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USA/Africa: Immigration Reform Needs Fixing
AfricaFocus Bulletin
May 8, 2013 (130508)
(Reposted from sources cited below)
Editor's Note
"The recently released Senate immigration reform bill had
a mix of carrot and stick approaches to providing the
long-awaited path to citizenship for millions of
undocumented people living under repressive conditions.
While the bill has several good features, it weighs
heavily toward very bad and very ugly provisions that
will leave out millions of people and will continue the
mass detentions and deportations that have become
normalized in U.S. society." - Gerald Lenoir, Black
Alliance for Just Immigration
As debate begins on the bipartisan Senate proposal on
immigration reform, the predictions are that the bill
will be further pushed further to the right, with greater
emphasis on border security, priority to immigration for
skilled workers over family integration, and other
measures being pushed by those who seem immigrants as a
problem rather than an asset, or by those who view
immigrants as economic units rather than as persons with
human rights.
While advocacy for immigrant rights has been strongest
among the largest immigrant groups, particularly those of
Hispanic origin, a growing network of groups is emerging
among immigrants from Africa and the African diaspora and
among African Americans who see immigration within the
perspective of a common struggle for civil rights.
This AfricaFocus Bulletin contains a open letter to the
Senate Judiciary Committee with ten demands from the
Black Immigration Network. Organizations and individuals
are urged to sign on this week, before 5 pm PST.
Also included is an article by Gerald Lenoir of the Black
Alliance for Just Immigration (BAJI), outlining "the
good, the bad, and the ugly" in the proposed bill.
For previous AfricaFocus Bulletins on migration issues,
visit http://www.africafocus.org/migrexp.php
For photos of a May Day demonstration for immigration
rights, visit http://uniteafricans.org/blog
Additional links:
Black Alliance for Just Immigration
http://www.blackalliance.org
Black Immigration Network
http://blackimmigration.net/
Priority Africa Network (San Francisco Bay Area)
http://www.priorityafrica.org/
United African Organization (Chicago)
http://uniteafricans.org/
++++++++++++++++++++++end editor's note+++++++++++++++++
An Open Letter to the Senate Judiciary Committee Ten
Demands for Fair and Just Immigration Reform
[To view and sign this letter on-line visit
http://tinyurl.com/bw3wfbn]
Black Immigration Network
http://blackimmigration.net/
Just 2 weeks ago Eight Senators introduced a
comprehensive immigration reform (CIR) bill entitled, 'S.
744, the Border Security, Economic Opportunity and
Immigration Modernization Act'. The bill includes some
minor improvements to the U.S. immigration system,
however it still undermines families, criminalizes
immigrants, and excludes countless immigrants from legal
future migration. In the coming weeks the Senate
Judiciary Committee will be making changes to the
proposed bill, and it is important that our communities
speak up to ensure our needs are met.
On May 13, 2013 BLACK IMMIGRATION NETWORK is initiating a
National Day of Demands along with allied organizations
nationwide. We are demanding that immigration reform be
reflective of our collective values and needs. We are
demanding that immigration reform be FAIR, JUST &
INCLUSIVE. Please sign on to the letter below. This
letter will be submitted to the Senate Judiciary
Committee during the bill's "mark up" period so that they
can be sure to include our 10 demands.
Deadline for Sign On is Friday May 10th at 5:00pm PST.
Please spread the word widely.
If you agree with these demands, then stand in solidarity
with us.
Sign on and let's raise our voices together!
More information?
tel: (917) 310-3785 web: http://www.blackimmigration.net
email: info@blackimmigration.net
Patrick J. Leahy (Chairman, D-Vermont), Dianne Feinstein
(D-California), Chuck Grassley (R- Iowa), Orrin G. Hatch
(R-Utah), Dick Durbin (D- Illinois), Jeff Sessions (RAlabama),
Sheldon Whitehouse (D-Rhode Island), Lindsey
Graham (R-South Carolina). Amy Klobuchar (D-Minnesota),
John Cornyn (R-Texas), Al Franken (D-Minnesota), Michael
S. Lee (R-Utah), Christopher A.Coons (D- Delaware), Ted
Cruz (R-Texas), Richard Blumenthal (D-Connecticut), Jeff
Flake (R-Arizona), and Mazie Hirono (D-Hawaii)
Dear Senate Judiciary Committee:
The Black Immigration Network (BIN) has initiated this
letter to you with the expectation that it will prompt
you to correct some glaring flaws in the immigration
reform bill that you introduced in the Senate last week.
BIN is a national network largely comprised of
organizations led by black immigrants from Africa, the
Caribbean and Latin America as well as African Americans.
We are united in support of fair, just and inclusive
immigration reform.
We believe that there are some good provisions in the
bill—the path to citizenship for many undocumented
people, including youth and farm workers, and temporary
workers on employment visas; and the eligibility of the
families members of green card holders for visas.
However, we believe that the bill does a disservice to
millions of people.
Here are our ten amendment recommendations for a fair,
just and inclusive immigration bill:
- The categories of family members that are
eligible for visas should be expanded not contracted.
The bill makes a major shift from family-based
immigration to a "merit-based" system. This overturns a
precedent of almost 40 years duration. In a country that
prides itself on espousing "family values", it is
reprehensible that families are not valued in this bill.
The proposed shift treats human beings as economic units
whose primary value is as workers, not humans. In
addition, to exclude siblings and adult children from
seeking family visas means that millions of family
members will be permanently separated from one another.
Currently 65% of immigrants admitted to this country come
on a family visa and 14% on employment visas.
Eliminating siblings and adult children would disqualify
between 65,000 - 90,000 people a year. We propose not
only restoring those family visa categories but expanding
eligibility to those families that are headed by same sex
couple and family members who are biologically related
but nevertheless are an integral part of the family unit.
Families come in many configurations and that should be
respected.
- De-link legalization programs from border
security. Tying the legalization process to so-called
border security benchmarks that are totally unrelated to
immigration status is nonsensical. The path to
citizenship should not be hampered with unwarranted
delays in implementation.
- Maintain the Diversity Visa program. For many
people in African and Caribbean countries, the Diversity
Visa Lottery is the only chance of obtaining entry into
the United States. The program is for countries that
have minimal immigration to the U.S. and ensures that
many who would otherwise not qualify are able to migrate.
About 30% to 50% of the 50,000 visas each year go to
people in African nations. Potential immigrants from
African and Caribbean nations and other underrepresented
countries should not be excluded from consideration for
migration to the U.S.
- Extend the path to citizenship to other
immigrants on temporary statuses. More than 300,000
people from Haiti, Sudan, Somalia, El Salvador,
Nicaragua, Honduras and Syria have a legal status called
Temporary Protected Status (TPS) due to natural disasters
or political conflicts in their home countries. For many
of them the status has been renewed every 18 months for
many years, even decades. Only a fraction of them will
qualify for the proposed legalization program. In
addition, several thousand Liberians have a status called
Deferred Enforced Departure (DED), which they also have
been under for many years. Many people under TPS and DED
have established roots in the United States and have
raised their families here. It is time to grant these
groups of people permanent status and a path to
citizenship.
- Shorten the length of time to reach citizenship
and extend the eligibility date. A 13-year process is
unduly long and burdens families with uncertainty and
anxiety. We believe that it will also discourage many
people from applying for the program. We believe that a
five-year process is a fair period of time. We believe
that the December 31, 2011 for eligibility should be
extended to the date of enactment of the legislation.
Your proposed date is arbitrary, while our proposed date
means that the maximum number of people can qualify.
- Stop inhumane enforcement programs and
activities. The militarization of our southern border
has already cost billions of dollars and the bill
proposes another $5.5 billion. We oppose increased
military presence on the U.S.-Mexico Border and other
ports of entry. What has been spent to date has meant
thousands of migrants dying in the desert and the daily
violations of human rights in border communities. We
also call for an end to programs like Secure Communities
and 287(g) that allow local law enforcement to act as
immigration police and discourage our communities from
cooperating with local law enforcement when crimes are
committed. We oppose mandatory prosecutions of
undocumented immigrants and detention bed quotas. We also
demand that the bill's racial profiling prohibition be
strengthened, by adding religion and national origin as
protected categories and eliminating border and national
security loopholes. Unless this is done, immigrants will
continue to be criminalized, especially immigrants of
color and the false assumption will remain that they are
a threat. Fear mongering has dominated the debate and has
led to record deportations, the tearing apart of families
and the wasting of billions of U.S. tax dollars.
- People with so-called "criminal" records should
not be automatically excluded from the program. We know
that this is a controversial point of view but we believe
that incarcerated people and formerly incarcerated people
are human beings that deserve second chances. We know of
many cases where immigrants convicted of crimes have come
out of prison and are leading productive lives.
Furthermore, many of the crimes contained in the category
of "aggravated felonies" spelled out in the legislation
bear no resemblance to what the average person would
consider a serious crime. And the provision that anyone
who commits three misdemeanors is ineligible is patently
unfair.
- Dispense with prohibitive costs for filing fees,
penalties and back taxes. Millions of low-income
immigrants will find it very difficult to finance their
path to citizenship, especially those where several
members of the family qualify. This is an undue burden
for people, many of who have paid taxes for years and
whose only "crime" is to cross a border without papers or
overstay a visa time period.
- Eliminate the biometric identification card and
the Electronic Verification program (E-verify). These
programs are tantamount to a national security state in
which everyone is under surveillance and personal
liberties and privacy are severely compromised. We
should not go down the path of a "Big Brother is
Watching" society.
- Allow all immigrants access to health care and
public benefits. Regardless of citizenship or
immigration status, all people deserve health care and
public benefits for their personal well-being and for the
well being of all of our communities.
We ask you to consider our recommendation seriously. The
signatories to this letter are members of BIN and allies
with whom we work closely. We will continue to mobilize
our communities to support the progressive changes in the
Senate bill and to defend the human rights of immigrants,
undocumented and documented.
Sincerely,
[ORGANIZATIONS & INDIVIDUALS WILL BE LISTED HERE]
[To view and sign this letter on-line visit
http://tinyurl.com/bw3wfbn]
The Senate Immigration Reform Bill—The Good, The Bad, The
Ugly
Apr 20, 2013
by Gerald Lenoir, BAJI Executive Director
http://www.blackalliance.org / direct URL:
http://tinyurl.com/cqlhtxm
The recently released Senate immigration reform bill had
a mix of carrot and stick approaches to providing the
long-awaited path to citizenship for millions of
undocumented people living under repressive conditions.
While the bill has several good features, it weighs
heavily toward very bad and very ugly provisions that
will leave out millions of people and will continue the
mass detentions and deportations that have become
normalized in U.S. society.
First the good. There is a path to citizenship for many
undocumented including many undocumented people, youth
and farm workers, and temporary workers on employment
visas. It is also positive that the families of green
card holders (not just naturalized citizens, as before)
are eligible for visas. Several of the provisions give
more rights to immigrants in detention and there is a ban
on racial profiling written into the bill.
Now the bad. The bill undermines the interests of
families. It shifts immigration policy from a familybased
system to an employment-based system (a so-called
"merit-based system"). Currently 65% of immigrants
admitted to this country come on family visas, 14% on a
employment visa. Under the Senate bill, the siblings and
adult children of immigrants will no longer be eligible
for visas, eliminating 65,000 –ndash; 90,000 people. Over
300,000 immigrants who are here on temporary visas will
not be eligible for permanent status and citizenship.
The bill also eliminates the 50,000 Diversity Visas and
allocates them for visas for high tech workers. African
and Caribbean countries will be severely impacted by this
change and by the change in the Family Visa program.
What's more, the "path to citizenship" is unacceptably
long—13 years on paper, probably more in reality. The
requirements to qualify for the legalization program are
burdensome, especially with the requirements that to be
eligible, one must be regularly employed, comply with the
provisions about "criminal activity" (for example, three
misdemeanors and you're out!), and pay back taxes,
registration fees and fines. Additionally the ban on
health care and other public benefits for those who
qualify for the legalization is inhumane and
shortsighted. Everyone should have access to the social
safety net for the health and well being of our entire
society.
Finally, the ugly. The bill ties the start of the
legalization program to increased border militarization
and a Department of Homeland Security certification that
90% of those attempting to cross our southern border have
been captured. It allocates billions of dollars for
border and interior enforcement. As a result, immigrants
will continue to be criminalized, especially immigrants
of color and the assumption remains that they are a
threat. The fear mongering that has dominated the debate
and has led to record deportations, the break up of
families, deaths in the desert and on the high seas, the
routine violations of human rights of migrants, and the
wasting of billions of U.S. tax dollars will continue.
And the bill establishes a biometric identification card
and a system called E-verify, a mandatory internet-based
system to verify legal status and employment eligibility.
These measures criminalize people who work and are the
first steps in a potentially universal system of
surveillance that is a threat to all of our civil
liberties and privacy.
BAJI and its allies in the Black Immigration Network
(BIN) will be organizing and advocating for a fairer,
more just immigration bill. Very shortly, we will launch
a campaign to get Senators to revise the bill to address
some its glaring deficiencies. We hope you will join us
in fighting for justice.
For a summary of the Senate bill, go to For a summary of
the Senate bill, go to
http://www.schumer.senate.gov/forms/immigration.pdf
AfricaFocus Bulletin is an independent electronic
publication providing reposted commentary and analysis on
African issues, with a particular focus on U.S. and
international policies. AfricaFocus Bulletin is edited by
William Minter.
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