1. Enforcing Immigration Law A presentation prepared for the COMPAS conference at Ohio State University, May 10 – 12, 2012 Doris Marie Provine

2. An argument in 3 parts: Relevance of race/ethnicity in immigration enforcement. Relevance of race/ethnicity in immigration enforcement. Role of courts in identifying racial bias in enforcement. Role of courts in identifying racial bias in enforcement. Avoiding racialized enforcement of immigration law. Avoiding racialized enforcement of immigration law.

3. The early years – Fong Yue Ting v. US

4. US position pro exclusion It is now generally conceded that the most insidious and dangerous enemies to the State are not the armed forces who invade our territory, but those alien races who are incapable of assimilation, and come among us to debase our labor and poison the health and morals of the communities in which they locate.

5. Deportation - a racial project? Unease with erosion of traditional racial hierarchies? Unease with erosion of traditional racial hierarchies? Involve discretionary enforcement by rules of thumb, habits that exclude some? Involve discretionary enforcement by rules of thumb, habits that exclude some? Fueled by differences in surveillance and agency hype? Fueled by differences in surveillance and agency hype? Unwillingness to consider racial impact? Unwillingness to consider racial impact? Perpetuate ideas about difference that justify harsh enforcement? Perpetuate ideas about difference that justify harsh enforcement?

6. Our current unwanted aliens 1. Border with MX has 21,000 agents (85% of total) 10 arrests/person/2011 (123,286). 2. 6000 deaths since 1995 policies in place. 3. 40% of unauthorized immigrants did NOT cross any border illegally. (Nor did the 9/11 terrorists, who were in the US legally.) 4. We tolerate US Border Guard under neo- Nazi leadership (armed with semi- automatic rifles)

7. Immigration is pretty much unarguably the No. 1 recruiting element in the White supremacist world Bill Straus, Anti Def. League)

8. Both federal and local programs over-select Mexican nationals for deportation Deported 79% from MX or CA 1% from Can or Eur. 2% from Asia or Pac. Is. Illegally present 56% from MX or CA 56% from MX or CA 6% from Can or Eur. 6% from Can or Eur. 13% from Asia or Pac. Is. 13% from Asia or Pac. Is.

9. Interior enforcement Criminal Alien Program: Criminal Alien Program: Mexicans = 28% of foreign born in US Mexicans = 28% of foreign born in US 78% of criminal aliens 78% of criminal aliens National Fugitive Operations Program: National Fugitive Operations Program: Racial profiling? Racial profiling? 73% no prior criminal conviction 73% no prior criminal conviction Massive violations of search rights Massive violations of search rights Collatoral arrests outstrip targetted arrests Collatoral arrests outstrip targetted arrests

10. Racialization through devolution 287g Program – authorized both jail and patrol immigration enforcement with no controls on racial profiling. Sheriff Arpaio was an enthusiastic fan. 287g Program – authorized both jail and patrol immigration enforcement with no controls on racial profiling. Sheriff Arpaio was an enthusiastic fan. Although only adopted by 88 jurisdictions, it changed local enforcement. Although only adopted by 88 jurisdictions, it changed local enforcement. 2006 – 67,000 deported from local arrests 2006 – 67,000 deported from local arrests 2007 – 164,000 2007 – 164,000 2008 – 220,000 2008 – 220,000

11. According to ICE Secure Communities in 2011: 29% of those deported had been convicted of only minor crimes. 29% of those deported had been convicted of only minor crimes. 26% had no criminal records. 26% had no criminal records.

12. Racialization through devolution Secure Communities – ICE says it REDUCES racial profiling, cf Secure Communities – ICE says it REDUCES racial profiling, cf Travis Co., TX 82% are non-criminals. Travis Co., TX 82% are non-criminals. Maricopa Co., AZ, 54% non- criminals. Maricopa Co., AZ, 54% non- criminals. Nationally, 26% Nationally, 26% These numbers are not declining (TRAC) These numbers are not declining (TRAC)

13. And theyre not alone… St. Lucie FL 79% St. Lucie FL 79% Yavapai AZ 74% Yavapai AZ 74% Tarrant TX 73% Tarrant TX 73% Broward FL 71% Broward FL 71% Suffolk, MA 68% Suffolk, MA 68% Hillsborough FL 66% Hillsborough FL 66% Miami-Dade FL 66& Miami-Dade FL 66& Pima AZ 65% Pima AZ 65% Wake NC 64% Wake NC 64% Collin, TX 63% Collin, TX 63% San Diego, CA 63% San Diego, CA 63%

14. According to the PEW Hispanic Trust 1 in 10 Latinos wre questioned by police in 2010 1 in 10 Latinos wre questioned by police in 2010 Home-grown experiements with local enforcement, e.g. New Jersey Home-grown experiements with local enforcement, e.g. New Jersey 68 arrests, 65 of which were Latino. 68 arrests, 65 of which were Latino. 19 were pedestrians 19 were pedestrians Mostly no reason cited. Mostly no reason cited.

15. Racialization through local legislation Arizona Legal Workers Act (Employer sanctions) – Targets Mexican low-wage workers Upheld Arizona Legal Workers Act (Employer sanctions) – Targets Mexican low-wage workers Upheld AZ anti human smuggling law – Sheriff Arpaio created a 250-person possee to hunt for border crossers Upheld AZ anti human smuggling law – Sheriff Arpaio created a 250-person possee to hunt for border crossers Upheld 2006 – English AZ official language Upheld 2006 – English AZ official language Upheld 2011 – Ethnic studies banned in AZ schools Too soon to tell. 2011 – Ethnic studies banned in AZ schools Too soon to tell.

16. SB 1070 AKA: Support our Law Enforcement and Safe Neighborhoods Act AKA: Support our Law Enforcement and Safe Neighborhoods Act Official policy: Attrition through enforcement Official policy: Attrition through enforcement A political godsend: Omnibus law with many provisions A political godsend: Omnibus law with many provisions

17. Sheriff Arpaio

18. According to ICE: 29% of those deported through Secure Communities in 2011 had been convicted of only minor crimes. 29% of those deported through Secure Communities in 2011 had been convicted of only minor crimes. 26% no criminal records. 26% no criminal records.

19. A varied picture Most cities have no official policy or prefer dont ask policy. Most have no written or unwritten policy re immigration enforcement. Only a minority provide training for officers. Chiefs report variation in reporting accoring to seriousness of crime. Widespread enthusiasm for community policing v. Federal disinterest.

20. SB 1070 as presented to the US Supreme Court NO allegation of racial profiling NO allegation of racial profiling NO allegation of discriminatory intent NO allegation of discriminatory intent NO allegation of discrimination against Latino residents with legal status NO allegation of discrimination against Latino residents with legal status

21. Also unmentioned: AZ requirement to enforce federal immigration law to the maximum. AZ requirement to enforce federal immigration law to the maximum. Provision for any AZ citizen to sue police for insufficient enforcement of imm. law. Provision for any AZ citizen to sue police for insufficient enforcement of imm. law. Ban on transporting unauthorized immigrants. Ban on transporting unauthorized immigrants.

22. US did challenge was AZs right to make immigration law Show your papers requirement upon a stop where suspicion of unauthorized status. Show your papers requirement upon a stop where suspicion of unauthorized status. Arrest and detain anyone deportable w/o warrant. Arrest and detain anyone deportable w/o warrant. New state crime of not carrying papers. New state crime of not carrying papers. New state crime of soliciting employment. New state crime of soliciting employment.

23. Ending this racial project Problem : Racial profiling is rational if numbers are the measure of success Problem : Racial profiling is rational if numbers are the measure of success Solution : Take interior enforcement off the agenda via: Solution : Take interior enforcement off the agenda via: An on-going regularization program An on-going regularization program Open work permits for temporary visitors Open work permits for temporary visitors Reinstitutionalize compassion in all contested cases Reinstitutionalize compassion in all contested cases

24. Im with her.