Thread: Activist refuses deportation, takes refuge in church

http://www.chicagotribune.com/news/cust ... &cset=true

Activist refuses deportation, takes refuge in church

By Oscar Avila
Tribune staff reporter
Published August 15, 2006, 8:04 PM CDT

Taking refuge in a church, a prominent advocate for illegal immigrants publicly defied federal authorities in Chicago who were trying to deport her Tuesday.

Elvira Arellano, who became a national spokeswoman for families facing deportation, had been ordered to report to the Department of Homeland Security by 9 a.m.

Instead, Arellano appeared at the pulpit of Adalberto United Methodist Church in the Humboldt Park neighborhood, vowing before dozens of supporters that she would not return to Mexico "like a coward." She said she would stay in the church indefinitely with her 7-year-old son, a U.S. citizen.

Arellano's move, which apparently took many of her supporters by surprise, recalled the 1980s sanctuary movement, in which many liberal congregations around the U.S. took in illegal immigrants who were fleeing war in Central America.

Her supporters invoked the notion that lawbreakers can be protected in a house of worship, a tradition that dates to the ancient Greeks.

"If Homeland Security chooses to send agents to a holy place, I would know that God wants me to serve as an example of the hatred and hypocrisy of the current administration," Arellano said.

But defying the order also puts Arellano, 31, at risk of even stiffer punishment, including detention.

Because Arellano ignored her deportation order, officials with U.S. Immigration and Customs Enforcement said she is now considered a fugitive. Spokesman Tim Counts said agents have the authority to go into a church or anywhere else to make an arrest.

"We will take action at the time and place of our choosing," Counts said.

Legal experts agree that a church offers no formal protection, but they say it could put the government in an awkward position.

"Just because you are in a church doesn't mean you are less deportable in a legal sense," said Joel Fetzer, associate professor of political science at Pepperdine University. "But in a political sense, it looks very bad to be hauling people out of churches as the camera rolls."

Arellano, a cleaning woman at O'Hare International Airport, was arrested in 2002 during an immigration sweep aimed at securing the nation's aviation system after the Sept. 11, 2001, attacks. Authorities discovered she had been using a fake Social Security number to work and had previously been deported and re-entered the country illegally.

U.S. Sen. Dick Durbin (D-Ill.) and other members of the state's congressional delegation urged homeland security officials to let Arellano remain in Chicago to care for her son, Saul, born in the U.S., who has ADHD and other health problems. She was granted three stays of deportation starting in 2003.

No longer in hiding, she began to speak openly about her own experiences and became a symbol for the state's 400,000 illegal immigrants.

She took her case to Mexico President Vicente Fox and to the Statehouse in Springfield. She helped found and became president of United Latino Family, a Pilsen-based group that lobbies for families that could be split by deportation.

But some of those sympathetic to her cause, including Durbin, suggested that another stay of deportation would be harder to justify because her son's condition has improved. Immigration officials say that without a U.S. senator's request, they cannot grant such a stay.

"It is an unfortunate truth that scores of people are in the same situation as Elvira and her family," Durbin said in a statement Tuesday. "We cannot fix the injustices of this system with private bills. Only comprehensive immigration reform can permanently remedy this situation."

Now Arellano says her only option is to seek sanctuary.

In a 2003 article in a Harvard Law School journal, law professor Wayne Logan recounted how the Greeks and Romans offered limited protections to criminals who sought shelter in temples. In the 10th Century, England's civil authorities designated sanctuaries marked by a series of crosses, Logan said.

But the tradition faded, and these days, those who invoke sanctuary typically do so as a form of civil disobedience.

When churches and synagogues harbored illegal immigrants fleeing civil war in El Salvador and Guatemala in the 1980s, U.S. authorities charged and convicted several ministers. The U.S. Supreme Court in 1987 upheld the arrests, saying they did not violate freedom of religion.

But some religious leaders have said recently they are not bound to follow tough immigration laws they consider immoral. In March, Cardinal Roger Mahony in Los Angeles said he would urge priests to ignore a proposed federal law that would increase criminal penalties against those who assist illegal immigrants.

Fetzer, who has researched sanctuary movements, said that as more people face deportation, some may choose to follow Arellano's example.

Carlina Tapia-Ruano, a Chicago immigration attorney, said the defiance might make homeland security officials more determined to take action so they aren't viewed as soft on illegal immigration.

"Any attention given to this case makes the next step unpredictable, whether it is by the agency or whether it is by Elvira," said Tapia-Ruano, president of the American Immigration Lawyers Association.

Arellano's supporters say that if agents do try to make an arrest at the church, they want it to be a chaotic scene, much like the 2000 raid in which federal agents seized 6-year-old Elian Gonzalez to return him to his father in Cuba.

As her backers offered hugs and kind words, Arellano said she is prepared to pay the consequences of defying the U.S. government.

"If I have to spend 10 or 20 years in jail, I don't care," Arellano insisted. "Because I am going to fight."

"We will take action at the time and place of our choosing," Counts said.

Immigration Standoff Brews At Church

(CBS) CHICAGO An immigration standoff was brewing Wednesday morning on the near Northwest Side, where a woman who has become a prominent activist for illegal immigrants sought sanctuary rather than turn herself in to deportation to Mexico as directed by federal authorities.

As CBS 2’s Kristyn Hartman reports, overnight, Elvira Arellano’s supporters locked the doors and said prayers to keep her in the country.

"I'm not going to leave. This is a place where God has put me, this is God's will and I'm going to stay here," Arellano said in a phone interview from the Adalberto Memorial United Methodist Church, at 2716 W. Division St.
Arellano, 31, is a single mother with a 7-year-old son, Saul, who was born in the United States and is a U.S. citizen. On Tuesday night, he also was inside the church, snuggling with his mother on a church pew and playing with supporters' children, but Arellano said he becomes tearful when worried they will be separated.

Arellano was supposed to surrender on Tuesday to be deported. She has been arrested and deported from the country twice for using false documents.

"I want to stay here for my son. I want to give him a better future, a better life," she said in Spanish, speaking through a translator.

On Wednesday morning, Arellano said tearfully in English: “I am a single mom. My son, he is a citizen. I am not a terrorist. I am not a criminal. I am a mom. He is my son.”

Arellano first was deported from the United States shortly after illegally crossing the border in 1997, according to U.S. Immigration and Customs Enforcement. She says she returned within days, went on to live in Oregon for three years and moved to Chicago in 2000.

She was arrested in 2002 at O'Hare International Airport, where she was employed as a cleaning woman, and subsequently convicted of working under a false Social Security number.

Arellano was ordered to appear at the immigration office in downtown Chicago at 9 a.m. Tuesday, but instead went to the church in the neighborhood of Humboldt Park.

Living inside a church does not offer her protection from arrest and deportation, according to federal officials, who declared her a fugitive.

"There's nothing that prevents us from arresting anyone who has an outstanding deportation order anywhere in the United States," said Tim Counts, a spokesman for Immigration and Customs Enforcement.

"We will apprehend her at a time and place of our choosing," Counts said.

While Arellano has been waging her own personal battle to remain in the United States, she became politically and socially active as well. She now is president of United Latino Family, which lobbies for families that could be split by deportation.

Arellano has received support from several Democratic politicians over the years. Sen. Dick Durbin, D-Ill., said he introduced a private bill that provided Arellano one stay in her deportation proceedings, but that there is nothing more he can do.

"It is an unfortunate truth that scores of people are in the same situation as Elvira and her family," Durbin said in a statement. "We cannot fix injustices of this system with private bills; only comprehensive immigration reform can permanently remedy this situation."

The church's pastor, the Rev. Walter “Slim” Coleman, said his congregation decided to offer Arellano refuge after praying about her plight.

"In this case, we feel we have to obey God," Coleman said. "That's what we have to do, no matter what the consequences are. I'm a lot more afraid of God than I am of Homeland Security."

Coleman, who became known for his work as a political activist in the Uptown neighborhood in the 1980s, said Tuesday that he doesn't believe Arellano should have to choose between leaving her son behind in the United States and removing him from his home.

"She represents the voice of the undocumented, and we think it's our obligation, our responsibility, to make a stage for that voice to be heard," he said.

Another supporter said Arellano believed she was following a higher law by staying in the church.

“Elvira is taking the point of view that, ‘You know what, I’m going to follow God’s law, and God’s law says that I shouldn’t be separated and I should take care of my son,’” said Arellano supporter Roberto Lopez. “So we’ve got to see how this develops and we’re going to remain with her at her side in prayer.”

Mayor Richard M. Daley has left a letter at the church supporting Arellano, indicating that she should be allowed to stay because of her son and because she is a leader in the community.

But federal authorities said Arellano willfully violated U.S. immigration laws and "is now facing the consequences of her actions," according to a statement from Immigration and Customs Enforcement.

"ICE is required to enforce the nation's immigration laws and ensure that they are applied fairly," the statement read, "without regard for a person's ability to generate public support."

But her supporters are comparing her to civil rights activist Rosa Parks.

"Elvira is not going to go to the back of the bus so somebody else can sit there while they treat her differently," said Ema Lozano of Center Without Borders. "Elvira is here, she works hard, her kid is a U.S. citizen, they allowed her to come into the country."

CBS 2's Rafael Romo contributed to this report

http://cbs2chicago.com/topstories/local ... 55757.html

Mayor Richard M. Daley has left a letter at the church supporting Arellano, indicating that she should be allowed to stay because of her son and because she is a leader in the community.

I certainly hope Chicago voters are paying attention! Mayor Daley, like Arellano, is openely in defiance of our immigration laws and has no regards for those laws. Please let Mayor Richard M. Daley know how you feel concerning his support of Arellano:

MayorDaley@CityofChicago.org

It's not hard to get a paper saying you are a minister. You can even create your own church. This guy is no more a real minister than I am. The building he's in is a store front in a strip mall. It's a shady way to cover up things......not a real place of worship. Another way to abuse the loopholes in the system and pray on the sympathies of people.

http://www.wral.com/apnationalnews/9687354/detail.html

Elvira Arellano, left, sits with her 7-year-old son Saul Arellano on a pew inside Adalberto United Methodist Church in Chicago on Tuesday, Aug. 15, 2006. Elvira took refuge at the church, which granted her sanctuary, after she decided not to turn herself into Homeland Security officials for deportation to Mexico. Saul was born in the United States and has citizenship, so the deportation process could separate mother and son.

Looks like a gathering is starting.....

I hope they brought gas masks and eye protection!

"Just because you are in a church doesn't mean you are less deportable in a legal sense," said Joel Fetzer, associate professor of political science at Pepperdine University. "But in a political sense, it looks very bad to be hauling people out of churches as the camera rolls."

My suggestion for ICE would be to let the press lose interest, then pick her up at 3AM some morning. She'll be back in Mexico before the press even hears about it.

Sheesh...does that mean I can break the law and run to a church for sanctuary? Will the mayor take my side even though I have broken several laws?

Since I am legal, I would be put in jail and left to rot. Only illegal invaders are above the law.

The church's pastor, the Rev. Walter “Slim” Coleman, said his congregation decided to offer Arellano refuge after praying about her plight.

The Rev. "Slim" should be arrested for aiding and abetting. Then this church needs to have it's tax exempt status revoked.

"Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Enforcement

A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.

RICO -- Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT ASSOCIATIONS.

Tax Crimes

Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In additon to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens."