D.C.’S Status As A Sanctuary City in Doubt

The District of Columbia is a sanctuary city, which means that the city government limits their cooperation with the federal government’s effort to enforce immigration law. As a sanctuary city, District law enforcement cannot report undocumented immigrants unless they commit a serious crime. Federal agents in D.C. have begun to make arrests that have lead to the deportation of undocumented immigrants. Details regarding the arrests remain vague, as many question how these arrests are possible given the regulations that a sanctuary city should abide by. Recently, in the District of Columbia reports were made regarding detainment of undocumented immigrants.

The Heavy Hand of ICE

U.S. Immigration and Customs Enforcement (ICE) is a US federal agency that enforces immigration laws while investigating criminal and terrorist activity. ICE detains and deports undocumented workers. ICE’S national fugitive operations program carries out raids through a specialized team. ICE often takes part in collateral arrests; a collateral arrest is defined as arresting undocumented immigrants who happened to be in the place they were raiding, even if there was not a warrant for them. Fugitive operations, the section of ICE responsible for raids, claims that its operations target the most threatening criminals and terrorist suspects.

Being an undocumented immigrant is a civil violation and not a criminal offense. It is a misdemeanor offense that carries fines and no more than 6 months of jail time if entering the country illegally. Undocumented immigrants have rights under the U.S. Constitution; for example, it is unlawful to hold an immigrant past their release. The rights bestowed by the constitution are not honored when residents are detained until ICE comes to deport them.

Data reported on sanctuary cities including crime, immigration and safety does not match the statements reported by the president. The crime rate of a sanctuary city is 15% less than non-sanctuary cities. According to Houston police chief Art Acevedo, deportation fears amongst immigrants have caused immigrants to stop reporting crime. Undocumented immigrants even assist police but the fear of deportation has caused a 42.8% decrease in reports of crime by undocumented immigrants. During Obama’s 8-year term in office, Immigration and Customs Enforcement deported over 3.1 million individuals. According to the department of homeland security, most apprehended people were convicted criminals and not law-abiding residents.

Obama vs Trump

The difference between Obama’s immigration policy and Trump’s is that Obama refrained from prosecuting adults with kids. He also tried to expand deferred action in 2014. Under United States administrative law, deferred action is an immigration status which the executive branch can grant to illegal immigrants. It does not give them legal status, but can indefinitely delay their deportation. Obama’s plan was to include the parents of children who were granted Deferred Action for Childhood Arrivals (DACA) status. The Supreme Court struck down the order in a 4-4 vote, making it impossible for the Obama to expand the DACA program as he intended.

Trump attempted to dismantle the DACA program but U.S. District Judge John Bates ordered the Trump administration to fully reinstate the DACA program. Danielle Bennett, an ICE spokesperson states, “these laws help protect against jobs for US citizens and others who are lawfully employed.” However, the idea that immigrants take jobs away from Americans is a myth. Economic experts report immigrants create more jobs than they fill, forming new businesses, investing capital and spending dollars on consumer goods.

Trump also signed an executive order that tore up previous guidance on how ICE should prioritize its operations. As stated by the White House press secretary Sean Spicer, “the goal is not mass deportation, but to eliminate exceptions President Barak Obama allowed keeping undocumented immigrants who weren’t a threat.” This policy priority makes virtually every undocumented immigrant in the country deportable. Trump’s administration also seeks to end catch-and-release, the practice of releasing immigrants apprehended at or near the border with the expectation that they will later show up before a U.S. immigration judge. Trump also changed the process for people claiming asylum in the US because they suffered persecution in the countries they fled based on race, religion, nationality, political opinion, or social group.

Under president Obama, ICE’s policy was to prevent enforcement activities at sensitive places. The locations include schools, places of worship, hospitals and rallies where immigrants could go without the fear of deportation. These sanctuary places have lost their meaning under Trumps reign. ICE raids have caused detrimental damage to neighborhoods, financial stress on families, disruption of school attendance for students and physiological damage . . . → Read More: D.C.’S Status As A Sanctuary City in Doubt

#Timeisnow for Immigration Reform rally & live music, Tuesday October 8th

Mayor Gray Must Understand, Our Language is Our Right

Washington, DC – On July 22, 2013 Mayor Vincent Gray, along with a handful of aides and scores of reporters, paid a visit to Petworth with the intention of cracking down on synthetic marijuana and drug paraphernalia being sold at small businesses in the neighborhood. “That’s illegal, man. Can’t do that. That’s drug paraphernalia,” warned the Mayor. This isn’t the first time that Mayor Gray has posed as a law enforcement official in order to bust local shops, in his effort with the group Advocates for Drug-free Youth.

The visit took an unexpected turn, however, when Gray encountered an Ethiopian clerk who had trouble understanding English. “You don’t understand? How do you sell anything if you don’t understand? If somebody asks you for something, do you know what they’re asking you for?” Mayor Gray chided. At one point, visibly frustrated by the language barrier, the Mayor told the clerk “I don’t even, I really don’t know how you are working here if you can’t communicate with the people who come in here.” Despite criticism from NBC4 reporter Mark Segrave, the Mayor denied that his remarks could be considered insensitive and said that the language barrier was “irrelevant.”

According to federal and local laws, DC government must provide interpretation and translation when interacting with limited- and non-English proficient individuals. By asking for interpretation and having his request denied, the clerk was deprived of his right to “equal and meaningful” access protected by Title XI of the Civil Rights Act and the DC Language Access Act of 2004.

Over 85,000 DC residents speak a language other than English at home, according to the 2010 Census. The most common languages include Spanish, Amharic, French, Chinese, Korean, and Vietnamese. With these facts in mind and the law on his side, it is difficult to watch the Mayor tell the young clerk that his actions are illegal — not to mention while Mr. Gray himself is under federal investigation for corruption charges.

It isn’t the first time a PR move like this has gone wrong for the Mayor. Just this time last year, he brought a small army of city officials with him to Martin Luther King Boulevard in SE to demand that shop-owners stop carrying rolling papers and selling loose cigarettes. In many of the stores, Mr. Gray and the Director of the Department of Consumer and Regulatory Affairs (DCRA) Nicholas Majett also encountered language barriers. Then too, the City Paper’s Alan Suderman picked up on the Mayor’s disregard of language access laws:

It did not seem like many of the foreign-born clerks would be able to read the letters without some assistance, as they often appeared to have no idea what the mayor was saying. Majett said it’s a common ploy for immigrant clerks to claim poor English skills whenever dealing with the DCRA. “We always get that,” he said. And Gray said they were still getting the message. “They don’t speak English well, but they understand this is an enforcement visit,” he said.

Following the Suderman piece, the DC-based organization Many Languages, One Voice revisited the stores to get reactions from the owners, most of whom were Korean and spoke little English. MLOV also responded to the most recent incident in Petworth in a video made by English language learner youth in their student organizing program, S.M.A.R.T. (Student Multiethnic Action Research Team):

Lidya Abune, a former S.M.A.R.T. member was surprised by the Mayor’s actions, saying:

“The fact that he’s making fun of him, I don’t expect that from the Mayor. I really respect Vincent Gray, but this is really immature. And definitely in DC, we have the Language Access Act and we have to respect it. DC is very diverse. We have a large immigrant community and you will be respected if you respect someone’s language, culture…it’s really critical. It is someone’s identity…You have to show respect for the people that you’re serving.”

Laws are on the books for a reason. As progressive as the DC Language Access Act is, it is born partly out of the violence and bloodshed of the 1991 Mount Pleasant riots. Incited when police openly shot and killed a handcuffed Latino man, the riots catalyzed big changes in the way government worked with non-English speakers, and immigrants more generally:

Ultimately, government and community leaders realized that language barriers, discrimination, and unequal access to services in the Latino community had created the conditions . . . → Read More: Mayor Gray Must Understand, Our Language is Our Right