New York Times and Ann Coulter Refuted: Immigrant Rights ARE Civil Rights

Helen and Cesar Chavez.jpgToday is the federal holiday of Columbus Day. In ironic recognition, President Obama will stop by a remote California village to dedicate the Cesar E. Chavez National Monument, memorializing the contributions of the eponymous Mexican-American civil rights leader who fought tirelessly to gain justice for immigrant farm workers. 

Also today, Cesar's widow, Helen, continues her effort, with many others, to urge the New York Times to replace the odious, overbroad and outdated term, "illegal immigrant," with "undocumented immigrant" or another less racially charged phrase.

For me, Columbus Day is personal.  I was born on October 12 -- the original day of remembering the Italian explorer's first touchdown on Guanahani, as the island of San Salvador was known in 1492 -- that is, until three-day weekends became more important than historical accuracy and Columbia became a misspelling of a South American country known for fine coffee more than the name by which to distinguish America and the New World from Old Europe.

The President's Columbus-Day commemoration of the leader of farm workers strikes me as doubly ironic (and also quite politic) because early Italian immigrants, like my grandparents, came as impoverished and landless farmers to this new world of promised "opportunity" and were as reviled and unappreciated as Hispanic field workers in Chavez's time and other unauthorized immigrants still are today. 

As social and cultural historian Yoni Appelbaum reminds us in The Atlantic, ("How Columbus Day Fell Victim to Its Own Success"), the Italian explorer who outsourced his services to Spain has become an enduring symbol of the genocide of indigenous people, even though Italian immigrants were vilified and some were murdered when they arrived on America's shores in the early Twentieth Century:

Many Americans believed Italians to be racially inferior, their difference made visible by their "swarthy" or "brown" skins. They were often portrayed as primitive, violent, and unassimilable, and their Catholicism brought them in for further abuse. After an 1891 lynching of Italians in New Orleans, a New York Times editorial proclaimed Sicilians "a pest without mitigation," adding, for good measure, that "our own rattlesnakes are as good citizens as they."

300px-ColumbiaStahrArtwork.jpgThe plight of individuals who migrate from poverty to opportunity is also reflected in an eye-opening book of great scholarship by Pulitzer-prize winning New York Times author Isabel Wilkerson in The Warmth of Other Suns: The Epic Story of America's Great Migration. Although the African-Americans she interviewed never saw themselves as immigrants, she maintained that the "central argument of [her] book [is] that the Great Migration [of Southern Blacks to Northern and Western cities] was an unrecognized immigration within the country":

"The participants bore the marks of immigrant behavior. They plotted a course to places in the North and West that had some connection to their homes of origin. They created colonies of the villages they came from, imported the food and folkways of the Old Country, and built their lives around the people and churches they knew from back home. They took work the people already there considered beneath them. They doubled up and took in roomers to make ends meet. They tried to instill in their children the values of the Old Country while pressing them to succeed by the standards of the New World they were in."

By insisting that "Readers Won’t Benefit if Times Bans the Term ‘Illegal Immigrant’," The New York Times Public Editor, Margaret Sullivan, mistakenly aligns herself with Ann Coulter ("Immigrant rights are not civil rights . . . Civil rights are only for Blacks") and continues the sad tradition of The Grey Lady in belatedly dropping venomous pejoratives in common use as ad hominem attacks on discrete and defenseless groups within society.  Sullivan also facilitates the effort of anti-immigrant NumbersUSA to pit African Americans against their immigrant brothers and sisters in a recent TV commercial.  Let's be clear, the term "illegal immigrant" is grammatically and legally incorrect.  It is more than just a term.  The media needs to drop the 'i' word. It is simply not the right description.  As much as I respect Times' immigration reporter, Julia Preston, and its immigration editorialist, Lawrence Downes, for their fine work, 'illegal immigrant' is not interchangeable with 'undocumented immigrant'.

The Golden Rule.jpgThe best rule of usage and comportment is not the AP Stylebook but rather the Golden Rule as adopted by every major faith and by people of no faith in faiths.

If we, as Americans, subjugate the civil rights of any and all people we lose our way and slide toward a form of national mental illness, as  Eric Fromm said it so well in "The Sane Society":  

Nationalism is our form of incest, is our idolatry, is our insanity. ''Patriotism'' is its cult. It should hardly be necessary to say, that by ''patriotism'' I mean that attitude which puts the own nation above humanity, above the principles of truth and justice; not the loving interest in one's own nation, which is the concern with the nation's spiritual as much as with its material welfare /never with its power over other nations. Just as love for one individual which excludes the love for others is not love, love for one's country which is not part of one's love for humanity is not love, but idolatrous worship.

Immigration Brainstorming and DREAMstorming

Thumbnail image for robot pen and sword.jpgAndrew Jackson had his "Kitchen Cabinet," Franklin Roosevelt his "Brain Trust."   Seth Godin has his "Tribes," web-based "silos of interest." 

I've been a member of many tribes (as I write this I'm recalling my tattered T-shirt from my own and my adult daughter's Indian Princess days, many moons ago [click here to see the shirt]).

In the Googlean sense, immigration lawyers likewise have their "circles" (if a noun can become a verb, I guess it can be an adjective as well). We lawyers of the immigration arts congregate privately in many places including local bar associations, on IMMLOG (a practitioners' list serve run by Kevin Dixler) and IMMPROF (a list serve for professors of immigration law, hosted by Hiroshi Motomura), through the American Immigration lawyers Association (the national immigration bar), which has a New Members Division, a group for Senior Lawyers (known as the Silver Foxes, led by Ken Stern), and numerous AILA Interest Groups. There's even "Cool Immigration Lawyers," a private meeting place on Facebook "for cool immigration attorneys who think it is awesome to help people and to insist on justice for everyone."

My prime immigration tribe is the Alliance of Business Immigration Lawyers (ABIL).  It's expanded wonderfully over the last 10+ years since I founded it; but it still performs its original mission very well.  ABIL was established on the principle of "competitive empathy," the notion that although we operate in separate law firms, "none of us is as smart as all of us." I liken it to a 12-Step Group for battle-weary immigration practitioners who acknowledge we're "powerless" over the ever-crashing waves of change washing over our chosen field of law.

The most recent tsunami -- the Obama Administration's program of immigration enforcement abatement, known as DACA (Deferred Action for Childhood Arrivals) -- has flooded the immigration tribal counsel with challenges and questions since August 15 when U.S. Citizenship and Immigration Services (USCIS) released DACA forms, instructions and FAQs.  These include Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with nine pages of instructions, Form I-765WS, a work-need worksheet, and a DACA web page with FAQ.

The challenges include concerns among DREAMers and immigration community-based organizations that lawyers may price-gouge to handle DACA cases, reflected recently by perhaps the most-famous DREAMer, Jose Antonio Vargas, who tweeted from @Joseiswriting on August 16: "I try to be positive, but there is a special place in hell for lawyers who take advantage of #DACA by overcharging, etc." (I tweeted back to Jose, who is my client: "[Jose]: Please don't jump to conclusions. You need to know the facts of the case to know if the fee is fair or foul."  He responded by kindly urging his Twitter followers to follow: "@angelopaparelli: a great lawyer who's been advising me and, in turn, keeping me sane. [T]hank you for the help and support!")

The flip side of this concern is the difficulty individual immigration lawyers have had setting an ethically proper and reasonable fee in a practice area where fixed, project-based fees are the norm. Outside observers without an institutional history of how immigration-benefits programs have been (mis)managed might naïvely assume that the task must not be too complex, just three forms, the I-821D, the work permit application and the corresponding worksheet to show economic need, supported by written proof of a few "simple" facts (entry to the U.S. before age 15, five-years of continuous presence as of June 15, 2012, presence in the country on that day, no older than 30, and no serious criminal history.)  They would be mistaken.

USCIS knows that Congress, the Media, the Presidential campaigns, and the pro- and anti-immigration interest groups will be watching closely to see whether the agency can handle the estimated 1.7 million youth potentially eligible for DACA, whether fraud will infect the program or be minimized, whether the agency will act with humanitarian compassion under law or ICE-like negativity in exercising prosecutorial discretion, and whether employers who help a DREAMer acknowledge physical presence and past or current employment in the U.S. will face investigation and enforcement actions by USCIS's Fraud Detection and National Security Directorate (FDNS) or by ICE.

The immigration bar, electronically-transmitting the 21st Century equivalent of tribal smoke signals over these last frenetic days, knows that immigration confusion and complexity will flourish like a Chia pet on growth hormones as USCIS's implementation of DACA unfolds. Witness the many unanswered issues and concerns that DACA has generated as reflected in the notes of the USCIS's DACA Public Engagement on August 14, provided courtesy of Sally Kinoshita, an immigration lawyer and Deputy Director at the Immigrant Legal Resource Center (ILRC), the ILRC's DACA Criminal Bars Chart, and postings of the American Immigration Council by its Legal Action Center (DACA Practice Advisory) and Immigration Policy Center (Deferred Action for Childhood Arrivals: A Q&A Guide [Updated]). 

Even the most mundane issues involve significant costs that clients or lawyers must bear unless answered soon.  Attorney Marty Rosenbluth, Executive Director at the North Carolina Immigrant Rights Project asks of Facebook's "Cool Immigration Lawyers":

I know that some questions USCIS/DHS/ICE will answer with "it depends on the totality of the circumstances", but I think we can get a clear answer to a few questions before we start filing hundreds of these things. If we go through all the trouble of tabbing the appendices, are they going to be stripped off so the documents can be scanned before the person who will be deciding actually reads it? We thought it would make the [applications] easy to follow, but if they are just going to be stripped off beforehand we won't bother.

Also, we were thinking of using color coding, but if the scans are [black & white] there is no point there either.

* * *

Thank goodness for immigration-lawyer tribes. Besides "help[ing] people and . . . insist[ing] on justice for everyone," while trying to keep our staffs paid and doors open, we also dedicate our time and talent to advise and represent DREAMers as they wade through DACA's treacherous waters. Were it not for these collegial tribes, many of us (probably myself included) would have thrown in the towel years ago, mirroring the fate of Murray Burns, the protagonist in Herb Gardner's A Thousand Clowns.

Played by Jason Robards in the classic 1965 film, Murray explains why he finally had had enough and quit his job as TV personality, Chuckles the Clown. While ordering a martini one evening after work, he was asked by the bartender if he wanted an onion or olive with it. Murray responds: "Gosh and golly, you betcha!"  We are not clownish robots with pens and swords. Our immigration tribes help remind us of who we are and why we do what we do.

[Blogger's postscript] 

Although I'd seen the film and loved it, I couldn't find the Chuckles the Clown quote on the internet except in stray chats and a web-published book, The Robot's Pen and Sword, by an unnamed author whose site is the source of the photo above.

[Blogger's post- postscript]

My last blog post, Immigration D-Day for DACA: Get Protection!, generated a thoughtful, heartfelt critique by a good friend, and fellow immigration tribesman, Gary Endelman.  Gary took me to task for my "use of the Holocaust as a standard of comparison" to the plight of the DREAMers. On reflection, I was wrong, and apologized to Gary, and now do likewise to anyone else offended by my inapt metaphor. Gary, who is not only an immigration scholar of well-deserved repute, but also a Doctor of History, gave me permission to follow up on my blog to communicate a larger point, which he eloquently laid out, and with which I fully agree: 

I would simply urge that we all respect the historical integrity of each experience and not use any incident or event as a catch phrase to describe something that, while horrible, may be fundamentally different.  The historian in me.

I think you might want to follow up this blog with another one that perhaps can capture the larger point, which is that whenever any nation denies those who live there the human right to become all that they are capable of being, whenever we violate  the essential human decency of our friends and neighbors, whenever we ignore what unites us to focus on what divides us, that is the seed corn for intolerance and hate.

I also apologize to any Native Americans and others who may have been offended by my fondly recalled participation in the Indian Princesses, a Girls-Dads group sponsored by the YMCA's Indian Guides. No offense is intended; only admiration for the Indian nations' wholesome, natural and eco-friendly way of living on the earth.