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Immigrants and the real terrorists in America
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The New Year was met with an unveiling of stories about the continued trampling upon of the powerless in American society; in this case it was immigrants placed in detention centers throughout América. Sunday’s news article in the Denver Post, Truth about detainee deaths routinely stifled is not new news. There is beaucoup research, books and testimonios regarding the severe punishment and inhumane treatment doled out to immigrants from a variety of countries housed in American detention centers.


Immigrants are wary souls, jaded by the xenophobia of the times. According to Michael Cronin, following the tragedy of 9/11 entrance into the United States of América became difficult as the United States gathered its intelligence units, agency heads and policy makers to seek out a balanced approach to comprehensive immigration policy. Cronin stated, “[The United States] is caught between exclusionists and the expansionists, between the nativists and the internationalists.”


There is a mixture of economic variables that confound the issue. Business folks want a continued supply of cheap labor. Universities love to recruit rich foreign students with megabucks. The government is kowtowing to rich foreign oil magnates from other countries. Civil rights activists are up in arms about immigrant’s civil and human rights abuses and México depends on the continued flow of the dollar into its country created by a burgeoning business where American dollars are remitted. During this mishmash of contradictory forces, many immigrants have spent time jailed in brutal detention centers.


Following 9/11 Presidents George Bush and Vicente Fox walked from the conversation table. The infusion of security as a principle objective had become what seemed an unachievable provision in comprehensive immigration policy. Policy wonks attempted to shape legalese to keep trade doors open while offering security to Americans both at home and abroad.


The economy suffered a big blow as tighter border security was established. The economic impact was devastating. There were murmurs that marginal profits under NAFTA were negatively being affected as economic efficiency tools could not be implemented. For example, truck loads of manufactured goods under a search and seize border mentality were unable to reach their destinations on time waiting in long lines on border cities ostensibly leading to a decline in production. The unspoken historical pattern of circularity, a metaphorical underground railroad, was halted. The absurdity reached its apex as the passage of legislation to build a 700-mile fence was passed. As a result, President Bush will be remembered as the President who built the muro.


In The Closing of the American Border: Terrorism, Immigration and Security Since 9/11, Edward Alden writing for the Council on Foreign Relations, “an independent, nonpartisan membership organization, think tank dedicated to being a resource for its members, government officials, business executives, journalists, educators and students, civic and religious leaders, and other interested citizens in order to better understand the world and foreign policies,” has been critical of América’s attempt to pass comprehensive immigration policy. Alden argues that in general the Constitution was twisted into an arsenal of negative harsh interpretations causing massive injustice aimed at immigrants coming into American society.


John Ashcroft, US Attorney General was hell-bent on sweeping terrorists off the streets even if it meant violating constitutional rights. However, his offices lacked the clout. The FBI was unable to use its powers to detain people. To address this, he built relationships with the INS, la migra, whose powers seemed limitless when dealing with immigrants.


Under the Fourth amendment, the FBI “cannot arrest and hold American citizens—or foreigners charged with a criminal offense—without probable cause. Agents have 48 hours to bring any suspect before the courts, demonstrate lawful grounds for continued detention and allow the suspect access to a lawyer.” However, the safeguards for immigrants charged with only immigration offenses are significantly weaker. Immigrants are not allowed “the reading of the Miranda rights, protections from unreasonable search and seizure and the right to a government-appointed lawyer if they cannot afford one for noncitizen.” In essence, they are guilty until proven innocent. Ashcroft seized this opportunity to hold and detain citizens and noncitizens, visa holders and undocumented workers without probable cause.


Ashcroft became palsy-walsy with identified terrorist czars and began clamping down on immigrants during a time when political insecurity in the Bush Administration appeared to be wavering on a get tough approach. 9/11 put a new spin on immigration conversations as Americans became insecure, willing to sacrifice their civil liberations for a tad of protection. Nations reacted with disgust; many stopped traveling to this country with accusations of racial profiling.


Physical human abuse was not the only problem pointed out by the Post’s article, violation of civil and human rights were also became paramount.


Now that Amar Farouk Abdulmutallab, the Nigerian who allegedly carried explosives onto an airplane has been arrested and the loopholes in security are being discovered, let’s hope that resources will be put into stopping the real terrorists, not the powerless in society.





Dr. Ramon Del Castillo is an Independent Journalist.



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