POWs, MIAs, “We Will Never Forget” Part III, D-G


In continuation of my blog post of Friday, August, 8, 2015, I will continue to list the names of the servicemen still unaccounted for from the Vietnam and Korean conflicts. The gringa will kindly remind dear readers that clicking on incident date, name, branch of service or side note will take the reader directly to a page regarding that serviceman that is linked with the website www.pownetwork.org. So, in honor of those POWs and MIAs considered with the November 9, 2000, immigration policy known as the “Bring Them Home Alive Act”, the following men are not forgotten:

13-Dec-68  DAILEY DOUGLAS V.   USAF

09-Jun-65  DALE CHARLES A.       ARMY   Disappeared over Vinh Binh

27-Apr-67   DALLAS RICHARD H.   USMC

29-Apr-75   DANIEL LEON                CIV      Expelled from Saigon 08/75

05-Oct-70   DAVIDSON DAVID A.    ARMY

19-May-68   DAVIES JOSEPH E.      USAF

25-Jul-67     DAVIS DONALD V.       USN

17-Sep-68   DAVIS EDGAR F.           USAF

14-Jun-72   DAVIS FRANCIS J.         USN

13-Mar-66   DAVIS GENE E.             USAF

11-Mar-68   DAVIS JAMES WOODROW    USAF   Not on Official DIA list – TDY CIV/LOCKHEED

20-Mar-69   DAVIS RICARDO G.     ARMY

05-May-66   DAWES JOHN J.     ARMY

29-Apr-75   DAWSON ALAN   CIV   Expelled from Saigon 09/75

06-Nov-64   DAWSON DANIEL G.   ARMY

11-Apr-65   DAWSON DONALD   CIV   Released 08/21/65 – Captured searching for brother

16-Jul-69   DAWSON JAMES V.   USAF

03-Nov-70   DAY DENNIS I.   ARMY

02-Oct-69   DAYAO ROLANDO C.   USN

08-May-68   DAYTON JAMES L.   ARMY

18-Jun-71   DE BLASIO RAYMOND V.   USN

05-Sep-63   DE BRUIN EUGENE H.   CIV   

03-Nov-71   DE CAIRE JACK L.   ARMY

19-Nov-67   DE HERRERA BENJAMIN D.   ARMY

12-Apr-69   DE SOTO ERNEST L.   USAF

02-Oct-69   DEAN DONALD C.   USN

17-May-66   DEERE DONALD T.   ARMY

06-Sep-68   DEICHELMANN SAMUEL M.   USAF

07-Feb-69   DELEIDI RICHARD A.   USMC

14-Oct-77   DELLENBAUGH CORNELIA   CIV   Released from Saigon 01/12/78

18-May-67   DELONG JOE L.   ARMY

09-Jun-65   DEMMON DAVID S.   ARMY   Disappeared over Vinh Binh

17-Jun-66   DEMPSEY JACK I.   USN

23-Apr-70    EADS DENNIS K.   ARMY   

 22-Jun-70    EARLE JOHN S.    USN

 21-Oct-66    EARLL DAVID J.    USAF

28-Nov-72   EARNEST CHARLES M.   USN

21-Aug-67   EBY ROBERT G.   CIV

05-Nov-69   ECHANIS JOSEPH   USAF

03-Oct-66   ECHEVARRIA RAYMOND L.   ARMY

05-Feb-68   EDGAR ROBERT J.   USAF

29-Apr-75   EDIGER MAX   CIV   Left Saigon 05/76

31-May-66   EDMONDSON WILLIAM R.   USAF

21-Jan-66   EGAN JAMES T. JR.   USMC

19-Jan-67   EHRLICH DENNIS MICHAEL   USN

05-Dec-65   EISENBERGER GEORGE J.   ARMY

05-Jul-65   EISENBRAUN WILLIAM F.   ARMY   On PRG DIC List 08/07/65

24-Apr-72   ELLEN WADE L.   ARMY

02-Oct-69   ELLERD CARL J.   USN

09-Jun-70   ELLIOTT ANDREW J.   ARMY

21-Jan-68   ELLIOTT JERRY W.   ARMY

03-Jan-68   ELLIS BILLY J.   ARMY

18-Apr-69   ELLIS RANDALL S.   ARMY

24-Jun-66   ELLIS WILLIAM   ARMY

24-Mar-67   ELLISON JOHN C.   USN

02-May-68   ENGLANDER LAWRENCE J.   ARMY

18-May-71   ENTRICAN DANNY D.   ARMY

16-Mar-68   ERICKSON DAVID WAYNE   USMC

13-Nov-68   ERSKINE JACK D.   CIV   VC Sketches of Erskine found

01-Sep-69   ESCOBEDO JULIAN JR.   USMC

29-Apr-75   ESPER GEORGE   CIV   Expelled from Saigon 06/75

26-Apr-67   ESTOCIN MICHAEL J.   USN

26-Mar-68   EVANCHO RICHARD   USMC

05-Dec-68   EVANS BILLY K. JR.   ARMY

13-Mar-68   EVANS CLEVELAND JR.   USMC

02-Mar-69   EVANS WILLIAM A.   ARMY

26-Oct-71   EVELAND MICKEY E.   ARMY

10-Mar-67   EVERSON DAVID   USAF   Captured by Pathet Lao, help 29 days

29-Apr-75   FAIGAN LARRY   CIV   Left Saigon 12/75

04-Jul-69   FALLON PATRICK M.   USAF

31-Oct-67   FANNING HUGH M.    USMC   Remains Recovered 07/17/84    Id’d Rescinded

13-Dec-68   FANNING JOSEPH P.   USAF

16-May-71   FARLOW CRAIG L.   ARMY

06-Feb-68   FARRIS WILLIAM F.   USN

30-Dec-69   FEATHERSTON FIELDING W.   USAF

09-Apr-65   FEGAN RONALD J.   USN

20-Mar-68   FELLOWS ALLEN E.   USAF

11-May-66   FENELEY FRANCIS J.   USAF

21-Dec-72   FENTER CHARLES F.   USAF   Remains Returned 02/21/85 – Family refused Id

17-Jan-69   FICKLER EDWIN JAMES   USMC

30-Sep-68   FIESZEL CLIFFORD W.   USAF

29-Apr-75   FILLER FONG DUONG   CIV   Left Saigon 08/76

26-Oct-71   FINGER SANFORD I.   ARMY

21-Oct-68   FINLEY DICKIE W.   ARMY

24-Dec-71   FINN WILLIAM R.   USAF

09-Sep-66   FISCHER JOHN RICHARD   USMC

17-Oct-67   FITZGERALD PAUL L. JR.   ARMY

21-Jul-68   FLANAGAN SHERMAN E. JR.   USAF

10-May-68   FLEMING HORACE H. III   USMC

24-Nov-67   FOLEY BRENDAN P.   USAF

11-Jun-67   FOLEY JOHN J. III   USMC

19-Dec-71   FORAME PETER C.   ARMY

09-Dec-68   FORD EDWARD   ARMY

22-Jan-66   FORMAN WILLIAM S.   USN

27-Dec-72   FORRESTER RONALD W.   USMC

22-Dec-67   FORS GARY H.   USMC

29-Apr-75   FORSYTHE JULIA   CIV   Left Saigon 10/75

09-Mar-66   FOSTER ROBERT E.   USAF

01-Aug-68   FOWLER DONALD R.   ARMY

06-Jun-72   FOWLER JAMES A.   USAF

02-Oct-69   FOWLER JAMES J.   USN

02-Oct-69   FOWLER ROY G.   USN

24-Feb-65   FRAKES DWIGHT GLENN   USN

29-Apr-75   FRANJOLA MATT   CIV   Expelled Saigon 05/75

23-Mar-68   FRANKS IAN J.   ARMY 

02-Jul-69   FRANSEN ALBERT M JR.   USN

01-Mar-66   FRAWLEY WILLIAM D.   USN

03-Sep-68   FRAZIER PAUL R.   ARMY

17-Jun-66   FRENG STANLEY J.   USN

22-Jan-66   FRENYEA EDMUND M.   USN

12-Nov-66   FROSIO ROBERT CLARENCE   USN

02-Jan-70   FRYAR BRUCE C.   USN

07-Aug-66   FRYER CHARLES WIGGER   USN

26-Aug-67   FULLER WILLIAM OTIS   USAF

27-Jul-68   FULLERTON FRANK E.   USN

03-Jul-66   GAGE ROBERT H.    USMC

11-Dec-68   GALBRAITH RUSSELL D.   USAF

06-Feb-68   GALLAGHER DONALD L.   USN

13-Jul-65   GALLANT HENRY J.   ARMY 

08-Mar-67   GALVIN RONALD E.   USN

02-Oct-69   GAN LEONARDO M.   USN

24-Mar-70   GANOE BERMAN JR.   ARMY

09-Oct-69   GARBETT JIMMY R.   ARMY

19-Mar-71   GARCIA RICARDO M.   ARMY

29-May-67   GARNER JOHN H.   USN

22-Oct-71   GARRETT MAURICE E. JR.   ARMY

05-Oct-70   GASSMAN FRED A.   ARMY

07-Mar-70   GATES ALBERT H. JR.   USMC

06-Apr-66   GATES JAMES W.   ARMY

31-May-68   GATEWOOD CHARLES HUE   USMC

02-Apr-72   GATWOOD ROBIN F. JR.   USAF

01-May-67   GAUGHAN ROGER CONRAD   USMC

10-Jan-67   GAULEY JAMES P.   USAF

31-Oct-69   GAUTHIER DENNIS L.   ARMY

30-Apr-75   GAY ARLO N.   CIV   Known to have been captured in the Mekong delta in early 1975 – Left Saigon 09/76

16-Jan-68   GEE PAUL STUART   USMC

18-Jun-65   GEHRIG JAMES M. JR.   USAF

26-Sep-67   GEIST STEPHEN J.   ARMY

08-APR-70   GENSLUCKNER GEORG   CIV

08-Feb-68   GEORGE JAMES E.   ARMY

30-May-62   GERBER DANIEL A.   CIV   Taken from Leprosarium

08-Sep-72   GERSTEL DONALD A.   USN

01-May-68   GERVAIS DONALD P.   ARMY

27-Jun-68   GIAMMERINO VINCENT F.   ARMY

02-Apr-72   GIANNANGELI ANTHONY R.   USAF

13-Jun-66   GIERAK GEORGE G JR.   USN

07-Oct-66   GILCHRIST ROBERT M.   USAF   (Photo)

18-Feb-70   GILLEN THOMAS E.   USAF

03-Nov-70   GINN DAVID L.   ARMY

11-Mar-68   GISH HENRY G.   USAF   Not on Official DIA list – TDY CIV/LOCKHED

18-May-68   GIST TOMMY EMERSON   USAF   Egress reported Uyeyama saw ID card

26-May-66   GLANDON GARY A.   USAF

13-Jun-66   GLANVILLE JOHN T JR.   USN

12-Apr-66   GLASSON WILLIAM A.   USN

11-Jan-66   GODFREY JOHNNY HOWARD   USAF

05-Feb-68   GODWIN SOLOMON H.   USMC   Egress states died 02/24/68 (Photo)

17-Mar-67   GOEDEN GENE WILLIAM   USN

17-Sep-72   GOETSCH THOMAS AUGUST   USN

24-Aug-67   GOFF KENNETH B. JR.   ARMY

22-Apr-70   GOLZ JOHN B.   USN

23-Apr-70   GOMEZ ROBERT A.   USAF

21-Mar-70   GONZALES DAVID   USMC

19-Apr-68   GONZALEZ JESUS A.   ARMY

11-Jun-67   GONZALES JOSE J.   USMC

08-Sep-65   GOODWIN CHARLES B.   USN

02-Oct-69   GORE PAUL EDWIN   USN   Not on Official DIA list

02-Oct-69   GORSUCH WILLIAM D.   USN

06-Dec-63   GORTON THOMAS F.   USAF

23-Jul-68   GOSEN LAWRENCE D.   USN

05-FEB-68   GOTT RODNEY H.   USAF   Not on Official DIA list

21-Dec-72   GOULD FRANK A.   USAF

01-Apr-67   GOVAN ROBERT A.   USAF   Remains Id’d 06/14/2002 – ID RESCINDED BY USG 03/2003

14-Jun-69   GRACE JAMES W.   USAF

29-Aug-69   GRAF ALBERT STEPHEN   USMC

03-Oct-69   GRAFFE PAUL L.   ARMY

28-Mar-68   GRAHAM DENNIS L.   USAF

28-Sep-67   GRAHAM GILBERT J.   USN

16-Aug-68   GRANIELA JOSE A. JR.   ARMY

08-Mar-71   GRANTHAM ROBERT E.   ARMY

03-Nov-67   GRAUERT HANS H.   USN

25-May-67   GRAVES RICHARD C.   USN

17-Jun-66   GRAVITTE CONNIE M.   USAF

07-Aug-65   GRAY HAROLD EDWIN JR.   USN

01-Apr-66   GRAYSON WILLIAM R.   USN

16-Nov-65   GREEN DONALD GEORGE   USAF

10-Jul-72   GREEN FRANK C. JR.   USN

04-Dec-70   GREEN GEORGE C. JR.   ARMY

12-Sep-65   GREEN GERALD   USN

18-Jun-70   GREEN JAMES A.   ARMY

26-Mar-68   GREEN LARRY E.   USMC

09-Jan-68   GREEN NORMAN M.   USAF

25-Oct-66   GREEN ROBERT B.   USAF

26-Oct-71   GREEN THOMAS F.   ARMY

14-Apr-72   GREENLEAF JOSEPH G.   USN

07-Jan-66   GREENLEY JON ALFRED   USAF

02-Sep-72   GREENWOOD ROBERT R. JR.   USAF

29-Mar-75   GREGORY MARIE   CIV   Left Saigon with fake passport 08/75

25-Jul-70   GREGORY PAUL ANTHONY   USN

29-Mar-75   GREGORY PHILIPPE   CIV   Left Saigon with fake passport 08/75

24-Jul-68   GREILING DAVID S.   USN

12-May-67   GRENZEBACH EARL WILFRE JR.   USAF

26-May-66   GRIFFEY TERRANCE H.   USAF

12-Mar-68   GRIFFITH JOHN GARY   USN

28-Mar-68   GROSSE CHRISTOPHER A.   ARMY

12-Feb-68   GROTH WADE L.   ARMY

17-Sep-67   GRUBB PETER A.   USAF

01-May-67   GUAJARDO HILARIO H.   USMC

21-Aug-67   GUENTHER HARRY   CIV

18-May-66   GUILLET ANDRE R.   USAF

18-Jun-67   GUILLORY EDWARD J.   ARMY

25-Apr-68   GUILLORY HUBIA J.   ARMY   Reported KIA in ambush, remains left behind

29-Apr-75   GULDEN FREDERICK   CIV   Left Saigon 08/76

22-Jun-70   GUMBERT ROBERT W. JR.   ARMY

12-Feb-68   GUNN ALAN W.   ARMY

Photo courtesy: www.wilsoncenter.org

2000 Hmong Veterans’ Naturalization Act


The 2000 Hmong Veterans’ Naturalization Act was passed in order to expedite the naturalization process of persons who were part of guerilla forces or irregular units in Laos during February 28, 1961 and September 18, 1978. Specifically, the naturalization requirement to speak English was waived, along with some other requirements. Spouses were also included in this legislation. The war veteran and family would be granted refugee status. Even if the war veteran had passed away, his family was still eligible for refugee status and expedited naturalization as long as they applied with the time window prescribed. Numbers accepted were limited to 45,000 Hmong Laotians.

Although most Americans are familiar with the Vietnam War, they may be less familiar with what Laos had to do with it. From 1953 until 1975 Laos was embroiled in a civil war between the Pathet Lao and Royal Lao who controlled the government. This was during the time of the Cold War between Russia and the United States. This conflict, like many others around the globe during the Cold Wars, was actually a proxy war between the U.S. and Russia. The Pathet Lao were backed by Russia and the United States threw in with the Royal Lao. For the people in the know during that era this conflict was called the “Secret War” as both sides fought viciously for control over the Laotian Panhandle.

This was a dense jungle region. Ethnic groups in the area felt threatened by the Pathet rebels. They simply wanted to be left alone within their own territory. The tribal territory of the Hmong was a little piece of real estate that was strategic because, if controlled, the U.S. could cut off supply routes to the North Vietnamese. That is why the U.S. decided to support the Hmong with money and war materials.

The legislation describes the Hmong as mountain people from the southern part of China and northern Burma, Laos, Thailand, and Vietnam. The bill describes their assistance to U.S. forces during the Vietnam War. When this war ended, the opposing force of Pathet Lao had gained control and many Hmong who had allied themselves with the U.S. were imprisoned and suffered persecution. It is estimated that up to 150,000 Hmong immigrated to the U.S. as refugees as a result of the Vietnam War’s outcome.

The United States recognized that the Hmong’s choice to support the Americans was at great personal risk of danger and possible loss of life. They participated in critical and dangerous missions. They were an important source of military intelligence that was used in combat operations as well as rescue operations for downed pilots.

Once the refugees arrived in the U.S. they found the naturalization process difficult because of the difficulty of learning the English language. The Hmong society did not have a written language until recently so many of the guerillas had never attended a school in the sense of what American society considers education. Because of this difficulty, the nation decided to ease the language requirement in order for these families to become U.S. citizens.

When President Clinton signed this bill into law, this is what he had to say, “This legislation is a tribute to the service, courage, and sacrifice of the Hmong people who were our allies in Laos during the Vietnam War. After the Vietnam War, many Hmong soldiers and their families came to the United States and have become part of the social fabric of American society. They work, pay taxes, and have raised families and made America their home… This law is a small step but an important one in honoring the immense sacrifices that the Hmong people made in supporting our efforts in Southeast Asia.”  It  may have taken America twenty years, but, the gringa is proud to say that finally, the country made things right.

Sources:

https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/csi-studies/studies/vol47no1/article01.html

http://library.uwb.edu/guides/usimmigration/2000_hmong_veterans_naturalization_act.html

https://www.govtrack.us/congress/bills/106/hr371

https://www.socialsecurity.gov/legislation/legis_bulletin_061300.html

http://www.oac.cdlib.org/view?docId=hb5x0nb468;NAAN=13030&doc.view=frames&chunk.id=ss1.01&toc.depth=1&toc.id=&brand=oac4

http://www.gpo.gov/fdsys/pkg/CRPT-106hrpt563/html/CRPT-106hrpt563.htm

http://www.presidency.ucsb.edu/ws/?pid=58559

http://www.ilw.com/immigrationdaily/news/2000,0927-Hmong.shtm

http://www.aila.org/infonet/dhs-hmong-veterans-naturalization-act-2000

Photo credit:  2001-2009.state.gov

Deportation: Easy to Say, Impossible to Do


1996 Illegal Immigration Reform & Immigrant Responsibility Act

In addition to welfare reform regulations that affected immigrants, President Bill Clinton also enacted sweeping immigration reform, signing the 1996 Illegal Immigration Reform and Immigrant Responsibility Act into law September 30, 1996. The scope of the bill was broad with a goal to strengthen current immigration laws and simplify immigration procedures. The lengthy document had five critical areas:

  • Border Control enhancement with more personnel, equipment and technology
  • Stronger penalties for convictions of smuggling, human trafficking, and document fraud
  • Reformed deportation procedures
  • Stricter enforcement of employers
  • Benefits restrictions for immigrants

The focus of this blog post will be on the deportation details. It is very common to hear anti-immigrant supporters scream for mass deportation. Usually, they haven’t a clue what that entails. It is a lengthy and costly process, paid for by the taxpayers, and, in the end, even if ruled deportable, almost impossible to actually accomplish.

With an estimated eleven million undocumented people within U.S. borders, I think it is time for the nation to simply wipe the slate clean, grant working or student resident status for the non-criminal immigrants that are here and start over. After you read the basic legal details for the deportation process, you will understand why the gringa feels this way. You may even agree.

So, what about decent people who have managed to enter the country undocumented, are minding their own business, working and contributing to society in a meaningful way? How will the government treat them? According to the 1996 legislation they are to be treated according to their status, illegally present, except for minors, battered women, refugees seeking asylum and certain situations with regard to keeping family unity intact.

For the average undocumented immigrant, after 1996, if discovered, they could look forward to apprehension and detention. It would then be up to the Attorney General to decide whether or not to begin deportation proceedings and keep the person in detention or release them on bond or conditional parole. Such decisions were weighed according to whether or not the immigrant posed a danger to the safety of people and property and could be relied upon to appear for judicial proceedings.

So, an undocumented person gets discovered, is detained, has a hearing and is either released (without work authorization) or continues in detention until receiving a “Notice To Appear”. If they are released they would either have to rely on the charity of others or work off the books. If they remain in detention, it is all on the taxpayer dime.

Their second court appearances is to hear the charges. A period of time is then given for the immigrant to retain counsel. Typically about ninety days. Mind you, then, by the time the actual “Removal Proceeding” is conducted by the court, anywhere from three months to six months has transpired.

At the third appearance, the actual trial of the “Removal Proceeding”, the immigrant’s counsel could also ask for a postponement. Such a strategy occurs quite often in many types of court cases. Six months could drag on into seven or eight months. When the postponed trial date rolls around, if the immigrant fails to appear, which is also not uncommon, counsel can then request a 180 day delay if the reason for the failure to appear is legitimate, such as illness. Now, the deportation process is stretching into about a one year scenario.

After a year of legal wrangling and delays, the “Removal Proceeding” actually takes place. The greater burden of proof is on the nation to provide clear and convincing evidence that the immigrant is deportable. The legislation clearly states that deportation is only valid if reasonable, substantial, and probative evidence is produced. Suppose the judge decides the immigrant is deportable. What then? Well, the immigrant has the right to appeal the case within thirty days. Now we’re up to a year and a month for the deportation process.

What happens with an appeal? The process then starts all over again. So, two years later, from the time the immigrant was first discovered, the final ruling is still for deportation. Now what?

If it is finally concluded that the immigrant is indeed deportable, the Attorney General may still grant the immigrant the right of voluntary departure, at their own expense, within sixty days if the immigrant meets certain criteria. Sounds crazy, right? How many of these “voluntary departure” cases actually departed? Mm hmm. Can you say, “Loophole! Duck and take cover! Lay low and hunker down!”.

If the Attorney General decides the nation will handle the departure, there is a ninety day window in which to accomplish removing the immigrant from the country. Now the deportation process has developed into a two year and three month time period for accomplishment. Will deportation be accomplished?

In a case where the nation handles the actual removal of the immigrant, the immigrant is detained. Again, detention is paid for by the taxpayer. The immigrant will remain in detention until he makes arrangements for departure. There is no law that requires the immigrant actually do this. Even if the country makes the arrangements, the immigrant has to declare where he wants to go. No one can force the immigrant to do this either.

The dear reader asks, “Why doesn’t the nation just return the immigrant to his country of origin?” Well, because that is a sticky process as well. Read on and you’ll find out why. For travel scheduling reasons or because of lack of cooperation from the immigrant, another ninety day time extension can be made. Deportation process now clocking in at two and a half years (and all that time either working off the books, living off the charity of others, or in detention getting room and board on the taxpayer dime).

So, the ninety day extension passes and the immigrant still refuses to leave. Guess what? We can’t force him to. So, the Attorney General now has the “option” to declare a suspension of deportation. This is determined by the immigrant’s length of continuous physical presence in the country, good moral character, and to what degree of hardship deportation would cause. Basically, the Attorney General thinks to himself, “This person has been in the country X number of years, has been a pretty good guy and done well for himself here and if we send him back where he came from his life will return to the living hell he was trying to escape in the first place. Okay. Suspension of deportation granted.” And now the immigrant will be subject to periodic meetings with immigration officers, medical and psychiatric exams at the country’s expense, have no authorization to legally work and live by certain restrictions as outlined by the Attorney General.

Is the dear reader now getting a clearer picture of this mess now? Is the dear reader now no longer surprised and totally understands why so many undocumented people are here and why they will probably continue to stay here? So, if an undocumented person is a law abiding, decent person other than their unlawful entry into the nation, even if ordered by the court to be deported, the country can still not forcibly remove them. They can remain in this country without authorization to work, therefore forced to work off the books and unable to contribute to the very nation that is tolerating their presence. Sounds absolutely crazy to the gringa to go to all this trouble only to end up right back where we started!

Why is forcible removal not possible? Number one, you have a person with no legal identity. You first have to prove who they are in order to know where they come from so you can send them back! Since they have the right to remain silent, they cannot even be forced to tell law enforcement who they are. So, a true individual identity linked to a birth country of origin is what the Attorney General’s office requires before it can make arrangements for deportation. Then some other country must be willing to accept them. They once again have to cross a border into another nation. Who is going to accept them? What if their country of origin is not a neighboring country? What if their country of origin requires travel through multiple other countries? These other countries also have to allow them entry.

If, then, an undocumented individual has been delivered a deport ruling and refuses to reveal his or her true identity, what next? Then the taxpayers have to pay for a full scale investigation to figure out who they are and where they came from if that immigrant decides to exercise this right and not tell immigration officials a damn thing. How do investigators do that?Umm, talk to friends, family and co-workers? Say they do. Say they find out he calls himself Ricardo Montalban from Nicaragua. How does the investigator prove it? Does he call someone in Nicaragua and say, “Hey, we’ve got this guy says he’s Ricardo Montalban from your country. Anybody born about thirty years ago by that name in your neck of the woods?” Honestly, you think it’s that easy? Say the investigators get lucky and they get something like a fingerprint ID to prove Ricardo really is from Nicaragua. Say the judge says, “Deport ol’ Ricardo.” Then, the Attorney General calls up Nicaragua and says, “We’d like to send him back.” Nicaragua can say, “Nope. We don’t want him. We were glad to see the back of ‘im. We won’t let him enter the country. He’s your problem now. You keep him.”  But, then again, maybe Nicaragua says, “Sure, we’ll take him back.” Then the Attorney General has to call Mexico and say, “Hey, we’re deporting this guy to Nicaragua but there is a six hour layover in Mexico City. Is that okay with you guys?” What if Mexico says, “Hell no! Ol’ Ricardo caused nothing but trouble last time he passed through here. He’s banned. We won’t let him enter.” Then the U.S. is still stuck with Ricardo. Can you imagine the process of passing through multiple countries and border entries if we deported someone to China or Russia? Now you see just how impossible deportation can really be.

Complicated re-entry and multiple border crossings aside, America also has laws that prevent removal of an immigrant into a country of origin that is at war or where the immigrant’s life or freedom may be threatened. In that case as well as scenarios like the one depicted in the previous paragraph, the only alternative is for the Attorney General’s office to grant an immigrant a “stay”. The immigrant can be released from detention on bond and certain conditions outlined by the Attorney General’s office BUT, yes, the big but, still not authorized to work! IT’S INSANE! I suppose they expect these people to work the rest of their lives off the books and be ghosts in society.

And that, in a nutshell, is the crazy process of deportation. You see, even if they have an illegal status, they still enjoy equal protection under American law. Once they are here the burden is on the United States to prove they don’t belong, prove who they are, and prove where they came from. And, no matter who they turn out to be, the judiciary’s role is to safeguard the rights of ALL individuals. The burden of proof is on the nation to prove a case against the undocumented immigrant.

As a result of this legislation, we can all thank President Clinton for the fact that ever since its passage immigration detention beds have been filled to capacity at taxpayers expense, ruined lives and no real gain in trimming down the numbers of undocumented people within U.S. borders. That is why mandatory detention and deportation needs to stop because it doesn’t actually end with a deportation, only a deportation order that is unenforceable. Every penny of taxpayer money to get from point A to point B only to be told you must return to point A and stay there is wasted. The future of the immigrant is wasted as well. In 2013 there were over 300,000 cases lined up, waiting their turn, for removal proceedings. How much do you think just one of those cases costs the taxpayers? Let’s just guess at $10,000 per case (although the cost is probably much higher). Multiply that times 300,000. Now take all that $3 billion and flush it down the toilet. See what the gringa means?

So, two years and six months of time and expense in detention and the court system, all paid for by the taxpayers, and what was accomplished. Nothing, other than keeping a person within the nation’s borders who is forced to work off the books and therefore unable to contribute their fair share of taxes and Social Security into the system. Now do you see what the gringa means when she said legalize the workers and students, wipe the slate clean and start over?

Once they are legalized, they have an identification that can legally be tracked down to their country of origin. Just like a resident alien, if they commit a felony in five years’ time, they forfeit their chance at citizenship and are deportable because now the country knows who they are, where their country of origin is and the evidence of a deportable crime. During their five year probation, they have been legally working and contributing their fair share of taxes and Social Security. If they keep their nose clean during their five year probation, letting them stay in the country was the right thing to do. So, again, the gringa says, “Just legalize ‘em. It’s the only thing, at this time, that actually makes sense.”

But, if it makes sense, why doesn’t the U.S. government do it? Because the nation has a history of importing cheap labor for big business to exploit; a labor class that has no legal status to make demands for civil rights and protection. Until big business stops running our country’s government through the politicians they own, the nation will never get meaningful immigration reform because it is not in the interest of big business.
Sources:

http://library.uwb.edu/guides/usimmigration/1996_illegal_immigration_reform_and_immigrant_responsibility_act.html

https://www.law.cornell.edu/wex/illegal_immigration_reform_and_immigration_responsibility_act

http://www.uscis.gov/iframe/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0-10948.html

http://immigrationinamerica.org/577-illegal-immigration-reform-and-immigrant-responsibility-act-of-1996.html

https://www.aclu.org/blog/ending-laws-fuel-mass-detention-and-deportation

http://liftedlamp.com/2013/02/06/why-immigration-reform-must-also-avoid-the-mistakes-of-1996/

http://immigration.procon.org/view.answers.php?questionID=000794

Photo credit: www.iyjl.org

Tempers Flare When Huntington Park Appoints 2 Undocumented Immigrants To City Commissions « CBS Los Angeles


Tempers Flare When Huntington Park Appoints 2 Undocumented Immigrants To City Commissions « CBS Los Angeles.

Immigration and Welfare: What’s a Civilized Nation To Do?


The 1996 Personal Responsibility and Work Opportunity Reconciliation Act

August 22, 1996, President Bill Clinton signed into law a welfare reform plan that not only changed things for the nation’s citizens, but also for the nation’s immigrants. Title IV of the bill contained the details on the provisions that affected “aliens”.

Title IV opens with the explanation that the basic principle of United States immigration law is self-sufficiency. With that in mind, it declares that aliens living in the U.S are to depend on their own capabilities, sponsors and private organizations to provide the resources for the needs of their families rather than depend on public resources. Despite these premises, the Act acknowledges the fact that aliens have been receiving public benefits at increasing rates. The legislation explains that this is due to inadequate eligibility standards that do not prevent aliens from enrollment in the public benefits system. One of the purposes of this legislation was to reform eligibility rules so that aliens comply with national immigration policy.

For their first five years in America “aliens” are prohibited from receiving any federal benefit. Exceptions to this are immigrants who: need emergency medical care; need short-term disaster relief; qualify for school lunch programs; qualify for Head Start programs; who need immunizations or treatment of a communicable disease; are granted asylum and refugee status; are permanent residents who have worked 40 qualifying quarters contributing to Social Security; are military veterans discharged honorably or are active duty military. Aliens who were receiving federal housing assistance up to the date the new law was enacted are exempt and can maintain their housing benefit.

So, what about immigrants who were currently receiving benefits and now were in a “disqualified” class? Is the government going to suddenly turn off the spigot and immigrant families scramble to adjust their lifestyle to accommodate a sudden loss of income support? Legislators laid out a plan for a transition period for these people. They would have a year to determine what benefit denial they qualified for and prepare for what this would mean for their home budget. Many of these programs required recipients to reapply for benefits on a yearly basis. At such time, disqualified “aliens” would simply be denied their benefit based on the parameters of this welfare reform bill.

Just what were the primary welfare programs this bill was concerned with? They were food stamps, Medicaid, and Social Security temporary assistance for the needy (SSI). The exempt programs, such as school lunch programs, were considered benefits that were “means” based. In order to qualify, not only was the immigrant’s income to be considered, but also the income of the immigrant’s sponsor. This was also required for an immigrant who attempted to qualify for State funded, rather than federally funded, benefits. If it was found that an immigrant had received a Federal or State benefit they would have actually been disqualified from receiving because of a sponsor’s financial means, the Federal and State government can now demand reimbursement from the sponsor.

The overall goal of this welfare reform was to move recipients from a welfare lifestyle to a working lifestyle over a five year period and permanently keep them self-sufficient. It also sought to remove from recipient status those who were on the dole and shouldn’t be, one such category being the immigrant. Was this goal achieved? Was this goal good for America? In 1994 the U.S. welfare system logged 14.4 million caseloads. Five years later, these caseloads had dropped to 5.3 million. The gringa thinks it’s safe to say, “Mission accomplished! Way to go President Bill Clinton! Umm, maybe.”

Why maybe? You see, many of these families were not actually completely self-sufficient. They simply moved from government generated income to the status of low-income. Single mothers especially were affected by this, becoming even poorer than when they were receiving benefits. As these families lost their Medicaid benefit by entering the workforce, they were often faced with employers who did not offer affordable health benefits. A worker supporting three people would not qualify for Medicaid if they earned more than $11,920 (for a family of three) annually. Now, the gringa would like to know who in their right minds thinks a family can afford health insurance and medical bills for three people if they make less than, say, about $70,000? Washington D.C. was way off base deciding this number was the qualifying poverty line.

Families that were accustomed to a housing benefit that kept their rent very low, were suddenly faced with paying full market rate for the roof over their head. That could mean, for a family that was earning $11,920.01, a penny above the qualifying poverty line, their rent could go from $200 to $700. You tell the gringa if you honestly think these poor, working class people could afford such a thing? Many could not. Remember, they also still had to pay their electricity bill. Sheesh. What was Congress thinking? The problem was not in the legislation itself. The problem was with what Congress thought the economic threshold of “poverty” should be. This presented the nation with a demographic that still was in dire need of public assistance.

So, although welfare was definitely reformed and got a lot of people off the government dole, a whole other problem was created. More families and disabled people simply became impoverished. Many of these people worked but did not earn a living wage. So, for the many anti-immigrant xenophobes out there who thought it was the immigrants who poured across the border and stole American jobs, the gringa will tell you to look at the numbers. From 1996 until 2001 it was not the immigrants filling these low paying positions. It was former welfare recipients, about 9 million to be exact.

So, if you want to measure success by the caseload numbers, yeah, Clinton achieved his goal. However, if you want to measure success by comparing quality of life before and after, it’s a different story altogether. Consider that most of these transitioned welfare recipients could not work full-time or year round, especially single moms. Many earned minimum wage or just a bit more. Either way, it was not enough to provide a decent standard of living for their families. Once you consider achieving a decent standard of living to be the measure for success, you can see the Clinton administration failed miserably. Although welfare enrollment declined, the numbers of the poverty class increased dramatically.

Consider that the poverty line as established by the government was $11,920 for a family of three. Consider the working single mom that may be making about $8 per hour and working only when her kids are in school because she can’t afford child care. Working eight hours daily, five days weekly, ten months annually (two months off for her kids school summer break), with no days off, she then brings home, on average, $12,000 annually. So, she makes too much to be considered in “poverty” in order to qualify for government benefits, but, you tell me, does she make anywhere near the $30,000 needed to afford the basic necessities for an adult and two children in 1996?

Out of 126 New York City “welfare to work” cases, the average person was earning $7.50 hourly and 58% were supporting their families with their work income. The gringa asks, “How in the hell did they manage?” Nationwide studies reported that most welfare recipients that entered the workplace earned well below poverty level. This was actually good news because they would qualify for means- based Federal and State benefit programs. However, there were plenty more that earned over the poverty level but nowhere near the $30,000 threshold that was the bare minimum for a small family’s basic necessities. Thus, this legislation created a large poverty class in America.

When you check the specific budget cuts, it is easy to see that most of the people affected were immigrants, elderly, disabled and single mothers. These are the nation’s most vulnerable classes of people. What this legislation meant is that poor people who were dependent on government programs to feed and house them and provide medical care actually became poorer, and possibly un-housed, underfed and without health care (unless they showed up at a hospital emergency room; which is exactly what happened, starting a new trend of packed ER’s, but that is fodder for another gringa story).

Social workers who are the ground zero, in the trenches workers and see the direct effect of these programs, criticized this reform. They claimed that by replacing the Aid to Families with Dependent Children program with the Temporary Assistance for Needy Families program, even if a family met all eligibility requirements, there was no assurance that children or parents would receive assistance. This was because oversight of the block grants was performed by individual states. States had their own requirements for eligibility. This meant that some states could deny aid to families with teenage parents or to families where both parents were present in the home, even if they met every Federal qualifier and regardless of their income level, if they had any income at all. Also, once the grant money ran out, states would place applicants on a waiting list for the next Federal funding period.

The U.S. Commission on Civil Rights had its own criticisms of the reform. They considered that within the welfare system was institutional racism and discrimination. They felt the legislation did not take into consideration the gender gap in wages. Rather than help women on welfare gain meaningful employment, the nation simply cracked down on eligibility requirements.  The government focus was on “work first” without doing anything to level the workforce playing field.

Many welfare recipients whose job and below poverty line wages qualified them for benefits would tolerate discriminatory practices in the workplace out of fear of dismissal and loss of benefits if they filed a complaint. Many immigrants were discriminated against with regard to case management and receiving benefits they qualified for because of language barriers.

To remedy these discriminatory practices, the USCCR recommended that Federal funds should be allocated for enforcement of civil rights among recipients, investigations of allegations of violations and to train caseworkers in how to better adhere to civil rights statutes. They further recommended better data collection on the people registering to qualify for benefits as well as the recipients and that all welfare agencies be subjected to audits with regard to civil rights grievances and compliance. The gringa understands this need but can’t help but think, “Dear God. It cost money to save money simply because some people can’t treat other people right.”

Specifically where immigrants were concerned, the USCCR was concerned with the law prohibiting immigrants from receiving any aid until they had been in the country for at least five years. The living conditions of many of these poor families continued to just get worse. Although, among some groups of people, the immigrant was a favorite target to accuse of entering the country just to live off the backs of taxpayers, this was actually a myth. Prior to 1996, statistics show that immigrant families were greatly outnumbered by citizen families in receiving benefits. This is because most immigrants come to the United States looking for jobs and opportunity, not handouts. As for immigrants that did qualify for aid, many would not accept it for fear of retribution.

The USCCR’s final recommendation regarding immigrants and the 1996 welfare reform was to immediately restore full benefits to immigrants regardless of when they entered the country and regardless of the financial resources of their sponsors. They further recommended that undocumented immigrants, for humanitarian reasons, should at least have access to health care, education and food stamps. To protect their civil rights, it was recommended that language assistance be provided for them throughout every step of the public assistance process.

Although these families may still struggle to feed, house and clothe their families, all is not doom and gloom. As mothers moved into the workforce, many children left in-home care and entered organized formal care. Studies resulted in surprising findings. Many of these children benefited from these environments with increased cognitive development, learning gains, and school readiness. These studies further suggested that the adolescents of these families were more likely to become employed later on when compared to adolescents in welfare dependent homes.

Now that the nuts and bolts of the legislation as well as its aftermath has been covered, the gringa asks, “Who REALLY benefited from this legislation?” The answer? Well, number one, the politician who was pandering to: a. voters with money and influence; and, b. corporations who contributed lots of money to campaigns. How so? Well, think about it. When the labor market is flooded with people looking for jobs, guess what, wages stay low! And that’s EXACTLY what happened, So, this piece of “social” reform was really a cheap labor package for the benefit of big corporations. Remember the economy boom during the Clinton years? Yeah, well, those growing businesses needed workers, and they wanted them as cheap as they could get ’em.

The reality is, if the government wants people to be self-sufficient, they must simply accept the fact that now, as in 1996, wages are too low for many families to escape poverty whether they work forty hours a week or even 60 hours a week. The gringa believes so much more could have been accomplished by simply raising minimum wage standards across the board to a living income level. Anyone who works forty hours weekly should make enough money to keep a roof over their head, feed and clothe themselves and afford healthcare.

For critics who argue that minimum wage jobs are simply entry level jobs for people to use temporarily and then move on to a better paying career level job, the gringa has got news for you. Welcome to the “New America” where 61% of young Americans have a college education, 44% of those college educated people are stuck in low income level jobs earning less than $25,000 annually and half of those have student debt of around $30,000 a year. Raising the minimum wage to a living standard level will not make these people rich, it will make them self-sufficient. Self-sufficiency was, after all, the true goal of this legislation. So, critics, the gringa says, “Quit pointing the finger and start lifting a hand to help these hard working Americans become self-sufficient. Join the cause to raise the minimum wage to $15 per hour.”

Sources:

http://www.forbes.com/sites/ashleystahl/2015/05/11/the-5-4-unemployment-rate-means-nothing-for-millennials/

https://www.whitehouse.gov/sites/default/files/docs/millennials_report.pdf

http://www.gpo.gov/fdsys/pkg/BILLS-104hr3734enr/pdf/BILLS-104hr3734enr.pdf

http://www.encyclopedia.com/topic/Personal_Responsibility_and_Work_Opportunity_Reconciliation_Act_of_1996.aspx

http://www.sourcewatch.org/index.php/1996_Personal_Responsibility_and_Work_Opportunity_Reconciliation_Act

http://www.epi.org/publication/webfeatures_viewpoints_tanf_testimony/

https://www.socialworkers.org/advocacy/welfare/legislation/summary.pdf

http://www.usccr.gov/pubs/prwora/welfare.htm

https://www.facebook.com/Fightfor15?fref=photo

Photo credit: www.slideshare.net

1990 Immigration and Nationality Act – It’s The Lottery, Baby!


Let’s play the lottery and see who gets to enter the country! Yes, the 1990 Immigration and Nationality Act introduced a lottery program. But, don’t be fooled. Lottery is just a fun way of saying “quota”. Quota was a bad word in the history of United States immigration policies. I guess legislators thought this was a pretty slick maneuver.

November 29, 1990, President George Bush, Sr., spoke to the nation and made these points about the bill he signed into law:

  • He respected immigrants: “… the fundamental importance and historic contributions of immigrants to our country…”
  • He appreciated the need for family unity: “… our tradition of family reunification… support for the family as the essential unit of society…”
  • He acknowledged the economic benefit of the immigrant, “… immigration of skilled individuals to meet our economic needs… cultivation of a more competitive economy… encourage the immigration of exceptionally talented people, such as scientists, engineers, and educators… promote the initiation of new business… and the investment of foreign capital in our economy…”
  • He was honest about the “bad” element among immigrants: “… swift and effective punishment for drug-related and other violent crime… aliens who, by their violent criminal acts, forfeit their right to remain in this country… jeopardize the safety and well-being of every American resident… improves this Administration’s ability to secure the U.S. border…”

Annually, the Attorney General would review statistics that had been gathered for five years from all over the country. Nations would be designated as “High Admission” or “Low Admission”.  High admission countries had at least 50,000 immigrants that had become permanent residents. Immigrant hopefuls of these nationalities would not be permitted entry unless the “lottery” was unable to be fulfilled by immigrants from the “Low Admission” nations who received preference. The purpose of this was to achieve more ethnic diversity within the United States. The gringa supposes this seems okay on the surface. Let’s dig a little deeper and see how it all works out.

These were the regions that comprised the “High Admission” and “Low Admission” zones considered in the new visa lottery system: Africa; Asia; Europe; North America (Canada and Greenland); Oceania (the geographical area including Micronesia, Fiji, all Polynesia, New Zealand, New Guinea, Melanesia, and Australia); South America; Mexico; Central America; and the Caribbean. In order for an immigrant hopeful to get a visa, not only do they have to come from a “Low Admission” country, but they also have to have a high school diploma and two years of work experience. If an immigrant hopeful was lucky enough to get a visa, their children and spouses were included. The United States considered family unity in this immigration reform policy and the gringa is happy ‘bout dat!

To get down to the specific numbers, America would issue about triple the number of visas than it did prior to the passage of this act. Most of these visas were issued to immigrants who were sponsored by employers. Guess what was required of these employers? They had to show documentation that they were unable to fill the position with an existing American citizen worker. Now, when will all these people stop griping about immigrants coming over here and stealing American jobs? It just ain’t so! Funny how the politicians know these laws exist to protect American jobs yet when an election year comes around some will campaign on headline grabbing, voter stimulating issues that are absolute lies, such as, “We’ve got to do something about immigration! Unemployment is so high and Joe Bob can’t get a job because those damn immigrants are pouring over the border and taking jobs away from good ol’ Americans!” Liar, liar, pants on fire. There are so many jobs that an humble immigrant is grateful to get paid to do that a spoiled American will turn their nose up at. That’s why most of these visas were issued!

For the first five years of this law, maximum limits were put in place. A total of 700,000 would be allowed in annually during this first five year period. Family based immigration was preferred so 465,000 visas were set aside for this type of immigrant. 55,000 visas were designated for spouses and aliens who had spouses or parents who had been legalized in the U.S. under the amnesty plan of 1986. 140,000 visas were set aside for skilled laborers to enter. 40,000 immigrants from “adversely affected” countries were given their own special group.

An example of “adversely affected” people would be the 1,000 displaced Tibetans who entered the country in 1991. On April 30, 1990, China announced the end of martial law in Tibet’s capital. For thirteen months Tibetans had suffered under military rule, harshly silenced and oppressed from any protest against the Chinese government. Military rule had existed in Tibet for decades but China cracked down in 1989 when Tibetans started getting too big for their britches and actually wanted a little freedom and independence, particularly in the area of practicing their religion, and began protesting in public. Too bad it was only 1,000 that made their way here. The gringa wishes all of them could have made it.

Did this immigration reform achieve its goal of creating more diversity in the American population? Prior to this bill, Asia and Latin America were the source nations for the majority of immigrants entering the United States. Under the provisions of this act, the American workforce was primarily supplied with Mexican and Filipino laborers. Indians, Canadians, Chinese and Africans made up the balance. Even today the Latin and Asian immigrants are the predominant ethnicities represented in the immigrant population. So it seems the goal of diversity wasn’t achieved. The most significant change was that fewer of these immigrants were poor.

However, the ethnic fabric of American medicine, science, education and sports was enriched as the result of this immigration reform. To keep these skilled workers in the country, deportation laws were relaxed as well as many stipulations that otherwise would have excluded an immigrant hopeful for qualifying for entry. One of these stipulations, which really seems to get xenophobes all worked up, is that the requirement to speak English was passed over. It makes no difference to the gringa. The gringa likes a challenge, especially a challenging conversation.

The ultimate culmination of the aftermath of this legislation is what we have today. For those who are not threatened by cultural and language differences of other people, the gringa being one those people, we shrug and say, “Who cares. Let ‘em stay as long as they’re minding their own business, working and caring for their family and community.” For the xenophobes, this is their worst nightmare. They have to suffer the indignity of pushing the number one button on their phones to select English. It’s all just so much more damn work and inconvenience that’s been created by these non-English speaking foreigners. It seems American government was socially evolving (except during campaign years when they regressed for the sake of garnering votes). Now the work is to help these hard-headed, scaredy-cat xenophobes evolve.

Sources:

http://library.uwb.edu/guides/usimmigration/1990_immigration_and_nationality_act.html

http://www.nytimes.com/1990/05/01/world/martial-law-ends-in-tibet-s-capital.html

http://immigrationinamerica.org/592-immigration-act-of-1990.html

http://cis.org/ImmigrationHistoryOverview

http://online.sfsu.edu/mcollier/AAS_write/aas%20essays/1990act.pdf

http://www.presidency.ucsb.edu/ws/?pid=19117

Photo credit: www.tibetanreview.net

1986 Immigration Reform and Control Act, a.k.a. the Simpson-Mazzoli Act


And what was going on in the United States in 1986 besides big hair, parachute pants, the Iran-Contra debacle of the Reagan administration, and Falco, the one hit wonder with “Rock Me Amadeus”? Well, Congress was getting together with President Reagan for his signature on the new immigration reform bill called the “Simpson-Mazzoli Act”. Considering this mammoth piece of legislative effort contains over 41,000 words, the gringa will stick to the facts that resulted in significant change for the immigrant and American society.

It is interesting to note that today’s “undocumented worker” was yesterday’s “illegal alien” and also was the “unauthorized alien” of the 80’s. These immigrants who were already present in the country in 1986 could apply and gain legal status according to certain guidelines:

  • Immigrants had to provide proof of residency and employment since January 1, 1982
  • Immigrants had to have a clean criminal record (a felony and/or 3+ misdemeanors got you the reject notice)
  • Immigrants had to provide proof of registering with Selective Service
  • Immigrants had to meet a minimal level of understanding of U.S. history, government and the English language or be enrolled in these courses of study (if you were 65 years old or older they let you slide on this requirement).
  • Immigrants must apply within 18 months of the passage of the bill

The bill also contained provisions of temporary resident travel so these new temporary resident aliens could legally return to their countries of origin and visit family and return to the United States. The gringa is proud of this particular provision and the humanitarian recognition by the United States of maintaining healthy family bonds and connections. The Attorney General also had the freedom to waive certain requirements if it was in the interest of family unity. The gringa is certain that the United States is on the right track here.

Once an immigrant became a lawful temporary U.S. resident, they were disqualified from federally funded public welfare for five years. The gringa is sure this provision was included to satisfy the xenophobes who just KNEW these folks only wanted to come to America in order to freeload! However, individual State programs that had National School Lunch programs, vocational education programs, Headstart programs, and their own health services, as well as Social Security benefits individuals may qualify for, were not prohibited.

Because this immigration reform legalized many workers, the bill outlawed the practice of any employer hiring an unauthorized alien. However, enforcement of this provision was to be deferred during agricultural seasonal services. Hey, when the country’s gotta eat, we should all just look away, right? The gringa then must ask, “What’s an immigrant hopeful to think?” I mean really, come on, think this one through with some common sense. If it was common knowledge within the immigrant community the U.S. law meant that you could enter undocumented and law enforcement would simply ignore you if you happened to arrive at the right time of the year, what would you do? If you are an opportunity deprived and economically oppressed individual, you choose the cheapest, shortest and quickest way to get into the land of opportunity. You enter during the agricultural harvest season when the nation puts out the welcome mat and simply stay. You keep your head down part of the year and walk around boldly the rest of the year. The United States is in no position to criticize immigrants for taking advantage of the law of the land! The nation can’t be willing to turn a blind eye when it’s convenient for their belly then turn around and point the finger and blame the immigrant and ask them, “What the hell are you doing here?!”

Migrant agricultural workers who entered the nation seasonally were considered separate from the unauthorized aliens who met the above conditions. The migrant workers had a different visa with different qualifying guidelines. For the xenophobes who complain that immigrants come to this country and steal American jobs, consider this requirement of migrant worker guidelines: “Requires an employer H-2A visa petition to certify that: (1) there are not enough local U.S. workers for the job; and (2) similarly employed U.S. workers’ wages and working conditions will not be adversely affected.” It seems that plenty of jobs are available in the agricultural industry but Americans refuse the opportunity. So, don’t be pointing the “Stealing American Jobs” finger at the immigrant. This provision put the American first only allowing immigrants to fill the position when Americans refused. Also, fearful xenophobes, consider President Reagan’s 1977 radio broadcast statement, ““It makes one wonder about the illegal alien fuss. Are great numbers of our unemployed really victims of the illegal alien invasion or are those illegal tourists actually doing work our own people won’t do?” Way back then even the Gipper got it! Anti-immigration folks are recycling the same old arguments and, time after time, they are proven wrong.

One interesting stipulation regarding discrimination has the gringa scratching her head and tsk-tsking. The bill says it would be considered “unfair” for an employer to discriminate against an individual in hiring practices based on origin or citizenship. However, it would be considered NOT “unfair” if an employer preferred to hire a U.S. citizen or national rather than an equally qualified resident alien. The gringa asks, “Does not one of these statements negate the other?” Geniuses and Washington, the two do not go hand in hand. The gringa says, “Just one more law in favor of American laborers and protecting their right to work over the immigrant to use in an argument to shut up and shut down the anti-immigrant xenophobe crowd.” Mmph, take that!

For migrant workers, though, there was still an option to obtain residency status. During the 18 month registration period established by this bill, if they worked 90 days within one year in the agricultural industry they qualified for temporary residency and could travel between the U.S. and their country of origin. During the first five years of their new status, migrant workers are considered “eligible legalized aliens” and do have access to Federal assistance as well as state assistance for the first five years of their new status. Migrant workers were also entitled to legal assistance.

Cuban and Haitian entrants were granted permanent resident status if they arrived before January 1, 1982. This was because many of these immigrants were political refugees.

Considering the disaster of American children whose native mother was not married to an American G.I. and was left behind in Indochina in the aftermath of the Vietnam War and Cambodia conflict, the gringa is pleased to find that the U.S. was more socially evolved in 1986. Children qualified for status, benefits and privileges if even one parent obtains resident status, regardless of the marital position of the child’s parents.

All in all, close to 3 million immigrants were legalized. This is a significant chapter in American immigration history. However, according to the numbers, about 2 million unauthorized aliens were left running around America without proper “authorization”. Some of these didn’t qualify, so, everyone just assumed they would eventually get deported. Others would have qualified but didn’t know a thing about the program. No one really had a back up plan for this eventuality. The gringa is not surprised. I’m sure Reagan and Congress thought, “We’ve done enough. That headache can be for the next administration.” Yes, U.S. government, how the wheels turn.

Critics of this legislation called it “amnesty”.  The real definition of amnesty is “an official pardon for people who have been convicted of political offenses”. The gringa’s not sure that the term “amnesty” applies. Perhaps a better term for a path to citizenship would be “the right thing” or, maybe, “the smart thing” or, “humanity at its best”. Regardless of what you call it, there were plenty of critics then and now who considered it a big, fat failure because illegal immigrants poured into the country after its passage. The fantasy was, the gringa supposes, that politicians thought after the passage of this bill, somehow, by some miracle, there would never be another unauthorized alien that would enter the country. The gringa can only guess that perhaps they thought the immigrants that were here were the only ones that would ever want to be here and no other immigrants would arrive in the future. What a bunch of dummies.

The gringa thinks they should have expected immigrant hopefuls around the world to jump up and take notice and point their finger toward America, wide-eyed as they exclaimed, “DID YOU SEE THAT! THAT COULD BE ME!” And off they go, running as fast as their little foreign feet can carry them to the Home of the Free and the Land of the Brave. With a path to citizenship laid out and easy to qualify for, of course hopefuls would hotfoot it across the border if given the chance.

The gringa thinks the problem was not with the legislation. The gringa thinks the problem was with the lack of preparedness. It should have been, sign the bill then yell, “Katie, bar the door!” They should have seen it coming! Big sillies! They needed to have a stronger presence on the border. Why didn’t they? Money, of course. Even though there was a provision to beef up border security by 50%, it seems they still didn’t spend enough money! Or, quite possibly, as often happens in bureaucracies, the money was mismanaged. All you xenophobes who are crying about border security, well, its gonna cost you. Are you willing to pay? That means taxes to fund it. Take a look at your paycheck stub. Are you still willing to pay?

Another reason illegals continued to flood into the country is because the framers just weren’t good planners. The bill was not a failure as critics claim when they point to the fact that illegal immigration was never eradicated, but actually increased. It’s because the bill didn’t go far enough. It never occurred to the framers of the legislation that the country might just continue to grow and need more laborers. Just like any good capitalist free market system ruled by supply and demand, the U.S. labor market demanded laborers and the nation’s southern neighbors were only too happy to supply them. And that is the very reason we need immigration reform now. Most of these people are here to work and raise their families and educate themselves and their children. They need to be able to come out of the shadows and live with security as proud American citizens.

For today’s critics of amnesty who treat it like it’s a dirty word, listen to the words of a wise humanitarian: “I believe in the idea of amnesty for those who have put down roots and lived here, even though sometime back they may have entered illegally,” Ronald Reagan, in a 1984 televised debate with Walter Mondale. Former Wyoming Sen. Alan K. Simpson’s opinion on amnesty? “Anybody who’s here illegally is going to be abused in some way, either financially [or] physically. They have no rights.” How do today’s Republicans feel about Obama’s efforts to bring about meaningful immigration reform? Well, just listen to what Mitch McConnell had to say: “…take amnesty off the table…”

So, then, what really happens with the issue of immigration reform? Politicians stick to their tried-and-true methods of old. When their voter base is raising hell, but the politician is too afraid to tackle the realities of legislation that affects the lives of millions of people, they worry more about getting re-elected. They don’t really care about the plight of an oppressed, unrepresented class of people who are not registered to vote. It is safer for the politician to stir up constituents with anger toward the immigrant so the voters won’t ask for immigration reform, but, rather, just scream for mass deportation. But, the politician doesn’t want to do that either. I mean, think about it. If cowardly politicians actually started deporting people, deportees may have loved ones in the community that DO vote. Politicians don’t want to risk losing that potential vote. If the politician treads the murky waters of immigration reform with legalization in mind, he alienates xenophobes, racists and labor unions from his voter base. If he goes hard line on immigration reform, he risks alienating the voters of ethnic groups who see members of their own national origin being rounded up and oppressed. What’s a vote-hungry, cowardly politician to do? He continues to stir up fear, because fear mongering directs everyone to the subject of border control. It’s much safer for the politician to support funding of border security than deal with millions of human beings. So, basically, the United States never sees meaningful immigration reform because the politicians are cowards.

The gringa remains hopeful that in Obama’s lame duck years he will deliver on immigration reform because he doesn’t give a hoot about pandering for a vote. He is in the strongest position to do the right thing. He has managed to deliver on some other controversial, hot button issues. The gringa still has faith and sits on the edge of her seat to see what happens. In closing, the gringa defers to the wise words of President Reagan who remained a friend to the immigrant to the very day he left office in 1989 when he said this: “I’ve spoken of a shining city all my political life but I don’t know if I ever quite communicated what I saw when I said it. But in my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and heart to get here.”

Sources:

http://library.uwb.edu/guides/usimmigration/1986_immigration_reform_and_control_act.html

http://thomas.loc.gov/cgi-bin/bdquery/z?d099:SN01200:@@@L&summ2=m&% 7CTOM:/bss/d099query.html

http://www.washingtonpost.com/blogs/wonkblog/wp/2013/01/30/in-1986-congress-tried-to-solve-immigration-why-didnt-it-work/

http://asu.news21.com/archive/2009/the_first_immigration_amnesty/

http://abcnews.go.com/ABC_Univision/Politics/1986-amnesty/story?id=18971179

http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html

http://www.npr.org/templates/story/story.php?storyId=128303672

Photo credit:  www.fusion.net

1952 Immigration and Nationality Act – The Big Red Flush


June 27, 1952 United States immigration policies changed, and not for the better. Commonly called the McCarran-Walter Act, the bill sought to exclude immigrants that were criminals, immoral,diseased, or political radicals, particularly communists. Anyone who had any association with communism could just forget about entry. The ban on all Asians was lifted, except for the Japanese.  Because of World War II, the Japanese were “out”, and the Chinese, the “good Asians”, were “in”. This was their reward for being such great allies in the war with Japan. Quotas would still exist, rigidly controlling entry according to ethnicity by nation of origin. However, if you were a good candidate for assimilation into the nation’s economy, society and political system, and, more importantly, white, odds were you’d get in. This was all done in the name of national security.

Because of the Soviet Union’s success at spreading the practice of Communism throughout China and Korea during the war, Senator Pat McCarran of Nevada, co-author of the bill, and his congressional cronies considered communism to be the biggest threat to post-war America. Now, instead of being discriminated against because of race, a new form of discrimination based on ideology emerged. Anti-communism was the underlying tone throughout the legislation.

Prior to this bill, McCarran had been the driving force behind the McCarran Internal Security Act of 1950. This law required persons who were members of the American Communist Party to register with the Attorney General. The gringa is pretty certain this was not so they could be on the Attorney General’s Christmas card list. No, Big Brother was watching. Eventually, many of these folks would be rounded up as subversives and incarcerated under the authorization of Title II of that bill and its “loyalty clearance programs.” Under the umbrella of this bill’s authority, McCarran investigated Roosevelt and Truman’s administrations in efforts to flush out any communist infiltrators. The gringa thinks it’s safe to say that McCarren was most likely a passionate, commie hater.

It would also seem that McCarran did not harbor many warm sentiments toward Asians either. Journalist Phil Tajitsu Nash would look back at this legislation and conclude that it was “explicit racial discrimination against Asian immigration…” I mean, after all, annually it only allowed into the country 2,000 Asians indigenous to the area known as the “Asia-Pacific Triangle”. Countries within the “triangle” were allowed only 100 immigrants toward the quota. Also, even if a Chinese person was born in Europe, that person still counted toward the Asian quota.

Some immigrants enjoyed privileges where entry into the nation was concerned. If an immigrant already had a family member in the country, that person experienced preferential treatment in gaining entry to the nation. Such immigrants also did not count toward that ethnicity’s quota. And, if someone was from the Western Hemisphere it was practically guaranteed that person could enter the United States.

McCarran was not ashamed at all about his racist ideology. He introduced a quota system that practiced flagrant, open, ethnic bias. If you were British, Irish, or German, in other words, white, you got the preferred slot in the 70% of the immigrant quota set aside for these races. Now, if you were a skilled laborer, no matter what color your skin was, you had a pretty good chance of getting into the country. McCarran still liked the idea of importing labor that could be oppressed with no political representation as a non-citizen.

McCarran also seemed to have a great appreciation for the term “subversive”. That was a very present theme throughout the 1952 bill he co-authored. The immigration law of the land now could incarcerate a person, bar them from entry or deport them solely on ideological grounds. A person didn’t even have to do anything. They simply had to think about it or talk about it or write about. That means a person could be considered a criminal even if they were exercising their First Amendment right and talking in glowing terms about communism. Hell, the gringa would probably be considered a “subversive” and thrown in the slammer for writing something like this. My Caveman thinks it could still happen and tells me not to expect him on visiting day for getting myself in trouble with my big mouth.

The first time around, President Truman stamped the bill with a big fat veto. Remember, he viewed immigration policy from a more humanitarian point of view. He did not feel threatened by ethnic diversity. He recognized the discriminatory nature of the bill. At the time of Truman’s veto, he said, “The basic error of this bill is that it moves in the direction of suppressing opinion and belief… that would make a mockery of the Bill of Rights and of our claims to stand for freedom in the world.”

Truman rejected the bill on the grounds that it created a second-class status among citizens based on whether an American was born here or was naturalized.  Truman was so dissatisfied with the spirit of the legislation, he commissioned an investigation of the political implications of these immigration policy changes. The Presidential Commission on Immigration and Naturalization (PCIN) advised relaxing the policies of the Act. McCarran reacted to this by accusing the commission members of, wait for it, wait for it…. Yes, he accused them of being Communist sympathizers. Mmm Hmmm. Anger somebody and get an accusing finger pointed your way, labeling you a “subversive” or a “communist”. Your enemies would get their revenge by accusing you of being a Red. McCarran’s paranoia about Communism is reflected in his statement that if immigration controls were relaxed “in the course of a generation or so, [it would] tend to change the ethnic and cultural composition of this nation.” In other words, he was afraid the nation would become less white.

Despite Truman’s strong objections and veto, Congress had enough votes to support it anyway and it became the new immigration law of the land. Thus the era was ushered in of Communist hysteria which will always be remembered by rejection of immigrant hopefuls such as Colombian novelist and Nobel laureate, Gabriel Garcia Marquez. Other Nobel laureates that were barred were British author Doris Lessing and Chilean poet Pablo Neruda. They were considered “undesirable aliens” because their ideology was unacceptable. In other words, they didn’t think they way Congress wanted them to think.

This Communist hysteria would culminate in the infamous trials and 1953 executions of the Rosenbergs. So, in 1952, not only was racism alive and well in the United States, but open, state-sanctioned intolerance of a specific ideology becomes the new social trend.

Sources:

http://library.uwb.edu/guides/usimmigration/1952_immigration_and_nationality_act.html

http://icirr.org/sites/default/files/IPC%20McCarran-Walter.pdf

http://immigrationinamerica.org/593-immigration-and-nationality-act-of-1952.html

Photo credit: www.foundsf.org

1943 Bracero Appropriations – Immigrant Exploitation, Again, And Again, And Again…


How many times had the United States implemented immigration policies for the purpose of importing cheap labor and things turned out badly because capitalist utopian ideology did not consider the human and civil rights factor?

  • 1798, new residency guidelines create a system where typical natural life span expires before citizenship requirements can be fulfilled; a dirty trick to continue to entice loads of hopeful immigrants to arrive only to be exploited as a working class with no political representation for the rest of their lives
  • 1882 the U.S. evicted Chinese laborers who had been exploited immigrants for decades as a cheap labor class during the California Gold Rush and railroad construction days
  • 1882, hot on the heels of kicking out the Chinese, the U.S. wanted to bar the door to prevent entry to those damn Irish Catholics and troublesome Germans, among other ethnic groups, who were coming over here and stealing all the jobs as well as creating Socialist rabble-rousers out of the working class. The masses of citizens were screaming for higher wages so it was politically expedient to blame the immigrant, wasn’t it?
  • 1888, the Scott Act once again has the U.S. snubbing its nose at the Chinese, kicking out even the diplomats, travelers who were just passing through, and wealthy elites who had previously been acceptable; once again legislators needed to manage the masses for the stability and economic growth of the nation
  • 1907, The Gentlemen’s Agreement, for the purpose of importing cheap Japanese labor, would also eventually go south, just like the same idea ended disastrously every single time the United States made immigration policies based on greed rather than moral racial equality
  • 1924, and here comes the final slap in the face for the Japanese, labor exploitation with no hope of representation due to the naturalization ban. Does anyone wonder, then, about the reasons behind Pearl Harbor? A national grudge was nursed for almost twenty-years before they slapped the U.S. right back.
  • 1943, after getting slapped back by the Japanese, the US goes crawling to the Chinese out of fear they would become allies with Japan. I can hear it now, “Um, please Chinese people, I know the U.S. treated you worse than a pack of ol’ junkyard dogs. We probably even fed our dogs better than we were willing to pay you guys, but, hey, we’re real sorry. We could really use your help over here and, we’ll make it worth your while. Whaddya say?” And, China returned to the fold like a junkyard dog that gets kicked and smacked but still faithfully sits at the feet of its abuser, or like the battered who bail their abusers out of jail and welcome them home. I say to the government of China in 1943, “WHAT WERE YOU THINKING?” If a country exploited and oppressed this gringa then insulted me and kicked me out I WOULD NEVER GO BACK, FOR NO AMOUNT OF MONEY IN THE WORLD! But, I digress. My real question is, if Japan nursed a grudge for twenty years and then delivered a major smack-down such as the United States had not known up until that time, could China still be nursing a grudge and gauging conditions for the perfect moment to eventually give America the come-uppance it deserves for national insults dished out for decades? The gringa says, “Watch your back! It’s happened before. And that’s why treating people with loyalty and respect is a wise policy. You tend to get it in return.”

And that brings us to April 26, 1943 when the nation formalized an agreement that had developed between Mexico and the U.S. through a series of notes between Joseph F. McGurk, Counsel of the American Embassy in Mexico, and Ernesto Hidalgo, of Mexico’s Ministry for Foreign Affairs. With the assistance of Mexico’s Ministry of Labor, the United States’ Farm Security Administration, the U.S. Department of Agriculture, and War Farming Operations within the USDA, the Bracero Agreement opened the gates not only for immigrants from Mexico, but also for all of Central and South America.

The Bracero Agreement outlined what was mandated or what was prohibited in order for these immigrants to enter the nation temporarily and serve as migrant farm labor. These immigrants could not be engaged in military service. They would be entitled to round trip transportation and housing paid for, and provided by, the USDA and participating farms. Braceros were entitled to equal pay. If Braceros were accompanied by children under the age of fourteen, these children were entitled to equal education opportunities just like the children of U.S. citizens. The Mexican government, Mexican Labor Inspectors, and Mexican Consuls had the right to inspect the working conditions of Braseros. Burial service was also included in the act, provided and paid for by the USDA. The gringa wonders if this was indicative of the thought that, just perhaps, these immigrants may be exploited and worked to death. Hmmm, just sayin’, it is curious, isn’t it?

You see, because Mexico was much too docile in this round of negotiation, this program ended up being no better than America’s previous episodes of importing cheap labor. For one thing, farmers didn’t like the government intruding in order to monitor working conditions and wages. The farmers preferred to do things their own way, which usually meant hiring undocumented workers and paying them drastically lower wages. But, with most of the American population diverted to war industry jobs, and all the Japanese detained in internment camps, a labor shortage was created in the lower paying agricultural field. Despite the dissatisfaction of farmers, Roosevelt went ahead with the plan because it was critical to stabilize food sources for the nation, especially during wartime. The nation needed to fill the gap, so the nation decided it would exploit the Mexicans and their southern neighbors.

Roosevelt even whipped out Executive Order No. 8802, written June 25, 1941, to assure civil rights protection of the Braceros. The dear reader jumps for joy and says, “Aha! Aha! Civil rights! Well, well, well, social progress!” The gringa is sorry to disappoint. Don’t get all hopeful that this was proof of Roosevelt having a racial equality agenda in mind. This was more about the success of wartime defense production than civil rights. It was the President wagging his finger at any American who might get some high-and-mighty white supremacist attitude toward the Braceros, or any other people of color, during the critical time of war efforts and production. It was as if Roosevelt was telling these Americans, “Look, behave yourselves! We need this imported cheap labor to win the war!” The Executive Order states “…as a prerequisite to the successful conduct of our national defense production effort, I do hereby reaffirm the policy of the United States that there shall be no discrimination in the employment of workers in defense industries or government because of race, creed, color, or national origin…” Now, in case you didn’t notice, the gringa will point something out to you. It specified “no discrimination” in defense industry and government sector jobs. If you owned the local café and wanted to discriminate, well, by all means please do. Get it? Yes, you must have a very critical eye as you peruse these tricky documents. So, as for Roosevelt, a non-racist he was not, a cunning leader to war time victory, he was.

Now, the term “bracero” is from the Spanish root, “brazo”, which, in English, means “arm”. Yes, I suppose there will be lots of Spanish-speaking immigrant “arms” being employed as a result of this international agreement. I suppose this concession to try to appear more open-minded by using Spanish terminology was supposed to put at ease the nation’s southern neighbors, distracting them from memories of the prior decades of exploitation. I tell ya, the gringa just wants to pull her hair out! How many times will people from other countries fall for this dirty trick America plays? It’s like breaking up with a terrible boyfriend, then, six months later he comes slinking back and the gal thinks, “Oh, I miss him, “ and gets all wobbly in the knees. The next thing ya know they both have black eyes and the girl is saying to herself, “What the hell was I thinking?” When the U.S. starts squirming with the need to import cheap labor, other countries, listen up! The gringa’s gonna give you some advice! Let ‘em squirm til they wet their pants and THEN you’ll be in a position of power to negotiate the best terms possible. Quit selling out your populace for a quick infusion of cash into your anemic economy! Just stop it!

Despite the provisions to prevent discrimination, such things were enforced half-heartedly, if at all. U.S. federal government oversight was minimal and Mexican government oversight was practically non-existent. People wonder, “Why?” The gringa wonders, “Why do you ask?” I mean, hasn’t it become clear that U.S. immigration policies are always motivated by capitalism or national security? It was in the interest of neither motivator to invest time and money to see that these non-citizens were treated right. America’s only interest was how quickly they could fill a bushel basket. Earning an average of about a buck a day, it is easy to see that the Bracero average income was about one sixth the national average that annually ranged between $1800-$2000. Equal wages? Are you kidding me?

And if low wages weren’t bad enough, their own country robbed them of their future retirement because Mexico had its own interests to serve off the backs of these hapless laborers. The act had a provision that 10% of wages would be deposited into a fund managed by Mexico. It was a plan similar to American wage withholding for Social Security. This compensation was never paid back out to Braseros who found themselves poverty ridden and abandoned by both governments when they reached old age. Is it just the gringa, or do my dear readers also have a problem with the United States exploiting a class of people necessary to help the nation win a war, and, in the end, the nation has no sense of loyalty and gratitude for such efforts and let’s these old folks waste away, disrespected and forgotten. America, these people you robbed and turned your back on played a critical role in keeping your people and military fed during the Second World War. Without them the U.S. would have starved and probably be speaking German by now. Good God, how do you say “betrayal” in German? Shame on the United States. Shame on Mexico.

Because of cultural differences, particularly the language barrier, these migrant workers experienced discrimination on the same scale as former slaves. Braseros often saw signs at businesses that read “no Mexicans” right alongside “no Blacks”. Restaurants would serve them in the kitchen, right alongside the nation’s other second-class citizens. The children of Braceros suffered discriminatory practices as their right to education was exercised and they entered U.S. public schools challenged by a language barrier. Los Angeles County responded to this challenge by forming language workshops for teachers to assist Spanish speaking students in their adjustment to English speaking classrooms. Despite good intentions, however, it fell far short of providing the bi-lingual education these students needed. This resulted in generations of Brasero children receiving little, or no education at all despite the fact it was their legal right, and, the gringa believes, the moral duty of a host nation who was exploiting the student’s parent(s) for wartime production in the name of national security. Shame on the United States and shame on Mexico for allowing sub-standard education conditions to continue and never compensate or correct this injustice to innocent children.

At this time in America’s history, lip service was the only attention civil rights issues received. The façade of America as a humanitarian nation protecting civil rights and promoting a culture of equality among all ethnicities was a sham. Supply and demand was what really mattered in a wartime nation that was rationing food and gasoline. Although I’m sure the Mexican Government was aware of this, I don’t believe that this was the bill of goods that was sold to the Braceros, bless their little hearts.

Sources:

http://www.farmworkers.org/bpaccord.html

http://www.ourdocuments.gov/doc.php?doc=72&page=transcript

http://library.uwb.edu/guides/usimmigration/1943_bracero_appropriations.html

http://www.ccrh.org/comm/moses/primary/bracero.html

http://www1.american.edu/ted/bracero.htm

http://www.ushistory.org/us/51e.asp

http://www.theseamericans.com/civil-rights/california-collection-civil-rights-speeches-social-conditions-of-mexican-american-youth-1943/

Photo credit:  www.oregonhistoryproject.org

1943 Magnuson Act: Blueprint For Equality


December 17, the 1943 Magnusun Act was signed into law by President Roosevelt. The Chinese could once again immigrate into the United States and, even more amazing, be eligible for citizenship. Could it be that the United States was beginning to evolve socially and become less racist? Could it be that the United States had learned its lesson about insulting other nations after the disastrous and deadly outcome of spurning Japan for years?

It seems that key people banded together and put pressure on legislators, specifically, the “Citizens Committee to Repeal Chinese Exclusion and Place Immigration On a Quota Basis”. Quite a mouthful. Although these people may have been socially enlightened for their time, the gringa thinks they may have lacked the creative minds necessary to come up with a snazzier title for their think tank. This group of public figures formally organized May 25, 1943 with the purpose to reverse the racist legislation of 1882 that had sought to remove from white America an ethnicity that was singled out because of its racial, linguistic, religious and cultural differences.

During the 1930’s, author Pearl S. Buck’s book “The Good Earth”, a Pulitzer Prize winner, began to change public sentiment toward the Chinese as it depicted the privations suffered by the people of rural China. Where social evolution could not reach the hearts of the American people, it seems sympathy could. After suffering through the years of the Great Depression, the American people had obviously been humbled and could now overcome racial differences as they were able to relate to the sufferings of other human beings.

Time magazine also featured articles exposing Japan’s invasion of China. With American’s despising all things Japanese after Pearl Harbor, this was a prime example of just one more thing in common between the American and Chinese people that resulted in sympathetic feelings.

Politically speaking, Roosevelt’s motives most likely did not originate from the heart and soul of a man who wanted to right a racist wrong. His concern was what was in the nation’s best interest. As President, that was his job. If Roosevelt didn’t want to lose China to America’s enemy, Japan, the best thing he could do would be to perform a significant act that would pacify any doubt in the mind of China that the U.S. was their friend.

You see, at that time Japan was using United States history to make inroads with the Chinese. Japan’s cunning propaganda plan was to play up ethnic similarities between themselves and the Chinese and also remind China of the racist exploitation they experienced with the Americans and the insult of the Chinese Exclusion Act. Roosevelt’s motives were not because he was an apologetic non-racist, it was because he was a capitalist opportunist. In other words, Roosevelt was a typical American. The State Department even issued a public statement regarding the political necessity of this act: “The repeal of this act was a decision almost wholly grounded in the exigencies of World War II, as Japanese propaganda made repeated reference to Chinese exclusion from the United States in order to weaken the ties between the United States and its ally, the Republic of China”. In other words, the United States needed this critical wartime alliance with China. So, Roosevelt formed a committee to rally everyone in the nation to get on the pro-Chinese bandwagon.

Roosevelt’s committee was headed up by none other than Pearl S. Buck’s husband, James Walsh. I guess that seems fitting since she’s the one that got this party started. The committee consisted of over two hundred people who put pressure on groups larger and more powerful than themselves. These groups in turn would lobby Congress to repeal the Chinese Exclusion Act of 1882. Social and professional elites of the country used their connections to advance the cause of the Chinese immigrant. When the moral argument of racial equality failed, the argument of patriotism and winning the war persuaded the hesitant.

The passage of the Magnusun Act of 1943 repealed the Chinese Exclusion Act of 1882, allowed for Asians to become naturalized citizens, and established quotas to allow Chinese immigrants entry into the United States. The citizenship gate that had historically swung open only for free, white, men and remained closed to other ethnicities, had now become unhinged. This, however, did not mean that domestic racism had ceased. Although many in the nation may have been softening, the labor unions could only see the Chinese as potential competition among laborers and a threat to wages. Once the work had been completed to change the laws, the work began anew to change the hearts and minds of the people. This work was necessary to reverse racist opinions toward the Chinese that had been about one hundred years in the making. Until that happened, equality, although the law of the land, was, in reality, a myth.

The United States has always been designed to be a capitalist utopia with power vested in the hands of the wealthy. Historically, powerful, white men managed the masses for their own benefit as well as to strengthen the nation. Racism is a tool. If it is profitable to be racist, racist practices take place. If it is not profitable to be racist, the leaders reverse course. Racism seems to be fused with capitalist political agendas. But that doesn’t mean every American, and every American politician, thinks this way. The writer of the bill, Senator Warren G. Magnusun, spent the rest of his congressional career working to improve relations between Americans and the Chinese. Men and women like Magnusun are just the kind of socially evolved legislators the United States needs to grow into a nation that practices true equality.

In 1943 it only took seven months for the power of just one small group of wealthy, socially influential people to sway public opinion and effect significant legislative change. Why, then, have the social elites of today not succeeded in the same for the many non-white groups in the United States who experience racism on an oppressive level? I guess ethnic groups need to find a way for their cause to be either profitable or in the best interest of national security. That’s how it worked for the Chinese.

Sources:

http://library.uwb.edu/guides/usimmigration/1943_magnuson_act.html

http://immigration.procon.org/view.answers.php?questionID=000766

http://immigrationinamerica.org/431-citizens-committee-to-repeal-chinese-exclusion.html

http://immigrationinamerica.org/591-immigration-act-of-1943.html

http://www.historylink.org/index.cfm?DisplayPage=output.cfm&file_id=8993

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