The Border Fence: "Is America's border fence working, or an utter waste? NOW travels to Texas to meet families on the U.S.-Mexico border who fear losing their property, their safety, and their way of life."
Illegal LA: "The "debate" over illegal immigration in the United States has always been dominated by hotheads—pissy, sloganeering loudmouths on either sides of the fence drawn together by their shared love of yelling crap on radio call-in shows and steering the dialogue away from anything approaching a solution. And since the 9/11 attacks (carried out by 16 legal immigrants and three on expired visas), the discussion has basically devolved into an incomprehensible jumble. Like did you ever see those supposedly pro-immigrant "A Day With No Mexicans" ads where everyone’s sad that there’s nobody to mow lawns or sell tacos? Who’d they get to write those, the KKK? Seriously, the whole thing just makes us want to shut off our brains and watch Reba or something. But then we remember the lives of some 12 million people hang in the balance of this pissing match (as well as the American economy, welfare, national security, etc), and it’s like, "[exagerated sigh] OK, [rolling up sleeves] looks like we’ll have to wrestle this away from the assholes after all."
In Illegal LA, VBS heads to Los Angeles, the US locus of Latin American migrants and a flashpoint for recent anti-immigrant tensions, in an attempt to suss out the full nature of la reconquista instead of just trying to yell “We’re all immigrants!/Speak English!” until it looks like we’re about to hemorrhage from our eyeballs. Check out the Illegal LA showpage for more information."
Showing posts with label race. Show all posts
Showing posts with label race. Show all posts
8/22/08
8/7/08
The Laws Cops Can’t Enforce, By George Gascón (NYT)
OUR next president faces a formidable task. He will be forced to deal with two difficult wars, an economic downturn, higher energy prices and a bankrupt federal immigration policy.
To some, immigration pales in comparison with the wars and the economy. But for others, especially police departments in border states like mine, it is all-consuming. The first priority of the next president should be legislation that addresses the legitimate concerns of both the people who believe our borders are out of control and those who want equal protection for everyone living in this country.
Immigration issues are tearing apart communities. Demagoguery and misinformation are shaping public opinion and in some cases public policy. In the absence of a clear federal policy on immigration, states and cities are enacting draconian and constitutionally questionable laws.
This patchwork of conflicting local immigration laws is creating an untenable situation for police officials who face demands to crack down on immigrants — demands that contradict policing practices that have led to significant declines in crime.
For police officials, refusing to carry out policies that may violate the Constitution can be career-threatening. Both sides in the immigration debate accuse police departments of misconduct in dealing with immigrants. In this politically charged environment, some chiefs are making decisions based on bad politics instead of sound policing. In many cases, police officers are making illegal arrests with the acquiescence and sometimes explicit approval of their superiors.
Here in Arizona, a wedge is being driven between the local police and some immigrant groups. Some law enforcement agencies are wasting limited resources in operations to appease the public’s thirst for action against illegal immigration regardless of the legal or social consequences.
America’s 500,000 police officers are sworn to enforce the law. But we are increasingly unable to do so. Those who want to restrict immigration criticize us for not arresting immigrants for entering the country illegally. Yet others rightly wonder how we can do our job if some residents are afraid to report crimes or otherwise cooperate with the police for fear of deportation.
Without a national immigration policy, a new culture of lawlessness will increasingly permeate our society. In cities, politicians will pressure police departments to reduce immigration by using racial profiling and harassment. At the same time, immigrants who fear that the police will help deport them will rely less on their local officers and instead give thugs control of their neighborhoods.
Many top law enforcement officials were part of the community policing revolution of the 1980s and ’90s. We have a deep concern for constitutional rights and social justice. We believe that effective policing requires residents, regardless of immigration status, to trust the police.
We are also students of the mistakes of our predecessors. Past police practices helped lead to the civil unrest of the 1960s, which tore our nation apart along racial and political lines. We do not want to repeat those mistakes.
If we become a nation in which the local police are the default enforcers of a failing federal immigration policy, the years of trust that police departments have built up in immigrant communities will vanish. Some minority groups may once again view police officers as armed instruments of government oppression.
A wink and a nod will no longer suffice as an immigration policy. Effective border control is a critical step. But so is ensuring that otherwise law-abiding undocumented immigrants have the same protections as everyone else in a modern, free society.
Presidential candidates need to specify the measures on immigration they would present to Congress after Inauguration Day. No doubt, the advisers to John McCain and Barack Obama are counseling them to be vague. That’s the wrong advice.
America’s police officers deserve thoughtful federal leadership so that we can continue doing our best to provide our country with the security that defines a civilized society.
George Gascón, a former assistant chief in the Los Angeles Police Department, is a lawyer and the chief of the police department in Mesa, Ariz.
**Story Link
To some, immigration pales in comparison with the wars and the economy. But for others, especially police departments in border states like mine, it is all-consuming. The first priority of the next president should be legislation that addresses the legitimate concerns of both the people who believe our borders are out of control and those who want equal protection for everyone living in this country.
Immigration issues are tearing apart communities. Demagoguery and misinformation are shaping public opinion and in some cases public policy. In the absence of a clear federal policy on immigration, states and cities are enacting draconian and constitutionally questionable laws.
This patchwork of conflicting local immigration laws is creating an untenable situation for police officials who face demands to crack down on immigrants — demands that contradict policing practices that have led to significant declines in crime.
For police officials, refusing to carry out policies that may violate the Constitution can be career-threatening. Both sides in the immigration debate accuse police departments of misconduct in dealing with immigrants. In this politically charged environment, some chiefs are making decisions based on bad politics instead of sound policing. In many cases, police officers are making illegal arrests with the acquiescence and sometimes explicit approval of their superiors.
Here in Arizona, a wedge is being driven between the local police and some immigrant groups. Some law enforcement agencies are wasting limited resources in operations to appease the public’s thirst for action against illegal immigration regardless of the legal or social consequences.
America’s 500,000 police officers are sworn to enforce the law. But we are increasingly unable to do so. Those who want to restrict immigration criticize us for not arresting immigrants for entering the country illegally. Yet others rightly wonder how we can do our job if some residents are afraid to report crimes or otherwise cooperate with the police for fear of deportation.
Without a national immigration policy, a new culture of lawlessness will increasingly permeate our society. In cities, politicians will pressure police departments to reduce immigration by using racial profiling and harassment. At the same time, immigrants who fear that the police will help deport them will rely less on their local officers and instead give thugs control of their neighborhoods.
Many top law enforcement officials were part of the community policing revolution of the 1980s and ’90s. We have a deep concern for constitutional rights and social justice. We believe that effective policing requires residents, regardless of immigration status, to trust the police.
We are also students of the mistakes of our predecessors. Past police practices helped lead to the civil unrest of the 1960s, which tore our nation apart along racial and political lines. We do not want to repeat those mistakes.
If we become a nation in which the local police are the default enforcers of a failing federal immigration policy, the years of trust that police departments have built up in immigrant communities will vanish. Some minority groups may once again view police officers as armed instruments of government oppression.
A wink and a nod will no longer suffice as an immigration policy. Effective border control is a critical step. But so is ensuring that otherwise law-abiding undocumented immigrants have the same protections as everyone else in a modern, free society.
Presidential candidates need to specify the measures on immigration they would present to Congress after Inauguration Day. No doubt, the advisers to John McCain and Barack Obama are counseling them to be vague. That’s the wrong advice.
America’s police officers deserve thoughtful federal leadership so that we can continue doing our best to provide our country with the security that defines a civilized society.
George Gascón, a former assistant chief in the Los Angeles Police Department, is a lawyer and the chief of the police department in Mesa, Ariz.
**Story Link
8/4/08
Some thoughts about Latino immigrants and class, By Miriam (Feministing)
Jack has a great post up at AngryBrownButch (and Feministe) about a new Demos report on the instability of the Black and Latino middle class. Jack shares some really interesting insights from childhood, and it inspired me to share some of my own thoughts.
From the report:
Some immigrants come to the US to flee poverty, others are forced to leave behind relative wealth in their home countries seeking safety in the US. My family left because of communism, and their inability to maintain ownership over their respective businesses. While my paternal grandfather was a wealthy businessowner in Cuba, my maternal grandfather owned a small modest cornerstore. Neither side was able to regain similar class positions after coming to the US. Money was really tight when they first came over (people were not allowed to bring any of their things, including money, with them when they left) and my paternal grandfather (who had been relatively wealthy in Cuba) never rose above lower middle class status (my best estimation, it's hard to really know) in the United States. This was partially because he held onto the dream of returning to Cuba (as so many Cuban exiles did). For most of his life in the US he sold used cars for a living, and my grandmother (who had never worked before) worked as a secretary in a local school in Miami.
My parents and their siblings have all dealt with class in different ways. My mother's sisters became really wealthy, by marriage and entrepreneurship. Business and wealth are really important to them, and as someone who works in non-profits it's a struggle to relate to my cousins on that side. My parents took the education route, and are both college professors. They each have very different financial situations (now divorced) but we never had to deal with the fear of real poverty because of the security and stability that tenure and academia afford. They have always had trouble relating to their parents and siblings, who don't understand what they do and look down on them as simply "teachers."
It still remains to be seen how these things will affect my generation in my family, the first generation US citizens. We are all learning really different lessons about class from our parents and society in general.
**Artcile Link
From the report:
African-American and Latino families have more difficulty moving into the middle class, and families that do enter the middle class are less secure and at higher risk than the middle class as a whole. Overall, more African-American and Latino middle-class families are at risk of falling out of the middle class than are secure. This is in sharp contrast to the overall middle class, in which 31 percent are secure and 21 percent are at risk.
My parents are Cuban exiles, who immigrated here in the 60s shortly after Fidel Castro took power in Cuba. The reason why class has such different implications for immigrant families in the US is because they bring their class histories with them from their countries of origin.
Some immigrants come to the US to flee poverty, others are forced to leave behind relative wealth in their home countries seeking safety in the US. My family left because of communism, and their inability to maintain ownership over their respective businesses. While my paternal grandfather was a wealthy businessowner in Cuba, my maternal grandfather owned a small modest cornerstore. Neither side was able to regain similar class positions after coming to the US. Money was really tight when they first came over (people were not allowed to bring any of their things, including money, with them when they left) and my paternal grandfather (who had been relatively wealthy in Cuba) never rose above lower middle class status (my best estimation, it's hard to really know) in the United States. This was partially because he held onto the dream of returning to Cuba (as so many Cuban exiles did). For most of his life in the US he sold used cars for a living, and my grandmother (who had never worked before) worked as a secretary in a local school in Miami.
My parents and their siblings have all dealt with class in different ways. My mother's sisters became really wealthy, by marriage and entrepreneurship. Business and wealth are really important to them, and as someone who works in non-profits it's a struggle to relate to my cousins on that side. My parents took the education route, and are both college professors. They each have very different financial situations (now divorced) but we never had to deal with the fear of real poverty because of the security and stability that tenure and academia afford. They have always had trouble relating to their parents and siblings, who don't understand what they do and look down on them as simply "teachers."
It still remains to be seen how these things will affect my generation in my family, the first generation US citizens. We are all learning really different lessons about class from our parents and society in general.
**Artcile Link
Immigrants Facing Deportation by U.S. Hospitals, By Deborah Sontag (NYT)

High in the hills of Guatemala, shut inside the one-room house where he spends day and night on a twin bed beneath a seriously outdated calendar, Luis Alberto Jiménez has no idea of the legal battle that swirls around him in the lowlands of Florida.
Shooing away flies and beaming at the tiny, toothless elderly mother who is his sole caregiver, Mr. Jiménez, a knit cap pulled tightly on his head, remains cheerily oblivious that he has come to represent the collision of two deeply flawed American systems, immigration and health care.
Eight years ago, Mr. Jiménez, 35, an illegal immigrant working as a gardener in Stuart, Fla., suffered devastating injuries in a car crash with a drunken Floridian. A community hospital saved his life, twice, and, after failing to find a rehabilitation center willing to accept an uninsured patient, kept him as a ward for years at a cost of $1.5 million.
What happened next set the stage for a continuing legal battle with nationwide repercussions: Mr. Jiménez was deported — not by the federal government but by the hospital, Martin Memorial. After winning a state court order that would later be declared invalid, Martin Memorial leased an air ambulance for $30,000 and “forcibly returned him to his home country,” as one hospital administrator described it.
Since being hoisted in his wheelchair up a steep slope to his remote home, Mr. Jiménez, who sustained a severe traumatic brain injury, has received no medical care or medication — just Alka-Seltzer and prayer, his 72-year-old mother said. Over the last year, his condition has deteriorated with routine violent seizures, each characterized by a fall, protracted convulsions, a loud gurgling, the vomiting of blood and, finally, a collapse into unconsciousness.
“Every time, he loses a little more of himself,” his mother, Petrona Gervacio Gaspar, said in Kanjobal, the Indian dialect that she speaks with an otherworldly squeak.
Mr. Jiménez’s benchmark case exposes a little-known but apparently widespread practice. Many American hospitals are taking it upon themselves to repatriate seriously injured or ill immigrants because they cannot find nursing homes willing to accept them without insurance. Medicaid does not cover long-term care for illegal immigrants, or for newly arrived legal immigrants, creating a quandary for hospitals, which are obligated by federal regulation to arrange post-hospital care for patients who need it.
American immigration authorities play no role in these private repatriations, carried out by ambulance, air ambulance and commercial plane. Most hospitals say that they do not conduct cross-border transfers until patients are medically stable and that they arrange to deliver them into a physician’s care in their homeland. But the hospitals are operating in a void, without governmental assistance or oversight, leaving ample room for legal and ethical transgressions on both sides of the border.
Indeed, some advocates for immigrants see these repatriations as a kind of international patient dumping, with ambulances taking patients in the wrong direction, away from first-world hospitals to less-adequate care, if any.
“Repatriation is pretty much a death sentence in some of these cases,” said Dr. Steven Larson, an expert on migrant health and an emergency room physician at the Hospital of the University of Pennsylvania. “I’ve seen patients bundled onto the plane and out of the country, and once that person is out of sight, he’s out of mind.”
Hospital administrators view these cases as costly, burdensome patient transfers that force them to shoulder responsibility for the dysfunctional immigration and health-care systems. In many cases, they say, the only alternative to repatriations is keeping patients indefinitely in acute-care hospitals.
“What that does for us, it puts a strain on our system, where we’re unable to provide adequate care for our own citizens,” said Alan B. Kelly, vice president of Scottsdale Healthcare in Arizona. “A full bed is a full bed.”
Medical repatriations are happening with varying frequency, and varying degrees of patient consent, from state to state and hospital to hospital. No government agency or advocacy group keeps track of these cases, and it is difficult to quantify them.
A few hospitals and consulates offered statistics that provide snapshots of the phenomenon: some 96 immigrants a year repatriated by St. Joseph’s Hospital in Phoenix; 6 to 8 patients a year flown to their homelands from Broward General Medical Center in Fort Lauderdale, Fla.; 10 returned to Honduras from Chicago hospitals since early 2007; some 87 medical cases involving Mexican immigrants — and 265 involving people injured crossing the border — handled by the Mexican consulate in San Diego last year, most but not all of which ended in repatriation.
Over all, there is enough traffic to sustain at least one repatriation company, founded six years ago to service this niche — MexCare, based in California but operating nationwide with a “network of 28 hospitals and treatment centers” in Latin America. It bills itself as “an alternative choice for the care of the unfunded Latin American nationals,” promising “significant saving to U.S. hospitals” seeking “to alleviate the financial burden of unpaid services.”
Many hospitals engage in repatriations of seriously injured and ill immigrants only as a last resort. “We’ve done flights to Lithuania, Poland, Honduras, Guatemala and Mexico,” said Cara Pacione, director of social work at Mount Sinai Hospital in Chicago. “But out of about a dozen cases a year, we probably fly only a couple back.”
Other hospitals are more aggressive, routinely sending uninsured immigrants, both legal and illegal, back to their homelands. One Tucson hospital even tried to fly an American citizen, a sick baby whose parents were illegal immigrants, to Mexico last year; the police, summoned by a lawyer to the airport, blocked the flight. “It was horrendous,” the mother said.
Sister Margaret McBride, vice president for mission services at St. Joseph’s in Phoenix, which is part of Catholic Healthcare West, said families were rarely happy about the hospital’s decision to repatriate their relatives. But, she added, “We don’t require consent from the family.”
In a case this spring that outraged Phoenix’s Hispanic community, St. Joseph’s planned to send a comatose, uninsured legal immigrant back to Honduras, until community leaders got lawyers involved. While they were negotiating with the hospital, the patient, Sonia del Cid Iscoa, 34, who has been in the United States for half her life and has seven American-born children, came out of her coma. She is now back in her Phoenix home.
“I can think of three different scenarios that would have led to a fatal outcome if they had moved her,” John M. Curtin, her lawyer, said. “The good outcome today is due to the treatment that the hospital provided — reluctantly, and, sadly enough, only in response to legal and public pressure.”
Unlike Ms. Iscoa and Mr. Jiménez, most uninsured immigrant patients in repatriation cases do not have advocates fighting for them, and they are quietly returned to their home countries. Sometimes, their families accept that fate because they are told they have no options; sometimes they are grateful to the hospital for paying their fare home, given that other hospitals leave it to relatives or consulates to assume responsibility for the patients.
Mr. Jiménez’s case is apparently the first to test the legality of cross-border patient transfers that are undertaken without the consent of the patients or their guardians — and the liability of the hospitals who undertake them.
“We’re the rhesus monkey on this issue,” said Scott Samples, a spokesman for Martin Memorial.
A Life-Changing Accident
Mr. Jiménez’s journey north was propelled by the usual migrant’s dreams. When he pledged thousands of dollars to pay the smuggler who delivered him to the United States, he envisioned years of labor on the lawns of affluent America and then a payoff: the means to buy land of his own, to cultivate his own garden, back in Guatemala.
But fate — in the person of Donald Flewellen, a pipe welder with a drug problem and a long criminal record — intervened. At lunchtime on Feb. 28, 2000, Mr. Flewellen was loitering in the parking lot of a Publix supermarket in Palm Beach Gardens, Fla., when the employees of an irrigation company ran inside, leaving the keys in their van. Seizing the moment, Mr. Flewellen, a thorn in the side of local prosecutors with at least 14 arrests, jumped into the van and drove off.
In the next few hours, Mr. Flewellen consumed enough alcohol to produce a blood-alcohol level four times higher than the legal limit. But drive he did, along the back roads that connect the affluent Treasure Coast to the agricultural interior where Guatemalan Mayan immigrants have settled in a place, coincidentally, called Indiantown.
About 4 p.m., Mr. Flewellen was heading east on a rural road just as Mr. Jiménez and three compatriots were returning home from a day of landscaping. His stolen van and their 1988 Chevrolet Beretta crashed head-on, instantly killing two of the Guatemalans and severely injuring the driver and Mr. Jiménez, a back-seat passenger.
Identified first as John Doe, Mr. Jiménez arrived by ambulance at Martin Memorial, a not-for-profit hospital on the banks of the St. Lucie River in Stuart. He was unconscious and in shock from extensive bleeding, with two broken thigh bones, a broken arm, multiple internal injuries, a terribly lacerated face and a severe head injury. A doctor noted his prognosis as “poor.”
But Mr. Jiménez, after intensive surgical and medical intervention, survived. “He was no longer Luis; he was another person,” Montejo Gaspar Montejo, his cousin by marriage, said, describing a previously husky and industrious laborer who was also a soccer enthusiast. “He didn’t talk. He didn’t understand anything. He stayed curled up in a ball. But he was alive.”
During that time, Martin Memorial asked Michael R. Banks, a local lawyer who specializes in estate planning, to set up a guardianship for Mr. Jiménez. “I said, ‘Sure, what can come of such a case?’ ” Mr. Banks said. “Then it took on a life of its own. They probably regret they ever called me.”
Mr. Jiménez, whose common-law wife and two children remained in Guatemala, had been living for just under a year with Mr. Gaspar’s family. Mr. Gaspar, who works in golf-course maintenance, agreed to serve as guardian.
At first, things were amicable. In the summer of 2000, Mr. Jiménez was transferred to a nursing home in Stuart, which may have accepted him because an insurance payout was possible.
Mr. Flewellen, who eventually pleaded guilty to D.U.I. manslaughter, D.U.I. injury and grand theft auto, was not insured. But the Guatemalan families sought to hold the irrigation company liable since its employees left the keys in the car. Their lawsuit ultimately failed.
In the nursing home, Mr. Jiménez began wasting away. His relatives grew anxious. Then, Robert L. Lord Jr., Martin Memorial’s vice president of legal services, said, “Mr. Jiménez was put back on our doorstep.”
He arrived by ambulance, this time emaciated and suffering from ulcerous bed sores so deep that the tendons behind his knees were exposed. With infection raging, “the question to be answered is if the patient’s condition is terminal,” a doctor wrote in his file.
Again, Martin Memorial’s doctors provided life-saving care. Hospitals are mandated to treat and stabilize anyone suffering from an emergency medical condition, and the federal government does provide emergency Medicaid coverage for illegal and new immigrants.
But hospitals say that emergency Medicaid covers only a small fraction of those expenses: $80,000 in Mr. Jiménez’s case, according to court papers.
Mr. Jiménez remained in a vegetative state, coiled in a fetal position, for “one year, two months and 15 days,” Mr. Gaspar said with precision.
Stunning his relatives and medical officials, though, Mr. Jiménez gradually woke up and started interacting with the world. “One day,” Mr. Gaspar said in Spanish, “we arrived for a visit, and he said to me, ‘You are Montejo.’ ”
Not long afterward, the battle began between Martin Memorial and Mr. Gaspar, a reserved man whose Indiantown living room is decorated with a “We Love America” clock, a beach towel from the ancient city of Tikal and a hammered metal image of the Virgin Mary.
A Hospital’s Dilemma
The average stay at Martin Memorial, a relatively tranquil hospital which features a palm frond design in its gleaming lobby floor and white-coiffed volunteers in its gift shop, is 4.1 days and costs $8,188. Patients rarely linger.
Those like Mr. Jiménez who outstay their welcome are an oddity but not an anomaly. Mr. Jiménez had a roommate from Jamaica, a diabetic who lost both legs. Martin Memorial eventually flew him back to his native country, too.
In addition to trauma patients, there are uninsured immigrants with serious health problems. “In our emergency room, we don’t turn anyone away,” said Carol Plato Nicosia, the director of corporate business services. “The real problem is if we find an underlying problem, and now we have six of them — six patients who showed up in renal failure and that we are now seeing three times a week for dialysis.”
One of the six, she said, voluntarily returned to Guatemala after receiving a poor prognosis. But she showed up at Martin Memorial again after her relatives insisted that she undertake the trek over the borders a second time because she could not get treatment in Guatemala, Ms. Plato Nicosia said.
“I don’t want to sound heartless,” Ms. Plato Nicosia said. “A community hospital is going to give care. But is it the right thing? We have a lot of American citizens who need our help. We only make about 3 percent over our bottom line if we’re lucky. We need to make capital improvements and do things for our community.”
Martin Memorial reported a total margin of 3.6 percent over its bottom line last year and 6 percent in 2006. According to the most recent statewide data, the nonprofit medical center also reported assets of $270.6 million in 2006, with its senior executives earning more than $4 million in salaries and benefits.
Tax-exempt hospitals are expected to dedicate an unspecified part of their services to charity cases, and Martin Memorial devoted $23.9 million in 2006, about 3 percent, which was average for Florida, according to state data.
Mr. Jiménez was a very expensive charity case. In cases like his, where patients need long-term care, hospitals are not allowed to discharge them to the streets. Federal regulations require them — if they receive Medicare payments, and most hospitals do — to transfer or refer patients to “appropriate” post-hospital care.
But in most states, the government does not finance post-hospital care for illegal immigrants, for temporary legal immigrants or for legal residents with less than five years in the United States. (California and New York City are notable exceptions; Medi-Cal, the state’s Medicaid program, spends $20 million a year on long-term care for illegal immigrants, as does the Health and Hospitals Corporation of New York City.)
Martin Memorial’s lawyer, Mr. Lord, said hospitals should not be forced to assume financial and legal responsibility for these cases. “It should be a governmental burden,” he said, “or the government should step in and otherwise exercise its authority for deportation or whatever it wants to do.”
In Mr. Jiménez’s case, the hospital’s doctors determined that appropriate post-hospital care meant traumatic brain injury rehabilitation. Much to the surprise of the hospital staff, Mr. Jiménez had regained cognitive function to about the level of a fourth-grade child.
Hospital discharge planners searched to no avail for a rehabilitation program or nursing home. “Unable to take patient” was the response to many queries, as noted in Mr. Jiménez’s files, which also state: “At this time, patient remains a disposition problem.”
Representing Mr. Jiménez’s guardian, Mr. Banks took the position that the hospital had a responsibility to provide Mr. Jiménez with the rehabilitation he needed — even if it meant paying a rehabilitation center to provide it. That, he noted, could have benefited both the hospital and the patient.
“It would have been more cost-effective for them,” Mr. Banks said, given that daily patient costs in long-term care are far lower than in acute-care hospitals. “And if the rehab worked, then Luis might have become a functional person and nobody’s charge.”
But the hospital declined, as Mr. Lord put it, “to take out our checkbook” and subsidize his care at another institution.
“Once you take that step, for how long are you going to do that — a year, 10 years, 50 years?” Mr. Lord, the lawyer, asked.
At that point, the hospital intensified its efforts to involve the Guatemalan government in the case. In a memorandum obtained by The New York Times, a consular official wrote that the hospital “informed us of how expensive it was becoming to care for Luis given that there was no insurance and that he is illegal and that the state won’t assume responsibility for his charges.”
Eventually, the Guatemalan health minister wrote a letter assuring Martin Memorial that his country was prepared to care for Mr. Jiménez. Gabriel Orellana, who was foreign minister at the time but did not have direct knowledge of the case, said the Guatemalan government was disposed to assist an American institution. “If a hospital in Florida asks if we can take care of a Guatemalan patient, the tendency is to say yes,” Mr. Orellana said.
Mr. Gaspar was dubious, believing the public health care system in his homeland to be grossly inadequate.
So the guardian and the hospital reached an impasse, and Martin Memorial finally took the matter to court, asking a state judge to compel Mr. Gaspar to cooperate with its repatriation plan. In June 2003, a hearing was held before Circuit Judge John E. Fennelly.
The Journey Home
In the courthouse in Stuart, a low-key, upscale town that boasts world-class fishing, George F. Bovie III, a lawyer for Martin Memorial, addressed the judge: “This case is not simply a case, as some would try and paint it, of money. This is a case about care for a man in this country illegally who has reached maximum medical improvement at our hospital and is ready to be discharged and whose home government” is prepared to receive and treat him.
Mr. Banks responded: “Your honor, this is a case about a hospital that has failed to do its job properly,” adding that the hospital sought to “have this court legitimize its patient dumping.”
By the time of the hearing, Mr. Jiménez was essentially a boarder at the hospital, wheeling around the hallways and hanging out at the nursing stations. Diana Gregory, a nurse who supervises case management and discharge planning, said in a recent interview that Mr. Jiménez — “I will affectionately call him Louie” — became “like family” to hospital staff members, who bought him birthday cakes, knitted him blankets and gave him toys.
According to hospital records, however, it was not all pastries and presents. Mr. Jiménez grew depressed as he gradually became more cognizant of his situation. He showed signs of regression, too. Emotional and behavioral volatility often follow serious head injuries, and Ms. Gregory said that Mr. Jiménez had developed some disturbing habits, including spitting, yelling out, kicking and defecating on the floor.
In court, his doctor, Walter Gil, testified that Mr. Jiménez would benefit from returning to the intimacy of his family. In his case file, the doctor had noted that Mr. Jiménez had told him, “Estoy triste,” meaning, “I’m sad.”
Dr. Gil said he asked Mr. Jiménez, “Why are you sad when you have basically everything that could be offered to you?” And, he said, Mr. Jiménez replied, “I miss my family and my wife.”
Mr. Banks’s witnesses challenged what they described as Guatemala’s vague offer to care for Mr. Jiménez.
Dr. Miguel Garcés, a prominent Guatemalan physician and public health advocate, said in a deposition that serious rehabilitation “is almost nonexistent” in Guatemala outside private facilities. He predicted that Mr. Jiménez would be taken in and then released from the country’s one public rehabilitation hospital within a matter of weeks.
“I don’t want him to go home and die,” Dr. Garcés said.
“Nobody wants him to go home and die,” the hospital’s lawyer responded.
A few weeks later, Judge Fennelly ruled. “This Court,” he wrote, “sails on uncharted seas.” He acknowledged that his decision might provoke dissent but opined, “As Aquinas once stated, ‘The good is not the enemy of the perfect,’ ” inverting and misattributing Voltaire’s famous quote, “The perfect is the enemy of the good.”
And then he granted the hospital’s petition, ordering that Mr. Gaspar stop “frustrating” the hospital’s plan to “relocate the ward” back to Guatemala.
Mr. Banks was stunned. He filed a notice of appeal and asked for a stay of the court’s order while the appeal was pending. The judge asked the hospital to file a response by 10 a.m. on July 10 before he ruled on the stay.
Four and a half hours before that response was due, shortly before daybreak on July 10, 2003, an ambulance picked up Mr. Jiménez at the hospital and drove him to the St. Lucie County airport, where an air ambulance waited to transport him back to Guatemala. Mr. Gaspar was not apprised.
“We went to see him at the hospital, and his bed was empty,” he said.
The hospital’s lawyer declined to comment on why the hospital did not wait for the judge to rule on the stay.
Diana Gregory, the nurse, traveled to Guatemala with Mr. Jiménez, bringing a wheelchair, a week’s worth of medications, “lunch/snacks/juices/treats,” and an emergency passport signed with a fingerprint, according to discharge records. Mr. Jiménez wore a Florida Marlins cap and carried a toy cellphone.
During the flight, the records said, Mr. Jiménez dozed, paged through picture books, pushed the window shade up and down and pointed outside, saying, “Look, look!” When he arrived in Guatemala, an ambulance took him to the National Hospital for Orthopedics and Rehabilitation, which occupies the converted stables of an old villa in the historic center of the capital city.
Ms. Gregory accompanied him there, turned over his records and toured the hospital. In a recent interview, Ms. Gregory said she was impressed by the place and especially by the staff’s pride in it, despite equipment that looked “like it could have been donated to the Smithsonian.” She added, “That facility could have taken care of me any day.”
While Ms. Gregory was taking her tour, Mr. Jiménez was holding court, according to her notes in his file, “telling everyone that he was from Miami, Florida, and showing them his toy cat.” At her request, a physician told Mr. Jiménez in Spanish “that he would be staying with his new friends in Guatemala and that I was leaving.” His response, according to her notes: “O.K., O.K., adiós.”
Glad that she had helped reunite Mr. Jiménez with his homeland, she said, “I left Guatemala quiet in my heart.”
Care in Guatemala
Immaculately clean but dilapidated, Guatemala’s National Hospital for Orthopedics and Rehabilitation operates on a shoestring budget of approximately $400,000 a year, according to Dr. Harold Von Ahn, who was director when Mr. Jiménez arrived.
Half the hospital is devoted to orthopedic care and the other half serves as an “asylum” for profoundly disabled Guatemalans. Although it is the only public rehabilitation hospital in the country, it dedicates just 32 beds to rehabilitation and does not offer the specialized brain injury treatment that Mr. Jiménez needed.
The Guatemalan foreign ministry said that it knew of 53 repatriations by American hospitals in the last five years. During a visit by The Times to the National Hospital in June, the most recent arrival was an 18-year-old, Diana Paola Miguel, transported there by the University Medical Center in Tucson nine days after a van accident crushed her pelvis, which the Arizona hospital repaired. Supine on a gurney, she Ms. Paola was too tremblingly upset to talk.
Dr. Von Ahn said he believed that American hospitals were dumping patients that should be their responsibility. “It’s the same as the classic fall on the stairs, right?” he said. “You go to my home, you fall on my stairs and then you sue me. I am responsible.”
Shortly after Mr. Jiménez arrived, the Guatemalan hospital contacted his common-law wife, Fabiana Domingo Laureano, who lived in the city of Antigua with their two young sons, and asked her to come get him. Ms. Domingo, who was 27 at the time, was shocked to learn that her husband was back and terrified by the request. Then as now, she was eking out a living, selling traditional woven clothing in a marketplace while sharing a spare, concrete room with her sons in her parents’ humble home.
“I was already living from hand to mouth,” she said in an interview in Antigua, where her sons now supplement her income by selling cigarettes after school. “How could I possibly have given him what he needs?”
The couple met as teenagers in the highland village of Soloma. In the mid-1990s, Mr. Jiménez migrated with his wife’s family to Antigua, a volcano-ringed colonial city where tourism sustains the local economy. While she sold clothing, Mr. Jiménez worked as a bus driver’s assistant. Together, they earned about $6 a day, which was not enough to support their family, so Mr. Jiménez, with his wife’s brother, Francisco Gaspar, decided to follow a well-traveled path to the north. That is when he changed his name from Gervacio Gaspar to Luis Jiménez, which is how he is now known, even by his family.
After pledging to pay a coyote, or smuggler, about $2,000 each to ferry them into the United States, they crossed into California under cover of darkness and made their way to Encinitas, where Mr. Jiménez’s older brother lived, Mr. Gaspar said.
After the two men failed to find regular work, Mr. Gaspar began suffering panic attacks and returned to Guatemala; Mr. Jiménez decided to try his luck in Florida.
“Lamentably,” Mr. Gaspar said, “luck eluded him.”
After the hospital contacted Ms. Domingo, Telemundo, the Spanish-language network, called Ms. Domingo and offered to take her to Guatemala City. Shortly thereafter, the network showed her reunion with her husband.
“You are Maria by chance?” Mr. Jiménez said to his wife as the television cameras rolled.
“Fabiana,” she replied. Their two sons stood by her side, wide-eyed.
A few weeks later, Dr. Von Ahn said, the hospital discharged Mr. Jiménez “because we needed the bed,” transferring him to another public hospital, San Juan de Dios. That is where Mr. Jiménez’s brother, Enrique Lucas Gervacio, found him when he made his way down from the mountains by bus.
“He was lying in the hallway on a stretcher, covered in his own excrement,” Mr. Lucas said. “So we cleaned him up and we brought him home.”
In Favor of Jiménez
In May, 2004, a Florida appeals court overruled Judge Fennelly.
The Fourth District Court of Appeal found that the Florida state judge had overstepped his bounds because deportation is the prerogative of the federal government. The court also declared that no evidence supported the hospital’s assertion that Mr. Jiménez would receive appropriate care in Guatemala; the discharge plan, the ruling said, was not detailed enough to satisfy federal requirements or the hospital’s own rules.
The appeals court voided the judge’s order although, given that Mr. Jiménez was already back in Guatemala, that action came too late for him.
It might affect others, though. The decision has become what is known legally as a case of first impression on the issue of hospital repatriations.
John DeLeon, a lawyer who advises the consulates of Mexico, Honduras and Guatemala in Miami, said he now referred to it when he received calls from hospitals looking to discharge seriously injured or ill immigrants.
“I now write I call my Montejo Gaspar letter,” he said. “It’s a letter that says, ‘Listen, don’t take action to dump this individual because you’ll be risking legal action. The law is now that hospitals can’t dump immigrant patients without securing appropriate after-care. If somebody has a serious illness and needs continuing care, a hospital can’t simply discharge them onto the street, much less put them on a plane.’ ”
Mr. DeLeon said that he was “bombarded by such cases,” adding that he was investigating another medical repatriation by Martin Memorial, which took place two weeks ago “behind the back of the Mexican government.”
Martin Memorial confirmed that on July 16 they flew Neptali Díaz, a severely brain-injured patient to Mexico. A court order authorized Mr. Diaz’s transfer to an unspecified Mexican hospital, ending the man’s 859-day, $2 million stay at Martin Memorial.
After the ruling in Mr. Jiménez’s favor, Martin Memorial did not appeal. But the case did not go away. The appeals court ruling set the stage for a personal injury lawsuit, taken on by Searcy, Denney, Scarola, Barnhart & Shipley in West Palm Beach.
With that established firm behind him, Mr. Gaspar initiated a false imprisonment action claiming that his cousin was essentially kidnapped by the hospital and smuggled out of the country in a kind of medical rendition. Since then, appeals judges have again ruled in Mr. Jiménez’s favor, stating the hospital can be sued for punitive damages as well as for the cost of his medical care.
This infuriates Ms. Plato Nicosia, the hospital administrator, who said it was Mr. Jiménez’s family who owes the hospital money and not vice versa. “Should they win, we would like them to take those damages and pay his hospital bill,” she said.
Jack Scarola, representing Mr. Jiménez’s guardian, said that he empathized with the hospital’s “significant economic burden” but said that it was the “quid pro quo” of accepting Medicare and Medicaid funds to help finance the hospital’s services. (About 45 percent of Martin Memorial’s net operating revenues came from Medicare and Medicaid last year, based on state data.)
“Also,” he continued, “they chose the wrong way to deal with it. The right way would have been through the Legislature. There is no program in place to appropriately distribute care to undocumented persons who are catastrophically injured, and there should be. But you don’t stick a brain-injured immigrant on a private plane and spirit him out of the country in the predawn hours.”
Weighing Quality of Life
The journey to Jolomcú is an arduous one, as Mr. Jiménez’s new legal team discovered when several members — a lawyer, a paralegal, a priest and a bioethicist — first traveled there to meet him.
After a five-hour drive north from Guatemala City to Huehuetenango and then a winding trip, filled with hairpin turns on cliff-hugging roads up and over the Cuchumatán Mountains, they arrived at the provincial city of Soloma.
From there, the road to Mr. Jiménez’s hamlet only goes so far, and the trip must be completed on foot, up and down a rutted dirt path through goat-strewn meadows. The Americans arrived at the top panting. There, awaiting them, in an idyllically situated one-room brick house, was Mr. Jiménez, a broad grin lighting up his face.
“The first striking thing was his disposition: He was very, very happy,” said the Rev. Frank O’Loughlin, who pastored migrant workers in South Florida for decades. “Then, the second thing, he was well cared for. What I did was I got down over him and hugged him but also smelled. And there were no bedsores. Nothing was malodorous.”
As they drove back to Huehuetenango, Marnie R. Poncy, a nurse-lawyer who runs a bioethics law project in Palm Beach County, offered her view: “I said, ‘His quality of life is better than it would be in an American nursing home.’ ”
“But I hazarded a guess that his longevity of existence was probably severely curtailed,” she said.
Still, the team reached a conclusion that surprised them: “There was no real compelling reason to think of bringing him back to Florida,” Father O’Loughlin said. “We needed to focus on getting help to him or him to help in Guatemala.”
Help has been slow in arriving.
When The Times took the trek to visit him in late June, Mr. Jiménez had not budged from his hilltop home since returning there and no medical professional had visited him, either. With his mother too frail to move him into his wheelchair, his life had shrunken to the confines of his bed, across from his mother’s.
During the visit, Mr. Jiménez, wearing a nubby Adidas hat and a ski jacket, sat wrapped in a Guatemalan blanket; his mother, who wore a traditional woven skirt, with a floral scarf braided through her long gray hair, stood by his side. She patted his head; he reached out to pick lint from her sweater.
A few days prior, he had suffered a particularly violent seizure.
“He was almost dead,” his mother, Mrs. Gervacio, said in Kanjobal, which was translated into Spanish by a school principal serving as interpreter. “For many years, I am caring for him like he is a baby, changing his diaper, washing him. But this is worse. I am worried to leave him alone at all.”
She is right to worry, said physicians consulted for this article. Patients suffering seizure disorders run the risk of injuring themselves — and of increasing their brain damage.
Still, Mrs. Gervacio does leave from time to time, she said, to go to Mass, shutting the door behind her and hoping for the best.
“It scares me a lot when you leave, Mama!” Mr. Jiménez blurted out, revealing that he was intently following the conversation that at first took place as if he were not there.
Given that Mr. Jiménez’s mother’s health is failing, the family worries about the future, too. And Mr. Jiménez shares their concern. “The day my mother is no longer, what’s going to happen to me?” he said. “This is what I have on my mind.”
Mr. Jiménez, whose memory is patchy, said he remembered nothing about his time in the United States — not Indiantown, not his job as a gardener, not the accident and not the hospital.
He does, remember the dreams that propelled his migration, and he expressed them eloquently: “I headed north like a peasant with a heavy bundle on his back, bent over, determined to better himself,” he said. “Other people had things so I thought, ‘Why not me?’ But now I regret it. Maybe God was punishing me for my illusions.”
“No, Luis,” the interpreter interjected, “it was just chance, an accident, a car accident.”
In Guatemala City, Dr. Garcés, the public health advocate, said that he was not surprised that, as he had predicted, Mr. Jiménez never received further medical care. “That’s the usual story of patients that are released from the National Orthopedic Hospital,” he said.
Dr. Garcés called Mr. Jiménez’s repatriation “inhumane.”
“In cases like that, if you cut the medical care, you’re hurting that person,” Dr. Garcés said. “You’re doing just the opposite of what the medical system should do. That goes against every international convention of human rights and health. To send him to Guatemala was to send him to very poor living and health conditions and probably he will die because of that, and that’s not fair.”
Without evaluation, doctors cannot know what potential for rehabilitation — or survival — Mr. Jiménez possesses.
If Mr. Jiménez’s guardian were to prevail in the lawsuit, “it would be possible to set up a good health care arrangement for him because in private practice we have all types of specialties that he needs,” Dr. Garcés said. “And transportation could be arranged.” But the case could drag on for years.
On the day of The Times’s visit, before Mr. Jiménez ate a lunch of eggs, tortillas and sugar water, Mr. Banks, the lawyer, gave him a present from his cousins in Florida — a plastic bag bulging with tube socks, undershirts and oversize sweatpants. Mr. Jiménez fingered the clothing with little interest but when a reporter began to read him the accompanying letter in Spanish, he snatched it excitedly from her hands.
Much to the surprise of his visitors, Mr. Jiménez, despite his brain injury, could read. He smoothed out the yellow legal paper from Mr. Gaspar and began: “I am sending you some little things. Luis, I hope that you like them.”
At first, Mr. Jiménez read haltingly, then more fluidly. Later, when all his visitors had gone outside, he read the ending aloud again to himself.
“I want to tell you,” he read, “that we miss you and love you a lot. May God continue to bless you.”
Mr. Jiménez smiled, and repeated, softly, “May God continue to bless you.”
**Story Link
**Image Courtesy of Josh Haner (NYT): "Luis Alberto Jiménez, an illegal immigrant injured in a car accident in Florida, was treated at a community hospital, which eventually sent him back to Guatemala. He spends most of his days inside a one-room house; only the presence of visitors, who can help him into his wheelchair, gives him the rare chance to get out of bed."
7/30/08
Phoenix Mayor Challenges Popular Sheriff’s Anti-Immigration Tactics, by Rebecca Spence (Daily Forward)

At first glance, Mayor Phil Gordon’s office in downtown Phoenix looks like that of any other mayor, replete with photos of his kids and a sweeping view of the city. In the case of Arizona’s capital, that means rolling desert hills. But in an otherwise sparsely decorated workspace, one detail stands out: a silver tray of Israeli shekels atop the coffee table.
Gordon is the first Jewish mayor of Phoenix, one of America’s fastest-growing cities. A popular leader serving his second term, Gordon has spoken out on behalf of Israel more than most local elected officials. He even penned an opinion article on the threat of Iran, in which he urged other local politicians to take a stand. But he also has taken a vocal position on an issue that is less of his choosing and more a product of his city’s circumstance: how to handle illegal immigration.
That led Gordon to travel last year to Washington to lobby for comprehensive immigration reform after an immigration reform bill co-authored by Arizona senator and presumptive Republican presidential nominee John McCain failed to pass. Gordon, a Democrat, endorsed McCain in the presidential primary, though he now says that in the general election he is remaining neutral.
Gordon’s endorsement of the senator had, by all appearances, less to do with policy than with friendship and loyalty — traits Gordon said he learned from his Jewish grandfather, a Lithuanian immigrant.
Gordon, 57, leads a city increasingly at the nexus of the debate over how to handle undocumented workers who pour across the border with Mexico. In recent months, that debate has intensified in Phoenix, as the Maricopa County sheriff, Joe Arpaio, has taken extreme measures to round up and deport illegal immigrants. Gordon, along with local Jewish groups, has made decrying the sheriff’s strong-armed tactics — which, according to news reports, have included forcing arrested illegal immigrants to wear pink underwear and eat rotten green bologna sandwiches — a top priority.
“The mayor is the only high-level politician in Arizona who stood up against the sheriff,” said Rabbi Maynard Bell, executive director of the Arizona chapter of the American Jewish Committee. “Suddenly the sheriff is no longer a sacred cow anymore, and I think it took the mayor’s courage to do that.”
Since last January, the sheriff has been conducting what he calls “crime suppression sweeps,” in which he and a posse of volunteer deputies show up in predominantly Hispanic neighborhoods, stop residents for minor traffic violations and then question them about their immigration status. A recent “sweep” here rounded up 27 Hispanics who the sheriff believes may be in the country illegally. The “sweeps” are often accompanied by rowdy anti-immigrant rallies, as well as counter-protests.
In an interview at his City Hall office, Gordon pointed to a sign that had been held at one of the rallies accompanying an Arpaio “sweep.” The sign, rendered in scrawled handwriting, read “Hooray for slaughtering of illegals, Boo to the beaners!,” with a swastika drawn at the bottom.
The mayor, a former lawyer, holds that the sheriff’s actions are tantamount to racial profiling and represent a violation of civil rights. He first spoke out against the sheriff’s tactics in late March, at the seventh annual Cesar Chavez Day luncheon here. That same week, he sent a letter to U.S. Attorney General Michael Mukasey asking for a federal investigation into Arpaio’s tactics. (As of yet, there has been no word on the status of that request.)
A spokesman for Arpaio did not return a call seeking comment.
Gordon’s criticism of the sheriff has not been welcome in all corners of the Phoenix Jewish community. Amy Laff, founding chairwoman of the Arizona chapter of the Republican Jewish Coalition, said in an e-mail that “the mayor should not engage in undermining legitimate enforcement efforts by the County Sheriff by, for example, requesting an FBI investigation into the Sheriff’s Department immigration enforcement activities.”
And Arpaio is a highly popular figure among the Arizona electorate. An Arizona State University poll conducted in late April showed a 59% approval rating for the Maricopa County sheriff. Gordon, on the other hand, had only a 42% approval rating.
But Gordon, who first took office in 2004 and was re-elected last September with nearly 80% of the vote, said that he spoke against Arpaio because it was the right thing to do.
“Certainly standing up to the sheriff isn’t the wisest thing to do politically, but it was the right thing to do ethically and morally,” Gordon said. “I personally regret that I didn’t do it earlier.”
**Story Link
**Image Courtesy of the City of Phoenix
7/14/08
A Hispanic Population in Decline, By Nick Miroff (WP)

The family that planted corn in the front yard of their $500,000 home is gone from Carrie Oliver's street. So are the neighbors who drilled holes into the trees to string up a hammock.
Oliver's list goes on: The loud music. The beer bottles. The littered diapers. All gone. When she and her husband, Ron, went for walks in their Manassas area neighborhood, she would take a trash bag and he would carry a handgun. No more. "So much has changed," she said in a gush of relief, standing with her husband on a warm summer evening recently outside a Costco store.
A short distance away, across the river of retail commerce that is Sudley Road, Norman Gonzalez spoke of change not as renewal, but as a kind of collapse.
Business at his restaurant, Cuna del Sol, has declined 50 percent. Worse still, his extended family's slow, steady relocation from the Guatemalan town of Jutiapa to the bustling Prince William suburbs has imploded. "A year ago, I had the biggest family in all of Manassas, maybe 100 relatives," he said.
Now, Gonzalez, a legal U.S. resident, has his own list: Langley Park, Chantilly, Fairfax City. That is where his brothers have scattered, and they will not visit him. "There's too much fear here," Gonzalez said.
Since the day one year ago when Prince William County supervisors launched their crackdown on illegal immigration, the gulf between the Olivers' relief and Gonzalez's dejection has narrowed little, and possibly widened.
At least there is one thing partisans on both sides agree on: Hispanic immigrants are leaving Prince William. Whether their departure has improved the county's quality of life, or pushed its already strained economy further downward, is the new topic of contention driven largely by views of whether the presence of immigrants was a good thing in the first place.
Anecdotes of the trend outstrip hard statistical evidence, yet there are clear signs that the county's Latino population has reversed its pace of rapid growth. County officials said there are 4,000 to 7,000 vacant homes in the county. Trustee notices fill the classified section of area newspapers, chronicling the steady, staggering forfeiture of properties by homeowners with Hispanic surnames such as Mendez, Lozano, Medina and Rodriguez.
Last month, there were 776 foreclosure recordings in the Prince William County, Manassas, Manassas Park area, court records show, up from 244 in June 2007 and 19 in June 2006.
Would those homeowners have been foreclosed upon anyway, for economic reasons having nothing to do with the county's illegal immigration policies? That, too, is disputed.
"You can't attribute all of what might be negative about the economy in Prince William County to the crackdown," said economist Stephen Fuller, director of George Mason University's Center for Regional Analysis. "But it certainly hasn't helped. Neighborhoods that have been weakened because of migration of the Hispanic community out of the county have economic consequences that show up as decreases in retail spending, rental income and potential decreases in the valuation of some housing."
That decrease -- home prices in some areas have fallen by half -- is well worth the improvement in quality of life, according to the most ardent supporters of the county's get-tough approach.
"We have far less residential overcrowding, and that was driving people crazy," said Greg Letiecq, a blogger and president of Help Save Manassas. He helped write the county's policy and has been its most vocal champion. "We'd much rather live next door to a vacant house," he said, speaking for his members at a recent Help Save Manassas meeting.
"With an empty house, there's hope that the house is going to have somebody move into it that's going to be a good neighbor, rather than an overcrowded house that is a neighbor from hell," Letiecq said, adding that his Manassas area home has dropped $100,000 in value in the past year.
The numbers suggest that tensions over crowding have subsided: Complaints about residential overcrowding dropped to 30 last month from 79 in July 2007, according to the county's Neighborhood Services Division.
While some Hispanic immigrants have walked away from their homes, others have left the county in the custody of federal agents. County jail officials have turned over 757 illegal immigrant inmates to Immigration and Customs Enforcement officers in the past year through an agreement that county supervisors approved as part of the crackdown.
Police have referred more than 300 additional suspects to the immigration and customs branch since March, when the county's patrol officers began screening for residency status.
Catching illegal immigrants has made Prince William safer, said Corey A. Stewart (R-At-Large), chairman of the board of county supervisors said. Stewart also said the county's policies have led to "a plummeting of the crime rate." Police statistics show that the county's crime rate has been declining since 2004, even as the population increased.
More importantly, Stewart said, Prince William has become a model for other jurisdictions hoping to act against illegal immigration. "We've started a wildfire in terms of other localities and states adopting similar tactics," said Stewart, who discussed the county's immigration enforcement success Tuesday with the House Republican Policy Committee on Capitol Hill.
While critics say ethnic tensions in Prince William have worsened in the past year, Stewart said he believes the debate over illegal immigration has empowered residents to speak up after "stewing" in frustration for years. "It's allowed people to discuss their feelings," Stewart said, citing a new level of public interest in local government. The board's chambers have been packed with hundreds of residents on several occasions over the past year.
"It's better for people to feel free to speak out about something they care about rather than holding it inside, and in that sense, the controversy has been good for the county as well as the country," Steward said.
Paying for the crackdown has been an ongoing source of tension, and supporters have long maintained that the county would save money through a decreased need for English classes for students who speak another language at home. After years of steady increases, the percentage of students enrolled in English as a Second Language classes appears to have peaked.
In September, the number of students with limited English proficiency, not all of whom were Hispanic, was a record 13,404 in the county school system. By the end of the school year, the total had fallen 4.7 percent, to 12,775.
Then there are the many smaller, symbolic signs that the county has changed in the past year. Rodeo-themed Latino festivals at the county fairgrounds, once a summer staple, have been canceled without explanation by organizers. The El Primero Mercado supermarket on Centreville Road is now a Shoppers International store. And several county services, including drug-treatment programs and in-home care for seniors, now require proof of citizenship.
Starting this month, for example, a county-funded house-cleaning service for the elderly will make sure all recipients are legal U.S. residents.
Such restrictions may not keep illegal immigrants out of Prince William if the steep decline in housing prices eventually lures legal and illegal immigrants back to the county. And advocates said Latinos have learned "clear political lessons" in the past year.
"The community has learned that votes matter," said Mauricio Vivero, director of the Ayuda Business Coalition, which has lobbied legislators and has run commercials on CNN warning other municipalities of the economic consequences in following Prince William's lead.
Vivero said that fewer than half of the Latinos in Prince William who were registered to vote in 2004 did so. In November, he predicted, "there will be a much bigger turnout in Northern Virginia, and [Prince William's crackdown] has helped push it."
**Story Link
**Image Courtesy of By Carol Guzy (WP): "At a meeting last year, immigrants ask questions about the crackdown. Since then, the Latino population has declined and foreclosures are up."
8/9/07
The Face of Local Counties Shifts With Surge in Minorities, By N.C. Aizenman (WP)

Fueled by an explosion of jobs attracting immigrants to the nation's suburbs, the percentage of minorities has dramatically increased in six local counties -- including Prince William, where the share of minorities grew from 35 percent in 2000 to 48 percent in 2006, according to census estimates to be released today.
In addition, Manassas Park was one of eight jurisdictions nationwide that shifted to majority-minority status in 2006, bringing the total number of counties in which minorities outnumber whites to 303 -- nearly one in 10 of the nation's 3,141 counties.
Of these, Los Angeles County's minority population of 7 million was by far the largest -- exceeding the total population of 38 states, and accounting for one in 14 of the nation's minority residents.
Locally, Charles County in Maryland and the Virginia counties of Prince William, Loudoun and Stafford, as well as the city of Manassas, remain majority-white, but the proportion of minorities increased at some of the fastest rates in the nation.
In 2000, minorities accounted for 33 percent of Charles's population. By 2006, they were 45 percent. Similarly, Stafford's share of minorities grew from 20 percent to 29 percent, and Loudoun's share increased from 20 percent to 32 percent.
In the case of Manassas Park and Manassas (both of which the census treats as the equivalent of a county) and Charles, the shift was partly attributable to a decline in the number of non-Hispanic white residents. But in Prince William, Loudoun and Stafford, the influx of non-Hispanic whites was simply dwarfed by the increase in minority residents.
A similar dynamic is occurring nationally, with the Hispanic population growing by 26 percent between 2000 and 2006, from 35 million to 44 million. Demographers said the effect of this growth has been further heightened by the increasing inclination of minorities -- particularly Hispanics -- to move beyond major metropolitan areas in which they have historically concentrated, into suburban, exurban and rural localities.
The Hispanic population continued to grow fastest in large metropolitan counties in the South from 2000 to 2006. But it also increased by 22 percent in small towns and rural areas in which the overall population growth was 3 percent.
"A lot of these rural places would have lost population if it weren't for their Hispanic population gains," said Mark Mather of the Washington-based Population Reference Bureau. He produced a report on the data with colleague Kelvin Pollard.
Mather and Pollard speculated that such areas are losing non-minority populations because of fewer jobs in family farming, manufacturing, mining and other longtime core industries. In their place, positions are being created in less-well-paying industries such as commercial agriculture, meatpacking and textiles. Those jobs attract foreign-born workers willing to labor for less money. By contrast, minority growth in suburban and exurban areas appears to be driven by the overall population increase of those areas, according to William H. Frey, a demographer at the Brookings Institution.
Large numbers of blacks are following the pattern of suburbanization that was more common among whites during earlier decades, Frey noted.
"Meanwhile, the movement of a lot of middle-class whites to the suburbs and exurbs has spawned a whole new industry of jobs in construction, landscaping and housekeeping that suburban residents don't want to do and which therefore attract immigrants," he said.
That cycle may help explain why Stafford, Loudoun and Prince William, along with three other Virginia counties (Culpeper, Fauquier and Spotsylvania) and Frederick County, Md., have among the top 20 fastest-growing Hispanic populations in the nation.
Culpeper ranked second, with an increase in its Hispanic population from 858 in 2000 to 3,111 in 2006, or 7 percent of the population.
The newcomers have contributed to economic growth in those counties, but they have also provoked social tensions.
County governments in Prince William and Loudoun have passed measures to deny public services to illegal immigrants, intended to discourage them from settling there. And yesterday, Culpeper's Board of Supervisors unanimously adopted a resolution declaring English the county's official language.
**Graph Courtesy of Washington Post
**Story Link
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