Monday, September 18, 2017

Rescinding DACA: More than Just the Dreamers

By Rev. Craig B. Mousin, university ombudsman, DePaul University

For the academy, it is more than just the DREAMERs.  The DREAMERs belong to a much larger community that has suffered under recent federal immigration policies. Much needed attention has already focused on the DREAMERS, individuals who were brought to this nation at a young age who were unable to become Lawful Permanent Residents (LPR) or citizens.  The Obama administration established the Deferred Action for Childhood Arrivals program that enabled eligible youth the opportunity to remain in the United States under color of law until Congress considered opportunities for citizenship.    The Department of Justice recently announced it will rescind DACA eliminating the status that allowed such young adults to pursue education and employment.  Our institutions welcomed DREAMERS and have graduated many since its inception.  Many, such as the President of DePaul University, have issued statements opposing rescission and offering support to the DREAMERS as members of our communities.
In previous issues of Update, Gary Miller and Mariella Palacios discussed the importance of building a productive workplace community based on collaboration and dedication to a mission that reflects the values of the institution built through a recognition of the dignity of each individual.  They noted that Catholic Social Thought (CST), while sustaining their point, merged the workplace and the greater community.  Miller cited Centesimus Annus highlighting that each of us works for the needs of our families, community, nation, and “ultimately all humanity.” (Section 43).  If we seek to build ethical and productive workplaces, consistent with our mission, we cannot ignore the greater community. 
As we gather for another academic year, we must address the tragedies of the greater community that will be brought to our campuses.  As the DREAMERS return to our campuses fearing loss of work authorization and facing deportation, our academic community confronts even greater challenges given new immigration enforcement policies.  Bishop Joe S. Vásquez, Chair of the USCCB Committee on Migration, warned last February that two new Department of Homeland Security (DHS) policies threatened our communities.  Although almost ten million persons reside here without authorized immigration status, most experts agree that DHS has the infrastructure to deport about 400,000 persons each year.  Thus, as a matter of effective law enforcement, the Obama administration established enforcement priorities that focused on persons previously deported or those with criminal convictions.  DHS eliminated those previous priorities placing anyone out of status at risk of deportation.  Bishop Vásquez also challenged the policy that expanded the relationship between federal immigration authorities and local law enforcement.  Bishop Vásquez wrote that these new policies “will harm public safety rather than enhance it”  and will “needlessly separate families, upend peaceful communities, endanger the lives and safety of the most vulnerable among us, breakdown the trust that currently exists between many police departments and immigrant communities, and sow great fear in those communities.” 
Those sown seeds of fear have now germinated.  One news story of a deported person may cause a moment of sympathy, but one needs to view the cumulative impact of the many ways Immigration and Customs Enforcement (ICE)’s tactics disrupt our communities by infiltrating our homes, cars, parishes and community places where we gather.   This new enforcement regime has threatened not just unauthorized persons, but the many citizens and LPRs that constitute their families, parishes, and communities.  Our students, staff, and faculty live within complex family relationships of citizens, LPRs, unauthorized persons, asylum applicants, and others seeking diverse immigration remedies.  Most Catholic institutions proclaim their mission of welcoming immigrants and educating first generation children as they have built their campuses in immigrant neighborhoods. The tension and fear produced by enhanced enforcement policies leaves no one untouched. 
            ICE’s abandonment of enforcement priorities targets not just the ten million, but all those connected by bonds of family and neighbors.  When ICE enters homes or approaches churches and seizes unauthorized persons and citizens suspected of being unauthorized, it casts a blanket of fear throughout our communities.  When some of those family and community members attend our institutions, they bring that fear and heartache with them.
            In the name of law and order, ICE’s tactics spread disorder and dis-ease.  Pastors and lay leaders are seized and removed from parishes.   Mothers and children are detained in private for-profit prisons, enriching corporations by limiting health care and proper nutrition for detainees.  Excessively high bonds generate vacancies in our communities and parishes as loved ones remain detained. Private detention facilities, often built far from legal resources, exacerbate the ability of detainees to obtain legal representation. 
            At the height of the Cold War, we heard stories that communist countries often turned children against their parents which led to prison for parents who refused to conform.  We were taught that the United States was different.  Today, ICE detains arriving minors to lure their parents to detention and deportation.  Technology developed to counter international terrorism has now been turned to domestic surveillance.
As Bishop Vásquez warned, police departments that cooperate with ICE construct barriers to victims of crime who believe local police will detain them or other family members.  Judges have requested ICE to refrain from detaining people at courthouses.  The bonds of our democracy demand that not just litigants, but witnesses, jury members, and interested parties freely gather at our courthouses, but if ICE agents detain persons near courthouses, many will refrain from attending, abdicating important rights or precluding diverse juries of our peers.  In California, ICE has tainted labor law proceedings designed to vindicate worker rights to wages or other benefits when agents arrived at proceedings to investigate workers and their families.    Famous summer events such as racing at Saratoga Springs finds some workers, even those with proper authorization, deciding to forgo employment if ICE targets backstretch areas.
Many states have also legislated anti-immigrant laws that focus on driver licenses, rental properties, or health care.  Some studies have revealed the cascading negative impact of these laws, initially intended against the unauthorized have increased discrimination of LPRs and citizens.  These state laws combined with enhanced ICE enforcement spills beyond the intended targets exacerbating health problems that spread far beyond the unauthorized, weakening our communities. 
            Some will argue that the unauthorized have a right to a legal proceeding to determine their status or remedy, alleging that our system of laws will protect them from overzealous enforcement.  Yet, the enhanced detention and enforcement has overwhelmed the immigration court system.  One critic has suggested that “the deportation system verges on lawlessness” with its excessive backlogs and the “state of chaos negatively impacts all involved.”   Immigration Judge Dana Leigh Marks bemoaned the lack of resources in court proceedings stating, “we do death penalty cases in a traffic court setting.”   Moreover, new border inspection procedures have barred bona fide asylum applicants from even getting to present their cases in court.
            And now, an additional 800,000 DREAMERS face the end of DACA.  Almost half of the DREAMERS attend universities. Many more are attending high schools or community colleges or GRE classes preparing for college.  DREAMERs throughout the land live with thousands of family members within parishes or communities that will be hurt by their detention and deportation. 
            Our nation has known times when anti-immigrant hysteria has led to similar attacks that the foreign-born did not belong in this nation.   In the mid-nineteenth century, the Know Nothing movement fostered anti-immigrant and anti-Roman Catholic fever.  Abraham Lincoln, however, observed that by 1858 immigrants constituted almost half of the nation’s population.  Though these newcomers knew not the Founders who had observed the self-evident truth that all are created equal, Lincoln argued it was not birth here or even ability to trace one’s genealogy back to the Founders, but rather the link to “the electric cord in the Declaration” of equality that binds us in community. 
            The DREAMERS and their families have demonstrated a belief in that cord of democracy by following our laws, participating in our communities, and seeking education to enhance themselves and improve their communities.  Almost all participants across the political spectrum acknowledge that our immigration laws are broken.  It strains credibility to defend DACA rescission as upholding our laws when the broken immigration system improperly detains and deports people.  Enhanced enforcement with its random disruption of communities, fractures neighborhoods, weakens parishes, and further eviscerates a claim that DREAMERS must be deported to maintain law and order.  
Our nation still struggles with its goal of equality.  Lincoln’s moral sentiment of equality provides a civic language comparable to CST’s human dignity.  Equality’s self-evidence is revealed through human dignity.  It is not just the DREAMERS, but many of our staff and faculty come from communities that deal with the daily consequences of these new policies that deny equality.  Rescission and enhanced enforcement hurt all of us.  To continue to build the academic community of equality and dignity, we must support not just DREAMERS, but their families and neighbors—for they are our families and neighbors.  They constitute our community.  We who believe that community enables us to fulfill our mission must oppose these policies that break the bonds of community.[1]



[1] Gary Miller’s Update column, “Community as the Foundation of a Healthy Workplace Culture,” Association of Catholic Colleges and Universities Update Newsletter, Fall 2016, can be found at:  http://www.accunet.org/Portals/70/UpdateNewsletter/Update-Fall2016.pdf?ver=2017-06-15-110726-317See also, Gary Miller and Mariella Palacios, “Building an Intentional Workplace Culture on the Identity of Community,” Association of Catholic Colleges and Universities Update Newsletter, Summer 2017, can be found at: http://www.accunet.org/Portals/70/UpdateNewsletter/Update-Summer-2017.pdf#page=11
Bishop Vásquez’ letter can be found at:  https://justiceforimmigrants.org/statements/u-s-bishops-chair-migration-responds-dhs-memoranda-immigration-enforcement-border-security/
For a more thorough discussion of the complexity of immigrant status in family relationships, see generally, Marie Friedmann Marquardt et al, Living “Illegal,” The Human Face of Unauthorized Immigration, (The New Press, 2011). For additional information on the consequences of linking federal immigration enforcement to local law enforcement, see Craig B. Mousin,  A Clear View from the Prairie: Harold Washington and the People of Illinois Respond to Federal Encroachment of Human Rights,29 S. Ill. L. J. 285 (Fall, 2004/Winter, 2005) at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2997657

President of DePaul University, Dr. A. Gabriel Esteban’s statement on DACA can be found at: https://resources.depaul.edu/newsroom/news/press-releases/Pages/statement-from-university-president-on-DACA.aspx Over 600 college and university presidents have shown support for DACA students https://www.pomona.edu/news/2016/11/21-college-university-presidents-call-us-uphold-and-continue-daca See also Shireen Korkzan, “Despite Catholic Campus Support, DACA Students Fear Deportation,” National Catholic Reporter, Feb. 23, 2017, https://www.ncronline.org/news/justice/despite-catholic-campus-support-daca-students-fear-deportation
For more information on private detention, see September 1, 2017 #1736 - The Strange Death of José de Jesús (Parts 1 & 2), Podcasts 1736 and 1737, at http://www.npr.org/podcasts/510016/latino-usa  Information on the targeting of children can be found at:  The Young Center, “DHS Targeting Parents and Relatives of Newly-Arrived Children,” at http://theyoungcenter.org/stories/dhs-targeting-parents-and-relatives-of-newly-arrived-children/
Two studies that discuss some of the health consequences of the current immigration climate are:  Joanna Almeida, et al., “The Association Between Anti-Immigrant Policies and Perceived Discrimination Among Latinos in the US: A Multilevel Analysis,” SSM Population Health Journal, Vol 2, December 2016, pages 897-903, https://doi.org/10.1016/j.ssmph.2016.11.003 and Morgan Philbin, et al., “State-Level Immigration and Immigrant-Focused Policies as Drivers of Latino Health Disparities in the United States,” Social Science & Medicine, April 7, 2017, https://doi.org/10.1016/j.socscimed.2017.04.007
For information on ICE activity in Saratoga Springs, see Corey Kilgannon, “Far from the Winner’s Circle, Saratoga Track Workers Fear Deportation,” New York Times. August 22, 2017, https://www.nytimes.com/2017/08/22/nyregion/far-from-winners-circle-saratoga-track-workers-fear-deportation.html?emc=eta1
University of Texas Clinical Law Professor Denise Gilman claimed, “The deportation system verges on lawlessness.”  https://www.theguardian.com/commentisfree/2017/aug/23/immigration-crisis-us-deportation-system-lawlessness-trump-administration
Immigration Judge Dana Leigh Marks, the President of the National Association of Immigration Judges quote can be heard at: https://www.theguardian.com/commentisfree/2017/aug/23/immigration-crisis-us-deportation-system-lawlessness-trump-administration
The Abraham Lincoln quote can be found in his “July 10, 1858 speech at Chicago”.  The Speeches of Abraham Lincoln, Including Inaugurals and Proclamations, (Lincoln Centenary Association, N.Y., 1908), pp.72-4.


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Friday, September 8, 2017

Announcement: Mariella Palacios to Serve on National Hispanic Initiative Taskforce



We are very pleased to announce that Mariella Palacios, co-author of a recent column in this blog on community and outreach and DePaul University's Diversity & Sourcing Consultant, has been appointed to the Hispanic Initiative Taskforce, a working group of the Association of Catholic Colleges and Universities in Washington D.C.

Mariella's Column on Community and Outreach ... https://www.blogger.com/blogger.g?blogID=1349939415953600390#editor/target=post;postID=8188102226851911263;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=1;src=postname