"They Love Us Here": More on life in San Miguel

This article published in Dissent Magazine was written by Sheila Croucher, a professor of political science at Miami University in Ohio. Much like myself, she began a formal research project in SMA last year, and this article appears to be an initial report on her findings that was written for a general audience.

The article is informative and well written. Ms. Croucher begins discussing international migration in terms of "push-pull" factors, in other words, an economic model of international migration. The push-pull theory is often bantered about in the media and by those in the general public who do formally study immigration. It's a very old theory of immigration, and it is by far the most simplistic. Most contemporary immigration scholars look at a combination of theories because it is obvious that it is more than money that drives a person to leave their homeland and live in a foreign country.

When Croucher does move on to social network theory, one of the more prominent theories in immigration studies today, she also characterizes social networks in Mexico as "pull" to bring Americans in--while the social networks make life and the transition to live in Mexico much easier, it is not necessarily the case that the networks are the pull that get people to sell everything and leave their families to live in this lovely mountain town (see the Fieldwork Diary link for more on this).

Croucher's article does provide a few new insights about the macrocstructure of life in SMA, but this article emphasizes the big picture. There are few voices of the expats reported here, almost no detail of the day-to-day experiences of expats or Mexicans. In short, it is a good overview, but not much in terms of the flavor of live in SMA.

As an alternative, I would suggest that you check out a new documentary film, Lost and Found in Mexico, which was directed and produced by American expat Caren Cross. I am going to a full blog on the film as soon as a trailer is ready, but for now you can find more information at this link. The film is an autobiographical account of Ms. Cross's first journey to SMA, which characteristically compelled her to return to her home in the U.S., sell off everything and return to Mexico to live full-time. The film uses oral histories from a variety of folks who live in SMA to answer the question, "why?" Why do Americans feel drawn to come San Miguel, what is it that they find there that is not available in the U.S.?

Lost and Found in Mexico is an abitious first film, and it shows a lot about life there that simply cannot be communicated on the written page.

Nativism and the Anti-Immigrant movement

The link above will take you to a story from today's NPR broadcast of Morning Edition. It discusses the rise of hate groups (like the KKK) concomidant with the anti-immigrant movement. Disappointingly, Sepremist groups have taken a strong interest in the anti-immigrant movement. This is less than appealing--imagine Klansmen lighting crosses on the lawns of Latinos in Kentucky and you'll get the idea.

The article also points out, as I have here, that the U.S. is in the midst of a full-blown nativist backlash.

The Fight to preserve San Miguel's Historic District

San Miguel is a treasure worth fighting for, and a coalition of Mexican and Foreign expats joined together yesterday to protest the construction of a five-story parking garage just two blocks from the Jardín Principal and in the heart of the city's historic district.

Basta Ya, one of the more vocal groups (of the 11 protest groups formed in the city recently) organized the march from the Jardín Principal to the site two blocks away at Insurgentes and Hidalgo. The garage will hold 290 cars if it is completed.

I've been reading about this controversy on discussion lists. It appears that excavation at the site caused an adjoining wall along the staff parking lot for the General Hospital to collapse on Feb. 1, officials for the city have refused to order a halt to construction.

Basta Ya and other residents claim that the height of the garage will exceed the 8.5 meters allowed by the city´s building code and is not in keeping with the colonial heritage of the Historic District. The architects of the garage claim that the structure is needed to decrease the traffic congestion in town. They also plan to put a colonial facade on the building so it will fit in with the local architecture.

The garage project sounds much like the adobe-style garages that are located in downtown Santa Fe, NM. They, too, are designed to fit in, but I have to admit, they look like what they are: a tacky attempt to make an "adobe" parking garage.

I wish the residents of SMA luck as they move forward. It's difficult to fight projects like this once they have begun, but it is a battle worth fighting.

SMA: A Great place to Mend your Broken Heart

It appears that San Miguel de Allende has earned yet another distinction: it is among the top ten places in the world to heal the wounds of the broken hearted.

Mexico's Immigration Reform

Central to the folklore of U.S. immigration are the stories that immigrants tell about their journeys north. If you ever talk to an immigrant from Central (and sometimes South) American, more than likely they will tell you that the hardest part of their journey is not crossing the U.S.-Mexico border, but passing illegally through Mexico.

There are many reasons for this--Mexico is a large country, there are bandits and federales along the way that can make illegal passage difficult (i.e., thievery or arrest)to impossible (i.e., being bribed or physically assault by an immigrant officer or the police).

Mexico's President Felipe Calderón has announced a sweeping immigration reform package that will address the problems of people traveling through Mexico. Among the proposed reforms:

1) A "Safe Southern Border Program," which will crack down on illegal crossers, violent gangs in the border zone and abuse of migrants by authorities throughout Mexico.
2) A guest worker program to allow Central Americans to work legally and temporarily in Mexico, especially along the southern border
3)Providing improvements to 48 detention centers in Mexico for apprehended undocumented immigrants. This change is being made in response to criticism that illegal Central American migrants are denied the same respect Mexico demands for its citizens in the United States.
4)Calderón also plans to encourage his Congress to make being undocumented a civil violation, rather than a crime.

All of these changes are significant; especially in the case of improving human rights treatment, they are long over due. However, it remains to be seen if any of these changes will influence the northward migration of men and women to the U.S. It appears that Calderón's action is geared more toward encouraging the U.S. to take similar action about its undocumented immigrants.

Immigration Overhaul?

Better late than never, I suppose. It appears that the Bush administration is taking baby steps toward an overhaul to the U.S. immigration system, but lots of important details are still murky, like what about those 12 million undocumented living in the U.S. right now? We cannot incarcerate them all, and the border crack down continues to encourage those who are here illegally to stay put.

But can the Bush team say "path to citizenship"? Although it has been clear from the start that this is what the President wants, he seems a bit gun shy (if that is possible of a Texan). For now, the administration is asking the undocumented "come out of the shadows." Hmmm. To do what? Get an all-expense paid vacation to Raymondville, Texas? As the L.A. Times reports:

The administration's priority is to secure the nation's borders and convince the estimated 12 million illegal immigrants to "come out of the shadows," Commerce Secretary Carlos M. Gutierrez told the Senate Judiciary Committee.

"I'm not sure that everyone wants to be a U.S. citizen. Many just want to be able to work, and if they can work legally, one day they would like to go back home," he said. "So I don't think that citizenship is what will make them come out of the shadows."

But, what will make people come out of the shadows, Mr. Gutierrez? Certainly not your current course of action.

On a similiar, and extremely ironic note, Colorado has been looking for a way to address their labor shortages now that ICE is busy rounding up immigrants and locking them in interment camps. Can you guess who they're using? They're going to use convicts as farmworkers! Isn't that a grand idea--let's take law abiding workers (albeit undocumented ones) and replace them with convicts.

Gee, I can only imagine how happy the folks in Colorado are going to be about having REAL convicted criminals out in the fresh air picking their fruits and veggies. That is a much safer alternative to having an undocumented person do it. I'm sure the average citizen in Colorado will be much safer with this program. The farmers are sure to be thrilled about this--free labor with no labor rights. It doesn't get much sweeter than this.

What a relief to know that we have America's brightest and best finding solutions to this problem.

More on Bank of America Credit Cards (for the undocumented)

You have to wonder exactly how far the anti-immigrant minority will go to castigate the undocumented. This article from today's Washington Post revisits the issue of offering credit cards to people who may be undocumented. It appears that after the news broke last week, hundreds of Bank of American customers sent irate letters and cut up their cards and sent them back--in other words--they had a good old-fashioned hissy fit.

Don't get me wrong, I think the credit card companies should hear from their customers often about the exorbitant rates that they charge us all, and for issuing credit irresponsibly, particularly to college students and others who easily rack up thousands of dollars in debt that they should not have been issued on the first place.

In this regard, targeting the undocumented is not much different than targeting young adults with cards, after all, they are as likely to be seduced by easy credit as anyone else. As the article linked here notes, the issue here is not whether or not the person who is issued a credit card is documented or not, it's about greed. I do not think Bank of America, Wells Fargo or Citicorp are issuing credit cards as a humanitarian gesture: an undocumented immigrant's money is as green as a citizen's. This is just one more opportunity for creditors to get their hands on it.

In-state or out-of-state: What should we do for the Undocumented Student?

This article from Inside Higher Ed addresses the issue of the undocumented college-age student. Should these student be given in-state tuition? Should they receive state funded scholarships and aid? Some states, like Arizona, have targeted legislation to present undocumented students from attending state universities.

It's a tough question for the thoughtful. The major issue raised the opponents to giving in-state tuition and aid to the undocumented are those who represent the middle class: the parents of students who might not get a place in their in-state school of choice or state aid if the money and slot are given to a better qualified undocumented student.

Conversely, if an undocumented student has the academic qualifications, why should the not be admitted and receive the same benefits of their in-state peers? Despite the protests to the contrary--and a profound lack of evidence--the undocumented do pay taxes. If they are going to live in the U.S., does it not make more sense to assist them in their educational efforts so that they can become more productive citizens?

The Flip Side of U.S. Migration

The link above will lead you to a website dedicated to research about American emigration. The report was initiated by New Global Initiatives, Inc. Although I've looked through their website, it is not entirely clear what New Global does and who they are--there is much discussion of "years of professional experience," but the site does not specify what exact qualifications its founder and employees have, and what expertise they have to conduct large-scale research about anything, let alone immigration issues. They also have no link to any of the major immigration scholars in the U.S., nor do they have an affiliation with an organization (university or think-tank) that has an established track record doing this type of research.

I mention this because I am certain many of my readers will be interested in the study summary that is linked here. I applaud Global Initiatives for taking the (pardon the pun) initiative to execute this type of study; at the same time, the report itself lacks a solid description of its methodology and how the data presented were aggregated.

So, I offer this to you with a word of caution: there is no clear evidence that any of the data presented are reliable. For instance, the report says that 18% of Americans between the ages of 24-35 state they have definite plans to live outside the U.S., but there is no other clear data to tell us who this 18% might be--are they average citizens who are fed up with life in the U.S.? People employed by multi-national corporations? Military families? Because it is not clear who this group is, it is also not clear how significant this finding is. Obviously, I would be intrigued to know that 18% of the general population in this age group was planning to move abroad; if they are mainly military families, then the data are hardly surprising.

Flack over "Echo Park in Mexico"

I found this article in the L.A. Times last week, and (at first) decided not to blog it. It's really nothing new: an American visits San Miguel for a day, goes on one of the weekly House and Garden Tours on a Sunday afternoon, and then writes an article about the experience. In part she writes:

It was at this point that I realized that if I really wanted a taste of Mexico, I might as well go home to Echo Park. The tour wasn't so much a backstage pass to aspirational cultural immersion as it was an English-only how-to guide for getting away from it all without giving anything up. Each dwelling was mostly notable for just how thoroughly the householders had managed to bring the comforts of the north into the wilds of the south.

In other words, the expats in SMA have succeeded in Americanizing this town to the point that it is indistinguishable from L.A.'s Echo Park.

Once again, this is nothing new. If you Google "San Miguel de Allende," about half of the articles and posts will discuss the rampant Americanization of SMA. This article, however, sparked the ire of many of SMA's residents who discussed it at length this weekend on a SMA discussion list.

Their response to the article was quite revealing, and indicative of how much the Echo Park author Meghan Daum missed while she was visiting SMA. Some people were dismayed that the author simplified SMA as a Gringo colony that had usurped Mexican culture. Others were annoyed that this (and many other) authors write about SMA as if they know the town after a seven day visit. Still others remarked that it is quite possible that Echo Park (and other areas of L.A.) are likely more Mexican than parts of SMA. Perhaps the best comment was by a woman who summed it up brilliantly: "San Miguel is not a Sacred Cow that no one can make fun of"--she suggests that SMA is a novelty to the American press and as such, it will attract the admiration and criticism of many who visit.

What I did find fascinating about this on-line discussion was how remarkably diverse the expat opinions are, and that they are positively unafraid to debate one another on-line. Daum's piece is not entirely incorrect: there are parts of SMA that do seem like American islands. But I have to wonder what Daum did to avoid all of the Mexicans who live there (they are still the majority, regardless of how you count the number of expats)? The fact that she missed that part of SMA tells us more about her and tourism in general than about SMA. If she did not see the Mexican influence in San Miguel, she had to work pretty hard to miss it.

So much for accurate reporting.

New Bill to Limit Loans those without Social Security Numbers

The 110th Congress is considering legislation that would limit an increasingly popular mortgage concept: providing home loans to applicants using an Individual Taxpayer Identification Number (TIN) in lieu of a Social Security number.

ITINs are issued by the Internal Revenue Service to assist immigrant workers who do not qualify for a Social Security number to report their income and pay federal taxes. Many of the immigrants who use ITNs to apply for loans are actually in the U.S. legally, but have not completed the immigration process and received their Social Security numbers.

Banks around the country have started offering home mortgages to undocumented immigrants using ITINs, but their programs largely unnoticed and small in number. However, when Bank of America announced a pilot program in Los Angeles to provide credit cards to resident alien customers who lack Social Security numbers but have ITINs, they provoked a controversy that resulted in the proposed legislation.

Tim Sandos, president and chief executive of the National Assn. of Hispanic Real Estate Professionals, has estimated that there are as many as 7--8 million legal resident immigrants in the United States who do not have Social Security cards but are in some phase of the immigration process leading to citizenship. That process can take years and "meanwhile these individuals are working here, earning incomes, paying taxes, contributing to the economy."

So it appears that this legislation, targeted at the undocumented, will hurt those who are in the country legally. You know, the ones who are "playing by the rules," as it is so often termed in the immigration debate. The question that we should be asking is "how many undocumented people actually take advantage of these loan offers?" My guess it that the number is pretty low, as it is difficult to amass assets when you're employed at the bottom of the U.S. labor market. Until we know that number, however, it is impossible to determine whether this is a problem that needs to be addressed legislatively. And if it is, this particular legislative approach is not the way to address it.

Dramatic Increases in Citizenship Requests

The L.A. Times reports a dramatic increase in the number of requests for naturalization since January of this year. The reason? The Department of Homeland Security has announced a three-fold increase in fees for all levels of immigration processing, and many see an opportunity to apply for citizenship before the rate increase goes into effect. The overall increase in applications started to increase after the immigration rallies in March, 2006, and have spiked again as immigration reform appears to be moving toward consideration by Congress.

The article reports that there are some 8 million legal permanent residents who are eligible to apply for citizenship. While many are initiating the process for personal reasons (i.e., to make it easier to reunify their families in the U.S.), others are doing it so that they can become more involved in the political process. As one gentleman interviewed for the L.A. Times article noted, "I can do better for my people... I can help with my vote."

Luto for Tirzah Mailkoff

It is with sadness that I report the passing of Tirzah Mailkoff, a long-time resident of San Miguel de Allende. I met Tirzah last summer. She and her partner lived a few doors down from my family in the same condo complex, and I was fortunate to interview her while I was there. She was 100 years old, exceptionally sharp, and had a wonderful wit. I feel honored to have known her.

Tirzah was a music and piano teacher most of her life. She is best known as the founder of the Junior Bach Festival in Berkeley, California (on the link above go to "About us" and then "Tirzah Mailkoff in her own words").

Find the Illegal Immigrant

Although they are supposed to be getting an education, there are times when college students' actions are just plain foolish. This article from today's NY Times reports that the NYU College Republicans sparked a protest yesterday. The group announced it was holding campus game for its members, "Catch the Illegal Immigrant." The idea was the group of young Republicans were to search the campus for the person wearing a button that says "illegal immigrant," and receive a small prize.

Although few of the College Republicans showed up for the game, hundreds of people did stop by to protest the game and its sponsors. The College Republicans said their aim was not to offend, but rather to draw awareness to the issues.

On that point, the College Republicans were successful. We are now all aware of at least one issue: that these students have mistaken a trivial stunt for "debate."

Florida Business Leaders to Push for Immigration Reform

We may be in the midst of a turning point on immigration reform: it appears that business leaders in Florida, much like those in Texas, have decided "on the need for a louder and more unified Florida business voice to pressure politicians in Washington." Those business leaders, many of whom work in the tourist industry, believe that comprehensive reform, including temporary work visas and legalization of workers who are currently undocumented, is essential to the U.S. economy.

The Illegal Gringos

It's hard to imagine, but yes, Virginia, Americans can also be undocumented immigrants.

This humorous article from the L.A. Times takes a look at Los Boomers and their influence in my beloved San Miguel. The author underestimates the potential negative consequence of this migration, but it is nevertheless worthwhile read.

Happy Anniversary to the Herndon Day Labor Center

This week marks the one-year anniversary of Herndon's controversial day-labor center. The work site has been a success in nearly every respect, according to the Center's annual report:

nearly 6,000 employers hired immigrant laborers for more than 10,000 jobs during the first year of the Herndon Official Workers' Center, a publicly funded site launched in December 2005. An average of more than 100 workers signed in each day at the outdoor center in 2006, and hiring rates fluctuated between 13 percent and 43 percent, the report said, which is comparable to the rates at previous informal sites in town streets and parking lots. The day laborers studied English while waiting for work and volunteered in their off-hours, helping at a town festival and cleaning a school soccer field...

The center still has detractors, and last month the Herndon Town Council voted to solicit proposals from employment firms that want to run the hiring site and will require workers to present documentation to prove they are in the United States legally and eligible to work. The Town Council hoped to award a contract to a new operator by March, 2007, but no proposals to run the center had been submitted by the Feb. 9 deadline.

Perhaps the firms that Herndon's Town Council asked to submit are aware of something that Herndon's elected officials are not: the center is running well and meeting the needs of the community.

Mexico plans an agressive lobbying effort for Immigration Reform

This article from today's Houston Chronicle reports that the Mexican Government is planning to lobby U.S. lawmakers aggressively for immigration reform.

Homeland Security's Rate Increase

On the surface, it makes perfect sense: DHS raises its fees to immigrants who are filing for permanent residency here in the U.S. as much as three times the current rate. The agency can take this money and use it to upgrade and improve its services to immigrants and refugees.

The problem, however, is that many immigrants who are in the U.S. legally and working toward permanent residency and citizenship cannot afford the current fees, let alone a significant rate hike, so the move is essentially punitive toward those who are playing by the rules. The story linked here follows a Russian national who is currently struggling to make ends meet and pay her residency fees to DHS. The article asks the reader to question if it really is a good idea to improve DHS services by straining the financial resources of already strapped immigrants.

Fierce enough to bite: Tigres del Norte

If you've never heard of Los Tigres del Norte, I'm not too surprised. Los Tigres are a norteño band from Jalisco. In their early days, they sang corridos (ballads) about life on the U.S.-Mexico border. Today, their ballads are more likely about the struggles of immigrant families. The article linked above discusses the transformation of this band nito an international phenomenon. The video linked above is an example of their more recent work as balladeers of the immigrant experience.

Economic woes for Mexico

Mexico's economy appears to be losing steam, according to this article in today's L.A. Times. This could be a lead to increased immigration north. For the full article, click the link above.

Free Nacho (and José)?

The article from today's Washington Post considers the case of two border patrol agents who were arrested and convicted for shooting an unarmed Mexican drug smuggler. Since their incarceration, however, there has been a groundswell of conservative support to have the officers pardoned. Here's an overview of why these agents landed in jail:

According to a report by the DHS inspector general's office, the incident that landed the agents in trouble started on Feb. 17, 2005, when Asvaldo Aldrete-Davila, an admitted Mexican drug smuggler, drove across the border into Texas with 740 pounds of marijuana. He saw Border Patrol agents trailing him, panicked, and drove into a ditch.

During the chase that followed, Aldrete-Davila scuffled with Compean after the agent tried to smack him with the butt of a shotgun. The agents said they saw something in the suspect's hand and feared for their lives, according to the report and court testimony.

A fuselage of bullets from Compean and Ramos missed. Finally, Ramos took careful aim as Aldrete-Davila neared the border and hit him in the buttocks.

After the shooting, the agents collected all shell casings at the scene, threw them away and did not mention the shooting to superiors, a violation of Border Patrol procedures that call for an oral report after a weapon is discharged, according to the report and court records.

Investigators granted immunity to Aldrete-Davila to lure him back across the border. The story he told was corroborated by other officers at the scene, the report said.

In March last year, Ramos and Compean were found guilty of multiple charges, including assault with a dangerous weapon, discharge of a firearm in commission of a crime, and tampering with a crime scene. Judge Kathleen Cardone issued an 11-year prison sentence to Ramos and a 12-year sentence to Compean in October. The agents appealed to a higher court, and their conservative supporters started to pressure Bush to release them.

Okay, so the agents have been convicted on serious charges, and by all accounts, they have had a fair trial (st least, that is not the issue of the protests). They were incarcerated in Yazoo City Federal Correctional Complex in Mississippi, and Ignacia (Nacho) Ramos was beaten bloody by members of a Latino gang in prison. Based on this incident, at a minimum, the officers should be moved to a place where they will be safe. It was pure stupidity to lock them in a prison with convicted Latino gang members, and whoever decided to send them to prison should lose his/her job.

But again, the protesters are not demanding that the convicted Border Patrol agents be moved to a safe place to serve their terms. They want them pardoned. Why, you may ask. It appears that many believe the officers should have been suspended, and not convicted of a crime. It also appears that there is controversy surrounding the testimony of the shooting victim, Asvaldo Aldrete-Davila. He was granted immunity in return for his testimony about the shooting, which critics say make him an unreliable witness (although I think we can all agree that professional criminals never make good witnesses).

What seems to be lost in this over-passionate debate are the facts: 1) did the BP agents break the law (and not just DHS policy) and 2) did they receive a fair trial? It is pretty clear that, regardless of what they believed about Asvaldo Aldrete-Davila (they thought he was armed, which is why they shot at him), covering up the scene and disposing of the shell casings is illegal. If they did not receive a fair trial, then they should make that argument in court.

The rule of law should be followed, and no amount of protesting should result in their pardon.

GE Money to fund Mexican Mortgages for U.S. citizens

I knew it was only a matter of time before U.S. financial services realized that there was money to be made in Mexico.

GE Money, the financial services arm of General Electric Co. (GE), is planning to lend nearly $150 million to U.S. residents who want mortgages to buy residential during the first half of the year, GE Money plans to expand its product offering with a cash-out refinancing product that will allow citizens from the U.S. who already own property in Mexico to unlock the equity in their homes, and mortgages to buy homes under construction. To date, GE Money has only financed finished apartments and houses.

Last year the company invested nearly $60 million in Mexican home mortgages to U.S. citizens, and GE Money is anxious to tap into this growing market, which is estimated to be worth billions of dollars and, until very recently, has grown tremendously with little or no mortgage financing.

Most of the expats who retire to Mexico do so after they sell their homes and other assets in the U.S. If you read the San Miguel fieldwork diary (see link to the right), you'll see that not having a mortgage was one of the appeals of living in San Miguel and other areas in Mexico, where the cost of living has been relatively less expensive than here in the U.S.

Financiers expect that by offering mortgages in Mexico, the demographics are working in their favor, as nearly 78 million baby boomers will start retiring in the next decade, and many are expected to look to Mexico, where property prices have not reached the stratospheric levels observed in popular retirement destinations in California and Florida.

In addition to the numbers of baby boomers who will be looking for an inexpensive retirement location, the privatization of Mexico's airport industry, coupled with the emergence of low-cost carriers in the past five years have also accelerated this trend. Easier access to places like San Miguel de Allende have made it possible for people to think of Mexico as a place to keep a vacation or weekend home.

GE Money initiated the "Mexican Dream Mortgage" program in five locations in late 2005, and followed it with a full commercial launch in 2006. Today, the program is available in 12 locations, including the Baja California peninsula, Cancun, and the colonial city of San Miguel de Allende. The program offers dollar-denominated adjustable-rate mortgages and fixed-rate mortgages for up to $1.5 million, although the average loan has been around $350,000. All of the credit scoring and paperwork are handled in the U.S. In Mexico, GE Money Credito Hipotecario originates the loans, and GE Capital Bank provides the Mexican bank trust for foreigners who want to buy property on the coast or near the border (foreigners are prohibited from purchasing property near the Mexican coastlines, but they can purchases long-term leases).

GE Money's move toward expanding the home mortgage market in Mexico will no doubt do two things: it will allow the real estate prices to escalate (as people buying on time with be able to pay more for their homes) and it will encourage more Americans to move to Mexico.

Texas Business Leaders and Political Leaders Unite around Immigration Debate

The historically conservative Texas Association of Business is joining forces with a democratic Texas state lawmaker and several liberal political groups in an effort to stop current immigration legislation in Texas

State Rep. Rafael Anchia, D-Dallas, announced the formation of a group of business and political leaders on Tuesday, February 13, which would include the TAB, Texas Association of Mexican-American Chambers of Commerce, Texas Employers for Immigration Reform, League of United Latin American Citizens, Mexican American Legal Defense and Education Fund, Mexican American Legislative Caucus and the American Civil Liberties Union.

The group is calling for Gov. Rick Perry, Lt. Gov. David Dewhurst, and House Speaker Tom Craddick to defeat all immigrant-related bills before the Legislature this session. Instead, the group wants to shift the immigration debate to Washington, where, it says, any significant progress toward comprehensive immigration reform must originate.

It's about time that people woke up and recognized that state and local legislation is not going to address the nation's immigration issues.

Deportations on the Rise

From this morning's Washington Post:

Deportations by Department of Homeland Security, Immigration and Customs Enforcement, and predecessor agencies:

Fiscal Year Deportations
2002 116,154
2003 145,935
2004 162,014
2005 131,579
2006 186,000


Daily average number of individuals in detention by Immigration and Customs Enforcement:

Fiscal Year In Detention
2002 20,282
2003 21,133
2004 22,812
2005 19,718

Notes: The fiscal year ends Sept. 30. Full figures for 2006 were not available, but in September 2006, the daily average in detention was 27,521.

SOURCE: Immigration and Customs Enforcement.

Bank of America offers credit cards to the Undocumented

Many years ago a friend told me that it was foolish to obsess about which political party was in power, because "Wall Street runs this Country." Unfortunately, that was not quite accurate, the war in Iraq being a case in point.

But it may not be wholly incorrect either. The L.A. Times reports today the they have initiated a program to allow immigration who do not have social security numbers (i.e., the undocumented) to apply for credit cards:

The credit cards are not aimed specifically at illegal immigrants, a bank spokeswoman said, but instead people who lack solid credit histories.

Bank of America is following other major banks, including Wells Fargo & Co. and Citibank, who have launched similar initiatives to gain customers in the burgeoning Latino community:

Wells Fargo began a pilot program last year in Los Angles and Orange counties to offer home mortgages to immigrants who have lived in the United States for at least two years. The customers are allowed to identify themselves using taxpayer numbers issued by the Internal Revenue Service instead of Social Security numbers. That's the same type of identification number an immigrant can use to obtain a credit card under Bank of America's pilot program.

What is clear from this move is that the banking industry sees the Latino community as potential customers and people who should be integrated into the financial mainstream of American society, regardless of their status as residents of the U.S. The question is, can the rest of the nation follow their lead?

Nashville Nixes English-only Law

Nashville Mayor Bill Purcell vetoed and English-only measure on Monday, February 12, saying it was "unconstitutional, unnecessary and mean-spirited."

At best, the measure was seen as symbolic and a slap in the face to the Nashville area's substantial Latino population.

Bravo, Mr. Purcell. Let's hope that other politicians will follow your lead and dispense with similar nonsense legislative initiatives..

The 110th Congress and Immigration Reform

The link above to the Council on Foreign Relations provides a detailed overview of the recent congressional debate on immigration reform. The site covers an overview of the debates that plagued the 109th Congress, as well as the current proposals that are under consideration. It also offers analysis of the political, economic and foreign policy implications for immigraiton reform.

The most interested aspect of this report are the new proposals that under consideration (with a link to the full PDF document). They include:

A bipartisan task force chaired by Lee Hamilton, a former Democratic congressman, and Spencer Abraham, a former Bush administration energy secretary, released a set of proposals (PDF) in January 2007 calling for an overhaul of the U.S. immigration system.

It calls for simplifying the overburdened U.S. system and setting annual legal immigration levels at around 1.5 million, which it says is about three hundred thousand less than the annual number of both legal and illegal immigrants coming into the country today. It calls for the creation of a White House coordinator for immigration policy, as well as a body known as the "Standing Commission on Immigration and Labor Markets" to make recommendations to Congress biannually to adjust immigration levels. Hamilton told a recent CFR meeting such a realignment was essential. "Immigration is spread all over this government one way or the other," Hamilton said. "A lot of people have their finger in the pie. You don't get integration. You don't get coordination."

Overall, the report is concise and well informed. It is essential reading for anyone who wants to stay informed about the immigration debate.

The Grassroots battle against Immigration

It appears that some residents of Prince William county are working toward starting a chapter of the Minutemen Civil Defense Corps in their community. As you can see from the photo from the Washington Post, however, their efforts are being met with considerable resistance. Many in the Latino community, as well as other concerned citizens, do not care for the anti-Latino sentiment that the Minutemen are known to stir up.

The Minutemen were active in Herndon most of last year. They stood outside the day labor center and before that, the 7-Eleven parking lot taking photos of immigrants and those who hired them. They took the photos and vehicle identification and handed it to ICE officials, who obviously ignored the reports, as nothing came of the action.

The fact that the group is ineffective, but nonetheless does much to damage community relations between Latinos and others, is probably the best reason to not associate with groups like the Minutemen.

Migration Policy Institute Data Hub

Looking for information on immigration? Would you like to see immigration information in sophisticated graphics (like the map above). The Migration Policy Institute has just unveiled its new and improved "data hub" that will include

compiled to-date stock, flow, citizenship, asylum, and historical data for 17 countries, as well as extensive data from the US Census Bureau and Department of Homeland Security that cover numbers and characteristics of immigrant populations residing in and arriving to the United States every year. These tools will form the heart of the new Data Hub

.

The site also has a large selection of migration related publications.

The Question of Assimilation

I am not a fan of assimilation theory. As a child of an immigrant family, I watched my father and grandparents systematically give up their identity as Italians to "fit" into American society. What was the cost? --a second language, knowledge of our relatives in Italy, and our cultural heritage.

I also do not think it necessary for anyone to give up their cultural heritage to be an American. Immigration is what makes America an interesting place--homogeneity is simply boring.

That is not to say, however, that I do not think it a good idea for recent arrivals to learn the basics of getting along in the U.S. These basic skills, the cultural capital that allows one to successfully maneuver the U.S. job market, schools, and health care system, is essential. Often, it is difficult, if not impossible, for a new immigrant to get access to the services s/he needs to get along. English classes are a good example here. Nearly everyone agrees (if for different reasons) that immigrants should learn to speak English. I think this is a good idea because speaking English also gives an immigrant access to better paying jobs, better educational opportunities, and will make life easier in general.

I do not think an immigrant needs to learn to speak English to "fit in," however. This is the problem I have with the concept of assimilation and how it is used in popular discourse. When many people in the U.S. say "these immigrants need to learn English," they typically mean that a person not speaking English makes them feel uncomfortable. I'm sure you've seen someone like this at one time or another, whether it was the man who screamed at the ATM machine for inquiring if he would like his transaction to proceed in English or Spanish, or the woman in Target who storms off in a huff because the person stocking shelves does fully understand her inquiry about the range of toss pillow colors offered by the store.

In both of the examples above, the American is affronted because they see a change in their world. I can only assume that they do not like change, they find it threatening, or perhaps they are simply abhor all things foreign.

Of course, learning English will help an immigrant fit in. The same is true of any American who is willing to offer their time and support to assist immigrants as they learn English and adapt to the U.S. We would all benefit if more people volunteered to become English tutors. Short of that, as a nation we should make the availability of English classes a priority.

San Miguel: It's not for everyone

This article in the Philadelphia Daily News is unusual in that it tells the tale of a woman who visited San Miguel and --gasp-- did not want to move there permanently. She enjoyed herself, but a visit was enough.

Operation Return to Sender

This op-ed from the Chicago Sun-Times outlines the significant problems with ICE's newest anti-immigrant measure: Return to Sender. The program is intended to apprehend undocumented immigrants with criminal records, but it casts a wide net, and ICE officials are also apprehending, and holding indefinitely, people who have no criminal record.

The program is expected to generate a new round of protests this spring.

The New Face of Landscaping

When I was doing research in Mexico in 1999, my colleague Payal noticed a trend in the immigrant labor market. The undocumented and newest arrivals to the U.S. generally had the worst jobs: they picked mushrooms or fruit, made the least money, and aspired to move into one of two better sources of employment: construction and "la yarda."

La yarda is Spanglish for Landscaping. This article from today's Washington Post outlines the racial transformation of this industry. Most landscapers in the early 1990s employed African Americans; today the field is dominated by Latinos, although their bosses are typically Anglo.

The article highlights a trend in low-wage industries: African Americans and other citizens are unlikely to work under the conditions required for some low-wage jobs (see my post on African Americans and the chicken processing industry from January 17, 2007). Latinos, particularly the undocumented, have "soft skills," like obedience and willingness to work under substandard conditions, that make them more attractive to business owners. Within a relatively short period of time, employers will seek Latinos, believing they are inherently better workers, effectively shutting out African Americans and others who might be interested in doing the work, but they also would be interested in demanding their rights.

What would happen to the labor market, I wonder, if the U.S. were able to effectively end the hiring undocumented immigrants, such as through a national I.D. card? Would documented Latinos still be "ideal" employees, or would that change once they were not longer vulnerable and without recourse?

Border Patrol Internment Camps

The Immigration and Customs Enforcement (ICE) agency has had remarkable success rounding up undocumented immigrations around the nation. The agency now faces the problem of what to do with those they arrest for being in the country illegally.

The answer? Makeshift internment camps for non-Mexican detainees. These camps, like the one pictured here in Raymondville, Texas, are Kevlar tents erected on cement slabs. The tent city is one of several strategies the United States has embarked on to house apprehended undocumented residents. This includes an extensive prison building and contracting campaign, increasing the number of illegal immigrants detained from 19,718 a day in 2005 to about 26,500 now, and a projected 32,000 this summer.

Why is the Bush administration anxious to apprehend undocumented residents now (when they have essentially ignored them for most of the Presidents two terms)? Apparently, the President believes that the government must convince skeptics that it can credibly enforce laws aimed at illegal immigrants and their employers, and can hold and deport those caught by the U.S. Border Patrol in order to get support for comprehensive immigration reform. At the same time, the administration and its allies argue that even additional detention beds will be overwhelmed without new channels for legal immigration.

It is an interesting strategy, and an abysmal one for those who are apprehended. The conditions in the detention camps vary widely, and there are widespread reports that many of those interned are living under deplorable conditions.

The government is also exceptionally quiet about the costs of this program. One can only imagine that funding this detention program must be exorbitant, as many of the detainees are expected to be held for months, if not years.

Domestic and International Priorities

This week the Senate will vote on whether or not to follow President Bush's proposed escalation in Iraq. I would incourage any reader who feels strongly about immigration to take a moment to remind our Senators that the U.S. has pressing domestic issues, like addressing immigration reform, and it's time to refocus our attention away from pouring more resources into Iraq when we legitimately need to invest our time and attention to issues at home.

The link above will take you to the e-mail list of the members of the Senate.

The Immigration Debate

Feeling the heat, Mr. DeBenedittis?

I woke to find this op-ed by Herndon Mayor Stephen J. DeBenedittis in this morning's Washington Post. As you can see, it appears that Mr. DeBenedittis feels a need to justify his actions of the past year, including a number of city ordinances that have been labeled as racist and anti immigrant.

In his letter, Mr. DeBenedittis assures us that neither he nor his community is racist. They simply want to follow the rule of law. What Mr. DeBenedittis fails to understand is that his anti-immigrant legislation does NOTHING to stop undocumented immigration, but it does harass immigrants (the documented and undocumented alike) and creates a hostile environment for everyone of Latino descent in his community.

DeBenedittis also should understand that we live in a era where citizens are skeptical about politicians and the inconsistencies between what they say and what they do. We're not likely to believe your words, Mr. DeBenedittis, when you tell us your community's response to immigration is not racist: those who have been watching Herndon over the last two years know the community's actions speak for themselves.

Calderón hopeful that new congress will enact immigration reform

During his trip to the World Economic Forum in Davos, Switzerland, Mexican President Felipe Calderón stated that he is hopeful that the new U.S. congress with enact comprehensive immigration reform, “With the new composition of the U.S. Congress there are greater opportunities and more potential for making progress on the immigration issue.” The Mexican President stated that it is essential to convince Americans that Mexico and the United States have “complementary” economies. “Mexico has manpower, and America has much capital,” Calderón said.

Speaking from the Institute of the Americas in San Diego on Thursday night, Doris Meissner, the former Immigration and Naturalization Service Commissioner, said she would put the chances of getting an immigration bill passed during President Bush's term at “slightly more than 50-50."

Western Union: The Fastest Way to Pay a Coyote

This article from the Washington Post chronicles the state of Arizona's attempt to shut down immigrant smuggling organizations that operate in Arizona. The controversial attempt was initiated on Sept. 21, 2006. A warrant was issued to block all Western Union money transfers of $500 and above from 26 states with a significant population of illegal immigrants to a group of Western Union outlets in the northern Mexican state of Sonora. The plan also included issuing warrants to block money transfers through Western Union to nearby states such as Nevada.

For anyone who has worked with immigration populations, it is well known that Western Union is a preferred way to transfer money to family members in Mexico. It appears it is also a preferred way to get money to immigrants who are planning to cross the border illegally, so they can pay their smugglers, commonly referred to as "coyotes."

Western Union, unsurprisingly, sued to stop this process, arguing that it was not a crime to transfer money, and the company should not be penalized for what people do with the money once it is transferred.

Although the program has been an effective means to slow human trafficking, it is a stop-gap measure. A more effective means to eliminate this problem is to issue temporary work visas via the Federal Government. At the rates that immigrants are paying coyotes today (from $2500-5000), the government could collect this income, and cut coyotes out of the process.

Luto for Sue Reid

I was saddened to learn that Sue Reid, a longtime resident of San Miguel de Allende, passed away on January 11 in Houston. I met Sue last summer in the course of my fieldwork and she gave a wonderful oral history. An expert raconteur, Sue's insights about life in SMA were informative and entertaining. She will be missed.

Obama on Immigration

I realized last night that, to be fair, I should also take a look at other Presidential hopefuls and their positions on immigration. I'll try to cover one candidate per day.

Obama is the current sweetheart of the Presidential hopefuls. He's young, charismatic and good looking, and seems squeaky clean when compared to his cohort. In fact, the best that the GOP rumor mill has come up with is that he was educated in an Islamic school in Jakarta. This is clearly another example of the GOP playing dirty (they actually tried to pin this on Senator Clinton. Certain "unnamed sources" asserted that the Clinton'campaign leaked the rumor, which by the way, is untrue). The only conclusion one can draw from this behavior, with the election two years away, is that the GOP is truly frightened of Obama and his chances in the race. Of course, they never miss an opportunity to go after Senator Clinton.

Ah--I digress. What are Senator Obama's positions on immigration? His senate website offers the following information:

Senator Obama shares the growing public concern about illegal immigration in the United States. The challenge facing President Bush and Congress is how to effectively stop the flow of illegal immigrants across our borders, better manage immigration flows going forward, and deal with illegal aliens who are already living and working in this country.

The Department of Homeland Security recognizes that identifying and deporting 11 million undocumented workers currently in this country would be both logistically impossible and highly disruptive to the American economy. Instead of mass deportations, Senator Obama believes that Congress must pass comprehensive, compassionate reform that reaffirms the rule of law and brings the undocumented population out of hiding.

The Senate Immigration Bill

Senator Obama played a key role in the crafting of the immigration reform bill that the Senate passed in May 2006. The bill, which President Bush supports, would provide more funds and technology for border security and prevent employers from skirting our laws by hiring illegal immigrants. The bill also would provide immigrants who are now contributing and responsible members of society an opportunity to remain in the country and earn citizenship. But not all illegal immigrants would be guaranteed the right to remain in the U.S. under this proposal; they would first have to pay a substantial fine and back taxes, learn English, satisfy a work requirement, and pass a criminal background check.

Senator Obama offered three amendments that were included in the Senate bill. The first amendment strengthens the requirement that a job be offered at a prevailing wage to American workers before it is offered to a guest worker. The second amendment makes it simple, but mandatory, for employers to verify that their employees are legally eligible to work in the United States. And the third amendment authorizes $3 million a year for the FBI to improve the speed and accuracy of the background checks required for immigrants seeking to become citizens.

A final consensus bill must now be negotiated to work out the differences between the House and Senate immigration bills. Senator Obama appreciates the serious ramifications of this issue – for American workers, Illinois communities, and immigrant families. He will continue to work with President Bush, his colleagues in Congress, and the citizens of Illinois to improve the effectiveness of our immigration laws and strengthen border security.

The first thing that stands out here is that Obama is not trying to distance himself from President Bush on this issue. That is good, because Bush's initiatives on immigration have been visionary and well thought out (alas--if only they could be on most other issues as well).

You'll also see that Senator Obama offered three important and essential amendments to the Senate bill last year. The first is pretty straightforward: guest workers cannot be offered a job until it is established that no legal resident or citizens are available to take it. The second and third are more significant: he would include a simple and rapid way for employers to establish that job applicants are indeed legal residents (I'm assuming here there would have to be an I.D. program) and more money for the FBI speed up background checks, which as I've mentioned here before, takes an abysmally long time and encourages families to come to the U.S. illegally so they can be together while they await their papers.

In short, Senator Obama is showing leadership on immigration and not simply acting like a candidate who wants a clean, and mediocre, platform.

WWHD? (What Would Hilary Do--on Immigration?)

Now that Senator Hilary Clinton has officially entered the race for the Democratic Presidential nomination, we have to ask, "what will Hilary do" on immigration? There is not much out there, as Senator Clinton has not been a major player in the immigration debate. I have found a few references to her critiques of the Republican-sponsored immigration "reform" bill (including s bizarre reference to making Jesus illegal), but not much of substance.

So, I went to Senator Clinton's official website, where she has a clear statement on many issues, including immigration. Here is her statement:

I am proud of America's commitment to welcoming immigrants. We are all immeasurably enriched by the contributions of immigrants who have come to this country to find the American dream through their hard work. That's why I led efforts for the Immigrant Children's Health Improvement Act, championed the Access to Employment and English Acquisition Act, and co-sponsored the DREAM Act, which makes it possible for hardworking young people to attend college. These measures recognize that all America is strengthened when immigrants have access to health care and education that will enable them to become fully participating members of our society.

I believe the Bush administration is failing to meet what should be the basic requirements of immigration policy: continuing our American tradition of welcoming immigrants who follow the rules and are trying to build a better life for their families, while strengthening national security in a post 9-11 world.

Our current immigration laws need to be reformed: we need a better solution to the question of illegal immigration which recognizes the conflict between the need to enforce the law, and the reality that too many employers are using undocumented workers today. That's why in the last Congress I was pleased to join Senator Larry Craig (R-ID), Senator Ted Kennedy (D-MA), and 60 other senators to cosponsor the Agricultural Job Opportunity Benefits and Security Act of 2003. Unfortunately, this bipartisan bill, which reflected a consensus among growers, labor and immigration advocates, was blocked by the Republican Senate leadership. Earlier this year, Senator Craig re-introduced this legislation, which I again cosponsored. I hope that this year President Bush and the Republican Senate leadership will finally support this legislation so that we can begin to address in a comprehensive way the significant challenges of illegal immigration that are confronting our nation.

This administration has failed to provide the resources to protect our borders, or a better system to keep track of entrants to this country. I welcome the addition of more border security, particularly on the Northern Border, with passage of the Intelligence Reform bill in December of 2004 – but it should not have taken more than 3 years after 9/11 to make this needed change, and there is still much more that must be done to keep America safe, including stronger inspection of cargo on ships and airplanes. Moreover, just two months after signing the Intelligence Reform bill with great fanfare, President Bush refused to provide the necessary funding in his Fiscal Year 2006 proposed budget sufficient to hire all of the border patrol agents that had been authorized. Fortunately, during the Senate’s debate on the budget in March of 2005, we passed an amendment to provide increased funding for border patrol agents. I hope the Republican leadership will support the maintenance of this funding, to provide the resources necessary to properly protect our borders.

It's obvious that the Senator was already preparing to run for the White House when she wrote this statement. She is careful to distinguish herself from the current administration, and is clear about what she sees as the shortcomings on the GOP approach to immigration. However, she offers nothing new of substance here. She is willing to work toward a bipartisan solution, which is obviously good, but she does not sound too different from her Republican colleagues in the Senate who are big on borders and short of work visas. She wants to welcome immigrants, but seems to forget that the nation has to deal with the undocumented as well as "welcoming immigrants who follow the rules."

This is obviously a big disappointment. Senator Clinton did not make the decision to join the Presidential race yesterday, and it's obvious that she has not spent too much time talking to people who have studied this issue extensively and could help her develop a strong platform on immigration.

I hope that she'll revisit this issue, and that the other Presidential hopefuls do the same.

Hazleton's Anti-immigrant Laws

Remember last year when Hazleton, Pennsylvania made the news nearly every day? You may recall that their mayor, Lou Barletta became an innovator in the practice of anti-immigrant ordinances and anti-immigrant sentiment when he and his Town Council passed a series of laws aimed at pushing undocumented people out of the town by making it illegal for landlords to rent to anyone without checking their immigration status, declaring English as the official language, and penalizing employers who hire undocumented workers.

You may also recall my blog post from last August about Hazleton's growth since immigrants discovered the town. Hazlteon is a former coal mining community, like many of its neighbors in Pennsylvania, it had been dying a slow death as it's younger generation left seeking decent employment and a better future elsewhere. Far from destroying the community, immigrants had revitalized the town. Like the Italians who settled there nearly 100 years before, the Latinos where giving Hazleton a chance for growth, and a future.

Unfortunately, Mr. Barletta doesn't see it that way, and like the 100 other municipalities in 27 states that have followed his lead and passed a variety of ordinances that are aimed at moving the undocumented (and perhaps the legal permanent Latino residents as well) out of these communities.

The Washington Post article linked above provides the following run-down on how these ordinances have been challenged:

Opponents of the crackdowns have fought back, mounting a half-dozen legal challenges _ all successful _ in Hazleton and places like Valley Park, Mo., and Farmers Branch, Texas. None of those municipalities is enforcing its law.

In some of the cases, state and federal judges have blocked the laws. In the others, the towns themselves have backed down, unwilling or unable to mount expensive legal battles.

After a federal judge blocked Escondido, Calif., from fining landlords who rent to illegal immigrants, the city council killed the measure and agreed to pay $90,000 to the opposing lawyers.

In the Valley Park case, St. Louis County Circuit Judge Barbara Wallace issued a restraining order and said there were "big holes" in the city's ordinance, which would target businesses and landlords.

The American Civil Liberties Union argues the measures trample on the federal government's exclusive power to regulate immigration. In issuing a temporary restraining order against Hazleton on Oct. 31, U.S. District Judge James Munley said there was a "reasonable probability" its package of laws would be declared unconstitutional.

Although most of the jurisdictions that have passed these laws have been challenged in court, it is expected that more communities will pass these laws in response to the inaction from the federal government. Even though the laws in communities that are facing legal challenges have yet to be enforced many Latinos, undocumented or legal, have already left. Latino business districts in Hazleton, Farmers Branch and Riverside, N.J., all report steep declines.

Border death

A border patrol office shot and killed a Mexican attempting to cross the border last week, according to a New York Times report. The immigrant, Francisco Javier Domínguez Rivera, a 22 year old native of Puebla, was shot as he and six others were being taken into custody by a Border Patrol agent. The shooting took place shortly after Domínguez Rivera and his companions crossed illegally into Cochise County in southeastern Arizona. Before he was shot, Mr. Domínguez Rivera scuffled with the agent, whose identity was not released, a Border Patrol spokesman said. Initial reports indicate the Mr. Domínguez Rivera was unarmed.

Mexico's President Felipe Calderon, condemned the shooting and asked for an official inquiry.

This was the first fatal shooting by a Border Patrol officer since August 26, 2006.

Come Legally, but wait

This is an interesting op-ed from today's Washington Post. It points out that even immigrants who take the "legal route" to residency here in the U.S. are often stymied by the long waits for their processing. It concludes:

America hardly encourages foreigners to enter and live in the country legally when simply processing their naturalization forms can take years. Citizenship and Immigration Services needs to cut its wait times by making a rapid transition to electronic forms and better organizing reform efforts.

New Coalitions for Immigration Reform

A new coalition of business groups and union leaders have banned together to work toward a comprehensive immigration bill this year. The Alliance for Immigration Reform 2007 announced its formation this week, "placing the force of the U.S. Chamber of Commerce, Service Employees International Union and the nation's largest Hispanic civil rights group behind a unified lobbying effort to get a law passed before the politics of the 2008 presidential campaign make a compromise on the contentious issue unworkable."

Pressure has been increasing in the job market as Immigration and Customs Enforcement (ICE) stepped up its workplace raids last year:

Business groups paint a dire picture of a U.S. economy without the country's estimated 12 million illegal immigrants. The National Restaurant Association says jobs in food service are growing one and a half times as fast as the U.S. labor force. And the construction industry needs 250,000 new workers per year to replace its aging workforce, according to Associated Builders and Contractors.

Proponents of a plan to legalize undocumented workers say this year offers an important window. President Bush and the Democratic-controlled Congress have called immigration reform a priority, and the coalition considers a Senate bill last year that provided a path to citizenship for undocumented workers a blueprint for the policy. That legislation stalled in November when the House and Senate could not hash out a compromise.

Although in the past Labor and Business interests have opposed one another on the immigration debate, both see a benefit of working together for change because the current system is causing more problems than solutions, and while they agree that reform is needed, there are disagreements in what the details of a comprehensive reform package should look like.

Herndon's anti-immigrant law challenged

Regular readers may recall a series of articles that I noted here about the hamlet of Herndon, Virginia, last year. To recap: a group of predominately Latino men were gathering at a local Seven Eleven looking for day labor work. The men were a sore topic in the community, and everyone agreed they should not be congregating in the parking lot. As an alternative, community volunteers organized a controversial day labor center a few blocks away. The proposed center caused an uproar because some in the community believe that the day labor center encourages undocumented immigration. When local elections rolled around last year, a number of anti-immigrant politicians were elected to Herndon's town council. They proceeded to pass a number of ordinances to "discourage" undocumented immigration, one of which is an "anti-solicitation" law.

Today's Washington Post reports that the anti-solicitation law is currently being challenged in court, and similar jurisdictions around the nation are watching this case closely to see if their own anti-immigrant legislation will be similarly challenged.

The purpose the anti-solicitation ordinance was enacted in September 2005. It prohibits anyone in a vehicle from trying to hire someone standing on the sidewalk or street; it also prohibits anyone on the street from asking someone in a vehicle -- or who has just gotten out of one -- for work.

Attorneys for the defendant have asked that the case be dismissed on First Amendment grounds; solicitation, they argue, has long been protected by the courts as free speech. Specifically, they said Herndon's law is flawed because it focuses only on solicitation for employment, while leaving other forms of solicitation -- such as charitable contributions or the sale of goods -- unrestricted.

Similar laws have been successfully challenged in other cases across the U.S. For instance, a federal judge in California ruled last May that day laborers in Redondo Beach had the right to look for jobs on public sidewalks. In 2004, city police arrested 60 workers in a sting operation under an ordinance the city passed in 1987 as a traffic control measure.

Although Herndon's Town Council members are adamant that they can refine this law if it the current one is dismissed, they may have trouble crafting an ordinance that does not effect other types of acceptable solicitation, such as car wash fund raisers that teenagers often undertake, the Salvation Army bell ringers, or girl scouts vending cookies on local sidewalks.

Immigration Raids Help African Americans--but not for long

I just came across this incredible article that appeared on the front page of today's Wall Street Journal. It gets at a fundamental question about immigration and what it means for ordinary low-wage workers: what is the effect of undocumented labor on the unskilled labor market?

This article takes a in-depth look at the Crider Poultry processing plant in Stillmore, GA after the ICE raids that took place during Labor Day weekend, 2006. The narrative recounted here offers many lessons about the unsafe and often illegal working conditions that undocumented workers are subjected to in poultry plants. It also chronicles the story of an African American worker to came to work in the plant after the ICE raid produced a labor shortage at the plant.

What happened after the raid says much about the low wage labor market in the U.S., and how much American businesses are addicted to a steady stream of unskilled workers who have no rights. In other words, these employers are all too happy to exploit the immigrant workforce and break federal immigration law.

Although African Americans were willing to take the jobs that were vacated as a result of the ICE raid,, they were aware that they had rights and were willing to demand them. As a result, some workers refused to work in unsafe conditions, demanded better pay, and demanded that the plant actually allow injured workers to leave their work station after suffering an injury. Many of the African American workers were fired as a result of demanding their rights; today the plant is still short some 300 employees.

This article exposes the complexity of the immigration dilemma in the U.S., and demonstrates that undocumented immigration is not a border enforcement problem, but more a workplace problem.

Immigrant mistreatment

It appears that our government is not limiting its mistreatment only to "foreign combatants." This article from today's Washington Post reports on consistent mistreatment of undocumented people who have been apprehended by ICE.

Meatpacker Raids and Immigration Dysfunction

Last month while I was on hiatus from the blog, there were a series of ICE raids on meatpacking plants throughout the heartland. This article from the Fort Wayne News-Sentinel examines how these raids point out the widespread dysfunction in our current immigration system.

(Another) Border Patrol Officer Arrested

A 10-year veteran of the U.S. Border Patrol has been arrested on suspicion of being involved in a Tijuana-based human trafficking organization. This arrest is one of several that have occurred in the past six months.

Immigration and Violence

This article from today's Washington Post explores Hmong-Anglo relations in Wisconsin. A Hmong man was recently murdered, and it is suspected to be an instance of anti-immigrant violence.

Should undocumented residents serve in the U.S. Military?

As the war in Iraq continues to spin out of control, it is often noted that the U.S. Armed Forces are having trouble recruiting new volunteers to fill the ranks who will provide the personnel for President Bush's planned "surge." Despite recruiting shortfalls, Recruiters in Chicago and other cities across the nation have been turning away otherwise qualified volunteers for one reason: they are undocumented residents of the U.S.

Before igniting the cries of "foul!" from the nativist minority reading this blog, I need to point out that on July 3, 2002, President Bush authorized an expedited citizenship process for documented residents who are serving in the armed forces regardless of their length of residency (via Section 329 of the Immigration and Nationality Act).

So far, this seems pretty straightforward: if you're undocumented, you can't serve. However, President Bush's order "also said undocumented immigrants could serve and apply for expedited citizenship, according to Margaret Stock, an immigration lawyer and associate professor at the U.S. Military Academy at West Point." In this case, Recruiters know their guidelines, not the law, and they are inadvertently turning away potential eligible recruits.

There is no clear consensus on how the undocumented should be handled, however. Many in the DOD are adamant that a person must be a permanent legal resident to join the military, but that statutes on the books indicate that give the secretaries of each military branch the right to wave the residency requirement.

In all, the confusion surrounding the undocumented and military service points to the broader inconsistencies that the U.S. has toward their undocumented residents: when we need them, we have no problem using them. This is evidenced in our current policy on the undocumented in the even the President authorizes a draft. "An order signed by President Bush on July 3, 2002, requires undocumented immigrants to register for the Selective Service. If the draft was reinstated -- the Selective Service recently announced a comprehensive "readiness exercise" of its system, despite denials the agency is gearing up for a draft -- military services could draft undocumented immigrants. " Any foreigner who is drafted is allowed the right to refuse, but they then have to leave the country permanently and are banned from getting U.S. citizenship.

Keeping Busy in SMA

San Miguel de Allende's "heyday" as a hot tourist destination is about two years past. However, it is still possible to find articles from time to time from Canadians or Americans who have recently discovered the city for the first time. This article is an example of this.

Although there is not much new here, it is interesting that prices for recreation and lodging have not risen much in the last twelve months.

Aceptamos Pesos

There are places in Mexico where you don't have to worry about changing your money. In Tijuana and Cancun, even as far inland as San Miguel de Allende (at times), you're greenbacks might be welcomed.

In Dallas, Texas, it appears the opposite is true: at Pizza Paton, "acemptamos pesos" is now the part of daily business. The chain, which has 59 pizza shops started accepting pesos as legal tender for their pizza on Monday. The owner, Antonio Swad, expected to take some heat from the promotion, but he was surprised when he started receiving death threats.

It is not uncommon for businesses along the U.S.-Mexico border to accept both currencies, and a similarly, Canadian dollars are often accepted along the U.S.-Canada border.

The significance of this reaction is that a simple business promotion has become an immigration flashpoint, exposing American insecurity about the Latino, and Mexican influence on American culture.

Immigrant Lives: Three Sisters

Follow the link here to a wonderful NY Times series on three Mexican sisters who have immigrated to the U.S. and their life stories.

California California's Democratic Senators Propose a Path to Citizenship for Farmworkers

California's Democratic senators Diane Feinstein and Barbara Boxer introduced legislation Wednesday that would put some illegal immigrant farmworkers on a path to citizenship and revamp a little-used agricultural guest worker program. Calling the measure a "matter of survival for farmers across the country," the L.A. Times reports.

In California, nearly 1 million undocumented laborers work California's 76,500 farms, making up about 90% of the state's agricultural payroll. The get tough policies initiated at the U.S.-Mexico border has left farmers scrambling for enough hands at harvest time. This has only be compounded as undocumented workers tend to leave agricultural work for higher-paying jobs in the construction, restaurant and hospitality industries, where they can easily secure better jobs.

The American Farm Bureau Federation estimates that losses for California would start at $3 billion a year and could climb as high as $4.1 billion if the labor shortage continues. At the present California farms generate $34 billion in revenue a year.

The proposed legislation would allow illegal immigrants who have worked in agriculture for at least 150 days over the last two years to receive a "blue card," which would entitle them to temporary legal resident status. A maximum of 1.5 million blue cards would be distributed over five years, when the program would end. They would be allowed to travel in and out of the U.S. To be eligible to apply for permanent legal resident status, they would have to continue doing farm work 150 days a year for an additional three years, or 100 days a year for an additional five years. Applicants would have to pay $500 and show that they are up-to-date on their taxes, and must not have been convicted of any serious crime.

The bill proposed by Feinstein and Boxer would also reconstitute the H-2A guest worker program, making it easier and less expensive for growers to use and to protect them from lawsuits. The current program is a bureaucratic nightmare and consists of more than 300 pages of regulations, requiring farmers to go through 60 different steps to get workers from abroad. At the moment, only 2% of all farmers use the H-2A guest worker program because it is so difficult to negotiate.

I applaud Senators Boxer and Feinstein for making this move to help their farmers, but I think we need to be realistic about how much long-term good this will do. Any "path to citizenship" means they are creating a path out of agricultural work. Why not create a temporary farm visa that is just that--a simplified way to legalize farm workers to want to work occasionally, then go home. Otherwise, the program will work like the Immigration Reform and Control Act of 1986, and feed the immigration pipeline with low-skilled people who will become permanent residents and then move onto better paying work.

Admitting Failures, Bush proposes more of the same

I know this looks like I am moving away from the stated focus of this blog, but President Bush's speech last night, and his proposal to send an additional 20,000 troupes into Iraq really does have a significant impact on the progress the country can make at home on immigration reform.

Bush's "plan" for Iraq is pure folly, a waste of human and financial resources. When we wake up in a decade are realize that our economy resembles that of Great Briton in the 1980s, we'll have Mr. Bush to thank for bankrupting our country and squandering our children's future America.

We can also thank Mr. Bush for focusing his attention where it certainly did not belong--on a country that posed no threat to our security (there were no weapons of mass destruction, and as far as I can tell Osama Bin Laden is still not in Iraq) and away from key domestic issues, like immigration, that are left unchecked and bubbling out of control. We have an immigration problem, people, and we should be demanding that our government address it.

And for the record, I'm not really interested in hearing from the pro-Bush contingent about how "brave" he's been for fighting for our freedom, or the crack pots who think that immigrants gotten us into our current domestic mess. Bush's war threatens our way of life and our freedom, and we have no one to blame but ourselves for the current state of affairs in the U.S. I welcome any well thought out, constructive comments to this and any post. I also put hate speech right where it belongs--in the trash.

I would heartily encourage everyone to take the few minutes you might spend posting here and use it to write to your congressional representative, or call the White House and press the President for change. That number is 202-456-1111.

Catch and Release

As I've noted here before, it is not unusual for an undocumented immigrant to apprehended several times in the course of their northward journey. New Justice Department data indicate that some undocumented have been arrested up to six times, and often their offences are much more serious that crossing the border. The charges, which ranged from traffic violations to weapons and drug charges, suggests that although law enforcement is effectively apprehending immigrants who have violated the law, the seriously dysfunctional immigration system has no consistent way of managing them. The article explains that lack of jail space is part of the problem:

For years, the government was forced to release thousands of illegal immigrants who were caught in the United States because of not enough jail space and other resources. But last fall, with immigration as a key election-year priority, Homeland Security declared it would detain 99 percent of non-Mexican illegal immigrants until they could be returned to their home nations. The policy generally does not apply to Mexicans, who are almost immediately returned to Mexico after being stopped by Border Patrol agents.

Interestingly, the Justice Department audit only examined data on immigrants who were arrested and released by local and state authorities before they could be turned over to Homeland Security to be detained or deported.

This leaves me wondering what benefit will come of local jurisdictions who are currently receiving federal training so they can attempt to apprehend undocumented residents in their communities? What benefit can it possibly serve to have local police arresting people who will most likely be released in any event?

For details on the ICE program to train local law enforcement, see this post from a few months ago.

No Place like Home

Americans often overlook the fact that, despite how nice life can be in the U.S., most people have a natural inclination to prefer to natal homes. This article from the Washington Post examines the possible effects globalization on immigration as the final provisions of NAFTA are enacted. In the next two years, Mexico's markets will be opened to poultry imports from the U.S. Mexican farms will have to compete with American agribusinesses. Most chicken farmers in Mexico expect that this provision will effectively eliminate chicken farming in Mexico. If Mexico imports cheaper American poultry, thousands will lose their jobs. After that, what would be their next best alternative? Why, immigrating to the U.S., of course.

Ironically, Americans have consistently failed to see the link between globalization and immigration. Opening the international border for trade purposes by necessity opens it to just about everything else--communication, culture and labor. Thus, as trade routes open through treaties like NAFTA, so too do immigration flows.

Another interesting, and often overlooked, fact highlighted in the article: Mexicans who have not yet immigrated are necessarily interested in moving their lives north. Life in Mexico is certainly not as extravagant as life in the U.S., but it is rich in culture and community. If you take a look at the San Miguel Fieldwork Diary (see link on the right), you will see that thousands of Americans give up their lives in the U.S. for the same reasons. Life in Mexico is good, even more so for those who have lived their entire lives there.

Luto for Philip J. Maher

For those of you who have been following this blog since I began my fieldwork in San Miguel last summer, you'll recall my interview with Philip J. Maher, SMA's former Consular official. I'm sorry to report that Mr. Maher, who was an outstanding and insightful informant, passed away in San Miguel on December 23, 2006 after a long illness.