CVIndependent

Tue11202018

Last updateTue, 18 Sep 2018 1pm

Alan has now lived in the Coachella Valley for 17 years, ever since he was 17 years old.

Even though he has always worked hard and played by the rules—at least the rules that aren’t stacked against him—he doesn’t want his last name used in this story. The reason: Both he and his wife are undocumented immigrants. They have a son, 10, who is a U.S. citizen by birth.

“Since President Trump has been in office, we have seen all the anti-immigrant statements and all the news coverage on TV of what’s happening,” he said. “We’ve been afraid to go out and go about our normal life routines, because if a cop stops us, they will call the immigration (agents), and we will be taken away.

“We’re very uncomfortable, and it is not easy for us to live every day. We always have to be looking behind our backs.”

The government under Donald Trump seems to be quite proud of such discomfort. On Feb. 16, U.S. Immigration and Customs Enforcement (ICE) issued a news release stating that the agency’s personnel had arrested 212 individuals for violating federal immigration laws, and had served 122 notices of inspection to businesses in the Los Angeles area. On March 16, another ICE news release trumpeted the arrests of 115 individuals in San Diego and Imperial counties, again for violating federal immigration laws. On June 14, yet another ICE news release announced the arrests of 162 individuals in Los Angeles and surrounding counties, including 15 people in San Bernardino County, and 12 here in Riverside County.

Yet another ICE news release, from May 14, proclaimed that between Oct. 1, 2017, and May 4, 2018, Homeland Security had opened some 3,510 worksite investigations, and had made 594 criminal and 610 administrative worksite-related arrests. Compared to the entire previous fiscal year, ending Sept. 30, the number of investigations had more than doubled—and the number of arrests had quadrupled.

Anyone believed to be in this country illegally is fair game. “ICE does not exempt classes or categories of removable aliens from potential enforcement,” ICE Director Thomas Homan said in a statement. “All those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.”

It’s clear: Not only is the Trump administration’s crackdown on immigration violations intended to identify and remove convicted criminals from American society; it’s also designed to create a climate of fear in the daily lives of all undocumented immigrants—including many of our neighbors here in the Coachella Valley.

“The U.S. Border Patrol has jurisdiction over our streets and our community; that’s why immigration has always been a problem, and our community continues to be at risk,” said Luz Gallegos, the community programs director for TODEC Legal Center, an organization with offices in Perris and Coachella which seeks to empower disenfranchised immigrant communities, according to its website. “But what has changed lately is that a lot of the rhetoric is creating more fear, and all of the political division at the federal level is really impacting people at the grassroots level.”

This rhetoric has brought out a lot of hate—and it’s plaguing both undocumented and documented immigrants in our community, Gallegos said.

“We hear from students what they are going through in their schools,” she said. “Even kids are emboldened to talk on their hate, saying things like, ‘Go back to Mexico!’ and calling them wetbacks. We see that people now feel empowered to speak out about feelings they’ve carried their entire lives.

“Having grown up here for my whole life, as a child, we heard that the KKK would gather in Rainbow (in northern San Diego county), and we always feared the KKK growing up. Back then, we didn’t know who they were, because they wore robes and covered their faces, but now, you really know who these people are, right? People are coming out, and now we can really see where people stand.”


Assemblyman Eduardo Garcia represents the state’s 56th District, which includes much of the eastern Coachella Valley. He said the hatred being openly expressed toward immigrants ignores the valuable contributions they make to our community.

“It’s important to highlight just who we are talking about,” Garcia said. “We are talking about people who work in very significant and important industries to the Coachella Valley economy—folks working out in the farming fields of the eastern Coachella Valley who are putting food on people’s tables, along with the men and women who make up a large part of the hospitality and service industry that is essential to our economy in California. So we’re talking about just putting a face to the subject. These are the working people who help drive the economic engine of our region.”

Megan Beaman-Jacinto is an immigration-rights attorney, activist and candidate for the Coachella City Council.

“A lot of things that this president has tried to do against immigrants have not been able to proceed, like trying to end DACA,” Beaman-Jacinto said. (DACA, or Deferred Action for Childhood Arrivals, allows some younger people who came to the United States without documents to stay and work legally in the U.S.) “But other things have happened—things like people being denied immigration benefits at higher rates now (than under previous administrations). And (President Trump) is trying to pass new regulations that will make it harder for even permanent residents to become citizens if they used certain public benefits, even legally, in the past.

“Every day, almost, there’s a new attack on immigrants—and the media’s exposure of that is definitely having mixed results. On the one hand, it’s great that people are finally seeing this and paying attention when they didn’t before. But on the other hand, for people who are personally impacted by it, it is really stressful to see all the time, everywhere you look. I went with some clients to a citizenship interview a few weeks ago in the immigration offices in San Bernardino. In that lobby, there are two TVs, and they’re always on CNN. So the whole time we were waiting there, it was like, ‘Trump says this about immigrants, and Trump says that about immigrants and this about the immigration department.’ … I’m thinking, ‘Well, at least my client is about to become a citizen,’ but who knows what other status everyone else in that room has? That’s really terrifying if you’re one of the people directly impacted, and it goes on nonstop.”

The nation’s immigration system has been broken for a long time, since long before Donald Trump became president. In fact, some immigration activists referred to President Barack Obama as the “deporter-in-chief” due to his administration’s high number of deportations.

However, the intensity of the rhetoric is indeed new.

“Now you get an administration that begins to utilize the state of fear—(saying) that illegal immigration is taking over, that illegal immigration is the reason for increases in violent crimes. … ‘They are rapists, murderers, etc., etc., etc.,’ Garcia said. “The fact that we still remain with no comprehensive immigration reform policy creates a huge level of uncertainty for a lot of people in this country, in California and in the Coachella Valley.

“I’ve got to imagine that this type of fear-mongering has disrupted our economy to some extent. Perhaps people are not presenting themselves for work. Perhaps the kids are not showing up at school. (There’s a) decrease in the number of people who want to access health-care services due to the concern that they may be ‘outed’ for being here undocumented. I would even argue that our public-safety services suffer, because the cooperation between our residents and law enforcement is impacted negatively. For instance, a victim of crime or a witness to crime, who might be here undocumented, might not be willing to cooperate with law enforcement. So it’s a very huge issue, and it goes back to the inability of a U.S. Congress and an administration to put together what would be a comprehensive immigration policy that would bring about certainty for the people in our valley, our state and in our country.”

Gallegos said she and her colleagues at TODEC have seen the damage this rhetoric is causing.

“There is a lot of fear out there, and (at TODEC), we believe that our role is to educate the community,” Gallegos said. “But that fear still exists, and it even impacts our local economy. We talk to the farmers in the east end of Coachella Valley, and they tell us they’re concerned that they are losing their workforce. The stores, like Cardenas, tell us that they’ve lost a lot of business because of this whole fear factor. It’s affecting our community and the local economy.”

The hyper-politicization of the immigration issue has also led to another type of fear—a fear of speaking out. The Independent reached out to numerous agricultural and retail businesses, and they all declined to go on the record for this story.

The same thing happened when we tried to talk to valley health-care providers about the effects ICE enforcements have had on immigrants seeking treatment and services: Only one person agreed to go on the record, and that was Doug Morin, the executive director Coachella Valley Volunteers in Medicine, an organization in Indio that offers no-cost health care to adults who are uninsured or underinsured. He said his clinic has noted a substantial and ongoing decline in patient visits since the Trump administration took office in January 2017.

“I would say we’re still 20 percent below the number of patient visits we had during the pre-Trump days,” he said.

The decline has continued despite a concerted effort on the clinic’s part that included hiring an outreach specialist to make door-to-door contact with underserved populations to assure them that both they and their personal information would be safe if they came to get medical attention.

“We even changed our fliers that we had out for patient recruitment,” Morin said. “They used to just say, ‘Your health is our number one concern,’ and now it says, ‘Your safety and your health is our number one concern.”


So … where do we go from here? After all, Trump’s four-year term is less than half over, and there’s no hint that his administration will ease up on either the enforcement actions or the rhetoric anytime soon.

“We tell community that ‘our faith will keep us strong,’” Gallegos said. “There are a lot of young people coming up who want to make change. They see how this uncertainty and fear is impacting their family, friends and (everyone’s) mental health, and they’re taking it very personally. We tell them, ‘We have to continue resisting—and the way you’re going to resist is go to school. Finish your high school; go to college; and be a professional. You will prove everybody wrong,’ and that’s what our kids are doing. They are people of character, with morals and compassion. It’s become personal to them.

“Most importantly, we tell them to make sure to vote because that’s the way you create change.”

Garcia said some actions can be taken on the local and state levels.

“It is a federal question, but you know, states have rights,” he said. “When we have an emergency in California—as we’ve seen in recent months with the fires, the droughts and other natural disasters—we have the ability to declare a state of emergency and have the federal government support that position via policy and/or resources needed to address that emergency. In California, I believe that the issue of labor shortages in very specific industries that are highly occupied by immigrants could be considered such an emergency. I think that in itself is reason to work as a state in addressing our labor needs. These labor shortages are having a significant impact on our local economy right now—and not addressing the immigration issue ties into this threat very closely.

“I made an effort this past year to exercise that states’ right and develop a working group (in the state Legislature), that would ultimately need the blessing of Homeland Security and the federal government, to put together a program that would bring certainty of legal status, allowing those California residents working in these critical industries to continue contributing to our economy. Also, it would address ways to ensure that people are being paid salaries, receiving benefits and having housing that are respectable by California’s high standards. Stabilizing the existing unpermitted workforce by removing their tremendous fear and giving them and their families some certainty would be the first objective, and the second would be to develop a framework that would allow for us to address the real labor shortages that exist for these industries. I just think there’s a better way to go about this than disrupting the economies of the country, state and the Coachella Valley.”

Garcia’s effort did not get very far; his Assembly Bill 1885 didn’t even make it up for a vote in a committee.

“It continues to engage a number of individuals in a dialogue,” Garcia said. “… Unfortunately, we had a lot of people who got stuck on the notion that this issue is a federal issue only. They would not look at it as an economic and labor-shortage issue in California, as well as a national food-security issue. You know, we feed a large part of the world, and if our agricultural industries see a significant decline, because we can’t get enough people to do the necessary work, then we’re looking at being dependent on other nations for our food and commodities, which should be a major concern for people from a security standpoint, a health standpoint, and because we would be supporting other countries’ practices of underpaying and undervaluing their workforces.

“So the bill did not move. Next, we introduced a resolution, (Assembly Joint Resolution) 34. The resolution took a strong position supporting the same principles we supported in the legislation, and it had bipartisan support built around a coalition of assemblymembers and senators from farming communities throughout the state. This resolution would send the message to Washington, D.C., about what California is thinking, and wanting to do, and we encouraged our federal counterparts to engage with us in this conversation. It was passed and sent to the governor’s desk. Resolutions are position papers. As a result, they are not as controversial as trying to set something in stone as a law.”

Meanwhile, Coachella Valley residents like Alan and his wife continue to live in fear.

“Thank God I haven’t had to go to the hospital or seek medical services of late, but if we had to, we would go to get medical help here. My son is attending school,” he said. “What upsets all of us the most is that we feel like we’re being held back, and we’re not able to move forward with our lives. (The federal government) now is putting all these obstacles in our way.”

Upper right—Immigration-rights attorney and Coachella City Council candidate Megan Beaman-Jacinto: “Every day, almost, there’s a new attack on immigrants—and the media’s exposure of that is definitely having mixed results. On the one hand, it’s great that people are finally seeing this and paying attention when they didn’t before. But on the other hand, for people who are personally impacted by it, it is really stressful to see all the time, everywhere you look. Below—“We talk to the farmers in the east end of Coachella Valley, and they tell us they’re concerned that they are losing their workforce,” said Luz Gallegos, the community programs director for TODEC Legal Center. “The stores, like Cardenas, tell us that they’ve lost a lot of business because of this whole fear factor. It’s affecting our community and the local economy.” Photos by Kevin Fitzgerald.

Published in Local Issues

Last winter, at a talk in Aspen, Colorado, author Luis Alberto Urrea described his childhood in a rough San Diego neighborhood near the border, where his family moved from Tijuana during a tuberculosis outbreak.

Born to a Mexican father and an American mother, the blue-eyed, blond child spoke Spanish before he spoke English and spent his early years buffeted by the cultural tensions between his parents.

Urrea’s mother yearned for him to be “Louis Woodward,” the idealized offspring of her own East Coast origins. His father, who wanted his son to be more Mexican, affectionately called him cabrón (in English, “dude,” or a more friendly rendition of “dumbass”). “I was raised twice, and this was very hard, but I thank God for it,” Urrea said.

That complicated family dynamic is the inspiration for his latest novel, The House of Broken Angels, a multigenerational saga about a Mexican-American family, much like his own, in San Diego. It is also a border story, a genre for which he is well-known: Ever since the success of his 2004 nonfiction book, The Devil’s Highway, which recounted the struggle for survival among 26 men who crossed the border in 2001, Urrea has been called the “literary conscience of the border.”

But his latest book is less about the physical border than it is about the familial relationships that both challenge and transcend it—the small moments that, as one of his characters puts it, allow each of us to see our own human lives “reflected in the other.”

Drawing on the final days of Urrea’s older half-brother, Juan, who died in 2016, the narrative revolves around Big Angel, the patriarch of the sprawling De la Cruz clan, a raucous cast of characters who encapsulate a variety of American experiences—veterans, academics, undocumented immigrants, a singer in a black-metal band called Satanic Hispanic and a “non-cisgendered, non-heteronormative cultural liberation warrior.”

Sick with cancer, Big Angel decides to throw a final fiesta for his 71st birthday with all his friends and relatives—and not even his mother’s sudden death will stop him. The party is scheduled for the day after her funeral, and in the lead-up to it, we glimpse the melodrama of daily life amid vivid flashbacks of the past. Like the De la Cruz family, Urrea’s writing is exuberant, unruly and sometimes profane, filled with splashes of Spanglish and sensual imagery, from Big Angel’s San Diego bedroom to his memories of La Paz: “the creeping smell of the desert going wet.”

The writing is political, too, as the author describes the often-arbitrary cruelty of the border that has shaped the characters’ lives. Technically, Big Angel and his wife, Perla, are undocumented, having entered the U.S. as teenagers. Urrea, however, does not dwell on legal status, focusing instead on the ever-changing politics of America’s immigration laws, which have alternately embraced Mexicans for their labor and expelled them as soon as they were no longer needed.

In Big Angel, we see another side of the story, too: the tale of those immigrants who manage to ascend to the middle and working classes. After years of working multiple jobs, Big Angel is able to buy a home in San Diego. He finally lands a position running computers for a gas and electric company, even though he never liked computers. “A Mexican doing what these rich Americanos couldn’t do was the point.”

Other family members have not been so lucky. A stepson, Braulio, was killed in a gang shooting. Big Angel’s own son, Lalo, struggles with drug addiction and his undocumented status, which even his U.S. military service in Iraq cannot resolve.

In the De la Cruz family, these tragedies live next to the frequent bouts of absurdity that Urrea evokes—a reminder, he says, “that people are funny. Especially in dire circumstances.”

Recounting a memory from his own childhood, fictionalized in a chapter of the book, Urrea describes how his “gangster granny” almost became a border smuggler—of a green parrot. Had one bird not awoken from its tequila-induced slumber at the very moment that grandmother and grandsons were about to drive across the border, she might have succeeded. Instead, the parrot erupted from her dress in a burst of green feathers, while the elderly woman calmly rolled down her passenger window. At that moment, Urrea writes, “two Mexican boys, a Mexican grandma, and a U.S. federal agent watched as one as the bird entered the U.S. illegally.”

The author’s humor does not diminish the daily horrors on America’s border; it merely reveals the awfulness more clearly. In Aspen, Urrea explained his choice: “Laughter is the virus that infects humanity. And if we laugh together, how can we walk away and say that person is an animal?”

At a time when the language of borders is more chilling than ever before, with mass deportations and children kept in cages, Urrea hopes more of us will consider this question.

This piece originally appeared in High Country News. Sarah Tory writes from Carbondale, Colo.

The House of Broken Angels

By Luis Alberto Urrea

Little, Brown and Company

336 pages, $27

Published in Literature

Although California can’t do much to block the Trump administration’s controversial immigration policies, opponents in the “Resistance State” keep finding ways to chip away at their foundations.

The latest: pushing the state and its Democratic leaders to cancel its business deals with, investments in, and campaign donations from private companies with federal immigration contracts:

• A group of K-12 teachers are urging their retirement system to divest from GEO Group, CoreCivic and General Dynamics.

• Some University of California students and workers are pressing the UC system to sever ties with General Dynamics Information Technology. The company helps the system administer a placement test for incoming first-year students.

• Politicians and the state Democratic Party are shedding donations from CoreCivic, operator of private prisons and detention facilities.

“I don’t think we should profit off of the lives of other people,” said Adrianna Betti, one of hundreds of teachers who are urging CalSTRS, the organization responsible for the pensions of California K-12 teachers, to divest from the private prison companies. “The concept that I’m going to retire off of this type of money—it bothers me immensely.”

Betti told a recent CalSTRS investment meeting that the organization needs to provide more transparency about its portfolio and realize they are making moral choices with their dollars.

“Nobody with a moral lens would have made this decision ever,” she said.

Amid public outcry last month, President Donald Trump backed off of his initial policy of separating undocumented parents from their children at the border. “So we’re keeping families together, and this will solve that problem,” he said. “At the same time, we are keeping a very powerful border, and it continues to be a zero-tolerance. We have zero tolerance for people that enter our country illegally.”

More than 1,800 children have been reunited with families after being separated at the border, but more than 700 still remain separated—and some of those may be in California.

The state—which Trump branded “out of control” in its immigration defiance—passed a trio of laws last year designed to make California a “sanctuary state” for undocumented immigrants who don’t commit serious crimes. Although the Trump administration sued to have the laws overturned, it has not yet been successful.

But the emotional family separations posed a particular frustration in Democrat-dominated California. Attorney General Xavier Becerra joined 17 other states in contesting the Trump administration’s “zero tolerance” policy last month, arguing in the complaint that family separation is causing severe trauma that state resources will be strained to address.

The federal government “does have the right to decide how to conduct immigration processes. They’ve done a very poor job obviously—very harshly,” Becerra said on KQED earlier this month. “We are more limited there in what we can do as far as allowing these kids to be free.”

One move the state could make: divestment. It’s a tactic that various activists have proposed against gun manufacturers, tobacco companies and fossil-fuel firms. Successes include the UC divestment effort in the 1980s against South Africa, which Nelson Mandela credited with helping bring an end to the racist apartheid regime.

CalSTRS said it is determining potential risk factors the private prison companies may post to pensions. At its meeting, investment committee chairman Harry Keiley said he’s asked the chief investment officer update the board on the issue by September.

CoreCivic said in a statement that none of its facilities provide housing for children who aren’t under the supervision of a parent, adding, “We also do not enforce immigration laws or policies or have any say whatsoever in an individual’s deportation or release.”

“We are proud that for over the past 30 years, we have assisted both Democrat and Republican administrations across the country as they address a myriad of public-policy challenges,” said the company spokeswoman Amanda Gilchrist. “CoreCivic has a strong commitment to caring for each person respectfully and humanely.”

Other educators are urging the UC system to sever ties with General Dynamics Information Technology. The University Council-AFT—the labor union that represents librarians, lecturers and other university faculty members—sent such a letter to UC president Janet Napolitano in June, who also received a similar letter from the Council of UC Faculty Associations, the umbrella organization that represents the different faculty associations at each campus.

The University of California Student Association, an organization that represents students across UC campuses, is also pressing the UC system to end its contract. “To work with a company actively taking part in the state sanctioned violence of separating families seeking asylum, and profiting from it is to be complicit in the inhumanity of their actions,” the association said in a letter to the president.

“This is still happening, and they’re not doing as much as they could,” said Stephanie Luna-Lopez, a third-year student at UC Berkeley and associate chief of community development for the Associated Students of the University of California, the student association for UC Berkeley. “We actually cannot do anything, because it’s out of our control.”

Napolitano contends that UC has contracted with the company for years; that it assured her they were providing case work for unaccompanied minors to facilitate reuniting families; and that breaking ties would be “detrimental” and “disruptive.” (Although she presided over significant numbers of deportations as head of Homeland Security in the Obama administration, Napolitano has denounced Trump’s separation policy.)

General Dynamics Information Technology has worked with the Office of Refugee Resettlement since 2000, providing casework support for the Department of Health and Human Services. It says it has no role in the family separation policy, but facilitates reunifications.

Democratic legislators and the Democratic Party have, since Jan. 1, 2017, collected some $250,000 from private-prison companies that incarcerate undocumented immigrants. Now they’re distancing themselves.

Assembly Speaker Anthony Rendon tweeted last month that he would donate campaign money received from CoreCivic to the Anti-Recidivism Coalition, which works with formerly incarcerated people to reform the justice system.

After CALmatters noted that Lt. Gov. Gavin Newsom received private prison money in his campaign for governor, an aide said Newsom donated $5,000 to the National Domestic Workers Alliance’s Families Belong Together project, which protests Trump’s immigration policies.

The California Democratic Party has also announced it will no longer accept contributions from organizations that run private prisons or other incarceration services.

“The private-prison system represents so much of what is wrong with our criminal justice system,” said CDP chair Eric C. Bauman in a statement. “Accepting donations from companies that profit from the systemic injustices and suffering that results from them is incompatible with the values and platform of our party.”

CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Published in Politics

It is 11:30 at night on our farm in the West, in a part of Colorado I’d rather not identify, and we are trying to get our grain corn harvested before a storm hits us hard.

I am running the combine, and Paco is in the tractor next to me, with his 3-year-old son sleeping on his lap. He has the boy this evening, because his wife, Lupe, is working the night shift, cleaning office buildings in town.

It is slow-going because part of the corn was laid over by a strong wind. Paco looks up at the corn streaming into the cart and smiles as if to say, “Don’t worry; things are going pretty good.”

Paco and Lupe are like many of the immigrants that people who work in agriculture have come to know over the years. Ask anyone who works the farms in the eastern Coachella Valley, and they’ll tell you the immigrants are almost all hard-working and positive, quick learners, willing to do what it takes to get the job done, and glad to have the job.

There are millions of workers like them, keeping not only agriculture but also food processing, construction, landscaping, hotels, restaurants and nursing homes functioning. It is hard to drive through the rural landscape and not see them at work. Just look around.

Like the majority of “undocumented workers,” they do the work most of us don’t want to do and don’t want our kids to do, either. They are not the terrifying, violent gang members President Donald Trump talks about and would have us believe are everywhere. But this administration now classifies all undocumented immigrants as criminals, even if all they have done is purchase an illegal permanent resident or Social Security card. Workers who obtain these readily available documents do so in order to get work and keep their employers off the hook.

These workers cross the border into the United States without legal documents because the immigration system—which has not been updated in 28 years—is broken. It has become almost impossible to get an H-2A visa (granted for temporary work, usually agricultural) or a green card (proof the process of becoming a permanent resident is under way) due to the cost, waiting time and limited number issued. The legal immigration system satisfies only about 4 percent of the needs of agriculture, for example.

Far from being a burden, the immigrants we know pay their way—and more. A 2016 study by the New American Economy, an immigration reform group, showed that undocumented immigrants in Colorado earned $3 billion, of which $114 million went to state and local taxes, while $199 million went to federal taxes. Immigrants also contribute to entitlement programs like Medicare and Social Security, though they seldom receive any benefits from them. Also, because they tend to be of working age, immigrants are 25 percent more likely to be employed than the general population. Many have been members of their communities for years and have children who are U.S. citizens.

The immigration discussion is currently focused on the fate of the young people called Dreamers, and the families who have been separated at the border—so the larger issue of a broken immigration system receives far less attention.

But this is what we need: A guest-worker program and a pathway to citizenship for longstanding members of our communities. And we need to stop deporting the heads of households who are already in the workforce. We also need to think about what would happen to our national economy if we suddenly deported 7 million to 9 million immigrants—all of them a crucial part of our workforce.

In the farm and ranch country where I live, politically diverse groups like the Farm Bureau, Farmers Union and Colorado Livestock Association, as well as my own County Ag Advisory Board, have all taken policy positions that call for comprehensive immigration reform. Yet public discussion about needed reform seems surprisingly timid and lacking in advocacy.

If you live in rural America, shouldn’t you be willing to stand up and fight for the help you need to work the land? Let’s tell the world that we need immigrants working on our places or at our processing facilities if we’re going to survive. It’s past time to cowboy up and do what’s right, even if it means accepting the stigma involved in visibly and vocally standing up for good people like Paco and Lupe.

We know these folks will be there for us and all the other farms and businesses that depend on them. So we’ve got to talk about the kind of immigration reform that allows them to work for us legally and with dignity.

George Wallace is a contributor to Writers on the Range, the opinion service of High Country News. He has ranched and farmed in the West all his life.

Published in Community Voices

A day after the Trump administration sued California over its new “sanctuary” laws, state officials pushed back hard, with Gov. Jerry Brown calling the move tantamount to “war.”

U.S. Attorney General Jeff Sessions announced the lawsuit, which he filed late Tuesday, at a police event near the Capitol in Sacramento on Wednesday. He said California leaders were scoring political points on the backs of law enforcement with immigration policies that hinder federal agents’ ability to enforce U.S. law.

“We’re simply asking the state and other sanctuary jurisdictions to stop actively obstructing federal law enforcement,” Sessions said as hundreds of protesters shouted outside. “Stop treating immigration agents differently from everybody else for the purpose of eviscerating border and immigration laws, and advancing an open-borders philosophy shared by only a few, the most radical extremists.”

Sessions accused local and state elected officials, including Oakland Mayor Libby Schaaf and state Attorney General Xavier Becerra, of promoting an extreme agenda to frustrate federal agents. Becerra, a Brown appointee, is running for election this year, as is Schaaf.

At a joint press conference with Becerra after Sessions’ announcement, Brown said he does not believe in “open borders.” The laws being challenged in the suit were carefully crafted, he said, to balance the state’s right to manage public safety with federal authority to oversee immigration. He termed Sessions’ appearance a stunt.

“This is completely unprecedented, for the chief of law enforcement in the United States to come out here and engage in a political stunt, (and) make wild accusations, many of which are based on outright lies,” Brown said—unusually strong language for a governor who has largely been cautious in his criticism of the Trump administration.

“This is basically going to war against the state of California, the engine of the American economy. It’s not wise; it’s not right; and it will not stand,” Brown said.

Sessions’ visit is the latest political salvo between the Trump administration and California, whose Legislature has favored immigrant-friendly policies. Candidates for statewide office have been jockeying to position themselves as the best representative of the “resistance state.” Becerra has sued the administration more than two dozen times on a range of issues, including the president’s travel ban and ending the Deferred Action for Childhood Arrivals (DACA) program, which allowed those brought to the country illegally as minors to remain here on a temporary basis.

In his 20-minute speech, Sessions said Schaaf, who recently tipped off the public about an imminent immigration raid, “has been actively seeking to help illegal aliens avoid apprehension by ICE (Immigration and Customs Enforcement).” That has made the job of immigration agents more dangerous, he said—as outside protesters outside chanted, “Immigrants stay; Sessions go!”

“How dare you needlessly endanger the lives of our law enforcement officers to promote a radical open-border agenda,” said Sessions, who noted that the United States annually admits 1.1 million immigrants lawfully as permanent residents.

Within hours, Schaaf posted on Twitter that Oakland’s violent-crime rates have declined in the past five years, answering Sessions’ claim that crime generally is on the rise.

The U.S. Department of Justice lawsuit asks a federal court to strike down three state laws that, among other restrictions, require employers to keep information about their employees private without a court order; mandate inspections of immigration detention facilities; and bar local law enforcers from questioning people about their immigration status during routine interactions. The most contentious law does allow state officials to cooperate with federal agents when deportation is required for those who have committed any of 800 serious crimes.

Washington, D.C., will have to show that the state’s new laws infringe on its ability to enforce immigration rules, which may be hard to do, said Kevin R. Johnson, dean of the law school at the University of California, Davis.

“Ultimately, I think the state is likely to win most, if not all, of the lawsuit,” Johnson said.

Sessions said the sanctuary laws were designed to frustrate federal authorities. “Just imagine if a state passed a law forbidding employers from cooperating with OSHA in ensuring workplace safety, or the Environmental Protection Agency for looking out for polluters. Would you pass a law to do that?”

Sessions singled out Becerra, California’s top prosecutor, for threatening to fine business owners up to $10,000 if they cooperate with ICE agents. Becerra, who delivered a private address to the police group Wednesday, said at the press conference that “California has exercised its rights to define the circumstance where state and local law enforcement may participate in immigration enforcement.

“California is in the business of public safety. We’re not in the business of deportations,” he added, repeating statements he made Tuesday evening in the wake of the federal government’s filing. “I look forward to making these arguments in court.”

Lt. Gov. Gavin Newsom, a Democrat who is running for governor, had praised Schaaf for her warning, a move Sessions said was “an embarrassment to the proud state of California.”

In a Facebook post, Newsom responded: “Jeff Sessions called me an ‘embarrassment’ today. Coming from him, I take that as a compliment. But words don't mean much when you and your family's livelihoods are on the line.”

Some other candidates for statewide office were quick to offer their views on the lawsuit. State Senate leader Kevin De León, who is challenging Dianne Feinstein for her U.S. Senate seat and wrote one of the laws at issue, told reporters the suit is retribution against a state that resoundingly rejected Trump on Election Day.

“From Day 1, California has been in the crosshairs of this president,” he said. “We are on solid constitutional legal ground, so we welcome this lawsuit.”

Labor unions and immigration-rights organizations, meanwhile, decried Sessions’ announcement. The Coalition for Humane Immigrant Rights said Washington was sowing “deception and fear mongering” to push an anti-immigrant agenda.

CALmatters reporters Laurel Rosenhall and Elizabeth Aguilera contributed to this report. CALmatters.org is a nonpartisan, nonprofit media venture explaining California policies and politics.

Published in Politics

Growing tension between California and the federal government over immigration has business owners in the crosshairs—worried about the potential effect on their enterprises, and unsure which laws they should follow.

Those in immigrant-dependent industries, such as hospitality and agriculture, say conflicting messages from the state, with its new laws to protect undocumented residents, and the federal government, which is cracking down on people in the U.S. illegally, put them in an especially tough spot.

“It’s a bit scary to be caught in the middle of a stand-off between the feds and local law enforcement,” said Sharokina Shams, spokeswoman for the California Restaurant Association.

On Jan. 2, the interim director of Immigration and Customs Enforcement said California should “hold on tight,” because he planned to send in a flood of agents and conduct more actions to counter the state’s new “sanctuary” law. That law, which took effect Jan. 1, limits local and state law enforcement agencies’ cooperation with federal authorities.

ICE also recently raided nearly 100 7-Eleven franchises across the country and arrested 21 people. If such raids happened in California, the store owners would be required under a separate law to request warrants and subpoenas.

That law, called the Immigrant Worker Protection Act, also went into effect Jan. 1. It requires that employers admit immigration officials to a worksite only if the agents have a warrant; keep workers’ confidential information private in the absence of a subpoena; and notify their workers before a federal audit of employee records takes place.

State Attorney General Xavier Becerra announced on Jan. 18 that his office would go after employers who share information about workers in contradiction of the new law. Employers could face prosecution, including fines of up to $10,000.

“We want to protect people’s rights to privacy and protect their ability to go about their business, going to work and feeding their kids,” said Becerra, an appointee (who replaced Kamala Harris when she was elected to the U.S. Senate) running for election to the office this year.

He said his announcement was prompted by rumors in Northern California that immigration agents intend to conduct workplace raids.

Immigration and Customs Enforcement says employers in California are expected to comply with federal regulations, as they have in the past, when asked to open their records for review.

The Immigrant Worker Protection Act “reflects yet another effort by the State of California to interfere with federal immigration enforcement authorities,” said Lori Haley, spokeswoman for ICE, via email. “Federal law established by the Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify the identity and work eligibility of all individuals they hire.”

Such audits protect jobs for citizens and others who are in the country legally and help battle worker exploitation, child labor and other illegal practices, Haley said.

California business owners shouldn’t be put at odds with the federal government, said GOP Assemblyman Travis Allen, who represents Huntington Beach.

“Business owners should always feel safe to cooperate with federal authorities without fear of persecution by California’s rogue attorney general,” said Allen, who is running for governor. “Business owners should never be used as pawns in the California Democrats’ ongoing war with the White House.”

He called the new law unconstitutional and likened Becerra’s threat to the Mafia silencing witnesses. The Constitution has “laid out clearly that immigration is federal, not state jurisdiction,” Allen said. “Federal law trumps state law, and Xavier Becerra knows this.”

The California Farm Bureau Federation, which represents farmers, has been reaching out to its 27,000 members to educate them about the new employer law. But officials there say they may not be able to reach everyone and worry that some may get caught unaware.

“It was a little disconcerting that the attorney general felt compelled to make a public statement to the effect that ‘we are going to fine anybody that we think might have violated the law at the max penalty’ when people make mistakes,” said Bryan Little, director of employment policy for the federation. “It would have been more helpful for the attorney general to be more informative.”

Typically, Little said, when immigration authorities decide to do an employment inspection, an employer receives a letter stating that the agency wants to audit its records, how those records should be provided and whether agents plan to show up at the worksite. That’s different from an enforcement action, when agents show up without warning to look for someone specific or to question all employees about their legal status—the kind of operation that does not happen very often.

Regardless, said Little, California law adds a layer of complications.

“Our business owners, operators and employers are caught in the middle” between ICE’s right to enforce federal law and the state’s limited-cooperation directive, he said. “It’s unfortunate.”

Restaurateur Patricia Perez, co-owner of Pho Show restaurants in Culver City and Redondo Beach, feels the pressure.

“Being in the hospitality industry, the whole social and political climate is worrisome,” she said. “Even before this, there is a lot to comply with. I don’t know what we would do.”

“The small business owner is the loser in this,” said Perez, who is also on the board of the Los Angeles Chapter of the California Restaurant Association.

Keeping up with new laws and regulations is hard enough, said Perez. Anytime a government agency shows up at a business for audits or information, employers and workers are nervous or even intimidated, and the new employment law doesn’t help, she said.

“It’s not an issue of transparency. Once a government agency asks for anything, it’s a feeling of not having a choice,” she said. “Business owners don’t always know their rights or what to do except to comply.”

California could be contradicting itself with the new employer law, according to Jonathan Turley, professor of public-interest law at George Washington University in Washington, D.C. The state weighed in on a 2012 case involving an Arizona law that required police to cooperate with immigration agents, Turley noted in a review of California’s new employer law. Kamala Harris, who was then California’s attorney general, signed a brief arguing that Arizona’s law improperly interfered with federal jurisdiction. Today, California is putting business owners in the direct path of the federal government, Turley argues, and its law could be challenged based on its own position that states should not impede federal authority.

CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Published in Local Issues

One of the most controversial issues in Sacramento this year has been what is widely referred to as the “sanctuary state” law, which will take effect Jan. 1.

It is intended to protect law-abiding immigrants from being set on a path toward deportation after interactions with local police. But in immigrant communities and elsewhere, there is confusion about how the law will work—and exactly what protection it provides.

Gov. Jerry Brown signed the measure, named the California Values Act, into law after negotiations made it more palatable to law enforcers, who had protested it initially.

Why do people call it the “sanctuary state” law when the senator who wrote it says the phrase is a misnomer?

The author, state Senate leader Kevin de Léon, a Los Angeles Democrat, and others say the label is confusing, because the term “sanctuary” has become political—a flashpoint in the immigration debate.

The phrase originated with people who took sanctuary in churches. Some undocumented immigrants continue to do so, and so far, immigration officials have not gone to places of worship to arrest them. However, just being in California does not mean immigrants have blanket protection from federal authorities. The state law sets up guidelines for California law enforcement agencies’ interactions with federal immigration authorities. Undocumented immigrants may still face deportation if they have committed crimes or are swept up in raids by federal agents at workplaces, in neighborhoods or other venues, or if they are arrested individually.

The Values Act has been called a tool for public safety, put in place to ensure that immigrants continue to feel safe cooperating with local police as reporters of crimes and witnesses in court. Some police officials, including the chief of police in Los Angeles, endorsed the law for this reason.

What does the new law actually do?

The measure erects a barrier between state/local law enforcement, and federal immigration agencies. It doesn’t completely prohibit cooperation or the transfer of certain felons to federal custody; it creates a framework for when state agencies may cooperate with federal agencies. Previously, state and local authorities could use their discretion in many circumstances.

For people convicted of certain crimes—as many as 800, identified in a 2013 law called the Trust Act—there is little protection. Those infractions range from violent crimes and other serious offenses to felony drunk driving. State and local police agencies will still be allowed to let federal immigration authorities know when individuals are to be released, and to hand them over to those agents. However, individuals cannot be held beyond their release dates even if they have committed serious crimes.

The law also allows state corrections officials to continue to work with federal immigration agencies regarding those who are incarcerated and who face deportation after serving their sentences. They will continue to communicate with federal authorities about who is in prison and their expected release dates, and will hand those individuals over to federal agents upon release.

But the new law prohibits new or expanded contracts between the federal government and local facilities to be used as detention centers. Existing contracts are allowed to continue. The law also designates all courts, schools, libraries and hospitals as safe zones—immune to immigration enforcement as long as federal law does not require arrests there.

Police and sheriff’s deputies will not be allowed to act as immigration authorities; inquire about a person’s immigration status; detain someone based only on a federal hold request; participate in arrests based on immigration status; assist immigration authorities in arrests; or transfer people to federal custody without a warrant or certain other criteria.

Does the Values Act mean immigration agents can’t deport people in California?

No. No one can claim that living in California makes them exempt from deportation. Federal authorities can conduct raids, arrest suspected undocumented immigrants and do other work separately from state and local law enforcement. In addition, they can continue to communicate with local agencies about arrestees who have committed certain crimes, and they will be able to take custody of those individuals from local lockups when they are released. Agencies, however, will not honor “hold requests” from federal immigration agencies that previously could last up to 48 hours.

Does it mean undocumented immigrants won’t be deported if they commit violent crimes?

No. Immigrants—those here both legally and illegally—are not safe from deportation under the new law. Undocumented immigrants who are convicted of certain crimes will continue to be reported to federal immigration officials for deportation. The list of relevant crimes was not included when the Values Act was originally proposed. However, Gov. Jerry Brown negotiated with de León to ensure that those who commit serious crimes—including homicide, sexual assault and theft—will not be allowed to stay, while those arrested for a minor offense will not be held for deportation.  

What will happen if a county or city does not follow the new law and allows its authorities to cooperate with immigration agents?

Local agencies that do not follow the new law could face lawsuits by advocacy groups or others for failing to uphold it, or for constitutional claims such as wrongful detention. They could also face action from the state attorney general. Some law-enforcement groups that had criticized the measure dropped their opposition when the list of excluded crimes in the new law was increased from 60 to 800.

CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Published in Local Issues

On Oct. 8, the Trump White House released a long list of demands that the president had given to Congress—demands that Trump said would need to be met in order for the fate of young undocumented immigrants, often called DREAMers, to be determined.

“These findings outline reforms that must be included as part of any legislation addressing the status of Deferred Action for Childhood Arrivals (DACA) recipients,” Trump said. “Without these reforms, illegal immigration and chain migration, which severely and unfairly burden American workers and taxpayers, will continue without end.”

The list of demands disappointed advocates of DREAMers—young men and women who could face deportation if Congress does not act.

Hadley Bajramovic is a Riverside County immigration attorney for both the Consulate of Mexico and the Consulate of Guatemala. She said the proclamation by Trump did not surprise her.

“I don’t know that it was shocking,” Bajramovic said, “but the recommendations (the Trump White House) made are very harsh from our point of view. A lot of the principles and policies that are talked about in that memo are already in place. So, for me, there are parts of it that are just a big eye-roll.

“I noticed a theme of using criminality as a scare tactic—like we aren’t protected from (immigrants). ‘We need to protect the U.S.A. from these people,’ but the protections are already there.”

Bajramovic highlighted some of the positions outlined in the White House directive that she found to be misleading and/or inflammatory.

“The administration is suggesting that the border is still porous, and it is not,” she said. “I work with people who come to the border and declare asylum or ask for protection, and also people who crossed the border illegally. In the past two to three years, I have not had anybody come to my office who recently crossed without inspection. It was very common up until about 2007-2008 that people would either cross through the desert or come in (with the help of) a coyote. Now the people I am seeing were admitted or paroled in by the Border Patrol because they established that they could be eligible for relief. So the notion that the border is still porous is wrong. Building a wall is unnecessary. It’s an unnecessary expense.”

“But what was interesting and eye-opening is that whoever drafted these policies was aware of the protections coming into place under our local laws to help undocumented people or people with immigration issues who have criminal convictions. Most recently, California passed a law that allows attorneys to submit motions to vacate criminal convictions if it can be proven that the defendant was not fully aware of the immigration consequences of accepting a plea deal. This law, California 1473.7, went into effect this past January and says that before a person can do a plea deal, they must understand what they are doing. It’s a due-process protection, and it’s fair. This memo attacks that type of due-process protection and is calling it a part of the ‘sanctuary status.’ It calls for prohibiting states or cities from giving that kind of a remedy. That’s really disturbing.

“Another point that is really important: California provides services and benefits to aliens,” Bajramovic said. “In fact, the California Department of Social Services just opened up federal funding (to access by the public) of $45 million to fund immigration relief for undocumented people. Now this memo says they want to restrict grants to states that do that.”

Megan Beaman Jacinto is a La Quinta-based immigration-rights attorney.

“I’ve seen some phases of reaction and response (among current DACA beneficiaries), beginning with the time leading up to Sept. 5, when Trump declared that DACA would be ended by executive order. There was dread mixed with terror leading up to that date—but after, it was just terror,” she said. “There was a lot of uncertainty immediately about whether that announcement meant that Immigration and Customs Enforcement would just be coming for everyone who then possessed DACA. That was the initial reaction, I think, both in the advocate community as well as the DACA-recipient undocumented community.”

Beaman Jacinto pointed out a less-obvious consequence of the Trump administration’s ongoing anti-immigration stance.

“There’s been an interesting political framing of the DREAMer community as the one, limited group of people who are deserving of immigration protection,” Beaman Jacinto said. “It’s like they were the victims of their parents (actions and decisions). I appreciate, and agree, that the group we call DREAMers should be protected, but it sort of requires that we vilify everyone else. The parents of those kids are not DREAMers, even though they came here to provide a better life for their families. And the kids arriving now are not DREAMers, because they didn’t arrive before the deadline and the passage of the DREAMer legislation. It’s an interesting and arbitrary set of guidelines that have established this one deserving group that’s received protection both from Obama’s DACA executive order and now, most likely, from the (new Trump iteration) of the DREAM Act which we think will become law, hopefully next year. If that passes, it will be really great, and a step in the right direction—but it has required throwing a lot of other people under the bus.”

“If the DREAM Act does pass, or even if it doesn’t, we need to do the right thing for other people who didn’t fall into that so-called DREAMer category—because we’re all dreamers.”

Published in Local Issues

On this week's Category 5 weekly Independent comics page: Jen Sorenson ponders the immigration fixation; The K Chronicles celebrates yet more of life's little victories; This Modern World puts on MAGA-vision specs; Red Meat calls Milkman Dan to the office; and Apoca Clips eavesdrops on a chat between the horsemen.

Published in Comics

Dear Mexican: You are a racist, my friend. How can you bring up Japanese and Chinese mistreatment, and not Irish or Jewish mistreatment? It’s because it doesn’t fit into your narrative of whitey being the vilest creature on Earth.

Worrying about language, culture and assimilation doesn’t make you a racist (even though Mexican isn’t a race, but I digress). People want to protect the melting pot of American culture. People want people to come here legally and assimilate—not forget or ignore their ancestors’ culture, but to embrace American culture.

Your race-baiting demagoguery is intellectually dishonest and a threat to the American way of life for all colors and ethnicities.

Jeff Sessions Is My Boo

Dear Gabacho: Ah, the wonders of the Internet. You no doubt found my columna from some random Google search or Google News or Stormfront or some other fake news outlet; read a couple of back issues; then surmised I hate gabachos for being white. No seas pendejo.

Again and again, I’ve brought up gabacho racism against European immigrants—whether it’s Benjamin Franklin railing against Germans, the British deeming Jews trying to enter Israel when it was still Mandatory Palestine as “illegals,” or the entirety of the Dillingham Commission report. I do love gabacho racism against “white” immigrants, because it’s proof that when idiots like you say they only want “legal” immigrants and don’t mind people holding on to the traditions of the motherland, it’s as much of a a false flag as saying Rick Bayless is a great Mexican chef.

Hate white people? The Mexican LOVES white people! Without them, tequila would’ve never become a worldwide product, and the Mexican soccer team wouldn’t have any other team to get humiliated by. It’s gabachos who ruin the United States—and if you can’t tell the difference between whites and gabachos, then you don’t know your Chris Rock.

Dear Mexican: I’ve noticed you haven’t addressed too many issues dealing with Mexican gangs in your column. Tell me what’s up with the Norteños and Sureños, and why they hate each other so much.

Aren’t all you Mexicans after the Reconquista in the first place? How did this split happen, and how does a guy like me stay out of the way in la Mission in Frisco?

Mulatto Man (Who Happens to Look Mexican)

Dear Negrito: Imagine all the power Mexicans would have if we were one unified force. Trump wouldn’t be president, for one. And we wouldn’t have all these ridiculous gang beefs that leave too many of our young dead, hooked on drugs or condemned to la vida loca.

I’m not going to get into the history of the Norteños and Sureños, because I’m sure you can find some documentary about their history on a NatGeo special, and I don’t want one side to think I favor the other side. Besides, the only gang I claim is the Gashouse Gang—look ’em up, eses.

Ask the Mexican at This email address is being protected from spambots. You need JavaScript enabled to view it.; be his fan on Facebook; follow him on Twitter @gustavoarellano; or follow him on Instagram @gustavo_arellano!

Published in Ask a Mexican

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