Reject Criminalization of Immigrants
Criminalizing Immigrants by Branding Them “Gang Members”
100 Mexicans Jailed in U.S. Raid
Stop Tancredo’s Fear Mongering
Journalists Oppose Media Criminalization of Undocumented Workers
December 18 2007
Call To Action for International Migrants Day


Reject Criminalization of Immigrants

The U.S. government, in its effort to split and terrorize the people while hiding its own crimes, is stepping up efforts to brand immigrants as criminals. Government policing agencies, like Immigration and Customs Enforcement (ICE) continue to conduct massive raids across the country. They storm whole communities, break into homes with weapons drawn and detain dozens of people at a time. They do this without warrants and with no crime committed. Probable cause is not even present. Simply the fact that immigrants live in the community is enough. Having faced broad and repeated opposition, from citizens and non-citizens alike, ICE is also now conducting raids in the name of arresting “violent foreign-born gang members.”

What is left in the shade in these raids is that it is not a crime to be undocumented and it is not a crime to be a member of a gang. In fact, there is no legal definition of criminal gang membership. It is not illegal to be a “gang” member, just as it is not a criminal offense to be in the country without documentation. It is a civil violation. The brand of “gang member” is used to justify broad and indiscriminate actions. With no legal standard, police are free to brand anyone and everyone as a “gang member” or their associate. So when raids are conducted with the claim of arresting “gang members” and their associates, ICE went after anyone and everyone. Then, anyone who could not produce the documentation they demanded was arrested. Many citizens where caught up in the raids, as well as those in the process of getting documentation and undocumented workers guilty of no crime. Some were disappeared, others detained, and a handful actually charged on suspicion of a crime.

The government is using these unjust and illegal raids to try and whip up fear and make it “normal” for dozens of armed police to raid communities, break into homes without warrants and take people away without cause. They are simply putting these facts on the ground and wrecking any semblance of rule of law in the process. Everyone is just supposed to accept that the government “knows best,” and that any crime can be committed in the name of stopping “gangs” or “terrorists” or “illegal aliens.”

The government is being facilitated in these efforts, especially the broad attacks on immigrants, by the monopoly media. The media repeatedly refers to immigrants and undocumented workers as “illegal aliens.” This serves to create the idea that immigrants as a collective are criminals and more particularly that anyone that is undocumented deserves to be grabbed and disappeared. After all, they are “aliens.” And now, in addition, they are supposedly “violent gang members,” or their associates.

What stands out here is that the government is trying to make it acceptable for them to determine who is or is not a criminal, not based on actual crimes, but based on arbitrary labels, like “gang member” or “alien.” Then they add anyone that is an associate and also brand them criminals. None of the labels are actually defined in law as crimes. This follows the practice of President George W. Bush to brand whole countries as “terrorists” or as “harboring terrorists,” to justify aggressive war, torture and indefinite detention. These same illegal and unjust crimes are being imposed at home.

As part of this government offensive, presidential candidates are also spreading the government’s lies about immigrants. For example, Representative Tom Tancredo recently began a television ad campaign that brands all immigrants as terrorists that are coming into the country to “kill us.” He of course ignores the fact that there is not a single case of a terrorist entering the country from Mexico, or of undocumented workers being responsible for any acts of terrorism. It is well known that the people suspected of hijacking the planes for the September 11 terrorist attacks all had the required documentation.

The claims of the government about a link between undocumented immigrants and terrorism are not for purposes of providing security. They are to hide the crimes of the government. They serve to make the government’s criminal actions normal, while instilling an atmosphere of fear and hostility among the people. We are supposed to target and blame each other, while supporting or at least ignoring the government crimes.

The difficulty for the ruling circles is that their efforts are backfiring. Broad and united opposition to the raids is taking place across the country. Indeed, in many places the local police and local elected officials are denouncing ICE and refusing to participate in the raids. They have said the raids are illegal and dangerous for all concerned. As well, where local officials have attempted to put in place laws against immigrants, they have been forced by opposition among the people to rescind them. In addition, people are increasingly recognizing that government claims about threats — whether it is threats from “terrorists,” or now threats from undocumented workers — are empty, while the government brutality and terrorism against the people is very real and completely illegal.

Broad actions have taken place against the raids and against this government terrorism. Many activities are planned for International Migrants Day, December 18. These are highlighting the stand of the peoples for fraternal unity based on our common struggle for rights. They make clear that we are not divided between documented or undocumented, citizen or non-citizen but are rather united in our fight for the rights of all. We are united in opposing government crimes and in demanding a society that is governed by laws and a system of laws that favors the people by guaranteeing their rights. It is very clear that the existing govern ment will not establish such a system and thus our fraternal unity requires that we organize to bring it into being.

Oppose Criminalization of Immigrants! Defend the Rights of All

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Criminalizing Immigrants by Branding Them “Gang Members”

People in New York State, especially Long Island, continue to oppose government efforts to unjustly criminalize immigrants by claiming they are “gang members.” In October, Julie L. Myers, assistant secretary of Immigration and Customs Enforcement (ICE) announced the arrests of 1,313 people in a nationwide government operation over the summer and fall. She claimed, “Violent foreign-born gang members and their associates have more than worn out their welcome,” and were being deported. The government program actually involved massive raids on immigrant communities, subjecting them to collective punishment, with gangs of police, guns drawn, entering homes. Very often, few, if any, “gang members” were detained or deported. The brutal and arbitrary nature of the raids in New York and elsewhere were such that city and town officials and police refused to take part.

For example, in Greenport, a town of 2,500 people, in an ICE raid on innocent people’s homes, 11 men were detained. Ten of them had no criminal record and were not gang members or even associates. One was only suspected of “gang affiliation,” not even suspected of any crime, let alone a violent one. All of the men were disappeared into ICE’s immigration detention system.

Greenport was the norm in the raids, not the exception. People there, like those elsewhere, denounced the raids and the government efforts to frighten and terrorize whole communities. People brought out that the vast majority of the people detained were not gang members or associates. They rightly condemned the “cowboy mentality” of the ICE agents, especially the armed raids on peoples’ homes without warrants or cause. ICE made no apologies, provided no compensation, nothing for its crimes. Nor has the government held them accountable. Indeed, they said “collateral arrests” of immigrants who are not gang suspects and have committed no crimes are “always appropriate to the agency’s mission.” People are demanding an immediate end to the raids and that the government criminals be charged.

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100 Mexicans Jailed in U.S. Raid

Recent months have seen a big increase in raids by the Immigration and Customs Enforcement (ICE), with thousands being unjustly deported. At the end of November, the government took their criminal actions a step further. Instead of deporting people, the Border Patrol arrested 100 Mexican citizens and jailed them. The people arrested were scattered to federal jails far from the border, arbitrarily charged with petty crimes and often fined as well. The attack was carried out in the area dividing Laredo, Texas and Mexican territory.

These actions are unjust and illegal. Under the U.S. system, there are two distinct bodies of law, civil and criminal, and violations of each are treated differently. Immigration offenses, such as entering the country without authorization or without documentation, are civil violations, not criminal ones. Individuals detained along the border with Mexico without documentation or authorization are subject to deportation not jail. In the past, people found in cities like Los Angles and New York were commonly sited and given a period of time to correct documentation problems or were detained and went before an immigration judge to make their case against deportation. Now, with the so-called “zero tolerance” actions by the government, mass raids and deportations are taking place in cities nationwide when no crime has been committed. And now Mexican citizens are being jailed and arbitrarily charged with crimes, when no crime has actually been committed.

The raids and jailings were denounced by rights organizations in the U.S. and Mexico as violation of rights. The jailing of Mexicans and their forceful removal to prisons distant from their country was as illegal and unjust. Immigrant rights organizers also denounced the border Death Wall, where the placement of all types of barriers along the border is causing immigrants to take more dangerous routes to make the crossing. From 1986 to date, at least 10,000 Mexicans have died of hunger, thirst or in the course of being pursued in desert and mountain areas, including many women and children.

Rights organizations continue to organize to Stop the Raids and Deportations! Full and Immediate Documentation for All!

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Stop Tancredo’s Fear Mongering

Republican Presidential candidate Tom Tancredo recently began a vicious television ad campaign attempting to brand immigrants as terrorists. He did this in a situation where there is not a single case, even one fabricated by the government, of terrorists entering the country from Mexico. Tancredo branded all those coming into the country as “coming to kill” and demanded yet increased government attacks on immigrants. At the recent Republic candidates debate, all the candidates did their best to take an even more criminal stand than Tancredo. Below is a petition to oppose the Tancredo ads, one part of the fight being organized both sides of the border to defend rights.

Sign the petition to keep Tom Tancredo’s ad off the air.

(Update - 6,148 Signatures so far!)

Dear Local Network Affiliate,

We the undersigned are writing to request that you do not air Presidential Candidate Tom Tancredo’s new television ad. Congressman Tancredo’s ad, released on Monday, November 12, 2007, features a terrorist leaving a bomb in a public place.

In making the unverifiable claim that “Islamic Terrorists” have snuck into the United States across our Southern border, Tancredo is doing something analogous to yelling fire in a crowded theatre. This sort of fear mongering is harmful to American citizens and immigrants alike.

We, therefore, respectfully request that you do not allow the ad to be aired on your station. Thank you for your consideration in this matter.

Sincerely,

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Journalists Oppose Media Criminalization of Undocumented Workers

As protesters march in the streets and debate intensifies in Congress over how to fix the nation’s immigration laws, the National Association of Hispanic Journalists (NAHJ) calls on our nation’s news media to use accurate terminology in its coverage of immigration and to stop dehumanizing undocumented immigrants.

NAHJ is concerned with the increasing use of pejorative terms to describe the estimated 11 million undocumented people living in the United States. NAHJ is particularly troubled with the growing trend of the news media to use the word “illegals” as a noun, shorthand for “illegal aliens.” Using the word in this way crosses the line by criminalizing the person, not the action they are purported to have committed. NAHJ calls on the media to never use “illegals” in headlines.

Shortening the term in this way also stereotypes undocumented people who are in the United States as having committed a crime. Under current U.S. immigration law, being an undocumented immigrant is not a crime, it is a civil violation. Furthermore, an estimated 40 percent of all undocumented people living in the U.S. are visa overstayers, meaning they did not illegally cross the U.S. border. [Visa violations are also civil violations, not crimes.]

In addition, the association has always denounced the use of the degrading terms “alien” and “illegal alien” to describe undocumented immigrants because it casts them as adverse, strange beings, inhuman outsiders who come to the U.S. with questionable motivations. “Aliens” is a bureaucratic term that should be avoided.

NAHJ, a 2,300-member organization of reporters, editors and other journalists, addresses the use of these words and phrases by the news media in its Resource Guide for Journalists. The following are excerpts for some of the terms prevalent in the current news coverage:

“Alien”

A word used by the U.S. government to describe a foreign-born person who is not a citizen by naturalization or parentage. People who enter the United States legally are called resident aliens and they carry alien registration cards also known as “green cards,” because they used to be green.

While Webster’s first definition of the term “alien” is in accordance with the government’s interpretation, the dictionary also includes other, darker, meanings for the word, such as “a non-terrestrial being,” “strange,” “not belonging to one,” “adverse,” “hostile.” And the Encyclopedia Britannica points out that “in early times, the tendency was to look upon the alien as an enemy and to treat him as a criminal or an outlaw.” It is not surprising then that in 1798, in anticipation of a possible war with France, the U.S. Congress passed the Alien and Sedition Acts, which restricted “aliens” and curtailed press freedoms. By 1800 the laws had been repealed or had expired but they still cast a negative shadow over the word.

In modern times, with science fiction growing in popularity, “alien” has come to mean a creature from outer space, and is considered pejorative by most immigrants.

“Illegal alien”

Avoid. Alternative terms are “undocumented worker,” or “undocumented immigrant.” The pertinent federal agencies use this term for individuals who do not have documents to show they can legally visit, work or live here. Many find the term offensive and dehumanizing because it criminalizes the person rather than the actual act of illegally entering or residing in the United States. The term does not give an accurate description of a person’s conditional U.S. status, but rather demeans an individual by describing them as an alien. At the 1994 Unity convention, the four minority journalism groups – NAHJ, Asian American Journalists Association, Native American Journalists Association and National Association of Black Journalists – issued the following statement on this term: “Except in direct quotations, do not use the phrase illegal alien or the word alien, in copy or in headlines, to refer to citizens of a foreign country who have come to the U.S. with no documents to show that they are legally entitled to visit, work or live here. Such terms are considered pejorative not only by those to whom they are applied but by many people of the same ethnic and national backgrounds who are in the U.S. legally.”

“Illegal immigrant”

While many national news outlets use the term “illegal immigrant,” this handbook calls for the discussion and re-evaluation of its use. Instead of using illegal immigrant, alternative labels recommended are “undocumented worker” or “undocumented immigrant.” Illegal immigrant is a term used to describe the immigration status of people who do not have the federal documentation to show they are legally entitled to work, visit or live here. People who are undocumented according to federal authorities do not have the proper visas to be in the United States legally. Many enter the country illegally, but a large number of this group initially had valid visas, but did not return to their native countries when their visas expired. Some former students fall into the latter category. The term criminalizes the person rather than the actual act of illegally entering or residing in the United States without federal documents. Terms such as illegal alien or illegal immigrant can often be used pejoratively in common parlance and can pack a powerful emotional wallop for those on the receiving end. Instead, use undocumented immigrant or undocumented worker, both of which are terms that convey the same descriptive information without carrying the psychological baggage. Avoid using illegal(s) as a noun.

“Illegal”

Avoid. Alternative terms are “undocumented immigrant” or “undocumented worker.” This term has been used to describe the immigration status of people who do not have the federal documentation to show they are legally entitled to work, visit or live here. The term criminalizes the person rather than the actual act of illegally entering, residing in the U.S. without documents.

Immigrant

Similar to reporting about a person’s race, mentioning that a person is a first-generation immigrant could be used to provide readers or viewers with background information, but the relevancy of using the term should be made apparent in the story. Also, the status of undocumented workers should be discussed between source, reporter and editors because of the risk of deportation. […]

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December 18 2007

Call To Action for International Migrants Day

Following another year of Congress ignoring calls for just and humane immigration legislation that strengthens and promotes rights and instead pushing and approving bills and measures reinforcing continued attacks, repression, and scapegoating of immigrant communities, the National Network for Immigrant and Refugee Rights (NNIRR) invites you to close the year by organizing and supporting events to celebrate International Migrants Day, reaffirming our commitment to the rights of all immigrants.

About December 18, International Migrants Day

On December 18th, 1990, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was approved by the United Nations General Assembly, after almost a decade of governmental negotiations and strong advocacy by migrant communities around the world. On December 4th, 2000, following lobbying efforts by international agencies and migrant groups, the United Nations recognized and proclaimed December 18 as International Migrants Day.

Since 2001, in solidarity with other migrant organizations around the world, NNIRR has commemorated this day in the U.S. alongside its members and allies, through local events, popularizing of a widely-endorsed national statement, educational and organizing materials, media campaigns, and more.

International Migrants Day 2007

2007 has been a particularly challenging year in the struggle for immigrant rights. In recognition of the accomplishments by immigrant communities, and the challenges ahead of us, NNIRR is calling on organizations and individuals around the country to commemorate this year’s International Migrants Day with a local event or action highlighting one or more of the following struggles:

Ending raids and detentions and deportations and the militarization and impunity at the US-Mexico border: There were another record number of migrant dead bodies recovered on the U.S. side of the border in 2007, the result of deliberate U.S. policies and strategies forcing migrants to risk their lives to get to the U.S. The U.S. government has continued to convert the US-Mexico border region into a de-constitutionalized zone, where communities and immigrants are racially profiled and subjected to unconstitutional detentions and deportations. The recent implementation of “Operation Streamline” to the entire border, a so-called zero tolerance program that will jail every migrant detained, and the further institutionalization of the ten-year Department of Homeland Security deportation strategy, “Operation Endgame,” is deepening the humanitarian crisis at the border. As a result, migrants are being forced into more remote, desolate and dangerous border zones to cross, resulting in hundreds of dead bodies being recovered every year and countless others permanently lost. NNIRR will be producing a report, based on an examination of some 100 stories, documenting the systemic and deep-seated human rights abuses and violations by the U.S. government that are destabilizing communities, undermining basic constitutional rights and protections.

The failure of legislative proposals in Congress to provide just legalization and protect the rights of all immigrants: While some lamented the failure of Congress to pass legislative proposals this year, the majority of proposals would have further criminalized immigrants, with channels for legalization that were flawed at best, families would continue to be divided, and their guest-worker provisions would continue sustaining an underclass of migrant workers. Members of Congress were unified around legislative proposals that intensified border and interior enforcement. Blaming Congressional inaction, state, county and local governments are implementing ordinances, policies and laws that prohibit services to immigrants and some cases outright ban them. Many municipalities criminalize their immigrant communities such as in Hazleton, Pennsylvania and Escondido, California. […]

Expansion of NAFTA and other free trade agreements: January 1, 2008 will be another free trade landmark, when the last tariffs and subsidies for corn, beans and other staple agricultural products in Mexico are permanently eliminated under the North-American Free Trade Agreement (NAFTA) rules, making Mexican farmers, Indigenous people and agriculture workers vulnerable to massive displacement and elimination. Fifteen years of NAFTA’s promise of employment, development and prosperity has only benefited an elite corporate class in Canada, Mexico and the U.S. while working communities have experienced intensified poverty, debt, and family separations. The U.S. government continues to push similar free trade models (most recently with Peru), while enacting restrictive immigration controls and expanding coordination of national security and immigration enforcement with neighboring countries with the Security and Prosperity Partnership (SPP) agreement. NAFTA and SPP ensure further forced displacement and erosion of the rights of Indigenous peoples, farm-workers and working class communities, making migrant labor more susceptible to abuses, and extending corporate control over markets to flood their products.

Promoting principles of justice and equality for immigrants: Migrant communities are not just fighting back in resistance. We have been promoting principles of justice and equality in various ways and will be doing that even more vehemently in the coming year. NNIRR will be launching a campaign in 2008 urging U.S. ratification of the Migrant Workers Convention, as a tool for immigrant community voices to be heard and represented locally, nationally and internationally. Similarly, NNIRR’s National Campaign for Justice and Equality will contribute to changing the nature and framework for comprehensive immigration reform based on justice and human rights.

To spotlight these struggles, NNIRR encourages you and your community to organize a local event on or around December 18, 2007. Your event can take place at any number of places, and in various forms — a late afternoon action at a Federal Building, an evening gathering at a place of worship, even a potluck dinner at a local community center.

We encourage you to publicize your activity in the media to help call attention to the significance of the day as well as to your own efforts to promote the rights of immigrants. And we also encourage groups to coordinate their efforts with others locally, and to reach out to allies and new friends through this event. NNIRR will collect information on all these activities to publicize them nationally and internationally, to raise the collective power of grassroots community action. We will also circulate a national sign-on statement for International Migrants Day by December 3rd, 2007, which will also be publicized nationally.

If you plan to organize an activity for International Migrants Day, please contact: Colin Rajah; 510-465-1984 x306; crajah@nnirr.org, or Clarrissa Cabansagan; 510-465-1984 x300; ccabansagan@nnirr.org. For more information visit www.nnirr.org/dec18; for more details on international events, visit www.migrantwatch.org and www.december18.net.)

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