New Destinations & Hispanic Immigrants: Promoting Inclusive Policies Together, Americas Society and Council of the Americas (AS/COA) unite opinion leaders to exchange ideas and create solutions to the challenges of the Americas today.

The Americas Society (AS), the recipient of a grant from the Rockefeller Foundation to produce this compendium, is the premier forum dedicated to education, debate and dialogue in the Americas. Its mission is to foster an understanding of the contemporary political, social and economic issues confronting the Americas, and to increase public awareness and appreciation of the diverse cultural heritage of the Americas and the importance of the inter-American relationship.

The Council of the Americas (COA), affiliate organization to AS, is the premier international business organization whose members share a common commitment to economic and social development, open markets, the rule of law, and democracy throughout the Western Hemisphere. The council’s membership consists of leading international companies representing a broad spectrum of sectors including banking and finance, consulting services, consumer products, energy and mining, manufacturing, media, technology, and transportation.

For further information about AS and COA, please write to AS/COA at

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The Americas Society is a tax-exempt public charity described in 501(c)(3) and 509(a)(1) of the Internal Revenue Code of 1986.

The Council of the Americas is a tax-exempt business league under 501(c)(6) of the Internal Revenue Code of 1986, and as such, actively pursues lobbying activities to advance its purpose and the interests of its members. Foreword

n the United States and across the cil—comprising companies at the fore- hemisphere, countries have long front of integration efforts—anchors struggled with how to respond the initiative and provides guidance and to waves of immigrants and inte- models of integration best practices. grate them into society. This is par- Since 2007, AS has spearheaded primary Iticularly true in the U.S., where failed and secondary research of best practices national attempts at comprehensive immi- to promote integration in the following gration reform have opened the door for new gateway cities: Atlanta, Georgia; Nash- state and local policymakers to choose ville, Tennessee; New Orleans, Louisiana; between policies that welcome immi- Omaha, Nebraska; and Portland, Oregon. In grants and policies aimed at discourag- each city, AS conducted multiple site vis- ing their settlement in new communities. its, built networks of public, private and With this in mind, Americas Society (AS), community leaders, held public and pri- with support from the Rockefeller Founda- vate programs to further integration efforts tion, promotes dialogue and information and improve the overall welcoming envi- sharing among the private sector, public ronment for immigrants, and released sector and community groups to advance city-specific white papers. The AS has also Latino integration in the U.S., with a focus brought attention to the efforts in these cit- on the immigrant population. The AS His- ies through national-level forums on Capitol panic Integration Initiative, leveraging the Hill with U.S. senators and representatives. relationship with its affiliate organization In these times of critical debate on immi- Council of the Americas (COA), supports gration legislation and the backlash against the further integration of immigrant work- immigrants, AS/COA believe that greater ers into businesses and local communities integration and appreciation for immigrants while creating a more mobilized and visi- and their contributions to society will ulti- ble business sector with regard to issues of mately help advance immigration reform. immigrant integration. Achieving greater For that reason, AS is releasing this com- overall integration of Hispanic immigrants pendium of immigration-related articles, and Latinos into American society is a pub- most of which originally appeared in some lic policy imperative that will bring benefits form in Americas Quarterly (AQ). Only with for society and the corporate bottom line. a greater understanding of the present-day The AS/COA work both nationally struggles and contributions of immigrants and in what are referred to as new gate- can individuals and policymakers deter- way cities to highlight and build on pri- mine how to foster a welcoming, inclusive vate-sector efforts to facilitate Hispanic environment that draws on the many tal- integration, while building greater pub- ents that Latinos bring to new communities. lic recognition of Latinos’ socioeconomic contributions. A national business coun- —May 2011

Jason Marczak, AS/COA director of policy and AQ senior editor, leads the Immigration and Integration Initiative. Christopher Sabatini, AS/COA senior director of policy and AQ editor-in-chief, conceptualizes various aspects of the project. Alexandra Délano, assistant professor at The New School University, is the senior researcher for this project, and Richard André, AS/COA policy associate, supports our immigration and integration activities.

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 1 Table of Contents

Introduction 5 Jason Marczak and Richard André

Immigrants and America’s Future 8 Hilda L. Solis

Immigration and Integration: The Role of the Private Sector 11 Alexandra Délano and Jason Marczak

What’s Next for the Dreamers? 15 Daniel Altschuler

The War on Immigrants: 19 Stories from the Front Lines Cheryl Little

23 Argentina’s Migration Solution Gastón Chillier and Ernesto Semán

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 3 Introduction

By Jason Marczak & Richard André

he failure to pass the Compre- of immigrants. But at the same time, the hensive Immigration Reform 2010 U.S. Census shows that over the last Act in June 2007 triggered decade the Latino population grew sig- four years of increasingly con- nificantly in new destinations such as tentious policies aimed at South Carolina (148 percent increase), Ala- Timmigrants in the United States. Select pol- bama (145 percent) and Tennessee (134 per- iticians and media outlets capitalized on cent). This contributes to the climate of fear the progressively divisive debate to stoke witnessed in parts of the United States. their supporters’ anxieties of how immi- These new immigrant gateway states are grants would continue to change commu- the battlegrounds for educating the pub- nities, especially those in new gateway lic that today’s immigrants are not any dif- destinations unaccustomed to the chang- ferent from them, their parents or their ing demographics brought by immigration. grandparents—who are also likely to be The U.S. is a nation of immigrants, but immigrants. The main region of origin has throughout history its citizens have con- shifted over the generations (from Europe veniently forgotten these origins. In fact, to Latin America), but the overwhelming immigration levels today pale in compari- majority of immigrants still come to the son to those from 1860 to 1920, where at its United States in search of a better life for peak in 1890, the foreign-born population as themselves and their families. And, contrary a percentage of the U.S. population exceeded to stereotypes, the foreign born contribute that of today by 7.4 percent (12.5 percent in to local and national economies working 2009 versus 19.9 percent in 1890). Then, just in professions ranging from construction as today, economic insecurity brought with to health care to information technology. it fears of immigration, and immigrants In fact, the U.S. is part of an immigrant became scapegoats during difficult times. hemisphere. Nicaraguans cross the border But a key difference between the immi- to Costa Rica. Haitians seek opportunity grants of the past and those of today is in the Dominican Republic. Paraguayans their settlement patterns. Traditional gate- and Bolivians resettle in Argentina, as had way states like New York, California, Texas, the Italians a century earlier. The point is and Illinois continue to receive the bulk that challenges of immigrant integration

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 5 Introduction

in the U.S. are not unique among our hemi- services without paying taxes. U.S. Labor spheric neighbors. But what is unique is the Secretary Hilda L. Solis, in her article “Immi- patchwork of immigration legislation that is grants and America’s Future” (p. 8), refutes steadily being developed across the country. this argument, asserting instead that our Since 2007, Americas Society and Coun- strong immigrant workforce is vital to cil of the Americas have witnessed firsthand U.S. competitiveness in a global market. the struggles and successes of medium- The secretary warns, however, that to pro- size cities adjusting to their growing immi- vide opportunities and to truly tap into grant and overall Latino populations. Local the potential of this growing population— responses to demographic changes vary, which includes youth—the U.S. must rec- but the cities that most rapidly integrate ognize the contributions of immigrants their immigrant and overall Latino pop- and fix the broken immigration system. ulations are those that are best placed to Though Secretary Solis advocates for avoid reactionary politics and instead con- national immigration reform and more pro- centrate on building progressive, cross-sec- gressive attitudes toward immigration in the tor initiatives that address immigrants’ U.S., the chances of comprehensive reform most pressing needs—including English- are uncertain ahead of the 2012 presidential election. In lieu of federal legislation on the issue, the private sector has stepped in to fill the void by promoting integration through Over the last decade, the workplace programs. The article “Immigra- tion and Integration: The Role of the Private Latino population grew Sector” (p. 11) by Alexandra Délano and Jason Marczak shows how companies that invest significantly in new in the professional development of their immigrant or Latino employees—through destinations. This is what classes in financial literacy and English as a second language or by providing health contributes to the climate care—develop a more qualified, loyal work- force. Délano and Marczak join Secretary of fear in parts of the U.S. Solis in recognizing immigrants’ economic contributions and noting how their socio- economic mobility will ultimately make language acquisition and financial liter- the U.S. economy more competitive. acy—while fostering the development of Daniel Altschuler takes a youth perspec- new businesses that are inevitably cre- tive toward the debate on immigration leg- ated. For example, according to a Novem- islation and immigrants’ pursuit of the ber 2008 study issued under the auspices of American Dream with his article “What’s the Small Business Administration, immi- Next for the Dreamers?” (p. 15). The Devel- grants are almost 30 percent more likely to opment, Relief, and Education for Alien launch a business than nonimmigrants. Minors (DREAM) Act would create a path This compendium of articles—largely con- to citizenship for 2 million undocumented sisting of stories that appeared in some form youth through military service or two years in Americas Quarterly—seeks to address of university study. Altschuler echoes Sec- the complexity of immigration. The arti- retary Solis’ call to invest in our immi- cles present a multifaceted picture of what grant youth, who will continue to play a immigrants, policymakers and the gen- key role in the U.S. workforce in the com- eral public face when trying to devise an ing years, especially as baby boomers retire. approach to immigration that responds to Until legislation like DREAM passes at a the interests and needs of actors across soci- federal level, millions of young, undoc- ety. Each article offers a unique focus on umented immigrants—many of whom different Hispanic immigrant groups, geo- have spent their entire lives in the U.S.— graphic locations and personal experiences. will continue to face the threat of depor- The anti-immigrant argument that reso- tation and be denied the educational and nates most with Americans is the economic employment opportunities they deserve. argument—that immigrants, particularly Not only have comprehensive immi- the undocumented population, take jobs gration reform and progressive laws like away from Americans and abuse social DREAM failed to pass, but punitive anti-

6 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES Introduction

immigrant legislation and practices have tón Chillier and Ernesto Semán profile gained traction across the United States. Ari- Argentina’s progressive model of immigra- zona’s SB 1070, for example, is predicated on tion reform in “Argentina’s Migration Solu- the same misguided economic arguments tion” (p. 23). Argentina’s Law 25.871 affirms that Solis and Délano and Marczak debunk that migration is an inalienable individ- in their respective articles. Anti-immigration ual right, and that the Argentine Republic practices and deportations take a huge toll is committed to pursuing the path to citi- on immigrant communities and families, zenship for foreigners. Chillier and Semán argues Cheryl Little in “The War on Immi- make the point that the lessons from Argen- grants: Stories from the Front Lines” (p. 19). tina’s experience in developing and imple- While the U.S. Immigration and Customs menting this law go beyond its borders. Enforcement (ICE) is tasked with detaining Unfortunately immigration reform is and deporting undocumented immigrants, not as easy as transplanting Argentina’s this responsibility is increasingly falling law to the United States—there are a under the jurisdiction of local law enforce- myriad of political and social nuances ment. Little argues that the U.S. must reverse that make Law 25.871 specific to Argentina. this trend, and instead push for legislation Yet the benefits of an immigration that treats immigrants humanely, strength- policy that provides social rights ens our economy and ensures that law while strengthening the economy and enforcement focuses on fighting real threats. promoting security are undeniable. And Pro-immigrant advocates have been push- while comprehensive reform in the ing for immigration and the pursuit of U.S. may be years away, leaders from all opportunity to be viewed as a human right, sectors, whether politicians, supporters not a matter of green cards or border secu- of the DREAM Act or businesspeople, are rity. This idea has an audience in coun- fighting so that immigrants can achieve tries across the Americas that grapple with what they came to this country to the complexities of immigration, and Gas- achieve—to live the American Dream.

Jason Marczak is director of policy at Americas Society and Council of the Americas and senior editor of Americas Quarterly. Richard André is a policy associate at the Americas Society and Council of the Americas and associate production editor of Americas Quarterly.

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 7 Immigrants and America’s Future

It’s time to put divisive and polarizing rhetoric aside and focus on solutions in the immigration debate.

By Hilda L. Solis

he formal name of the Statue in our nation has grown increasingly polar- of Liberty, which has greeted ized and heated. This need not be so. visitors sailing into New York Immigration continues to bring count- harbor since 1886, is Liberty less benefits to our nation, even with an Enlightening the World. A immigration system in need of reform. But Tbronze tablet inside the statue’s pedestal dis- if America is to win the future, we have to plays a poem by Emma Lazarus that reads, restore responsibility and accountability to in part, “Give me your tired, your poor/ our broken system. We must also strengthen Your huddled masses yearning to breathe our nation’s economic competitiveness by free/The wretched refuse of your teeming creating a legal framework that meets our shore.” Those words have welcomed gener- diverse needs for the twenty-first century. ations of immigrants to the United States. The numbers paint a vivid picture of Countless families across the U.S. can immigrants’ contributions to our economy. trace their heritage to immigrants—many Foreign-born workers represent 15 percent of whom arrived under the shadow of the of the nation’s labor force. Of these workers, Statue of Liberty. But wherever they come 54 percent are 25 to 44 years old. By compar- from, immigrants make the trek to the ison, the average age of a U.S.-born worker United States for the same reason: to make is 42. The aging of the U.S.-born popula- a better life for themselves and their chil- tion and its birth rate make clear that Amer- dren. These “new Americans” became the ica’s workforce can be replenished only by building blocks of our nation’s commu- immigration. In fact, through 2050, immi- nities. And the succeeding generations grants and their children will account for continue to make our nation prosper- 60 percent of population growth in the ous and keep our great cities thriving. U.S., and nearly all of the new additions It was generations of immigrants that under the age of 65 will be immigrants. built our nation, and by working construc- Immigrants work in all types of occupa- tively to fix our broken immigration sys- tions. They are teachers, scientists, engi- tem, we can lay the economic foundation neers, and construction workers. They play that America needs to win the future. Unfor- a valuable role in our communities and our tunately the debate over immigrants’ role economy—as neighbors, friends and fam-

8 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES Immigrants and America’s Future

ily members. They sustain crucial lower-skill ders, dismantle human trafficking groups, industries such as agriculture, fruit and veg- and set clear rules and priorities for future etable processing, apparel manufacturing, immigration that level the playing field leather and leather products manufactur- for American workers and employers. ing, and meatpacking. Immigrant work- ers are revitalizing rural areas with ties to INVESTING IN OUR YOUTH these sectors by fueling population growth. he immigration-related policies that The immigrant population also pumps the Obama Administration is advanc- up job growth by spurring the creation of Ting to achieve its aims are reflected new businesses to serve them as consumers. in President Obama’s fiscal year 2012 bud- One figure shows how critical this growth get. For example, to foster student devel- is to America’s future economic security: opment, the President has called for $1.2 over the next 75 years, documented immi- billion for Hispanic-Serving Institutions grants are expected to provide a net bene- and a $150 million investment in a new fit of approximately $611 billion in current initiative to increase college access and value to the U.S. Social Security system. completion and improve educational pro- But immigrants are professionals, too. ductivity. These actions—which will ben- Census data show that roughly one in eight efit all students—will help America restore immigrants has an advanced degree. That’s its international leadership in the number another fact often overlooked when assess- of college graduates, while supporting insti- ing the value of immigration to America’s tutions that produce a large share of math- global competitiveness. Immigrants account and science-oriented minority students. for 28 percent of doctoral degrees awarded The budget also proposes $146 billion for in all fields, and over 40 percent of doctoral research and development and maintains degrees awarded in science and technology. current funding levels for science, tech- Entrepreneurship is also critical to sus- nology, engineering, and math. Funding is taining America’s economic power. Today’s doubled for a comprehensive science and immigrant-entrepreneurs, like their pre- technology workforce program that brings decessors, play a key role. Immigrants graduates from historically underrepre- are credited with 24 percent of patents sented communities into these careers. and founded or cofounded over 25 per- Through these investments, we are work- cent of engineering and technology com- ing to make college more affordable, revi- panies in the U.S. between 1995 and 2005. talizing community colleges, connecting These statistics show how crucial immi- graduates to businesses that need their gration is to our national goals. As Presi- skills, and giving people with gaps in skills dent Obama stated, “Instead of just being the training to secure employment. a nation that buys what is made over- But we must also build from the ground seas, we can make things in America and up. That is why the President’s budget sup- sell them around the globe.” America has ports a competitive early learning chal- everything it needs to compete in today’s lenge fund to encourage states to improve global economy. Our nation is full of bold the quality of early childhood develop- entrepreneurs ready to develop new ideas. ment programs. High-quality learning pro- Our colleges and universities are the best grams serving migrant children must be in the world, and we have bright young supported so that these children can over- people—both U.S. and foreign born. come the unique challenges they face. Yet, to realize our full potential, we need These challenges stem from frequent moves policies that will ensure we win the global and the resulting changes in curriculum, competition for new jobs and industries. graduation requirements and academic This requires ensuring that our workforce achievement standards along with the bar- is the best trained and best skilled, and that riers that come from high poverty rates. our workplaces are safe and healthy. We And while many immigrants have need to ensure that the next Intel is created achieved high levels of education, many oth- in America and hires American workers. ers struggle to receive high school diplo- Winning the future and building a com- mas. English-language learners represent 10 petitive America demands an immigra- percent of our nation’s students in grades tion system that works. It must honor our K–12. Of them, nearly 4.7 million attend K–12 tradition as a nation of laws and a nation schools in areas of the country that have less of immigrants. It must secure our bor- experience serving these types of students.

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 9 Immigrants and America’s Future

Still others lack access to higher education. The ability of the company to enjoy high These students are integral to our twenty- profits on the backs of vulnerable work- first century economy. But a sad reality is ers is an abuse and affront to the law. In that many who have grown up as Ameri- enforcing labor and employment laws, the cans and pledge allegiance to the American department is combating a reliance on vul- flag live in daily fear of deportation. That is nerable workers while leveling the playing why the President supports enactment of field for law-abiding employers who follow the DREAM (Development, Relief, and Edu- the nation’s labor and employment laws. cation for Alien Minors) Act. Continued fail- We are also strengthening protec- ure to give these children an opportunity to tions for U.S. and foreign workers in non- fulfill their potential and to contribute to immigrant visa programs. Reforms to our economy harms them and, ultimately, the H-2A visa—a program for tempo- the economic prosperity of our nation. rary agricultural workers—increased The U.S. is one of the world’s most worker wages while providing greater open societies. Yet despite the unde- access to jobs for domestic workers. niable contributions of immigrants to These reforms will help make the agri- all walks of life, the debate about the culture industry a better place to work role of immigrants in our communities by ensuring that U.S. and foreign work- attracts increasingly heated rhetoric. ers receive equal wages and by provid- ing transparency through the creation IMMIGRANT INTEGRATION of a national electronic job registry. hrough civic, economic and linguistic They will also combat employment abuses integration efforts, we can more effec- by prohibiting employers from shifting to Ttively communicate and demonstrate workers the costs associated with recruit- the successes and contributions of every- ment, visas, border crossing, and other one in our communities. With this aim in fees mandated by the government. As a mind, the President proposed $20 million to result of these reforms, it will be possible promote citizenship through education and for those working hard on American soil preparation programs for new immigrants. to receive fair pay while at the same time These programs replicate the promis- expanding opportunities for U.S. workers. ing integration practices already used The H-2B visa program, which allows in communities across the country and employers to use foreign workers in areas expand innovative English-language where domestic workers are scarce, is also learning tools. For all communities, sub- being improved. Through these reforms stantial investments have been made the department is working to create a level to strengthen civil rights enforcement playing field in which employers can sus- against racial, ethnic, sexual orientation, tain and grow their businesses while ensur- religious, and gender discrimination. ing that domestic workers have access At the same time, this administra- to jobs and all workers are protected. tion takes very seriously its respon- Immigration is closely tied to our nation’s sibility to enforce immigration history. Each year, more immigrants take the laws and secure our borders. citizenship oath, committing themselves to Just as these laws are being enforced, so the future of our great country. We cannot too are we enforcing labor and employ- deny the instrumental role that both immi- ment laws. For example, last December grants and native-born Americans play in the Department of Labor recovered nearly winning the future. Through worker train- $160,000 in back wages owed to 110 gar- ing, education and integration, and enforce- ment workers in Los Angeles after it was ment and reform of the immigration system, found that the contractor, Joe’s Jeans, failed America can compete globally and continue to pay the minimum wage and overtime. to welcome immigrants with open arms.

Hilda L. Solis is the 25th secretary of labor and the first Latina to hold the position in U.S. history. This article appears in the Spring 2011 issue of Americas Quarterly.

10 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES Immigration & Integration: The Role of the Private Sector

With national immigration reform stalled, the business community is increasingly stepping in with initiatives that recognize the socioeconomic contributions of Hispanic immigrant workers and Latinos overall.

By Alexandra Délano & Jason Marczak

he 2010 U.S. Census underlined clear illustration of the anxieties and fears not only the dramatic growth that exist in many parts of the country.1 of the U.S. Hispanic popula- The most controversial bills focus tion but also its high mobil- on the estimated 10.8 million undocu- ity. In the last decade, data mented immigrants, approximately 62 per- Thave shown that the number of Hispanics cent of whom are from Mexico, 5 percent jumped by 43 percent—from 35.3 million from El Salvador, 4 percent from Guate- in 2000 to 50.5 million in 2010—with this mala, and 3 percent from Honduras.2 But group accounting for over half of the total as the debate about Arizona’s SB 1070 dem- U.S. population increase. Latinos also con- onstrated, these bills and the political cli- tinue to move to new destinations. Since mate to which they respond (and create) also 1990, the percentage of those living in the affect U.S. citizens of Hispanic ancestry. nine states with the historically highest con- According to a 2010 Pew Hispanic Center centrations of Hispanics shrank by 10 per- survey, 61 percent of Latinos—a 7 percent centage points to a total of 76 percent. increase from 2007—said that discrimi- The rise of the Hispanic population, nation is a “major problem” that hampers together with an immigrant population their socioeconomic mobility. The correla- estimated at 38.5 million (more than half tion between discrimination against His- of which is from Latin America), continues panics and the growing anti-immigrant to spark a variety of public policies and pri- environment is no coincidence.3 More- vate-sector responses. The most worrisome over, 34 percent of all Hispanics said they, a has been the explosion of anti-immigrant family member or a close friend had been bills in state legislatures, which lawmak- the victim of racial or ethnic bias in the ers claim to be a reaction to the absence past five years. Besides the obvious per- of nationwide comprehensive immigra- sonal implications, discrimination affects tion reform (CIR) and lack of enforcement. job prospects, educational opportuni- More than 6,600 immigration-related ties and overall community cohesion. bills were introduced at the state level Nevertheless, the anti-immigrant leg- between 2005 and 2010. Although only 838 islation has also triggered a constructive bills were enacted, this level of activity is a response from the private sector. Since 2007,

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 11 Immigration and Integration: The Role of the Private Sector

when proposed immigration reforms failed civic engagement, and health and wellness. in Congress, many medium- and large-size One example of the efforts of private-sec- businesses have spoken out about the socio- tor firms is the proliferation of programs economic contributions of immigrants and to improve language proficiency—a crucial increased their own programs to facilitate factor for socioeconomic mobility. Com- immigrants’ integration into U.S. society. panies such as The Norsan Group, Miller & Long Concrete Construction, Northrop PRIVATE SECTOR FILLS THE VOID Grumman Shipbuilding, Tyson Foods, s the U.S. population ages, the coun- McDonald’s USA, and American Apparel try’s future economic growth and offer on-site English courses before or after Acompetitiveness will depend on work, between shifts or on weekends. new entrants into the labor market, and Employees often balance a second job or those entrants will increasingly be for- other commitments with a desire to learn eign born or—given recent data on fertil- the language. Thus, the most successful pro- ity rates—Hispanic. These populations are grams work collaboratively with employ- already making vast contributions to their ees to determine the best time for classes. communities. Supporting their integra- In research conducted nationwide and in tion can only enhance these contributions. select new gateway cities, we also found CIR and other legislation—whether pro- that incentives such as a certificate or pro- gressive state or local policies or laws that motional opportunities encourage course overturn regressive, anti-immigrant pol- completion and reward good performance. icies—can provide a critical opening for For example, Roslyn Dickerson, regional steering the national immigration debate senior vice-president of Americas corpo- from reforming the U.S. immigration sys- rate and public affairs at InterContinental tem to maximizing immigrants’ socioeco- Hotels Group, explains that the com- nomic contributions. However, legislative pany helps its workforce to develop per- reforms—even if they include provisions sonally and professionally. Employees are for increasing funding for integration pro- given help in moving up the career lad- grams—are only part of the answer. der through courses in English or, in some That’s why U.S. businesses are stepping in cases, attaining citizenship. Not only does to fill the void. Many corporate leaders are integration develop talent internally but recognizing that employer-led integration it also makes the hotel a place “where peo- efforts carry important social and business ple like to come to work,” which, Dick- benefits—from new promotional opportu- erson notes, strengthens the company’s nities that enhance worker retention and image and builds its customer base. productivity to positive brand association Similarly, financial institutions with a that boosts consumption and profits. Across large current and prospective Hispanic cus- the country, private-sector firms are pro- tomer base have introduced programs to moting integration through employer-led increase individual and household socio- programs and through initiatives involv- economic well-being. Wells Fargo, Bank ing partnerships between companies, com- of America, JPMorgan Chase & Co., and munity groups and/or local governments to HSBC Bank USA are among firms pro- develop programs that focus on language viding information about their prod- instruction, skills training, financial literacy, ucts at consulates while offering special assistance to customers to facilitate access to credit and savings accounts. Local and national banks and credit As the U.S. population ages, unions also collaborate with community groups to offer financial literacy and home the country’s future economic ownership programs. This helps Hispanics build confidence in using financial institu- growth will depend on tions—a necessary goal given that 19.3 per- cent of Hispanic households are unbanked new entrants into the labor and 24 percent are underbanked.4 Beyond promoting saving and investment, finan- market, who will increasingly cial literacy boosts community safety by encouraging individuals to deposit be foreign born or Hispanic. cash instead of carrying it with them.

12 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES Immigration and Integration: The Role of the Private Sector

Education and skills development ing participation in the 2010 U.S. Census by courses help workers move up in a com- presenting the message that being counted pany and also allow employers to pro- is the first step to being an active commu- mote internally, which retains talent nity participant. Similarly, Latino empow- and saves recruiting costs. “If we invest erment efforts are carried out through voter in team members, they are likely to be registration campaigns, especially during devoted to our company,” says Gary Den- presidential election years. Providing infor- ton, manager of human resources at the mation about citizenship and voting rights Tyson Foods plant in Goodlettsville, Ten- facilitates political participation among His- nessee. “We retain them, and they’re our panics, while also reinforcing immigrants’ future supervisors.” This approach is also desire and commitment to root themselves being taken in companies such as West- in the fabric of their local communities. ern Union and State Farm Insurance. Business involvement in these efforts allows companies to reach out to Latinos in new INNOVATIVE APPROACHES TO ways while fostering a better understand- COUNTER FALSE PERCEPTIONS ing of immigrant groups within society. key issue in the current immi- In various U.S. cities, businesses continue gration debate is the type of lan- to come together to build coalitions to sup- A guage and messages used by media, port legislation beneficial to the immigrant government and public figures. Mis- community or defeat proposed policies that conceptions and misinformation about would lead to increased discrimination. For immigrants are part of the explanation example, the defeat of a proposed English- for much of the xenophobia and anti- only bill in Nashville, Tennessee, in January immigrant rhetoric that we see today. 2009 was recognized as a model for other cit- Through media campaigns, research and ies seeking to bring together a broad coali- working groups, some businesses are work- tion of groups (advocacy networks, civil ing to improve society’s understanding of rights groups, religious groups, schools, the Latino community and foster an envi- ronment for collaboration and improved communication between immigrant groups and native-born populations. This is the Education and skills case in New Orleans, Louisiana, where the Latino population increased 58.1 per- development courses cent in the seven-parish metro area from 2000 to 2010 as part of the post–Hurri- help workers move up in cane Katrina rebuilding effort. There, local public broadcasting stations offer bilin- a company and also allow gual cultural programming to encourage greater understanding between the Eng- employers to promote lish- and Spanish-speaking populations. At the same time, through sponsorships internally and retain talent. and collaboration with Hispanic groups in outreach campaigns, businesses such as Tel- emundo, Univision, Wal-Mart Stores, Inc., immigration experts, business leaders, and and ConAgra Foods have promoted Latino community organizations) to oppose leg- civic engagement. One model is the pro- islation that would have had a negative gramming of Vme TV—a Spanish-language impact on immigrant integration. The Nash- public broadcasting station with 38 affiliate ville for All of Us coalition argued that the stations and an estimated 2 million viewers initiative would damage the city’s reputa- per week—that operates with the recogni- tion for tolerance and diversity and would tion that Hispanics have the same breadth drive away immigrant workers and inter- and diversity of interests as the general mar- nationally-owned businesses; the city’s 206 ket. Its content attempts to promote positive foreign-owned companies provide an esti- images and a healthy environment where mated 34,000 jobs. The bill’s passage would the diversity of cultures within the Hispanic not only have punished undocumented population is recognized and respected. immigrants, but also refugees and other Media—whether television, print, radio, or migrants with legal status as well as for- Internet—were powerful tools for encourag- eign executives visiting local operations.

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 13 Immigration and Integration: The Role of the Private Sector

The measure was opposed by what are Similarly, much can be done (and is considered some of the most powerful already being done) at the state and local forces in town, including the chamber levels through legislation, special offices of commerce, the visitors bureau, and welcome centers. The most success- church leaders, Mayor Karl Dean, then- ful of these initiatives combine the efforts Governor Phil Bredesen, and chancellors of nonstate actors—including businesses, and presidents of the local universities. community groups and public institu- Similar groups such as The Coalition for tions—to protect the rights of American cit- a Working Oregon, the Kansas Business izens and migrants alike while maximizing Coalition and the Idaho Business the social and economic benefits of migra- Coalition for Immigration Reform have tion. Such groups interact daily with immi- been formed to fight proposals they grant groups and can provide input that is see as hostile to immigrant workers, invaluable for creating better policies that to promote positive messages about represent local communities (including immigrants’ contributions and to add both immigrants and native-born popula- the voice of businesses to the debate tions) and promote constructive dialogue. through research and lobbying efforts. Even without CIR, many in the private sec- Calls for a comprehensive reform tor are showing that an alternative exists to over the last decade have yet to lead to policies that result in discrimination. The a federal policy resolution. Instead, the reality is that over the last decade the for- debates in Congress and in state and eign-born population grew by close to 70 local assemblies reinforce that changes percent in new destinations such as South in immigration laws are complicated Carolina, Alabama and Tennessee. There and and time-consuming and, in the end, can across the country, integration programs lead to more restrictionist measures. are crucial for the intended beneficiaries As the Migration Policy Institute proposed and their employers, and can also serve to in March 2011, much can be done at the break down barriers and combat stereotypes executive level—without consulting toward Hispanics and immigrants overall. Congress—to address some of the most By doing so, businesses are not only pressing issues facing immigrants.5 This improving the productivity of their includes establishing a White House Office own workforce and companies, they on Immigrant Integration, which would are also providing a constructive, sub- coordinate immigration policy across tle way to address the anti-immi- agencies and with select local officials. grant climate in their communities.

For source citations see: www.as-coa.org/new_destinations_ad-jm

Alexandra Délano is assistant professor of global studies at The New School University. Jason Marczak is director of policy at Americas Society and Council of the Americas and senior editor of Americas Quarterly. This article draws on conclusions from a multiyear Rockefeller Foundation grant to Americas Society on Hispanic integration and immigration. A shorter version of this article appears in the Spring 2011 issue of Americas Quarterly.

14 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES What’s Next for the Dreamers?

DREAM Act advocates face an uphill battle in securing legislative passage after last year’s defeat in the U.S. Senate.

By Daniel Altschuler

ctivists don’t have the luxury grants has very little chance of passing of an off-season. After bruis- before the next presidential term begins ing defeats, they must choose in 2013. To make matters worse, anti-immi- between giving up or dusting grant state legislative proposals—such themselves off and regrouping. as the measures adopted in Arizona last ASo it has been in early 2011 for pro-immi- year—have spread like wildfire across grant youth activist organizations fighting Republican-controlled state legislatures. for the Development, Relief, and Education But the youth organizations that emerged for Alien Minors (DREAM) Act, which offers to press for DREAM are not accepting undocumented young people who grew up defeat. Instead, they have shifted their in the United States—Dreamers—an earned energies to consolidating their movement path to citizenship through military ser- and focusing on new fronts: state con- vice or two years of college attendance. gresses and the federal executive branch. If passed, approximately 2 million undoc- DREAM, which was first introduced in umented youths would be eligible for the Senate by Senators Dick Durbin (D-IL) DREAM. These are young people who have and Orrin Hatch (R-UT) in 2001 and has been raised and educated in the U.S. but since been an important piece of compre- are unable to apply their skills in the for- hensive immigration reform (CIR) negotia- mal labor market or the military. Of this tions, has long enjoyed bipartisan support. number, roughly 100,000 already have But the combination of the rising influ- at least an associate’s degree and well ence of the Tea Party on Republican legisla- over 500,000 have either completed high tors, unprecedented Republican unity and school or passed an equivalency test. conservative Democrats’ re-election con- But after DREAM failed to pass in the cerns proved too much for DREAM’s passage U.S. Senate in December 2010, pro-immi- in 2010. Despite pro-immigrant advocates’ grant advocates have had serious cause concessions, such as reducing the age limit for despair. With the current composi- of immigrants who could qualify (from 34 tion of Congress, any legislation that to 29 years), lengthening the waiting period appears to legalize undocumented immi- for citizenship to at least 13 years, eliminat-

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 15 What’s Next for the Dreamers?

ing Dreamers’ eligibility for certain gov- ized immigrants already in the coun- ernment benefits, and increasing the fees try, reduce visa backlogs, and increase beneficiaries would have to pay, the leg- immigration and border enforcement. islation could not overcome multiple fili- But by early 2010, it was clear to Dream- busters at the close of the last Congress. ers that CIR would not become a real- When the bill failed, Dreamers were ity. José Luís Marantes, UWD’s cofounder, distraught. Their organizing efforts had noted, “The moment that broke the cam- apparently come to naught, and the el’s back was in the 2010 State of the changing dynamics in Washington fol- Union, in which only 13 words were lowing the midterm elections made given to immigration reform, with no DREAM’s passage before 2013 improbable. promise of delivering anything.” But, hours after youth leaders cried out- Dreamers responded by pushing for a tran- side the Senate’s chamber following the sition to a stand-alone bill. And in early 2010, bill’s failure, Dreamers were already pre- the Dreamers drew nationwide attention paring for the next fight, leading defi- to their cause when four students walked ant chants before exiting the Capitol. 1,500 miles from Miami to Washington Faced with devastating defeat, student DC on a well-publicized Trail of Dreams. leaders responded with aplomb—the sign By May, Dreamers had become increas- of a maturing youth movement that a sin- ingly impatient with the reluctance of gle legislative defeat could not undo. national pro-CIR advocates—including the Congressional Hispanic Caucus—to push for DREAM’S ORIGINS a stand-alone bill. Some advocates turned he push for DREAM began in the to civil disobedience. As part of The Dream early 2000s. At first, pro-immigrant is Coming project, five students demand- Tadvocates called on youth to come ing support for the bill staged a sit-in at to Washington DC to tell their stories to a district office of one-time DREAM pro- highlight the lost opportunities that result ponent Senator John McCain (R-AZ). But from the current system. Over time, how- McCain refused to meet their demands, ever, the Dreamers’ role evolved. Youth and four of the students were arrested activists started forming their own orga- and placed in deportation proceedings. nizations around the country and eventu- And this was only the beginning. ally created a national network in late 2008 In the following months, Dreamers called United We Dream (UWD). In 2010, throughout the UWD network raised aware- Dreamer actions and protests played a crit- ness through marches, pray-ins at congres- ical role in shaping the legislative agenda, sional offices and tens of thousands of demonstrating the Dreamers’ transforma- calls and faxes to Congress. Their efforts tion from poster children to protagonists. helped DREAM become a central item in Throughout 2009, pro-immigrant advo- U.S. political debate during 2010, emerg- cates geared up to push for CIR—omni- ing from obscurity to the editorial pages bus immigration legislation that would of major newspapers across the country. include DREAM and a package to increase Ultimately, advocates convinced recalci- the supply of visas for agricultural and trant Democratic legislators to introduce high-skilled workers, provide an earned a stand-alone DREAM bill in September path to legalization for other unauthor- and again in the lame duck session begin- ning in November. Their efforts in key states and on Capitol Hill helped DREAM pass the House of Representatives and Of the youth eligible for come tantalizingly close—just five votes— DREAM, roughly 100,000 to passing the Senate in December. THE MARCH FORWARD have at least an associate’s ut when they gathered for the UWD’s national congress in Memphis in degree and over 500,000 have BMarch 2011, Dreamers found them- selves in a tricky position. Despite their completed high school or emergent strength, Dreamers face a House of Representatives leadership that will almost passed an equivalency test. certainly not consider DREAM. Furthermore,

16 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES What’s Next for the Dreamers?

Democrats possess a diminished majority bama and South Carolina, however, anti- in the Senate, and many Senate Democrats immigrant legislation has advanced quickly. from relatively conservative states are loath Dreamers’ state-level strategies are to touch the immigration issue given the not just reactive; these young activists prospect of tough re-election fights in 2012. also see glimmers of hope in immigrant- The challenge, then, is how to con- friendly states. As of April 2011, 11 states, solidate youth power and redirect it to including Texas, Utah and Kansas, offer new battles that could create another in-state college tuition to undocumented legislative opening for DREAM. students. In mid-April, Maryland became The primary focus at the UWD congress the latest state to pass its version of such was to strengthen its affiliated state and legislation with Governor Martin O’Malley’s local grassroots organizations and build spokesperson emphasizing that the state a national network capable of sustaining “should not place additional burdens on direct action. This involved training youth those [undocumented] students to achieve leaders in matters ranging from the mun- their dream of higher education.” New dane (for example, how to structure an orga- in-state tuition legislation also has advanced nization and create a legal entity) to the intellectual (such as the history of immigra- tion in the U.S. and nonviolent direct action). Already, Dreamers have publicized pow- As of April 2011, erful stories of young people’s aspira- tions to learn and serve being thwarted 11 states, including Texas, by a system that leaves them unable to study and work and in constant fear of Utah and Kansas, offer being deported. Their challenge now is to expand their audience and their base. in-state college tuition to Social media and online activism have been—and will continue to be—keys to undocumented students. Dreamers’ outreach efforts among poten- tial immigrant and nonimmigrant allies. But virtual activism is no substitute for tra- ditional alliance-building. To build their in Connecticut, and a New York DREAM bases of support, Dreamers hope to fos- Act—which would make Dreamers eligible ter alliances with the African-American for financial aid, work authorization, and community, LGBTQ (lesbian, gay, bisex- drivers’ licenses—was introduced in the ual, transgender, and queer) groups and state senate. California’s version of the other immigrant rights organizations. DREAM Act would make these youth Like their anti-immigrant foes, Dream- eligible for state financial aid. (It had ers’ shifted their focus in early 2011 to state passed the assembly’s Higher Education and local legislative battles. With dozens Committee as of this article’s publication.) of states considering restrictionist bills— Nonetheless, legislators in some states copycats of Arizona’s SB 1070, bills challeng- that already have in-state tuition guar- ing birthright citizenship, and bills cutting antees, including the new governor of undocumented immigrants from public ser- New Mexico, Susana Martinez, are call- vices including primary education—mobi- ing for repeal. But, with strong organizing, lizing immigrant communities and allies Dreamers hope to repel these opponents will be critical to both defeating these and expand the number of states that bills and pushing for DREAM’s passage. offer them affordable college education. Already, Dreamers have joined pro-immi- Wins in any of these states are far from grant allies in denouncing these restriction- guaranteed, but even one victory could ist bills. And these broad efforts have helped prove important for building momen- lead to the defeat of such bills in at least 10 tum and maintaining activists’ morale. states including Arizona, where bills seeking The Dreamers’ new strategy also has a to deny birthright citizenship to children national component. While congressional of unauthorized immigrants and prevent representatives may receive less pressure undocumented people from attending com- from Dreamers now that passing a federal munity college or receiving medical aid have bill is unlikely in the short term, the failed in 2011. In states such as Georgia, Ala- White House and the Department of

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 17 What’s Next for the Dreamers?

Homeland Security (DHS) in particular, all, they cannot vote), they continue to will almost certainly feel the heat. fight and publicize deportation cases— With annual deportations under especially within the Latino community. President Obama (nearly 400,000 in With the 2010 U.S. Census reporting 2010) outpacing those under President that more than 50 million Latinos George W. Bush, Dreamers have launched now live in the U.S., Dreamers hope to the Education Not Deportation (END) force the President to reconsider such campaign to help undocumented deportations as his administration begins students fight deportation and stay the campaign for the 2012 elections. in school. END publicizes and fights The past year has brought both deportation cases with the hope of unprecedented victories and stinging protecting undocumented students defeats for the Dreamers. In the short and to “unveil the moral crisis caused term, the obstacles in Congress remain too by the current enforcement, detention, formidable and the national immigration and deportation policies,” according to conversation too ugly for DREAM to have UWD board member Felipe Matos. a chance of passing at the federal level. President Obama and DHS Secretary Through their organizing efforts across Janet Napolitano have reiterated their the country, Dreamers may offer the best support for the DREAM Act and insist hope for shifting that conversation and that—while they are obligated to opening the door again for immigrant- enforce the law—they are prioritizing friendly legislation like DREAM. criminals, not Dreamers, for removal. As undocumented students who But students are still facing deportation. live under the constant shadow of And while Dreamers alone do not have deportation from the country in which enough electoral power to prompt they grew up, their futures depend major action from the President (after on their movement’s success.

Daniel Altschuler is a Copeland Fellow at Amherst College and a doctoral candidate at the University of Oxford, where he studied as a Rhodes scholar. He has written extensively on immigration politics, including recent pieces for The Christian Science Monitor, The Nation and CNN.

18 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES The War on Immigrants: Stories from the Front Lines

Anti-immigration policies are hurting real people and families and undermining U.S. ideals of justice. They are also making our communities less safe.

By Cheryl Little

he U.S. Government’s War on popular anti-immigrant sentiment. Terror has transgressed into a Immigrant neighborhoods around the War on Immigrants. Under Pres- country have been the target of mas- ident George W. Bush and con- sive sweeps by both local and federal law tinuing under President Barack enforcement. City and state officials have TObama, Washington’s attempt to secure the reacted by passing laws punishing immi- nation’s borders has sent not only waves of grants and those who offer them shelter. fear through our immigrant communities While federal courts have stepped in to put but has shocked those who cherish the prin- the brakes on local anti-immigrant ordi- ciples upon which our country was founded. nances like those in Hazleton, Pennsyl- Federal dragnets with code names like vania, and Avon Park, Florida, regressive Operation Endgame and Return to Sender state laws are creeping up across the coun- have targeted immigrants who have bro- try. These threaten to turn local police into ken no criminal laws, yet are treated like immigration agents, devastate state econo- hardened criminals, with no right to a mies and further demonize immigrants. court-appointed lawyer. Efforts by local And, as a weakening economy has prod- sheriffs anxious to enter into 287(g) agree- ded disgruntled Americans into a search ments with Immigration and Customs for scapegoats, many hardworking, tax- Enforcement (ICE) to arrest suspected paying immigrants—with significant unauthorized immigrants also has con- ties to the U.S., full-time jobs, and Ameri- tributed to a record number of deporta- can spouses and/or children—have been tions. In 2010, the Department of Homeland forced underground. Even when they Security (DHS) deported nearly 400,000 have been victims of hate crimes, they immigrants at a cost of $5 billion.1 ICE avoid contact with law enforcement. detainees represent the fastest growing The Florida Immigrant Advocacy Cen- prison population in the United States. ter (FIAC) protects the basic rights of immi- The new laws, programs and strat- grants and has documented their stories in egies aimed at controlling unauthor- order to put a face on the injustices being ized immigration have not only failed to committed against them. Our work has make us safer, but they have also ignited provided ample evidence that the barrage

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 19 The War on Immigrants: Stories from the Front Lines

Florida’s rates of noncriminal deporta- ICE detainees represent tions are among the nation’s highest. In Orange County, home to Orlando and Dis- the fastest growing ney World, 63 percent of Secure Commu- nities deportees were not convicted of any prison population in crime. Equally shameful are the numbers for Palm Beach County (62 percent), Bro- the United States. ward County (57 percent), and Miami-Dade County (51 percent).4 These rates more than double the 26 percent of noncriminal Secure Communities deportees from Arizona’s Mar- of anti-immigrant laws and regulations, icopa County, which is notorious for Sheriff often propelled by right-wing rhetoric, is Joe Arpaio’s tough-on-immigrants stance.5 an assault on the fundamental civil liber- These deportations are not only a drain ties of all. Our research also makes clear that on federal coffers—they ravage the econ- driving immigrants further underground omy. If all undocumented immigrants were does nothing to fix our broken immigra- removed from Florida, the state would lose tion system. It only makes matters worse. $43.9 billion in economic activity.6 By con- trast, a January 2010 report by the Center OVERZEALOUS LAW ENFORCEMENT for American Progress and Immigration first step toward changing this Policy Center concludes that immigration situation must be to move reform would result in at least a $1.5 trillion A away from focusing exclusively cumulative increase in GDP over 10 years. on law enforcement as a solution. Further, increased reliance by ICE on local ICE falsely claims that it is targeting law enforcement to do their work dam- “the most dangerous criminal aliens,” like ages relations between local police and murderers and rapists, but ICE’s own sta- the communities they are sworn to pro- tistics prove otherwise.2 Secure Communi- tect. Fearing deportation, many victims ties—a DHS program launched in March will not report domestic violence or other 2008 to identify undocumented immi- crimes. And everyone is at risk when the grants in U.S. jails—screens the finger- bonds of trust with the police are broken. prints of anyone arrested by local police, Immigrants who live in constant fear of not just those convicted of crimes. With deportation remain easy targets of crime. In such a wide net, it’s not surprising that March 2009, a woman posing as an immigra- 80 percent of persons flagged by this pro- tion officer abducted a baby from a migrant gram are far from dangerous criminals.3 worker at a county health clinic in Plant City, As with the misguided 287(g) program, Florida. Police said that the woman threat- without narrow tailoring and adequate safe- ened to deport the mother if she didn’t hand guards, Secure Communities lends itself over the baby girl. After talking to relatives, to abuse by local law enforcement agen- the parents reported the missing baby and cies, which can use traffic stops as pre- she was ultimately reunited with her family. texts for racial profiling for the purpose of funneling individuals, most of whom CHILDREN ARE VICTIMS are Latino, into the deportation process. he crackdown has traumatized immi- Florida, one of the first states to get Secure grant families. In many cases, fam- Communities, provides some poignant Tilies have been forced apart when examples of this current trend. A FIAC sur- parents are detained or deported, leaving vey of 70 detainees at the Broward Transi- children to fend for themselves with rela- tional Center in fall 2010 was telling. Nearly tives or strangers. While ICE has the right two-thirds of detainees had no criminal to arrest those without legal status, the history, and most of the rest had only low- manner in which they do so is disturbing. level traffic violations. Some were simply In late March 2011, for example, ICE sur- passengers in cars stopped for routine traf- rounded an elementary school in Detroit, fic violations. And all but two of the detain- targeting parents who were dropping off ees interviewed were Hispanic. For every their children. Earlier that month, agents two persons interviewed, one minor child— from the same field office conducted an ille- generally a U.S. citizen—had lost a parent gal search of a man’s home. They detained or caregiver to immigration detention. his wife and refused to let him bring her

20 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES The War on Immigrants: Stories from the Front Lines

medication before she was deported. dren were U.S. citizens or legal residents. Children are often among the most deeply Older children—many brought to the affected by ICE actions. After roundups, chil- U.S. as toddlers by their parents—are also dren have been left with non-family care- being deported. That’s what happened to givers or placed in state care. Crying infants 18-year-old college student Juan Gómez. have been pulled from their mothers by Juan was 18 months old when his fam- armed officers who deny them any oppor- ily came to the U.S. from Colombia in 1991 tunity to make arrangements for their chil- on a tourist visa and applied for asylum. dren’s care. Even nursing mothers have been Their case was pending for 11 years. Mean- detained and forced to leave their babies while, Juan excelled in school, scoring 1410 behind, as have mothers with sick children. on the SAT, and volunteered at a shelter. Perhaps the greatest fear parents have is Seventeen years after their arrival in the losing their American-born children for- U.S., Juan and his family were arrested and ever. Blanca Benitez-Banegas knows this taken to jail in handcuffs by ICE. The fam- firsthand. Blanca and her common-law ily was separated and neither Juan nor his husband came to the United States in 1999 brother Alex was allowed to communicate after Hurricane Mitch. While here, she with their parents while in jail. Outraged, gave birth to two sons. But a Miami traffic Juan’s classmates launched a campaign on stop shortly before Christmas in 2006 bru- Facebook to secure their release. The result- tally divided the family. The two boys were placed in foster care even though Blanca begged ICE to place them with her sister, a legal permanent resident, in Houston, Texas. Driving immigrants For two months Blanca had no idea of her sons’ location and the boys were left further underground does without information about their parents. When Blanca was transferred back to Flor- nothing to fix our broken ida from a Texas jail she had no idea that a court hearing was scheduled to determine immigration system. It only who would have custody of her boys. If she did not retain custody, she might not see makes matters worse. them again during the 10 years she would be barred from returning to the United States following deportation. Thanks to ing publicity led to the family’s temporary the Honduran Consulate and pro bono release in July 2007. Even then, the par- lawyers, Blanca retained custody and her ents were deported in October of that year. sons returned with her to Honduras. In August 2008, Juan was accepted to Georgetown University and he will gradu- CAUGHT IN THE BLACK HOLE ate in May 2011. While JPMorgan Chase in nce detained, immigrants often New York has offered him a job, his future fall into a black hole. Parents held is uncertain. Absent passage of the Devel- Oby ICE have limited access to the opment, Relief, and Education for Minors outside world. It can take weeks for them (DREAM) Act or other legislation creating to get permission to call an attorney or a pathway for unauthorized immigrants loved ones to let them know where they to earn legal status, Juan will remain in are. Without the benefit of legal represen- legal limbo or, worse, face deportation. tation, parents often unknowingly waive their rights and are quickly deported. NO SAFE HAVEN The number of children affected is alarm- he new laws, programs and strate- ing. According to a 2010 study by the non- gies aimed at controlling immigra- partisan Urban Institute, for the National Ttion have fueled an anti-immigrant Council of La Raza, 5.5 million chil- hysteria. The fear and misery caused dren in the U.S. had at least one undoc- by ICE sweeps are widespread, stretch- umented parent, putting them at risk ing from Hispanic to Haitian commu- of being separated from their parents.7 nities, and leave few safe havens. This 5.5 million sum amounts to 7 per- Not surprisingly, this harassment has cent of all U.S. children, or about 1 in every escalated to real violence. Undocumented 14. Nearly three-quarters of these chil- immigrants in border states are frequently

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 21 The War on Immigrants: Stories from the Front Lines

targeted by robbers, armed civilians and and have lived in the U.S. for years. rival smugglers. Attacks against Guate- The U.S. can cope with the new groups malans are so common in South Flor- of immigrants and, at the same time, pro- ida that perpetrators call their assaults tect national security without tarnishing “Guat-bashings.” Mexicans are easy prey our principles of justice. How? With real- for armed thugs who break into their ity-based immigration reform that permits homes, take their money and belongings government officials to track the where- and even shoot them. They call it “Chico- abouts of immigrants, that responds to the hunting.” Most crimes go unreported demands of the U.S. labor market, and pre- because the victims fear ICE detention. serves the fundamental principle of fam- The Southern Poverty Law Center ily unity. Such reform will also undermine (SPLC) notes an 80 percent growth in the power of smugglers and unscrupulous 2009 alone in “furious anti-immigrant employers who exploit immigrants. By per- vigilante groups.”8 These private citizens mitting undocumented immigrants already have attempted to take matters into their in the United States to embark on a path to own hands. For example, in October 2007 legalization, and controlling future immi- a condominium president in Deerfield gration through legal channels, enforcement Beach, Florida, posted a letter informing efforts could focus instead on identify- residents—70 percent of whom are ing those with true intent to do us harm. Brazilian—that she was asking ICE to Clearly, we need to enforce immigration enter the building and “do a door-to-door law, but we need laws that can be documentation of everyone’s legal status.”9 reasonably enforced. Lawmakers at all These types of actions must be changed levels should abandon measures that from the top. In January 2011, President squander our funds and misdirect our Obama reiterated his commitment to attention by criminalizing immigrants enacting smart immigration reform to for civil violations. Legislative reform address the millions of undocumented that treats immigrants humanely will immigrants now “living in the shadows.” strengthen our economy and will ensure Yet tens of thousands of immigrants that law enforcement focuses on fighting are being detained and deported even real threats. Without this, the tragedies though they pay taxes, have U.S. citizen represented by the caseloads of agencies relatives, contribute to their communities, like FIAC will continue to grow.

For source citations see: www.as-coa.org/new_destinations_clittle

Cheryl Little is cofounder of the Florida Immigrant Advocacy Center and has served as executive director since 1996. An earlier version of this article appeared in the Summer 2008 issue of Americas Quarterly.

22 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES Argentina’s Migration Solution

A revolutionary answer for immigration reform based on open dialogue and the recognition of migration as a human right.

By Gastón Chillier & Ernesto Semán

ost Latin American A COUNTRY OF IMMIGRANTS countries have regarded STRUGGLES WITH ITS LIMITS immigration policy as s a country known both as a source a function of border and a destination for immigrants, protection, using A Argentina has always carved out Mapproaches that emphasize security a special place for itself in Latin Amer- and law enforcement, including strict ica. In the nineteenth century, it forged a regulation of work and residency national identity through an open-door permits. Such policies have not only immigration policy that was geared selec- failed in recent years to curb the growth tively toward European immigrants. But of undocumented migrants, but they migration from neighboring countries such have also clashed with resolutions as Bolivia, Chile and Paraguay increased adopted in 2003 and 2008 by the Inter- steadily to the point that—by the 1960s— American Court of Human Rights that the number of immigrants from its neigh- guarantee the rights of migrants. bors outpaced arrivals from Europe. Argentina is a notable exception. In response, Argentina imposed Thanks to a law passed in 2004, it has stricter controls on the entry and exit emerged as a model for innovative of foreigners, beginning with legisla- immigration policymaking. The tion introduced in 1966. The legislation law incorporated the recognition of established new measures for deport- migration as a human right. But what ing undocumented immigrants. really made it historic was the open, In 1981, under the military dictatorship, consultative process used to conceive, legislative decrees that allowed the state to develop and pass the legislation. expel migrants were codified into law for How Argentina got there is an the first time as Law 22.439, also known as instructive story—and it may la Ley Videla (named after the military dic- hold lessons for its neighbors and tator Jorge Rafael Videla, who was later con- for other areas of the world. victed of human rights violations). The law contained several provisions that affected

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 23 Argentina’s Migration Solution

constitutional guarantees, including the cies of la Ley Videla by sponsoring reports on right of authorities to detain and expel for- abuses of migrants’ human rights, bringing eigners without judicial redress, the obli- cases to court and submitting complaints to gation of public officials to report the the Inter-American Human Rights System. presence of unauthorized immigrants, and In 2000, the organization outlined a spe- restrictions on their health care and educa- cific agenda to repeal la Ley Videla and to tion. For example, undocumented immi- pass a new immigration law that respected grants could receive emergency healthcare, the rights of foreigners. Criteria for the new but hospitals were then obligated to report legislation included administrative and judi- them. The resolutions and decrees of the cial control over the National Migration National Migration Office (first estab- Office, reform of deportation and deten- lished in 1949) turned the office into a vehi- tion procedures to guarantee due process, cle for the violation of migrant rights and recognition of the rights of migrants and precluded it from regulating immigra- their families to normalize their immigra- tion and addressing immigrants’ status. tion status, and elimination of discrimina- From the downfall of the military dicta- tion and other forms of restrictive control torship in 1983 until 2003, Congress failed to in order to ensure access to constitution- repeal la Ley Videla or enact an immigration ally guaranteed social rights and services. law in accordance with the constitution and Representatives of the roundtable then international human rights treaties recog- began to meet weekly with politicians. nizing migrant rights. In fact, the executive They presented proposals to legislative branch expanded the law’s discriminatory committees (in particular the House Pop- features and promoted the autonomy of ulation Committee) and participated in the National Migration Office to establish public hearings. In the end, the group was criteria for admission and expulsion from instrumental in promoting public dis- the country without any legal oversight. cussions and endorsing a bill by Partido The continuation of la Ley Videla rel- Socialista Senator Rubén Giustiniani that egated close to 800,000 immigrants— ultimately passed in 2003 with broad polit- most of whom came from neighboring ical support. This open consultative pro- countries—to “irregular” status, produc- cess ultimately provided the framework ing serious sociopolitical consequences. for then-President Néstor Kirchner and the Efforts to rectify the situation first met National Migration Office to join other polit- with little success. In the absence of reform, ical forces in Congress to pass the bill. Argentine immigration policy was based Meanwhile, Latin American migration on individual agreements with countries to Argentina continued to rise, along with like Bolivia and Peru to regulate immi- immigration from Eastern Europe, Asia and grant flows. These agreements failed to Africa. Census records from 2001—the lat- address the larger realities of such flows, est year available—show that 4.6 percent and Argentine authorities often expelled of the 36 million Argentines were foreign- immigrants despite the treaties. As a result, born and that 2.6 percent of the population courts repeatedly upheld detentions and was originally from a neighboring country. expulsions sanctioned by the immigration authorities, as there were no formal mech- A PERFECT COMBINATION anisms to ensure justice for immigrants. In OF PROCESS AND GOALS turn, the high cost of filing or pursuing an nacted in January 2004, Law 25.871, appeal generally made it an unlikely option. or Ley de Migraciones (Migration In 1996, this unjust and unsustainable situ- ELaw), recognizes the human right to ation led to the creation of the Roundtable of migrate and affirms that migration “is an Civil Society Organizations for the Defense essential and inalienable individual right of Migrant Rights, a diverse coalition of to be upheld by the Argentine Republic human rights groups. The roundtable sought based on principles of equality and univer- to counter xenophobic rhetoric coming from sality.” To bring all immigrants out of the state ministries and from the president. The shadows, the law calls on the state to “make organization worked for migrant rights and available all appropriate measures to nor- included a diverse coalition of immigrant malize the immigration status of foreign- associations, religious groups, unions, and ers.” It is revolutionary both in Argentina academic institutions. A key goal was to and globally insofar as the economic, social expose the contradictions and inconsisten- and political rights granted to immigrants.

24 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES Argentina’s Migration Solution

One of the major achievements of the The importance of integration to com- immigration law and its regulatory decree munity-wide cohesion and socioeconomic has been to ensure that migrants have growth was not ignored by the authors of access to the judicial system during the the bill. In fact, the approach to integra- immigration process. This stipulation was tion is not too different from how other a long-standing goal of individuals and countries continue to discuss it today. groups that supported the new legisla- Article 14 declares the State “will favor ini- tion. Before immigration reform, several tiatives to promote the integration of for- court decisions had established minimal eigners in their community of residence, protective mechanisms. But under the Ley especially those initiatives aimed at: the de Migraciones, equal access to the judicial completion of Spanish language courses; system acts as a check on arbitrary admin- the dissemination of useful information istrative decisions. Under the law, those for proper integration. . .especially in refer- facing deportation proceedings are guaran- ence to rights and obligations; knowledge teed free legal aid and translation services. and appreciation of the cultural, recre- Since passage of the law, the courts— ational, social, and economic and religious under Article 61—have been in charge of traditions of immigrants; [and] organiz- ruling on the harshest sentence an immi- ing training courses for living in a mul- grant can receive: deportation. Further- ticultural society and for the prevention more, new procedures were mandated to modify the process of detaining individ- uals awaiting deportation. A judge must now always hear a case, which can only A key feature of the Ley be requested by migration authorities and decided on by the courts once the depor- de Migraciones is its tation authorization has been completed. The Ley de Migraciones also stipulates the recognition of equal right to family reunification—a hot-but- ton issue around the world—for migrants guarantees for the and their “parents, spouses, unmarried chil- dren or older children with disabilities.” social rights of migrants. In addition, a new category of temporary residency was created for the vast major- ity of migrants living in Argentina, most of whom are South American nationals. This of discriminatory behavior for officials, new residency category, which applies to public employees and private entities.” immigrants from Mercosur and other asso- Argentina’s achievements in migrant ciated countries, allows people to legal- rights partly reflect the role that human ize their residence in Argentina. They don’t rights organizations have played through need a special work permit or a tourist visa, international litigation, public debates and only a willingness to live in Argentina. This the drafting of key texts. But there is still is truly historic in a country like Argen- much to be done to fully recognize the tina—a nation that denied migrants’ basic rights of migrants. Top concerns include rights for 40 years. It goes a long way toward the absence of effective procedures to reg- resolving historical patterns of discrimina- ulate migrants’ status in compliance with tion by helping migrants establish official the new law, the need for better guarantees status with only minimal requirements. of access to social services and the uneven Besides these new specific guaran- application of the law regarding cases from tees, a key feature of the Ley de Migracio- Senegal and the Dominican Republic. nes is its recognition of equal guarantees That is why the efforts of the round- for the social rights of migrants, includ- table did not end once the law was ing access to health services, education, passed. The group continued to fight legal aid, work, and social security. One for a regulatory decree and the chance article in the law specifically focuses on to correct certain aspects of the law. education, prohibiting the denial of admis- In response, in June 2008, President Cris- sion to any school based on legal sta- tina Fernández de Kirchner formed an advi- tus. The principle of equal access is also sory committee for the regulation of the reflected in an article on health care. law, bringing together representatives of

NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES 25 Argentina’s Migration Solution

human rights organizations, the United as a framework, in 2007 the National Nations (UN High Commissioner for Refu- Public Defender’s Office, a constitutionally gees and the International Organization for sanctioned body that guarantees access Migration), religious groups, and the Latin to the justice system, joined forces with American Center for Immigration Studies. human rights organizations to create The advisory committee worked for the Commission for Migrants and the five months in dialogue with national Commission to Assist and Protect Refugees. immigration authorities on the most These commissions established an agenda contested parts of the Ley de Migraciones: to meet the needs of migrant populations, to reduce administrative discretion to including a key clause recognizing the reject filing procedures; to align the rights of children without legal guardians. work of the National Migration Office in Much remains to be done. Since the accordance with the new law; and to add passage of the new immigration law, new measures not included in the first advisory mechanisms, legal sponsorship, draft of the law. They also clarified the and precedent established by Supreme procedures for denial of entry at borders and Court decisions have initiated a new notification of deportation processes and institutional framework for the defense for reducing immigrant detentions during of migrant rights through legal channels. migration procedures. The deliberations The lessons of the Argentine resulted in a new text. On May 6, 2010, experience are valuable beyond its six years after the passage of the Ley de borders. Recognizing the importance Migraciones, Argentina’s Executive signed of immigrants’ rights is essential to a much-needed regulatory decree. crafting new immigration policies in Today, there are more ways for migrants our region and elsewhere—something to receive a fair hearing in Argentina. In unfortunately often left out of the debate. 2002, while the old immigration law While Argentina’s immigration was still in effect, the law school of the legislation cannot be replicated exactly, University of Buenos Aires, together with how it was produced is worth studying. the Center for Legal and Social Studies Every country will have to find its own and the Commission for the Protection humane path toward addressing the new of Refugees, created a free legal clinic for global reality: the migration of millions migrants and refugees. With this clinic in search of better living conditions.

Gastón Chillier is executive director of the Buenos Aires-based Center for Legal and Social Studies (CELS). Ernesto Semán is head of CELS’s New York office. This article appears in the Spring 2011 issue of Americas Quarterly.

26 NEW DESTINATIONS AND HISPANIC IMMIGRANTS: PROMOTING INCLUSIVE POLICIES No part of this publication may be reproduced in any form without permission in writing from Americas Society. The positions and opinions expressed in this publication do not represent those of Americas Society and Council of the Americas members or the boards of directors of either organization.