On the Morality of Immigration, By Andrew Leonard (Slate)

Some statistics on population density:

Germany -- 600 per square mile
United Kingdom -- 600 per square mile
Japan -- 830 per square mile
Netherlands -- 1200 per square mile
Bangladesh -- 2600 per square mile
The United States -- 80 per square mile.

Based on these figures, Mathias Risse, a professor of public policy and philosophy at Harvard's Kennedy School of Government, concludes in "On the Morality of Immigration," published in the March issue of Ethics & International Affairs, that "the United States is severely underusing its chunk of three-dimensional, commonly owned space." From which it follows, argues Risse, that it is unfair for the U.S. to restrict immigration, legal or illegal, across its borders.

This is a perspective one is unlikely to hear espoused by presidential candidates in the U.S., no matter how liberal their views on immigration are. For one thing, it requires that one think about the world as if it was collectively owned by all of humanity, rather than divided into nasty little nation-states dedicated to protecting their most cherished NIMBY values with armed forces, fences and elaborate visa regulations. It is hopelessly utopian to imagine that national politicians would ever make decisions on topics as explosive as immigration policy on the basis of what would be best for the world.

But even as one shakes one's head at the uber-ivory-tower-ness of it all, one can still admire the sheer courage of such a stance. Risse argues that "as long as a country underuses its resources and refuses to permit more immigration in response, illegal immigration cannot be morally condemned."

Indeed, he turns the whole concept of fairness, as it is normally applied to the question of illegal immigration, completely on its head.

To speak of the United States specifically, one might also argue that the opposition to illegal immigration is based on commonly accepted notions of fairness -- including the notion of due process -- which loom large in the American psyche. For example, searches on Google using the keywords "wrong," "illegal," and "immigration" delivered a number of American Web sites on which the unfairness of illegal immigration was emphasized. Illegal immigration makes a mockery of those who abide by the rules, so this argument goes. To pardon illegal immigrants would be unfair because it lets them get away with their offense on the basis that they have succeeded thus far. This standpoint, however, presupposes that immigration is indeed a matter for the respective country alone to sort out, and that the "insiders" are entitled to determine how many and exactly who enters their country. But the argument offered here implies that this is not so. If would-be immigrants are being illegitimately excluded, one cannot complain that they are violating due process if they come anyway.

I'm going to amuse myself right now by imagining the sight of Lou Dobbs' head exploding after reading that last paragraph. Of course, the right to decide "how many and exactly who" enters their country is one of the foundational benefits of having a nation-state in the first place. Maybe someday this will no longer be so. Maybe the challenges of climate change and the constraints of finding enough food and water and clean air for nine billion people will force the world to deal with all its problems in a fashion that puts collective welfare above the interests of any isolated community. But we've got a ways to go before we get there. And is that John Lennon on the piano I hear in the distance?

**Story Link

Tipping Point For Outrage, By Karin Brulliard (WP)

In Hampton Roads Area, '07 Deaths of Teens Fuel Policies on Immigrants

There have been no major flaps over day-labor sites here, or boiling controversies over immigrant boardinghouses or schools crowded with children who don't speak English.

But a group has formed to fight illegal immigration. Calls about the issue to the area's congresswoman have swelled. And Ray and Colette Tranchant want to sue the government over what they call its failure to enforce immigration laws.

The catalyst was a tragedy that roiled the Hampton Roads area and triggered stiffer local policies on illegal immigrants. In March 2007, the Tranchants' daughter Tessa, 16, and her best friend, Alison Kunhardt, 17, were killed in a car crash caused by a drunk driver who had a police record and was in the country illegally.

"What happened in Virginia Beach is they woke up Saturday morning and realized not only do illegal immigrants work in your town, live in your town, but they also kill people in your town," then-Del. John J. Welch III (R-Virginia Beach) told reporters at the time.

As national immigration politics increasingly become local and police reveal the legal status of more suspects, high-profile deaths caused by illegal immigrants are serving as powerful tipping points for community outrage. The tragedies often live on nationally as talking points for opponents of illegal immigration and as symbols on Web sites that list victims as if they were fallen soldiers in an invisible war.

To those activists, the cases are stark reminders of a broken immigration system. It's simple, they say: The victims would be alive if the borders were sealed.

"The people who are committing these crimes . . . they are here because the government failed to do what it was supposed to do to protect the American people," said Ira Mehlman, spokesman for the Federation for American Immigration Reform, which promotes restrictions on immigration.

Immigrant advocates counter that focusing on legal status brands all immigrants, illegal and those who might be assumed to be illegal, as villains, stoking misdirected tensions out of grief. In Hampton Roads, advocates say they are fielding calls from immigrants worried about deportation and discrimination.

"Each of those individual circumstances are tragic. But the effect that some of these groups are trying to achieve is to demonize," said Clarissa Martinez of the National Council of La Raza. "They're very clearly manipulating these individual cases to try to smear a whole community."

Because policies on checking the legal status of suspects vary among law enforcement agencies and Census Bureau questionnaires do not ask about it, there are no solid national statistics on crime rates among illegal immigrants.

In recent months, fatal car crashes alleged to have been caused by illegal immigrants have sparked ire in small towns in Minnesota and Iowa. Two years ago, the deaths of a Maryland Marine and his girlfriend in a collision caused by an illegal immigrant ignited debate in Annapolis over driver's licenses for unauthorized immigrants. In Pennsylvania, the mayor of Hazleton has said a 2006 slaying attributed to an illegal immigrant led to a controversial immigration ordinance. Charges against the suspect were later dropped, and the measure was struck down by a federal judge.

The stories of such victims are immortalized on Web sites such as http://immigrationshumancost.org, run by Brenda Walker, a Berkeley, Calif., writer who initially took up the immigration issue out of concern over the environmental impact of population growth.

"I was seeing all these articles in the press about 'Oh, poor Juan, he comes here and he's struggling for a better life,' " said Walker, adding that she favors limits on immigration. "But illegal immigration is not a victimless crime. That's my big headline."

The FIRE Coalition, a national group formed to combat what it calls "the largest invasion in the history of the world," goes further. As part of a project called Operation Body Count, it distributes posters featuring photos of people it says were killed by illegal immigrants.

Ray Tranchant has seen his daughter's picture on such sites. He said groups that call for measures such as mass deportations "muck up the real solution," which he said involves building a border fence, deporting criminals and giving noncriminals an earned path to legalization. But he knows the power of cases such as that of Tessa and Alison. It turned him into an activist.

"Tessa shouldn't have died," said Tranchant, 53, a Tidewater Community College administrator. "The bottom line is someone ended up in a place that caused deaths. How did he get here? Track it back: Lax here, lax there."

Tranchant, who is a member of a state task force on "alien criminals," said he is angry only at authorities. He wants to sue the city, state and national governments for wrongful death, saying their negligence led to the crash that killed Tessa. Tranchant said he does not want money but change, so that criminal illegal immigrants are kept out of the country.

In recent years, the Hampton Roads area's construction, tourism and farming industries have drawn a growing immigrant population, many from Mexico. Still, immigrants make up less than 6 percent of the area's 1.65 million residents.

Tranchant, a former Navy pilot, said he used to worry about illegal immigration mostly as a terrorism issue.

That changed March 30, 2007. Alison and Tessa were waiting at the light when Alfredo Ramos, drunk and speeding, slammed into their car, killing both. Soon police revealed that Ramos, 22, had been convicted of drunken driving in neighboring Chesapeake and public intoxication in Virginia Beach but never questioned about his immigration status.

Virginia Beach police were prohibited from asking suspects charged with misdemeanors about their status; Chesapeake had no policy. Ramos was sentenced to serve 24 years in prison.

Fox News's Bill O'Reilly seized upon the crash. He accused Virginia Beach officials of operating a "sanctuary city." Local newspapers and online chats filled with furious exchanges.

The uproar led Virginia Beach to require that police check the immigration status of all arrested. Virginia Beach and Chesapeake passed measures requiring that companies doing business with the cities pledge not to hire illegal immigrants.

The state task force was formed by three congressional representatives, including Thelma Drake (R), who said the crash brought her constituents' numerous calls over illegal immigration "to another level."

Help Save Hampton Roads, an offshoot of Northern Virginia groups fighting illegal immigration, formed after Tessa and Alison's deaths.

"Nobody knew this situation was out there until this catalyzed it," said Brian Kirwin, a Virginia Beach representative for the statewide group Save the Old Dominion, which counts the Hampton Roads area as its second-largest base after Northern Virginia. "It didn't have a name and a face."

But the turmoil and policy changes also sparked "instantaneous" fright among the region's Latino immigrants, said Dan Curran, a real estate agent and immigrant advocate who said he and his wife were quickly besieged by calls from people expecting widespread raids.

Beatriz Amberman, a Virginia Beach resident who is vice chairman of the Virginia Coalition of Latino Organizations, has indefinitely called off a fall Hispanic festival she has hosted for six years. She said Latinos have felt "scapegoated" and were too wary to attend.

At a Hispanic grocery, a mother and daughter from Mexico nodded knowingly when asked about the crash, which they said had caused legal and illegal Latinos to walk rather than drive and to avoid beachfront discos because police patrol them.

"For one person, everyone pays," said Josefina, 50, an illegal immigrant who did not want her last name published.

"It bothers us, too," said Paula, 25, of the crash. "How did he dare to drive like that?"

On a recent sunny afternoon, as Colette Tranchant, 49, drove to the cemetery where the graves of her daughter and Alison lie under the watchful gaze of a statue of an angel, she said the spotlight the crash cast on illegal immigration was a good thing.

"This was so preventable," she said. "If my daughter died, at least it wasn't in vain."

**Story Link

How NOT to link the environment, population control and immigration

From Feministing.org:

From a half-page ad in the NY Times:
One of American's Most Popular Pastimes. Americans spend a lot of time in their cars. Not because they want to. But because of massive traffic congestion. And almost daily gridlock. For many people, commutes to work and school and daycaer can take up to three hours a day. According to traffic management experts, it's only going to get worse if our population continues its present growth rate. In many American cities, it's the same stress with our schools, our emergency rooms, our public infrastructure, even our water resources. A majority of Americans agree that runaway population growth threatens their quality of life. But with US Census projects indicating our population will explode from 300 million to 400 million in thirty years and 600 million in 2100, quality of life for future generations will be gone unless we take action today. The Pew Hispanic Research Center projects 82% of the country's massive future population increase will be a result of immigration between 2005 and 2050. And for every four new U.S. residents whether from births or immigration, approximately three more cars are added to our roads, increasing gridlock, energy use and greenhouse emissions. Together we can do something about it. We're the nation's leading experts on population and immigration trends and growth. Visit our websites to learn more and find out how you can help. Because wasting hours in your car is one pastime you can do without.

The organizations sponsoring: American Immigration Control Foundation, Californians for Population Stabilization, Federation of American Immigration Reform, NumbersUSA and Social Contract Press.

States Take New Tack on Illegal Immigration, By Damien Cave

MILTON, Fla. — Three months after the local police inspected more than a dozen businesses searching for illegal immigrants using stolen Social Security numbers, this community in the Florida Panhandle has become more law-abiding, emptier and whiter.

Many of the Hispanic immigrants who came in 2004 to help rebuild after Hurricane Ivan have either fled or gone into hiding. Churches with services in Spanish are half-empty. Businesses are struggling to find workers. And for Hispanic citizens with roots here — the foremen and entrepreneurs who received visits from the police — the losses are especially profound.

“It was very hard because the community is very small, and to see people who came to eat here all the time then come and close the business,” said Geronimo Barragan, who owns two branches of La Hacienda, Mexican restaurants where the police arrested 10 employees.

“I don’t blame them,” Mr. Barragan added. “It’s just that it hurts.”

Sheriff Wendell Hall of Santa Rosa County, who led the effort, said the arrests were for violations of state identity theft laws. But he also seemed proud to have found a way around rules allowing only the federal government to enforce immigration laws. In his office, the sheriff displayed a framed editorial cartoon that showed Daniel Boone admiring his arrest of at least 27 illegal workers.

His approach is increasingly common. Last month, 260 illegal immigrants in Iowa were sentenced to five months in prison for violations of federal identity theft laws.

At the same time, in the last year, local police departments from coast to coast have rounded up hundreds of immigrants for nonviolent, often minor, crimes, like fishing without a license in Georgia, with the end result being deportation.

In some cases, the police received training and a measure of jurisdiction from the federal Immigration and Customs Enforcement, under a program that lets officers investigate and detain people they suspect to be illegal immigrants.

But with local demand for tougher immigration enforcement growing, 95 departments are waiting to join the 47 in the program. And in a number of places, including Arkansas, Florida, Georgia, Iowa, New Mexico, Oklahoma and Texas, police officers or entire departments are choosing to tackle the issue on their own.

State lawmakers, in response to Congressional inaction on immigration law, are giving local authorities a wider berth. In 2007, 1,562 bills related to illegal immigration were introduced nationwide and 240 were enacted in 46 states, triple the number that passed in 2006, according to the National Conference of State Legislatures. A new law in Mississippi makes it a felony for an illegal immigrant to hold a job. In Oklahoma, sheltering or transporting illegal immigrants is also a felony.

It remains unclear how the new laws will be enforced. Yet at the very least, say both advocates and critics, they are likely to lead to more of what occurred here: more local police officers demanding immigrants’ documents; more arrests for identity theft; more accusations of racial profiling; and more movement of immigrants, with some fleeing and others being sent to jail.

“It is a way to address illegal immigration without calling it that,” said Jessica Vaughan, a senior policy analyst at the Center for Immigration Studies, which supports intensified local enforcement. She added, “They don’t just have to sit and wait for Washington.”

Community Complaints

Police officers here in a handful of Gulf Coast counties from Pensacola to Tallahassee said they started hearing complaints about illegal immigrants last year. With the national debate raging and the local economy sagging, many residents began to question whether illegal immigrants were taking Americans’ jobs.

It did not show up in statistics — the unemployment rate in Santa Rosa County was 3.6 percent in 2007, below state and national averages — so the arguments focused in part on unfair competition.

Donna Tucker, executive director of the Santa Rosa County Chamber of Commerce, said illegal immigration “creates havoc within the system” because businesses that used illegal labor often did not pay into workers’ compensation funds and paid workers less.

“Those businesses can survive a lot longer than the ones that are trying to do things right,” Ms. Tucker said.

Some of the frustrations also veered into prejudice.

George S. Collins, an inspector in charge of the illegal trafficking task force in Okaloosa County, said many people wanted to know “why we weren’t going to Wal-Mart and rounding up the Mexicans” — a comment Mr. Collins said was racist and offensive.

Usually though, the complaints were cultural and legal.

Interviews with more than 25 residents and police officers suggest that the views of Harry T. Buckles, 68, a retired Navy corpsman, are common. Outside his home in Gulf Breeze, Mr. Buckles said the main problem with today’s Hispanic immigrants was that they did not assimilate.

Even after hundreds flowed in to rebuild Santa Rosa County, Mr. Buckles said: “They didn’t become part of the community. They didn’t speak the language.”

Echoing the comments of others, he said he became irritated when he heard Spanish at the Winn-Dixie and saw a line of immigrants sending money home at the Western Union. Mr. Buckles said he feared his community would lose its character and become like Miami, with its foreign-born majority and common use of Spanish.

“We see things nationwide and we know that we could be overwhelmed,” he said.

In fact, only about 3 percent of the population of Santa Rosa County is Hispanic, according to census figures compiled in 2006. As a proportion of its population, the Hispanic community here is less than half the size of what is in Omaha or Des Moines — mostly white cities where the Hispanic population is still below the national average.

Santa Rosa is hardly the only place to use a tough approach against a small immigrant population. In Mississippi, where strict laws on false documentation recently passed, only about 1.7 percent of the state’s 2.9 million people were born abroad and more than half of them are in the United States legally, according to estimates from the Federation for American Immigration Reform, which favors tightening restrictions on immigration.

But here, the result is a divide often marked by a lack of in-depth interaction.

On one side are longtime residents like Sheriff Hall, who said immigrant laborers were not involved in fixing his office or home after the hurricanes, and Mr. Buckles, who said his relationship with Hispanics was based mainly on seeing them at stores or construction sites.

On the other side are a smaller number of immigrants and employers who use immigrant labor.

Some of the immigrants are newly arrived, sticking mostly to themselves. But the group also includes Antonio Tejeda, 38, a roofer and naturalized American citizen from Mexico who wears an N.F.L. jersey to church and speaks English with a slight drawl; and Ruben Barragan, 19, one of the workers arrested in one of the La Hacienda restaurant raids who, though illegal, spoke English and called his infant son Eric because he wanted him to have an American name.

When told about such men, Mr. Buckles said perhaps the government could find ways to create exceptions. But he was not convinced they deserved to stay.

“They got here illegally,” Mr. Buckles said. “They broke the law as soon as they came.”

The Raids

The half-dozen officers involved in the Santa Rosa operations did not announce their arrival. They detained 13 workers at Panhandle Growers. At the two branches of La Hacienda the police quietly detained 10 workers without resistance. And at Emerald Coast Interiors, a boat-cushion factory, the police arrested a handful more.

Sheriff Hall said that his department received tips that led him to all the locations he visited and that he was responding to a steep rise in complaints about illegal immigration. He said he had been frustrated a year ago by a lack of response from Immigration and Customs Enforcement. And this time, customs officials said, he did not contact the agency for input before forming a multicounty task force that led to the February operation.

Sheriff Hall said his men were focused on identity theft and did not need special training because “it’s the same thing we do every day.” He insisted that the officers treated everyone fairly. Unlike Bay County officers, who surrounded construction sites last year and arrested immigrants who ran, “we didn’t chase anyone,” he said.

And at many locations witnesses said the police treated all workers equally.

Managers at the restaurants Okki, El Rodeo, China Sea and La Hacienda said police officers checked all employees’ documents, regardless of their ethnicity.

But other business owners, employees and residents said the police focused disproportionately on Hispanics or the foreign born and seemed determined to scare immigrants out of the area. In many cases, employers said, the officers did not even mention identity theft, narrowing their scope to immigrants.

“They were targeting all the places with Hispanic workers,” said Elvin Garcia, 26, a waiter at El Rodeo.

At Red Barn Barbecue, witnesses said that skin color clearly influenced police procedure. When several officers visited and saw no one who was Hispanic in the kitchen, they moved on. “We offered to give them records, and they said, ‘No, it’s not necessary,’ ” said Randy Brochu, whose family owns the business.

Meanwhile, at Emerald Coast Interiors, three employees — one black, one white, one Hispanic — independently said the police did, in fact, chase a handful of Hispanic employees who ran. Three women, they said, were caught in a ditch behind the main building.

Luis Ramirez, the plant’s operations manager, said the officers asked to see documentation only for the workers who fled. “It was racial profiling,” Mr. Ramirez said.

His company has not filed a lawsuit, so his accusations have not been tested. But Florida courts have repeatedly held that flight alone is not enough to justify a suspicion of criminal activity or arrest. In Bay County, officials said they tried to avoid chasing people now because prosecutors have warned that it undermines their cases.

Even without a chase, immigrant advocates say that local efforts to track down illegal immigrants undermine community safety by scaring immigrants from reporting violent crimes.

“It’s a dangerous route to take,” said David Urias, a staff lawyer with the Mexican American Legal Defense Fund, which sued Otero County in New Mexico this year after the police raided Hispanics’ homes for minor violations like an unleashed dog. “What you’re going to see,” Mr. Urias said, “is more people pushed into the shadows.”

The Aftermath

Indeed, three months after the sweeps, nearly everyone agrees that the fabric of this community has changed. Hundreds of Hispanic families, both legal and illegal, seem to have disappeared.

John Davy, a co-owner of Panhandle Growers, said some employers “treated their guys humanely” by helping them flee to other areas. “What we’re victims of is a system that’s broken,” he said.

Many residents said they felt torn between competing loyalties to compassion and the law.

“On one hand, I’m sitting here thinking when Ivan was here, you could not get enough people to do the thing that needed to get done,” said Mrs. Tucker at the Chamber of Commerce. “And these illegal aliens, people welcomed them with open arms because they were working hard, they were helping our community. But from a chamber standpoint, you’re operating on the side of the law. It’s a hard thing.”

In the immigrant community, fears now cloud the most basic routines. Many Hispanics said they avoided being seen or heard speaking Spanish in Wal-Mart, even if they live here legally. Others detailed their habit of meticulously checking their cars’ headlights, blinkers and registration to avoid being pulled over.

The message many Hispanics have taken from the raids is simple. “We’re Mexican — they don’t want us here,” said Erika Barragan, 20, whose husband, Ruben, came here illegally roughly six years ago and was one of 23 people scheduled to be deported after the February raids. She said she would go back to Mexico this summer.

Her husband’s employers, Geronimo Barragan (no relation) and his wife, Guilla, are trying to remain positive.

They are citizens and parents of four American-born children, ages 2 to 16. They have lived in Santa Rosa County for more than a decade, founding a Baptist church here and working 16-hour days, six days a week to build two restaurants known for their affordable food and Christian atmosphere, which extends to a ban on alcohol.

They said the raids came as a shock.

“We love the community, and we always tried to do our best,” Mr. Barragan said.

Mrs. Barragan put it more bluntly. “This,” she said, “is like our promised land.”

The Barragans said they did not know their workers were illegal because they provided Social Security numbers and other information that was required. Like most employers, they asked for nothing more.

They have not publicly opposed the sheriff’s actions, and in their effort to move on, they have distanced themselves from his critics. Mr. Barragan even visited Sheriff Hall at his office to tell him he had no hard feelings and would do everything he could to comply in the future.

And yet, the cost has been significant. Both of the restaurants were closed for more than two months. Only one has recently reopened.

Unable to find people in the area who can cook Mexican food, Mr. Barragan, 41, has been scouring the nation, recruiting in Houston, Chicago and Baton Rouge. He has yet to find all the workers he needs, relying on a handful of new hires with work visas that expire in November. He said he wished that Congress could find a way to bring more foreign workers to America legally.

For Mrs. Barragan, 39, a warm, thin woman with hair to her waist, the consequences have been more personal. On a recent Wednesday night, her church’s prayer service was half-empty. Many of her friends have left. And many of the employees that her family mentored in the ways of America are gone, taken away by the police.

“That’s what had the most effect on our lives,” Mrs. Barragan said, speaking in Spanish so she could be more specific. “Not closing La Hacienda, or ‘we’re not going to make money,’ or ‘how are we going to pay our bills?’ I personally didn’t think about that. It hurt me more to see them there — handcuffed. The way they went out.”

Her husband agreed, explaining between bouts of tears that some of the deported workers’ families had become victims of more violent crime. “One of them has a small daughter and someone robbed their house while he was in jail,” Mr. Barragan said. “Twice.”

**Story Link
**Photo Courtesy of Dan Anderson for The New York Times