply because they might be embarrassing.”
“The worst part of ICE’s lack of transparency and accountability in the development and deployment of S-Comm is that every day S-Comm tears families apart and spreads fear in immigrant communities across the nation. ICE’s conduct belies a fundamental lack of respect for democracy and the people that are impacted by its harsh policies,” said Sunita Patel, attorney for the Center for Constitutional Rights
Sarahí Uribe of the National Day Laborer Organizing Network said, “Se Communities has become an ever larger symbol of President Obama’s broken promises on immigration. We second the call by the Congressional Hispanic Caucus. We need a moratorium on this program immediately. Each day ICE exposes itself as a rogue agency that needs to be reigned in. Those responsible for this attempt at a cover-up have no place in the offices of a democracy.”
New York FOIA documents are, for the first time, posted here:
http://uncoverthetruth.org/foia-documents-new-york

Correspondence between Lofgren, Morton, Inspector General, and Cadman (Cadman letters at end of Document): http://ndlon.org/pdf/2011-05cadman.pdf

A Petition for a Moratorium on S-Comm Launched Today at: http://bit.ly/scommice

NDLON v. ICE litigates President Obama’s flagship “Se Communities” biometrics program, currently operating in over 1,200 jurisdictions in 42 states as of May 2011. Rights groups say the program makes state and local policing central to the enforcement of federal immigration law. The program automatically runs fingerprints through immigration databases for all people arrested and targets them for detention and deportation even if their criminal charges are minor, eventually dismissed or the result of an unlawful arrest. The documents released as a result of the litigation have shown widespread internal agency confusion about the program’s voluntary nature as well as the government’s heavy-handed implementation strategy. Mayer Brown serves as co-counsel in the case.

For more information on NDLON v. ICE or to view documents produced by the government, visit the Center for Constitutional Right’s legal case page or www.uncoverthetruth.org.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit www.ccrjustice.org

The mission of the National Day Laborer Organization Network is to improve the lives of day laborers in the U.S. by unifying and strengthening its member organizations to be more strategic and effective in their efforts to develop leadership, mobilize day laborers in order to protect and expand their civil, labor and human rights. Visit www.ndlon.org

The Kathryn O. Greenberg Immigration Justice Clinic of the Benjamin N. Cardozo School of Law was founded in 2008 to provide quality pro bono legal representation to indigent immigrants facing deportation. Under the supervision of experienced practitioners, law students in the Clinic represent individuals facing deportation and community-based organizations in public advocacy, media and litigation projects. Visit www.cardozo.yu.edu/immigrationjustice

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Georgia Governor Deal Signs Arizona Copycat into Law, Groups Announce Human Rights Summer.

Atlanta, GA. – In response to the Governor’s announcement that he will sign HB 87 at noon eastern time today, Georgians are amassing at the capitol during the day and preparing for a general assembly this evening at Trinity United Methodist Church at 6:30pm.
Communities will hold a Women’s March in Defense of the Immigrant Family on May 22 and are declaring July 1st, the date when segments of hb 87 are to be activated, as a day of Non-Compliance as part of a broader campaign of community education and organizing they’re calling the “Georgia Human Rights Summer.”
Below are comments in reaction to the signing:
Pablo Alvarado, Director of the National Day Laborer Organizing Network
“Governor Deal’s signing of HB 87 flies in the face of those concerned with either Georgia’s economy or its residents’ civil rights. Those who have passed this law with the hope of intimidating or displacing our community have accomplished the opposite. As a result, people are standing up in the long tradition of organizing for justice. We know and will show that Georgia is better than HB 87.
We will accompany the humble communities targeted by this bill in defending their rights and making real a vision of the beloved community. Arizona has become the capitol of prejudice and we will do everything we can to keep Georgia from heading in the same direction. Our way forward as a country must be through policies that bring us together instead of divide us. We are certain that Georgia will see that as well.”
Georgina Perez, student member of Georgia Undocumented Youth Alliance
“We have a right to remain in this state where we have lived, worked, and studied, for some of us, nearly all of our lives. We will not obey a law that is unjust, that is meant to drive out our families and criminalize our community. Just as African Americans resisted unjust Jim Crow and segregation laws in the 1960’s, so will we resist until justice prevails and HB 87, and all anti-immigrant laws, are repealed.”
Xochitl Bervera, Somos Georgia/We are Georgia.
“We are calling on all businesses, conventions, and conferences to cancel your trips to the State of Georgia and pledge to not spend one dollar here until this law is repealed.”
Adelina Nicholls, Georgia Latino Alliance for Human Rights
“This action is not only an insult to the Latino community and other immigrants, but is also an exercise in cheap political pandering that will cost our state dearly. This is not the end, only the beginning of a new stage. This law can and must be fought; and it can and will be defeated.”
Interviews Available Upon Request
Interested Participants in Georgia Human Rights can Sign up at http://bit.ly/georgia2011…

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Employee of Year humbled by honor, attention

By DAN EAKIN, deakin@acnpapers.com | Posted in Courier-Gazette.com | Published: Wednesday, try May 11, clinic 2011 11:52 AM CDT

Employee of Year humbled by honor, attention

Submitted Photo – Adrian Magallanes, left, 2011 City of Plano Employee of the Year, is introduced by Plano City Manager Bruce Glasscock.

When Adrian Magallanes was named 2011 City of Plano Employee of the Year last month, he thought it was very nice.

But he had no idea of the attention he was about to receive. First, he and 11 other nominees were honored at a private reception in April. Then special recognition was given to him at a Rotary Club meeting last week. Then lastly, he was introduced at a regular meeting of the Plano City Council Monday night.

“It has really been humbling,” he said in a phone interview Wednesday morning. “It inspires me to do more, and I think it also inspires others.”

Magallanes joined the Plano City Planning Department in June 2007. As the supervisor for the city’s Day Labor Center, he helped coordinate recent improvements to the center while continuing to supervise regular operations.

“Throughout the construction process, Adrian communicated with laborers who were temporarily displaced due to construction on the facility during the hottest months of the summer,” said Christine Day, his supervisor. “He posted plans on-site so the laborers could see the changes that were taking place. He brought coolers and water, and modified processes whenever possible to ensure the laborers stayed safe in the heat.”

Plano City Manager Bruce Glasscock also had high praise for Magallanes.

“In a relatively short time, Adrian has made a huge difference for the laborers and customers we serve through our Day Labor Center,” Glasscock said.

Magallanes said one of his proudest moments was at the Rotary Club meeting.

“I’m really glad my wife Marivel was there,” he laughed. “She would never have believed all of the good things they said about me.”

Other nominees for 2011 City of Plano Employee of the Year were Kristy Andrews, Technology Services; Robert Barnett, Building Services; Deb Bliss, Sustainability/Environmental Services; Floydett Carter, Police; Gloria Carter, Property Standards; Rick Figueros, Technology Services; Eva Horvath, Engineering; Pearl Milton, Customer and Utility Field Services; Susan Parker, Harrington Library; Cliff Roddam, Police; and Mike Shamel, Libraries.

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