Immigration and Human Rights
on the U.S. / Mexico Border
Part 2: In Search of Work
Interview with Roberto Martinez
San Diego, California
Roberto Martinez
is director of the U.S. / Mexico Border Program, an immigration law
enforcement monitoring project of the American Friends Service
Committee. In 1992, he became the first U.S. citizen to be honored as
an International Human Rights Monitor by the international human rights
organization Human Rights Watch. He has been a Chicano civil rights and
human rights activist for the past 20 years. This interview was
conducted in 1997 in San Diego by Nic Paget-Clarke.
Jobs, Raids and the Mexican Economy
In Motion Magazine: Why are people moving across the border?
Roberto Martinez: It's
still about jobs, though more and more it's also about family
unification. People have immigrated, gotten their amnesty, and are
sending for their families - wives, children. But it's still the lure
of jobs. the demand for jobs. It's just like drugs. If there wasn't
such a great demand for drugs in the United States, there probably
wouldn't be any drug trafficking. Same with jobs, the United States
created the immigration crisis by sending for, inviting, people to come
and work here in the United States. There's still a big demand for
cheap labor. In California we have a $30 billion agri-business which
wouldn't even exist without cheap labor over the years from Mexico, the
Japanese, the Filipinos and others who all came here to build
agribusiness.
Immigrants built our railroads. They worked our mines.
The U.S. contracted with Mexicans to come to work here in the '30s and
'40s and '50s. Then the xenophobia started, the scapegoating, and you
had massive raids and deportations of hundreds of thousands of
Mexicans. U.S. citizens and legal residents as well as undocumented
were all sent to Mexico in the '30s and '40s and '50s. I was part of
that.
In the '50s during Operation Wetback, and even though I'm a fifth
generation U.S. citizen, right on these streets around here I used to
be stopped on the way home from school, or visiting my girlfriend, or
going downtown. The police used to smack me up against the wall and
call the Border Patrol -- and they used to try and deport me. At least
every other week. They used to take me out of jobs, after school jobs,
in restaurants, hotels.. I was part of that in the '50s.
You keep hearing people like Brian Bilbray (U. S. Rep. R-Del Mar,
California) or the President say we have to play by the rules. How come
they didn't play by the rules? They keep saying this is a country of
laws. Where were the laws when people like me were being arrested and
they tried to deport me?
Where are the laws now? When U.S. citizens are coming across the
border, their documents are being confiscated, they are being forbidden
from entering the country. Even though they are born here. Right now,
as I speak, we've got three law suits going in north county where
police and Border Patrol are breaking into people's homes without
search warrants. This is under the pretext of looking for drugs or
illegals. Then they beat up the people, mace them, put bogus charges on
them Then they have to go to court. Why aren't they playing by the
rules?
In other words, we have a double standard in this country. We always
have. For Chicanos like me, for 150 years there's been
institutionalized racism and violence. And it's still happening. Next
year we are going to mark the 150th anniversary of the Treaty of
Guadalupe Hidalgo
(editor's note: the treaty signed by the U.S. and Mexico after the
U.S./Mexico War. As a result of the war the northern half of Mexico
became the southwestern part of the U.S.). We're still fighting the same racism, the same xenophobia, the same scapegoating.
In Motion Magazine: What's the objective of these house raids?
Roberto Martinez: Searching
for drugs and undocumented people. There's parts of Oceanside with big
barrios of Mexican people. And a lot of them are undocumented, but they
don't know this, they just suspect there might be a house full of
undocumented. They lump us all together, we are all suspects. We're all
illegal immigrants, criminals or drug traffickers.
If
those bills pass we're going to have occupied cities along the border.
Where are you going to put 10,000 troops? Plus 10,000 Border Patrol
agents. And that's just those two. Local law enforcement is now
authorized to work with federal agents. In many parts of the border,
like in east county, you can see national guard, sheriffs, Border
Patrol all on Hiway 94.
This has already been authorized by legislation.
In Motion Magazine: This is an increase in the use of the military?
Roberto Martinez: A tremendous increase since the 1980s.
In Motion Magazine: Does this correspond with an increase in the development of the maquiladoras?
Roberto Martinez: It's
related more to the continued devaluation of the peso. Particularly
when Zedillo took over and thrust Mexico into a tremendous depression.
There's been a lot of political upheaval, but primarily it's the
poverty to the south. We are seeing an increase of people coming from
Mexico and other parts of the world.
The value of the
peso is going down, while the prices are going up. Salaries are not
growing with inflation. People cannot afford to feed their families.
We're seeing more and more families coming north. A good measurement is
we're seeing ten times more women crossing at the ports-of-entry
with fraudulent documents so they don't have to cross through the hills
because it's very dangerous there. Women are being raped and
disappearing. They are taking to using fraudulent documents.
Under U.S. attorney Alan Bersin's new
1326 program against illegal entry, migrant women are being prosecuted
and sent en masse to Las Vegas and other areas where they are spending
6 to 8 weeks before they go to court. There's a lot of pain caused by
the separation from their children and husbands. We get calls all the
time: "What happened to my wife? She tried to cross the border using
fraudulent documents." They hold women for weeks some times before
allowing them to call home, or anywhere. It's a very sad part of this
whole situation.
This current operation, Operation
Gatekeeper, which concentrates border agents in San Ysidro, is forcing
migrants to cross further east, a very dangerous area in the mountains.
In January alone about 17 men and women died in the cold, the snow and
rain. It's creating a whole new human rights problem for us.
We've also been doing a lot of studies on the Mexican side of migrants
who have been deported, from Tijuana all the way to Mexicali. More and
more migrants are even crossing in the desert. This summer there's been
a lot of people dying in the desert because of the push to the east,
the militarization.
Reforms
In Motion Magazine: How would you change the laws?
Roberto Martinez: Two
things. First we have to get control of the human rights problem. We
need better training of the agents so they won't abuse the migrants.
Several of them have been indicted recently for rape, beatings and so
on. Fortunately, we haven't had any shootings here since the early
nineties.
Secondly, once we get the human rights issue
under control we need to revisit our immigration laws. We have three to
five million undocumented migrants in the U.S. and we have to look at
the whole amnesty issue all over again. We have to find ways that
people can cross to the U.S. and work legally. That's something that
has to be agreed on by immigrants rights groups as well as by
Congressional leaders and immigration authorities. Sooner or later they
are going to have to revisit the whole amnesty issue.
They've just finished passing a new immigration reform responsibility
act. But all it did is make it harder to immigrate. Now, even if you're
a U.S. citizen or legal resident you can't automatically immigrate your
family. The question now is one of being able to support your family.
You have to be able to make a certain amount of money, 70 to 125% of
the poverty level. You can only immigrate your parents. A son or
daughter can't be over 21. There's a whole set of restrictions now that
are making it twice as hard to immigrate your family members. And yet
they talk about family unity.
Also, they've eliminated waivers and due-process. People seeking asylum
can be ajudicated right at the border. The INS has offices now at the
airports. If they don't believe you, or you don't have a strong case
for amnesty or asylum, they just send you back to the country you came
from.
There's a wave of illegal immigration because people are desperate to
come here to work. Other people are desperate because they are fleeing
persecution. There's still a lot of human rights problems around the
world. People are going to continue to come here.
Scapegoating
It's
estimated that 40% of the people who enter illegally cross through the
borders. The majority of people enter the country legally and over-stay
their visas. And yet 85 to 90% of the enforcement is at the border.
In Motion Magazine: Why is that?
Roberto Martinez: Because
of the rhetoric and because of the distortion of the truth that there's
an invasion at the Mexican border of the U.S. It's just a lot of scare
tactics that they use to justify increasing the border militarization.
And people buy into it.
In Motion Magazine: Immigration is politicized during political campaigns, or whenever there's an opportunity?
Roberto Martinez: Oh absolutely.
In Motion Magazine:How much of that is opportunism, and how much of it is actually related to economic policy?
Roberto Martinez: There
have been many studies that show that immigrants don't take jobs away
from Americans. They actually contribute more than they take out in
terms of services . The enormous economic contributions in the billions
of dollars, taxes, federal and state, actually completely offset what
ever are used in services. Migrants do use services but not to the
extent that they say.
These are campaigns based on
misinformation and distortion of the truth. Ofcourse there are
counter-studies on the side of the people who want to blame immigrants.
The most notorious one is out of Rice University, by a guy named Donald
Huddle. He puts one out, then the Urban Institute puts out another one
to counter that. You hear both sides, but when you hear (California
Governor) Pete Wilson talk, or some of these right-wingers who want to
blame immigrants, they use Huddle's study not the Urban Institute's.
But the fact remains that immigrants do contribute to our economy and
revitalize our communities. They create jobs for Americans through
their entrepeneurship, mostly in small businesses. Opponents to
migrants haven't yet been able to show concretely where immigrants
displace Americans from their jobs. I've been reading in the papers
about the sweeps around the country, particularly in the midwest and
they claim they've got to make room for Americans but Americans aren't
going to work in meat-packing in Iowa and Nebraska where they make
these sweeps.
I used to have an office in Oceanside in the middle "80s. At that time
I was working with the farm workers to register people for amnesty. In
the same time frame, Howard Ezell was the western regional INS director
based in L.A. He ordered massive raids on the farms and at race tracks
in Del Mar and Santa Anita. He concentrated on the Riverside county and
Orange county areas. He must have had four or five thousand
undocumented workers rounded up. He displayed them on the side of the
freeway (I have pictures of it) showing this is why we don't have jobs
in America and this is why we don't need amnesty. He called it
Operation Jobs, and once they were all deported he sent out job notices
to replace the deported workers. He sent notices to colleges,
unemployment offices, anywhere where people needed jobs. And people
came out. They signed up for these jobs.
The first ones to go were the ones who went to work out on the farms, 8
or 10 hours a day, stooped over in the hot sun. They didn't last even a
week. The ones at the race-track who cleaned out horse stalls didn't
last two weeks. Ezell had to eat crow by making deals with these
employers that they could get their workers back and that the Border
Patrol couldn't raid those farms and racetracks anymore. You should
have heard all the complaints by these employers. Following that, the
growers complained to Pete Wilson about these raids on the farms and he
had to make a legal agreement that he wouldn't raid the farms during
harvesting time. This was all in the media. They need the workers.
I have interviewed farm workers in north county and at the border and
they tell me that when they cross in groups the Border Patrol stops
them and ask them where they are going. If they say they are going to
Los Angeles or San Francisco they put them in the van. If they say they
are going to north county to pick strawberries, because they need
workers there, they'll let them go. They get to go free. This tells you
what a political football immigration is. And that's why the Border
Patrol is against having the military at the border. Not only is it
possible that the military might replace them, but also they are not
going to be able to allow these workers through where they need them
here in north county or Salinas, or Fresno. It's a labor issue.
Part 3 - The Needs of Agribusiness
- Soldiers: U.S. and Mexican
- Filling a Need for Labor
- Discrimination in Immigration Enforcement
Published in In Motion Magazine September 14, 1997.
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