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Securing Our Borders: Post 9/11 Scapegoating of Immigrants

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Securing Our Borders: Post 9/11 Scapegoating of Immigrants COVER 3 5 4/21/05 9:11 AM Page 1 SECURING OUR BORDERS: SECURING OUR BORDERS: POST 9/11 SCAPEGOATING OF IMMIGRANTS SCAPEGOATING POST 9/11 POST 9/11 SCAPEGOATING OF IMMIGRANTS SCAPEGOATING POST 9/11 FiAC# FLORIDA Prepared by IMMIGRANT Cheryl Little and Kathie Klarreich FIAC FIAC ADVOCACY CENTER April 2005 FIAC Securing Our Borders: Post 9/11 Scapegoating of Immigrants Table of Contents I Executive Summary . 1 II Persons Fleeing Persecution A. Introduction . 13 B. Electric Monitoring Devices . 15 C. Criminal Prosecution of Asylum Seekers Arriving with False Documents . 23 D. Haitian Asylum Seekers . 28 III Multiple Ways Police Are Doing Immigration Work A. Introduction . 47 B. Florida Department of Law Enforcement Pilot Program . 50 C. Police Cooperation with Immigration Authorities . 54 IV The Impact of Federal Agents Taking People Into Custody A. Introduction . 65 B. Operation Endgame . 68 C. Operation Compliance . 76 D. Operation Tarmac . 77 E. Judicial Intervention . 78 V Driver’s Licenses . 83 VI South Asian, Muslim and Arab Immigrants A. Introduction . 97 B. Secret Hearings . 100 C. Treatment of South Asian, Muslim and Arab Asylum Seekers . 103 D. Roundups . 109 E. Special Registration . 115 F. Impact on Students . 120 G. Discrimination . 121 VII Conclusions and Recommendations . 135 v FIAC Securing Our Borders: Post 9/11 Scapegoating of Immigrants Executive Summary I Executive Summary “Many undocumented workers have walked mile after mile, through the heat of the day and the cold of the night.... Workers who seek only to earn a living end up in the shadows of American life—fearful, often abused and exploited. America is a stronger and better nation because of the hard work and the faith and entrepreneurial spirit of immigrants.” President George W. Bush January 2004 or more than two centuries, the United rights of all immigrants. FIAC offers direct States has provided shelter and refuge to legal representation in immigration and public F countless victims of persecution, giving benefits law, and also engages in impact hope to millions of people who have had advocacy to address broad patterns of abuse. nowhere else to turn. But in the aftermath of For the general public, “Securing Our September 11, 2001, our government has Borders” is a valuable educational tool that reversed this proud tradition, sending waves of illustrates the degree to which our anti- fear over those in need of protection and terrorism measures are counter-intuitive. For shocking those who cherish the principles advocates, lawmakers and other concerned upon which our country was founded. individuals who can lobby for change, this “Securing Our Borders: Post- report provides a comprehensive 9/11 Scapegoating of Immigrants,” look at policies and practices that demonstrates the extent to which “[Immigration officials need improvement. Moreover, it our post 9/11 policies are mis- have] been given far provides a platform for thousands aligned, how they have driven us too many mandates in of immigrants who have been further from our goal of providing unable to speak for themselves. too short a period of national security and how severely Besides offering specific examples they have impacted our commu- time without a lot of the devastating impact of our nity. Individually, each new policy of resources to do it policies on individuals and the and/or law that the Bush admini- and without a real community, this report also stration applied with the intent strategic vision for offers recommendations and of strengthening our borders, how immigration suggestions for policy changes to controlling the immigration enforcement and ensure that our safety and our flow and improving our databases basic civil rights remains intact. anti-terrorism should is having a devastating effect; As a response to the collectively their force is really work together unprecedented horror of overwhelming. effectively.” September 11, 2001, and in This report is produced by Doris Meissner, former keeping with the tradition of Florida Immigrant Advocacy INS Commissioner, protecting our nation and its Center (FIAC), a non-profit legal February 2003 citizens, our government has firm that advocates for the human tightened existing laws and 1 FIAC Securing Our Borders: Post 9/11 Scapegoating of Immigrants Executive Summary implemented a series of new securing safe haven. Florida’s ones to make certain that such a “Miami is often the test Haitian population, in particular, tragedy never happens again. But case for the rest of the was severely impacted when the in so doing, it has also eroded federal government secretly some of the core principles that country when it comes changed its policy to keep Haitian provide the foundation for our to immigration and asylum seekers who arrived in democracy and way of life. “It is refugee policies, and Florida in detention for purposes during our most challenging and often what we see of “national security.” And, if uncertain moments that our beginning in Miami asylum seekers arrive with false Nation’s commitment to due spreads to the rest of documents, the U.S. Attorney’s process is most severely tested,” the country.” offices in South Florida prosecute, said Justice Sandra Day O’Connor. (jeopardizing their ability to gain “It would indeed be ironic if, in Wendy Young, Director of asylum) so that even those who Government Relations and the name of national defense, we U.S. Programs, Women’s eventually receive asylum have a would sanction the subversion Commission for Refugee criminal record. Miami was also of one of those liberties which Women and Children, one of three cities nationwide to make the defense of the nation August 2003 implement a pilot program of worthwhile.”4 using electronic monitoring President Bush’s War on Terror devices for asylum seekers. It has transgressed into a War on Immigrants, also implemented and then modified, by including those asylum seekers fleeing terror. putting on hold, another pilot program, Nowhere is this criminalization of immigrants Operation Compliance. This program assigns felt more acutely than in Florida, home to the officers to immigration courts and asylum nation’s third highest immigration population. offices, with the express role of promptly Florida is the nation’s testing ground for arresting people who emerge from court after anti-immigrant measures and enforcement losing their civil cases and before they can ideas; much of what happens in Florida has a begin an appeals process. rippling effect nationally. Florida was at the After September 11, Middle Eastern forefront in enacting post 9/11 anti-immigrant detainees around the country, including those measures and was the first state to deputize in Florida, were also subjected to round-ups, police to act as immigration officials. Florida special registrations and secret hearings, in changed the procedure for its citizens to addition to prolonged detention at facilities acquire driver’s licenses, unduly punishing even like the federally run Krome Service Processing those immigrants with legal and valid visas. Center in southwest Miami-Dade County. Immigrants, mainly from Central and South Additionally, a bill repeatedly introduced in the America and the Caribbean, found themselves Florida Legislature in each of the past three affected by deliberate and random round-ups years—that has failed to pass—would disallow by police, who turned them over to state scholarship and financial aid for all non- immigration authorities. Immigrants and resident university students from countries advocates in Florida also complain about suspected of harboring terrorists. increased sweeps by Border Patrol agents, who These policies have done nothing to they claim engage in racial profiling. What’s advance the War on Terror. They have not more, a Florida Senate panel endorsed a yielded a single terrorist in Florida. But they proposal to make it far more difficult for non- have distressed and unsettled the lives of citizens to get married. hundreds of thousands of hard-working, Asylum seekers across the country, but honest immigrants—immigrants who are our specifically in Florida, now find themselves friends, our physicians, teachers, gardeners and entangled in a web of laws, both new and favorite performers. Furthermore, these ill- reformed, which greatly reduces their chance of conceived policies have increased some 2 FIAC Securing Our Borders: Post 9/11 Scapegoating of Immigrants Executive Summary people’s suspicion of authority and driven evidence without final charges in deportations, them further underground, which in turn called for the expedited removal and manda- hinders, rather than bolsters, national security. tory detention of innocent asylum seekers Various government officials believe that arriving at ports-of-entry like Miami (except these reforms may be threatening our security. Cubans), mandated the detention and Vincent Cannistraro, former head of counter- deportation of non-citizens with even very terrorism at the CIA, said: “The idea that you old minor criminal convictions (that were only stigmatize whole classes of people and profile misdemeanors at the time and not grounds them because you think it’s going to prevent for deportation), restricted immigrants’ access the next terrorist attack is exactly the wrong to counsel, and barred them from appealing way to go about it.”5 Then Department of to the courts.10 Homeland Security Undersecretary, Asa Following the implementation of these Hutchinson testified in August 2004 that laws, the number of persons
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