Showing posts with label Immigration. Show all posts
Showing posts with label Immigration. Show all posts

Tuesday, November 22, 2011

Illegal Immigration and "Magnets"

I guess it's becoming a conservative meme that the U.S. shouldn't be creating "magnets" that draw undocumented migrants to the labor force of the United States.  I'm pretty sure that these folks think of "magnets" as things like the DREAM Act or Comprehensive Immigration Form.  But these things are not magnets at all -- they're simply responses to the reality that undocumented immigrants are here in our country and that there are strong economic forces that draw them here.

And it's precisely these strong economic forces that are the true "magnet" -- the demand for skilled and unskilled cheaper labor.  And I wonder how these GOP candidates hope to eliminate that magnet! Because if they do succeed in making the U.S. economy a place that isn't the envy of every worker in the world, we'll be in a heap more trouble than we currently are!

This brings me to a comment on Michele Bachmann's absurd reference to that Steve Jobs comment on outsourcing jobs to China.  What makes the outsourcing of such jobs attractive is that these highly skilled workers are coerced by the Chinese government (and the corporate CEOs who have no problem with the Chinese government's authoritarian control over the labor market) to work for a pittance.  If Michele Bachmann gives a green card to all the highly-skilled Chinese software developers and programming engineers to come make their living in the US working for Apple, I promise you these Chinese green card holders are going to demand much higher salaries, which will propel Apple to go right on back to China for cheaper labor all the while we'll have more unemployed highly-skilled green card holders from China who will have to resort to washing dishes or picking grapes, if not waiting in the unemployment lines.

Wednesday, October 26, 2011

Rick Perry, Superman, and Illegal Immigration

This has been making the rounds and I think it's just too damn good to pass up:

 

Saturday, December 04, 2010

Jesuit DREAMers

On the other hand, this letter to the editor of the Times-Picayune made me proud of being a product of the Jesuits. It's also one of the reasons why, even though I consider myself an Exodus Catholic, I don't break completely with my Church and my faith:

Every year approximately 65,000 young people graduate from high school in the United States but are unable to go to college, work or join the military because their parents brought them to the country as children without legal documents. Their lack of legal status prevents them from pursuing their dreams and their full human potential and from making vital contributions to the well-being of our nation.

The DREAM Act is commonsense legislation that would remedy this. To move from being undocumented to being a U.S. citizen, eligible young people would be required to pass rigorous background checks, be of good moral character, graduate from high school, then go on to attend college or serve in the military for at least two years. Approximately 800,000 young people would be able to meet the requirements of the DREAM Act, including about 800 Louisianans.

No matter what one's views on fixing our country's broken immigration system, why would we want to punish children for the actions of their parents? Many of these young people know no other home than the United States.

As the president of a university committed to providing young people the education and formation experiences that allow them to realize their God-given potential, I find it very unfortunate to deny opportunity to talented, intelligent and dedicated students who only know the United States as their home.

Finally, I would like to thank Congressman Joseph Cao for taking a leadership position on this bill by becoming a co-sponsor of this legislation.

In preparation for an upcoming vote on this legislation, I urge your readers to contact members of the Louisiana delegation to support this vital piece of legislation that could bring hope and dignity to so many deserving young people.

Kevin Wm. Wildes, S.J., Ph.D.
President
Loyola University
New Orleans
I will say, too, that if Cao really does shepherd the DREAM Act through Congress during its lame duck session, and if he really does exercise leadership on this matter in any event, that in and of itself will go quite a long way to redeeming him in my eyes.

Thursday, June 03, 2010

My HB 1205 Testimony

I never did get to deliver it, because it was clear at the hearing that the bill was going to fail after the first round of the Committee's questioning of Rep. Harrison, who authored the bill. And that was fine by me, since the whole purpose of my testimony was to kill the bill. But since I didn't deliver my testimony then, I'd like to publish what I would have said here on The Huck Upchuck. Here it is:

LOUISIANA HOUSE JUDICIARY COMMITTEE: HB 1205
Testimony of James D. Huck, Jr., Ph.D.
Thursday, May 27, 2010


Thank you Mr. Chairman and Committee Members for giving me the opportunity to testify before you this morning. My name is James Huck and I am a Board Member of Puentes New Orleans and an administrator and professor at Tulane University in the Latin American Studies department.

I would like to testify in opposition to HB 1205.

But I would also like to make clear that my testimony does not, in any way, represent the position of Tulane University nor the Stone Center for Latin American Studies at Tulane University with regard to this bill. I am speaking only for myself as a private citizen whose work within the university context and within the community has informed my opinion.

My opposition to this bill comes out of both principled and pragmatic concerns.

In terms of principle, I oppose this bill out of a concern that its main purpose is to target not those who are in violation of current immigration law, but primarily those law-abiding citizens whose lives may intersect with undocumented immigrants in the context of community service.

Citizens who take an interest in serving their fellow human beings out of a sense of neighborliness, civic responsibility, or simple kindness should not be dissuaded from serving their community, however that community is constituted. This legislation, regardless of its intent, will dissuade such behavior. It will create a society grounded in fear and uncertainty where doing a good deed like giving shelter to an undocumented relative in dire straits who shows up unannounced on your doorstep, runs the potential risk of financial penalty or prison time. How could it not induce anxiety about doing the right and moral thing? In fact, that is precisely this legislation’s point. And imagine the heartbreak this situation may pose. What would you do? Would you turn away such a relative? Or would you invite that relative in, knowing that if your charity is discovered, you could pay a hefty fine or spend time in jail?

At another level, this legislation runs counter to the values of community service and civic responsibility that we should want to see much more visibly in citizens. We should not want citizens to disengage from the realities of their communities out of fear; but to engage them in a spirit of collaborative civic-mindedness. Of course, you are all probably well aware of these philosophical and moral arguments; but I would like to just point out at the practical level that this legislation throws the baby out with the bathwater. There seems to be very little thought given to the potential practical and residual damage to the State of Louisiana, damage that will have direct negative impacts on the economic and social health and well-being of the state, its citizens, and its institutions. Let me focus on the practical effects of this proposed legislation in the area of higher education, which comes directly out of my own experience.

A few facts:

(1) Tulane University has received more than 40,000 undergraduate applications for admission this coming Fall. Preliminary data seem to indicate that this represents the single largest application pool for a private University in the entire United States. I hear repeatedly from prospective students and parents that Tulane’s commitment to community service and the incorporation of a public service graduation requirement is a unique attraction of the University. The fact is that a significant number of Tulane students undertaking community service work for local community organizations who likely serve undocumented populations. What do you suspect will happen to these student service learners if there is even the hint of the possibility that such community service may place such students in jeopardy of violation of the law that this bill seeks to codify? If this bill becomes law, what do you think institutions like Tulane will feel compelled to do in order to protect its students from even the remotest possibility that their community service – their community service – of all things, may place them in jeopardy of fines and criminal prosecution?

(2) Just off the top of my head, I can tell you that two undergraduate Honors theses, at least one Master’s term paper, and one doctoral dissertation, just this year, came from research that involved engagement with and interaction with the Latino population, many of whom I am certain were undocumented. If this bill passes, what do you think would happen to this research and scholarship if there was even the remotest possibility that such interaction with the undocumented migrant population may result in heavy fines or prison time?

(3) Tulane University is currently partnering with the Hispanic Apostolate to provide classroom space for its ESL program, which has also served as a public service placement option for hundreds of its undergraduate students over the years. What do you think would happen to this partnership if there were even the remotest possibility that the provision of space for an ESL program that may serve an undocumented immigrant population could be construed as the harboring of such undocumented migrants?

What we might see is a precipitous fall in student interest in Tulane, not out of a lack of appreciation for the value of a Tulane education, but out of a fear that the community service portion of their education might get them in legal hot water. What we might see are institutions like Tulane retracting its resources from service to the community for fear of running afoul of this law or for fear of subjecting its students to the possibility of running afoul of this law.

And I could go on, raising this very same point about community service projects at high schools and elementary schools that may place students, teachers, and counselors in contact with a population that poses risks for them. My point is that this proposed legislation will have far reaching consequences that transcend just the goal of curbing illegal immigration. It penalizes charity, it conditions neighborliness, and it disincentivizes civic engagement. It cultivates both suspicion of our neighbors and fear of doing good by them. It makes us run away not only from one another, but also from our communities as they happen to be constituted.

Being frustrated with the Federal Government’s insufficient response to the immigration situation of our country is understandable, but to use law abiding citizens, their civic proclivities, and their inherent goodness towards their neighbors as bait is not the appropriate response. Nor is threatening to punish citizens and civic-minded institutions themselves for their inherent goodness and their civic engagement. I respectfully submit that HB 1205 is a bill that does all of these things. It is a bad bill, and I urge all Committee members to vote against it. Thank you.

Thursday, May 27, 2010

HB 1205 Is Dead

Today was a good day. The omnibus immigration bill in the Louisiana House of Representatives, HB 1205, is dead. The author, after facing a serious grilling from his fellow committee members, "voluntarily deferred" his bill, with the full knowledge, confirmed publicly by Committee Chairman Cedric Richmond, that it will not be brought up again this legislative session. Even though I had testimony prepared, I didn't even have to testify. Victory. Thanks to everyone who wrote/phoned to legislators, put up blog posts, and otherwise made your voices heard. They listened. We prevailed.

I'd like to thank House Judiciary Committee Members Edwards, Leger, and Connick, for their thoughtful comments and clear, unequivocal opposition to this bill as it was written.

I'd also like to give a special acknowledgment to Committee Chairman Cedric Richmond, who spoke eloquently about the troublesome provisions in this bill as it related to the civil rights of underrepresented minorities. Richmond also deserves recognition for the conscientious and diplomatic way he handled the hearing. He made sure that those of us opposed to the bill and willing to testify against it were acknowledged. I have always been favorably inclined towards Cedric Richmond, especially ever since I saw him, along with law enforcement officers, take on the gun lobby two years ago by trying to limit, if not ban, the sale of assault weapons. Today, I was immensely impressed with his professionalism, his knowledge, and his measured consideration and thoughtfulness in running the Committee hearing today.

I have a couple new favorite legislators in Baton Rouge, with Cedric Richmond leading the pack. Unfortunately, my own Representative, Walker Hines, has been a disappointment to me on this matter. He was noticably absent at the last Judiciary Committee hearing when HB 1205 was on the schedule; and he was nowhere to be found today. I have written to Walker Hines multiple times about this bill, and he has ignored the last few messages I sent to him, which is unusual because Hines has always been very responsive, even if to tell me that he disagrees with me. I wonder what's up with Walker. I have counted on him as an ally in this cause, and have exhorted him to exercise some leadership. And he has been nowhere to be found. I like Walker and have generally been impressed by him. In fact, I initially was a harsh critic and supported his opponent in the last election; but he won me over to his side over the last two years and I have become a converted supporter and general advocate of his legislative initiatives over the past two years. But I can't hide my growing disappointment in his absence and lack of leadership on this issue. It is giving me some pause and sobering my enthusiasm for him. [UPDATE: I have just received an email from Walker Hines. He had a great and more than satisfactory explanation for his absence today and assured me that he was adamantly opposed to the bill and was ready to run into committee if needed for his vote against. He was tending to other important legislative business and knew that the bill was already doomed. (It makes sense that they would have inside beads on such things.) So, turn the dial back up on Walker Hines!]

Anyway, since I didn't get to testify (which was fine, because my testimony's sole purpose was to convince the Judiciary Committee that the bill was bad and to vote against it and thus kill it), I will be posting up on the blog in the next day or so the official testimony that I prepared for the occasion, just for the public record. Be on the lookout for that.

For the moment, though, HB 1205 opponents should take a moment to celebrate a fine accomplishment with the death of this bill. Bravo! And well-done!

Monday, May 24, 2010

HB 1205 In Front of the LA House Judiciary Committee

Well, the official weekly schedule is now available and the Louisiana House Judiciary Committee has scheduled a hearing for HB 1205 for this Thursday. The Committee meeting is scheduled to begin at 9:30am and HB 1205 is second on the agenda.

The mobilization is now underway to encourage and recruit folks to attend the hearing in opposition to the bill.

If you want to watch the hearings, you can tune in via the Louisiana State Legislature's website, which livestreams all hearings.

Thursday, May 20, 2010

HB 1205: More from the Front Lines

Read this from the Executive Director of Puentes.

Note at the end that Lucas informs us that HB 1205 is likely going to be considered next Thursday, May 27, at 9:00am in Baton Rouge at the State Capitol. Mark this date on your calendar now and reserve the morning for the trip to Baton Rouge. It may end up not happening (or maybe not on this date), so I'll keep you informed along the way; but it looks like this date is the most likely. And I trust that Lucas has been informed by reliable sources about the House Judiciary Committee Schedule for the upcoming week.

See y'all there!

Tuesday, May 18, 2010

SB 67 - Government Mandates Use of E-Verify System

SB 67 is another piece of immigration legislation, sponsored by Louisiana State Sen. Danny Martiny, that requires employers to use the federal E-Verify system to determine an employee's legal status.

I've got no problem with this legislation in principle; but I do think that this legislation has serious implications for businesses that folks in the business community, especially small businesses, ought to be aware of.

First, the bill establishes a technology mandate for the establishment and operation of a business. It requires employers of any size either to institute a technolocigal capacity to participate in the E-Verify system in-house, or it requires employers to assume the added expense of sub-contracting the E-Verify task to an outside provider.

Second, the bill requires businesses to police the compliance of their sub-contractors. This may pose an impossible burden on businesses. The question that pops up in my mind is how does a business certify that a sub-contractor (and any sub-sub contractor) is E-Verify compliant? Is it simply enough for a business to rely on a subcontractor's claims of compliance in a contract agreement? If so, I fail to see how this would be any different that an employer's ability to rely on the claims of its own individual employees' compliance with legal status. How does a business "verify" the compliance of a subcontractor with the E-Verify system?

Third, there is evidence that points to a less-than-perfect accuracy rate in the E-Verify system's ability to determine one's legal right to work. This raises a philosophical question: is it better to unfairly punish even a certain, small percentage of those legally able to work because of a false verification outcome, in exchange for excluding a higher percentage of undocumented workers from the U.S. labor market; or is it better to guarantee that all individuals legally qualified to work are able to do so by not instituting a punitive verification system and thus allowing undocumented workers to participate in the U.S. labor market, too.

Again, I'm not opposed to mandating some kind of verification system for employers; but it is worthwhile to consider the punitive and potentially discriminatory impact of such a system on the business community and the legal labor market, as well as on the undocumented worker community.

Monday, May 17, 2010

HB 1205 Update

Well, well, well ... Rep. Harrison's Proposed Substitute for HB 1205 is now available for review. And it's actually worse.

Whereas the previous version at least had an Affirmative Defense provision that qualified the "harboring" and "transporting" sections of the bill, the new version, as far as I can tell in my reading of it, has done away completely with any kind of Affirmative Defense provision. Although the original Affirmative Defense provisions were unconvincing and problematic to many of us, at least some kind of effort was made to try to give some recourse to nonprofits providing humanitarian aid to undocumented immigrants or to attorneys representing undocumented migrants. Now, there's not even that. It seems to me that Harrison's new language represents a clear and unabashed slap in the face of charitable nonprofits and immigration lawyers who work with undocumented immigrants out of a concern for basic human dignity and well-being, not to mention a sense that even undocumented immigrants have the right to some kind of legal representation without creating the threat of criminal prosecution against their lawyers simpy for doing their job. This proposed substitute bill does, I think, comment negatively again on Rep. Harrison's character. It makes him now seem not only angry, but also vindictive. And it's also yet another tactical mistake, because any nonprofits or immigration lawyers who may have been assuaged by the Affirmative Defense provision will now have to join the full ranks of the opposition to this bill if they want to protect their interests and continue their work.

But I have come across something even more telling about Rep. Harrison. Here's a guy who is proposing a bill whose fiscal impact on the State's budget is estimated to be upwards of 6-7 millions of dollars annually.

And yet this very same guy is the author of House Concurrent Resolution 25 (HCR 25), submitted in the very same Congressional session, which reads, in part:

WHEREAS, each new area of government spending tends to become entrenched and grow exponentially in future budgets in perpetuity; and
WHEREAS, such growth imposes increasing budgetary demands that lead to more and greater taxation; and
WHEREAS, tax revenue is money taken from individuals by government and cannot therefore be available to each of them for use according to their own individual needs; and
WHEREAS, compelling arguments against overly burdensome taxation have focused on the ability to maximize tax revenues and thereby contribute to greater government growth; and
WHEREAS, the true virtue of lowering the tax burden imposed upon citizens by government is that it expands individual liberty and thereby allows for greater economic growth; and
WHEREAS, maximizing liberty is a more desirable societal goal than maximizing tax revenues and government growth.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby memorialize the Congress of the United States and other state legislatures to pledge to return government to its proper purposes and to reverse its encroachment into areas best served by private individuals.
I ask you: is there a fundamental contradiction in what this guy advocates and believes? So it seems to me.

Sunday, May 16, 2010

James Perry Opposes HB 1205

A few days back, I posted a blog entry that asked both James Perry and Helena Moreno where they stood on HB 1205, and I invited each of them to send me an email with their answer. I heard back from James Perry. Still waiting on Helena Moreno. Here's what Perry had to say (note that I lost much of the formatting of Perry's email blast in the cutting and pasting process, but the text that appears below in the forwarded message is verbatim from the email blast that Perry sent to me):

I'm opposed to the bill and have been actively working against it. Below is the email blast my organization did regarding the bill back in April.

James Perry
james@jameshperry.com

*****************************************************************************
Begin forwarded message:

From: GNO Fair Housing
Date: April 20, 2010 4:44:10 PM CDT
To: jperry@gnofairhousing.org
Subject: Voice your opposition to anti-immigrant HB 1205!
Reply-To: elist@gnofairhousing.org

HOUSE BILL 1205, "LOUISIANA TAXPAYER AND CITIZEN PROTECTION ACT OF 2010," LIKELY VIOLATES FAIR HOUSING ACT

The Greater New Orleans Fair Housing Action Center (GNOFHAC) opposes House Bill 1205, "Louisiana Taxpayer and Citizen Protection Act of 2010," because it is likely a violation of the federal Fair Housing Act. The bill will increase racial profiling and discrimination on the basis of national origin in the state of Louisiana. Please call Representative Harrison at 800-935-2081 today to express your opposition to House Bill No. 1205!

Among many other problematic provisions, HB 1205 would make "it illegal to harbor, conceal or shelter undocumented persons in the state of Louisiana." According to the bill, first time offenders will be fined up to $1000 or imprisoned for up to 6 months. A subsequent conviction may include a $2000 fine and/or 1 year in prison. In order to prevent legal liability, landlords may be required to illegally profile tenants or face the risk of criminal prosecution. Courts have deemed such profiling and housing discrimination to be illegal under the federal Fair Housing Act.

The HB 1205 approach was previously ruled unconstitutional. For example, in 2006, the City of Hazleton, Pennsylvania adopted laws similar to HB 1205 that criminalized landlords and employers for knowingly or unknowingly renting to or hiring undocumented people. The City of Hazleton was sued over the ordinances, and in 2007 the Court declared the Hazleton ordinances at issue unconstitutional and enjoined the City from enforcing them.

HB 1205 is also opposed by Puentes, a New Orleans based advocacy organization. Puentes raises additional concerns that HB 1205 would make it illegal to transport undocumented residents and require local and state police to verify the immigration status of anyone they arrest. Puentes argues that such requirements are illegal and require local and state police to engage in enforcement outside their jurisdiction. You can read Puentes' analysis of some of the other provisions of HB 1205 and find out how to get involved with efforts to stop the bill here.

You can read the text of House Bill 1205 here.

For more information about the Hazleton ordinances that have been struck down in Federal District Court, check out this video.

Then, call State Representative. Harrison at 800-935-2081 today, and tell him that you oppose House Bill No. 1205!

Greater New Orleans Fair Housing Action Center
404 S. Jefferson Davis Pkwy
New Orleans, LA 70119
(504) 596 -2100
http://www.gnofairhousing.org
I'm impressed, and I couldn't agree more with Perry's advice on what to do about HB 1205. I should have known this already, especially since Perry's position has been partially informed by the advocacy on the issue done by Puentes-New Orleans; but I'm grateful to James Perry for filling me in nonetheless. If opposition to HB 1205 is important to you and if you will be heading to the polls to vote in the upcoming election, keep this in mind. If I lived in that district, and if the voting were held today, I'd be voting for Perry.

Commit to Stand Against HB 1205

If you are on Facebook, oppose HB 1205, and might be able to make a trip up to the State Capitol in Baton Rouge sometime over the next week or two, and especially if you are a Louisiana resident, please consider joining this Facebook group. And invite your friends and colleagues to join, too.

Saturday, May 15, 2010

HB 1205 Update

Now that I've got Commencement stuff behind me, I can give a little time and attention to HB 1205 [Click here for the full text of the bill.] and my recent experience in Baton Rouge at the Louisiana State Capitol this past Thursday where I went with a strong contingent of about 40 people or so to register opposition to and to testify against this bill.

The Judiciary Committee commenced its hearings at 9:00AM and it wasn't until about 38 minutes into the Committee hearings for the day that HB 1205 came up for consideration. If you want to see the video archive of the Judiciary Committee hearings, click here. If you want to skip to the moment when HB 1205 was called up, go to the 38 minute mark. Here you can listen to Rep. Harrison, who authored the bill, voluntarily defer the bill and give everyone a lecture on how this bill is being misunderstood. The whole span of the Committee's attention dedicated to HB 1205 lasted about 4 minutes. Watch the clip from the 38 minute mark until the 42 minute mark to get it all in. As you listen to this 4 minute segment, I would ask that you note a couple of things: (1) Rep. Harrison never mentions the purpose and target of his bill. Listening to him speak, with the exception of a reference to the Arizona legislation, you would hardly notice at all that the bill is about illegal immigration. Read the bill closely, listen to Harrison try to explain this bill, and then compare for yourself whether what Harrison claims matches up with what this bill tries to do. Personally, I think Harrison is being vague and dishonest. He declares that the intent of this bill is to get the Federal government to do its job; but what he doesn't say is that the bill actually makes no mention of the federal government, doesn't target the federal government, and doesn't even indicate what the federal government's job is. It is a bill that tries to get the state to usurp the federal government's job. In that sense, it is exactly like the Arizona legislation, even if it is different in the particulars. His little bit of grandstanding, without giving those of us who showed up any opportunity even to question or challenge his deceptive representation of the bill, is a pretty pathetic abuse of the hearing process. In essence, he got an opportunity (and one presumes as much time as he would have liked) to mischaracterize his own bill, to mischaracterize what we who oppose the bill actually think is problematic with it, and to try to craft his intentions with the bill in the most positive light possible -- all without having to face any kind of challenge or criticism of his pontifications. (For this little bit of procedural shenanigans, I also hold Cedric Richmond to account, too; for Richmond, who was chairing the hearings at the time, let this happen.) [UPDATE, Tuesday, May 18, 2010, 4:10PM: Upon reflection and acknowledging the way these hearings are conducted, I don't think Richmond should really be taken too much to task. As anyone will note who attends these hearings, it is customary for Committee Chairs to give some latitude to fellow Committee members in commenting on and moving forward legislation that they have authored. I think Richmond was acting well within the practices of the legislature. As was Harrison, too. He took a bit of license with his comments; but it was brief and not overly abusive of his privileges.] (2) Speaking of Richmond, I do think it was clear that he also was caught off guard by the controversial nature of this bill and perhaps that may explain why he got snookered procedurally by Harrison in terms of letting Harrison have his say officially in front of the Committee and denying anyone the chance to rebut or respond. To get a sense of how our presence played out, listen to the last half minute or so of the clip. From the 41:30 minute mark to the 42:00 minute mark. Once Richmond thanks us for coming, you can hear the seats of the chamber snap up. If it weren't for that little bit of audio, one would never have any idea of how impressive a presence our group was in that hearing room. Even Cedric Richmond, in an unguarded moment, can be heard on the microphone at the end of the clip murmuring something like: "Jeez, this is controversial, isn't it?"

So, make what you will of that moment. A telling moment, if you ask me. But the best part of the story was yet to happen.

After our contingent left the hearing room, we all congregated in the hallway right outside the room just to discuss what our next steps would be. And while were were there, even before we had the chance to really start our conversation and say our good-byes for the long ride back home, Harrison made a boneheaded tactical error. He came up to the entire group (and remember that he sits on the Judiciary Committee himself, and so had to actually leave the ongoing Committee hearings to do so!) and confronted us. Granted, it took him some courage to approach our large group; but his anger and frustration at the showing we made caused him to say some things that came across as quite patronizing, offensive, and aggressive.

Before I mention some of these things, you should know that in our group were some of the most knowledgable, dedicated, and aware members of the scholarly, religious, and activist community who have many years of experience working on immigration issues and working with immigrants. The Director of the Jesuit Social Research Institute was there, the Executive Director of Puentes-New Orleans was there, the Executive Director of Neighborhood and Community Services for the Archdiocese of New Orleans (and former Director of the Hispanic Apostolate of the Archdiocese of New Orleans) was there; the Director of Adult Education for the Hispanic Apostolate was there; and a good number of other people with extensive experience working with the Latino population were there. This was not a bunch of rabble rousing loudmouths holding up placards and chanting protest slogans, but a group of intelligent and experienced folks with serious concerns and a lot of data to share on the impacts of this proposed legislation. So, what did Harrison say to this group of people?

(1) He basically called this group ignorant and unstudied on his legislation. He even had the gall to imply that we didn't really understand the legislation and that we needed to study up on the legislation and the issues surrounding it. Regardless of what he meant to convey, his comments along these lines basically insulted just about everyone in our group.
(2) He told us that our showing up at the hearing was unfair to him and he chided us for not communicating with him previously about the bill (as if all we had to do was to get together and help him write a bill that we all thought had no place being written in the first place). He was visibly upset that we showed up in such force and numbers. He was apparently caught off-guard by this and got angry. In fact, one little tidbit of information that I haven't mentioned yet is that right before Richmond called up his bill, Harrison went up to Richmond and apparently asked him who had shown up in opposition to the bill (because we all have to sign little cards indicating the reason for our presence before the session started) and we could see Richmond whispering to Harrison as he waved his hand indicating that the entire left side of the hearing room was filled with us. But to come up to us and to essentially tell us we were out of place in showing up because we didn't have the courtesy to warn him in advance of our concerns and intentions to show up, now that took some chutzpah! And it conveyed to every single person in our group that he had no desire nor inclination to want to let us have our say in this public setting. He came across as the worst type of politician who believes that his little domain in the State Capitol, among his little legislative/politico fraternity, has no business being defiled by, you know, us citizens!

Of course, a few of us tried to respond to his rants, but I won't go into these responses. Suffice it to say that it was tense. He was perhaps a bit too aggressive and confrontational in tone and spirit (and some of us responded in kind). It wasn't an ugly exchange, and we all (including Harrison) kept our cool, but it was uncomfortably tense.

But I can assure you that the one definite outcome of his approaching us in the manner he did (and which was tactically a mistake on his part) is that (1) he conveyed to us that our numbers rattled him and (2) that he poured gasoline on the fire in the bellies of all of us to show up the next time with each of us bringing two or three sympathetic friends and colleagues in tow.

Had he just left us alone, we may have been just deflated by having made the trip only to be dismayed by the procedural delay. But instead he made our trip seem meaningful at the same time that he essentially challenged us to gird up for a fight. Rest assured, we'll be ready. He had to deal with about 40 of us last Thursday occupying half of the seats and one whole side of the hearing room. Next time, he better be ready to speak to a standing room only crowd of opponents.

Oh, by the way, he still hasn't responded to my email letter. If and when he does, rest assured that I'll let you know.

Thursday, May 13, 2010

Question for Helena Moreno and James Perry

I initially thought that I would stay out of the Helena Moreno/James Perry runoff election for Karen Carter-Peterson's old seat in the Louisiana State House of Representatives. And I'm still gonna hedge a bit by not issuing any kind of endorsement. But it dawned on me that whoever occupies this seat will have a vote on legislation that I consider directly important to my well-being and the well-being of many of my colleagues and friends. So, in the spirit of perhaps getting a little bit of clarity from the candidates on some current legislative initiatives in the House, I'd like to pose and open question for both Helena Moreno and for James Perry:

Where do you stand on HB 1205, otherwise known as the Omnibus Anti-Illegal Immigration Bill? Would you vote for or against this bill as it is currently written?
And if you care to elaborate on the reasons for your position, I'd be happy to hear them. Just send me an email at huckupchuck@bellsouth.net or post your answer in the comments section.

Letter to Rep. Harrison, Author of HB 1205 in the Louisiana Legislature

This morning, I went to Baton Rouge to testify against HB 1205. The author of that bill, Rep. Harrison, noting the significant opposition represented at the hearing, moved to delay consideration of the bill. So, I didn't get to testify. However, after we vacated the Committee hearing room, and while standing in the hallway outside of the room, Rep. Harrison approached us and we had a very tense encounter. I'll have to fill you in more completely on this encounter later, as I am a bit rushed at the moment. One of the things that came out of this encounter was a request by Rep. Harrison that we give him the courtesy of communicating our thoughts to him on the bill between now and when the next public hearing on it will be. I obliged him in this request. What follows is the email that I just now sent to him:

Dear Rep. Harrison:

My name is Jimmy Huck and I was a part of the group this morning that came to stand and testify in opposition to HB 1205. First off, I would like to express my thanks at your willingness to engage us. Even though it was a bit tense, you did not have to approach us. But you did. You made the effort, and I appreciate it. I am also writing because you invited us to be in contact with you and to express our thoughts on the actual bill itself. I am happy to take you up on this offer.
As I mentioned in our exchange this morning, I am a Tulane University professor in the Department of Latin American Studies. I don't speak on behalf of Tulane or my department, but only for myself. My own opinion comes from having dedicated almost my entire adult life to studying, research, and publishing on Latin American affairs; and I have been a careful student about the issue of immigration and immigration reform, since this subject affects many of the people with whom I associate both professionally and personally. I have coordinated conferences on the subject, I have spoken on a variety of panels as an expert on local Latino affairs, and I have been actively involved at the community level in advocacy work regarding immigration and other matters of importance to the local Latino community. I only mention this to you so that you will know that I am actually quite knowledgable of the issue and very much aware of its full dimensions. Some of your comments this morning seemed to imply that we were somehow ignorant of the subject, especially in terms of the impact of undocumented immigrants on the state's economy and its public finances, and that we thus needed to study up on the subject. I have to say that this implication came across as very patronizing. I can assure you, we are not a bunch of rabble-rousers, and are much more knowledgable of the subject than you presume. The fact that many of us did not contact you about the legislation when it first emerged should not come as a surprise. First, you are not my elected representative. In fact, I would imagine that you are not the elected representative of any one of us who were present. So, naturally, any contact we might make with the Legislature regarding any piece of legislation would be through our duly elected district representatives, especially legislation that we oppose and want no part of. Second, you are operating under the false premise that I agree with the core purpose of the bill (that the presence of undocumented immigrants in Louisiana is a problem that needs to be solved), and that it is only a question of tinkering with language that divides us in finding a solution to this supposed problem. As far as I go, this is not the case. I, as well as many of my colleagues, do not think this is a bill that should even be considered by the State Legislature in the first place. So why would you expect me to have contacted you to work together in crafting this bill when my opposition is to the very existence of such a bill? Third, while I certainly understand that the demands of time preclude you from talking with every single constituent who has a stake in this bill, I do believe that it should be incumbent upon you, as the bill's author, to at least try to seek out some guidance or advice from those with specialized knowledge of the subject, both among those who would support the bill and those who would oppose it. It's something that I would imagine forms a part of your legislative due diligence. Fourth, your indication this morning that we were somehow out of place in showing up at an open, public hearing on your bill to express our opposition and testify against it, was, frankly, quite astounding. Is that not precisely what these hearings are for? You spoke about the need to represent the best interests of the state and its citizens. I agree with you. And let me assure you that I believe this is precisely what I, and my colleagues, were hoping to do this morning in opposing this legislation. I will continue to oppose this bill in any form, not because I doubt your good intentions, but because the same spirit that forms the motivation for your good intentions leads me to do so. Sometimes, folks just disagree. And on this matter, we disagree. The legislative process, by guaranteeing open hearings and inviting public participation, provides for the resolution of such disagreements. I will do my small part to make the case to persuade your fellow legislators that this bill has no business in the Louisiana State Legislature and is bad for the state, and you can do your part to persuade them otherwise. The chips will fall where they will. We were not out of place this morning. On the contrary, we were in exactly the place we needed to be; and it is a place we have a right to be in a free, democratic society.

Sincerely,
You can certainly gather from the note some of the things that came up in this hallway encounter. I'll try to relate the story more specifically later. For the moment, though, I'll leave you with this: instead of 40 folks in the Committee hearing room, Harrison better expect double or triple that amount next time.

Wednesday, May 12, 2010

Testifying Against HB 1205

Heading up to Baton Rouge tomorrow morning to testify against HB 1205 in front of the Louisiana House Judiciary Committee.

This Omnibus Immigration bill is the Louisiana version of draconian anti-illegal immigration legislation. Again, what shocks about this bill is that it potentially targets and threatens law-abiding citizens for essentially being kind or doing good deeds. Of course, the bill's proponents would never admit this, but the language in the legislation is purposefully vague enough such that this intention is clear.

Anyway, my planned testimony tomorrow focuses less on the philosophical or moral reasons for opposing this legislation (I'll let the Catholic Church lobby tackle that aspect of it), but more on the practical implications that such legislation is likely to have on colleges and universities. If I do get to testify, I'll put up my testimony in a separate blog posting.

As for the rest of you, I encourage you to read the bill and then contact your state representative, especially if he or she is on the State House Judiciary Committee, and express your opposition to this legislation.

Monday, May 03, 2010

Immigration Policy

My friend and colleague, Martin Gutierrez, has a sensible and thoughtful letter to the editor in the Times-Picayune. I, personally, am probably a bit more liberal in my attitudes towards our immigration and border policy; but I have an enormous amount of respect for Martin and his position is one that I can work with.

Thursday, April 29, 2010

Something for Anti-Illegal Immigrant Christians

Leviticus 19:33-34 (NIV) - "When an alien lives with you in your land, do not mistreat him. The alien living with you must be treated as one of your native-born. Love him as yourself, for you were aliens in Egypt. I am the LORD your God."

If it's good enough to vilify homosexuality, it should also be good enough to embrace illegal immigrants as something much more than a despicable criminal. Is it too much to ask anti-illegal immigrant Biblical literalists to be unwavering and unquestioning adherents to the Holy Bible, even when it inconveniently doesn't suit their own prejudices?

[H/T: Andrew Sullivan]

Thursday, April 15, 2010

HB 1205: Open Letter to Walker Hines

Hi, Walker - Well, they're at it again. And so am I. HB 1205 is an abomination. It is so full of unfunded mandates, criminalizing charity, authoritarian dictates, and punitive mean-spiritedness that I almost don't know where to start. This bill even tries to penalize young high school kids from being able to get a college education at any of our post-secondary public educational institutions if they can't prove their legal status. Is that what we've come to now in Louisiana? Punish the kids for the sins of the parents? And even then you'd have to think that simply crossing an imaginary line in God's earth in order to do what is necessary to survive and feed your family is a sin! Walker, you can't even imagine the impact that this bill would have on Tulane University's outreach efforts, its commitment to have its students engage in public service to our community irrespective of a resident's legal status, its ability to administer its many medical clinics, educational reform efforts, public safety efforts, etc. Are your colleagues in Baton Rouge so blinded by their fear and hatred of the foreign that they don't see what a job-crushing burden this bill will impose upon local businesses in New Orleans? Do they not see what this will do to the integrity and structure of not just the immigrant family, but also the families of those legal residents and citizens who are their relatives, neighbors, and friends, who will also experience the social ruptures and grief of such a draconian policy?

Needless to say, I expect that you'll be opposed to this measure. I hope and trust that you will. And as a member of the House Judiciary Committee, you're in a position to help keep this bill from ever making it to the House floor. I feel even more strongly about opposing this bill than I did any of the ones that were brought up in the legislative sessions from a few years ago. I know that this bill, HB 1205, came up for consideration today in the House Judiciary Committee and I, unfortunately, was unable to join my fellow colleagues from the Hispanic Apostolate and Puentes to testify against and protest this bill; but I will most certainly make every effort to get to Baton Rouge if this bill goes any farther. I will be watching this bill closely from now on out, I will be mobilizing all of the constituency muscle I can in opposing this bill, and I urge you to do the right thing not only in voting against it, but also in leading the charge to kill it. Don't disappoint me, Walker! If I can do anything to help you fight this bill, please let me know.

Sincerely,

Anti-Immigration Legislation in the Louisiana Congress

[UPDATE: Read LatiNola's excellent summary of the legislation in question.]

It rears its ugly head again. This time, it's obfuscated by a barrage of legislative mumbo jumbo and thrown into a larger, more sweeping piece of legislation; but the intent is exactly the same: criminalizing charity and common decency. In fact, it goes much more beyond that and its punitive dimensions are simply unconscionable. It seeks to mandate immigration enforcement practices upon local law enforcement agencies and even seeks to prevent local governments from passing ordinances that some might consider to be consistent with "sanctuary city" policies. It prevents undocumented immigrant youth from being able to attend public post-secondary institutions of higher learning. In essence, it is an effort to codify a policy that quashes any hope of what is known as the "Dream Act." It resuscitates almost verbatim the defeated langauge of the immigration measures that were proposed last year.

These SOBs. When will they ever understand. My colleagues at the Hispanic Apostolate and at Puentes once again made the trip up to Baton Rouge to protest and oppose. I wish I could have gone with them.

That was the only downer to my day.

But I have every confidence that this mean-spirited and unenforceable piece of xenophobic trash will be consigned to the legislative rubbish heap where it belongs. My gut instinct is that this bill is so expansive, and thus so rife with things that will turn off so many particular constituencies, that it won't amount to a hill of beans. For instance, the inclusion of an unfunded mandate that employers engage in a costly verification process is likely to be met with stiff resistance from the business community, even if the members of this community might support other elements of this bill. Likewise, the non-profit and social services agencies of the state, including Catholic Charities, will oppose the "harboring" and "transportation" measures of this bill, even if it supports another part of the bill. The local law enforcement agencies are likely to chaff at the mandate that they behave like immigration officials, which can even make their jobs more dangerous and more difficult, even if they support an employer verification aspect of the bill. Local governments will look at the measures of the bill that tie their own abilities to pass ordinances or enact policies at the local level that it things is best for public safety and orderliness as an undue infringement by the state on local affairs. Etc., etc. For this reason, I think the bill is essentially DOA; but one never knows in the frenzied xenophobic Tea Party atmosphere we currently live in. I'm just hearing about this monstrosity, but I will certainly post more on it as I learn more about it.

Looks like I may have to mount my own little legislative writing campaign against this bill (HB 1205) once again. If you are one of my readers, please contact your state legislator and senator and urge them to kill this unworkable, onerous, and, I say, hateful piece of legislation.

Sunday, October 18, 2009

Vitter, Gill, the Census, and Non-Citizen Residents

I haven't commented yet on David Vitter's quest to add a citizenship question to the Census because the typical Vitter pander to the worst anti-immigrant fears among the conservative xenophobes seemed pretty obvious to me; but James Gill's column today in the Times-Picayune, which found merit in Vitter's proposal, thus glossing over the xenophobic nature of Vitter's position, demands a response. I'll get to Gill in a minute, but as proof of Vitter's pandering to the conservative base, let me just note that in his letter to Sen. Mary Landrieu requesting her support of his census initiative, as reported in the Times-Picayune, Vitter wrote:

"Voting for cloture or against my amendment could very well be a vote to strip our state of proper representation in Congress and cede our state's influence to other states that reward illegal immigrants like California and New York."
California and New York. Two reliably liberal states. Certainly, California does have a fairly large share of undocumented non-citizens. But New York? What about Texas? Arizona? I guess Vitter would argue that Texas or Arizona don't "reward" undocumented migrants, but it stands to reason that if Texas or Arizona didn't "reward" undocumented migrants in some way, these migrants wouldn't hang around in that state. And as for California, Vitter conveniently ignores the fact that in spite of this state's "liberal" electorate, California is also the state whose voters passed the infamous Proposition 187 in 1994. Can't recall that any similar measure managed to pass muster in the State of Texas. Well, I think Vitter doesn't mention Texas in his demagoguery of this issue because Texas is a reliably "red" state, and Vitter wouldn't want to offend that state's two Republican Senators. But I digress ... The point is that Vitter's intention in supporting this measure is clearly partisan and clearly not principled, and is more a pander to anti-immigrant xenophobia in Louisiana than a sincere interest in preserving the numbers of Louisiana's Congressional delegation or in preserving Louisiana's access to the federal government's largesse. And I'll attempt to show this more fully when I go through Gill's column.

Now, on to Gill. In his editorial, Gill, who is a rather reliable critic of Vitter, surprised me with a rather uninformed and unnuanced view of the big picture that must be considered when looking at Vitter's proposal. He does throw a barb at Vitter, but only to criticize him for over-demagoguing the issue and thus turning what Gill thinks was a sensible idea into a bit of ugly legislation. Gill writes:
That it [adding a citizenship question to the census questionnaire] won't happen may be partly Vitter's fault. His original proposal was that the Census should ask not only about citizenship but about the legal status of immigrants.

That was obviously unnecessary since the plan was that all aliens, documented or not, would not count in population statistics used for reapportionment purposes. The Vitter amendment, in its original form, would have served only to scare the illegals off and skew the Census numbers.

After Stonecipher pointed this out, Vitter removed the offending words so that the additional question would be limited to the issue of citizenship. But the battle appeared lost by then.
Gill is right about Vitter's attempts to "scare the illegals off." And that makes Vitter's xenophobic pandering clear. At least to me it does. But what Gill fails to mention is that scaring these folks off from participating in the census isn't going to scare them out of the country. No, it will instead just make such folks scared of any person claiming to represent state authority, including local law enforcement, which any local law enforcement officer would tell you is never in the best interest of a community's security. And that, in itself, is a practical reason not to demagogue the census in this way, thus wrapping this important task up in all the nastiness towards undocumented immigrants that comes with the highly-charged immigration debate.

But there are other reasons to find fault with even the "sanitized" version of Vitter's proposal, which Gill seems to think is good and reasonable. And these reasons have precisely to do with what both Vitter and Gill think make this proposal a worthy endeavor: apportioning Congressional representation and federal dollars. The essence of this argument is twofold: (1) that, without excluding non-citizens from the census count, Louisiana stands to lose a seat in the Federal Congress, reducing its representation in Washington from 7 seats in the House to 6 seats; and (2) that states with low numbers of non-citizen populations would lose some portion of the pie (i.e. federal dollar disbursements to the states) based on general population statistics as determined by the census. And it may just very well be true that both of these outcomes will occur. First off, I'm not sure this would be the outcome, though it could be. But, even if it does turn out this way, I don't hold that this is necessarily a bad thing. Nor do I think that it would be an undemocratic outcome, which is what Vitter and Gill would have you think. Democracy is not just about serving citizens, but about representing communities. And state/municipal governments with higher non-citizen populations still have the demands of managing the well-being of their communities. Cheating these states and municipalities of the resources needed to serve their residents, citizen and non-citizen alike, will hurt not only the non-citizen residents, but also the citizen residents. Providing fewer federal dollars to support infrastructure, law enforcement, public health and social welfare programs, etc., of states and municipalities is not only a recipe for augmenting problems in such places, but it punishes the citizens of such places for a problem not of their own making. Try convincing a mayor or a citizen of a Southwestern Texas or Southern California city (or a Northeastern Texas or Northern California city with very few non-citizen residents, for that matter) that reducing per capita spending on services that keep their communities safe, healthy, and happy is a good and fair thing. I don't think many citizens in such places will think it is all that good or fair.

As for the whole questions of restructuring congressional delegations, the bigger picture suggests that the net outcome of the Vitter proposal in terms of the Republican/Democratic balance of power in Washington would be a relative wash. So, under the Vitter proposal, states with relatively low non-citizen populations wouldn't lose seats in Congress while states with relatively higher non-citizen populations would. This means, supposedly, that places like Texas and California would lose seats and places like Louisiana and Utah would retain their seats, while places where citizen populations increase for other reasons would see the number of seats in their Congressional delegations increase. But if Texas and California are likely to lose seats, so too are places like Arizona, New Mexico, Colorado, North Carolina and a host of other Southern and Great Plains states that have witnessed significant non-citizen population increases over the past decades. As many "red" state seats could be lost as gained; and the same for "blue" state seats. But, I think this argument in itself is a non-starter, because it rests on the assumption that it is only the non-citizen population that is changing the demographic makeup of certain states. I question this assumption. In places where non-citizen populations have grown since the last census, citizen populations have also likely grown alongside them as well. I'm not convinced that removing the non-citizen population from the census would alter the general population counts all that much so as to make a significant difference one way or the other. On this point, Gill, referencing demographer Elliott Stonecipher, writes:
Thus, with non-citizens in the count, Louisiana has 1.453 percent of the national population. But take them out and our share goes up to 1.538 percent, which Elliott Stonecipher, Louisiana demographer par excellence, figures would be more than enough to ensure that none of our estimable members of Congress would need to be sacrificed.
But I wonder what assumptions about citizen demographic shifts factor into this calculation? I wonder how Stonecipher is calculating Louisianians displaced by Hurricanes Katrina and Rita into his model? It's unclear to me how they arrive at this conclusion.

And then there's also the question of lying about citizenship status. I'd like to know what evidence Vitter has that including such a politically-charged question on a census questionnaire would produce the kind of outcome he hopes it will. I know that if I were a non-citizen resident in the U.S., especially if I were undocumented, I'd probably choose not to participate in the Census to begin with, or, if I did participate, not to answer this particular question. Or, if I thought that not answering the question would raise suspicion and draw the curious gaze of the state in my direction, I'd flat out lie about it. What I would never do, though, under any circumstance, would be to volunteer to a U.S. government authority via a census form information that I am not a citizen of the country. So, I honestly don't think Vitter's proposal would yield the kind of results he thinks it would.

In the end, in my mind, the reasons not to ask citizenship status on a census outweigh the parochial benefits, as elusive as they may be, that might be gained by including such a question. For politicians like Vitter (and even for pundits like Gill), one would think that the risk of angering all those citizens who may be punished by including such a question with the intent to discriminate on the basis of answers to it, or who would be put out by the manifest mean-spiritedness of it, wouldn't be worth the trouble for potential gains that may not materialize anyway. Let me offer this off-hand comment by Gill as an example:
Well over two-thirds of them [non-citizen residents] are in California and Texas, which thus gain Washington clout, and federal dollars, at the expense of Louisiana and other states that have relatively few residents unfamiliar with the Pledge of Allegiance.
With gratuitous cheap shots like that, the ugliness of the intent behind the proposal becomes pretty clear. And it's hard for those of us who know the non-citizen residents of our communities personally, people who often know more about this country than many citizens do and who are generally more grateful for the opportunities that being in this country provide to them than many citizens are, to muster up any sympathy for a proposal wrapped in such petty meanness.