Daily Kos

Immigration Raid was Ham-handed - U.S. Court of Appeals

Tue Nov 27, 2007 at 06:08:17 PM PDT

The U.S. Court of Appeals in Boston criticized how the government handled the March arrest of 361 immigrant workers at a New Bedford leather-goods factory, according to the Boston Globe on 11/27/2007.

The US Court of Appeals for the First Circuit said yesterday that the raid by the US Bureau of Immigration and Customs Enforcement, which drew widespread public criticism for separating parents from children, was "ham-handed" and seemed callous.

The court upheld the dismissal of a civil suit brought by immigrants who were transferred to a Texas detention center. The tranfer prevented many of them from contacting their families and lawyers.

The appeals court said it hopes ICE views the raid as a "learning experience in order to devise better, less ham-handed ways of carrying out its important responsibilities."

The Boston Herald added that ICE gave social welfare agencies insufficient notice

of the raid, that caseworkers were denied access to detainees until after the first group had been transferred, and that various ICE actions temporarily thwarted any effective investigation into the detainees’ needs."

As a result, a substantial number of the detainees’ minor children were left for varying periods of time without adult supervision, according to the ruling.

"We are sensitive to the concerns raised by the petitioners and are conscious that undocumented workers, like all persons who are on American soil, have certain inalienable rights".

Let's hope for a more fair policy for the future.

And those kids who were separated from their mothers with no safety net in place. Imagine the effect on those children.

______________________________________________________

In another case the New Jersey Attorney General, according to today's New York Times, said that

city police official acted improperly by asking about the immigration status of two journalists who witnessed a crime scene in September, violating a state directive on immigrants and law enforcement. The journalists, a freelance photographer and the editor of The Brazilian Voice newspaper, reported to the police that the photographer had found a woman’s body in a Newark alley. They were questioned about their immigration status by the official, Deputy Chief Samuel A. DeMaio, the attorney general’s office said. The directive, introduced in August, tells the police to ask the immigration status only of those arrested on indictable offenses or for drunken driving. In a statement, Attorney General Anne Milgram, above, said the directive "specifically prohibits police from inquiring about the immigration status of any victim, witness or person requesting police assistance." The Newark police director, Garry F. McCarthy, said the Police Department would review the matter before deciding whether to reprimand Chief DeMaio.

________________________________________

The N.J. Attorney General has the wisdom to know that punishing people that are being "good citizens", good samaritans and victims or witnesses to crimes is bad policy. That policy would create an atmosphere where even legal immigrants are profiled and discriminated against and where it's better just to not get involved.

No good deed goes unpunished.

Is that the society we want?

Poll

Having a Ham-handed Immigration policy in the U.S.

3%1 votes
0%0 votes
0%0 votes
6%2 votes
0%0 votes
0%0 votes
75%22 votes
13%4 votes

| 29 votes | Vote | Results

Tags: immigration (all tags) :: Previous Tag Versions

Permalink | 14 comments

  •  It's okay to control (3+ / 0-)

    Recommended by:
    Over the Edge, Dianna, immigradvocate

    the flow of legal and illegal immigration, but we have to do realize that the ones that are already here are human beings too. We can't keep ignoring that they are here and are not going anywhere, regardless of what Lou Dobbs and Tancredo have said.
    Lets find a way to secure the border and legalize the good established ones, so we can all get along again.

    •  I agree with what you said, pretty much. (2+ / 0-)

      Recommended by:
      christianfalling, christine20

      The problem is, how do we secure the border? It seems were willing to have this "ham-handed" approach in an attempt to secure the border.
      Deporting people who save lives or report crimes won't make our borders more secure, I don't think.

      And how do we define good, established ones?
      We have people who are being criminalized for driving without a license, trying to get to work and support their families. Are they good?

      Yet I do agree that we should try to get rid of the hardened criminals. They hurt the good name of the overwhelming majority that are hardworking and decent people.

      •  true (1+ / 0-)

        Recommended by:
        immigradvocate

        I still don't know when a traffic violation makes someone a criminal. Television and radio talk show hosts have turned this country to a paranoid angry place. Too bad some of us are listening and believing their fear mongering.

        •  I agree with that. There are even lots of dkos (0+ / 0-)

          members that are buying into the right wing, talk show fear mongering.
          I suspect that lots of them are just pulling a Hillary.... I mean an Edwards.... Or maybe an Obama. That means they're reluctant to support immigrants too strongly, because it might be used against them (or against the Democrats) in the election.

  •  It's about real immigration policy (1+ / 0-)

    Recommended by:
    Dianna

    Follow the money to see why we don't get it...It's important to keep Mexico down so we can draw from  there labor force.

    "The Conservatives definition of torture: Anything that provides death or false information from its captive." Me 2007

    by army193 on Tue Nov 27, 2007 at 06:47:31 PM PDT

  •  Everybody knows that the best way to disorient... (0+ / 0-)

    an illegal immigrant is with ham. It makes them much easier to catch.

    Therefore, I think the government tactics were entirely appropriate.

    Let the word go forth from this time and place...that the torch has been passed to a new generation of Americans--Obama '08

    by Azdak on Tue Nov 27, 2007 at 08:05:02 PM PDT

  •  I hope we can have a discussion on whether heavy (0+ / 0-)

    handed forms of implementing immigration policy are justified.

  •  Some important points (3+ / 0-)

    about the New Bedford raid:

    1. The company was working for the DOD and had DOD employees in the factory who knew most of the workers were undocumented, the government paid this company.
    1. The owners of the company weren't arrested, in fact a few days after the raid they left the country on a business trip. What fines or jail sentences are they facing?
    1. Conditions in the factory and the treatment of the workers were in violation of labor standards; these workers were mistreated.

    And then they got the shit kicked out of them by ICE. Seperated from their families, quickly transported away from any source of legal or family help, kept incomminicado, treated like animals, murderers get treated better in the good old USA.

  •  El sonavabitche (0+ / 0-)

    Let's hope for a more fair policy for the future.

    Yeah--*that's* putting it mildly.  Man, I had blocked this raid out of my mind since I first followed it.  Totally egregious.  I have to not dwell on it, because the rage starts shutting down parts of my brain that I need to continue working.  

    The reading for tonight: "El sonavabitche" by Gloria Anzaldua.  A snippet:

    Como le estaba diciendo,
    today was payday.
    You saw them, la migra came busting in
    waving their pinche pistolas.
    Said someone made a call,
    what you call it?  Anonymous.
    Guess who?  That sonavabitche, who else?

    Because for Zen surrealism, you can't beat living in the Bible Belt...

    by salvador dalai llama on Tue Nov 27, 2007 at 09:49:07 PM PDT

  •  in reference to the police asking for immigration (1+ / 0-)

    Recommended by:
    immigradvocate

    Not just in jersey:

    Immigrant: Judge told me to go home

    Anna Calixto went to court Friday seeking an order of protection from her husband, Fernando Calixto. Instead, she was told to go back to her native country of Nicaragua by Blount County Circuit Court Judge W. Dale Young, according to witnesses.
    ...

    "When the judge asked if I was here legally," Anna Calixto said, "I told him I have my temporary worker permit and I have the documentation showing it from the immigration service.

    "The judge shrugged his shoulders like he didn’t care — then he told me to go back to Nicaragua.

    "I told him I have two children and asked what I was supposed to do about my children. The judge said there were Americans here in this country who could take care of my children."

    After the brief discussion, Young reportedly threw Anna Calixto’s request for an order of protection across his desk. Young’s secretary, Amanda Nolan, told The Daily Times Monday that the judge had dismissed Calixto’s request.

    Of course, people complained.  But the result?  In this red corner of a red state?  Well, the news story isn't up yet on the local paper's site, but here's the summary:

    A whos who of Blount County politics showed up Tuesday to show support for Blount County Circuit Court Judge W. Dale Young, who is currently the subject of a judicial review by the Tennessee Court of the Judiciary.

    God Bless America.

    Because for Zen surrealism, you can't beat living in the Bible Belt...

    by salvador dalai llama on Tue Nov 27, 2007 at 10:05:24 PM PDT

Permalink | 14 comments