Immigration

Gulf Coast slaves

Halliburton and its subcontractors hired hundreds of undocumented Latino workers to clean up after Katrina -- only to mistreat them and throw them out without pay.

  • more
    • All Share Services

Gulf Coast slaves

Arnulfo Martinez recalls seeing lots of hombres del ejercito standing at attention. Though he was living on the Belle Chasse Naval Base near New Orleans when President Bush spoke there on Oct. 11, he didn’t understand anything the ruddy man in the rolled-up sleeves was saying to the troops.

Martinez, 16, speaks no English; his mother tongue is Zapotec. He had left the cornfields of Oaxaca, Mexico, four weeks earlier for the promise that he would make $8 an hour, plus room and board, while working for a subcontractor of KBR, a wholly owned subsidiary of Halliburton that was awarded a major contract by the Bush administration for disaster relief work. The job was helping to clean up a Gulf Coast naval base in the region devastated by Hurricane Katrina. “I was cleaning up the base, picking up branches and doing other work,” Martinez said, speaking to me in broken Spanish.

Even if the Oaxacan teenager had understood Bush when he urged Americans that day to “help somebody find shelter or help somebody find food,” he couldn’t have known that he’d soon need similar help himself. But three weeks after arriving at the naval base from Texas, Martinez’s boss, Karen Tovar, a job broker from North Carolina who hired workers for a KBR subcontractor called United Disaster Relief, booted him from the base and left him homeless, hungry and without money.

“They gave us two meals a day and sometimes only one,” Martinez said.

He says that Tovar “kicked us off the base,” forcing him and other cleanup workers — many of them Mexican and undocumented — to sleep on the streets of New Orleans. According to Martinez, they were not paid for three weeks of work. An immigrant rights group recently filed complaints with the Department of Labor on behalf of Martinez and 73 other workers allegedly owed more than $56,000 by Tovar. Tovar claims that she let the workers go because she was not paid by her own bosses at United Disaster Relief. In turn, UDR manager Zachary Johnson, who declined to be interviewed for this story, told the Washington Post on Nov. 4 that his company had not been paid by KBR for two months.

Wherever the buck may stop along the chain of subcontractors, Martinez is stuck at the short end of it — and his situation is typical among many workers hired by subcontractors of KBR (formerly known as Kellogg Brown & Root) to clean and rebuild Belle Chasse and other Gulf Coast military bases. Immigrants rights groups and activists like Bill Chandler, president of the Mississippi Immigrant Rights Alliance, estimate that hundreds of undocumented workers are on the Gulf Coast military bases, a claim that the military and Halliburton/KBR deny — even after the Immigration and Customs Enforcement agency turned up undocumented workers in a raid of the Belle Chasse facility last month. Visits to the naval bases and dozens of interviews by Salon confirm that undocumented workers are in the facilities. Still, tracing the line from unpaid undocumented workers to their multibillion-dollar employers is a daunting task. A shadowy labyrinth of contractors, subcontractors and job brokers, overseen by no single agency, have created a no man’s land where nobody seems to be accountable for the hiring — and abuse — of these workers.

Right after Katrina barreled through the Gulf Coast, the Bush administration relaxed labor standards, creating conditions for rampant abuse, according to union leaders and civil rights advocates. Bush suspended the Davis-Bacon Act, which requires employers to pay “prevailing wages” for labor used to fulfill government contracts. The administration also waived the requirement for contractors rebuilding the Gulf Coast to provide valid I-9 employment eligibility forms completed by their workers. These moves allowed Halliburton/KBR and its subcontractors to hire undocumented workers and pay them meager wages (regardless of what wages the workers may have otherwise been promised). The two policies have recently been reversed in the face of sharp political pressure: Bush reinstated the Davis-Bacon Act on Nov. 3, while the Department of Homeland Security reinstated the I-9 requirements in late October, noting that it would once again “exercise prosecutorial discretion” of employers in violation “on a case-by-case basis.” But critics say Bush’s policies have already allowed extensive profiteering beneath layers of legal and political cover.

Halliburton/KBR, which enjoys an array of federal contracts in the United States, Iraq and Guantánamo Bay, Cuba, has long drawn criticism for its proximity to Vice President Dick Cheney, formerly Halliburton’s CEO. Halliburton/KBR spokesperson Melissa Norcross declined to respond directly to allegations about undocumented workers in the Gulf. “In performing work for the U.S. government, KBR uses its government-approved procurement system to source and retain qualified subcontractors,” she said in an e-mail. “KBR’s subcontractors are required to comply with all applicable labor laws and provisions when performing this work.”

Victoria Cintra is the Gulf Coast outreach organizer for Mississippi Immigrant Rights Alliance, which recently partnered with relief agency Oxfam America to help immigrant workers displaced by Katrina. She says KBR is exposing undocumented workers like Martinez to unethical and illegal treatment, even though they are supposed to be paid with federal Katrina-recovery dollars to clean and rebuild high-security facilities like the one President Bush recently visited. Cintra is one of several people fighting to recover the wages owed the workers: She drives her beat-up, chocolate-colored car across the swamps, damaged roads and broken bridges of the Gulf Coast to track down contractors and subcontractors. With yellow legal pad in hand, she and other advocates document abuses taking place at Belle Chasse, the Naval Construction Battalion Center at the Seabee naval base in Gulfport, Miss., and other military installations.

I was with Cintra when she received phone calls from several Latino workers who complained they were denied, under threat of deportation, the right to leave the base at Belle Chasse. Cintra also took me along on visits to squalid trailer parks — like the one at Arlington Heights in Gulfport — where up to 19 unpaid, unfed and undocumented KBR site workers inhabited a single trailer for $70 per person, per week. Workers there and on the bases complained of suffering from diarrhea, sprained ankles, cuts and bruises, and other injuries sustained on the KBR sites — where they received no medical assistance, despite being close to medical facilities on the same bases they were cleaning and helping rebuild.

Cintra and other critics say there’s been no accountability from the corporate leaders who signed on the dotted line when they were awarded multimillion-dollar Department of Defense contracts. “The workers may be hired by the subcontractors,” Cintra says, “but KBR is ultimately responsible.”

“Latino workers are being invited to New Orleans and the South without the proper conditions to protect them,” adds Cintra, who recently provided tents to Martinez and several other unpaid Mexican workers who fled Belle Chasse for Gulfport after being dismissed by Tovar. Cintra, a Cuban exile and born-again Christian, has since seen a small tent city of homeless immigrants spring up in the yard of her church, Pass Road Baptist, in Gulfport. “This is evil on top of evil on top of evil,” she says. “The Bush administration and Halliburton have opened up a Pandora’s box that’s not going to close now.”

Halliburton/KBR is the general contractor with overarching responsibility for the federal cleanup contracts covering Katrina-damaged naval bases. Even so, there is an utter lack of transparency with the process — and that invites malfeasance, says James Hale, a vice president of the Laborers’ International Union of North America. “To my knowledge, not one member of Congress has been able to get their hands on a copy of a contract that was handed out to Halliburton or others,” Hale says. “There is no central registry of Katrina contracts available. No data on the jobs or scope of the work.” Hale says that his union’s legislative staff has pressed members of Congress for more information; apparently the legislators were told that they could not get copies of the contracts because of “national security” concerns.

“If the contracts handed out to these primary contractors are opaque, then the contracts being let to the subcontractors are just plain invisible,” Hale says. “There is simply no ability to ascertain or monitor the contractor-subcontractor relationships. This is an open invitation for exploitation, fraud and abuse.”

Congress has heard a number of complaints recently about Halliburton/KBR’s hiring practices, including the alleged exploitation of Filipino, Sri Lankan, Nepalese and other immigrant workers paid low wages on military installations in Iraq. And KBR subcontractor BE&K was a focus of Senate hearings in October, for the firing of 75 local Belle Chasse workers who said that they were replaced by “unskilled, out-of-state, out-of-country” workers earning $8 to $14 for work that typically paid $22 an hour.

Sen. Mary Landrieu, D-La., who has been an outspoken critic of the use of undocumented workers at Belle Chasse and on other Katrina cleanup jobs, said in a recent statement, “It is a downright shame that any contractor would use this tragedy as an opportunity to line its pockets by breaking the law and hiring a low-skilled, low-wage and undocumented work force.”

Sen. Carl Levin, D-Mich., is also against the practice, citing its “serious social ramifications.” As he told Salon, it devastates “local workers who have been hit twice, because they lost their homes.”

Seventeen-year-old Simitrio Martinez (no relation to Arnulfo) is another one of the dozens of workers originally hired by Tovar, the North Carolina job broker working under KBR. “They were going to pay seven dollars an hour, and the food was going to be free, and rent, but they gave us nothing,” says the thin Zapotec teenager. Simitrio spent nearly a month at the Seabee base. “They weren’t feeding us. We ate cookies for five days. Cookies, nothing else,” he says.

Simitrio, his co-workers, and the dozens of KBR subcontractors that employ them operate under public-private agreements like federal Task Order 0017, which defines the scope of work to be fulfilled under the contracts. Under the multimillion-dollar Department of Defense contract, KBR is supposed to provide services for “Hurricane Katrina stabilization and recovery at Naval Air Station Pascagoula, Naval Air Station Gulfport, Stennis Space Center and other Navy installations in the Southeast Region,” according to a Defense Department press release.

But the details of the agreements remain murky. “Not only is it very difficult to see the actual signed DoD contracts, but it is nearly impossible to see the actual task orders, which assign the goods or services the government is buying,” says Scott Amey, general counsel for the Project on Government Oversight in Washington. The military can ask for goods and services on an as-needed basis, he says, which means that the contracts, which add up to tens of millions of dollars, can remain open ended. According to DoD press statements, the contracts call for considerable manual labor, including “re-roofing of most buildings, barracks, debris removal from the entire base, water mitigation, mold mitigation, interior and exterior repairs to most buildings, waste treatment plants, and all incidental related work.”

Simitrio and any other workers on the high-security military bases must get permission before entering the guarded gates, where they get patted down by M-16-wielding military police. Responsibility for getting private-sector construction and cleanup workers on the bases rests with the general contractor — in KBR’s case, security chief Kevin Flynn. One of Flynn’s responsibilities is to negotiate passes and entry for KBR subcontractors — and their hires — to do the work stipulated by the task order.

Yet, following several complaints by Landrieu, and just a few days after President Bush visited the Belle Chasse base, agents from the Immigration and Customs Enforcement agency raided the facility and detained 10 workers who ICE spokeswoman Jamie Zuieback said had “questionable” documentation.

Representatives of Halliburton/KBR do not acknowledge the existence of undocumented workers providing labor for their operations on the Gulf Coast bases. Flynn suggested speaking to the U.S. military, who he said “has real strict control” and would know whether there were undocumented workers. “We have workers from all ethnic groups on the base,” Flynn said. “To the best of my knowledge, there are no undocumented workers.”

Steve Romano, head of housing on the Belle Chasse base, said, “We have no relationship with [KBR] at all. I have no idea what that’s about.” A similar response was given by an official at the base’s health facility when asked about undocumented workers who complained about health issues and injuries sustained on the KBR sites. The only military person to acknowledge seeing Latino workers was a watch commander who greeted me at an entry to the base. The commander estimated there were 100 such workers there. Meanwhile, representatives with the Mississippi Immigrant Rights Alliance say they received calls from undocumented workers at Belle Chasse who estimated there were more than 500, or “about eight busloads” of immigrant workers on-site.

Texas-based DRS Cosmotech is another subcontractor that provided cleanup crews to Halliburton/KBR in the Gulf. Roy Lee Donaldson, CEO of the company, refused to respond to accusations of non-payment and exploitation leveled at his company by several workers, including 55-year-old Felipe Reyes of Linares, Nuevo Leon, Mexico. (Donaldson hung up the phone when I identified myself as a reporter.)

“Mr. Donaldson promised us we’d live in a hotel or a house. We lived in tents and only had hot water that smelled like petroleum,” Reyes said. The city of Belle Chasse has been identified in recent years as one of the most toxically polluted areas in the entire region, with several major energy companies operating there. A wide range of advocacy groups have warned about serious health risks facing Katrina cleanup workers.

“They didn’t want to pay us for two weeks of work. So we stopped working. We started a huelga [strike] on the base” added Reyes, who along with other workers, says he was later paid $1,100 — only part of what he says he was owed.

Another KBR subcontractor, Alabama-based BE&K, says it is not responsible for keeping track of the workers. BE&K spokesperson Susan Wasley said, “I can’t say that we require our subcontractors’ employees to produce documentation for us, because that’s what our subcontractor as employer has to do. That’s his responsibility.”

At the bottom of the KBR subcontracting pyramid are job brokers like Tovar and Gregorio Gonzalez, who helped hire laborers for Florida-based On Site Services, another subcontractor that reportedly failed to pay wages owed to workers in the Gulf Coast. The job brokers find workers by placing ads in Spanish-language newspapers like La Subasta and El Dia in Houston; the ads typically promise room, board and pay in the range of $1,200 a week. Job brokers also run television ads on Spanish-language stations like Univision. And they attend job fairs in places like Fresno, Calif.

Not all subcontractors refuse to discuss their links to KBR. Luis Sevilla is pretty open about it if you can get to the crowded hangar on the restricted premises of the Seabee naval base where he and his crew sleep and work. Sevilla put together crews for KBR subcontractors to remove asbestos and do other construction work; his workers told me they are paid and treated well. Asked about the people who own the R.V. with a “KBR” logo outside the hangar where his workers crowd into small tents, Sevilla says, “They contract with many, many companies.” Interviews with members of Sevilla’s crew revealed a number of undocumented workers.

Despite the evidence of undocumented workers cleaning up after Katrina, Halliburton/KBR maintains that it runs its operations within the bounds of the law. “KBR operates under a rigorous Code of Business Conduct that outlines legal and ethical behaviors that all employees and subcontractors are expected to follow in every aspect of their work,” spokesperson Norcross said by e-mail. (She did not respond to several requests for a phone interview.) “We do not tolerate any exceptions to this Code at any level of our company.”

Standing in spitting distance of the KBR-branded R.V., which is parked as if it were guarding the hangar, Jose Ruiz of Nicaragua knows that his role in the Katrina cleanup is anonymous at best. “I don’t have any papers, kind of like in that song by Sting — ‘I’m an illegal alien,’” says Ruiz, who lived in the United States for many years before arriving to work for Sevilla at the Seabee base. “That’s the way it is.”

Pacific News Service contributor Roberto Lovato (robvato63@yahoo.com) is a New York-based writer.

Will Latinos elect Obama?

Hispanic voters may not be as decisive a voting bloc as everyone assumes. Just look at the swing states

  • more
    • All Share Services

Will Latinos elect Obama?(Credit: AP/Jae C. Hong)

The conventional wisdom is that the growing Latino vote is key to President Obama’s reelection prospects. By all accounts, Latinos favor the president over Mitt Romney by wider margins than they favored him over John McCain in 2008, when he won two-thirds of the Hispanic vote and captured crucial swing states with large Hispanic populations, including Colorado, Nevada and Florida. Bloomberg reported this week that lower-than-average unemployment in the key battleground states “coupled with the growth of adult minority populations in those states create a higher bar” for Romney in his quest to oust the incumbent.

But a closer look at the numbers is not so reassuring for the president. Much of the growth in the Latino population has occurred in California, Texas, Illinois and New York, which are not likely to be competitive come Election Day. While the Latino population is growing fast, the Latino electorate is not. Compared to other ethnic/racial groups, Latinos are more likely than whites to be under 18 years of age or to be non-citizens. “For every 100 Hispanic residents in the United States, only 44 are eligible voters aged 18 and over and U.S. citizens,” notes William Frey, demographer at the Brookings Institution. “In contrast, 78 of every 100 white residents are able to vote.”

Frey has argued that “minorities will decide” the 2012 election, but he acknowledged in a telephone interview that Latinos, as a group, do not loom large in most of the dozen battleground states. According to his analysis of 2008 and 2012 census data, Latinos comprise less than 2 percent of the voting population in Ohio and Virginia. In North Carolina, New Hampshire and Iowa, they comprise 3 percent or less of the electorate. In Wisconsin, they comprise 3.1 percent of voters, down from 3.7 percent in 2008.  Even if Obama won an additional 10 percent of the Latino electorate in these states over what he did against McCain, the increase would be smaller than his margin of victory in 2008 in every case.

That leaves Florida, Nevada, New Mexico and Colorado, where the Latino vote appears to be large enough to be decisive in a close race. The good news for Obama is that many of those states could make the difference between winning and losing the White House. The bad news is that the outlook is distinctly less favorable to a more decisive Latino role than 2008.

As Frey has noted:

Minorities mattered in 2008 for three reasons: first, their relative sizes compared with whites increased in each state; second, their enthusiasm for the Democratic candidate was greater than in 2004; and third, white support for the Republican candidate (John McCain) waned in comparison to the previous election.

None of those factors appear to hold true in Florida. Latinos comprise about 15 percent of the state’s voters, unchanged from 2008. While a Gallup swing state poll earlier this month found Democrats are more enthusiastic about the president than Republicans are about Romney, they are also less enthusiastic about Obama’s candidacy now than they were in 2008, especially minority voters. As Real Clear Politics  has noted:

Enthusiasm among non-white voters is down from 74 percent at this point in 2008 (vs. 58 percent for whites) to 48 percent today (the same goes for whites). And, indeed, in 2010, African-American turnout reverted to the mean. If this occurs in 2012, Democrats will need a massive surge in the minority population elsewhere to make up for this regression.

The most likely place for this to occur is within the Latino community. That population grew smartly over the 2000s. But — much less remarked upon — the Latino electorate did not. Indeed, since 2004, it has been almost perfectly flat, and it contributed only marginally to the decline of the white vote from 2004 to 2008.

Only in the three swing states of the Southwest — New Mexico, Nevada and Colorado — does the Latino vote seem big enough to be decisive. In New Mexico, Latinos are 38 percent of the electorate, down slightly from 2008. In Nevada, Latinos are now 17.3 percent of all voters, up from 13.3 percent from four years ago. And in Colorado, Latinos are now 12.1 percent of all voters, up from 11.3 percent in 2008.  Only in these states does the combination of the size and growth of the Latino electorate and Obama’s edge on Romney appear capable of giving him a margin of victory he might otherwise lack. In the rest of the swing states, he’s going to need something else.

Continue Reading Close
Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Rep. Steve King: Immigrants are like dogs

Updated: On Monday, the Iowa GOP rep used a degrading metaphor to describe how America should select immigrants

  • more
    • All Share Services

Rep. Steve King: Immigrants are like dogsSteve King (Credit: Reuters/Larry Downing)

[Updated below]

Rep. Steve King, R-Iowa, compared immigrants to dogs at a town hall meeting yesterday, telling constituents that the U.S. should pick only the best immigrants the way one chooses the “pick of the litter.”

King told the crowd in Pocahontas, Iowa, that he’s owned lots of bird dogs over the years and advised, “You want a good bird dog? You want one that’s going to be aggressive? Pick the one that’s the friskiest … not the one that’s over there sleeping in the corner.”

King suggested lazy immigrants should be avoided as well. “You get the pick of the litter and you got yourself a pretty good bird dog. Well, we’ve got the pick of every donor civilization on the planet,” King said. “We’ve got the vigor from the planet to come to America.” The liberal research group American Bridge captured the comments:

King has long been one of Congress’ most vociferous and toxic opponents of illegal immigration and “amnesty,” often partnering with notorious immigration hawks like former congressman Tom Tancredo and Maricopa County, Ariz., Sheriff Joe Arpaio. In 2010, he took to the House floor to declare that he could detect “illegals” by their footwear and his “sixth sense.”

Lately, however, King has backed off his inflammatory rhetoric, thanks to a tough challenge from Democrat Christie Vilsack. His bird dog comments suggest, however, that his mouth will continue to dog him.

Update: In a statement, Vilsack’s campaign said, “If we’re going to have a real discussion on immigration, we should start by acknowledging that immigrants are human beings. Iowans are taught in their community, in their church, and at the dinner table to respect each other, not to compare people to dogs. People expect a serious discussion between candidates and that’s what we’re committed to.”

Continue Reading Close

Alex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald.

Mitt’s new Latino hurdle

The conservative Hispanic group Romney will address this week once slammed "right-wing extremists" on immigration

  • more
    • All Share Services

Mitt's new Latino hurdleMitt Romney (Credit: AP)

As part of an effort to win back Latino voters, Mitt Romney will address a conservative Latino business group this week that has advocated immigration policy views in stark contrast to his own. Romney’s “self-deportation” policy put him well to the right of many of his GOP primary challengers, and the Latino Coalition once slammed “right-wing extremists” who opposed comprehensive immigration reform.

The presumed GOP nominee’s Wednesday speech to the Latino Coalition comes as polls show Romney way behind President Obama among Latino voters and with little hope of capturing the 44 percent of the bloc George W. Bush won in 2004, a highwater mark for the GOP.  Even New Mexico Gov. Susana Martinez (R) — whom Romney floated as a potential vice-presidential choice — mocked the presumed GOP’s immigration policy last week.

The Romney campaign’s response has been that immigration is irrelevant to winning over Latino voters — jobs and the economy are the only things that matter. But his speech this week underscores just how difficult an argument that will be for him to make: In the past, the Latino Coalition has argued that immigration reform is part of a pro-business platform, not separate from it.

These days, the only immigration issue the Coalition mentions on its website is the “Mexican Trucking issue.” But the group aggressively advocated for comprehensive immigration reform under President Bush. In 2007, the Coalition’s president slammed “far right extremists” who opposed “common-sense [immigration reform] legislation that is so important for the security and economic vitality of our country.” The group “urge[d] Speaker Nancy Pelosi (D-CA) and the Democratic leadership in the House to demonstrate courage and leadership on this issue and take on immigration reform,” saying Pelosi could pass a bill “without the level of Republican support she is demanding.”

In the 2008 GOP primary, the Latino Coalition favored Rudy Giuliani — a veritable leftist on immigration reform compared to most Republicans — with the former New York mayor capturing 64 percent of the vote in a straw poll of the group’s members. Romney apparently finished behind Sen. John McCain and former Sen. Fred Thompson, as his name was not mentioned in the statement.

Meanwhile, the Chamber of Commerce, whose grand D.C. offices will host the event Wednesday, also supported comprehensive reform under Bush, similarly seeing it as a boon for free market capitalism. The powerful business lobby still calls for “an effective and streamlined temporary worker program so that employers can hire immigrant workers” and “a pathway to legal status for undocumented workers currently in the United States.”

This was essentially Bush’s policy too. But Romney’s infamous immigration advisor, Kansas Secretary of State Kris Kobach, who authored the draconian anti-immigration laws in Arizona and Alabama, said his candidate would not support any kind of pathway to legalization for undocumented immigrants.

The Romney campaign briefly attempted to disown Kobach after Romney won the primary and the advisor’s utility was spent, but he may have to throw his entire immigration policy under the bus with Kobach if he hopes to win over the Latino business owners on Wednesday, let alone Hispanic voters more generally.

Continue Reading Close

Alex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald.

Obama’s broken immigration promise

ICE said it would target dangerous immigrants, but it's actually deporting a higher percentage of non-criminals

  • more
    • All Share Services

Obama's broken immigration promiseA man in Ciudad Juarez, Mexico, stands next to the border fence as two U.S. law enforcement officers look on from the U.S. side of the fence. (Credit: AP/Raymundo Ruiz)

The Obama administration claims that it is deporting record numbers of illegal immigrants while focusing on those with criminal records. But new data from Immigration and Customs Enforcement shows that the number of deportation orders has declined dramatically since last summer and non-criminals comprise a growing percentage of those expelled from the country.

That wasn’t supposed to happen under a policy of “prosecutorial discretion” announced by ICE director John Morton last June. The goal of the policy, announced with much fanfare in the Spanish language media, was to spare “longtime lawful residents” from deportation and to focus on criminals.

Since then, the adminstration has deported many fewer non-criminal aliens. But non-criminals remain the vast majority of those deported. And those with no criminal record now actually comprise a slightly larger percentage of those forced to leave the country than they did before Morton’s announcement.

In the three months before the policy was announced last summer ICE filed for deportation proceedings against 61,192 people of whom 15 percent had criminal records. In the first three months of 2012, ICE sought 37,659 deportations orders, 14 percent of which involved people with criminal records.

“The agency continues to be headed in the opposite direction of its stated goals,” said Susan Long, co-director of the Transactional Records Access Clearinghouse at Syracuse University, which collected the data from ICE via a Freedom of Information Act request.

The goal of prosecutorial discretion, Long said in a conference call with reporters, “was to target and bring before the court those with more serious criminal history. As yet we’re not seeing any change. They have not turned the ship around.”

The administration implemented prosecutorial discretion in response to complaints that young people with no criminal records continue to face deportation. But the new data will come as no surprise to student groups such as United We Dream, National Immigrant Youth Alliance and DreamActivist, which continue to highlight the cases of law-abiding young people facing deportation.

Rep. Luis Gutierrez, D-Ill., has championed the case of a South Carolina man, Gabino Sánchez, a married father of two, who was arrested for driving without a license last year and now faces deportation.

“Gabino Sánchez has lived and worked and raised a family here for more than a decade and it is not in anyone’s interest to have him deported,” Rep. Gutierrez told Fox News Latino on Tuesday after a deportation hearing in North Carolina.  ”I do not understand why ICE has not followed President Obama’s guidelines and decided to move on from this case to go after someone else, someone who is a threat to his community or a serious criminal.”

In response to the TRAC findings, Gutierrez  said, “The president should make sure the Department of Homeland Security is actually following its own rules and he should proclaim proudly and loudly that he will not deport another DREAMer or anyone else who fits the prosecutorial discretion criteria.”

Continue Reading Close
Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Dreamers spurn Obama

Young immigrants feel tricked by the White House line on Marco Rubio's revival of the DREAM Act

  • more
    • All Share Services

Dreamers spurn ObamaSupporters of the DREAM Act take part in a demonstration in front of the White House. (Credit: AP/Pablo Martinez Monsivais)

Mohammad Abdollahi has not followed every twist and turn of the national immigration debate.  He has been too busy trying to save a friend from deportation.

Last month, 20-year-old Izlia Luna of Medford, Ore., was stopped by police for a traffic altercation. The judge threw out the charges. But under the mandate of the Obama administration’s Secure Communities program, Luna’s fingerprints had been taken. She was found to be undocumented. Luna was brought to the United States from Mexico when she was 2 years old. Instead of being released she was sent to an ICE detention facility in  Tacoma, Wash., 340 miles from her home.

“This is what immigration reform under Obama has gotten us,” says Abdollahi, who traveled to Tacoma to rally public attention to Luna’s case. “The right to spend up to $5,000 to get a loved one out of jail. When Obama says he isn’t deporting dreamers, he’s lying.”

“Marco Rubio is being a lot more authentic with us,” Abdollahi added.

The positive response of young immigrants  to Rubio’s still-vague alternative to the Democrats’ DREAM Act is central to the changing politics of immigration in the 2012 presidential campaign. In a series of meetings in Washington, Rubio is shopping for support, hoping to put forward a legislative proposal in the next few weeks. The Washington Post endorsed the idea on Monday.

By flirting with Rubio, the DREAM activists — representing an estimated 1 million young Americans, or “dreamers,” who are now barred from a path to U.S. citizenship — have wrong-footed the Obama White House and given pause to reelection campaign officials who had been counting on Latinos to fall in line with the president’s reelection. They have also caught the interest of Republican strategists worried about Romney’s narrowing path for victory in November.

Rubio is expected to propose the creation of a non-immigrant visa that would ensure undocumented young people who don’t have criminal records would not be deported and could eventually become citizens. The original DREAM Act failed to pass  the Senate in 2010.

“We are going to support whoever will come out and talk about the issue,” said Gabby Pacheco, a 26-year-old special education teacher from Miami and DREAM Act activist. “Rubio realizes this is key for us. Even if he is only doing it for political reasons, we’re willing to listen.”

The dreamers are backed by Latino Democrats on Capitol Hill, who feel betrayed by the Obama administration’s boasts of deporting a record annual average of 400,000 people over the last four years. After a friendly if inconclusive meeting with Rubio, Rep. Luis Gutierrez of Illinois told Politico his liberal allies  accused him of being the Florida senator’s new “best friend.”

The Obama White House hates the idea. Last week, presidential advisors Celia Munoz and Valerie Jarrett tried to discourage the dreamers from embracing Rubio’s proposal, saying it put at risk the original DREAM Act, which laid out a specific path to citizenship. According to the Washington Post, they had a meeting with DREAM Act-eligible students in Washington, arguing that “Rubio had not demonstrated he could win support from fellow Republicans and that the president would use his clout to push an immigration plan next year. ”

Pacheco, who attended the meeting, was not impressed with the White House appeal.

“You can’t wait until next year if you’re getting deported this year,” she said.  She described the White House officials as “very strategic” in their opposition to Rubio. She said the dreamers asked Munoz and Jarrett if the president could stop the deportations by taking administrative action that would not need to be approved by Congress, as Florida immigration activist Cheryl Little recently wrote in the Miami Herald.

“The thing that surprised us was they said no,” Pacheco told me. “They said, practically, ‘We don’t have the power to do this.’We’re trying to find out if that is true.”

It isn’t true, says Laura Lichter, an attorney in Denver and president-elect of the American Immigration Lawyer’s Association.

“The Obama administration  could certainly be doing more and better to improve the situation for DREAM Act students and to make immigration law and policy predictable and fair for everybody,” Lichter said in a telephone interview. “Whether they’re willing to do that in any way that might look like reasonable treatment for the undocumented remains to be seen.”

Presumptive Republican nominee Mitt Romney, who has advocated “self-deportation” for the likes of Abdollahi and Luna and the estimated 1 million DREAM Act-eligible students, is noncommittal about Rubio’s idea. Romney’s hard-line immigration advisor, Kansas Secretary of State Kris Kobach, initially rejected the suggestion as “amnesty,” but has more recently said he can “work with” the Florida senator, a nod to the growing realization that running on a platform of “self-deportation” is Romney’s ticket to self-destruction among Latino voters in November.

Whether Rubio’s gambit can sway Republican votes on Capitol Hill is doubtful. House Speaker John Boehner described passage of such a bill this year as “difficult at best.” Helping the undocumented is not a priority for most non-Latino voters, according to Republican pollster Scott Rasmussen.

While elite Republicans like Haley Barbour have said positive things about Rubio’s idea, the conservative blogosphere is notably unenthusiastic. The Weekly Standard touted Rubio’s recent foreign policy speech while ignoring his much-publicized idea of helping young undocumented Americans closer to home. The National Review hyped Rubio as a Romney running mate without taking a stand  on his proposal “to give the children of illegal immigrants a visa to continue their studies.” Talk radio stalwarts like Rush Limbaugh and Hugh Hewitt have yet to mention Rubio’s plan, while Mickey Kaus, the Daily Caller’s anti-immigrant blogger, notes conservative intellectuals can only agree to disagree on the issue.

If the Republicans’ intellectual base seems stumped by Rubio’s gambit, the Democratic incumbent comes off as arrogant. In a recent interview with Telemundo, President Obama said:

This notion that somehow Republicans want to have it both ways — they want to vote against these laws [like Arizona and Alabama] and appeal to anti-immigrant sentiment … and then they come and say, ‘But we really care about these kids and we want to do something about it’ — that looks like hypocrisy to me.

To the dreamers, Obama is just as hypocritical. “A lot of folks want us to be against  it,” Abdollahi said. “At the same time we hear from Obama administration that they’re not deporting dreamers. They’re tricking us. That’s what makes us supportive of Rubio.”

Continue Reading Close
Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Page 1 of 69 in Immigration