Sat, Nov 22, 2008

Tucson Region

Opinion by Ernesto Portillo Jr. : Many work to be sure entrants know rights

Opinion by Ernesto Portillo Jr.
Tucson, Arizona | Published: 12.09.2007
The immigration raids are coming. It's no longer a matter of if, but when.
Southern Arizona's undocumented immigrants know this. They are also getting to know their rights.
Lawyers, teachers, school counselors, human-rights groups and neighbors are educating undocumented immigrants and their U.S.-born children of their right to remain silent, their right to counsel and their right to go before a judge.
"It's ingrained in our democracy," said Margo Cowan, an assistant public defender with long immigration-law experience. "Popular culture doesn't control determination of legal status."
Popular culture today has declared undocumented immigrants criminals. In addition the vitriol heaped on them has made them scapegoats and easy targets.
And as we know from history, ours and that of other countries, the majority of people will look the other way to make it easier to detain, interrogate and deport people deemed undesirable.
The Constitution does not make the same judgment that xenophobes make. Immigration law and universal human rights give undocumented immigrants rights afforded to citizens.
"It's pretty simple. We have a Constitution that calls for it," said immigration lawyer Maurice Goldman.
Goldman is enlisting attorneys who will provide legal advice and assistance to undocumented immigrants snared in workplace raids or detained by local police. Goldman is the state chairman of the American Immigration Lawyers Association, which has created the national pro-bono program.
Across the country U.S. Immigration and Customs Enforcement, or ICE, has stepped up workplace raids and removal.
In fiscal year 2001, ICE removed 116,017 undocumented immigrants from the country. In 2007, the number jumped to 232,755 and an additional 40,534 illegal entrants voluntarily returned, according to ICE.
In Arizona, the number of people removed dropped to 39,098 in fiscal year 2007 from 42,483 in 2005.
While Arizona has largely escaped workplace raids, local police are increasingly stopping Latino motorists, inquiring about their legal status and calling immigration agents to detain undocumented immigrants, according to human-rights groups.
Border Action Network has trained people like Carmen Preciado to inform neighbors of immigration law. In her South Side home, Preciado has hosted meetings with friends and neighbors, many of whom were afraid to leave their homes in fear of being stopped.
Armed with the information, her neighbors are a little more confident knowing where their rights begin and where unlawful interrogation stops.
"We should be able to live in dignity," said Preciado, a volunteer with Border Action Network.
In the aftermath of the recent removal of two brothers from Catalina Magnet High and Doolen Middle schools, as well as the deportation of their undocumented parents, a few teachers and counselors are informing students what to say and what not to say if they are detained by police or immigration agents. Officials began investigating the family because the older student was believed to have marijuana at school.
"I inform my classes of the laws as well as their rights," said Cholla High School social-studies teacher Larry Lopez.
Immigrants, regardless of their legal status, are advised to give their name and date of birth to police and immigration agents, not to give false information and to be respectful. They also can ask for an attorney — not at government expense — and ask for a hearing before an administrative judge.
Undocumented immigrants do not have to submit to voluntary deportation. It is an administrative matter to determine legal status, said Cowan.
If a police officer inquires about their citizenship, immigrants are advised to respond, "With all due respect, you do not have authority to ask me that question."
Undocumented immigrants are learning they have legal options. And protection, too, under our Constitution.
● Contact columnist Ernesto Portillo Jr. at 573-4242 or eportillo@azstarnet.com. His blog is at go.azstarnet.com/blogs.