Increase in Latino federal prison population reveals flaws in immigration policy
Our immigration laws are out of whack. And they are clogging our federal prisons with nonviolent folks who are guilty of nothing more than living, working and raising families here without proper documentation.
A Pew Hispanic Center study released in mid-February documents how Latinos now make up 40 percent of the estimated 200,000 prisoners in federal penitentiaries, triple their share of the total U.S. adult population and disproportionate to their representation in state and local jails (19 percent and 16 percent, respectively).
Nearly half of the Latino population in federal prisons are immigrants, with 81 percent sentenced for entering or residing in the nation without authorization.
We are now incarcerating tens of thousands of immigrants without criminal records or fugitive status. They don’t pose a threat to the community, and they shouldn’t be behind bars.
But they are languishing there because of a policy shift by Immigration and Customs Enforcement (ICE), which is increasingly targeting immigrants.
According to its Web site, ICE “protects national security and upholds public safety by targeting criminal networks and terrorist organizations that seek to exploit vulnerabilities in our immigration system, in our financial networks, along our border, at federal facilities and elsewhere in order to do harm to the United States.”
But there is no evidence that the vast majority of these immigrant prisoners have any intention whatsoever of doing harm to the United States.
They want to make a living.
They want to be with their families.
They want their children to have a better life than they themselves have had.
Our immigration service foolishly changed its policy to place these nonviolent immigrants on the same level as hardened criminals back in 2006. The agency eliminated a clause stating that three-quarters of those apprehended had to be criminals, allowing for non-fugitive “ordinary status violators” to be factored into their count.
Another counterproductive policy was “Operation Streamline,” which began in January 2008, with agents arresting and charging every person caught trying to cross the border. Before this, most Mexican nationals caught at the border were fingerprinted and returned to Mexico without criminal charges. According to the Washington Post, the number of criminal immigration cases filed by U.S. prosecutors nearly doubled in the first month of the program, accounting for “the majority of new Justice Department prosecutions nationwide in February — about 7,250 out of 13,500 — outnumbering all white-collar, civil rights, environmental and other criminal cases combined.”
Immigration officials also began mandatory jail sentences for immigrants using false working documents, a standard practice in the vast underground labor market. They are being prosecuted under the Identity Theft Penalty Enhancement Act of 2004, which was intended to break up organized theft rings and credit card scam artists.
According to a Syracuse University study, criminal prosecutions for immigration violations overall have ballooned as the federal government goes after undocumented migrant workers. The total of 11,454 immigration prosecutions in September 2008 alone represents an increase of more than 700 percent from September 2001, the study says.
This astronomical increase shows that our immigration policies have not only degenerated from their original intent, but are now spinning out of control and wrecking countless lives in the process.
Now, more than ever, a new legalization bill is needed to resolve the immigration issue, so that law enforcement can concentrate on more pressing issues.
Justin Akers Chacon is a professor of U.S. History and Chicano Studies in San Diego. He can be reached at pmproj [at] progressive [dot] org.
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Comments
Grenovulle I would like to say that your words are those of hate. Hate for your fellow man, ignorance is that of the weak and those who do not understand life or its lessons that history has tried to show us. To say that this Professor has no idea what he is talking about is wrong. I would like to pose a question to you first being what do you know of the history of Latinas/os? Do you know our stories, are pains, triumphs and failures. Do you know those who have caused harm to us and their crimes? Have you ever taken the time to look and say to yourself why it is they are immigrating here into this country when the land they come from is great in size full of life and diversity with plenty of resources as well?
In This article we see Professor Chacon writing on the impact that immigration laws have had on Latina/os specifically on the Chicano community. That the United States is indeed imprisoning more and more Non-violent offenders, it is crazy to say that they “illegals” as you say are harming the nation as a whole. Seeing that you yourself where once an immigrant to the U.S. Do you know the history of the U.S very well? If not I challenge you go out to the western states like that of California go into the agriculture business the corporate farms, look back into the 1920,30,40s and so on and you will see that this nation has had a strong need for immigrants to help work. Even in today’s world the reason why we don’t have jobs is do to our lack of infrastructure and due as to the fact that we are not a nation of Production, no instead we are a service nation and corporate culture that we have institutionalized is outsourcing well paying jobs.
This problem of immigration needs to be fixed, however, neither the U.S Congress or that of the Presidency has took any real effort to address this problem and have instead turned a blind eye to the horrors of what poor innocent people have gone through to make it into this country in search of a better life. We Latinos are no different to any other ethnic or religious groups that have arrived here to this country before us Italians, Jews, Irish, and Germans. In the late nineteenth Century over 33 million new immigrants have arrived into they united States and have been discriminated against but eventually assimilated and became “White” people because they where “Americanized”
Although this is true I would like to comment that the Laws that we have in the U.S that have provisions and affect on Immigrants are unfair, inhuman and against human rights. Laws passed by the U.S Congress such as the U.S immigration and Reform Act of 1996 which has a very damaging effect, in Which “If anyone who has entered into the U.S illegally and has committed a crime before or after this legislation (1996) and is ever found would automatically be subjected to deportation proceedings. It has retroactive powers. So no matter how long ago the crime was committed say 30 or 40 years ago you are still subject to deportation even if you served time in prison for the crime and it applies to all immigrants, don’t believe me go see an immigration lawyer. All Latina/o groups Asian etc... Then we also have the Patriot act that allows the government to with hold you indefinitely without pressing charges of a crime all in the Name of “National Security” And what’s worse say you are detained and the Nation you are from does not take back deportees? Then the Federal government will keep you imprisoned until your country changes its Foreign policy.
This is a fact and it is happing more each day. The U.S likes to go before the world and declare itself as the freest nation ever. How can this be so when the prison population is 2 million people incarcerated, made mostly of black African Americans as well as Latinos and other minorities and just as this article is written those imprisoned are non violent offenders. Some Justice huh? Some of you may ask why do I care about the Chicano community.
I am of Puerto Rican and Chilean descent. My family came to the U.S in the 1970s I know of the struggles of my family as well as that of other immigrant groups across the Latina/o communities. My father along with his parents and siblings came after the military take over of Chile in September 11, 1973 from General Augusto Pinochet Backed by the United States CIA and Henry Kissinger as Secretary of State to Nixon who ordered the over throw of the Chilean government. This is a known fact and one on the history books and a crime itself against humanity and the Latino community as a whole. I am also a student of the City University of New York (CUNY) John Jay College of Criminal Justice which is an internationally recognized institution leading in the felids of criminal justice. And have had the chance to study these events and analyze the reason behind these acts and see that most of it was a system of abuse to create profit by those who have and to steal the natural resources of Latin America.
So in Conclusion I ask that for those of you who do understand today’s social, political and economic policies that affect Latin America I say unto you go look back at the history of Latina America and the relationship of the U.S with Latin Americans and you will find a dark and sad story of death, war, and abuse that this nation has under took for hundreds of years of abuse even before the U.S Spanish war of 1898 when the U.S became an Imperial nation.