[migrawatch-public] [Fwd: End the War in Iraq and the War on Immigrants at Home]

*Workers Against War,*
**
*The following articles come from an email sent out to hundreds of
labor-based antiwar organizations and unions across the county, from US
Labor Against the War. We pass it along as good information for the
immigrant rights struggle on the Central Coast.*
***************************************************************************
**
*We have discussed the need for the labor, antiwar and immigrant rights
movements to work more closely and to support one another's struggles.
May Day offers an opportunity for labor antiwar forces to take a step in
that direction as tens of thousands of immigrants and their supporters
will demonstrate for real worker- and family-friendly immigration reform
and an end to the War on Immigrants in the U.S. *

*But not all immigration reform bills provide real solutions. The
"Strive Act" promoted by the Coalition for Comprehensive Immigration
Reform, falls short of real reform. It is a corporate-sponsored bill,
the current version of legislation previously introduced by Senators
Kennedy & McCain, that has met with strong criticism by many immigrant
rights advocates. The Strive Act includes provisions for what amounts
to a guest worker program, relies on stronger employer sanctions,
emphasizes greater border enforcement and would result in continuing
immigration raids that are not consistent with real reform. A critique
of the bill is copied below. It was written by Lillian Galedo,
Executive Director of Filipinos for Affirmative Action in Oakland.

In the interests of clarifying just what an immigrant and labor-friendly
immigration reform bill ought to include, we also reproduce a page from
David Bacon's website. David is a widely published and highly respected
journalist who has specialized in reporting on the struggles of
immigrant workers. You can read more from David and view his
exceptional photography at **www.dbacon.igc.org*
<http://www.dbacon.igc.org/>*. *

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The STRIVE Act is a False Promise
By Lillian Galedo, executive director, Filipinos for Affirmative Action

OAKLAND, CA (4/4/07) -- On the street, true immigration reform means:
fixing the family reunification system so families won't be separated;
legalization for the undocumented without incremental phases that
stretch out for years; due process and equal rights for immigrants;
immigrant worker freedom from exploitation and employer abuse; and an
end to the criminalization of immigrants on the border and in the interior.

We also need a serious investigation of immigration's root causes --
economic, military, or environmental --which cause the dislocation of
people from countries of origin. What role do our country's policies
play in that dislocation? Our national blind spot is that we see
immigration one-dimensionally -- only from our side of the border.

Unfortunately, we're getting none of these things from Congress in
2007. Congress continues to view immigrants through a national security
and disposable worker lens, proposing harsh enforcement while it moves
away from permanent, family-based immigration toward temporary worker
programs. For the aspiring millions who spoke out for immigrant rights
last year, this is not the response we wanted.

STRIVE (Security Through Regularized Immigration and a Vibrant Economy
Act of 2007), introduced by Congressmen Luis Gutierrez and Jeff Flake,
continues to mistakenly frame immigration policy as a national security
issue. In STRIVE, 'comprehensive immigration reform' means trading some
improvements in the family reunification system for greater numbers of
temporary workers, and the continued criminalization of immigrants.
Advocates for immigrant rights will not find a human rights perspective
in this bill.

STRIVE ramps up the militarization of the border and interior
enforcement. An electronic employment verification system and reporting
regulations will lead to increased racial profiling, more detentions and
deportations, and the spending of precious resources on more jails.

STRIVE increases employer sanctions. While sanctions don't prevent
employers from hiring the undocumented, they are a hammer over the heads
of immigrants; used to fire immigrant workers who organize or protest
mistreatment.

Thousands of families are waiting for an end to the backlogs that have
separated members for as many as 20 years. STRIVE does not increase the
current cap of 480,000 visas, so the reunification of separated families
will still take years. (In her very different bill, Congresswoman
Sheila Jackson-Lee has proposed to double family visas, which would go a
long way towards ending these terrible backlogs.)

STRIVE offers a 'path to citizenship' that could take two decades if an
applicant is able to satisfy excessive criteria. Applicants must first
endure a temporary status for 6 years. An immigrant can then apply for
permanent residence, but this won't kick-in until other applicants,
already in the pipeline for visas, have received theirs. Given current
backlogs, that could take 5 to 10 years, since STRIVE doesn't increase
the number of available visas. Also, Homeland Security must put in
place a document verification system and new border surveillance
technology before legalization can even start. That also could take
years. Once legalized, people would still have to wait at least five
years more before gaining eligibility for citizenship, pushing that goal
to nearly two decades. Throughout those years applicants must remain
employed to keep their application alive --a sure formula for employer
abuse.

If STRIVE becomes law, the number of temporary visas (400,000+) will
begin to exceed the number of permanent resident visas, a trend
supported by President Bush. STRIVE increases temporary worker visas in
spite of the system's documented abuse. The Southern Poverty Law
Center's recent report "Close to Slavery" exposed yet again that
intractable abuses are inherent in temporary worker programs. With
increased job competition, temporary workers would jeopardize the
already fragile place immigrants have in the economy.

We have no need for temporary workers if we legalize the 10+ million
undocumented, and make visas available for the 4 million family members
whose applications are already approved.

STRIVE does include provisions like the DREAM Act, the AgJOBS Act, the
Strengthening American Citizenship Act, and would provide visas for the
sons and daughters of Filipino WWII veterans. These are all positive
measures that should be passed as separate bills.

We should not support a bill that does not offer a viable plan to
legalize the undocumented, shifts immigration policy away from uniting
families to provide employers with temporary workers, increases the
likelihood of raids and treats immigrants like criminals.

The STRIVE Act is a false promise when we desperately need real solutions.
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*http://dbacon.igc.org/Imgrants/2007proposedbill.html

*The following is a proposal for a pro-immigrant, pro-labor immigration
bill for the 110th Congress. It is the fruit of discussion among a
number of immigrant rights and labor advocates and organizations. It has
been adopted by the Mississippi Immigrant Rights Alliance, which
encourages other organizations to discuss it, improve on it, and adopt
it as well.

For more information, contact:
Bill Chandler, MIRA, bcmobilize@bellsouth.net
David Bacon, dbacon@igc.org

*Proposed Concepts for Immigration Legislation - 110th Congress

**FULL LEGALIZATION FOR ALL UNDOCUMENTED PEOPLE

*All people living in the U.S. without legal immigration status can
apply for permanent residence status upon passage of this bill. From the
date of passage of the bill forward, all immigrants living in the U.S.
for at least five years shall be eligible to apply for permanent
residence status.

All legal residents, including newly legalized people, will have the
same labor and civil rights as the general population, in accordance
with the U.S. Constitution.

End the deportation of permanent residents for criminal violations, and
indefinite detention. Restore due process rights, equal access to the
courts and meaningful judicial review for all immigrants.

Use the fees paid by visa applicants to establish job training and job
creation programs in communities in the U.S. suffering from high levels
of unemployment

*FAMILY UNIFICATION

*Family unification has been the cornerstone of U.S. immigration policy
since 1965. Any changes to immigration laws should not compromise this
basic value.

In order to meet the global demand of immigrants to be reunited with
their families, the total number of family-based visas available will be
increased to 960,000 annually. Moreover, the visas allocated to
immediate relatives of US citizens will not be deducted from this new
global cap of 960,000. This amendment would ensure that all 960,000
visas go to the family preference. (This approach combines the best
elements of HR 2092 and S 2611 relating to family unification.)

*NO EXPANSION OF GUEST WORKER PROGRAMS

*There will be no increase in the number of visas issued under existing
temporary visa programs which tie the status of immigrants to a work
status, or to an employer. No new work-related visa programs will be
created. Holders of temporary work visas will have full legal and labor
rights. Employers are prohibited from recruiting workers outside the U.S.

*REPEAL EMPLOYER SANCTIONS

*Repeal section 274a - the employer sanction provision of the 1986
Immigration Reform and Control Act, and eliminate the verification of
immigration status in relation to employment, by employers or government
agencies. Immigration status should not be enforced in the workplace or
as a condition of hiring, because twenty years of experience shows this
prevents immigrant workers from exercising labor rights and enforceing
labor protection legislation effectively. The focus of workplace
enforcement should be on requiring employers to maintain legal standards
in wages, conditions and organizing rights.

*PROTECT AND EXPAND THE RIGHTS OF IMMIGRANT WORKERS

*Make it an unfair labor practice to threaten workers in relation to
their immigration status to prevent them from organizing or filing
complaits about the violation of fair labor standards,
anti-discrimination laws, or other statutes..

Ensure the privacy of Social Security records, prohibiting SSA from
sharing its database with other government agencies, including BICE and
Homeland Security. Mandate the use of SSA records exclusively for
ensuring that workers receive the benefits to which they are entitled.
Make it an unfair labor practice for an employer to fire or discriminate
against any worker because of discrepencies in their Social Security
records. Prohibit Homeland Security and other government agencies from
using SSA data for immigration enforcement purposes.

Increase the budget for the Wage and Hour Division of the Department of
Labor, and for the Occupational Safety and Health Administration, and
fund special programs for labor law enforcement in industries in which
immigrants are concentrated. Prohibit DoL and OSHA inspectors from
sharing information with BICE and Homeland Security, or the use of
information they collect for immigration enforcement purposes.

Congress should carry out a study of the impact of immigration
enforcement on the ability of immigrant workers to exercise their labor
rights.

Prohibit the NLRB from considering immigration status in the
reinstatement of workers fired for union activity or collective action,
and from considering immigration status in determining back wage claims.
This can only be done once employer sanctions are repealed. Reverse the
pre-IRCA Supreme Court decision (Sure-Tan) which limits the ability of
workers in the country without authorization to recover backpay for the
time period they were "unavailable for work," and prevents reinstatement
of workers not authorized to reside in the US.

Prohibit states from considering immigration status in determining
workers compensation, disability and unemployment benefits. This
prohibition will only apply to questions of immigration status. In all
other respects, states will continue to regulate in this area. Prohibit
SSA from considering immigration status in determining benefit payments.

Allow OSHA complaints to be filed by third parties, and parties off the
worksite, so that immigrant and other vulnerable workers can receive
protection without having to make complaints in person and in their own
name.

Codify the internal DHS operating guidance that prevents immigration
enforcement during a labor dispute.

Amend Title VII to include citizenship discrimination, which is now only
actionable through IRCA and does not cover non-immigrants (H workers,
TPS workers, etc.)

*BORDER JUSTICE AND DEMILITARIZATION

*End deadly border enforcement policies, and protect the human rights
and constitutional liberties of all immigrants and communities on the
U.S.-Mexico border.

Demilitarize the U.S.-Mexico border, including high technological
surveillance. Cease all enforcement policies, practices, measures, laws,
and strategies that force migrants to cross through the most dangerous
areas in the mountains and deserts where hundreds die every year.
Prevent the initiation of policies to militarize the U.S.-Canada border.
Tear down down the walls along the U.S.-Mexico border. Establish
mechanisms for independent civilian and community-based oversight of
border enforcement activity and of the detention policies pursued by the
Department of Homeland Security.

Grant unrestricted crossing rights for members of Indigenous nations and
communities living on both sides of the border.

Create sustainable economic development policies in developing
countries, instead of promoting free trade policies which lead to the
displacement of communities and their forced migration.

Negotiate bi-lateral migration policies and practices that uphold the
human rights of migrants with governments in the countries from which
they come.

Ratify the UN Convention on the Rights of Migrant Workers and their
Families.

========================================================================
Have you checked out the USLAW website lately? New material is posted
daily. The News section is one of the most comprehensive archives of
information about labor in Iraq and U.S. policy regarding Iraq available
on the Internet.

http://www.uslaboragainstwar.org <http://www.uslaboragainstwar.org/>

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