Monday, May 22, 2006

Final Presentation Handout

ES 4: Chicano Culture
Final Presentation Handout

For your final presentation, you will prepare an outline describing your culture (yes, your personal culture) and how race/ethnicity, class, and gender have influenced your own cultural production. You must first give a definition of culture and then provide some personal examples. (Do not include anything that you don’t want others to know).

Your outline should look like this:

1. Culture is:

2. My Culture is:

3. How race/ethnicity, class, and gender have influenced my culture?

A. Race/Ethnicity:

B. Class:

C. Gender:

4. Finish the following statement, “we are conditioned but not determined, that’s why my culture…”

One way to think about this assignment, is by paying attention to the three main components of culture: values/beliefs, norms and traditions, and objects. So, what do you believe and what does your background and social reality have to do with it? What are your norms and traditions, and what do they have to do with your background and social reality? What objects you use and what do they have to do with your background and social reality? Culture is also about what you do and what you like.

For question number four, think about how you have created your own culture. If you have brothers and sisters you might have different beliefs and values, different taste in music, different views about gender roles, etc. Meaning that just because you are from a certain ethnic group, it does not mean that this determines what your culture will be, although it does have a big influence. It also means that you can challenge ‘norms,’ such as dominant culture’s expectations on what women should or should not do, or how people should or should not dress, etc.

Sunday, May 21, 2006

La Sexta Declaracion / The Sixth Declaration

For those of you who are presenting on the Sixth Zapatista Declaration, you can click on the following links for the full text. Notice English and Spanish versions:

English:
Sixth Declaration

Spanish:
La Sexta

Please read the entire Declaration and be ready to present Thursday.

Peace with dignity.

Tuesday, May 09, 2006

Borderlands Questions

Borderlands/La Frontera
Student Response Questions

1. What are the physical borderlands Gloria Anzaldúa talks about? What are the psychological borderlands?

2. How is the concept of Aztlan (as the U.S. South West) different than Anzaldúa’s concept of the borderlands? Where do Chicanos belong?

3. Who are self-identified Chicanas? Why does Anzaldúa and Cherrie Moraga prefer this term over Mexican-American or Hispanic? (They do use Mexican)

4. Who is a Mestiza? What cultural and political significance does Anzaldúa’s claim to indigeneity have?

5. How does Anzaldúa knows what she knows? What are her sources? How does she create theory and the “methodologies of the oppressed”? Think of how she uses Mesoamerican cosmology (knowledge, spirituality, etc), personal history, Chicano and Mexican history, feminism, etc.

6. What is the Coatlicue State? What is its significance for Anzaldúa?

7. What is the importance of language for Anzadúa? What is the connection of language and identity in Anzaldúa’s work? Why does she claim to have a “wild” and ‘forked’ [split] tongue?

8. What is “la facultad” and how does it allow the oppressed to survive?

9. What is ‘la consciencia de la mestiza/the new mestiza consciousness’? How does it relate to both culture and political identity?

10. What is Anzaldúa’s project for society? What solutions or visions does she present? How is it similar or different to popular ideas of “multiculturalism”? How is her conception of peoplehood different than the 60s’ Chicano nationalism?

11. What do you make of Anzaldúa’s concluding statement on page 113?

Friday, May 05, 2006

WASHINGTON POLICIES DRIVE MIGRANTS NORTH TO SEEK WORK

(MSN editorial submitted to Chicago Tribume, 5/5/06. We encourage you t use this editorial or to submit simular one to your local editorial page.)

The immigration experience is not for the faint of heart. Young men and women, from Mexico and further South make the often painful decision to leave their families with a strong possibility that they won’t see each other again for years. If a mother or father dies, if a brother gets married, if a sister gives birth, there’s no opportunity to share the experience with other family members.

Just looking at migration from Latin America, the cost of crossing the border has skyrocketed in recent years - $2,500 for Mexicans and as much as $20,000 for South Americans. This means assuming a substantial debt, a kind of indentured servitude very similar to slavery. Even after spending these princely sums, the border crossing is dangerous. On average, someone dies every day in the attempt, usually of heat exhaustion or dehydration. We hear that young women often take birth control pills before leaving in the expectation that they will be raped during the journey. And when migrant workers finally arrive in the US, they live under constant fear of deportation. Those that find work end up with below minimum wage jobs and are the target of fraud, unfair work practices and abuse.

So if the process is so difficult and the results are so unrewarding, why do undocumented workers come to the US? Because they have no choice - the very survival of families back home depends on the income from undocumented workers in the US. And when it comes down to questions of survival, nearly any loving, responsible family member would make the same sacrifices and the same decisions.

Why aren’t there options South of the border? Much of the problem stems from policies implemented in Washington that directly impact people throughout the South. The majority of undocumented workers come from Mexico, and the relationship between policies devised in DC and the decisions by Mexicans to migrate is very clear.

When Mexico experienced debt crises in 1982 and 1994, two different US administrations developed “rescue” packages worth billions of dollars. Rather than allowing investors to take the hit for their bad investment decisions, the debt was socialized, a form of corporate welfare dictated by the US Treasury Department. Private investors and US bankers got their money and the Mexican ruling class escaped virtually unscathed, while millions of Mexican workers will pay the bill for generations to come. About a quarter of Mexico’s federal budget each year goes to debt payments, leaving no funds for investments to create jobs. And the interest rates are double or triple what the US pays for international loans.

Equally important, the debt crisis essentially gave control of Mexico’s major economic decisions to the US Treasury Department via a series of Structural Adjustment Programs negotiated with the International Monetary Fund and bilateral agreements negotiated directly with the US. Structural Adjustment turned Mexico into an export platform. Corporations make use of cheap labor and lax environmental regulations to produce for the US market. Today about one-third of everything produced in Mexico is exported, and 90% goes to the US market. Most of the major producers are US-owned firms who also send profits back home, leaving little income for investment. Equally important, export-oriented industries don’t have the internal multiplier effect that production for internal consumption affords. Since the goods that are produced in Mexico aren’t consumed in Mexico, the consumer motor that drives the US economy is absent. Production for export at these levels deforms the economy, leaving it on a constant treadmill, producing for export to earn dollars to pay off the international debt, while leaving the economy in a constant state of low growth as profits and debt payments are quickly sent north of the border.

NAFTA also has a decisively negative impact in Mexico, driving nearly three million farmers off their lands.

Corn is the most important crop in Mexico. About 18 million people depend largely on corn production for their survival, and corn provides about half of the caloric intake of a typical campesino diet. When NAFTA forced Mexico to lower protective tariffs and flooded Mexico with US grown corn (all agricultural tariffs are schedule to end in 2009), and the price of corn dropped drastically. Small farmers were no longer able to compete. Before NAFTA, these same farmers sold excess production in local markets, providing their only source of cash income for medicines, tools, and school supplies – anything they couldn’t produce themselves.

NAFTA forced millions of Mexican farmers to abandon their fields and look for another source of income as migrant workers. The export sector was supposed to provide these jobs, but these jobs are poorly paid (averaging around a dollar an hour), difficult, and, most importantly, insufficient to cover the demand. Now as a direct effect of NAFTA they have to look elsewhere for that income, and immigration is the only available alternative.

Comprehensive immigration reform requires a comprehensive look at the causes of immigration.

Obviously the Mexican government is not without blame and the Mexican people need to hold their government accountable for its economic decisions, but until Washington accepts its role in causing undocumented immigration and re-thinks NAFTA and its other so called “free trade” agreements, there is little chance for anything but band-aid policies that will not fix the problem and migration to the US will only increase.

Mexico-US Solidarity Network
www.mexicosolidarity.org

Thursday, March 23, 2006

Articles

State's low school spending yields few college graduates
STUDY IDENTIFIES ROADBLOCKS; EXTRA HURDLES FOR POOR MINORITIES


By Becky Bartindale
Mercury News


California sends a lower percentage of its seniors to in-state public four-year universities than any state but Mississippi -- and a report released Wednesday offers an explanation.

Topping the reasons: a shortage of high school counselors, adequately trained teachers and college-prep classes -- largely caused by one of the lowest levels of educational spending in the nation.

The study concludes that these roadblocks to college are present in every corner of the state -- including Santa Clara County. But they are the most prevalent in schools serving high percentages of poor minority students.

The study is the first to allow Californians to see how their schools fare in terms of having some of the most basic resources that influence whether students go on to college, its authors said. (Detailed, searchable information is available at www.ucla-idea.org.) It focuses only on students entering University of California and California State University campuses because the data was readily available and those schools are the main destination for the state's students who attend four-year schools.

``So many students begin high school saying they want to go on to college,'' said Professor Jeannie Oakes, one of the principal researchers and director of the Institute for Democracy, Education and Access at UCLA and the UC All Campus Consortium on Research for Diversity. ``Whether or not they do should be a matter of their decision, rather than being in a school with such a weak college-preparatory infrastructure that the decision is taken away from them.''

At the heart of the problem, concludes the study, is a failure to invest in education.

California is among the states with the highest per capita personal income in the country -- it ranks 11th -- yet when spending is adjusted for regional cost of living differences, it ranks 43rd in education spending, according to the report.

The study found tremendous differences among legislative districts in different areas of the state.

For example, the Midpeninsula region of the Bay Area shows the largest concentration of legislative districts sending the most students to California public universities, said study author John Rogers, associate director of UCLA's Institute for Democracy, Education and Access. Those districts also spend more money per student than the state average, Rogers said, and in some cases, more than the national average.

Among the study's findings:

• Only one-eighth of the California students who entered the class of 2004 as ninth-graders enrolled in one of the state's public four-year universities.

• California has the lowest ratio in the nation of high school students to counselors -- an average of 1-to-790 compared with 1-to-284.

• California's average high school class size is 21 students per teacher, though many classes are much larger. The national average is 15 students per teacher.

The study did not consider attendance at the state's private colleges or two-year colleges. While more California high school graduates attend community colleges than anywhere else, Oakes said the statewide transfer rate to four-year colleges is relatively low.

The lack of qualified teachers and not having enough counselors and college-prep courses is particularly acute in poor districts with large minority populations, Rogers said.

``Counselors are particularly important when we think about immigrant students whose families are not familiar with the California and U.S. higher education systems,'' he said.

Even without major infusions of money, Rogers said, there are things school districts can do to point more students toward college.

He praised the San Jose Unified School District's ``bold move'' to require all students to take college-prep courses to graduate, calling it a good model for other districts.

Contact Becky Bartindale at bbartindale@mercurynews. com or (408) 920-5459.

© 2006 MercuryNews.com and wire service sources. All Rights Reserved.
http://www.mercurynews.com

Educational System Fails Chicana and Chicano Students at Every Level


Date: March 22, 2006
Contact: Letisia Marquez ( lmarquez@support.ucla.edu )
Phone: 310-206-3986

Faced with dismal high school and college graduation rates for Chicana and Chicano students, educators, policy-makers, community leaders and other stakeholders must do more to increase the number of Chicanos attaining high school, college and graduate degrees, according to a UCLA Chicano Studies Research Center report.

Out of 100 Chicana and Chicano students who start elementary school, only 46 graduate from high school, eight receive a bachelor's degree and only two earn a graduate or professional degree, according to statistics based on 2000 U.S. Census Bureau and other educational data sources. Less than one Chicana and Chicano of the 100 earns a doctorate.

In contrast, of every 100 white elementary school students, 84 graduate from high school, 26 graduate with a bachelor's degree and 10 earn a professional degree, researchers said. Compared with other major racial and ethnic groups, Chicanas and Chicanos, who are the fastest growing segment of the student population in California and all major cities west of the Mississippi, have the lowest educational attainment of any group.

"Education is a crucial determinant for success in our society," said co-author Daniel Solórzano, a UCLA professor of education and the center's associate director. "What we see happening for Chicanos and Chicanas, however, is that they drop, or are pushed, out of the educational pipeline in higher numbers than any other group. While it is easy to blame the students, the responsibilities reside in the educational system itself."

Solórzano and Tara J. Yosso, an assistant professor of Chicana and Chicano Studies at the University of California, Santa Barbara, and a visiting scholar at the UCLA center, identified several conditions that impede the flow of Chicanas and Chicanos through what researchers termed "the educational pipeline."

"The educational system is clearly failing Chicana and Chicano students at every level," Yosso said. "We can no longer ignore these blatant inequalities. It is of extreme importance to address these issues now."

The researchers recommended focusing on three critical transition points: priming Chicana and Chicano K-12 students for college, community college students for transfer, and university undergraduates for graduate school.

Researchers cited various reasons for the disparities at each educational level. In urban, suburban and rural communities across the United States, Chicana and Chicano students usually attend racially segregated, overcrowded schools. Within poorly maintained facilities, students are often enrolled in classes where undertrained, undercredentialed faculty attempt to teach with minimal resources. Far too many Chicanas and Chicanos continue to be "tracked" into remedial or vocational programs. Rather than addressing structural inequities along the K-12 pipeline, schools continue to rely on standardized curriculum and high-stakes assessments, which yield statistically unreliable, inappropriate measures of student knowledge.

According to the researchers, the community college transfer function also is failing. In California, 40 percent of Latinos who enroll in community colleges aspire to transfer to a four‑year college or university. However, less than 10 percent of these students reach their goal of transferring to a four-year college.

"This is a tremendous talent loss to the state of California and the nation," Yosso said.

Once at a four-year university, Chicana and Chicano college students tend to experience higher levels of stress than other undergraduate students. They generally balance schoolwork with off-campus employment, which limits the students' time to speak with professors during office hours, ask an academic counselor for guidance, or participate in academic enrichment, tutoring or research programs.

The report further notes that Chicana and Chicano students often describe graduate school as a place where they feel invisible. Most graduate programs tend to be racially exclusive with predominately white students, faculty and curricula that omit Chicano histories and perspectives.

Solórzano and Yasso also made specific recommendations such as:

-Increase access to academic enrichment at K-12 levels including GATE and honors and AP classes.

-Make basic college entrance requirements the "default" curriculum accessible to all high school students.

-Decrease the overreliance on high-stakes, inappropriate testing and assessment.

-Train bilingual, multicultural educators to challenge cultural-deficit thinking and to acknowledge the cultural wealth of Chicana and Chicano student, their families, and communities.

-Reach out to parents as educational partners including making them aware of their rights to opt out of vocational programs and inappropriate standardized testing and opt in to English Language Learner support and academic enrichment programs.

As a first step in addressing these educational disparities, the UCLA center will host "The

Latina/o Education Summit — Falling Through the Cracks: Critical Transitions in the Latina/o Educational Pipeline" on March 24 on the UCLA campus. Los Angeles City Councilman Jose Huizar, who also is past president of the Los Angeles Unified School District board, will give the keynote address at the event.

"What makes this conference unique is that it brings together stakeholders in looking at the entire educational pipeline, not just one segment," said Carlos Haro, the center's assistant director and one of the conference organizers. "Our goal is to facilitate a more comprehensive dialogue about public education, especially in a city where nearly three-quarters of the students are Latino."

The event also will bring together policy-makers, educators, researchers and students. More information can be found at http://www.chicano.ucla.edu/center/events/default.htm.

-UCLA-

Article published Mar 20, 2006

Plight Deepens for Black Men, Studies Warn


By ERIK ECKHOLM
New York Times


BALTIMORE Black men in the United States face a far more dire situation than is portrayed by common employment and education statistics, a flurry of new scholarly studies warn, and it has worsened in recent years even as an economic boom and a welfare overhaul have brought gains to black women and other groups.

Focusing more closely than ever on the life patterns of young black men, the new studies, by experts at Columbia, Princeton, Harvard and other institutions, show that the huge pool of poorly educated black men are becoming ever more disconnected from the mainstream society, and to a far greater degree than comparable white or Hispanic men.

Especially in the country's inner cities, the studies show, finishing high school is the exception, legal work is scarcer than ever and prison is almost routine, with incarceration rates climbing for blacks even as urban crime rates have declined.

Although the problems afflicting poor black men have been known for decades, the new data paint a more extensive and sobering picture of the challenges they face.

"There's something very different happening with young black men, and it's something we can no longer ignore," said Ronald B. Mincy, professor of social work at Columbia University and editor of "Black Males Left Behind" (Urban Institute Press, 2006).

"Over the last two decades, the economy did great," Mr. Mincy said, "and low-skilled women, helped by public policy, latched onto it. But young black men were falling farther back."

Many of the new studies go beyond the traditional approaches to looking at the plight of black men, especially when it comes to determining the scope of joblessness. For example, official unemployment rates can be misleading because they do not include those not seeking work or incarcerated.

"If you look at the numbers, the 1990's was a bad decade for young black men, even though it had the best labor market in 30 years," said Harry J. Holzer, an economist at Georgetown University and co-author, with Peter Edelman and Paul Offner, of "Reconnecting Disadvantaged Young Men" (Urban Institute Press, 2006).

In response to the worsening situation for young black men, a growing number of programs are placing as much importance on teaching life skills like parenting, conflict resolution and character building as they are on teaching job skills.

These were among the recent findings:

¶The share of young black men without jobs has climbed relentlessly, with only a slight pause during the economic peak of the late 1990's. In 2000, 65 percent of black male high school dropouts in their 20's were jobless that is, unable to find work, not seeking it or incarcerated. By 2004, the share had grown to 72 percent, compared with 34 percent of white and 19 percent of Hispanic dropouts. Even when high school graduates were included, half of black men in their 20's were jobless in 2004, up from 46 percent in 2000.

¶Incarceration rates climbed in the 1990's and reached historic highs in the past few years. In 1995, 16 percent of black men in their 20's who did not attend college were in jail or prison; by 2004, 21 percent were incarcerated. By their mid-30's, 6 in 10 black men who had dropped out of school had spent time in prison.

¶In the inner cities, more than half of all black men do not finish high school.

None of the litany of problems that young black men face was news to a group of men from the airless neighborhoods of Baltimore who recently described their experiences.

One of them, Curtis E. Brannon, told a story so commonplace it hardly bears notice here. He quit school in 10th grade to sell drugs, fathered four children with three mothers, and spent several stretches in jail for drug possession, parole violations and other crimes.

"I was with the street life, but now I feel like I've got to get myself together," Mr. Brannon said recently in the row-house flat he shares with his girlfriend and four children. "You get tired of incarceration."

Mr. Brannon, 28, said he planned to look for work, perhaps as a mover, and he noted optimistically that he had not been locked up in six months.

A group of men, including Mr. Brannon, gathered at the Center for Fathers, Families and Workforce Development, one of several private agencies trying to help men build character along with workplace skills.

The clients readily admit to their own bad choices but say they also fight a pervasive sense of hopelessness.

"It hurts to get that boot in the face all the time," said Steve Diggs, 34. "I've had a lot of charges but only a few convictions," he said of his criminal record.

Mr. Diggs is now trying to strike out on his own, developing a party space for rentals, but he needs help with business skills.

"I don't understand," said William Baker, 47. "If a man wants to change, why won't society give him a chance to prove he's a changed person?" Mr. Baker has a lot of record to overcome, he admits, not least his recent 15-year stay in the state penitentiary for armed robbery.

Mr. Baker led a visitor down the Pennsylvania Avenue strip he wants to escape past idlers, addicts and hustlers, storefront churches and fortresslike liquor stores and described a life that seemed inevitable.

He sold marijuana for his parents, he said, left school in the sixth grade and later dealt heroin and cocaine. He was for decades addicted to heroin, he said, easily keeping the habit during three terms in prison. But during his last long stay, he also studied hard to get a G.E.D. and an associate's degree.

Now out for 18 months, Mr. Baker is living in a home for recovering drug addicts. He is working a $10-an-hour warehouse job while he ponders how to make a living from his real passion, drawing and graphic arts.

"I don't want to be a criminal at 50," Mr. Baker said.

According to census data, there are about five million black men ages 20 to 39 in the United States.

Terrible schools, absent parents, racism, the decline in blue collar jobs and a subculture that glorifies swagger over work have all been cited as causes of the deepening ruin of black youths. Scholars and the young men themselves agree that all of these issues must be addressed.

Joseph T. Jones, director of the fatherhood and work skills center here, puts the breakdown of families at the core.

"Many of these men grew up fatherless, and they never had good role models," said Mr. Jones, who overcame addiction and prison time. "No one around them knows how to navigate the mainstream society."

All the negative trends are associated with poor schooling, studies have shown, and progress has been slight in recent years. Federal data tend to understate dropout rates among the poor, in part because imprisoned youths are not counted.

Closer studies reveal that in inner cities across the country, more than half of all black men still do not finish high school, said Gary Orfield, an education expert at Harvard and editor of "Dropouts in America" (Harvard Education Press, 2004).

"We're pumping out boys with no honest alternative," Mr. Orfield said in an interview, "and of course their neighborhoods offer many other alternatives."

Dropout rates for Hispanic youths are as bad or worse but are not associated with nearly as much unemployment or crime, the data show.

With the shift from factory jobs, unskilled workers of all races have lost ground, but none more so than blacks. By 2004, 50 percent of black men in their 20's who lacked a college education were jobless, as were 72 percent of high school dropouts, according to data compiled by Bruce Western, a sociologist at Princeton and author of the forthcoming book "Punishment and Inequality in America" (Russell Sage Press). These are more than double the rates for white and Hispanic men.

Mr. Holzer of Georgetown and his co-authors cite two factors that have curbed black employment in particular.

First, the high rate of incarceration and attendant flood of former offenders into neighborhoods have become major impediments. Men with criminal records tend to be shunned by employers, and young blacks with clean records suffer by association, studies have found.

Arrests of black men climbed steeply during the crack epidemic of the 1980's, but since then the political shift toward harsher punishments, more than any trends in crime, has accounted for the continued growth in the prison population, Mr. Western said.

By their mid-30's, 30 percent of black men with no more than a high school education have served time in prison, and 60 percent of dropouts have, Mr. Western said.

Among black dropouts in their late 20's, more are in prison on a given day 34 percent than are working 30 percent according to an analysis of 2000 census data by Steven Raphael of the University of California, Berkeley.

The second special factor is related to an otherwise successful policy: the stricter enforcement of child support. Improved collection of money from absent fathers has been a pillar of welfare overhaul. But the system can leave young men feeling overwhelmed with debt and deter them from seeking legal work, since a large share of any earnings could be seized.

About half of all black men in their late 20's and early 30's who did not go to college are noncustodial fathers, according to Mr. Holzer. From the fathers' viewpoint, support obligations "amount to a tax on earnings," he said.

Some fathers give up, while others find casual work. "The work is sporadic, not the kind that leads to advancement or provides unemployment insurance," Mr. Holzer said. "It's nothing like having a real job."

The recent studies identified a range of government programs and experiments, especially education and training efforts like the Job Corps, that had shown success and could be scaled up.

Scholars call for intensive new efforts to give children a better start, including support for parents and extra schooling for children.

They call for teaching skills to prisoners and helping them re-enter society more productively, and for less automatic incarceration of minor offenders.

In a society where higher education is vital to economic success, Mr. Mincy of Columbia said, programs to help more men enter and succeed in college may hold promise. But he lamented the dearth of policies and resources to aid single men.

"We spent $50 billion in efforts that produced the turnaround for poor women," Mr. Mincy said. "We are not even beginning to think about the men's problem on similar orders of magnitude."

Monday, March 13, 2006

HR 4437, The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005

I borrowed this text from: http://www.ilrc.org/HR4437.html

Legislation Pending in Congress!

Something akin to a panic has descended upon the immigrants’ rights community with the introduction in December 2005 of Republican House Judiciary Committee Chairman Sensenbrenner’s HR 4437, The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. Passed last week in the House and poised to move quickly through the Senate, if passed, HR 4437 could signal some of the most sweepingly dramatic changes in immigration law since the now infamous Illegal Immigration Reform and Individual Responsibility Act (IIRIRA) of 1996 and could actually surpass that law in gutting judicial review and eroding due process.

Nothing in the bill provides a comprehensive and realistic plan for our immigration system to enhance border security, support economic growth and provide a legal means to lawful permanent residency for the millions of hardworking undocumented immigrants and their families in the United States. Nearly 500 organizations, including a wide variety of civic, religious and business groups are opposing this legislation. Below is a summary of just a sampling of the areas of greatest concern to the ILRC. See also www.ilrc.org/criminal.html for more information about drastic possible changes regarding immigration consequences of criminal convictions that would result if HR 4437 were passed.

* HR 4437 criminalizes organizations and individuals assisting undocumented immigrants

HR 4437 greatly expands the definition of “alien smuggling” to include assisting a person to remain or attempt to remain in the United States when the “offender” knows the person is in the United States unlawfully – thereby treating social services organizations, refugee agencies, churches, legal services and others the same as smuggling organizations and imposing criminal penalties for providing such assistance. Even family members and charitable workers could face federal prison time for assisting undocumented immigrants.

* HR 4437 criminalizes undocumented immigration status

Under current law, presence in the United States without valid status is a civil violation, not a criminal act. HR 4437 would create a new federal crime of “unlawful presence” and would define immigration violations so broadly as to effectively include every violation, however minor, technical or unintentional, as a federal crime. In addition to permanently barring the entire undocumented population – including 1.6 million children – from the United States, this would also lead to the tragic separation of families as undocumented members of mixed-status families would never be able to secure lawful immigration status in the United States.

* HR 4437 grants state and local law enforcement agencies “inherent authority” to enforce immigration laws

HR 4437 would grant law enforcement agencies the authority to investigate, identify, apprehend, arrest, detain and transfer to Federal custody immigrants they find in the United States. When police act as immigration enforcement agents, it undermines their ability to keep communities safe because immigrants and their family members will be scared to report crimes, fires, and suspicious activity out of fear of exposing themselves, families or neighbors to police. Inevitably, crimes will be left unsolved and the safety of entire communities will be compromised.

* HR 4437 furthers the erosion of due process

Our immigration laws provide that some individuals in removal proceedings can be granted voluntary departure – essentially leaving the United States on their own, with their own money – at the conclusion of the immigration hearing process. This is an important alternative to receiving a removal order because it allows an immigrant to reenter the United States lawfully in the future, despite having been in removal proceedings in the past. It is only granted to individuals with good moral character at the discretion of an immigration judge. Under HR 4377, noncitizens would be required to waive all rights to any further motion, appeals or petition for review related to removal or protection from removal in order to be granted voluntary departure, essentially barring them from a list with their family in the United States

Currently, various circuit courts have ruled that immigration officials may be prohibited from simply removing an individual from the United States without a hearing, based on the reinstatement of a prior removal order. HR 4437 purges this appellate court precedent. As a result, if passed, HR 4437 would strip the rights of immigrants with prior removal orders to any sort of hearing before being removed again.

HR 4437 would also eliminate the ability of any person who wishes to enter the United States on a nonimmigrant visa (such as a tourist visa, a student visa, etc.) to have a hearing before an immigration judge in the event that he or she is later charged with an immigration violation. This is because HR 4437 would prohibit the issuance of a nonimmigrant visa unless the applicant first waives his or her right to any review or appeal of an immigration officer’s decision.

* HR 4437 expands the costly detention of immigrants

HR 4437 would require the Department of Homeland Security to detain all noncitizens apprehended along the border until they are removed from the United Statues – thus filling up already overcrowded and tremendously costly facilities as detainees wait for final decisions on their cases. To address the overcrowding issue, HR 4437 authorizes an increase in DHS detention capacity by contracting with state and local jails – thus further criminalizing immigrants by placing them in criminal facilities.

* HR 4437 guts the federal courts’ authority to review immigration matters

HR 4437 would prevent courts from reviewing any application for naturalization denied because of a discretionary determination of ineligibility based upon “any relevant information or evidence.” This gives the immigration agency practically unfettered authority to deny naturalization applications with no judicial review.

HR 4437 also completely eliminates judicial review where noncitizens visas are revoked and is a specific attempt to remove courts’ ability to review consular decisions.

For the few remaining immigration cases that could be reviewed by an appellate court, HR 4437 implements an unprecedented system whereby no appellate court review is available unless a single judge certifies that the petitioner has “made a substantial showing that the petition for review is likely to be granted.” The decision of the single judge to deny certification for review would be not be open to appeal or review of any kind.

* HR 4437 turns many minor crimes into aggravated felonies, which carry the worst possible immigration consequences

Because aggravated felonies are supposed to be reserved for the worst and most violent of crimes such as murder and rape, they carry the most serious immigration consequences. HR 4437 would make makes minor offenses aggravated felonies, with same concomitant consequences. As a result, misdemeanor drunk driving offenses, mere presence in the United States without documentation, assisting an undocumented immigrant to reside in the United States, and minor accessory roles in the criminal conduct of others would all qualify as aggravated felonies. Most of these changes would be retroactive, meaning that someone who committed an offense 20 years ago that was not a deportable offense then could be charged with an aggravated felony now. By making these offenses aggravated felonies, HR 4437 seeks to treat those who commit nonviolent, negligent acts or omissions the same as those who have acted with criminal intent to injure. Regardless of whether it is a major or minor crime, the mere characterization as an aggravated felony will trigger the same immigration consequences – mandatory deportation, mandatory detention, disqualification for almost all immigration benefits, permanent banishment from the United States without hope of lawful return, and the inability to present any equities to immigration judges regardless of how long the immigrant has been in the United States and how many ties he or she has here. Those at risk include permanent residents who have lived here lawfully for decades. In addition, because the noncitizen population in the United States is so large and many American families include both immigrants and citizens, these deportations will break up U.S. citizen families without any possibility of reunification.

* HR 4437 expands the consequences of an aggravated felony and other offenses

Despite the current drastic consequences of an aggravated felony, HR 4437 seeks to add more. It would bar an immigrant from establishing good moral character required to become a U.S. citizen if they have an aggravated felony conviction in the past – even if they could prove that at the time the offense occurred it was not characterized as an aggravated felony, and they presently have excellent moral character. Under HR 4437, aggravated felonies would also bar admission to the United States and bar the ability to re-immigrate to the United States via an immediate relative as defense to removal. There would be no waiver available. It would further bar an asylum seeker who has an aggravated felony conviction from ever becoming a permanent resident. These provisions will eliminate the little available relief and benefits for immigrants with aggravated felony convictions who demonstrate rehabilitation and strong family, social and economic ties.

* HR 4437 eliminates key safeguards concerning evidence used to prove that an immigrant is deportable for an aggravated felony

Since 1990, the United States Supreme Court has established guidelines, called the “modified categorical analysis,” for how a court can characterize a prior conviction. While this may sound technical, the categorical analysis is a vital safeguard that protects immigrants from wrongful deportation. It ensures that immigration judges consider only the most reliable information and documents from a prior conviction – and not from facts that were not established at the original criminal trial – to identify the offense for which the person was actually convicted. HR 4437 seeks to eliminate these guidelines for those accused of being aggravated felons in immigration proceedings. This means that immigrants could be deported for a conviction of an offense that is not actually an aggravated felony, simply because the offense is listed in the same state criminal statute that also includes an aggravated felony. Eliminating the categorical analysis is a radical violation of basic fairness that seeks to overturn years of established judicial precedent.

* HR 4437 reverses the burden of proof

Historically, the burden has been on the government to prove deportation, because the hardship of deportation is so great. Analogous to the criminal “innocent until proven guilty” standard, the longstanding rule has provided that the government may not simply arrest a long-time permanent resident, allege that she is deportable, and force her to prove that she is not. HR 4437 reverses this burden of proof for those charged with aggravated felonies. This would be an extreme blow to deeply-rooted and longstanding notions of fairness. The result in practice is that once the government decides to charge the person, the low-income, unrepresented, detained immigrant will be required to obtain the public records and to produce the extremely complex legal arguments required to disprove the government’s assertion. If the person cannot meet this nearly impossible burden, he or she will face mandatory detention, deportation, and permanent exclusion and separation from family and friends in the United States.

* HR 4437 makes an immigrant associated with any street gang deportable and ineligible for any immigration benefits

Under HR 4437, immigrants who have never committed any crimes whatsoever and who have obeyed all of our laws can be deported, denied admission and the ability to obtain lawful status, subjected to mandatory detention, and denied all forms of protection such as asylum and temporary protected status, simply because the Attorney General has determined that they are associated with a designated street gang. The Attorney General, through a secret process that provides no notice or opportunity to be heard to the immigrant, can designate any formal or informal group of three or more persons who have committed two or more enumerated gang crimes a “criminal street gang.” As a result of this designation, many immigrants who never committed or supported a single criminal act may be punished severely for exercising their right to association – they may be deported to a country where they face interrogation, torture, detention and even death.

* HR 4437 undermines state court decisions regarding the reversal or vacation of convictions in immigration proceedings

HR 4437 would allow immigration authorities to ignore certain reversals and vacations of criminal convictions by state courts, such as the failure to advise the immigrant of the immigration consequences of the guilty plea. This provision will seriously undermine the concept of “full faith and credit” due to state courts. This is particularly so, in states like California, where the state Supreme Court and other lowers courts have ruled that the failure to advise and defend of the immigration consequences and giving affirmative misadvice as to the immigration consequences constitute ineffective assistance of counsel, meriting vacation of the conviction.

* HR 4437 imposes mandatory minimum sentences for many offenses

HR 4437 adds dozens of new mandatory minimum penalties to current law. It imposes the same sentences upon persons who aid or assist certain immigrants to enter the United States as the immigrants themselves would receive. The bill would also impose one to 10 year mandatory minimum penalties for those who reenter the United States after deportation. These mandatory minimum sentences punish arbitrarily and strip judges from the discretion to make the punishment fit the crime, while also increasing the cost of incarceration to American taxpayers.

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To inquire about ILRC technical support on these and other immigration law issues, please contact our consultations program by email, ilrc@ilrc.org.

Tuesday, March 07, 2006

Quiz Tuesday. Ideology/Discourse. Historical Materialism.

Ideology:
A system of beliefs that provides individuals with conceptions of the purposes of a social movement, a rationale for the movement'sexistence, an indictment of existing conditions, and a design for action.

Shared ideas or beliefs that serve to justify the interests of groups. Ideologiesare found in all societies in which there are systematic and ingrained inequalities between groups. The concept of ideology connects closely with that of power (and hegemony)since ideological systems serve to legitimize the power that groups hold (or the opposition agaisnt those in power).

Discourse:
Discourse referst to language use and forms of representation. The framework of thinking in a particular area of social life. For instance, the discourse of criminality means how people in a given society think and talk about crime. It reminds us that language and images have culturally and historically located meanings.

We learn and express ideology through discourse. Ideology can be expressed as well as concealed in discourse.

The discourse dimension of ideologies explains how ideologies influence our daily texts and talk.

Remember our talk on Heroes or bandits, Freedom fighters or Guerrilass. The language we use reflects our ideology.

Historical Materialism:
"Historical materialism is the application of Marxist scienceto historical development. The fundamental proposition of historical materialism can be summed up in a sentence: 'it is not the consciousness of men that determines their existence, but, on the contrary, their social existence that determines their consciousness.'" (Marx, in Preface to A Contributino to the Critique of Political Economy)

"Historical materialism looks for the causes of development and changes in human history in economic, technological, and more broadly , material factors, as well as the clashes of material interests among social classes." (From Wikipedia) Important to remember is that historical materialism provides a class analysis to history.

NO Class Thursday.

NO class thursday, please read the articles below in addition to your class readings. Thanks.

Remedios, Limpias y la Escoba

Remedios, Limpias y la Escoba
By Patrisia Gonzales
Column of the Americas © March 6, 2006
Patzin (Nahuatl for Venerable Medicine) - a monthly feature on indigenous medicine

For years I struggled with keeping my house swept until la tlazoteotl, fuerza regenerativa, taught me the spiritual power of the broom. It is one of the most basic limpias that we do. I vaguely recall my grand mother's broom, a short one she kept just for limpias on la gente. I still run to sweep the house minutes before midnight on New Years Eve, to sweep out the old year and make way for the new.

La escoba and ritual sweeping are recorded in the ancient picture books of Mexico. Tlazolteotl is often depicted with escobas and bundles of herbs. The daily sweeping so common among our elders and Mexican women is a legacy of the ritual sweeping our ancient abuelas did as part of their sacred responsibilities for healing and purification rites. Our ancestors knew we must cleanse matter and spirit for both to be clean. Tlazolteotl, which the Spaniards translated as the “goddess” of filth and sex, is in fact a feminine healing energy of the Earth associated with regeneration, fertility, the partera and the temazkalli, the sweatbath tradition of indigenous Mexico. With her weaving symbols, she is the Spider Woman of Mesoamerica. Y la escoba is one of her instruments. Our ancestors were scientists who did not believe in “gods,” but rather energetic functions, the way we understand gales and other forces of nature.

Cleaning our house is not only sanitary but a spiritual act because we clean out emotions and the energy of the days gathered in dust and dirt. My abuelas taught me to clean on Fridays (some say because it was an odd day and therefore potentially unlucky or because it was a powerful day for healing) and then smudge my house with copal or sage, romero or cedar. Before there was Pinesol, nuestras abuelas would put flowers in the pale and rinse the house with agua florida - our form of aromatherapy. I like lavanda or agua de limon, especially on the day of a full moon, when things come into completion. La abuela Celia says to smudge everyday and pray to live in a good way. …And buy yourself a broom.

All these things from the natural world help us to cleanse and regenerate and are also diagnostic tools for determining imbalances of body, mind, spirit. Do limpias for new beginnings, such or a new job or for when things have ended, or in times of distress. We have done limpias for torture survivors and given the White House grounds a limpia de flores. There are hundreds of ways to do limpias, all based on our relationship to the four elements of life and the hot/cold principals of Mexican indigenous medicine. For instance, to cool a “hot” condition, such as a rash, warrants cooling elements, such as cold-natured herbs and water.

Another basic limpia we do everyday is to take a shower or bath. Baños espirituales also are powerful ways to cleanse our spiritual, emotional and physical bodies of stress and other elements attached to our energy field. Baños are made like teas and then poured over us as we pray, following our showers or bath or added to bath water. Herbs can clean our spirit and body and many herbs drunk for stress or calming can be used as a baño. It is best to use the herbs that grow around us or that we have relationship with - like ones our abuelas used. A basic herbal bath includes a couple of handfuls of romero, albacar and a puñada of ruda. They should be boiled in a non-metal pot, (and can be strained) and kept covered to contain vapors until you are ready to pour. After your regular shower or bath, pour the liquid over you and pray que las santas plantas cleanse you deeply, pray to release stress and any mitotes you have with others. Helga Garcia-Garza of Calpulli Tlapalcalli in San Benito, Texas, who organizes an encuentro de medicina every year, suggests this baño fuerte, using the three plantas maestras. Prepare as above, except do not strain. With your legs in a V, take the herbs and rub them from below your stomach up, breathing deeply to release spiritual crud. Do for three consecutive days.

Such is the poder of a bath and a broom, the power of el baño y la escoba.

(c) Column of the Americas 2006

* We can be reached at: 608-238-3161 or XColumn@aol.com or Column of the Americas, PO BOX 5093 Madison WI 53705. Our bilingual columns are posted at: http://hometown.aol.com/xcolumn/myhomepage/

* For a copy of our trilingual Amoxtli San Ce Tojuan documentary, or our Cantos Al Sexto Sol and The Mud People books, or more info re future screenings contact us at XColumn@aol.com - 608-238-3161 - or go to: http://hometown.aol.com/aztlanahuac/myhomepage/index.html