Migration & Children’s Rights: An Overview by Kenneth Koym
The author - psychotherapist Kenneth Koym questions the use of caustic practices to control immigration to G-8 nations. He urges Immigration & Customs Enforcement (ICE) policies based an optimistic use of job-man match petitions instead of stiff G-8 legal or cultural bans; these can lead to greater worldwide peace. He asks for fewer controls that bring hurt to the children of 178 second- and third-world countries. Koym asks, with 5.9 million adult offenders under police supervision in the US, are prisons the best place to put almost 7 million undocumented parents, particularly those threatened by felony pursuing lawmakers who would use legislation to criminalize persons who immigrated here or be undocumented for a multiplicity of reasons? Is criminality or civility fostered by imprisoning “the unwanted?” Can the US afford to train future third-world organized crime leaders, using the prisons, brutality and law and order methods? Why aren’t the rights of children of detained and deported persons protected by attorney ad litems,considering 8 billion dollars are to be used to build jails in 2007? We saw $3.9 billion dollars spent in fiscal year 1998 to incarcerate a million adults. With 850 hate groups and 12 million threatened under 2006 legislation, we must develop alternatives for children or forced migration (as used in Kosovo, by Taliban purists al Qaeda network, or by revolutionaries in Kashmir, Iraq, Northern Irish feuds, the Golan Heights, or among Asian nations that feud violently). Can’t we strengthen families and grow a safer living environment, safer lifestyles, healthier legal principles and win-win labor policies and ways to implement those principles, policies and procedures in nations with aging populations? Creating a North American Union poses trouble with Mr. Bush negotiating. Solutions must reach a continuum drawn between regulated migration, forced migration, genocide and repressive domination. Why? Migrants add billions to the US economy annually. (Ibid UCLA North American Development and Integration Center, August 2001.)
Multi-million Immigrants Marched April
Stephen Crowley/The New York Times
Here the archbishop of Washington, Theodore E. McCarrick, addressed demonstrators at an immigration rally Monday April 10, 2006 in Washington DC. [We credit Rachel L. Swarns's article "Immigrants Rally in Scores of Cities for Legal Status" (New York Times, April 11, 2006]. Swarns says, "Waving American flags and blue banners that read "We Are America," throngs of cheering, chanting immigrants and their supporters converged on the nation's capital and in scores of other cities on Monday calling on Congress to offer legal status and citizenship to millions of illegal immigrants. The demonstrators marched under mostly clear blue skies with Spanish-language music blaring, street vendors selling ice cream and parents clinging to mischievous toddlers and the banners of their homelands."
But what would happen if a million parents were deported and US born children were left to fend for themselves, or, if parents were detained in the US and their children wonder the streets in other countries like Congressman Sensenbrenner and Senator John Cornyn had their way? With such acts a negative image of the US would be burnt into 1.5 million children’s minds. Children, who are handcuffed and forced into detention in the US, feel terrorized. US District Judge Robert G. Doumar stumped bureaucracy barristers when he said , “No, I do not believe the US can hold individuals, particularly Yaser Esam Hamdi for an indefinite period of time, even if he appeared as an al Qaeda cohort”. The US system of justice remains mired in decades-old thinking. It continues to churn along in the same, tired old ruts of criminalization and crusading against the undocumented and fails to hear the cries of little US citizens. This is a call for justice on behalf of those small, unheard voices. It’s about human decency and the right to live without struggle, suffering, pain and despair by tots and persons who’ve grown old with hurt. That there is no research to sustain all my arguments should be an embarrassment to society that prides itself with an undying faith in freedom and scientific achievements. In this book, you find other G-8 countries and many smaller ones all use immigration policies to hold down the number may enter.
Over Time Migrants Met Mankind’s Needs In Important Ways
Had 13 million Africans not been admitted to the US between 1735 and 1860, the industrial revolution could have been delayed for centuries. Even criminals and bigots settled Florida and Georgia. Regardless of the racism, criminal histories or bigotry, with hours of labor and toil, the New World took a lead role. In September 2001, the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban, Africa (Ibid) pled for a healthier world order. Observing the aftermath of the World Trade Center and Pentagon destruction on 11 September 2001 and the anger it provoked, I ask historians, did US racist attitudes lead to that war?
Yet an early push to prevent the importation of enslaved minors existed. Senator Stephen Bradley from Vermont introduced a bill to prohibit the importation of enslaved persons into the US after January 1808. His bill of December 16, 1805 prohibited the general exploitation of those coming to the US. Senator Bradley spoke up against racism, which is found in 2006 laws. They hurt US born children born of alien or undocumented immigrant parents. The 2006 wall-building motivated by unfriendly Senators like John Cornyn spelled easy-money and fat cow private prison objectives based on racism and anger. Had Bradley’s efforts been used from the 1810s on, the slaughter of Native Americans and the Civil War could have been prevented. These are forewarnings to be realized if uncongenial relations are built into US law by racists and woman haters like Cornyn and cronies of Tom DeLay surviving till today. Street protests across the USA by US born students confronted such illicit congressional bigotry, first led by Federal Rep. Lamar Smith with his 1990s Immigration Reform legislation, which pre-empted obnoxious relations with immigrants coming across the US-Mexico border. Seeding those obnoxious attitudes again goes contrary to the peace initiatives of Senator Bradley in 1805.
Immigrants fill New York City’s melting pot. Forty percent are foreign born, the highest since 1910. In Queens, 167 nationalities and 116 languages coexist. Integration to the life and economy is a major challenge. The city is enriched, but the inability to speak English, forces many into low paid jobs and second classed living. Yet, without them, the city’s population would be decreasing today. (Ibid, New York Times, September 10, 2000.) More immigrants live in Los Angeles; but the multiplicity of languages is less. Yet as members of LA gangs were deported to Central America and Mexico as a result of the ill conceived Lamar Smith Immigration Reform Act, grave criminal element arose in country after country all because the US could not deal effectively with minor crime on its streets. Benjamin Franklin warned against such filth as Ambassador to France.
No one needs be reminded the melting pot gave the world rich settlers including George Washington, Ben Franklin, Tom Sawyer, Lafayette, Albert Einstein, George Soros, Elián González and a recent arrival and 22-billion dollar taxpayer from China—K.B. Chandrasekhar (who fills special needs in the Silicon Valley). For Japanese farmers with no eligible females to marry, the admission of Peruvians and Brazilians of Japanese decent brought those men pride when they could have wives. Between 1993 and 2000 three million Turks satisfied immense labor voids in Germany.
James P. Smith, an economist at Rand Corporation who chaired a 1997 National Academy of Science study on the effects of immigration says, with a,,, “robust economy and full employment,,, that always changes the terms of immigration. When there are plenty of jobs, the finger pointing,,, about immigration goes away.” (Ibid, New York Times Service, September 5, 2000.) Bureau of Labor Statistics show 15.7 immigrant workers contributed to the US economy in 1999, up 17 percent from 1996. (INS specialists believe five million of these do not possess work permits.) Immigrants make up 12 percent of the US labor force. They have a profound influence on the US economy and help hold production costs down. This gave many companies room to expand. (Ibid, GPO, 1999.)
In August 2000 when the jobless rate hit 4.1 percent, Dimitri Papademetriou, co-director of international migration policy at the Carnegie Endowment for International Peace, said “immigrants are now a critical part of the labor force… Immigrants basically are spreading throughout the economy. This is,,, going to continue and intensify.” (Ibid, NY News Service, September 5, 2000.)
Whereas G-8 Nation populations are aging and millions of high-tech jobs cannot be filled, research planners and migrant settlement programs must be carefully geared to satisfy needs around the world. A demographic dilemma exists. Rather than multiplying violence by use of legalistic approaches to control immigration, let us look for win-win approaches to reap happy returns. Finger pointing that goes on about immigration must be controlled. Recognizing this trend the US Congress passed H-1B on October 3, 2000 to curb further problems, allowing 80,000 new high-tech migrants by 2003.
Rather than brandish weapons and presume the worst, why not extend invitations to persons with abilities, enthusiasm, education, experience and the will to meet special needs? In reality, the current US ratio of one aged person to five workers will shortly be one senior citizen to 2.4 workers if more children are not born. Ronald Fernandez, Director of the Center for Caribbean Studies at Central Connecticut State University reminds us, 17 percent of Spain’s population now is over the age of 65. This translates to a little over four working people to one retired. Unless the trend changes, by 2050, 40 percent will be aged. The drop expected in Spain, Italy and Japan amounts to 1.35 workers for every aged person. (Ibid, June 11, 2000.) In a late November 2000 visit to Portugal, I observed that legal steps were instituted to permit immigrants to do jobs not feasible by Portuguese citizens.
Meanwhile, if immigrants are treated with dignity, greater long-term harmony and respect, demographic dilemmas may be resolved and harmony expected both at home and abroad. How does dignity arrive? Economist James P. Smith at Rand Corporation urges respect comes in proportion to contributions made when no one else will do the job.
Though the United Nations High Commissioner for Refugees estimates more than 80 million people live outside their countries of origin, treatment of immigrants is highly politicized during campaigns. In the US each party shares blame. As Mrs. Elizabeth Dole resigned as candidate for President in 1999, she said: “I affirm on my arrival in the Presidency, I will eliminate services for the undocumented on a nation-wide basis. Governor Pete Wilson made sense.” (Ibid.) Welcome harmony came as such rage was squelched. But those ugly blasts bring unnecessary hurt to little children. Even so Republican expressed angers led to the building of a 700-mile border wall seen to the right.
Arizona ranchers held hundreds of border crossers between April 2000 and July 2001; numerous were injured or died in fear of being apprehended and jailed. Extreme hostility followed. Rancher Sam Blackwood killed Eusebio de Haro Espinoza of central Guanajuanto on May 13, 2000 for crossing his Brackettville, Texas ranch while drinking water at a cattle tank. Mexican Secretary of Exterior Rosario Green said (Ibid, May 16, 2000) 32 incidents of vigilante acts were committed against Mexican immigrants in the US from January 1994 forth, 27 of them in Arizona. Fifteen cases involved one family of ranchers near Douglas, Arizona. Reacting under US criminal law, the Mexican Government hired the Washington DC--Zucherman and Associates law firm to prosecute the guilty.
Fueled by the Ashcroft Plan Ordering State and Local Police to Question Immigrants under the pretense of wartime demands (Ibid, 2002) forces many in the US to not trust law enforcement. This ugly armchair law, places children of such parents to be humiliated and disenfranchised.
Sympathy can never return, immigrant Felix Martinez Nieto of Toluca, Mexico who died after being lured into a vacant residence at 5306 Woodland Oaks Court, Austin, Texas, on Friday, October 6, 2000. Though US citizens readily accept their work, they fail to protect immigrants from the like of the six hoodlums who beat Felix, age 19, to death so they could take his money. Years later Banks opened checking accounts so migrants did not have to carry their earnings in cash. I interviewed Felix’s cousin at the scene and began asking for banking arrangements that would prevent hurt and harm to minors like Felix. [Appropriate changes were instituted. See Chapter 8.]
Dr. Ken Baker, a Florida dentist renewing his visa in the Guadalajara immigration office remarks:
“US foreigners applying for visa renewals in Mexican federal immigration offices tell me, in year 2000 it takes one and half to three months longer than it did in 1998 and 1999 to get renewals or simple questions answered.”
(Ibid, Baker, May 9, 2000.) When Patricia, a Guadalajara employee was asked, “Can the slowness be attributed to the killings and maiming along the border?” Patricia responded,
“Yes, we are disturbed. As US citizens take the law into their own hands and hurt or kill our country men, we do not feel like rushing one bit at all and sometime we find reasons for not issuing visas.” (Ibid, Patricia, May 18, 2000.) Similarly, a civic activist, Carlos Ibarra Pérez, president of Citizens Defense Committee (Ibid, Guillermo X. Garcia, June 6, 2000) said in Reynosa, “If US citizens say they are going to kill immigrants, then why can’t we kill (border agents)?” Shortly, a ten thousand dollar bounty was offered, and then withdrawn. Europeans take note by 2005-06, Mexican Consular Officers helped migrants proceed orderly at border crossings through gates like this:
Neo Nazis Racism & White Supremacy Threats
In Europe another kind of political football is played. In Germany, pro-Nazis people bashers put foreigners at risk. Mozambican Angelika Andriano pled in German Court that her dead husband Alberto not be forgotten. Skinhead defendants—16-year old Christian Richer and Frank Miethbauer and 24-year old Enrico Hilprecht reacted coldly. Three children became fatherless. Three fathers were stomped to death on June 11, 2000 as they walked through Dessau, Germany drunk. (See Alberto Andriano et al v. Christian Richer, Frank Miethbauer & Enrico Hilprecht, Halle Court, August 23, 2000.)
In reaction, first-generation Cem Ozdemir and German Parliament member of the Green Party (Ibid, Badisches Tagblatt News, August 23, 2000) said, “Many (German) judges have not yet realized the extent and the structure of right-wing extremism. I would argue for sending judges to special workshops on rightist extremists.” Mr. Ozdemir’s parents came to Germany from Turkey in the 1960s.
Earlier, Chancellor Gerhard Schroeder decreed Germans must respect foreigners as they are there in the country’s best interest. (Ibid, July 2000.) After the trial began on August 23rd, further flare-ups occurred with 100 neo Nazis marching in the streets on August 26th. The next day, Mr. Schroeder insisted he would not allow a relatively small number of extremists to darken Germany’s reputation that has been painstakingly rebuilt over the last 50 years. On ZDF television interview, (Ibid, August 27, 2000) he said, “I want the government to be tough in fighting it and ending it. We will launch a three-pronged campaign against the right-wing extremists.” He elaborated:
“We have to be tough and decisive against those who use violence.
“We have to give young people perspective for training and jobs, and
“We have to have more civilian courage.”
(Ibid, Schroeder, August 27, 2000.) President Johannes Rau said we must do more to protect foreigners from racists’ attacks and make far-right groups less appealing to youths. Rau told Der Spiegel newsweekly, “We absolutely have to do something against this trend.” (Ibid, Rau, August 27, 2000.)
The Germans must be commended. They take action. Though joblessness affects exist, Germany pumped 450 billion dollars into the eastern former-communist region. Visiting Brieske, Chancellor Schroeder said, “we’ve made it through the first half of reconstruction, and we’re going to make the second half too.” (Ibid, Associated Press, September 2, 2000.)
Reaction to US-based racism caused neo-Nazis rage to come under court review. Brenda Hammond, a human rights activist of Sandpoint, Idaho says: “They attracted people to be educated in hate.” Victoria Keenan and her son sued the Boise, Idaho racist hate group 83-year old neo-Nazis leader, Richard Butler et al after the white supremacist had beat them. Allegedly the mother and son should not have driven by Butler’s property with a back firing car in 1998. (Ibid, Keenan & Son v. Butler et al & the Aryan Nations, USDC, Boise, Idaho, August 2000.) Coeur D’Alene of the Southern Poverty Law Center was counselor for Keenan. Between 2000 and 2006, hate groups were identified amidst a wide portion of the US, but the war in Iraq glossed over the need for peacemaking herein.
Like pronouncements against bashing of foreigners were made in France, Poland, the Philippines, etc. The Polish Roman Catholic Church asked for forgiveness for its toleration of anti-Semitism and disdain of non-Catholics in a letter of joint apologies in its 2,000-year history. The bishops said, “Anti-Semitism, just like anti-Christianism, is a sin.” They said they clearly see the tragedy of the Jewish nation that was the Holocaust, carried out by the Nazis in Poland, which the Germans occupied during World War II. (Ibid, Gazeta Wyborcza, August 26, 2000.)
French President Jacques Chirac, serving his six months as the European Union spokesman, welcomed with “relief and joy” the release of five hostages by Philippine – Abu Sayyaf - militants (Ibid, August 27, 2000) whom Libya paid a five million dollar ransom (Ibid, Mural-Associated Press, August 28, 2000) but the US declared it would not pay for the release of a 26-year old US citizen, it being against US policy to negotiate with militants. (Ibid, Associated Press.) The rebels kidnapped seven westerners and 11 Filipinos whom they believed would televise their camp. [Libya maintained relations for years with the Philippine-based Mussulman rebels. On release, Moammar Gadhafi and his Cabinet asked five persons liberated to visit Libya in recognition of its efforts. (Op cit.)] In a separate case, mentioned below, Foreign Relations Officer for Mexico said her country retained an Ivy League Washington law firm to deal with such racism.
Changed INS Policy Affects
Why the pressure? “In the past, three out of every four of 1.3 million Mexicans (or Central Americans) caught each year at the border entered the US through metropolitan areas. The rest came across in remote areas. The number of apprehensions in Douglas, Arizona, a rural ranching community in Cochise County, used to be about 8 to 10 thousand people,,,” up through 1995. The US Border Patrol projected it would apprehend a half million at this crossing by December 31, 2000. (Ibid, X. Garcia, June 6, 2000.) An ax is ground on both sides. Inadequate dispute resolution methods are in place to work out reasonable settlements of the issues involved.
According to Mexican Consul Salvador Cassian, assigned to Phoenix, Arizona, 27 incidents lead to detentions in Cochise County between April 1999 and August 24, 2000. Ranchers Roger and Donald Barnett policed a majority of the cases. For three months no reports were made; then he reported 44, including one detained before ABC Television cameras. (Ibid, Notimex, August 24, 2000.) As summer of 2001 came, though citizen staged water resources were set up, deaths due to dehydration grew.
Several Sources for US Anger or Indifference
With an expected guilty jury verdict for immigrant Angel Maturino Resendez who killed nine (including physician Claudia Benton, MD, Ibid, Hull, May 24, 2000), the US House approved a national database on border crossers. (Ibid, Associated Press, May 24, 2000.) Speaking alternatively Rep. John Conyers of Detroit, whose district borders busy Windsor, Ontario, Canada said, “The prices are far too high to pay for a data collection system that sadly, was unlikely to reach its primary objective.” At the request of Advocacy Services Press, MN Opinion polling showed interesting results on several questions. When asked:
Do you believe border patrol agents should collect data from all who pass?
Are the delays and added costs truly in the interest of business and free trade?”
Are add on costs beyond the 3.9-billion dollar INS budget, a bottleneck that blocks traffic at the border?
(Ibid, MN Opinion Survey, May 23, 2000.) A resounding No was given by 60 percent of those answering questions one and two and 64 percent voted Yes to question three. The survey results clearly indicate there a high chance the national database on border crosser addition to Section 110 is waste and big spender oriented.
During the height of Proposition 187 in Los Angeles, classroom teachers were asked by law to report students presumed to have undocumented parents and federal services were blocked and a large contingent of Hispanic voters sounded out clearly that the discrimination would not be tolerated in California. However, Eliseo Medina, vice president of the Service Employees International Union became a crusading pro-amnesty voice. (Ibid, August 16, 2000.) Thousands of immigrants, who were eligible for citizenship and frightened by the backlash, became citizens fast.
Frank Del Olmo of the Los Angeles Times notes, following the Immigration Reform and Control Act of 1986, 2.9 million immigrants were legalized. (Ibid, August 16, 2000.) Regardless of immigrant-bashing odds, thousands of ambitious young people from abroad came in pursuit of the American dream and, their offspring became first generation US citizens with rights to be respected.
But, the part not felt or understood by many US citizens is the vast hurt created on the international scene as the land of the free and home of the brave was again espousing the essence of reversed-order forced migration. Why? It is likely each time rough-edged policies are made law, their wrongful impact eventually costs humankind a billion dollars or more. But alternative policies, carefully rooted in Jeffersonian democratic family-based principles do not bring the same ugly outcomes.
To neutralize fights on the ball field, heavy weight was required to curtail grave harm. Those heavy weights arrived.
Heavy Weights Favor Migration
In reaction to the brutality, heavy weights stepped in with logic. John Sweeney (Ibid, February 16, 2000) representing the Executive Board of the American Federation of Labor and the Congress of Industrial Organizations (AFL-CIO) and Federal Reserve Chairman Alan Greenspan both sent signals to world leaders and the U.S. Whitehouse. Each called for modifications to the anti-immigration laws of the United States and for forms of amnesty for illegal workers. (Ibid, AFL-CIO); Ibid, Greenspan, February 10, 2000.) In Washington DC before his election, Mr. Vicente Fox said, “two issues cause permanent strain in cross-border relations: migration and drugs. US immigration officials fail to cut the flow of immigrants to the US despite a …quasi-military strategy. All along the border, reports of human rights abuses against migrants by the border patrol have reached alarming levels.” (Ibid, March 21, 2000.)
In support of better Mexican-American relations and of human rights on a global scale, US Ambassador Jeffrey Davidow urged acceptance of Mexicans throughout the US. (Ibid, February 14, 2000). He even alluded to rejuvenating the 1940s migrant laborer “Bracero” program that allowed an entry of temporary laborers. Originally, Mexico’s President Manuel Avila Camacho negotiated the program. But Senator Rosalbina Garabito (Ibid, April 6, 2000) says, “It’s not a good memory. Our people were treated like animals.” Koym, 2001, 2002) recounts social security funds, which were set aside for these laborers then “lost” through corrupt banking practices. Banco Rural says it has no records showing the Braceros deductions.
Though parental custody rights are clearly established, Senator Smith of Vermont visited Elián González, a six-year Cuban boy rescued in his arrival on the Florida coast days after Elián’s Uncle offered him shelter. Mr. Smith offered, “Let me help you stay in the USA regardless of what the INS judge ordered.” The INS Order says, “This is a custodial matter; the INS is not involved in family decision making.” Joseph Contreras’s Newsweek article called the passioned charade, “The war over Elián,” on the grounds it prevented a parent and son from being united. In final analysis, the 11th US Circuit Court of Appeals (Ibid, June 23, 2000) and in a writ certiorari to the US Supreme Court (Ibid, June 28, 2000) rejected an Uncle’s appeal and cleared the way for Elián’s return to Cuba with his father.
Congressman Nick Lampson (Ibid-Associated Press, Washington, D.C., February 2000) seized upon Elián González’s case saying, the 1980 Hague Convention Treaty agreed by 54 signors, established procedures for returning abducted children. He estimated 10,000 US children have been taken abroad by one parent without the consent of the other according to data from the US National Center for Missing & Exploited Children. Mexican Embassy’s spokesperson Jose Antonio Zabalgotia disagreed citing statistics showing a 50-percent return rate rather than three percent. (Ibid, Koidin, March 22, 2000.) In final analysis, Elián’s name in the US news, served as an act of God, the heaviest weight of all.
Foreigners attending MN focus groups recalled Elizabeth Dole’s intent to carry Pete Wilson's Proposition 187 nationwide (Ibid, October 15, 1999) then George W Bush’s effort to get such support. Next, group participants asked, but what if Al Gore’s party would continue to administer or permit the militarized borders policies? Participant after participant spoke for less discriminatory, anger-free relationship with next-door neighbors. (Ibid, MN Opinion Surveys, June 29-30, 2000.)
In light of the AFL-CIO and Greenspan pronouncements, could caustic policies in the Western Hemisphere have been better thought through relative to Mexicans, Central and South Americans, Haitians or Cubans immigrating to the US? The author submits keeping Elian’s human-interest story case in the news called for the recognition of Cuba and humanization of foreign policy. (Koym, 2000) In view of the antiquated Helms-Burton Act, the US population needed a way to show it could accept Cubans as human beings and, to bring sense to the US Congress. No other US Law has led to more exploitation of children or prostitution. Passage of the food and medicine law for Cubans and Asians of late June 2000 announced a reversal in the making. (Ibid, Congress.)
In the Los Angeles Times, Doris Dresser urged:
[President-Elect Vicente] Fox argues that Mexico’s disparities should be a common cause for concern. NAFTA has enabled Mexico to take a great leap forward. But markets will not be enough to bridge the dramatic divide between the haves and the have-nots. The head of Mexico’s new democracy is offering to do his share of the work: provide micro credits for micro businesses, create 1.3 million new jobs a year, aim for 7 percent growth, bring the nation’s economic indicators in line with those of the United States.
(Ibid, September 3, 2000.) Rather than cringing on the presumption a permanent invasion of the dispossessed and the disenfranchised would cross the border, greater openness could lead to the construction of a confluence that’d eventually turn Mexico into a full North American partner. Sadly by 2005 and 2006 NAFTA and most recently the poorly negotiated Central American Free Trade Agreement are not the panaceas they promised to be in the early 1990s. Time after time big corporations trounced fair trade principles conveniently left out of the founder’s guarantees. This cause all to lose, particularly poor foreigners who ended up again and again forced to leave home for G8 nations rather than develop as entrepreneurs in their own countries.
Immigrant Enterprise Zone
Almost as if the foregoing heavy weights had spoken to them, citizen committees in the State of Iowa set forth goals and laid out red carpets. Recognizing his state had an aging population, Iowa Governor Tom Vilsack (Ibid, August 28, 2000) asked the 2010 Committee to tell him what it would take to make Iowa capable of growing again. Iowa citizens should be commended for providing the US a healthy model, bringing in immigrants to create a work force for a vibrant economy in contrast to the 1986 INS Reform Act which has become the basis of riots, racism and worse of all, misgivings for a world leader.
Iowa ranks third in the nation in the percentage of elderly. The average farmer is 58; the average assembly-line worker at Maytag Corporation is 57. Jerry Kelley, the 2010 Committee’s chairperson and Mayor of Indianola urges, an estimated 2.87 million people must find a way to accept 310,000 workers by the year 2010; he called for forming an immigrant enterprise zone to invite these people over an beyond national quotas. (Ibid, Kelley, 2000.)
But, how will the Iowa 2010 and 2020 plans work out. Table 8 (found in Chapter 3) shows only 50,420 Hispanics lived in Iowa as of 1997. And, contrary to lingering racism found in Iowa, Tables 6 and 7 (see Chapter 3) show Hispanics contribute significantly to the US economy. Iowa State University demographer, Sandra Charvat Burke says, “Iowa citizens are going to need to work to deal with the stereotypes.” (Ibid, Charvat Burke, August 2000.)
Adhering to Law and Precedence
Respecting the demands of Title 8 U.S. Code (originated before 1840) and 10 USC, Section 1083, International Flight to Avoid Prosecution for Kidnapping a Minor, U.S. District Judge K. Michael Moore in Lazaro Gonález v. US - In the interest of Elián González, __Fed Supp__ (Federal District Court-Miami, March 21, 2000) held: “only the U.S. Attorney General can grant political asylum to keep the boy in the U.S,” knowing what Janet Reno said before his ruling, “I favor returning Elián to his father’s custody…. Only Elián’s father can speak for his son on federal immigration matters. … It is time for this little boy, who has been through so much, to move on with his life at his father’s side.” (Ibid, March 21, 2000.)
On April 6, 2000, Ms. Reno informed the Nation, “my office assures Elián’s Uncle shall cooperate in respect for US law and next week return Elián to his Father in accord with US law.” (Ibid, Office of the US Attorney General.) Hugo Cacio, subject of a bomb threat on his life, said, “I’m forced to react contrary to the fear in Miami. I question the passionate anti-Castro Cubans. I identify with them as a Cuban. But as a naturalized father of two US born kids, I agree parents should do childcare. In Miami, we need bridge building, not to add fire to the international conflict which goes beyond this case.” (Ibid, April 7, 2000.) Though 40 years passed, Castro counter forces of Miami (and elsewhere) remained hostile to persons who choose to interact with Cubans openly.
Each time Elián’s Uncle Lazaro Gonzalez invited photographers and international news reporters into his home, he condoned family intrusions not parental in nature. Subsequently, the three-judge panel in the US Federal Court reacted angrily toward Cuba as a communist nation, but agreed Elián’s father held the rights to his son over the Uncle. (Op cit, May 2000.) So, let’s look at the rights called for in other cases.
The US Equal Employment Opportunity Commission determined nine foreign-born Mexican women who formed a union and wagered for just wages and reasonable working conditions, had just reasons to be heard. The Court found their behalf as they called for laudable interests on behalf of all similarly situated women workers. (Ibid, 1999.) Minnesota Senator Paul Wellstone (Ibid, 1999) himself amidst Democratic Party maneuvers said, “I favor amnesty for the nine lady Holiday Inn Express workers subject to deportation by the INS.” The Senator supported their acts on behalf of liberty, acknowledging the landmark US Equal Employment Opportunity Commission discrimination case.
Age Differences and Need for Migrants
In countries where the populations are aging, planners must ask if immigration is a proper answer? Questions, like those addressed by the 2010 Committee in Iowa, are raised by a United Nations (Ibid 2000) study. Results of the demographics in eight countries—France, Germany, Italy, Japan, Russia, South Korea, Britain and the USA show significant increases migration would help maintain the aged. (See Chapter 10, The Lure of Fast Money, Smuggling and Greed, & Koym, Addicts, Chapter 4, 2001, 2002-2006.)
The United Nations report urges Japan will need 10 million immigrants per year for 50 years to maintain its current working-age to retirement-age ratio. If not, it would be necessary to raise the retirement age to 77 to maintain the ratio. (Ibid 2000.) Like Japanese cities, New York must have an immigrant settlement program. (Op cit, NY Times, September 10, 2000.)
Italy may need to raise its working age to 77 if it doesn’t accept 2.2 million migrants a year as needed to maintain the ratio of four working people for every retiree. Country by country, the results do not warrant a call for increased births.
If migrants can answer the need, where will they come from? Surely not from countries aged populations. Mexican-based publisher of the News-Novedades, O’Farrill Avila (Ibid, February 21, 2000) suggests plans are needed. Healthier results could be expected where appropriate training has been afforded to persons willing to migrate.
Migrant Labor Keeps Booming Economies Afloat
A January 3, 2000, Denver Post editorial, “Undocumented foreigners are keeping our strong economy afloat,” urges policy makers to allow some Mexicans to work in the United States legally. Though Sue O’Brien the senior editor for the Denver Post would not add comments when asked, the logic prevailed as being newsworthy. Mexico’s Presidential Candidate Francisco Labastida (Ibid) pledged 23 January 2000 in his kick off speech in Queretaro, Mexico he would work to get the decades old bracero program to admit workers into the USA. Those comments fit into strategic government policy. The Sub secretary for Population and Migration Affairs, Fernando Solis Cámara on December 17, 1998 said: “Official condonment recognition is given to Mexicans who cooperate as citizens who work in foreign countries.” “Paisano es una estrategia del gobierno mexicano para reconocer el trabajo que desarrollan nuestros con nacionales en el extranjero.”
Population statistics vary according to the author. After Dr. Jorge Santibáñez Romellón, president of the Colegio de la Frontera Norte, evaluated Mexico’s Paisano Program in 1998, he said:
“More than nine million Mexicans live in the USA and send five billion dollars annually to families back home; this converts into significant growth for Mexico.”
(Ibid, 1998.) Rodolfo Tuirán, Secretary General of the Consejo Nacional de la Población said in the book: Migración México-Estados Unidos, Presente y Futuro says the migrants paisanos who work in the USA send about eight billion dollars to Mexico; this exceeds income from agricultural exports, tourism, and it amounts 50 percent of the foreign investment and 60 percent of the petroleum exports annually. (Ibid, 2000) Using other data, José Antonio O’Farrill Avila (Ibid, February 21, 2000) says:
Let us recall the growing presence of Mexican labor is such, that nearly 21.4 million Mexicans currently live in the USA: 5.4 million are legal residents born in Mexico; 2.6 million are illegal; 8.5 million are Mexican-born with undefined residence status, and 13.4 million are American citizens of Mexican descent. In all, they account for 8 percent of the population of the United States of America. The flows of Mexican migrants into the United States have grown tenfold over the last four decades.
,,, the hard work of Mexican workers is amply recognized by their employers, many of which have developed personal relationships with them and request, year in and year out, the same individuals to go to work for them. (If the “Bracero” program were rejuvenated with the US and if Canada’s agricultural worker program were extended to include work) in the livestock industry (this would bring) a glimmer of hope, for some fine Mexicans wishing to work legally in the two northern nations of our continent.
This,,, gesture of cooperation between our two nations, added to the their joint efforts in the anti-drug struggle,,, with the US,,,, in which the brave members of task forces fight against the traffic of cocaine, marihuana, amphetamines and other narcotics that so severely damage the children and young people of the world. (These will),,, result in more modern methods in the urgent labor of detecting and destroying drug crops and smuggling routes.
O’Farrill Avila (Ibid went on to say) ,,, in order to offer honest and decent individuals an opportunity to work, provided their efforts to contribute to democracy,,, the United States should look into (its) real needs as a great country (and,,,) top levels of power,,,, need to establish language-training programs for immigrants to become bilingual and thus able to develop a mutual understanding of the work to be accomplished.
O’Farrill Avila’s comments present an interesting proposal not just for Mexicans who go to the US, but also, for all countries. They certainly apply relative to the 58 Chinese who were suffocated by smugglers crossing from the Netherlands to a British port. According to Graham Perrin of the London Coroner’s office, all but two died after a four-month trek (Perrin, June 23, 2000, London.)
Money Sent Home
An International Monetary Fund (IMF) study (Ibid, 1999) shows, Mexican migrants came in third in migrant earnings behind India and the Philippines, with 4.4 billion dollars sent from abroad in 1995. By 2005-6 this grew near 14 billion yearly. Another study by Mexico’s National Council of Population (CONAPO) shows 33 billion dollars were sent to Mexico during the 1990s. [See “Migration – Mexico-United States, Present and Future,” Ibid, March 6, 2000.] The persons, who prepared the report for CONAPO Secretary General Rodolfo Tuirán, show a tremendous impact is made as these funds reach Mexican families and the national economy. According to that study, in 1997, migrant remittances contributed the same amount of national earnings as the tourism industry, and slightly less than the manufacturing industry.
Later Mr. Rodolfo Tuirán (Ibid, March 20, 2000) said: “En la ultima decada, México recibió más de 39 mil millones de dólares de recursos enviados por los migrantes. Esas cifras revelan la importancia de la migración como fuente de divisas y como sostén esencial para los integrantes de más de 1.1 millones de hogares en México.” [In the last decade, México has received 39 billion dollars in resources sent by migrants to the USA. These figures show the importance of migration as fountains foreign capital and as needed support for those who live in 1.1 million Mexican homes.”] Albert Acosta says, in Mexico, the States of Guanajuato, Jalisco, Michoacán, San Luis Potosí, Guerrero, Chihuahua and Zacatecas benefited from the most funds sent. (Ibid, Acosta, March 20, 2000.)
By 1996, the IMF results (Ibid) shows Mexican migrants remitted 5 billion dollars, putting them in first place for sending money home. This rate climbed to 5.3 billion in 1997 and 5.6 billion dollars in 1998. The study included the earnings of both documented and undocumented persons.
For every “wet back” that is detained, do grave hurts arise? Time after time as I interview young children like Xóchitl, a hungry, skinny nine year old, who grew up near Zacatecas, Zacatecas, Mexico, their answers kill you. Xóchitl, why do you need money? My father left to earn more in your country and he has not returned in more than a year. He is a loving man. We do not understand why he has not sent money home. We miss him and want him to come but no one can find him. Xóchitl’s story repeats over and over; just change the name. (Ibid, September 3, 2001.) Why does this happen? Answer: Children are left to scrounge, all because law enforcers in the USA insist, “we demand that our neighbors be responsible and respect the `rules of law.’ It’s the least we can ask.” I am quoting several Legislators who were addressed by President Vicente Fox in August 2001.
Family funds dispatched to families in Mexico amounted to six billion dollars in 1999 according to figures established by Coordinación Nacional del Programa Paisano. Six to seven million migrants used electronic transfers, which amounted to six billion dollars. Friends or family, “acarreo hormiga” carried an additional two billion dollars. (Ibid, Acosta, March 20, 2000.)
Thrust of this Essay – A Contribution to Earth Charter
This book reaches further, to the children of deported families. It urges the need for attorney ad litems as defined in Blacks Law Dictionary (Ibid) to be assigned on behalf of children of US citizen children who have parents who face deportation. The INS totally failed to abide by these requirements when a parent of a US citizen was being deported.
Profound torment has been borne by thousands of immigrants. I am sad to say discrimination is a most ugly facet of the INS Reform Act of 1997, in particular Section 110. The international press has gone light on use of the term. History will show racism is at the root of elements in the INS Reform Act passed by a “law and order legislators.” Historians are slow to speak except for Linda Gordon, professor of history at the University of New York who combined an oral history review of the 1904 abduction of orphans in a Mexican-American community in Arizona. (See, The great American orphan abduction, substantiated by the US Supreme Court findings that voted against racism.) A need exists for ethical basis for clearing gross cases of immigrant grievances.
Decrying the moral and ethical breakdown in society, a group of former heads of state and activists March 14, 2000 formally launched in Paris the Earth Charter. The backers say the charter provides global ethical guidelines based on the idea that problems such as poverty and environmental degradation are interdependent. Maurice Strong, Co-chair of the Earth Charter Commission and United Nations Under Secretary-General said: “Nothing is more important to the future of our planet than the moral and ethical balance by which we shape that future.” The accompanying Associated Press notes the charter’s central principles urge people to respect the Earth and life, care for “the community of life” with compassion, build fair and sustainable democratic societies and secure the Earth’s bounty for future generations. Some 100,000 people from 51 countries, contributed since 1992 to the final text.
David Bacon (Ibid, April 6, 2000) says, “It is clear that building walls along the border and militarizing it cannot halt this flow of people. Nor can draconian, anti-immigrant legislation like California’s Proposition 187 or the 1996 Immigration Reform and Control Act. The AFL-CIO recognizes this.” Immigration policies undermine rights and the well being of persons once they are in the US. “Thousands of workers have been fired from their jobs as a result of employer sanctions. It’s ironic that our political climate removes welfare and social benefits in the name of the work ethic, then punishes the undocumented for the crime of working.”
In the Age of Access, a need exists for a balance between culture and ecommerce. Few migrants touch a computer and even fewer may ever benefit from advances brought forth by the advent of Internet and ecommerce. Jeremy Rifkin (Ibid 2000) urges their advent have so changed the world but, left the third world far behind. As we talk about forced migration, the fundamental ways organizations and individuals do business is changing so fast, few migrants will benefit. Internet has shifted the emphasis from ownership of assets to payments for the right to access the assets of others. Rifkin calls this way of existing a "hyper-capitalistic economy."
Achieving Win-Win Results in the Age of Access
A win-win labor-relations policy is needed for populations from 178 nations to step into an age of access. Among the G-8 nations, some leadership has been shown by Germany when it approved of three million Turkish visas, by Japan when it accepted past settlers in Peru and Brazil, by Canada which has an open policy toward Latin Americans, by Russia which accepts at least 200,000 Chinese yearly and to those immigrants who follow strict US INS rules. But, having closed borders remains fodder for politicians. It is sad to say, no rich nation has come forth with a win-win immigration policy. It saddens me more to report, I saw my Congressman-unopposed, Lamar Smith, espouse dated statistics in June 2000 as grounds for Section 110 legislation designed to block immigrants with computer knowledge and other skills. (Ibid, San Antonio.)
However, in response to demands from coffee, banana and cacao plantation owners in Mexico’s southern state of Chiapas, since 1997 Javier Dueñas, Director of Regulation for the National Migration Institute (INM) granted temporary permits to Guatemalans. Graham Gori, at The News Novedades (Ibid, July 15, 2000) covers this labor policy in the “Nation’s Migrant Worker Program.” Gori tells how Guatemalans are sent for when workers are needed during harvests. The by-invitation program removes the prospect of heated reactions or daily deportation such as had occurred in days past between Mexico and Guatemalans.
The poor in all countries are clearly being separated further and further. Many in the affluent world abandon their culture in the attempt to keep pace. But, immigrants abandon their countries and their cultures in hopes of bettering both.
International Leadership Models and Consortia Building Is Needed
Only a small percentage in the G-8 nations may enter the age of access or capitalize on ecommerce. (Op cit, Rifkin.) An even lesser percentage benefits in other countries. It is not time for presidents, kings or monarchs to be brandishing their brutal force one against another. Finely tuned international leadership models and consortia, including business entities, universities and NGOs, in different countries, must be used to overcome these odds and save face. Demanding law and order, is not the only way to achieve ethical returns from neighbors!
What happens if a high-ranking Chinese politician is caught with their hand in the till? For centuries cultural elitists believed graft and corruption might be expected of the Chinese oligarchy. But, when China’s President Jiang Zemin learned the sub-Director of Transportation, Zheng Daofang was found to be involved in illicit enrichment and bribe making in the Sichuan Province, he was immediately removed from power and said to be in line to be shot in the back of his head. At the same time Mr. Cao Xinghai in Putián and in Zhangzhou Mr. Liu Frenghe and Mr. Li Lanying were brought before judges on fraud charges. This was a first time in 53 years for high-ranking Communist heads to roll. (Ibid, AP, Pekin, September 14, 2000.) Considering negotiation of the most favored nation status was underway, President Jiang certainly wished his nation to appear legitimate.
Whereas heavy weights prevail upon US leaders to return to sane thinking about immigration, even the U.S. Supreme Court agreed when it denied a writ certiorari on behalf of Elián González. Elián ‘s case mellowed the US as a nation, causing immigrant children to have a right to attorney at litems and assured the US would respect its own law, 10 USC, Section 1083, International Flight to Avoid Prosecution for Kidnapping a Minor.
In a landmark case, nine undocumented foreign-born women, 1) unionized, 2) carried their case to the US Equal Employment Opportunity Commission and, 3) there won their discrimination case. Said women next found themselves being deported, yet they enjoyed help from politicians.
Sadly, as noted by hundreds of writers, especially those in freer presses outside the US than within, many traditional US conservatives succumbed to subversive arm bending and false propaganda gradually turning to neo con fascist orientations, which approve of torture, exploitation, corruption, criminalizing immigrants and belittling women. Minors have been caught amidst a war within the US, causing protests and immense anger. Peace initiatives are needed to overcome the gravity of these challenges.
O’Farrill calls for US policies which help educate immigrants rather fanning the wind with money spent on costly anger-provoking deportations. (Ibid, 2000.) Truly, too little has been said about the multi-billion dollar benefits incurred when immigrants send home a large part of what they earn, all without a single US tax dollar being paid. An exchange of wealth occurs through positive vibrations.
But the cries of US citizens who remain unheard must be carefully cuddled and allowed to live without despair, suffering or pain. Too often children co-exist in our midst without experiencing social justice or basic fundamental rights guaranteed to US citizens. If you are one who calls undocumented individuals “illegal”, I admonish you to respect strangers and be responsible as you may be talking about the parent of a US citizen who has needs just like you do. Incriminating the parent of a US-born child has no place in this country. It is time for this ugliness to stop! INS judges about to deport an adult, are included in this call to justice.
A win-win labor policy appears to be in order. Surely, the US 1996 Reform Act and Immigrant Act fail to produce win-win results. Practical win-win labor policy models involving immigration have yet to be tried, tested and satisfactorily defended.
8 U.S. Code, Immigration and Naturalization Statutes.
10 USC, Section 1083, International Flight to Avoid Prosecution for Kidnapping a Minor
Hague Convention Treaty (1980) “Accord on lawful return of a kidnapped minor child,” The Netherlands: signed by 54 countries.
Alberto Andriano et al v. Christian Richer, Frank Miethbauer & Enrico Hilprecht, (Halle, Germany Court, August 23, 2000)
Ashcroft Plan Ordering State and Local Police to Question Immigrants, 2002.
Gardner v. Parson, 874 F.2d 131 (3rd Cir. 1989)
Lazaro Gonález v. US - In the interest of Elián González, __Fed Supp__ (Miami Federal District Court, March 21, 2000)
In the interest of Elián González, __Fed Rep___ (11th US Circuit Court of Appeals, June 23, 2000)
In the interest of Elián González, __ S.Ct.___ (writ certiorari to the US Supreme Court, June 28, 2000, denied)
In the interest of Nine discriminated against undocumented immigrant females v. Holiday Inn Express Motels, US Equal Employment Opportunity Commission (1999).
Keenan & Son v. Butler et al & the Aryan Nations, being filed in the USDC, Boise, Idaho, August 2000.
Myers v. Morris, 810 F.2d 1437 (8th Cir. 1987), cert. Denied, 484 U.S. 828 (1987)
US Congress (June 2000) “Food and medicine for Cuba and Asian Nations,” Washington, D.C.: Author.
Acosta, A. (March 20, 2000.) “Mandan paisanos Dls. 8 mil millones,” Mural / México, p. 1 A.
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Associated Press (September 2, 2000) “Schroeder promises continued aid to East,” The News Novedades, p. 8.
Associated Press (August 28, 2000) “Liberia guerrilla a cinco rehenes: Paga Libia rescate de dls. 5 millones a rebeles Filipinos; aún están cautivos 7 occidentes,” Mural, Jolo, Filipinas.
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Associated Press (May 18, 2000) “Border incidents spur Mexico to hire lawyers,” p. B7.
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Fox, V. (March 21, 2000) Reported in, “Fox highlights drugs and migration policies in D.C.,” Associated Press, News: Novedades, March 22, 2000, p. 2, Speaking at the Center for Strategic and International Studies.
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International Monetary Fund (1999) “Rate of growth in migrant incomes,” Washington DC: Author.
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Patricia. (May 18, 2000) “La matins as afectandonos,” Guadalajara: Interview response at the Delegación de Migración.
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Published as CHILDREN'S RIGHTS & DEPORTATION: A Call for Justice! Chapter 1
Copyright (1998, 2001, 2006) Kenneth Koym, Author & Editor, Published by Advocacy Services Press ISBN 0-925291-16-1
 Twenty one year old Yaser Esam Hamdi held in the Cuba Camp X-Ray was born in Louisiana.
 Two lady US Supreme Court Justices Sandra Day O’Connor and Ruth Bader Ginsburg spoke out against death threats against them by elected US Congress and Senate Office holders in 2006 public appearances. O’Connor warns of a dictatorship and Ginsburg criticizes threats to women from a misguided fringe within the US fabric.