USA Africa Dialogue Series - Fwd: [Mwananchi] USA/Africa: Immigration Reform Needs Fixing

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From: <africafocus@igc.org>
Date: Wed, May 8, 2013 at 3:12 PM
Subject: [Mwananchi] USA/Africa: Immigration Reform Needs Fixing
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USA/Africa: Immigration Reform Needs Fixing    AfricaFocus Bulletin  May 8, 2013 (130508)  (Reposted from sources cited below)    Editor's Note    "The recently released Senate immigration reform bill had  a mix of carrot and stick approaches to providing the  long-awaited path to citizenship for millions of  undocumented people living under repressive conditions.  While the bill has several good features, it weighs  heavily toward very bad and very ugly provisions that  will leave out millions of people and will continue the  mass detentions and deportations that have become  normalized in U.S. society." - Gerald Lenoir, Black  Alliance for Just Immigration    For a version of this Bulletin in html format, more  suitable for printing, go to  http://www.africafocus.org/docs13/migr1305.php, and click  on "format for print or mobile."    As debate begins on the bipartisan Senate proposal on  immigration reform, the predictions are that the bill  will be further pushed further to the right, with greater  emphasis on border security, priority to immigration for  skilled workers over family integration, and other  measures being pushed by those who seem immigrants as a  problem rather than an asset, or by those who view  immigrants as economic units rather than as persons with  human rights.    While advocacy for immigrant rights has been strongest  among the largest immigrant groups, particularly those of  Hispanic origin, a growing network of groups is emerging  among immigrants from Africa and the African diaspora and  among African Americans who see immigration within the  perspective of a common struggle for civil rights.    This AfricaFocus Bulletin contains a open letter to the  Senate Judiciary Committee with ten demands from the  Black Immigration Network. Organizations and individuals  are urged to sign on this week, before 5 pm PST.    Also included is an article by Gerald Lenoir of the Black  Alliance for Just Immigration (BAJI), outlining "the  good, the bad, and the ugly" in the proposed bill.    For previous AfricaFocus Bulletins on migration issues,  visit http://www.africafocus.org/migrexp.php    For photos of a May Day demonstration for immigration  rights, visit http://uniteafricans.org/blog    Additional links:    Black Alliance for Just Immigration  http://www.blackalliance.org    Black Immigration Network  http://blackimmigration.net/    Priority Africa Network (San Francisco Bay Area)  http://www.priorityafrica.org/    United African Organization (Chicago)  http://uniteafricans.org/    ++++++++++++++++++++++end editor's note+++++++++++++++++    An Open Letter to the Senate Judiciary Committee Ten  Demands for Fair and Just Immigration Reform    [To view and sign this letter on-line visit  http://tinyurl.com/bw3wfbn]    Black Immigration Network    http://blackimmigration.net/    Just 2 weeks ago Eight Senators introduced a  comprehensive immigration reform (CIR) bill entitled, 'S.  744, the Border Security, Economic Opportunity and  Immigration Modernization Act'. The bill includes some  minor improvements to the U.S. immigration system,  however it still undermines families, criminalizes  immigrants, and excludes countless immigrants from legal  future migration. In the coming weeks the Senate  Judiciary Committee will be making changes to the  proposed bill, and it is important that our communities  speak up to ensure our needs are met.    On May 13, 2013 BLACK IMMIGRATION NETWORK is initiating a  National Day of Demands along with allied organizations  nationwide.  We are demanding that immigration reform be  reflective of our collective values and needs. We are  demanding that immigration reform be FAIR, JUST   INCLUSIVE. Please sign on to the letter below. This  letter will be submitted to the Senate Judiciary  Committee during the bill's "mark up" period so that they  can be sure to include our 10 demands.    Deadline for Sign On is Friday May 10th at 5:00pm PST.  Please spread the word widely.    If you agree with these demands, then stand in solidarity  with us.    Sign on and let's raise our voices together!    More information?  tel: (917) 310-3785  web: http://www.blackimmigration.net  email: info@blackimmigration.net    ****************************************************    Patrick J. Leahy (Chairman, D-Vermont), Dianne Feinstein  (D-California), Chuck Grassley (R- Iowa), Orrin G. Hatch  (R – Utah), Dick Durbin (D- Illinois), Jeff Sessions (R-  Alabama), Sheldon Whitehouse (D-Rhode Island), Lindsey  Graham (R-South Carolina). Amy Klobuchar (D-Minnesota),  John Cornyn (R-Texas), Al Franken (D-Minnesota), Michael  S. Lee (R-Utah), Christopher A.Coons (D- Delaware), Ted  Cruz (R-Texas), Richard Blumenthal (D-Connecticut), Jeff  Flake (R-Arizona), and Mazie Hirono (D-Hawaii)    Dear Senate Judiciary Committee:    The Black Immigration Network (BIN) has initiated this  letter to you with the expectation that it will prompt  you to correct some glaring flaws in the immigration  reform bill that you introduced in the Senate last week.  BIN is a national network largely comprised of  organizations led by black immigrants from Africa, the  Caribbean and Latin America as well as African Americans.  We are united in support of fair, just and inclusive  immigration reform.    We believe that there are some good provisions in the  bill—the path to citizenship for many undocumented  people, including youth and farm workers, and temporary  workers on employment visas; and the eligibility of the  families members of green card holders for visas.  However, we believe that the bill does a disservice to  millions of people.    Here are our ten amendment recommendations for a fair,  just and inclusive immigration bill:    1)	The categories of family members that are  eligible for visas should be expanded not contracted.  The bill makes a major shift from family-based  immigration to a "merit-based" system.  This overturns a  precedent of almost 40 years duration.  In a country that  prides itself on espousing "family values", it is  reprehensible that families are not valued in this bill.  The proposed shift treats human beings as economic units  whose primary value is as workers, not humans.  In  addition, to exclude siblings and adult children from  seeking family visas means that millions of family  members will be permanently separated from one another.  Currently 65% of immigrants admitted to this country come  on a family visa and 14% on employment visas.  Eliminating siblings and adult children would disqualify  between 65,000 - 90,000 people a year.  We propose not  only restoring those family visa categories but expanding  eligibility to those families that are headed by same sex  couple and family members who are biologically related  but nevertheless are an integral part of the family unit.  Families come in many configurations and that should be  respected.    2)	De-link legalization programs from border  security.  Tying the legalization process to so-called  border security benchmarks that are totally unrelated to  immigration status is nonsensical.  The path to  citizenship should not be hampered with unwarranted  delays in implementation.    3)	Maintain the Diversity Visa program.  For many  people in African and Caribbean countries, the Diversity  Visa Lottery is the only chance of obtaining entry into  the United States.  The program is for countries that  have minimal immigration to the U.S. and ensures that  many who would otherwise not qualify are able to migrate.  About 30% to 50% of the 50,000 visas each year go to  people in African nations.  Potential immigrants from  African and Caribbean nations and other underrepresented  countries should not be excluded from consideration for  migration to the U.S.    4)	Extend the path to citizenship to other  immigrants on temporary statuses.  More than 300,000  people from Haiti, Sudan, Somalia, El Salvador,  Nicaragua, Honduras and Syria have a legal status called  Temporary Protected Status (TPS) due to natural disasters  or political conflicts in their home countries.  For many  of them the status has been renewed every 18 months for  many years, even decades.  Only a fraction of them will  qualify for the proposed legalization program. In  addition, several thousand Liberians have a status called  Deferred Enforced Departure (DED), which they also have  been under for many years.  Many people under TPS and DED  have established roots in the United States and have  raised their families here.  It is time to grant these  groups of people permanent status and a path to  citizenship.    5)	Shorten the length of time to reach citizenship  and extend the eligibility date.  A 13-year process is  unduly long and burdens families with uncertainty and  anxiety.   We believe that it will also discourage many  people from applying for the program.  We believe that a  five-year process is a fair period of time.  We believe  that the December 31, 2011 for eligibility should be  extended to the date of enactment of the legislation.  Your proposed date is arbitrary, while our proposed date  means that the maximum number of people can qualify.    6)	Stop inhumane enforcement programs and  activities.   The militarization of our southern border  has already cost billions of dollars and the bill  proposes another $5.5 billion. We oppose increased  military presence on the U.S.-Mexico Border and other  ports of entry.  What has been spent to date has meant  thousands of migrants dying in the desert and the daily  violations of human rights in border communities.  We  also call for an end to programs like Secure Communities  and 287(g) that allow local law enforcement to act as  immigration police and discourage our communities from  cooperating with local law enforcement when crimes are  committed.  We oppose mandatory prosecutions of  undocumented immigrants and detention bed quotas. We also  demand that the bill's racial profiling prohibition be  strengthened, by adding religion and national origin as  protected categories and eliminating border and national  security loopholes. Unless this is done, immigrants will  continue to be criminalized, especially immigrants of  color and the false assumption will remain that they are  a threat. Fear mongering has dominated the debate and has  led to record deportations, the tearing apart of families  and the wasting of billions of U.S. tax dollars.    7)	People with so-called "criminal" records should  not be automatically excluded from the program.   We know  that this is a controversial point of view but we believe  that incarcerated people and formerly incarcerated people  are human beings that deserve second chances.  We know of  many cases where immigrants convicted of crimes have come  out of prison and are leading productive lives.  Furthermore, many of the crimes contained in the category  of "aggravated felonies" spelled out in the legislation  bear no resemblance to what the average person would  consider a serious crime.  And the provision that anyone  who commits three misdemeanors is ineligible is patently  unfair.    8)	Dispense with prohibitive costs for filing fees,  penalties and back taxes.  Millions of low-income  immigrants will find it very difficult to finance their  path to citizenship, especially those where several  members of the family qualify.  This is an undue burden  for people, many of who have paid taxes for years and  whose only "crime" is to cross a border without papers or  overstay a visa time period.    9)	Eliminate the biometric identification card and  the Electronic Verification program (E-verify).  These  programs are tantamount to a national security state in  which everyone is under surveillance and personal  liberties and privacy are severely compromised.  We  should not go down the path of a "Big Brother is  Watching" society.    10)	Allow all immigrants access to health care and  public benefits.  Regardless of citizenship or  immigration status, all people deserve health care and  public benefits for their personal well-being and for the  well being of all of our communities.    We ask you to consider our recommendation seriously.  The  signatories to this letter are members of BIN and allies  with whom we work closely.  We will continue to mobilize  our communities to support the progressive changes in the  Senate bill and to defend the human rights of immigrants,  undocumented and documented.    Sincerely,    [ORGANIZATIONS  INDIVIDUALS WILL BE LISTED HERE]    [To view and sign this letter on-line visit  http://tinyurl.com/bw3wfbn]    *********************************************************    The Senate Immigration Reform Bill—The Good, The Bad, The  Ugly    Apr 20, 2013    by Gerald Lenoir, BAJI Executive Director    http://www.blackalliance.org / direct URL:  http://tinyurl.com/cqlhtxm    The recently released Senate immigration reform bill had  a mix of carrot and stick approaches to providing the  long-awaited path to citizenship for millions of  undocumented people living under repressive conditions.  While the bill has several good features, it weighs  heavily toward very bad and very ugly provisions that  will leave out millions of people and will continue the  mass detentions and deportations that have become  normalized in U.S. society.    First the good.  There is a path to citizenship for many  undocumented including many undocumented people, youth  and farm workers, and temporary workers on employment  visas.  It is also positive that the families of green  card holders (not just naturalized citizens, as before)  are eligible for visas.  Several of the provisions give  more rights to immigrants in detention and there is a ban  on racial profiling written into the bill.    Now the bad.  The bill undermines the interests of  families.  It shifts immigration policy from a family-  based system to an employment-based system (a so-called  "merit-based system").  Currently 65% of immigrants  admitted to this country come on family visas, 14% on a  employment visa.  Under the Senate bill, the siblings and  adult children of immigrants will no longer be eligible  for visas, eliminating 65,000 – 90,000 people. Over  300,000 immigrants who are here on temporary visas will  not be eligible for permanent status and citizenship.  The bill also eliminates the 50,000 Diversity Visas and  allocates them for visas for high tech workers.  African  and Caribbean countries will be severely impacted by this  change and by the change in the Family Visa program.    What's more, the "path to citizenship" is unacceptably  long—13 years on paper, probably more in reality.  The  requirements to qualify for the legalization program are  burdensome, especially with the requirements that to be  eligible, one must be regularly employed, comply with the  provisions about "criminal activity" (for example, three  misdemeanors and you're out!), and pay back taxes,  registration fees and fines.  Additionally the ban on  health care and other public benefits for those who  qualify for the legalization is inhumane and  shortsighted.  Everyone should have access to the social  safety net for the health and well being of our entire  society.    Finally, the ugly.  The bill ties the start of the  legalization program to increased border militarization  and a Department of Homeland Security certification that  90% of those attempting to cross our southern border have  been captured.  It allocates billions of dollars for  border and interior enforcement.  As a result, immigrants  will continue to be criminalized, especially immigrants  of color and the assumption remains that they are a  threat.  The fear mongering that has dominated the debate  and has led to record deportations, the break up of  families, deaths in the desert and on the high seas, the  routine violations of human rights of migrants, and the  wasting of billions of U.S. tax dollars will continue.    And the bill establishes a biometric identification card  and a system called E-verify, a mandatory internet-based  system to verify legal status and employment eligibility.  These measures criminalize people who work and are the  first steps in a potentially universal system of  surveillance that is a threat to all of our civil  liberties and privacy.    BAJI and its allies in the Black Immigration Network  (BIN) will be organizing and advocating for a fairer,  more just immigration bill.  Very shortly, we will launch  a campaign to get Senators to revise the bill to address  some its glaring deficiencies.  We hope you will join us  in fighting for justice.    For a summary of the Senate bill, go to For a summary of  the Senate bill, go to  http://www.schumer.senate.gov/forms/immigration.pdf    ******************************************************    AfricaFocus Bulletin is an independent electronic  publication providing reposted commentary and analysis on  African issues, with a particular focus on U.S. and  international policies. AfricaFocus Bulletin is edited by  William Minter.    AfricaFocus Bulletin can be reached at  africafocus@igc.org. Please write to this address to  subscribe or unsubscribe to the bulletin, or to suggest  material for inclusion. For more information about  reposted material, please contact directly the original  source mentioned. For a full archive and other resources,  see http://www.africafocus.org    ********************************************************      

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