Day Laborers Respond to Secretary Napolitano’s Immigration Speech

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Pablo Alvarado, Director of the National Day Laborer Organizing Network, responded to Secretary Napolitano’s speech today at American University with the following statement:
“We are happy to hear Secretary Napolitano mention S-Comm and ‘termination’ in the same sentence. Despite the political spin and marketing campaign to defend a failed program, S-Comm has proven to be a disastrous policy for our nation and for our communities. It should be ended before it leads to the further Arizonification of the country.
Facts do matter, and the fact remains that New York, Illinois, and Massachusetts have all rejected S-Comm while Alabama, Arizona, and Georgia embrace it wholeheartedly. The program has undermined public safety, imperiled civil rights, and moved the immigration debate in the wrong direction. Rather than bring us closer to immigration reform with legalization for millions of Americans-in-Waiting, S-Comm has been used to defend the false premise that the country needs enforcement quotas to maintain unprecedented rates of deportation. This insidious premise is resulting in the criminalization of an entire generation of our society.
Secretary Napolitano is correct that ‘two opposites cannot simultaneously be true.’ The Administration cannot set its sights on deporting more hardworking individuals than President Eisenhower’s “Operation Wetback” and at the same time authentically claim it is advancing immigration reform. It cannot criminalize and legalize people at the same time. Deportation rates must decline, S-Comm must be ended, and in places like Maricopa County in Arizona, human rights must be vigorously defended and prioritized by the Administration.
We acknowledge the Administration inherited broken immigration laws and a poisonous political environment, but S-Comm has made matters worse. We will continue to work with a growing chorus of voices calling for its complete termination.”
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Brewer’s 1070 Countersuit is Counterproductive for Arizona

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Phoenix, AZ. In response to the Governor of Arizona pressing her countersuit to defend SB 1070, Pablo Alvarado, Director of the National Day Laborer Organizing Network, a litigant in the injunction suit against SB 1070 issued the following statement:
“Like Governor Wallace before her, Governor Brewer is choosing to stand on the wrong side of history with her defense of unconstitutional, regressive, and immoral legislation.
Brewer will lose in court and in the court of public opinion. Any short term political gain by scapegoating Americans in waiting will be offset in droves by future generations in Arizona who will have been inspired to wipe away the stain on the state caused by her repugnant, unconstitutional, and anti-American nativist crusade.
Yet, like a driver who refuses to admit they’re lost, the Governor refuses to turn around.
Governor Brewer’s inability to govern and failure to provide real solutions to the state’s problems will no longer be shielded by the diversion created by her spectacle of scapegoating.”
The Governor’s countersuit today precedes another event in court. Tomorrow, on the anniversary of the implementation of SB 1070, local leader Salvador Reza of the Puente Movement as well as Peter Morales, President of the Unitarian Universalist Association, will face trial for their act of conscience that prevented Sheriff Arpaio’s raids on last July 29th….

Record Deportations Demonstrate Credibility Gap for President Obama

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(Los Angeles) In response to the Associated Press article published today, Pablo Alvarado, Director of the National Day Laborer Organizing Network commented,
“The alarming deportation statistics released in the AP report are a matter for national concern. The arbitrary enforcement of unjust immigration laws will widen the President’s credibility gap among Latinos. The President should either hold ICE accountable for belying his campaign promises, or the President himself should be held accountable. As the Congressional Hispanic Caucus has requested, the Se Communities program should be immediately suspended until the Department of Homeland Security Inspector General can complete her report. At this rate, President Obama’s S-Comm policy will go down in history with Eisenhower’s “Operation Wetback.” Both have the same pernicious consequences, but one has a more clever name.”
The National Day Laborer Organizing Network has led efforts against the Se Communities program; litigating in federal court to uncover the truth under the Freedom of Information Act and coordinating the Turning the Tide campaign whose local participants have led to the states of Illinois, New York, and Massachusetts opting-out of the troubling programs because of the dragnet effect reported by the AP today.
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Cosmetic Reforms to Dangerous Se Communities Program More Spin than Substance

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Obama Administration dismisses evidence of Failed Deportation Program
(NYC, LA) In response to mounting criticism, the Obama Administration announced reforms to the “Se Communities” jail deportation program today. The reforms which acknowledges problematic and indiscriminate implementation fall short of the call for a moratorium on the program.
Revelations from a Freedom of Information Act lawsuit in which the National Day Laborer Organizing Network is a plaintiff represented by the Center for Constitutional Rights and the Benjamin Cardozo School of Law Immigration clinic, have described Se Communities as a deportation program in disarray, with deleterious effects on community safety, and potentially resulting in grave civil rights violations.
In recent weeks, the debate around S-Comm has reached a peak with Illinois and New York terminating the program and Massachusetts pledging not to join in. As a bill to regulate and reinforce the voluntary nature of S-Comm, the TRUST Act, is expected to pass the California Senate soon, Los Angeles and Oakland both passed resolutions seeking out of the program. Congresswoman Nancy Pelosi recently denounced S-Comm as “a waste of taxpayer money.” The Congressional Hispanic Caucus and Congressional Progressive Caucus have both called for an outright moratorium on the program pending its review by an expedited Inspector General investigation set to begin in August, 2011.
The following is a statement from Pablo Alvarado, Director of the National Day Laborer Organizing Network:
“We are stunned by the inadequacy of this announcement. Reform before review not only puts the cart before the horse, it continues to take the country in the wrong direction. Given the inherent problems to the program and the continued secrecy in its implementation, S-Comm should be suspended immediately until the Office of the Inspector General can complete its report.
Any program meant to revolutionize our immigration systems should be implemented with deliberation, care, and consultation with impacted communities. The Se Communities program has failed to do that, and these so-called reforms are more of the same. One cannot name a program that makes us all less safe, “Se Communities.”
ICE has gotten into the snake oil business, and we’re not ing. You don’t put a collar on a snake and call it a pet. As long the federal government insists on inserting the fangs of ICE Access into local law enforcement, we’ll all be wounded by its poisonous effect.
ICE has become a rogue agency, and it cannot be tursted to reform itself. Do the reforms announced today protect the women who faced the double violation of being placed in deportation proceedings after calling for help when facing domestic violence? Do the reforms create an open and transparent government that corrects the dissembling and dishonest approach taken? Do the reforms set standards to prevent local prejudiced policing from resulting in racial profiling? What about Sheriff Joe Arpaio in Arizona? Has his reign of terror- triggered by DHS- been brought to a halt? Hardly.
The Se Communities program is a Frankenstein. It doesn’t need make-up or cosmetic changes. It needs to be stopped immediately. The Latino community has come to view Se Communities as the symbol of President Obama’s broken promises on immigration reform. Cancellation of the program would help repair that trust and would be a step in the right direction. Anything less than suspension at this point is another symbol of the President’s approach to immigration: more spin than substance with disastrous consequences to our community.”
Chris Newman, Legal Director for NDLON, added, “Contrary to the administration’s claims, S-Comm undermines our shared goal of having a unified and reformed federal immigration policy. By delegating federal immigration authority into the hands of thousands of different state police, the federal government is gauranteeing the fragmentation of immigration enforcement. It is a force-muliplier for a broken status quo that has resulted in Arizona’s SB 1070 and copycat legislation. As a result of SCOMM, our immigration system begins to be shaped by potentially pernicious local policing patterns, and the long term unintended consequences to civil rights protections for immigrants are yet unknown.”
The National Day Laborer Organizing Network (NDLON) is a plaintiff in an on-going FOIA lawsuit against DHS/ICE for access to documents related to the Se Communities Program. NDLON plays a central role in California advocacy for the TRUST Act and coordinates the Turning the Tide campaign nationally.
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Lamar Smith’s E-Verify Proposal Launches Backward Arizona Policies to National Level

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Washington, DC. Rep. Lamar Smith added steam to the backward trend of Right-wing politics hijacking the political arena by introducing the overreaching e-verify bill that would mandate employer participation in the costly, inaccurate, and untested e-verify database.
The bill, a blend of Arizona’s anti-immigrant policies and Wisconsin’s anti-worker efforts, creates a toxic morass in Washington that would have devastating effects on the economy and is seen by many as a distraction to the real solutions Americans are seeking from Washington.
Pablo Alvarado, Director of the National Day Laborer Organizing Network, stated, “It’s nearly criminal that Lamar Smith would hijack the cause of those suffering from joblessness for his extreme political ends when Washington has an actual opportunity to provide real solutions to the hardships everyday people are facing in America.
Smith has compiled the worst practices from Arizona’s immigration policy and Wisconsin’s recent approach to unions and somehow combined them into an immoral piece of legislative scapegoating.
The America I want to live is one that welcomes the newest members of our communities and creates opportunities for all of us to succeed. Lamar Smith would like to roll up the sentiments of welcome expressed by the Statue of Liberty and toss them and the unions along with them into the Hudson. E-verify’s result would be to sink the country into an even deeper economic crisis, one that none of us could afford.
In one fell swoop, Smith alienates immigrants, unions, and those with concerns over government programs encroaching on our privacy with his fortress USA style policy.
However, our efforts together will move the country forward toward a better America. Congress should be verifying that everyone has access to a dignified job and quality education, that those who immigrate here to provide for themselves and their families have a pathway to inclusion.
As a national network of day laborers, we’re proud of the partnership we made with the AFL-CIO in 2006 that recognized the humble workers, street corner day laborers, as key partners in the labor movement whose efforts make a rising tide to lift all boats in the country.
We will not allow Rep. Smith’s efforts divide us or turn us around.”…

Baltimore Opposes Se Communities, Adds Voice to Chorus Calling for Suspension of the Discredited Program

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Baltimore, MD. Last night the Baltimore City Council adopted a resolutioncondemning the “Se Communities” program which entangles local police in federal immigration issues. The Council expressed concern for the of the cities newest residents and urged the Maryland’s Congressional delegation to support the demand of the Congressional Hispanic Caucus and Congressional Progressive Caucus by calling for a suspension of the program pending an Inspector General review.
Pablo Alvarado, Director of the National Day Laborer Organizing Network, applauded the resolution by saying, “The tide is turning on the dangerous, dishonest ‘se communities’ program. S-COMM was sold to the American public by DHS under false pretenses. The more we learn about the program, the more urgent it becomes to end it. It makes communities less safe, it imperils civil rights, and it is poisoning political efforts to reform unjust immigration laws. Yesterday, the Baltimore City Council took action to prevent the Arizonification of the community.
There is an urgent need to stop the harm being caused by the falsely named “Se Communities” and end to the program all together. Se Communities has become a symbol of President Obama’s broken promises on immigration reform. Ending it would be a concrete step to repair that trust, and it would be the first step on a path to immigration reform. ”
The resolution by the Baltimore City Council is part of a growing trend of local opposition to the coercive federal program. In the past month, Illinois and New York pulled out of the program while Massachusetts refused to join in. State legislation in California is being heard in the Senate today as calls for California’s Governor to suspend the program grow. Last Friday, Congresswoman Nancy Pelosi described S-Comm as a “waste of taxpayer money.” For more background information, download http://ndlon.org/pdf/scommbrief.pdf
The National Day Laborer Organizing Network (NDLON) is a plaintiff in an on-going FOIA lawsuit against DHS/ICE for access to documents related to the Se Communities Program. NDLON plays a central role in California advocacy for the TRUST Act and coordinates the Turning the Tide campaign….

Congresspeople Call on Governor Brown to Suspend Discredited Se Communities Program in California as Pelosi Calls Program Waste of Money

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Los Angeles, CA. – Today Members of Congress held a press conference in Los Angeles to call for a suspension to the federal “Se Communities” jail deportation program that entangles local law enforcement in immigration issues. The program is considered widely discredited as a wave of cities and states including Illinois, New York, Massachusetts, and most recently Los Angeles have either ended their participation, refused to join, or have sought a way out of the program. The opposition stems from numerous reports of the program resulting in a chilling effect on community-police relations as people presumed innocent and even domestic violence survivors are caught in its dragnet. In addition to its community-level impact, Congresspeople and state officials are balking at systemic lying and dishonesty in the agency exposed by a Freedom of Information Act lawsuit.
The Congresspeople’s call for Governor Brown to suspend the program as other Democratic governors have done reflects the urgency of stemming its negative impact. California is already considering a bill, the TRUST Act, which passed its assembly and is awaiting a vote in the Senate which would regulate the program and reinforce its voluntary nature for localities.
Rep. Judy Chu stated, “The program as implemented has undermined our police department’s mission of protecting the public… I sincerely hope we suspend our state’s participation in the program.
“The fact there are so many unanswered questions is the reason why we need an inspector general report.” added Rep. Allard
Pablo Alvarado, Director of the National Day Laborer Organizing Network, commented, “What started as an effort to uncover the truth about S-Comm has evolved into a consensus view that the program should be scrapped all together. S-Comm has come to symbolize the President’s broken promises on immigration reform. The fact is that it has not yet been frozen is now being viewed as a betrayal and places the urgent need to end the program on the desk of our local officials.
Our local officials were misled into the program and now is the time to lead us out. The tide is turning on the dangerous and dishonest ‘se communities’ program. ICE has gotten into the snake oil business. It sold S-COMM to the American public under false pretenses. It makes communities less safe, it imperils civil rights, and it is poisoning political efforts to reform unjust immigration laws.
Today, Rep. Becerra and the other Congresspeople said very clearly that this program has no place in California or anywhere in our democracy. We must prevent the Arizonification of our community whether it comes in the form of SB 1070 or s-comm. There is an urgent need for California to do better for its residents and to suspend s-comm immediately.”
Timeline of Recent S-Comm Activity:
* 06-10-2011 Rep Becerra and others hold Press Conference calling on Governor Jerry Brown to suspend S-Comm in California
* 06-10-2011 Nancy Pelosi critiques S-Comm as “waste of taxpayer dollars” http://bit.ly/scommpelosi
* 06-06-2011 Congressional Progressive Caucus sends letter to President Obama calling for moratorium on the program
* 06-06-2011 Massachusetts Governor Deval Patrick refuses to join the program
* 06-01-2011 New York Governor Cuomo Suspends S-Comm in his state
* 05-05-2011 Congressional Hispanic Caucus sends letter to President Obama calling for moratorium on the program
* 05-03-2011 Illinois Governor Quinn terminates S-Comm Memorandum of Agreement with ICE in his state
* 04-25-2011 Rep. Lofgren calls for Inspector General Investigation into S-Comm
The National Day Laborer Organizing Network (NDLON) is a plaintiff in an on-going FOIA lawsuit against DHS/ICE for access to documents related to the Se Communities Program. NDLON plays a central role in California advocacy for the TRUST Act and coordinates the Turning the Tide campaign….

ICE Anonymous Response to States’ Rejection of Se Communities, Characteristic of Agency’s Dishonesty and Lack of Transparency

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– New York and Washington – Today, advocates and attorneys critical of the controversial immigration program Se Communities (S-Comm) decried the agency’s placing of anonymous sources in articles in the New York Times and Boston Globe to bolster its contention that the program is mandatory even as more and more localities and states choose to opt out. With New York and Massachusetts following Illinois, the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement Agency (ICE) is waging a campaign of coercion to force states and localities to adopt a program that faces wide calls for its termination due to its dishonest and indiscriminate implementation. Started in 2008, S-Comm runs the names and fingerprints of everyone arrested in participating localities through federal immigration and criminal databases. Law enforcement professionals have said the program results in a deterioration of community-police relations as local officers are commandeered to assist with the work of the feds. The agency’s story about the ability to opt out of the program has shifted constantly, and many localities and members of Congress feel that ICE lied to them in the process.
(More Background Information available at http://ndlon.org/pdf/scommbrief.pdf)
Said Bridget Kessler, Clinical Teaching Fellow at the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law, “Through Freedom of Information Act litigation we have sought disclosure of the opt-out policy and the legal basis for the DHS’ most recent position that states and localities cannot opt-out. So far, ICE has stonewalled and refused to turn over an unredacted version of a legal memorandum about the authority to make the program mandatory. The lack of transparency on this issue is stunning. The public has a right to straightforward information from the federal government about the purported legal basis for programs that cost taxpayers millions of dollars–particularly when the government appears to be forcing these programs on unwilling states and cities.”
A recent statement by an assistant director at the FBI called into question whether they can force information sharing: “[W]e don’t own those records. They’re owned by the states, by the 18,000 law enforcement agencies across this country. They submit them to us and allow us to use them, we hold them and distribute them per their agreements with each of the states. And every state has a different law governing what records can be distributed and what they can be used for. The challenge is walking that line and making sure we’re not violating any of the states’ rights in addition the federal laws that we have.”
Said Pablo Alvarado, NDLON Executive Director, “DHS is more a rogue agency than a reliable source at this point. The agency’s use of anonymous sources signals a lack of transparency and secrecy that has no place in a democracy. ICE continues misrepresenting the program. DHS can’t be taken on its word to write its own legal authority. There’s never been a mandate to make end run around 10th amendment nor a mandate to enlist police as frontline deportation officers.”
Said Center for Constitutional Rights Attorney Sunita Patel, “Regardless of the legal authority to do so, one thing is clear: Making S-Comm mandatory is bad policy. New York, Illinois and Massachusetts agree that the program is harms all of us. We are concerned with potential constitutional violations and privacy violations if the federal government compels information sharing. DHS should halt the program for an immediate review and, at minimum, allow states and localities to opt-out or limit their participation in the program.”
Visit CCR’s NDLON v. ICE case page or the joint website, UncovertheTruth.org, for the text of the FOIA request, the lawsuit filed in the Southern District of New York and all other relevant documents.
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 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
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A White House Immigration Meeting without Immigrants?

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Today, the President held a White House meeting on Immigration Reform In response, Pablo Alvarado, Director of the National Day Laborer Organizing Network said,

“While we appreciate the President’s effort to keep immigration reform on the national agenda, his actions belie his intent. We’re greatly disappointed that the meeting didn’t include more voices of immigrants at the table, including representatives of directly affected communities especially the people in the state of Arizona and Georgia where there is a modern day human rights crisis. If the President genuinely wanted to fix the broken immigration system, he would respond to the growing chorus of voices calling for the suspension of the se communities program and move to legalize instead of further criminalize our immigrant communities.”…