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Comprehensive Immigration Reform: A presentation by Rev. John L. McCullough, Executive Director & CEO of Church World Service
Rev. John L. McCullough
Photo: CWS
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To the New Jersey Council of Churches
Hazlet, New Jersey
Justice and compassion
The Guarani are part of the larger population of indigenous people in the Chaco Region of South America. Like other indigenous groups in this region, they are caught in a desperate and perhaps epic battle to hold onto ancestral lands. For them, it is a land rights issue that pits traditionalism vs. modernity. Traditionalism in that their only real claim to the land is family heritage passed on from one generation to another. Modernity, because the government demands proof of legal title, its way of dispossessing a people in the interest of selling the rights to multi-national corporations seeking control over the mineral resources buried deep in the soil. For the Guarani to win means the opportunity to grow and develop as a people; for them to lose means the end of a way of life.
The Guarani are largely a migrant people, forced by circumstance -- sometimes natural, sometimes unnatural -- to move from one part of the region to another. It was a long, hot, and dusty ride to reach the location of one of these communities. Their environment was stark contrast to the plush green mountains that had dominated the landscape of Bolivia. But here, the land was not plush; here there was barely any vegetation; here water was at a steep premium. It was a small community, I guess as many as a hundred, a series of families mingled together by tradition and circumstance. My sixteen year old daughter could not conceal her grimace when she heard one of the elders of the community say that girls as young as thirteen are no longer allowed to continue their education, forced to become just another bride in an already polygamous family. Her eyes fixated on her Guarani sisters and their fate; and her heart was perplexed by how the circumstances of birth and location could make such an enormous difference in one's life.
The men who were the leaders of the community, were also the teachers -- the ones who told the girls they were no longer welcomed in the make-shift hut made of branches and mud they called a school -- the same ones who then claimed the girls and sentenced them to premature womanhood. The boys, also barely clad and shoeless witnessed this dynamic day after day, fetching water from a polluted river, hunting or fishing for food; knowing intrinsically that there has to be another way, a better way of life for them and their sisters, but either not knowing how, or not having the means to get there.
For me it was not so much a matter of judging whether this way of life was good or not, right or wrong. Clearly, I have my personal feelings about it. But at that particular moment it was about recognizing the deeply troubling circumstances under which so many of the world's people still labor -- four billion people barely straining to survive under the weight of absolute poverty. I needed to be disturbed by the reality and injustices of systemic political and economic oppression; systems -- no, that's too easy because "systems" can feel distant, absolving us of personal responsibility – its about people choosing to cheat other people, failing to honor one another's humanity, keeping the majority mired in poverty and hopelessness, rather than using the power of public resource to help lift people out of poverty.
In a world of so much wealth and knowledge, why is it that so many don't have real schools with real resources and real teachers, real health clinics with trained health professionals? Why is it that girls lose the innocence of their youth, that parents lack the means to offer their children a more hopeful future; that even the simplest and most basic things like clean water, a healthy diet, and shoes remain seemingly unattainable goals?
The American people today have reached a most interesting and I dare say critical cross-section in history. A war in Iraq has wounded the confidence and hope of many who now ponder the fate of democratic government when Presidential power demonstrates callous disregard for the voice of the people and the principles of representative government. In the backwoods of Mississippi, to the Crescent City that once was a sprawling New Orleans, to Greenberg, Kansas; entire communities lay in ruin tormented by tornadoes and hurricanes. What does it mean when government lacks the vision, the will, and even the commitment to rebuild the city, or the fortitude it takes over the long haul to help people rebuild their lives?
In the case of New Orleans alone, more than two hundred thousand of its citizens have migrated to other locations across America. Many would like to return to the place they used to call home, but they can't. They can't because there isn't sufficient housing available, they can't because there aren't enough schools open to educate their children; they can't because the health and hospital system is on the verge of collapse; they can't because there are not enough jobs to provide sufficient income for their families. So they left, in search of a better life, in search of a place of hospitality, hoping to find compassion and justice.
A nation of immigrants
President John F. Kennedy once called America "a society of immigrants, each of whom had begun life anew, on an equal footing. This is the secret of America: a nation of people with the fresh memory of old traditions who dare to explore new frontiers...."
It was this statement that led not only to the rather popular characterization of the United States as a nation of immigrants, but which also stimulated a long-standing and often times difficult discussion about America's values, priorities, and responsibilities with respect to each other and to the larger world. Some argue that the United States is no more a nation of immigrants than any other nation. Others contend that over the course of our entire national history only some 45 million immigrants can be counted, whereas more than 900 million citizens have been born here since independence.
What is the genesis of this still young American republic? Has America been overcome by a new form of the isolationism of the 1920's -- where policy was based on avoidance of entangling alliances and protectionism, preventing trade and cultural exchange with other nations -- the theory that we as a nation can be protected today, not so much by oceans, but by our technological advances and wealth? Or, is the genesis a recasting of the mythical melting pot of different races, cultures, and traditions making for a unique blend called America?
"...whence came all these people? They are a mixture of English, Scotch, Irish, French, Dutch, Germans, and Swedes... What, then, is the American, this new man? He is neither an European nor the descendant of an European; hence that strange mixture of blood, which you will find in no other country. I could point out to you a family whose grandfather was an Englishman, whose wife was Dutch, whose son married a French woman, and whose present four sons have now four wives of different nations. He is an American, who, leaving behind him all his ancient prejudices and manners, receives new ones from the new mode of life he has embraced, the new government he obeys, and the new rank he holds.... The Americans were once scattered all over Europe; here they are incorporated into one of the finest systems of populations which has ever appeared."
I raise the question of our nation's ideological genesis because a big part of the cross-section in which the American people find themselves today is the matter of immigration reform. It is an issue largely stimulated by the presence of some eleven to twelve million illegal immigrants scattered across this country and the public's discourse of what should be their fate -- should they be deported, or should they be allowed to culturally assimilate. And if the latter, should they adapt, or as a result of their presence should all of us assimilate into a new definition of what it means to be an American?
For some it is about the state of American hospitality and fairness, even if these immigrants violated the law by entering the United States illegally. Are they or are they not entitled to a more compassionate response; and, how shall we respond to people like the Guarani, parents who flee the dire circumstances of their local community in the interest of finding a better path for their family; children who choose a different tradition, who risk their lives to go to a place where they hear humanity is honored and where there is the greater possibility of one fulfilling ones hope's and dreams? For others, it is an issue of what should be done about sealing porous borders, not so much from the threat within, but from the terrorist threat from beyond the United States.
As people of faith, we are challenged to reconcile the differences -- the differences of perspective as to why so many have fled to America for prosperity and personal peace; the differences between those who want them to stay, and those who want them to leave; the differences between those who value the diversity that immigration brings to our American mosaic, and those who wouldn’t mind the melting pot becoming a lot less colorful and a bit more bland.
In Church World Service, I often talk about principled leadership. That means, for any problem that we are trying to solve we must find the principles that will guide our efforts. When it comes to immigration reform these are our principles:
- The equitable treatment of all human beings
- Maintaining national security
- Preserving our country's legacies of welcoming the stranger
- Treating all people with dignity and respect.
These are the principles that should guide our discussion, and must be held in the balance for the decisions we make, as we determine what is right and what is simply wrong.
We call for reform that will:
- Improve our family-based immigration system to significantly reduce waiting times for separated families who currently wait many years to be reunited.
- Create legal avenues for immigrants to safely and legally work in the United States, with their employee rights fully protected. Reforms should increase the accessibility of legal ports of entry and repair the administrative backlog of immigration applications that prevents people who want to enter the country legally from doing so in a realistic timeframe. With these mechanisms in place, the border patrol would be able to focus solely on threats to national security.
- Provide an opportunity for earned legalization for all persons who already contribute to our economy through social security, sales tax and other mechanisms and dedicate themselves to learning English, working and paying taxes. We do not support blanket amnesty, but instead call for earned legalization as a necessary way to keep families together, remedy the abuse of undocumented workers and enhance governmental awareness of those living in this country.
- Implement smart, targeted enforcement, not fences. Our national security should be enhanced through workplace enforcement, more accessible legal ports of entry and earned legalization, rather than policies that have failed in the past such as fences and the militarization of the border. Legislators should also recognize that some employers encourage illegal immigration in order to abuse undocumented employees. Reforms should enable employers to verify applicants’ immigration status and hold them accountable for hiring undocumented workers.
- Mandate that domestic law enforcement agencies ensure the safety of all persons, rather than attempt to serve as immigration enforcement, which hinders justice for immigrants and citizens alike and can result in criminals targeting immigrants who will not report crimes due to fear of deportation. Also, reforms should protect and not punish individuals and organizations acting as Good Samaritans to help people without regard to their immigration status.
- Safeguard asylum seekers by ensuring them a fair legal process without penalizing them with increased, unnecessary bureaucracy.
When we talk about the United States being a "nation of immigrants" it should include recognizing that part of our national heritage and identity is the spirit of hospitality extended to suffering peoples throughout our national history. This did not stop when the world recovered from World War II. We have seen the pervasive evidence of this heritage following wars in Southeast Asia, and with people fleeing repressive régimes in Africa. And it continues today.
It does not mean that we should seek to be a national population dominated by immigrants, but it does mean that there are and will continue to be times in our history when we must intentionally exercise hospitality to those whose circumstances are such that they feel they must take the risk, even of death, in order to embrace freedom from persecution and oppression.
Why is reform needed?
Immigration legislation must take into account the lives of over fifty million American families impacted by border policies; economic and trade repercussions; the feasibility of reform and costs associated with its implementation; and the impact it will have on both domestic and international political climates. What we need is a more comprehensive immigration reform bill that will be just, humane and compassionate.
The goal must not be the deportation of these illegal immigrants in question provided they have not violated the law other than their illegal entry; instead the goal must be the effective integration, acculturation, and assimilation of those for whom the desire is to stay. This means developing policies and processes that makes citizenship attainable within a reasonable amount of time: registration, issuing of work permits, eligibility to open bank accounts, labor protection, fair wages, access to public education, and certification in the English language.
Immigrants must be given the opportunity to be reunited with their immediate/ nuclear family. America is a society in which the family is valued. Paraphrasing a NY Times editorial, no one should be forced to choose between their loved ones and the law.
Secure our borders, yes, but do not equate illegal immigrants with potential terrorists. America can and should protect its security, but at the same time remain faithful to its principles.
Nor should legalization of immigrants from the southern part of the Americas come at the expense of opportunities for refugees and asylum seekers from other continents to also find hospitality in the United States.
The Garden State
New Jersey and its communities must maintain a commitment to welcoming immigrants of all statuses by creating safe spaces for them.
According to the census figures, New Jersey has the fifth largest immigrant population in the US. New Jersey hosts immigrants not only in large urban centers, but also in rural communities in the southern and northwest regions of the state, in beach resorts, and in suburban towns. Immigrant communities have brought new energy, diversity, economic development, labor, and strength to the State.
Yet, things aren't going smoothly. Under the current atmosphere of the increased national security concerns, the state of New Jersey expelled day laborers in Freehold, NJ from their hiring site, and threatened them with arrest and deportation should they gather there to seek work. New NJ Motor Vehicle Commission regulations have restricted immigrants' access to driver's licenses, forcing many to drive illegally. The state empowers its troopers to act as immigration agents. The police force is neither trained nor equipped to conduct such operation(s). In spite of the tireless efforts by local advocates, New Jersey has not yet adopted an "in-state tuition" bill to allow undocumented immigrant students to pay the same in-state tuition rates as their classmates. Local employers take advantage of the undocumented workers by hiring them to do the work others wouldn't do for wages way bellow the legally mandated minimum pay, or release them from employment just before their pay day. One could say that employment-related exploitation of immigrants is an every day occurrence in some areas of New Jersey.
A lot of discussions have been had around the possibility of the creation and implementation of the "Comprehensive Immigration Reform." While the debate itself is absolutely necessary and well overdue, the proposed course of action falls short of delivering much to the "willing foreign workers" and caters mostly to the "willing American employers," to quote the President. Unfortunately, many American employers are willing precisely because the workers lack legal status. This way, they have a steady supply of laborers who are "willing" to put up with long hours, low wages, unsafe and unhealthy conditions and zero benefits, and whose day-to-day fear of deportation keeps them from enjoying their workplace rights and leaves them vulnerable to unimaginable abuse and exploitation. Some prominent immigrant advocates have compared President Bush's proposal with the notorious "Bracero Program," which some have called the equivalent of "legalized slavery." Ultimately, as the case is nation-wide, the biggest flaw in this proposal is that it lacks a real path to permanent legal status in the United States for undocumented immigrants.
Furthermore, undocumented immigrants in New Jersey have difficulties opening bank accounts forcing them to carry all of their hard-earned cash on their person at all times, which has, in more than a few instances, made them a target of violent crimes. The irony is that undocumented immigrants chose not to contact the police for the fear of being thrown in jail and deported, which makes them a perfect target for thugs praying on the most vulnerable. Police often acknowledges the occurrence of such acts but can't do much about it.
I mentioned national security earlier. All of us want to live in peace, but none of us should be expected to sacrifice or accept violations of our human rights in the process. In the aftermath of 9/11 and the environment of fear of anything different and foreign promoted by some, immigrant populations have suffered greatly. In New Jersey alone, some 1,200 immigrants are being held in half a dozen county jails and the Elizabeth Detention Facility. Most of these people are individuals who have overstayed their visas or are otherwise not in legal status in the US. But many are asylum seekers (the US immigration law separates "refugees" from "asylum seekers" based on the place where their status is determined -- technically, one can not obtain "refugee" status in the US -- that has to be done overseas) fleeing persecution in their native countries, only to find themselves arrested at U.S. airports and ports or while driving on the Garden State Parkway. Most have families, jobs and community ties in New Jersey. They are neighbors, friends, colleagues or even family members.
Unfortunately for many of them, the religious freedom they expected to enjoy here has proven to be an unfulfilled dream. This is particularly true for Muslims, Arabs and South Asians, who are the focus of the Bureau of Immigration and Customs Enforcement (of DHS) immigration enforcement efforts since Sept. 11. The facts however show that the vast majority of undocumented immigrants come from other places. Although by law immigrant detainees have the same rights to religious practice as incarcerated U.S. citizens, they are often treated at will of prison and jail officials. To illustrate that -- on Oct.17, 2006, the Passaic County Jail suddenly decided to stop serving halal and kosher meals, prompting a hunger strike of some 20 immigrant detainees. Only after public pressure did jail officials lift the ban and make the meals available again.
While having committed no crime, immigration-related detainees don't even enjoy the legal protections afforded to criminal defendants. Immigrant detainees do have some due process rights under the Constitution, but they do not have a right to counsel like criminal defendants. This means that immigrants who cannot afford a lawyer usually go through deportation hearings without representation, often without understanding the language or the law, and often without knowledge of the charges against them. Having a lawyer can make the difference between deportation and staying in the United States, which for some is a life-or-death matter.
As Christians we deal with the further complexity of our faith. Do not neglect to show hospitality to strangers, for by doing that some have entertained angels without knowing it [Heb. 13:2] ...hospitality to strangers ...entertaining angels unawares.
[Excerpts taken from Strangers No Longer, Together on the Journey of Hope, A Pastoral Letter Concerning Migration From the Catholic Bishops of Mexico and the United States.
Since the founding, the United States has received immigrants from around the world who have found opportunity and safe haven in a new land. The labor, values, and beliefs of immigrants from throughout the world have transformed the United States from a loose group of colonies into one of the leading democracies in the world today. From its founding to the present, the United States remains a nation of immigrants grounded in the firm belief that newcomers offer new energy, hope and cultural diversity.Our common faith in Jesus Christ moves us to search for ways that favor a spirit of solidarity. It is a faith that transcends borders and bids us to overcome all forms of discrimination and violence so that we may build relationships that are just and loving.
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