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Just-released inmates with infectious diseases need continuous treatment.

Why public and press have a right to witness military tribunal proceedings.

So what's it called if during war you criticize the President for any reason?
Treason.
And how long does this war go on (and this is where this theory's really pretty clever)?
Forever.

On Friday, September 15, four days after the terrorist attacks, an
18-year-old Moroccan boy received an unusual request from his school
guidance counselor: Come see me as soon as you can and bring your
passport. On Monday, well before his 8 am class, the boy climbed the
steps to James Monroe High School in Fredericksburg, Virginia, and
handed over papers showing that his visa had expired. A half-hour later
he was waiting anxiously in the school security office. He didn't know
the police were going to handcuff him and take him down to the station.
"I was upset I had already missed the first period, Virginia
Government," said the young man, who spoke on the condition of anonymity
in a phone call with his lawyer listening in.

Officer Jim Shelhorse, public information officer for the Fredericksburg
police, said the police never suspected the boy of terrorist activity.
And the boy's lawyer says that he had a pending application to extend
his visa, which meant that he was free to be here. But such distinctions
were lost on the police and school. And by the time his visa did expire
on December 4, the boy was already imprisoned in an Immigration and
Naturalization Service (INS) detention center in Arlington, Virginia. "I
am treated like a criminal," he said in a phone interview from the
detention center this winter. "I am with drug dealers and gun dealers.
They are not mistreating me but I am not comfortable."

The way the school guidance counselor turned in this student is just one
example of how, post-9/11, ordinary citizens have become watchdogs
policing the gateways to this country. Whereas the INS used to be solely
responsible for enforcement, others now eagerly participate in that
task. In fact, this activity has been encouraged: Weeks after the
terrorist attacks, the Bush Administration asked people to report
suspicious activity at the same time that it announced plans to use
immigration laws to fight terrorism, giving the impression that
immigration is everyone's business. Then, in December, a month after the
Justice Department asked police around the country to track down and
interview some 5,000 Middle Eastern men, the INS announced it was
placing 314,000 immigrants wanted for deportation on an FBI database
used by nearly all police agencies to check criminal charges. Now even a
local police officer writing a traffic ticket can determine that a
violator is subject to a deportation order and presumably make an
arrest. And on January 31 President Bush announced the creation of a
national volunteer agency called Citizen Corps to engage "ordinary
Americans" in reporting suspicious activity to the authorities. The
government will also expand the "Neighborhood Watch" program, in which
people report their neighbors' suspected terrorist connections.

As critics point out, when ordinary citizens or the police and FBI do
the INS's work, they don't know what they are doing. The result is both
inefficiency and discrimination. "It discourages immigrants from
providing information when they are the victims," said Lucas Guttentag,
director of the ACLU's Immigrants' Rights Project. "And it creates this
population that is exploited, denied protections of the law to the
detriment of society as a whole." The problem isn't new. In 1997 the
police in Chandler, Arizona, conducted a sweep of illegal immigrants as
part of an effort to "beautify" the rumpled agricultural town. Working
with the Border Patrol, police approached people on the street based on
the "lack of personal hygiene" and "strong body odor common to illegal
aliens," according to police reports leaked to the press. Police then
asked to see ID and immigration papers. Among the 432 people caught in
the "Operation Restoration" dragnet were scores of US-born Hispanics who
sued the city for discrimination.

Federal immigration officers undergo a seventeen-week residential
program that includes instruction on how to legally arrest someone on
grounds like fraudulent document production. Lacking such training,
police in Chandler often wrongly concluded documents were fakes and
arrested people anyway. "There has to be a reasonable, particularized
suspicion of wrongdoing," said Stephen Montoya, a civil rights lawyer
who represented the Chandler plaintiffs. "It can't just be because you
speak Spanish." In the case of the high school boy, the school guidance
counselor had little reason to ask for papers besides his national
identity. The boy's lawyers have argued that the school had no
jurisdiction to ask for immigration documents, and that a high school
student can't be denied basic education because he is an undocumented
immigrant. But the immigration judge rejected those arguments. (School
officials declined to comment.)

Legally, the 1996 Illegal Immigration Reform and Immigrant
Responsibility Act makes it easier for law enforcement to collaborate
with the INS and request information from the government. And though the
law doesn't require schools to report immigration violations, "drawing
the line is very difficult for individual citizens," says Peter Schuck,
a Yale Law School professor. In the past, however, courts have struck
down laws encouraging citizens to become INS snitches. California's
Proposition 187, which attempted to recruit social workers and
government bureaucrats to report immigration violators so they would be
denied access to public services, was declared unconstitutional by
federal courts.

Ironically, some of the post-9/11 policies actually obstruct
antiterrorism efforts by discouraging people from cooperating with
authorities. When the Justice Department asked 5,000 Arab-American men
to come forward, it was unclear whether the men were putting themselves
at risk of being turned in to the INS. "That's not a good law
enforcement strategy," said Ben Johnson, associate director of advocacy
at the American Immigration Lawyers Association.

Perhaps even more disturbing, alerting the government because someone
appears swarthy or wears a turban is now considered acceptable behavior.
"What is wrong with calling the FBI?" said Father James Mueller, a
priest in Queens, New York, when I asked if he had any regrets about
making a report on Rafiq Butt, a 55-year-old Pakistani, after neighbors
saw six Middle Easterners go to an apartment he shared with three other
Pakistani men. Butt died in detention of a heart attack. In another
case, on November 13, FBI agents wearing biohazard gear swooped into the
home of two Pakistani men; their neighbors reportedly suspected them of
manufacturing anthrax after they saw them dumping a cloudy liquid (soapy
water from a clogged sink) and handing over a silver canister (a food
dish for a friend) outside their home. The men said they understood.

The Virginia high school student was similarly charitable. He came to
this country by himself last year trying to escape what he would only
describe as discrimination based on his sexual orientation. A Queens
mosque helped him with a place to stay and he eventually met a friend
who offered him his country house in Fredericksburg while he completed high school. He had only attended the school for three days when
he was arrested. "This happened because of one person," he said. "The
majority of people treated me very good. The students were nice. They
showed me the whole school. They were helpful. The math teacher liked
me. It was Algebra II. I had it when I was in eighth grade. I did the
exercises very fast." At press time he was out on bond, living with a
foster family in Washington, working on getting his GED and waiting for
a July asylum hearing. His future plans are to attend college and major
in finance, perhaps in Canada.

As the shock of September 11 fades, courts are standing up for civil
liberties.

September 11 is being used as a reason to build up police intelligence
units.

Osmín, a Cuban trucker, is living in Florida legally--but that
didn't matter to the department of motor vehicles. When he was stopped
on May 2 by a policeman who wanted to see the permit for a job he was
working on, as well as his license, he handed over all the necessary
papers. Although they were in order, he was sent to the driver's-license
office because the document granting his temporary stay will expire
later this month. When dutifully checking in at the DMV the next day, he
explained that his application for permanent residency is pending,
allowing him legal stay until it is resolved. But the clerk, guided by
the governor's new antiterror restrictions, didn't understand the
intricacies of his immigration status. He confiscated Osmín's
license--good until 2007--and sent him home, unable to drive and unable
to work. "I feel very bad," said Osmín (who didn't want to have
his last name used out of fear it might harm his residency application)
the following workday, stuck inside. "I have to pay my bills, I've lost
a complete day of work and I don't know when I'll get my license back."

Spurred on by post-September 11 fears, more than a dozen states, from
Colorado to Delaware, have passed or are considering restrictions on
issuing driver's licenses to noncitizens. Some, like Georgia, Minnesota
and New York, may tie license expiration dates to the expiration of
immigration papers, as Florida, New Jersey and Kentucky do now.
Florida's Department of Highway Safety and Motor Vehicles now sends
records of all its transactions to the FBI every night. A Michigan bill
would authorize DMV staff to contact federal authorities if there is
"reasonable cause" to believe an applicant is an illegal alien. Even
legal refugees from Bosnia or El Salvador can get tripped up in the new
red tape. "If you make it difficult for people to get a driver's
license, you're going to get a lot more people driving without a
license, and we might have more uninsured drivers on the road," says Ben
Johnson, associate director of the American Immigration Lawyers
Association. "Getting tough on driver's-license law isn't going to make
the country any safer."

Declaring his state's enlistment in a "war against illegal immigration,"
South Carolina Attorney General Charlie Condon introduced legislation to
have local cops enforce federal immigration laws. Florida is working
with the Immigration and Naturalization Service on a groundbreaking plan
to deputize police officers as INS agents. "This gives police another
legal hook to justify their profiling and will prevent illegal
immigrants from reporting crimes against them," says Dan Kesselbrenner,
director of the National Immigration Project of the National Lawyers
Guild.

Heightening surveillance of foreign students, bills pending in
California, Minnesota and Georgia, and a new Virginia law, would require
colleges to report noncitizens to the INS if they repeatedly miss class
or withdraw. An Oklahoma measure would prevent noncitizens from
enrolling in flight school. "While everybody's in the patriotic mood,
people's tolerance level is a little bit lower," says Lena Lee, a
research assistant for South Carolina's House of Representatives,
describing a bill to restrict university enrollment of students who come
from a "state sponsor of international terrorism" as determined by the
US Secretary of State. "The rush is on to get the legislation out.
People are kind of blindly doing it--with good intent."

Oklahoma's Joint Homeland Security Task Force even brought up blocking
foreign students from certain courses. Representative Bill Paulk, a task
force member, said legislators are particularly worried about nuclear
design and computer classes. "Obviously," he said, "there are some
courses you would not want foreigners to take."

For more than a century, a recognizable pattern existed among those
migrating to New York City: They came first either through Ellis Island
or up from the American South, and more recently via JFK. As the
newcomers quickly helped build larger communities, they began to occupy
distinct places in the mental and physical geography of the city.

Yet the fastest-growing migration of the past few decades into the city
severely complicates the demographic pattern to which most New Yorkers
are accustomed. Mexican migrants, whose (counted) ranks nearly tripled
to 275,000 between 1990 and 2000, are indeed coming in significant
numbers, but they are staying for quite varying amounts of time and
inhabiting quite varying parts of the city. Spatially, there is no
Mexican equivalent of the Puerto Rican neighborhoods of the Bronx, or
the Dominican enclave in Washington Heights. That the vast majority of
those who come across the Rio Grande are undocumented also suggests that
it may be a while before the Mexican community will have a direct voice,
either politically or via organized labor, in city affairs.

Enter Jimmy Breslin. Yes, the same pugnacious figure familiar to New
Yorkers for his four decades as a muckraking columnist, and to national
audiences most recently for his intro to Spike Lee's Summer of
Sam
. Could there be a better guide to the new pattern of immigration
than Breslin? From a scholarly standpoint, the answer would obviously be
yes--the recent work of Arlene Dávila and Agustín
Laó-Montes, Nancy Foner and others is a good place to start. Such
scholarship shows that the current wave of immigration fits no one mold,
with some groups, particularly Mexicans, establishing a transnational
pattern of going back and forth to their home countries, thus making it
impossible even to identify a single unified process of Latino
immigration. But from the perspective of gritty, everyday, street-level
New York, or at least that fast-disappearing world of tough talk and
no-nonsense reporting, Breslin has no match as a firsthand observer of
the newcomers' place in the city's social hierarchy. Ultimately, the way
Breslin, an older, working-class Irish-American, grapples with the new
migration tells us more than a little bit about the changing meaning of
the American dream.

Breslin's new book, his eighth nonfiction work, tells of The Short
Sweet Dream of Eduardo Gutiérrez
. Gutiérrez, an undocumented Mexican
laborer, died in a 1999 construction accident in the Hasidic
neighborhood of the Williamsburg section of Brooklyn. For Breslin,
Gutiérrez's story not only typifies the hardships that Mexican
migrants face in coming north but shows how harsh the working conditions
are when they arrive. Gutiérrez, in other words, hardly lived the
life of a latter-day Horatio Alger. Instead of fortune, the city
provided only loneliness and a gruesome but entirely preventable death
in a cement foundation.

Gutiérrez's tragic demise sets Breslin on course to discover the
origins of what would otherwise have been yet another mostly forgotten
existence. Breslin goes to central Mexico, to the small town of San
Matias (near Puebla), to recapture Eduardo's life and surroundings
there, and then follows his tortuous journey north across the border,
before arriving in Brooklyn. In the process, Breslin accomplishes twin
goals: to show how Mexican migrants are increasingly making their way
well beyond the Southwest, steadily transforming the demographics of
Midwestern and Northeastern cities; and, more dramatically, he
illustrates how that migration probably has more in common with the
Middle Passage than with any of the heroism now accorded to the
immigrant journey through Ellis Island.

Breslin opens with a series of outsider's observations of life in
impoverished San Matias. Ninety percent of Mexican children will never
go to school beyond the sixth grade, and instead go to work, which in
places like San Matias is sporadic and pays almost nothing. Thus, as a
result of stories told by relatives and others within their community,
the young of San Matias live their lives with pictures of American money
in their heads. And "such poor, dark-skinned children," Breslin
observes, soon become the young adults who are migrating along with
counterparts from India, China and elsewhere to become New York City's
new majority, by which he essentially means people of color.

Getting here from San Matias is no mean feat. After hearing from his
girlfriend Silvia's brother-in-law of construction work in Brooklyn that
paid $6 or $7 an hour (to undocumented Mexicans), less than one-third of
what unionized American workers receive, Eduardo was tempted to go
north. After Silvia, only 15, told him that she was headed for Texas,
Eduardo, four years older, had even less reason to stay home. Breslin
then vividly re-creates both journeys, supplementing the two stories
with documentation of parallel dangers that Mexican migrants experience
every day: dangerous coyotes (smugglers), rattlesnakes, heat exhaustion,
drowning in the Rio Grande, suffocation in a tunnel leading to Tijuana,
getting hit by a train in Texas or a car in San Diego, local police,
airport security and, above all, the Border Patrol. Thus harrowed, both
Silvia and Eduardo nevertheless do land safely: the former in Bryan-College Station, Texas, where she works at both the Olive Garden and a
barbecue joint; and the latter initially at JFK, only after being
delivered COD by a coyote on a flight from Los Angeles.

Sympathetic as the author is to the courage and struggles of those who
endure such hardship in coming north, there are still some troubling
dimensions to Breslin's account, particularly in his somewhat simplistic
choice of terms to describe the process. He so often uses "the Mexicans"
as the subject of his sentences that one begins to fear Buchananesque
calls for big walls along the border (fortunately, they are not there).
Breslin also far too simplistically refers on many occasions to how
Mexican migrants are lured by The Job, and at one point riffs: "They
come across the riverbanks and the dry border, those people who want to
work, who want to scrub floors and clean pots, or mow lawns." Yet as his
own telling of Silvia's double shifts in El Paso and of Eduardo's later
job-hopping in New York suggests, the specific work matters much less
than the simple fact of a paycheck. Migrants seeking wages who will
accept the least-desirable work is surely more accurate than talk of
Mexicans who want "The Job," but then again, drama is Breslin's primary
concern.

Once away from the airport, Eduardo enters a frighteningly impersonal
city, and here Breslin emphasizes the changing meaning of the
contemporary immigrant experience: "Once, they came in dreadful old
ships, from Magilligan in Northern Ireland, from Cobh in southern
Ireland, from Liverpool and Naples and Palermo and Odessa.... Those able
to stand always scoured the horizon for the first look at a city where
the streets were decorated, if not paved, with gold." The numbers of
subsequent nonwhite migrations, particularly those of Puerto Ricans and
Dominicans, are missing from Breslin's litany, which illustrates the
degree to which the traditional mythology of immigration into New York
City needs to be rewritten continually. But here as elsewhere, Breslin
should be indulged, for the experience of Mexican immigrants in New York
is skewing more than a few familiar demographic patterns.

Eduardo's experiences in Brooklyn illustrate some of the unique features
of contemporary Mexican migration. He settles with a handful of others
from San Matias in Brighton Beach, an area whose Eastern European Jewish
identity grew rapidly with the influx of Russian and Ukrainian
immigrants in the early 1990s. On a few occasions, he and a friend would
go to Sunset Park, an increasingly Latino neighborhood and one of the
few areas of the city with a visible Mexican presence. Indeed, as the
ongoing research of John Mollenkopf and others demonstrates, even though
their ranks are growing rapidly, Mexican migrants are tending to favor
heterogeneous ethnic neighborhoods rather than grouping together.
Breslin's re-creation of Eduardo's life in the city may help explain one
of the reasons this is so. As Eduardo and his roommates drink a few
beers after a long day's work, they reminisce of home and discuss plans
to go back. That so many do go back and forth, perhaps, diminishes the
necessity for those who stay to form distinct neighborhoods of their
own.

Those working here as undocumented laborers also face conditions hardly
conducive to sticking around. Despite repeated building-code violations
elsewhere in the neighborhood, a slumlord named Eugene Ostreicher was
able to continue building in South Williamsburg, using undocumented
Mexican laborers like Eduardo. While working for Ostreicher in November
of 1999, Eduardo poured cement on the third and top floor, which was
supported by only three flimsy, improperly fastened beams; the structure
soon collapsed, and Eduardo drowned in cement three floors below.
Breslin thus takes aim at a variety of targets: Ostreicher, who was slow
to face punishment, and whose cozy relationship to City Hall (via Bruce
Teitelbaum, ex-Mayor Rudolph Giuliani's liaison to the Hasidic
community) had allowed him to keep building despite past violations; the
city's Department of Buildings, a bastion of frightening corruption and
inefficiency; and, to a lesser extent, the construction unions, which
allow the use of nonunion labor. Some of Breslin's examples do seem
tangential, like his discussion of a phony Pell Grant scheme run by
Ostreicher's Hasidic neighbors, or of Mayor Giuliani's war on sex shops.
But there is no doubting Breslin's crusading spirit, and he's always
good for a memorable barb or two--as when he reminds us that pre-9/11,
Giuliani did "virtually nothing each day except get into the papers or
to meet girlfriends."

As the book closes, with Eduardo dead and Ostreicher facing minimal
punishment at best, the meaning of the former's sweet dream is
uncertain. He came to New York with a desire only to make enough money
to go home, perhaps with Silvia. But now he is sent home in a casket
paid for by the Red Cross and the Central Labor Trades Council, the
latter doing so to "get into the newspapers." Though by no means the
first group to come to America with the primary goal of making money in
order to take it back home, Mexican migrants find a labor market that is
increasingly transient, unregulated and brutal. Still, despite the
hardships, they are helping to create a new, transnational version of
the American dream. It is a story that we all need to consider, and
Jimmy Breslin has successfully helped open the door.

A camera system in the nation's capital is making civil libertarians
nervous.

The recent decision of the Supreme Court in the case of Hoffman Plastic
Compounds, Inc. v. National Labor Relations Board
makes it plain that
the Court's majority lives in denial of the social reality millions of
working people face every day. The Court began by making worse an
already bad precedent. As a result of a previous decision in the case of
Sure-Tan Inc. v. National Labor Relations Board, millions of
undocumented immigrants lost the right to be reinstated to their jobs if
they were fired for joining a union. Now the Rehnquist Court says they
can also forget about back pay for the time they were out of work.

The decision rewards employers who want to stop union organizing efforts
among immigrant workers--the very people who've built a decade-long
track record of labor activism, often organizing themselves when unions
showed little interest in them. Their bosses can now terminate
undocumented workers who join a union, without monetary consequences.

But the Court's logic goes further, willfully ignoring social reality.
Today in 31 percent of union drives employers illegally fire workers,
immigrant and native-born alike. Federal labor law may prohibit this,
but companies already treat the cost of legal battles, reinstatement and
back pay as a cost of doing business. Many consider it cheaper than
signing a union contract. In the Court's eyes, however, retaliatory
firings are not even a violation of law.

William Gould IV, former chair of the National Labor Relations Board,
points to "a basic conflict between US labor law and US immigration
law." The Court has held that the enforcement of employer sanctions,
which makes it illegal for an undocumented immigrant to hold a job, is
more important than the right of that worker to join a union and resist
exploitation on the job.

According to Rehnquist, Jose Castro, the fired worker in the Hoffman
case, committed the cardinal sin of falsely saying he had legal status
to get a job. This lie, told by millions of workers every year, is
winked at by employers who want to take advantage of immigrants' labor.
It is only in the face of union activity that bosses suddenly wake up to
the fact that their workers have no papers (and usually then fire only
the ones involved with unions).

This decision isn't about enforcing immigration law, despite Rehnquist's
pious assertion that employers can already be fined for hiring people
like Castro. It's about money. When it becomes more risky and difficult
for workers to organize and join unions, or even to hold a job at all,
they settle for lower wages. And when the price of immigrant labor goes
down, so do the wages for everyone else. The decision has already been
misused by some employers, who have told their immigrant workers they no
longer have the right to organize at all, or have illegally refused to
pay them the minimum wage or overtime.

A recent study by the Pew Charitable Trust counts almost 8 million
undocumented people in the United States. They make up almost 4 percent
of the urban work force, and more than half of all farmworkers. The flow
of workers across the border will not stop anytime soon. The National
Population Council of Mexico reports that "migration between Mexico and
the United States is a permanent, structural phenomenon--the intense
relationship between the two countries makes it inevitable."

Sacrificing the rights of those workers will not stop people from
crossing the border, nor end the need for the work they do. If they are
to have legal status, the door to legal immigration must be opened and
sanctions repealed. But come they will, regardless. The Court's message
to them, however, is: Know your place. Do the work, stay in the shadows,
accept what you are given and never think of organizing to challenge the
structure that holds you in chains.

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September 10, 2014

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September 8, 2014

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September 5, 2014

Immigrants and allies rallied in more than a dozen US cities on Thursday to ask President Obama to use his executive authority to stop deportations of undocumented workers and their families.

August 28, 2014

Some of the hundreds of thousands of Mexican immigrants who were expelled from the United States after signing voluntary departure forms may be allowed to return and seek legal status

August 27, 2014