Posts Tagged 'racial profiling'

Pregnant Latina forced to give birth in shackles by Arpaio deputy

Phoenix New Times, October 20, 2009

Pregnant Latina Says She Was Forced to Give Birth in Shackles
After One of Arpaio’s Deputies Racially Profiled Her

Forced to give birth in shackles

The bleeding kept her up all night, drenching her black-and-white-striped jail uniform.

Alma Chacón feared her baby would arrive early. Her nightmare had started with a traffic stop a day earlier. She’d been weeping since. “What if the baby is born here, in the jail?” she thought.

In the afternoon, she was shackled and transported to Maricopa County Medical Center, where she gave birth in a “forensic restraint.” She couldn’t hold her baby daughter or kiss her. She could only watch as hospital personnel carried the infant out the door. She wouldn’t see the baby for 72 days.

Her case raises questions about the use of racial profiling by Maricopa County sheriff’s deputies during traffic stops, but, most importantly, sheds light on the mistreatment of unconvicted immigrants inside county jails.

Chacón retells her story inside her trailer home in Queen Creek. Outside, her children play in the shell of a home under construction. It’s Chacón’s dream townhome, and she’s been building it a block at a time.

She looks younger than 35; her long, black hair rains straight to the small of her back. The immigrant from Durango, Mexico, has quiet tears. She came to America when she was 16 on a tourist visa and never looked back.

No one promised it would be easy. Tamale sales and housecleaning have barely enabled her to feed her children. The father of the first four of her kids died six years ago in a car accident.

Fear of deportation was always a normal part of Chacón’s life in Queen Creek. The town, with a population of 23,000 on the outskirts of Maricopa County, has a contract with the Sheriff’s Office for police services. Like many immigrants, she drives slowly so she doesn’t attract suspicion.

But that didn’t help the afternoon of October 12, 2008, when she came head to head with a sheriff’s deputy. It was a Sunday and she was on her way to cash a check at the grocery store. Giselle, her 8-year-old, was along for the ride.

“He looked at me, did a U-turn, and got behind the car,” she said of the sheriff’s deputy. “There wasn’t time to check my plates.”

When he came to the driver’s-side window, she handed him her Mexican consular card.

“When are you due?” the deputy asked in English.

“October 21,” she answered.

Minutes later, he put her in handcuffs. There were two warrants for her arrest.

Turns out Chacón owed more than $1,000 in fines for driving without a license and had a misdemeanor shoplifting charge. She said that because she isn’t allowed to get a driver’s license because of her undocumented status, she wasn’t able to earn money to pay the fines. She had to drive, she said, to work and support her children. She said even the shoplifting charge came because, after her husband died, she was desperate and stole food to keep her children alive.

“If someone doesn’t come and pick up your daughter in 30 minutes, I’ll call CPS [Child Protective Services],’ the deputy told her.

A neighbor picked up a sobbing Giselle.

“That’s when the nightmare inside the nightmare began,” she said.

She spent her first night at the Fourth Avenue Jail on a cold cement bench. The following day she was taken to the Estrella jail.

During her second night behind bars, the bleeding started. On the morning of October 14, she felt contractions. Her hands and feet shackled, she was in labor and ushered into a paramedic’s van by a detention officer who restrained her to the stretcher.

“That’s not necessary,” the paramedic told the officer.

“It’s my job,” the officer responded. The guard was a Latina.

She thought she would be released from the shackles once she arrived at the hospital, but she wasn’t.

The officer chained her ankle to one leg of the hospital bed.

A nurse requested that she be freed to get a urine sample. But the officer suggested instead that her bed be dragged over to the bathroom.

Later she was changed from her jail uniform into a hospital gown.

“The officer chained me by the feet and the hands to the bed,” she said. “And that’s how my daughter was born.”

Baby Jaqueline was delivered at 9:25 p.m. and weighed 6.28 pounds. Chacón stared at her daughter as nurses cleaned her. It was a precious eight minutes, she said. But they didn’t allow her to hold the baby.

When questioned later about the incident, Sheriff Joe Arpaio said, “I wasn’t the one who kept her from holding the baby. Ask the hospital.”

Sheriff’s Office policy states that jail inmates be restrained for “security reasons in an unsecured facility,” said Jack MacIntyre, an MCSO deputy chief. McIntyre said a 12-foot chain link was attached to Chacón’s leg.

“Let’s assume someone is faking labor — that’s a hypothetical — and she then chose to escape and hit or assault the hospital staff,” McIntyre said. “She could do that easily because it’s an unsecured area.”

Sentenced, pregnant state prison inmates are treated better than un-sentenced ones in Maricopa County jails. Arizona Department of Corrections policies state: “A pregnant woman will not be restrained in any manner while in labor, while giving birth, or during the postpartum recovery period.”

Hospital records mentioned that Chacón had a forensic restraint on her ankle. Doctors turned down a request from New Times to talk about her case, even after Chacón gave consent for the release of her medical files.

Over the following weeks, after she was back in the county lock-up, her breasts swelled and hurt. Jail guards wouldn’t give her a breast pump. Nor would they give her enough medication to make the pain stop. She got one dose of pain medication a day, no matter how extreme her discomfort.

She worried about her four children, who were left alone in the care of her 17-year-old son, William. She said the baby’s father, her boyfriend, had left her after he found out she was pregnant.

“I felt so sad to see her children alone,” said Chacón’s mother, Maria Gómez, who arrived from Durango, Mexico, with a visa four days after her daughter was arrested.

Gómez took care of Chacón’s new baby, who had been picked up at the hospital by a family friend.

On October 29, a judge let her go but told Chacón she’d be on probation for two years, during which time she must pay all her remaining fines.

She waited 14 extra days in jail to be picked up by U.S. Immigration and Customs Enforcement.

“[ICE officers] took me to the Florence Detention Center, where they treated me much better,” she said. “At least not like an animal.”

There, she refused to sign a document for her voluntary removal from the country.

The story of an immigrant mother’s struggle to care for her children was told repeatedly on Spanish-language radio. People in her community raised $3,000 needed to make the bond set by an immigration judge, and she was released from custody.

Chacón’s hopes are up these days. After almost 20 years in the country, she may have a strong case to stay with her five children — who are all U.S.-born and therefore American citizens. Her attorney filed a motion to cancel her deportation, and now she’s hoping to get a work permit.

It’s been a year since the arrest (baby Jacqueline just turned 1).

“I’m not afraid to come out with my story,” she said. “But I’m disappointed to see that not much has been done to stop [Joe Arpaio].”

Immigrant Rights Groups demand end to Homeland Security’s 287(g) program and racial profiling

Immigrant Rights Groups’  Letter to President Obama Demanding An End to
Homeland Security’s 287(g) Program and Racial Profiling in Immigration Enforcement

Also see press release  Obama Accused of Continuing Bush’s Racial Profiling of Immigrants, Democracy Now on racial profiling and abuse in the 287(g) program, and NY Times Firm Stance on Illegal Immigrants Remains Policy (sic),  Shackled While Giving Birth – Police Abuse 287(g), and Immigrant Groups Protest Napolitano’s Visit

A handful of protesters call on the Obama administration to follow through on immigration reform. (Christine Lin/The Epoch Times)

Protesters call on the Obama administration to follow through on immigration reform. (Christine Lin/The Epoch Times)

San Francisco Gray Panthers and the national Gray Panthers have endorsed this letter.

July 31, 2009

The President

The White House

Washington, DC 20500

Dear Mr. President:

We, the undersigned civil rights, community, and immigrant rights organizations, urge you to imme-diately terminate the 287(g) program operated by the Department of Homeland Security (DHS). The program has come under severe criticism this year because local law enforcement agencies that have been granted 287(g) powers are using the program to target communities of color, including disproportionate numbers of Latinos in particular places, for arrest. Racial profiling and other civil rights abuses by the local law enforcement agencies that have sought out 287(g) powers have compromised public safety, while doing nothing to solve the immigration crisis.

We applaud your recent remarks acknowledging, that “there is a long history in this country of Afri-can Americans and Latinos being stopped by law enforcement disproportionately.” However, DHS’s continued use of the 287(g) program exacerbates exactly this type of racial profiling. In light of well-documented evidence that local law enforcement agencies are using 287(g) powers to justify and intensify racial profiling, Secretary Napolitano’s July 10, 2009 announcement that DHS has ex-panded the 287(g) program to include 11 new jurisdictions is deeply alarming.

Since its inception, the 287(g) program has drawn sharp criticism from federal officials, law enforce-ment, and local community groups. The program, largely recognized as a failed Bush experiment, relinquishes the power to enforce immigration law to local law enforcement and corrections agencies and has resulted in the widespread use of pretextual traffic stops, racially motivated questioning, and unconstitutional searches and seizures primarily in communities of color. In a country where racial profiling by law enforcement agents has led to massive arrests of people of color, these efforts to push immigrants into the criminal justice system is not surprising, but absolutely counterproductive to increasing public safety.

A March 2009 Government Accountability Office (GAO) report criticized DHS for program misma-nagement and insufficient oversight of the controversial program. The DHS Inspector General is currently conducting an audit of the 287(g) program, and the Department of Justice launched a civil rights investigation into the Maricopa County Sheriff’s Office, whose 287(g) program has been widely criticized for engaging in racial and ethnic profiling. The Police Foundation, the International Association of Chiefs of Police, and the Major Cities Chiefs Association have expressed concerns that deputizing local law enforcement officers to enforce civil federal immigration law undermines their core public safety mission, diverts scarce resources, increases their exposure to liability and litigation, and exacerbates fear in communities.

Reports of abuse in local communities have been widespread. In Davidson County, Tennessee, the Sheriff’s Office used its 287(g) power to apprehend undocumented immigrants driving to work, standing at day labor sites, or while fishing off piers. One pregnant woman—charged with driving without a license—was shackled to her bed during labor. In Gwinnett County, Georgia, even without formal 287(g) powers, over 350 individuals were detained and deported from the jail this February after being arrested for driving without a license, a county ordinance violation, or on traffic or misdemeanor charges. The Gwinnett jail is triple-bunked, with one person in each cell sleeping on the floor, and the jail’s internal SWAT team is known for appearing in ski masks to subdue detainees it deems uncooperative. Yet, Gwinnett County is among the 11 jurisdictions granted new 287(g) approval by Secretary Napolitano earlier this month.

In a recent research report, Justice Strategies, a nonpartisan research firm, found evidence that links the expansion of the program to racial animus against communities of color. According to FBI and census data, sixty-one percent of ICE-deputized localities had violent and property crime indices lower than the national average, while eighty-seven percent of these localities had a rate of Latino population growth higher than the national average.

The abusive misuse of the 287(g) program by its current slate of agencies has rendered it not only ineffective, but dangerous to community safety. The program has worked counter to community po-licing goals by eroding the trust and cooperation of immigrant communities and diverted already reduced law enforcement resources from their core mission. DHS’s proposed changes to the program not only fail to correct its serious flaws, but also create new ones.

We know that you are committed to tackling our nation’s most complex issues, for these reasons we ask that you examine the damaging impact the 287(g) program is having on immigrant communities across the country and terminate the program. We would be pleased to provide additional information or recommendations regarding current programs and operations of DHS.

Thank you for your consideration. Should you have any questions, please do not hesitate to contact Marielena Hincapié, executive director, National Immigration Law Center at (213) 639-3900 ext. 109.

Cc:

Janet Napolitano, Secretary, Department of Homeland Security

Eric Holder, Attorney General, USDOJ

Loretta King, Acting Assistant Attorney General for Civil Rights, USDOJ

Congressional Black Caucus

Congressional Hispanic Caucus

Congressional Asian Pacific American Caucus

Congressional Progressive Caucus

Mesa, AZ & Florence, AZ:

Rep. Ann Kirkpatrick, Rep. Jeff Flake, Sen. Jon Kyl, Sen. John McCain

Sussex, DE:

Rep. Michael N. Castle, Sen. Thomas R. Carper, Sen. Edward E. Kaufman

Gwinnett, GA:

Rep. David Scott, Sen. Saxby Chambliss, Sen. Johnny Isakson

Mesquite, NV:

Rep. Dean Heller, Sen. John Ensign, Sen. Harry Reid

Monmouth, NJ & Morristown, NJ:

Rep. Frank Pallone, Jr., Rep. Rodney Frelinghuysen, Sen. Robert Menendez, Sen. Frank R. Lautenberg

Guilford, NC:

Rep. Brad Miller, Sen. Kay R. Hagan, Sen. Richard Burr,

Rhode Island

Sen. Jack Reed, Sen. Sheldon Whitehouse

Charleston, SC:

Rep. Henry E. Brown, Jr., Sen. Lindsey Graham, Sen. Jim DeMint

Houston, TX:

Rep. John Culberson, Sen. Kay Bailey Hutchison, Sen. John Cornyn

Re. Gates and Crowley: Police are trained to oppress by race and class

Sgt. Crowley says racism had nothing to do with it; he was just doing what he was trained to do. Sgt. Crowley’s fellow officers, some of whom are black, as well as the Superintendent of Cambridge police, agreed with Sgt. Crowley. Sgt. Crowley said he had nothing to apologize for. He was simply doing what police are trained to do. You know what? Sgt. Crowley is right. And that is exactly the problem with the police in the United States.  The police in our society are trained to enforce law and order. The order is inequality, based on extremely unequal private property ownership.

John Spritzler, July 25, 2009

The White Cop and the Black Professor

White police Sgt. James Crowley insists that he did nothing wrong in arresting and handcuffing black Professor Henry Louis Gates, Jr. in his home last week on the charge of disturbing the peace.

Despite the fact that Professor Gates had shown Sgt. Crowley identification and Sgt. Crowley knew the professor was the legal occupant of the home he was in, Sgt. Crowley claims that his police training taught him that when the professor allegedly directed angry and disrespectful language towards him it became necessary to arrest and handcuff the professor. Sgt. Crowley says racism had nothing to do with it; he was just doing what he was trained to do. Sgt. Crowley’s fellow officers, some of whom are black, as well as the Superintendent of Cambridge police, agreed with Sgt. Crowley. Sgt. Crowley said he had nothing to apologize for. He was simply doing what police are trained to do.

You know what? Sgt. Crowley is right. And that is exactly the problem with the police in the United States.

Police are trained to act as authoritarian thugs when they are dealing with people who are not obviously of, or loyal to, the very wealthy elite who rule the nation. Let us give Sgt. Crowley the benefit of the doubt about how Professor Gates behaved. Let us dismiss the professor’s claim that he was respectful and that he merely asked if he was being treated the way he was because he was a black man in America, and let us dismiss his claim that he simply asked for Sgt. Crowley’s name and badge number. Let’s assume for the sake of argument that Sgt. Crowley’s account is true–that the professor spoke loudly and angrily and disrespectfully towards Sgt. Crowley. A non-authoritarian, non-thuggish police officer would have ignored that behavior, and just left the scene after determining that no law was being broken. The professor was not disturbing anybody’s peace* except perhaps Sgt. Crowley’s, and the solution was to just say goodbye and leave. But that is not what Sgt. Crowley was trained to do.

The police in our society are trained to enforce law and order. The order is inequality, based on extremely unequal private property ownership. A few people own billions of dollars of property, most do not even own their own home free and clear, and many own nothing but debt. Class conflict is largely over the question of whether our society should be based on equality or inequality in property ownership, and hence in social status. When people at the bottom do anything that seriously threatens the inequality of the status quo, like carry out a labor strike that actually aims to shut down production, or wage a general strike that threatens to become a revolution as happened in Seattle in 1919, or even just exercise the right to bear arms while being black, the police are called in to suppress it, often with ruthless violence.

Public police departments, historically, were created to suppress workers’ strikes; they are publicly funded versions of the private security goon squads that employers initially relied upon for this purpose. The FBI, for example, is actually a spinoff of the notoriously brutal strike-breaking private Pinkerton National Detective Agency.

The police are trained to enforce law and order in an unjust and unequal society, and a big part of doing this requires that they make ordinary people obey them out of fear. Everybody knows that if you are stopped by a policeman while driving your car, you risk being handcuffed and jailed, if not shot, if you are anything less than absolutely deferential to the police officer. Parents, especially the poorest, know they must teach their children this survival lesson. When I was collecting signatures for a ballot question at a shopping mall, which I have a constitutional right to do despite it being private property, the police ordered me to leave. When I told the police I had a right to be there, they refused to listen. They were arrogant and thuggish. When I tilted my head to read the sideways badge number of the policeman, he said, “What are you looking at?” in a threatening manner and told me to leave or he’d arrest me. This is how they are trained to behave towards both white people (like me) and black people.

WHAT ABOUT RACE?

What about it? Even if the police treated whites and blacks exactly the same way, they would still be authoritarian thugs enforcing class inequality. That’s their job. And that’s the problem.

President Obama knows that police departments play the same role in society that he, himself, is playing–they defend class inequality and they serve the very wealthy at the top of society. Obama’s invitation to Sgt. Crowley to join him and Professor Gates over a beer in the White House is meant to make it clear to the American people that, despite occasional “incidents” that may require smoothing ruffled feathers, police departments in the United States are to be accorded respect and deference. President Obama is not part of the solution; he is part of the problem.

—————-

* If the charge was actually “disorderly conduct” the point remains the same: it is as absurd to arrest somebody for disorderly conduct inside his own home as to arrest somebody for indecent exposure inside his own bathroom.

Immigrant Rights Activists Condemn Obama Plan to Expand Use of Local Police to Enforce Immigration Law

Immigrant Rights Activists Condemn Obama Plan to Expand Use of Local Police to Enforce Immigration Law

On July 10, Department of Homeland Security Secretary Janet Napolitano  announced plans to standardize and greatly enlarge the 287(g) program,  by which local law enforcement is given money, equipment, and powers  to enforce federal immigration law.  (See Homeland Security’s press release.)

As the following press release shows, turning immigration enforcement over to local police has led to  frequent police abuse, racial profiling, and rapid-fire detentions and  deportations.

In a related development, the ACLU has condemned the new standardized  Memorandum of Agreement governing local police under the 287(g) plan,  as a meaningless gesture to reduce local police abuses, writing “The  new standardized MOA makes no serious attempt at discouraging illegal  racial profiling or reducing the conflict between sound community  policing principles and the expansion of this program.”

As one immigrant rights activist wrote, “More groups and individuals going against the “Washington Consensus” –  legalization in exchange for even more enforcement-on immigration.  Please distribute this far and wide as the Obama and Napolitano are  trying to do this below the clouds-and some fog- of excitement around  the Sotomayor confirmation hearings. This is the clearest statement to  date of Obama’s willingness to support racist, dangerous and  ultimately failed immigration policy. That some of these groups have  not previously made statements against Obama and that they waste no  time using language still unheard of in echo chamber of Washington  (ie;” Condemning”) provides,  I think, an interesting preview of where  and how Obama’s credibility may rapidly drop in immigrants rights and  Latino communities.”

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

ADVOCATES ISSUE STATEMENT CONDEMNING OBAMA ADMINISTRATION’S

EXPANSION OF DHS’S FAILED 287(g) PROGRAM

FOR IMMEDIATE RELEASE July 17, 2009

Media Contacts:

Adela de la Torre, Communication Specialist, National Immigration Law  Center, 213.674.2832 (office), 213.400.7822 (cell)

Andrea Black, Coordinator, Detention Watch Network, 202-393-1044 ext.  227 (office), 520-240-3726 (cell)

Judith Greene, Director, Justice Strategies, 718-857-3316,  jgreene@justicestrategies.net

Civil rights and community groups across the country denounce  Department of Homeland Security (DHS) Secretary Janet Napolitano’s  plans to expand the highly criticized 287(g) program to eleven new  jurisdictions around the country.  The program, authorized in 1996 and  widely implemented under the Bush Administration, relinquishes, with  no meaningful oversight, immigration enforcement power to local law  enforcement and corrections agencies.

Since its inception the program has drawn sharp criticism from federal  officials, law enforcement, advocates and local community groups.  A  February 2009 report by Justice Strategies, a nonpartisan research  firm, found widespread use of pretextual traffic stops, racially  motivated questioning, and unconstitutional searches and seizures by  local law enforcement agencies granted 287(g) powers.  Justice  Strategies recommended the program be suspended.  “We found evidence  that growth of the 287(g) program has been driven more by racial  animus than by concerns about public safety.  The expansion of this  deeply flawed program cannot be justified before a thorough test of  corrective actions shows solid proof that they have been effective,”  reports Judy Greene, Director of Justice Strategies. A March 2009  Government Accountability Agency (GAO) report, criticized DHS for  insufficient oversight of the controversial program.

Also in March, the United States Department of Justice launched an  investigation into Sheriff Joe Arpaio of Maricopa County, Arizona, to  determine whether Arpaio is using his 287(g) power to target Latinos  and Spanish-speaking people.  In Davidson County, Tennessee, the  Sheriff’s Office has used its 287(g) power to apprehend undocumented  immigrants driving to work, standing at day labor sites, or while  fishing off piers. One pregnant woman—charged with driving without a  license—was forced to give birth while shackled to her bed during  labor. Preliminary data indicate that in some jurisdictions the  majority of individuals arrested under 287(g) are accused of public  nuisance or traffic offenses: driving without a seatbelt, driving  without a license, broken taillights, and similar offences.  Such a  pattern of arrests suggest that local sheriff’s deputies are  improperly using their 287(g) powers to rid their counties of  immigrants, by making pretextual arrests that are then used to  forcefully deport people. “We need only look at the example of  Maricopa County to understand the devastating effects the increased  287(g) program will have on our communities,” said Chris Newman, Legal  Programs Director of the National Day Laborer Organizing Network.  “The Obama administration must recognize that the 287(g) program is  predatory and ripe for corruption and profiling that will harm  community stability and safety for everyone.”

The Police Foundation, the International Association of Chiefs of  Police, and the Major Chiefs Association have expressed concerns that  deputizing local law enforcement officers to enforce civil federal  immigration law undermine the trust and cooperation of immigrant  communities, overburdens cities’ already reduced resources, and leaves  cities vulnerable to civil liability claims.  “When victims and  witnesses of crime are afraid to contact police for fear of being  jailed or deported, public safety suffers,” said Marielena Hincapie,  Executive Director, National Immigration Law Center.

Napolitano’s July 10 announcement that DHS has granted 11 new  jurisdictions 287(g) powers stunned advocates who had been expecting a  major overhaul of – or end to – this failed program.  “DHS is fully  aware that the abusive misuse of the 287(g) program by its current  slate of agencies has rendered it not only ineffective, but dangerous  to community safety.   It is surprising Napolitano did not simply shut  this program down.  Expanding this failed program is not in line with  the reform the administration has promised,” said Andrea Black,  Coordinator of the Detention Watch Network.

Signatory Organizations:

A Better Way Foundation, New Haven, CT

All of Us or None, San Francisco, CA

Border Action Network, Tucson, AZ

Center for Constitutional Rights, New York, NY

Center for Media Justice, Oakland, CA

Detention Watch Network, Washington, D

Families for Freedom, New York, NY

Florida Immigrant Coalition, Miami, FL

Grassroots Leadership, Austin, Texas

Homies Unidos, Los Angeles, CA

Immigrant Defense Project, New York, NY

Immigrant Justice Network

Immigration Law Clinic, UC Davis School of Law, Davis, CA

Immigrant Legal Resource Center, San Francisco, CA

Judson Memorial Church, New York, NY

Justice Strategies, New York, NY

Legal Services for Prisoners with Children, San Francisco, CA

Main Street Project, Minneapolis, MN

Media Action Grassroots Network, Oakland, CA

National Day Laborer Organizing Network

National Immigration Law Center, Los Angeles, CA

National Immigration Project of the National Lawyers Guild, Boston, MA

Partnership for Safety and Justice, Portland, Oregon

Project Rethink

Southern Center for Human Rights, Atlanta, GA


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