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It’s not just about blacks: Injustice bigger than Jena
September 25, 2007, 5:41 pm
Filed under: Blogroll

Sept. 24, 2007, 8:14PM
It’s not just about blacks: Injustice bigger than Jena

We black Americans seem to need a major event or outrage every so often to revive our mass energies in ways that remind of us the 1960s civil rights movement. In the 1980s we had mass arrests at the South African embassy to protest apartheid. In the 1990s there was the Million Man March to redeem black fatherhood and proper role modeling. In 2007 we have the “Jena Six.”

Thousands flowed into tiny Jena, La., last week. They came to march on behalf of six black youths who were originally charged with attempted murder for allegedly beating up a white youth last December at the local high school in what many describe as a schoolyard fight.

The “Jena Six” case actually began months earlier when three nooses appeared in a tree at the high school. That was one day after black students defied a school tradition that designated the tree to be a whites-only gathering spot. The principal expelled three white students for hanging the nooses, but the school superintendent reduced the expulsions to a few days of suspension.

Tensions grew as various interracial fights, attacks and angry confrontations, mostly off-campus, in later weeks resulted in young white males receiving slaps on the wrist, at most, while young blacks received school expulsions or criminal charges.

It was the local district attorney’s decision to charge six black students with attempted second-degree murder, while white students had gone free for other attacks, that touched off the national uproar. The white student who was beaten allegedly taunted blacks with racial slurs and was a friend of the students who had hung the nooses. He was treated and released after a few hours in a local hospital.

I don’t make light of anyone’s beating, but the attempted murder charge was an excess wretched enough to be a virtual invitation to the Revs. Jesse Jackson and Al Sharpton, who led the march with Martin Luther King III.

Suddenly little Jena became a symbol in many minds of every injustice or racial grievance, real or perceived, that black folks have endured in recent years, from the aftermath of Hurricane Katrina to the gross disparities between federal sentences for crack and powder cocaine.

The Jena Six put real names and faces to Justice Department statistics that show African-American men to be three times more likely than white men to face jail once they have been arrested. The biggest disparity is among men convicted of aggravated assault, according to the National Urban League’s annual State of Black America report. It found that black men are sentenced to an average of 48 months in jail — almost one-third longer than the average sentence received by white men.

But now that the crowds have gone home and Jena is once again a quiet little oil and lumber town, will the big march have lasting significance, like the movement that helped end apartheid and free Nelson Mandela? Or will it be like the Million Man March: a stirring memory and a great applause line for political speeches, but not much follow-through?

It was the bad fortune of the Jena Six demonstrators that they had to share the spotlight with another media eruption, the latest misadventures of O.J. Simpson. Charged with armed robbery in Las Vegas for allegedly trying to steal memorabilia from his own glory days, Simpson needed no help from bloggers or talk shows to get wall-to-wall coverage.

Simpson returned to TV screens like a cheap sequel to a movie you’d rather forget. He reminds us of one of America’s most racially divided moments. Simpson’s acquittal of double homicide charges gave white Americans a shock that their black friends, neighbors and co-workers have been long acquainted with, the chilling sense of denied justice. And for black Americans with an eye for bitter irony, Simpson’s acquittal showed a strange form of progress, at best: America had progressed enough to let a rich black man buy his way out of accountability in the way once reserved for rich white men.

But that’s not a good enough standard of justice for a great people or a great country. As demonstrated by the Rev. Al Sharpton’s fiasco with Tawana Brawley or the recent bogus Duke University rape case, unequal justice doesn’t always tilt against black folks or Latinos. We simply have been statistically more vulnerable to it.

In this increasingly diverse country, Americans should not have to spend another century playing one-downs-manship, competing to see whose race or ethnic group can be the most victimized. The best legacy for the Jena Six march would be a new movement, dedicated this time to the reduction and elimination of unequal justice wherever it appears. I don’t care who leads it, but it shouldn’t be for blacks only.

Page is a Pulitzer Prize-winning syndicated columnist specializing in urban issues. He is based in Washington, D.C. (cpage@tribune.com )



Year of racial unrest in La. town
September 19, 2007, 10:01 pm
Filed under: News Stories

Grounds of discontent

Chris Graythen / Chicago Tribune

GROUNDS OF DISCONTENT: Last September, after a group of black students were allowed to sit under a tree on the unofficial “white” side of the grounds, a group of white students hung nooses from its branches.

Stiff charges for the ‘Jena Six,’ black teens who beat a white youth, draw wide attention. The raw atmosphere started with nooses in a tree.

By Miguel Bustillo, Los Angeles Times Staff Writer
September 15, 2007

JENA, La. — In December, six black boys jumped a white boy at the high school here and beat him while he lay unconscious.

The victim was taken to the hospital, but he was not gravely hurt. He attended a class ring ceremony later that evening.

Families unite

Families unite

click to enlarge

The black boys were charged with attempted murder, which threatened to put them in prison for most of their lives. The district attorney alleged they’d used a deadly weapon: their sneakers.

The case of the so-called Jena Six has elicited outrage around the world — not only because of the stiff charges brought against the black teenagers, but because of the stark contrast between the way black boys and white boys in the same town were treated.

The assault was the culmination of months of racial unrest in Jena (pronounced JEE-nuh), a former sawmill town of about 3,000 people in the backwoods of central Louisiana. It started at the beginning of the last school year, when a black freshman at Jena High School asked the vice principal during a school assembly whether he could sit under the “white tree,” a gnarled oak on campus where white students gathered to escape the stifling Southern heat. He was told to sit wherever he wanted.

The following day last September, three hangman’s nooses were dangling from the oak’s branches. Two months later, the school was set on fire.

The three white boys who hung the nooses were identified but not expelled or charged with a hate crime; they were suspended for three days. No one has been charged in the arson.

The Jena Six were kicked out of school last school year. Five were charged as adults with crimes that carry long prison sentences. (The other boy is being tried as a juvenile and was recently allowed to return to classes.)

One of the six, Mychal Bell, 17, was convicted of aggravated battery by an all-white jury this year, a crime that carries a maximum punishment of 15 years. On Friday, a state appeals court overturned his conviction after his defense attorneys argued that he was unlawfully tried as an adult.

Still, Bell remained behind bars late Friday, as he had been for the last nine months. It is unclear whether LaSalle Parish Dist. Atty. Reed Walters will seek to drop the charges, retry him as a juvenile or ask the Louisiana Supreme Court to overturn the appellate court’s decision. Walters did not return requests for comment.

“It’s not a complete victory; we can’t celebrate yet,” said Louis Scott, one of a team of Louisiana lawyers defending Bell pro bono. “But when we got in this game, we were a couple of touchdowns behind. Now the game is tied.”

The “white tree” at the high school was recently cut down by local leaders, and Walters has been reducing the charges against the Jena Six to aggravated battery; attempted murder carries a maximum sentence of more than 50 years.

But those actions have done little to quell the criticism of the way Jena authorities have handled the case.

“If a black person does something in Jena, they do more time than a white person. It’s always been that way,” said Bell’s mother, Melissa Bell. “The white kids here can run loose, drink beer, whatever. But if you are black, don’t you dare act like that.”

African American leaders such as the Rev. Al Sharpton and Martin Luther King III argue that the case has raised disturbing questions about lingering racism and uneven justice in the Deep South.

Bloggers and student activists have taken up the Jena Six cause, saying the case is not unique: Studies have shown that black youths often receive harsher penalties than white youths.

Rallies to support the Jena Six are taking place around the country, and the Nation of Islam and other religious organizations had been planning a bus trip to Jena for Mychal Bell’s sentencing, which had been scheduled for Thursday.

It was unclear Friday whether the rally, which was expected to draw thousands including the Rev. Jesse Jackson, would still take place. Jena officials have called off classes at six schools in anticipation of possible unrest.

“Jena is a 1960 town in a 2007 world. It’s like going 47 years in the past,” said the Rev. Raymond Brown, a New Orleans civil rights activist. “The message being sent here is: ‘Don’t you touch any white people, because if you do you will get locked up for life.’ ”

But in Jena, about 230 miles northwest of New Orleans, some whites say their town is suffering the real injustice. They blame out-of-state activists and the news media for painting a sensationalized picture of Jena as a throwback to the institutionalized racism of the Jim Crow era. They would prefer that the camera crews and ministers leave for good.

The noose incident was “nothing more than a bad joke. Whites and blacks stuck their heads in the nooses, poking fun at it,” said Billy Fowler, a local school board member. “The black students — it caused some tension for them, I’m sure, but it’s not as crazy as it’s been made out to be.”

Fowler said that though he and many others agreed that the Jena Six were being excessively punished, many had lost sympathy for the boys because of damage to the town’s reputation.

“If they’d kept their mouths shut, they might have gotten those charges taken off,” he said. “But with the way this town’s been done wrong, I don’t think that’s going to happen now.”

Fowler and others assert that there’s no direct connection between the noose incident and the later beating, a position supported by U.S. Atty. Donald Washington, who has been reviewing the case for possible federal intervention.

But supporters of the Jena Six argue that the nooses divided the town and sparked an ugly series of racial fights that culminated in the six-on-one beating.

After the nooses were hung, Jena High Principal Glen Joiner recommended expulsion for the white students responsible. But he was overruled by LaSalle Parish Schools Supt. Roy Breithaupt — a decision that angered Jena’s 350 or so black residents. Breithaupt did not respond to requests for comment.

After the decision, black students at Jena High gathered under the tree in protest.

Fights between blacks and whites broke out for days, and the principal ultimately called an assembly in which Dist. Atty. Walters, flanked by armed police, addressed the school.

“With a stroke of my pen, I can make your lives disappear,” Walters said. In a court hearing where an attorney tried to have Walters removed from the beating case on grounds that he was biased, Walters, who is white, admitted making the statement. But he denied that he had been looking at black students when he said it, as some have said he had been.

Just before the incident that resulted in stiff charges for the Jena Six, white youngsters had attacked one of the six black boys, Robert Bailey, 17, striking him with beer bottles as he tried to enter a party. Only one of the attackers was charged — with simple battery.

The next day, a white man who had been at the party brandished a shotgun during an altercation with Bailey and several other black boys.

He was not charged, but the boys, who wrestled the gun away from him, were charged with stealing it.

At a hearing last month in which Mychal Bell’s new attorneys tried to get him released on bail, prosecutors revealed that Bell had been on juvenile probation and had been involved in other violence. Supporters of the stiff charges called the disclosure proof that the charges were just.

On Friday, Bell’s attorneys said they would now seek school reinstatement for Bell — an honor student and star running back who was being courted by top football colleges including Louisiana State University — while he fought his legal battles.

“I just hope this doesn’t mess up his mind, being locked up with grown men,” Melissa Bell said tearfully as she stared at a picture of her son in black-and-white prison stripes. “He had such a bright future in front of him. I really hope he can get his life back.”

miguel.bustillo@latimes.com



All that remains
September 18, 2007, 6:56 pm
Filed under: Blogroll

As the city’s elderly return, many find Katrina has left them only rubble or a life of squalor

By Richard Fausset
Times Staff Writer

September 18, 2007

NEW ORLEANS — For many elderly survivors of Hurricane Katrina, life has become a minor-key coda of rubble and ruin, of discomfort and displacement, of strained social services and fear of depredation.

About 40,000 of New Orleans’ 85,000 elderly have returned since the city flooded two years ago, said Howard Rodgers III, executive director of the New Orleans Council on Aging.

The public and private sectors are doing what they can for the elderly, but they are overwhelmed by the need. Space is available at nursing homes, though it is more limited at the assisted living centers that cater to the moderately infirm. Like anywhere, though, seniors here are loath to give up their independence. For some, the alternative is squalor.

On a late summer morning, Juliette Allen, 64, was sitting calmly among the roaches that crawled around her dank apartment. Her home nursing-care company had sent over an exterminator, who was spraying the walls. It was sweltering hot; Allen said her social worker was trying to find an air conditioner.

Allen’s husband John, 75, was in the hospital with heart and lung trouble. Allen said she and her husband weren’t ready for assisted living. Their Ninth Ward home was badly damaged; reconstruction would begin soon, but was not expected to be completed until Christmas.

Joyce Simms Wood, 77, also refuses to go to a nursing home. She prefers to stay alone in a trailer in front of her damaged house in a ghostly New Orleans East neighborhood.

Wood can barely walk. The handicapped ramp that the government built her is useless, she says, because it has steps. A church group came by to gut her house, but Wood suspected them of stealing and ran them off. A Meals on Wheels truck brings her food.

“A nursing home,” Wood growled, “is a slaughterhouse.”

Other seniors have had better luck and better health, and are patiently rebuilding. Former merchant seaman Andrew Frick, 83 has faced down some sad times alone in a government trailer in Meraux, a suburb. But he has arranged for his house to be remodeled in Chalmette and expects to be home before long.

Former handyman Charles Taylor, 81, knows that fixing Katrina’s damage will be his life’s last job. He has stomach and liver cancer, he says, and only six months to live. He has been slowly restoring his modest Ninth Ward duplex for the relatives who will survive him.

His age and condition have made the work slow and painful.

“But I ain’t going to stop though,” he said. “I might die, but I ain’t going to give up.”



Alabama Plan Brings Out Cry of Resegregation
September 17, 2007, 4:59 pm
Filed under: News Stories

September 17, 2007

SAM DILLON TUSCALOOSA, Ala. — After white parents in this racially mixed city complained about school overcrowding, school authorities set out to draw up a sweeping rezoning plan. The results: all but a handful of the hundreds of students required to move this fall were black — and many were sent to virtually all-black, low-performing schools.

Black parents have been battling the rezoning for weeks, calling it resegregation. And in a new twist for an integration fight, they are wielding an unusual weapon: the federal No Child Left Behind law, which gives students in schools deemed failing the right to move to better ones.

“We’re talking about moving children from good schools into low-performing ones, and that’s illegal,” said Kendra Williams, a hospital receptionist, whose two children were rezoned. “And it’s all about race. It’s as clear as daylight.”

Tuscaloosa, where George Wallace once stood defiantly in the schoolhouse door to keep blacks out of the University of Alabama, also has had a volatile history in its public schools. Three decades of federal desegregation marked by busing and white flight ended in 2000. Though the city is 54 percent white, its school system is 75 percent black.

The schools superintendent and board president, both white, said in an interview that the rezoning, which redrew boundaries of school attendance zones, was a color-blind effort to reorganize the 10,000-student district around community schools and relieve overcrowding. By optimizing use of the city’s 19 school buildings, the district saved taxpayers millions, officials said. They also acknowledged another goal: to draw more whites back into Tuscaloosa’s schools by making them attractive to parents of 1,500 children attending private academies founded after court-ordered desegregation began.

“I’m sorry not everybody is on board with this,” said Joyce Levey, the superintendent. “But the issue in drawing up our plan was not race. It was how to use our buildings in the best possible way.” Dr. Levey said that all students forced by the rezoning to move from a high- to a lower-performing school were told of their right under the No Child law to request a transfer.

When the racially polarized, eight-member Board of Education approved the rezoning plan in May, however, its two black members voted against it. “All the issues we dealt with in the ’60s, we’re having to deal with again in 2007,” said Earnestine Tucker, one of the black members. “We’re back to separate but equal — but separate isn’t equal.”

For decades school districts across the nation used rezoning to restrict black students to some schools while channeling white students to others. Such plans became rare after civil rights lawsuits in the 1960s and ’70s successfully challenged their constitutionality, said William L. Taylor, chairman of the Citizens’ Commission on Civil Rights.

Tuscaloosa’s rezoning dispute, civil rights lawyers say, is one of the first in which the No Child Left Behind law has become central, sending the district into uncharted territory over whether a reassignment plan can trump the law’s prohibition on moving students into low-performing schools. A spokesman, Chad Colby, said the federal Education Department would not comment.

Tuscaloosa is not the only community where black parents are using the law to seek more integrated, academically successful schools for their children.

In Greensboro, N.C., students in failing black schools have transferred in considerable numbers to higher-performing, majority-white schools, school officials there said. A 2004 study by the Citizens’ Commission on Civil Rights documented cases in Florida, Indiana, Tennessee and Virginia where parents were moving their children into less-segregated schools.

Nationally, less than 2 percent of eligible students have taken advantage of the law’s transfer provisions. Tuscaloosa, with 83,000 residents, is an hour’s drive west of Birmingham. During court-ordered desegregation its schools roughly reflected the school system’s racial makeup, and there were no all-black schools.

But in recent years the board has carved the district into three zones, each with a new high school. One cluster of schools lies in the east of the city; its high school is 73 percent black.

Another cluster on Tuscaloosa’s gritty west side now amounts to an all-black minidistrict; its five schools have 2,330 students, and only 19 are white. Its high school is 99 percent black.

In contrast, a cluster of schools that draw white students from an affluent enclave of mansions and lake homes in the north, as well as some blacks bused into the area, now includes two majority-white elementary schools. Its high school, Northridge, is 56 percent black.

At a meeting in February 2005, scores of parents from the two majority white elementary schools complained of overcrowding and discipline problems in the middle school their children were sent to outside of the northern enclave.

Ms. Tucker said she, another board member and a teacher were the only blacks present. The white parents clamored for a new middle school closer to their homes. They also urged Dr. Levey to consider sending some students being bused into northern cluster schools back to their own neighborhood, Ms. Tucker said. Dr. Levey did not dispute the broad outlines of Ms. Tucker’s account.

“That was the origin of this whole rezoning,” Ms. Tucker said.

Months later, the school board commissioned a demographic study to draft the rezoning plan. J. Russell Gibson III, the board’s lawyer, said the plan drawn up used school buildings more efficiently, freeing classroom space equivalent to an entire elementary school and saving potential construction costs of $10 million to $14 million. “That’s a significant savings,” Mr. Gibson said, “and we relieved overcrowding and placed most students in a school near their home. That’s been lost in all the rhetoric.”

Others see the matter differently. Gerald Rosiek, an education professor at the University of Alabama, studied the Tuscaloosa school district’s recent evolution. “This is a case study in resegregation,” said Dr. Rosiek, now at the University of Oregon.

In his research, he said, he found disappointment among some white parents that Northridge, the high school created in the northern enclave, was a majority-black school, and he said he believed the rezoning was in part an attempt to reduce its black enrollment.

The district projected last spring that the plan would move some 880 students citywide, and Dr. Levey said that remained the best estimate available. The plan redrew school boundaries in ways that, among other changes, required students from black neighborhoods and from a low-income housing project who had been attending the more-integrated schools in the northern zone to leave them for nearly all-black schools in the west end.

Tuscaloosa’s school board approved the rezoning at a May 3 meeting, at which several white parents spoke out for the plan. One parent, Kim Ingram, said, “I’m not one who looks to resegregate the schools,” but described what she called a crisis in overcrowding, and said the rezoning would alleviate it. In an interview this month, Ms. Ingram said the middle school attended by her twin seventh-grade girls has been “bursting at the seams,” with student movement difficult in hallways, the cafeteria and locker rooms.

Voting against the rezoning were the board’s two black members and a white ally.

Dan Meissner, the board president, said in an interview this month that any rezoning would make people unhappy. “This has involved minimal disruption for a school system that has 10,000 students,” he said.

But black students and parents say the plan has proven disruptive for them.

Telissa Graham, 17, was a sophomore last year at Northridge High. She learned of the plan last May by reading a notice on her school’s bulletin board listing her name along with about 70 other students required to move. “They said Northridge was too crowded,” Telissa said. “But I think they just wanted to separate some of the blacks and Hispanics from the whites.”

Parents looking for recourse turned to the No Child Left Behind law. Its testing requirements have enabled parents to distinguish good schools from bad. And other provisions give students stuck in troubled schools the right to transfer. In a protest at an elementary school after school opened last month, about 60 black relatives and supporters of rezoned children repeatedly cited the law. Much of the raucous meeting was broadcast live by a black-run radio station.

Some black parents wrote to the Alabama superintendent of education, Joseph Morton, arguing that the rezoning violated the federal law. Mr. Morton disagreed, noting that Tuscaloosa was offering students who were moved to low-performing schools the right to transfer into better schools. That, he said, had kept it within the law.

Dr. Levey said about 180 students requested a transfer.

Telissa was one of them. She expects to return this week to Northridge, but says moving from one high school to another and back again has disrupted her fall.

One of Telissa’s brothers has also been rezoned to a virtually all-black, low-performing school. Her mother, Etta Nolan, has been trying to get him a transfer, too.

“I’m fed up,” Ms. Nolan said. “They’re just shuffling us and shuffling us.”



Immigration Raids Echo History of African Americans
September 13, 2007, 5:39 pm
Filed under: Blogroll

New America Media, Commentary

Jean Damu, Posted: Sep 13, 2007

Editor’s Note: Raids on undocumented workers today are nothing new for African Americans, who saw raids on their own population more than 150 years ago.

 

In August local law enforcement and immigration officials in a small Pennsylvania town began receiving reports that undocumented immigrants were being offered sanctuary at a nearby residence. Furthermore, the reports went on to say, during the daytime hours, the immigrants were blending into portions of the local population and working in one of the city’s factories. 

After several weeks of investigation, the authorities determined that, in fact, the reports of the undocumented immigrants’ activities were true.

In response to this perceived emergency, an interagency task force of immigration and local police personnel was organized. It was decided that an early morning raid would be the quickest and safest way to take the immigrants into custody and to prepare them for deportation.

The raid was carried out in September. After a brief struggle, the undocumented were overpowered, handcuffed and taken to jail, where they were told to prepare themselves for hearings to determine their eligibility for deportation. 

The above incident is not unusual. It has played out countless times, in countless cities across the nation, as the United States struggles to come to grips with a moral question that is rooted in economics the issue of undocumented workers.

The unusual aspect of the story, however, is that it did not take place in 2007 or 2006. It took place in the town of Christiana , Pa. And it took place in 1850. 

In 1850, it was not the office of Immigration and Customs Enforcement (ICE) that conducted the early morning raid, but rather an office of the U.S. Marshal and Deputy Marshal. And in 1850, the undocumented that were being rounded up were not Latinos or Asians but rather fugitive enslaved Africans who had crossed into Pennsylvania from Delaware in an attempt to escape slavery.

The fugitives were given sanctuary by members of the Black Self-Help Society, an armed organization that was formed many decades before the African Blood Brotherhood and the Black Panther Party. The group foreshadowed by only a few years the entry by massive numbers of blacks into the Union armies to fight the formerly officially endorsed “slavocracy.” 

The right-wing political powers of the 21st century that re-configured the Immigration and Naturalization Service into ICE the agency that is currently conducting raids against “illegal immigrants” as a response to the so-called “war on terrorism” are direct descendants of those who created the U.S. Marshals and Deputy Marshals to enforce the fugitive slave legislations of the 18th and 19th centuries.

In the case of the Federal Marshals, the enforcement of immigration laws was fueled by politicians’ pandering to the political forces that would deliver free labor to the agrarian south and keep the United States a white man’s country. This objective was eloquently articulated in America ’s first immigration legislation adopted in 1789 as part of the establishment of the federal government and the year the U.S. Marshal’s office was brought into being. 

Though the conditions of life are vastly more complicated today than when the first immigration laws were enacted, one can easily come to the conclusion that one of ICE’s unstated missions is to help maintain white supremacy. If this is not true, then why does no one discuss the issue of undocumented white workers who enter the country from Europe and Canada?

It is tempting to argue that the immigration movement is completely analogous to the abolitionist movement. That would be a mistake. After all, who would want to claim that deporting someone to Mexico is the same as returning them to slavery? But the similarities are powerful enough to convince many African Americans that it is in their best interest to support those who struggle against black people’s historic enemies. 

It took decades of abolitionist work and unprecedented armed struggle to wrest the practice of slavery from the breast of America . Similar decades of educational work and political organizing were required to convince the majority of Americans that legalized discrimination in the form of the Jim Crow laws was also wrong. That struggle continues to this day.

Today there is much misunderstanding and confusion over immigration: some say the issue is too complicated, that there are too many global economic forces at work for the lay person to fully grasp. This is no different from earlier times when much confusion and misunderstanding existed in regards to slavery. In both cases, racism and unbridled white supremacy joined hands to generate the confusion. 

Though the issue of immigration has been around since the birth of this nation, the current immigration movement is still in its early stages. If it is to achieve the perceived successes of the civil rights movement, it must do a better job of uniting with that sector of the U.S. population that so clearly participated in and benefited to a significant degree from the civil rights movement: Black America. On the other hand, African Americans should be sensitive to the current conditions in which many immigrants find themselves. These conditions, after all, are not unfamiliar to us.

Jean Damu is a member of the Black Alliance for Just Immigration.
________________________________________

Arnoldo Garcia

National Network for Immigrant and Refugee Rights

Red Nacional Pro Derechos Inmigrantes y Refugiados

310 8th Street Suite 303

Oakland , CA 94607

Tel (510) 465-1984 ext. 305

Fax (510) 465-1885

Reply to: agarcia@nnirr.org

www.nnirr.org

www.migrantdiaries.blogspot.com



30 Mexican Workers Level Kidnapping Allegations Against Police In Mississippi Town
August 24, 2007, 11:14 pm
Filed under: Blogroll

30 Mexican workers level kidnapping allegations against police in
Mississippi town
By HOLBROOK MOHR Associated Press Writer

JACKSON, Miss. — Thirty Mexican nationals with visas to work in the
U.S. claim police in Pascagoula kidnapped and threatened them with
arrest or deportation if they did not return to an employer.

The workers, backed by the Mississippi Immigrants Rights Alliance, the
American Civil Liberties Union and other advocacy groups, said
Wednesday that Pascagoula Police Capt. George Tillman threatened to
send them to jail if they didn’t return to work for a recruitment
company.

The workers plan to file a lawsuit accusing Tillman of “kidnapping,
kidnapping with intent to enslave, false imprisonment, human
trafficking, and violations of the workers’ civil and constitutional
rights,” they said in a news release.

Enrique Garcia, 41, one of the workers, said Tillman told the workers
the company “owned” them.

Interim Pascagoula Police Chief Eddie Stewart said in a statement that
the allegations were without merit. He said they stemmed from a “call
for service in which two private contractors were in a dispute over who
employed a group of workers.”

Officers handled the situation properly, he said.

“Our responding officers, with the assistance of Immigration Customs
Enforcement, explained to both the private contractors and the workers
their options,” Stewart said.

Jackson County Assistant District Attorney Brice Wiggins said Wednesday
his “office has not received a complaint or allegation on the matter.”

The workers said they received H2B temporary visas to work for
Southwest Shipyards in Channelview, Texas, but left the company because
they were paid less than they were promised and working conditions were
poor.

Under terms of their visas, the workers were permitted only to work for
the company that sponsored them. A message seeking comment left after
hours Wednesday with Southwest Shipyards was not immediately returned.

The workers said they were promised jobs by a labor recruiting company
but that after six days of waiting in cramped mobile homes the company
had put them up in, they left for Pascagoula Miss., where they found
work repairing ships.

The workers said an official from the labor recruiting company tracked
them down and showed up with Tillman and at least two other officers on
Aug. 2. They said Tillman told them the recruiting company owned them
and that could be jailed if they didn’t return to work.

Garcia said the workers were not searched, handcuffed or detained by
the officers, but that the way they were handled merits their
kidnapping claim.

“Capt. Tillman told us that we had two options: that either we go back
to work … or be detained,” he said.

Patricia Ice, an attorney for the Mississippi Immigrants Rights
Alliance, acknowledged that the men were in violation of their visa
agreement by leaving the original employer. But the company had
violated agreements with the workers, she said.

The workers, all from Veracruz, Mexico, said they paid a recruiter
between $1,500 and $2,000 to come to the U.S., expecting to make $16.50
an hour. Instead, they said Southwest Shipyards paid them $14 an hour,
of which they only kept $12 an hour after transportation and living
expenses were deducted.

With outside help, the workers escaped to New Orleans, where they have
been living without work or money, according to The (South Mississippi)
Sun Herald.



FLOC Denounces New Crackdown on Immigrants
August 22, 2007, 7:12 am
Filed under: Commentary

FLOC Denounces New Crackdown on Immigrants

On August 10 Secretary of Homeland Security, Michael Chertoff, and Secretary of Commerce, Carlos M. Gutierrez, held a joint press conference to announce a sweeping new crackdown on undocumented workers and employers.  DHS’s plans will do little except increase the feelings of fear and panic in immigrant communities which is already running at record levels.  It will also increase the feeling of uncertainty small American farmers have.  In fact, Baldemar Velasquez, President of FLOC, emphasizes that “our farmer employers are distraught that these new regulations will threaten our vibrant $78 million dollar NW Ohio agricultural economy already plagued by labor shortages.”

With the DHS announcement, it is clear that the immigration reform debate—limited as it was—that might have provided a path to legal status for the 8-12 million undocumented workers has ended and the only ideas being considered now are harsh enforcement-only policies.

Instead of helping to fix America’s broken immigration system, enforcement-only plans will only result in the increased misery of millions of the hardest working people in this country; as previous raids and crackdowns have proven, it will do very little to reduce the immigrant population living in the country without legal status.

“We are handing the criminal element a greater opportunity to flourish in the multi-billion dollar fake ID and human trafficking business,” said Baldemar Velasquez.

The Department of Homeland Security (DHS) issued a 26-point list of “enforcement tools” they will use in their crackdown.  The National Immigration Law Center reports DHS’s plans include:

*  Convert Social Security Administration “no-match letters”
into an immigration enforcement tool. DHS announced it
will issue 140,000 letters starting September 10th to
employers questioning the status of 8 million workers.
*  Increase civil fines against employers who knowingly hire
undocumented workers, and expand efforts to criminally
prosecute employers;
*  Increased militarization of the border with more Border
Patrol agents, more border fences, and more cameras
and radars;
*  Expand detention facilities to house 31,000 people with
no suggestion that widespread rights violations in the
current facilities will be reviewed;
*  Reduce access to court hearings to contest erroneous
deportation orders;
*  “Streamline” guestworker programs with no indication
that the current recruitment problems FLOC has
uncovered will be addressed;

Instead of bring undocumented workers out of the shadows and giving them a chance to bargain with their employers for a fair day’s pay, this strategy will drive them deeper into the underground economy and into the hands of human traffickers and unscrupulous employers who will exploit them even further.

FLOC understands the need for national security, but we believe these new policies will not make our country safer.  We need to stop picking on poor people, and go after the real criminals; not help their crooked businesses grow.

FLOC’s position is clear. Whether immigrant workers have legal status or not, they deserve the basic labor and human rights that will allow them to live with dignity and respect.

For more information on the immigration issue, see the FLOC website on:

Immigrant Rights (www.floc.com)



Hands Across el Rio
August 22, 2007, 5:29 am
Filed under: call for action, News Stories

Calling all “HANDS”.  Amigas and amigos from both sides of el Rio Grande/Bravo…to form human chains across the bridges crossing the Rio Grande/Bravo and to show off our solidarity and friendship.  Calling all paddles.  Kayakers, canoeists, row boaters, inner-tubers…to form a flotilla upriver from the bridges and show off our geography and the Rio that unites us.

In two weeks we will kick off Hands Across el Rio at the downtown bridge in El Paso-Juarez.  We will do our best to keep everyone updated on www.borderambassasors.com <http://www.borderambassasors.com> .  We have folks in the different regions that are helping to make this historic event a success knowing the importance of this 1250 mile 16 day show of solidarity on both sides of the Rio Grande…in opposition to a grotesque wall that would divide we the people and destroy our environment and economy.

Here are some related news links to Hands Across el Rio.

USA Today.  http://blogs.usatoday.com/oped/2007/08/texans-raising-.html

KGBT 4…CBS…McAllen. (See video clip)  http://www.kgbt4.com/Global/story.asp?S=6907456&nav=menu90_3 <http://www.kgbt4.com/Global/story.asp?S=6907456&amp;nav=menu90_3>

El Paso Times.  http://www.elpasotimes.com/news/ci_6575165

Rio Grande Guardian. http://www.riograndeguardian.com/rggnews_story.asp?story_no=14

The Daily Texan. http://media.www.dailytexanonline.com/media/storage/paper410/news/2007/08/08/TopStories/A.Line.In.The.Sand-2929832.shtml

Below are some of the diverse organizations that have already given their endorsement.  Followed by our wish list.

League of United Latin American Citizens
www.lulac.org <
http://www.lulac.org>

Texas Border Coalition
www.texasbordercoalition.org <
http://www.texasbordercoalition.org>

Texas Chapter of the Labor Council for Latin American Advancement/AFL-CIO
www.lclaa.org <
http://www.lclaa.org>

The Border Trade Alliance
www.thebta.org <
http://www.thebta.org>

Cesar E. Chavez Legacy and Educational Foundation
www.sachavezfoundation.org <
http://www.sachavezfoundation.org>

Lone Star Sierra Club
www.texas.sierraclub.org <
http://www.texas.sierraclub.org>

No Border Wall
www.notexasborderwall.com <
http://www.notexasborderwall.com>

We do need to ask for assistance.  Here’s our wish list.

We welcome any volunteer who would like to chronicle Hands Across el Rio.  Videographers, photographers, writers, reporters.

We welcome any individual and organization to help with handling the media, actual events and logistics, both locally as well as regionally.

We are also looking for a volunteer to be administrator of our blog and forum at www.borderambassadors.com <http://www.borderambassadors.com> .

With deep gratitude, we will accept any financial assistance, however small.  We will gladly list all who help out financially on a special “Amigos” page.  http://www.borderambassadors.com/donations.html

If a business or organization wants to be an official sponsor of Hands Across el Rio, we will give a banner on the website.

If anyone wants to advertise on Border Ambassadors you can go to this link. http://www.borderambassadors.com/advertising.html

We also ask that you consider signing and passing along the NO BORDER WALL petition to stop the proposed wall that would divide us and destroy our environment, economy and culture.   
http://www.thepetitionsite.com/1/oppose-the-border-wall.

Finally, we ask that you forward and share this with your friends and your own respective networks.  Be a part of this history altering and epoch event.

In solidarity…



Texas defies federal court with plan to execute man who did not kill
August 22, 2007, 5:11 am
Filed under: News Stories

Dan Glaister in Los Angeles
Monday August 20, 2007
The Guardian

Texas is poised to execute a man for a crime he did not commit. While the perpetrator of the murder in San Antonio was executed last year, Kenneth Foster, who was sitting in a car 25 metres away at the time of the shooting, was sentenced to death under the “law of parties”.The controversial Texas law removes the distinction between the principal actor and accomplice in a crime, and makes a person guilty if they “should have anticipated” the crime.

While a federal appeals court declared that Foster’s death sentence contained a “fundamental constitutional defect”, a legal anomaly means the state appeals court cannot overturn his conviction, there being no new evidence.After the failure this month of Foster’s most recent appeal, the 30-year-old African-American’s final hope of avoiding execution on August 30 rests with an appeal for clemency to the Texas parole board and the Texan governor, Rick Perry.

“He’s on death row because they screwed up,” said his attorney, Keith Hampson. “There has been a series of mistakes that has had a cascading effect. Now I’m asking the court to step in on their own motion to correct their mistake. Otherwise this guy gets executed.”

On August 14 1996 Foster and three friends were driving around San Antonio smoking marijuana and robbing people at gunpoint. Foster, who was driving, stayed in the car while two others, Mauriceo Brown and Julius Steen, robbed. As they went to the home of Dwayne Dillard, the fourth person in the car, they found themselves in an unfamiliar neighbourhood. A woman asked why they were following her, and as she left Brown got out of the car and followed her to the home of her boyfriend, Michael LaHood. Brown and Mr LaHood argued, and the three in the car, 25 metres away, heard a “pop”. Brown returned to the car and Foster drove off.

The four were arrested in connection with Mr LaHood’s murder. Dillard was never tried for the crime, and Steen had a deal with the prosecutors. The prosecutors sought the death sentence only for Brown and Foster, and at the district attorney’s behest the pair were tried together.

While Brown’s conviction was straightforward, Foster’s depended on Steen’s testimony – who had said he had had “a pretty good idea” of what was going to happen when Brown left the car. In the trial Steen’s testimony was key: it showed there had been a conspiracy to commit the armed robbery. If Steen knew about it, the logic went, then so did Foster.

The decision to try Brown and Foster together harmed Foster, said his attorney. Foster, the bigger man, appeared the dominant figure. And when Steen testified, his gang friends arrived to watch. The jury allegedly assumed the gang was linked to Foster; they requested and got armed guards for the remainder of the trial.

Brown and Foster received death sentences in May 1997. Brown was executed by lethal injection last year.

Since Foster’s conviction evidence has emerged suggesting there was no agreement to rob Mr LaHood. But the basis for Foster’s appeal has been the unconstitutionality of his punishment, a point made by his lawyer in a letter this month to the head of the Texas parole and pardons board. However, the fifth circuit court of appeals concurred with previous rulings that Foster should have known someone might be killed that night in 1996.

“Foster could not have helped but anticipate the possibility that a human life would be taken [during] one or more of his co-conspirators’ armed robberies,” the court wrote. It said he clearly displayed “reckless disregard for human life”.

Foster’s lawyer is dismayed. “We’re caught by this procedural glitch. Every court that has looked at this [concludes] his execution would be unconstitutional. It’s maddening,” Mr Hampson said.

The matter now rests with the Texas parole board, which can recommend the governor commutes the sentence if at least five of the seven board members agree. But Mr Perry has never commuted a death sentence, even on such advice.

In Texas 398 people have been put to death since capital punishment was reinstated in 1974, more than in any other state.



Immigration activist deported to Mexico
August 22, 2007, 5:08 am
Filed under: News Stories

Elvira Arellano, detained in L.A., is seen as an icon of migrant rights by some and as a symbol of lawlessness by others.

By Teresa Watanabe August 21, 2007

U.S. immigration officials announced Monday that Elvira Arellano, an illegal immigrant who symbolized inhumane treatment of migrants to some and brazen lawlessness to others, has been deported to her native Mexico, as immigrant-rights groups vowed to respond with massive protests.

Arellano, a 32-year-old single mother, was “a criminal fugitive alien who spent a year seeking to elude federal capture” by taking refuge in a Chicago church, U.S. Immigration and Customs Enforcement officials said.

The agency said that tracking down and deporting immigration fugitives was one of its “top enforcement priorities” and that 220,000 illegal immigrants had been deported between last October and July, among the highest numbers ever for a 10-month period.

Federal immigration officials said they chose to arrest Arellano because she had defied not only immigration law but also federal criminal law.

In 2002, she was arrested and later convicted of using a false Social Security number to find work cleaning airplanes at Chicago’s O’Hare International Airport, gaining access to a secure area of a major airport one year after 9/11, said Jim Hayes, director of the immigration agency’s detention and removal operations in Los Angeles.

“We see her not as an icon but as a priority and example of the type of person we want to ensure we’re removing from the United States,” Hayes said.

But many immigrant-rights groups view Arellano as a symbol of courage in defying U.S. deportation orders that separated her from her 8-year-old son, Saul, a U.S. citizen. Southern California labor, religious and immigrant-rights groups are organizing vigils, political lobbying to give Arellano legal status to return and a march on Saturday through downtown Los Angeles to protest the actions.

Activists are also planning a national rally and boycott on behalf of Arellano in Washington, D.C., on Sept. 12, said Carlos Montes of the March 25 Coalition, which organized the massive immigration march through Los Angeles last year.

“She’s encouraging and inspiring people by her courage in service of a mission to draw attention to the suffering of immigrant families,” said the Rev. Alexia Salvatierra, director of Clergy and Laity United for Economic Justice of California, who is helping coordinate a national movement to offer sanctuary to illegal immigrants.

Federal immigration officials arrested Arellano without incident Sunday outside Our Lady Queen of Angels Church in Los Angeles. After being processed at an immigration facility in Santa Ana, Arellano was taken 100 miles to the border crossing at San Ysidro and turned over to Mexican immigration officials later that day.

Arellano left behind her tearful son, who headed to Tijuana on Monday to visit her.

The boy, who has since settled down and is “very calm,” according to Anita Rico, an Arellano supporter who drove with him to Tijuana, agreed to make the trip only if he could return to the United States, where he prefers to live. He was scheduled to return Monday night.

Shortly after taking sanctuary last year, Arellano had discussed her situation with Saul and had given him the choice of what to do if she were arrested, Rico said. The soon-to-be third-grader, whom Rico described as a straight-A student enamored of wrestling and soccer, said he wanted to stay in the United States with his legal guardians, the Rev. Walter Coleman and his wife, whose Chicago congregation had harbored Arellano.

Rico said Arellano never stepped outside her Chicago sanctuary until, as her one-year sanctuary anniversary approached, she decided to risk arrest by stepping out publicly in Los Angeles and had planned to speak in Washington, D.C., next month.

“She said she would sacrifice herself because our people can’t wait any more for just immigration reform,” Rico said.

Arellano first entered the U.S. in 1997; she was caught and deported. A few days later, she reentered the country, a felony punishable by up to 20 years in prison. In 2002, she was arrested and convicted of using a false Social Security number in Chicago.

Last summer, an immigration judge ordered Arellano to appear for deportation. Instead, she sought refuge in the church.

Arellano’s deportation Sunday coincides with heightened enforcement against the nation’s estimated 12 million illegal immigrants and the collapse of congressional efforts to pass an immigration reform bill that would have offered them a path to citizenship.

Many immigrant-rights groups had not widely embraced the sanctuary movement as their first tactic of choice, focusing instead on political action to win comprehensive reform. Now, however, Arellano’s deportation could refocus activists’ energies on broadening the sanctuary movement, according to Germonique Jones, spokeswoman for the Washington-based Fair Immigration Reform Movement.

In Southern California, 25 churches have signed up to offer sanctuary; four families are being harbored.

“It’s a rallying cry,” Jones said of Arellano’s deportation, “and another spark to bring people together to fight for immigration reform.”

But Arellano’s deportation also gave voice to powerful passions against illegal immigrants.

The L.A. Times website, latimes.com, drew hundreds of reader responses to the article Monday about Arellano, many of them outraged by what they saw as flouting of immigration laws.

In Chicago, dozens of protesters gathered in front of federal immigration offices, chanting for Arellano’s return and waving signs that read “Stop Enforcing Racist Laws.”

For some like Cynthia Lorenzo, 32, the news of Arellano’s fight reflected their own troubles.

“I’m a U.S. citizen. My children are citizens and my husband isn’t,” Lorenzo said. “He was deported a year ago, and we’ve been fighting for him to return ever since. I keep hoping that things will change, but it’s so hard to keep fighting.”

teresa.watanabe@latimes.com

Times staff writer P.J. Huffstuffer in Chicago contributed to this report.