Annotations for Communities: Noncitizens

This audio essay with music by The Latin Alliance was produced by Beto Argos in Boulder, Colorado, along with Guillermo Gomez-Pena, Yareli Arizmendi, and Sergio Arau.

The debate over healthcare reform continues. In a full page ad in the New York Times, three California Latino organizations urged President Clinton to include everyone, even the undocumented, in his upcoming healthcare plan. From Sacramento, Armando Botello reports.

The Latino issues for a Mexican American political association and American GI forum based their petition on the assumption that preventive healthcare is a good investment. John Gamboa is President of the Latino Issues Forum.

There's no real good reason why these people should not be counted. First, it's un-American. Second, it doesn't save money. Third, if we don't cover them, the health of everybody else is in jeopardy because a communicable disease that could be prevented may spread to other people and increase the cost, and get other people sick simply because we won't cover them.

According to Gamboa, the only criticism to their petition has come from anti-immigrant groups. However, Arnoldo Torres, former National Director of the League of Latin American Citizens, says the plan is not feasible because of an anti-immigrant climate, a shortage of funds, lack of Latino health professionals, and a lack of consensus among the Latino community to back the proposal. Torres however offers an alternative which would be linked to the Free Trade Agreement.

Some of the revenue and benefit that Mexico will receive from this, and as well as the US, ought to be providing... It should be put into some reserve/trust fund to cover some of the healthcare costs of undocumented people in this country.

So far, the only response to the proposal has come from the California Congressional Delegation, which has asked the President to look into it. In Sacramento, California, I'm Armando Botello reporting for Latino USA.

Seasonal farm workers have been left out of Washington State's newly-enacted healthcare law, considered the most sweeping in the nation. Farm worker health advocates call the exclusion "unwise and unconstitutional", and plant a core challenge. I'm Maria Martin. You're listening to Latino USA.

[background music] I'm Maria Hinojosa. The word "alien" writes New York Times columnist, AM Rosenthal, "Should be saved for creatures that jump out of bellies at movies." In a recent column, Rosenthal recalls how he came to this country without immigration papers as a child, along with this Russian-born father. He remembers how much he detested to hear himself referred to as an alien. Like Rosenthal, many Latinos find the use of the label "illegal alien" offensive, as offensive as the word "wetback" was to an earlier generation.

[background music] Producer Betto Arcos, along with Mexican performance artist, Guillermo Gomez-Pena, actress Yareli Arizmendi, and rock musician Sergio Arau, have given some though to the use of these labels. “Ahi Les Va Un audio essay.” Here's their audio essay.

Do you remember the little song we learned yesterday?

Yes, I remember.

Let's sing it.

Okay. (singing).

One little, two little, three little aliens. Four little, five little, six little aliens. Seven little, eight little, nine little aliens.

[recorded voice] To find out how to report illegal aliens or employers of illegal aliens, dial six now. [beep]

Alien nation. Alien nation. Alien action. Alien native. Alguein-ated. Alien hatred. Aliens out there. Hay alguien out there. Aliens the movie. Aliens the album. Cowboys versus aliens. Bikers versus aliens. Hippies versus aliens. The wetback from Mars. The Mexican transformer and his radioactive torta. The Conquest of Tenochtitlan by Spielberg. The Reconquest of Aztlán by Monte Python. The brown wave versus the microwave.

It is estimated that there are approximately six million undocumented or illegal aliens living and working in the United States at this time.

Sergio is an illegal. Guillermo is a wetback. Is Sergio a wetback?

No, Sergio is not a wetback. Sergio is an illegal. Guillermo is a wetback.

Good.

I am, therefore, I cross. My rationale for crossing is simple, survival plus dignity equals migration minus memory.

[Recorded Sound] Come in Border Patrol. Border Patrol. I'm in Chopper One. [Sounds of breathing] I need help. I need assistance. I need assistance. [inaudible 000919]. [Hip-hop music] Come in, come in Border Patrol, please. Come in. We need assistance.

[Hip-Hop Music] The helicopter flies like an eagle. Made it to the other side now. We're illegal.

Dieron el pronunciamiento de [unintelligible] en inscripcion de la gente para que renovar su permiso… [Translation--Dub--English]

Salvadorean refugee advocates like Manuel Alfaro of Washington are mounting informational campaigns in Central American communities. They're telling people that temporary protective status for Salvadorans due to expire at the end of June has been extended for 18 months. Salvadorans now under TPS have until that date to file form 765 for the immigration service in order to be able to remain in this country legally.

Hay mucho ya establecieron familias. Otros tienen temor de regresar al El Salvador por todo lo que paso durante los 12 años... [Translation--Dub--English]

Allegations of abuse by the Border Patrol, customs, and immigration agents are often heard in many Latino communities, particularly along the U.S.-Mexico border. These widespread complaints have prompted several congressional leaders to call for the creation of a commission to investigate abuses by these federal agencies. From Washington. Patricia Guadalupe has more.

Cuando yo me miraron se aceleraron y me dijeon parate

Heriberto Arambula is a Mexican national who claims he was beaten up by the US Border Patrol while riding his bicycle in El Paso, Texas.

Me agarre la bicicleta me tumba para atras y el otro esta gringo parece Bruce Lee.

They grabbed me and threw me from my bicycle. One of the officers then jumped at me. He looked like Bruce Lee. Imagine. He sunk his boot into my chest that left the mark. They didn't ask me what I was doing or explain why they were after me, nothing. Only the beating and then to the police, then to the ambulance, then to the hospital, and that's all. [Spanish dubbed over]

It is because of this and many other complaints that legislation was introduced in Congress May 20th to create an independent commission that would oversee the Border Patrol. Currently, the Border Patrol is part of the immigration and naturalization service, which immigrant advocates say is inefficient and biased since it polices itself. Democratic representative Xavier Becerra of California is the chief sponsor of the commission bill in Congress.

We believe that you need independent review and that's the big change here. It's not dramatic, but what we're saying is let's get some serious activity in here because there are people who are being abused.

Congressman Becerra adds that the problem doesn't exist only among the undocumented along the border.

We're talking about US citizens, legal permanent residents who have been abused by the INS. And we have not only eyewitness testimony and firsthand testimony of people who've come, but we have court cases where we have had judicial decisions that show that people have been abused.

Former Consul General of Mexico in El Paso, Roberto Gamboa Mascarenas investigates many cases of alleged abuse by Border Patrol agents. Most recently, the violent deaths of three undocumented workers in Arizona and Texas. He said the commission would have the power to act on claims of abuses, something he says the system is not now set up to do.

It is the most fantastic and the most positive step that has ever been taken in favor of the human rights and the civil rights of many people in the border areas, not necessarily all Mexican, whose rights have been violated continuously by agents who, again, are unchecked, uncontrolled, and not disciplined whatsoever.

In its annual report released on the same day Becerra introduced this legislation, the human rights group, America's Watch, concludes that conditions at the border have not changed. Cases of abuses have risen, not fallen. Juan Mendez is executive director of America's Watch.

There's something wrong in the way abuses are referred to the proper authorities and investigated inside these agencies, both the Border Patrol and the customs administration.

Mendez says that creating an independent commission would alleviate the fear many have of coming forward when they have claims of abuse. When reached for comment, a spokesman for the INS said they would follow whatever directive the Congress and Attorney General Janet Reno handed down. For Latino USA, I'm Patricia Guadalupe in Washington.

Perhaps no other site on the US-Mexico border sees more complaints regarding human rights abuses than the San Diego-Tijuana region. In recent years, the number of complaints of abuses has risen as a number of anti-immigrant groups have organized to protest the number of undocumented immigrants crossing the border. Observers in California, which has lost over 800,000 jobs in the last four years, point to a growing anti-immigrant climate in the state, particularly apparent in the San Diego area.

With us to discuss some of these issues are Muriel Watson of the organization Light Up the Border, which has drawn attention to the issue of the number of immigrants crossing the border by stationing cars with their headlights turned on facing Mexico. And Roberto Martinez, director of the American Friends Service Committee San Diego office. The AFSC has documented numerous cases of human rights abuses in the area. Welcome to Latino USA, both of you.

Thank you.

Muriel, let me start out with you. Would you like to see this border area right here between San Diego and Tijuana and this area here, would you like to see it closed? What would you like to see happen with the border?

I would like to see that border secured and I would like to see good business being transported back and forth between Mexico and the United States. I'm a member of the San Jacinto Chamber of Commerce and they're constantly saying that business is good between Mexico and the United States, but the drug smuggling and the alien smuggling distorts that good business and healthy climate. And unless we secure the border... No, I don't want it closed. I want it secure. I have no objections to legal immigration. But illegal immigration hurts everybody.

Roberto.

Well, before we address illegal immigration, as a human rights office, we're more concerned right now with the increase in human rights abuses by Border Patrol. These last few weeks, we've been receiving at least three to four cases a day of people coming across the border. [interruption]

Well, that's incredible.

Let me say my piece first. [interruption] With their heads split open. Two of them required surgery for internal injuries. We have two shootings right now, one in Calexico and one in MCC Jail right now by Border Patrol. These are all unarmed civilians. This doesn't even begin to address the day-to-day insults and racial remarks that Border Patrol uses on the buses and the trains. And I say this from firsthand experience, I don't say this from third-hand. I interview these people myself. Whether they're undocumented or coming across illegally or not, there still has to be respect for human rights, and then we'll address illegal immigration.

Well, then- [interruption]

What needs to happen on the border then, Roberto?

Well, like Muriel wants the border to become secure, we want Border Patrol to adhere to the policies that are already in place. There's laws right now that call for the respect of the rights and dignity of people crossing the border within IRCA, within the law- [interruption]

How about the immigration laws that are not being respected by Mexican nationals and others from South America? Those laws need to be respected, too. You can't ask for respect for the laws on the one hand and ignore the other laws

Well, see. You have to understand, and I know this is difficult, but hunger and poverty does not understand laws.

We understand that, but what about the Mexican government's responsibility on this?

Well- [interruption]

The host country has a responsibility.

Muriel, do you believe that this country which was built by immigrants and was a country-[interruption]

Hey, there's no denying that.

Do you believe that you can in fact completely closed down any kind of undocumented immigrants coming into this country? Do you think that that's realistic and that it's possible?

Yes, it is, because we haven't been doing it for the last 20 years.

So, how is it possible?

It's possible by the will of the people. Obviously, the Gallup Polls have said they want to put an end to illegal immigration. Those people who would like to immigrate to the United States, many of them want to come to just work. We have those facilities in hand to allow them to work legally, so that they can come back and forth. All of those mechanisms need to be brought forth by the Department of Agriculture and the Department of Labor, and to do it legally. There is no reason why we as a nation have to cope with this kind of silent invasion and the abuse that goes on both sides of the border. Border patrol agents are abused too.

But to shoot 15-year-old kids for having a rock, in the back or in the stomach or whatever, you know. [interruption]

Yeah, well, the rock was the first form of execution in written history. And when you've got 15-year-old kids in a pack of 200 throwing rocks at one single Border Patrol agent, his life is in danger. I have friends who were in the helicopter that was shot down by the bandits who didn't want the helicopter flying over that international line. I have Border Patrol agents that are shot at, Border Patrol agents that are rocked. All of these kinds of abuses go on, and Congress just sort of sits back-

Nobody condones that.

At this point, you're saying, Roberto, that there's no accountability... When the Border Patrol in fact violates, as you say, unarmed civilians, there is no one who they must be accountable to?

That's not true.

This was brought out very clearly two weeks ago when they announced the introduction of this bill to create a federal civilian oversight, that there is no system of accountability, no system of complaints.

When you say that no complaints are recognized, every time there is something that goes on as far as the Border Patrol is concerned, depending on the jurisdiction, either the sheriff's investigators take over, or the FBI takes over, or the San Diego police take over.

How many agents have been prosecuted for abusing an undocumented person?

Many of them have. Internally, they have been prosecuted.

How many?

Not one has ever been- [interruption]

Well, you know, prosecution follows through-

Are you saying that no Border Patrol official has been prosecuted for their…

In the dozens of shootings that have taken place over the last 10 years, not one agent has been prosecuted for shooting or killing an undocumented or unarmed civilian. In the abuse types, maybe one or two. The last criminal prosecution was of a Border Patrol agent in El Centro earlier this year for raping and beating a 16-year-old girl. He was sentenced to 24 or 25 years in prison.

How many undocumented immigrants have been shot and killed by the Border Patrol?

Oh, I've lost track. I mean, there was 30 or 40- [interruption]

How many of many have been shot and killed by smugglers and bandits down on the border? We don't have any track of that either.

That-[interruption]

The Border Patrol is just simply a policing arm of the United States government. And like all police agencies, it's suffering the same form of criticism that every other police force in the country is facing. But it is one of the tightest, one of the firmest, one of the most obvious to the public. I mean, they work down there in a fishbowl.

Let's just end up on this point. Is there any point, Roberto and Muriel, where your opposing views can ever come together? You both live in San Diego, you both live in an area that's a border. These things are not going to change overnight. Will you continue to be as far apart as ever or is there anything that can bring together these opposing perspectives? Roberto?

I guess as long as people don't understand why people come here and the poverty that brings them here, and never promote the contributions that Mexican immigrants have made to this state, the 4 billion agribusiness that's sustained on millions of seasonal agricultural workers and just targets the negative part of it, I think we're always going to be opposed to it. But also I think my problem too is that the anti-immigrant sentiment is getting so focused on undocumented problems that I think that if we don't begin to realize that immigrants are the ones that built this country instead of focusing on the negative, I think there we're always going to be poles apart. But I think people have to accept their responsibility for the growing anti-immigrant sentiment. And I think until that is addressed, we're going to continue being on different sides of the fence.

Muriel.

Well, I think what I'm hearing from Mr. Martinez is the fact that he would like to have open borders, and I think that sort of debate has to take place on the floor of Congress. We cannot have a law and then not enforce it. We cannot expect anarchy not to be taking place at those ports of entry. I mean, it's happening in New York State, it's happening in San Francisco, happened right here in San Diego. As long as people seem to feel that they can come to this country without permission, then we're going to have constant anarchy and danger to the people involved and to the law enforcement officers who are put out there by Congress to maintain that law.

Okay, thank you very much. Muriel Watson with the organization Light Up the Border, and Roberto Martinez with the American Friends Service Committee Border Office, here in San Diego. Thank you for Latino USA.

Thank you.

Thank you.

The growing backlash against immigration is leading to an increase in violence targeted at immigrants. Roberto Martinez of the American Friends Service Committee in San Diego says his organization is documenting several hate crimes each month with a number accelerating rapidly.

We're seeing a lot of cases of people who are beaten so bad that they're nearly killed. Hate crimes that's been on the increase against migrant workers and undocumented throughout the whole county, just roving gangs of whites. Some of them are organized, some not. Also, nearly beating these poor workers to death.

Martinez believes the violence is fueled by the growing number of anti-immigrant proposals being put forward by politicians. You're listening to Latino USA. Eight Cuban refugees sent back to Cuba when they shipwrecked on Mexican shores have been granted special visas to come to this country. Their repatriation had sparked protests by Cuban-Americans against Mexico. From Miami, Emilio San Pedro reports.

In Arizona, the scene of a number of alleged incidents of human rights abuse against Mexican nationals, a US border patrolman has been charged with the rape of an undocumented woman. Manuel Arcadia reports from Tucson.

According to a news release issued by the Nogales, Arizona Police Department, 31-year-old border patrolman, Larry Dean Selders arrested two Mexican women who had entered the country illegally. He then dropped one off, kidnapped the other and raped her in a remote location. Selders was arrested after the woman reported the incident to the Mexican consulate. This incident follows a sequence of human rights violations against Mexican undocumented workers in Arizona, like the notorious Michael Elmer case that ended up in the shooting death of 22-year-old Mexican National Dario Miranda Valenzuela and the exoneration of charges. Cases like this have prompted Arizona Congressman Ed Pastor to introduce legislation calling for the commission to investigate charges of human rights violations by US officials along the border for Latino USA. This is Manuel Arcadia reporting in Tucson, Arizona.

A much-cited Los Angeles report on the cost of immigrants to local government is being called into question. A report by the Urban Institute claims the LA County report overstated the cost of immigrants on local government services. You're listening to Latino USA.

In the intense anti-immigrant climate of California artists, David Avalos, Lewis Hawk and Elizabeth Cisco wanted to make a statement. They came up with a project called Arte Reembolso, Art Rebate in which the artists distributed marked $10 bills to undocumented day laborers to show how the immigrant's money circulates and contributes to the area's economy. That project though proved to be very controversial, so much so that the National Endowment for the Arts recently withdrew their funding with us to speak about the project is one of the artists. David Avalos is a longtime activist for immigrant rights and a professor at California State University at San Marcos. Now, some people might see this as a piece of art that was basically handing out money, giving away free money to undocumented immigrants. Can you tell us a little bit about what was the conceptual background behind this piece?

Well, interestingly enough, in the past, many projects that I've worked on have been criticized as a waste of taxpayer dollars. So Louis, Liz and I came upon the idea of taking the money for an art project and returning it to taxpayers who would think that anyone could criticize us for that? The only twist was that the taxpayers we chose to return the money to were undocumented workers, and that seems to be the problem in most people's eyes.

What exactly did you want to show by giving these undocumented immigrants money, though?

I think it's a very simple gesture. Louis, Liz and I pay taxes and we recognize that we're part of a tax paying community and we recognize the undocumented worker in the United States as part of that tax paying community. Many of them have taxes deducted, federal income taxes, for example, deducted from their payroll checks. Others pay taxes in a variety of ways whenever they fill up their car with a tank of gas, whenever they buy a pair of socks or a bar of soap in a Kmart. This is something that's been forgotten in all the hysteria and all the hatred that's been whipped up by politicians like Pete Wilson against the immigrant. So we think it's ridiculous when people criticize the undocumented for using taxpayer dollar supported services. Hey, they're taxpayers too. That's all we're saying.

Well, is this really an art project? Or is this more of using art to make a very definitive statement about immigrants' rights in this country?

It's definitely an art project. I think if you look at the $10 bill as a material of this project, instead of using bronze or marble or oil paints, we used as a material for this project, this $10 bill, I think it's pretty easy to realize that the monetary value of the bill has been replaced in the public's mind with a symbolic value of the bill. $1,250 is what we're talking about in terms of the NE's portion of the $5,000 commission.

We're talking about a molecule in the bucket, not a drop in the bucket, but what people are reacting to is not the monetary value, they're reacting to the symbolic value and I think they're reacting because it is so painful for many of us who want a simple answer to the economic problems in this country. It's so painful for many people to recognize, "hey, the undocumented are part of our community." Like it or not, they're part of the tax paying community like it or not. So we're dealing with symbols. Unfortunately in this country, the quote illegal alien has become a media symbol, a media celebrity. The hard-earned tax dollar is another cultural symbol in this country, and we put those two symbols together. We juxtapose them just as artists, juxtapose symbols and images all the time, and the reaction that we've seen is a reaction that is all out of proportion to the amount of money that we're talking about.

Pues, muchas gracias. Thank you very much. David Avalos, who along with Louis Hawk and Elizabeth Cisco have come up with a project called Arte Reembolso, Art Rebate in San Diego. Muchas gracias.

I'm Maria Martin. Reaction to and debate about President Clinton's Health Security Act of 1993 began long before the act was unveiled officially and is still going strong. Latino USA's Patricia Guadalupe spoke with Latino legislators and policy makers in the nation's capital. She prepared this report.

In what is called by analysts the most ambitious economic and social reform since President Franklin Roosevelt proposed social security more than half a century ago, President Clinton delivered his long promised plan to reform the current healthcare system. In a joint session of Congress, he outlined what he called six guiding principles. Security, simplicity, savings, choice, quality and responsibility, with the focus on universal access. Although President Clinton offered very little detail, particularly on how to pay for the new system, it was welcomed by both Democrats and Republicans in Congress. Democratic representative Ed Pastor of Arizona called this a first step in the right direction.

People want change and I'm happy that he took this bold step. It'll probably be the only step we'll have to change our health system and now it's up to us. He made the challenge to us. He said, "Here's a blueprint. Congress a year from now, give me the legislation back that makes every American secure in their in that they know they have health service available to them." And now the challenge is to us, and I hope we do it in a very nonpartisan way and get it done.

When President Clinton speaks of universal access to the healthcare system, he includes Puerto Rico. Under his plan, residents of the island will receive the same amount of Medicaid payments as those who live on the mainland. Under the current system, Puerto Ricans on the island receive only 20% of what they would receive if they lived here. Resident commissioner Carlos Romero Barcelo, Puerto Rico's representative in Congress, is pleased with the proposed change.

For the first time in our history, we're now going to be covered in equal terms with all citizens in the nation. Up to now, the Medicaid has not covered Puerto Rico. We have only gotten 79 million dollars and now for the first time we are going to be treated as equals.

But when President Clinton speaks of universal access, he doesn't include undocumented workers. Under his plan, only US citizens and legal residents will be included. Ira Magaziner, our chief advisor to the president on healthcare, explains why.

We're guaranteeing something to all American citizens. And they're not American citizens, they're not here legally and there's something that we think is not quite right about saying people who are illegally here should get a legal benefit from the country.

Activists have complained that this will actually cost more in the long run. Some go a step further and say excluding undocumented workers is discriminatory. Cecilia Munoz, Senior. Immigration Policy Analyst at the National Council of La Raza is one of them.

It's pretty clear that the decision's politically motivated, that the administration doesn't want to find itself in a position of having to defend taxpayer dollars being used to cover undocumented immigrants. Unfortunately, that decision's really not in the best interest of the public health in the United States.

Unlike some of the president's earlier speeches. Republican response to this one was generally favorable. While some said the proposed changes would create a huge unmanageable bureaucracy, most said they recognized the need for change. Republican representative Lincoln Diaz-Balart, Florida, says he wants to see change but not at the expense of what he calls the best system in the world.

And that's one of the problems when you have these socialized systems like in England where I hear that the people in Great Britain are extraordinarily dissatisfied with their system now because of the lack of quality and also the total bureaucratic morass.

In the next few weeks, president Clinton is expected to present to Congress details on how he plans to pay for the new system. It is on that particular issue where much debate is anticipated. For Latino USA, I'm Patricia Guadalupe in Washington.

President Clinton interviewed on Spanish language television, said he favors continuing educational and public health services for the undocumented and also statehood for Puerto Rico if the islands residents vote that way on November 14th. The border patrol's continuing blockade of a 20-mile area of the Texas-Mexico border is drawing fire from Mexican officials. Louie Saenz reports from El Paso.

Mexican government officials say they understand that the United States has certain laws that their country must obey. However, they feel that Operation Blockade is doing more than deterring illegal immigration. The Mexican Council General in El Paso, Armando Ortiz Rocha says the blockade is not good for US Mexico relations.

Mexico cannot fully agree with the operation because we think that it creates a unnecessary climate of tension.

He says Mexico is awaiting word from the American government as to how long Operation Blockade will continue. Border patrol officials say they are in daily contact with Washington and that operation Blockade will continue until further notice. For Latino USA, I'm Louie Saenz in El Paso, Texas.