Inmigracion

Desde la primera semana de Marzo se han estado propagando miles de mensages a traves principalmente del celular anunciando un supuesto acuerdo entre Wallmart y la ICE.

Uno de los textos que la UTI ha recibido dice asi:

We need volunteers to help us with our events, different publications and projects. We need hands, but mostly hearts and passion to figh for social Justice!

Necesitamos voluntarios para ayudarnos con nuestros eventos, publicaciones y diferentes proyectos.Necesitamos voluntarios, sobre todo los corazones y la pasión para luchar por la justicia social!

En la Biblioteca Central de Madison ( 201 West Mifflin St, Madison) 

Activista sindical Asa Philip Randolph y sus esfuerzos de  organizar a los trabajadores negros del Pullman Rail Company en Estados Unidos durante los años 20.

Mahoney, David" <Mahoney@co.dane.wi.us>

"Board of Supevirsor of Dane County"  < county_board_recipients@co.dane.wi.us >

The issue:

Since September 2007 the number of deportations of Dane County Jail inmates has increase exponentially from two or three cases in August to between 20 and 30 in October and November.

 

Background:

The Sheriff's office reports that it is not doing anything different than before, but rather that ICE who is increasing their activity in the area and as a result being more responsive to the information sent by county jails in first place.

 

A fairly good article on this issue can be found in the Cap Times: http://www.madison.com/tct/news/269721

 

What are we asking for?

We are asking that the Sheriff changes the new policy and stops reporting non-citizens' information to ICE for non-aggravated felonies.

 

Why?

Case study (general situation, similar cases already happen in the area):

Marta Rodriguez, a Mexican national, got just married to Tom Smith, a U.S. citizen.  Tom in abusive with Marta and though she believed she was following immigration law when she married him, he now refuses to help her fill out paperwork for her conditional residency.  Thus, she is undocumented.

Tom is increasingly more frustrated and violent with her.  Marta already reported previous violent incidents to police.  One night, Tom is very mad and starts pushing her around; Marta afraid of being hurt, so she pushes him back. Neighbors hear the noise and screaming and decide to report it to the police.  When police arrive, despite that Tom and Marta deny any fight, police notice that he has a brush, and Marta admits that she did push him trying to defend herself. Police then decide to press charges against her and put her in jail.  In court Marta got convicted of a minor offense and goes to jail for a couple days.

 

Marta did not commit any aggravated felony. Tom, however, is abusive and using violence against her. Under immigration law, if she can prove (with documentation) that she has been victim of domestic abuse, she can file for protection and possibly gain immigration status. However, if she is held in Dane County Jail, Sheriff Dave Mahoney will jump the gun by reporting her to the ICE and producing a deportation proceeding. The Sheriff is not obligated to report Marta to ICE, and as we see in this case, in the aim to voluntarily assist federal enforcement the local enforcement would fail to assist the victim.  Since the Dane County Jail deportations happen so fast, Marta may never have a chance to prove her eligibility for relief as an abused spouse of a U.S. citizen.  Moreover, once she is deported, she could be barred from returning legally for 10 or more years.

 

Main points:

• Local and state enforcement enrollment in a program to enforce immigration law (MOA) is voluntary, because immigration law falls within federal jurisdiction.  Local agencies do not have the training and coordination to guarantee a consistent application of law in the whole country.
• Crimes less than aggravated felonies are not within federal immigration jurisdiction. With or without documents, individuals who are convicted of minor offenses are still under local jurisdiction.
• Dane County Sheriff's dubious "call-to-duty" is putting our community's safety and security at risk:
  
  • Thousands of undocumented residents in the area may become reluctant to go to their court dates, as they may end up in deportation.
  • They will also be reluctant to approach county local enforcement to report crimes or seek help.
• Local enforcement can not carry out the solution to a problem that U.S. Senate and U.S. Congress are not able, ready, or willing to solve. If we allow federal government and local enforcement to "solve" the immigration crisis by literally hunting undocumented immigrants and persecuting them, what it is going to be next?
• Virtually they are calling for access to immigration services to stop at a red light. Immigration should not be used as extra enforcement ammunition against residents in Dane County.  It is not proper, it is not intended by law, and it is not fair that people convicted of minor offenses end up in deportation.  This has the  potential to put disproportional power in the hands of local offices, which will be used against undocumented workers and their families.

 

Can the Sheriff make the policy change?

Yes, we think he can:

• Currently, there is not law that mandates County Jail to report information to ICE or DHS for minor offensives or non aggravating felonies.
• Also, reporting to other countries embassies is not the same as reporting to ICE.
• Another indication that the Sheriff is going beyond its duty is that both Madison City Council and Dane County Board of Supervisors already passed legislation to avoid and or block local administration of voluntary immigration enforcement.
  
  • Madison Ordinance: http://www.aclu.org/safefree/resources/17093res20021113.html
  • Dane County Ordinance: http://www.co.dane.wi.us/pdfdocs/minutes/cb20040923.pdf (page 10)

 

More information:

A step by step guide to identify if local or state officials are enforcing federal law illegally:

http://www.nilc.org/immlawpolicy/LocalLaw/federalpreemptionfacts_2007-06-28.pdf