Featured Entries

SCSJ charter school case raises statewide policy questions

http://www.ncpolicywatch.com/2013/08/14/private-turned-charter-school-raises-questions-of-access/ Private-turned-charter school raises questions of access Posted on 8/14/2013 by Lindsay Wagner  Print This Article
The actions of a private-turned-charter school in Robeson County…

North Carolinians Called to Stand For Immigrant Justice after Supreme Court Ruling on Arizona’s SB1070

For those on the ground in the migrants’ rights movement, this week’s Supreme Court decision means that we still have much work to do to achieve true justice for our communities. On Monday morning the Supreme Court of the United States announced its decision on Arizona’s SB1070, overturning major portions of the law but upholding the notorious section 2B--which requires law enforcement officials to check the immigration status of anyone they arrest or detain and have “reasonable suspicion” to believe is unlawfully present in the United States. Section 2B-- popularly known as the “Show me your papers” provision --has been widely criticized for mandating racial profiling. The Supreme Court struck down the three other major provisions of SB 1070, which would have made it a crime for undocumented immigrants to not apply for a registration card and carry it at all times (section 3); made it a crime for unauthorized immigrants to apply for, solicit or perform work (section 5C); and authorize law enforcement officials to arrest immigrants without a warrant if they have “probable cause” to believe they have committed an offense that makes them deportable, even if they are lawfully present in the U.S. (section 6). On the one hand, the Court’s decision sends a strong message to states considering copycat legislation, like North Carolina, that the federal government, NOT state governments hold the power to author and enforce immigration law; however, the decision does not address the existing immigration enforcement crisis pursued and implemented by our federal government. These programs are part of an anti-immigrant policy of “attrition through enforcement”, which attempts to make life so hostile and unlivable for immigrants that they opt to self-deport. Federal support and amplification of deportation through Secure Communities and the 287(g) programs have fostered attrition and created an environment in which states like Arizona feel able to take extreme enforcement measures against immigrants. While policy and advocacy groups are rightfully celebrating that three provisions of SB 1070 were struck down and that the ruling leaves open the possibility to overturn section 2B with pending litigation from civil rights organizations, the ruling is not as celebrated by those most directly impacted by these laws. The many consequences of unjust immigration enforcement are raw for those who continue to live in fear of being separated from family members and their communities. They know firsthand the impact of racial, ethnic and religious profiling, which they expect section 2b to amplify, and its resultant deportations. An organizer from the grassroots organization Puente Arizona said to the press Monday afternoon, “We do not call it a victory. People are very upset and confused. They are scared to see what will come up.” Rather, the cause for celebration for migrant communities and their allies in Arizona this week is their ongoing struggle for self determination based on human dignity and human rights. Pro-migrant organizers on the ground in Arizona and across the country have fearlessly stood up to racism and xenophobia with the mantra “We will not comply”. This grassroots movement will remain vigilant as section 2B comes into effect. They will the monitor implementation of the law by Arizona Gov. Jan Brewer, who heartily announced to the press shortly after the ruling, “After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.” In Arizona, the migrant’s right movement will not stop fighting until SB1070 is repealed and the full rights of immigrants are respected. In North Carolina, this ruling and its aftermath holds particular significance. Members of the General Assembly’s Select Committee on Immigration that met earlier this year said they would wait on the Supreme Court ruling before trying to move forward on any kind of Arizona copycat legislation. Based on this week’s decision, it is extremely unwise of them to pursue it. However, it is also important to recognize that immigrants in North Carolina already face extreme persecution. Secure Communities, a mandatory biometrics program that merges FBI and Immigration and Customs Enforcement databases when a person is being booked in a jail, no matter what the allegations against them, has been implemented in all 100 North Carolina counties. Since November 2008, 5,731 immigrants have been deported under the Secure Communities program. North Carolina also has 7 active 287(g) agreements, which enable local police to enforce immigration law. Since 2006, 18,922 immigrants have been identified for removal under 287(g) Memoranda of Understanding. Consequently, undocumented immigrants in North Carolina are subjected to a deportation apparatus with or without a SB1070 copycat. The messages North Carolinians of conscience need to take away from the Arizona experience are first and foremost, to fight back against any policies that erode the civil rights of immigrants in our state and to organize for nothing less than full rights for all. Locally, that will likely mean fighting harder to end Secure Communities and the 287(g) program. This ruling is an opportunity for us to build a stronger, more vibrant movement; to expose what is happening to immigrants in their everyday lives under North Carolina’s attrition tactics and to build bridges with other communities experiencing oppression; and lastly, to prepare our communities for the struggles ahead, making it known that we will not allow bigotry and xenophobia in our state. At this critical moment, it is the responsibility of all North Carolinians of conscience to stand on the right side of history and act in solidarity with targeted communities. We are tasked to provide support to those at the center of the movement with resources, time, and action. As we have learned from the civil rights movement, it’s a long walk to justice but justice will indeed prevail. 1 (http://www.ice.gov/doclib/foia/sc-stats/nationwide_interop_stats-fy2012-to-date.pdf , pg. 4) 2 (http://www.ice.gov/doclib/foia/reports/287g-masterstats2010oct31.pdf

Census Bureau Releases Estimates of Undercount and Overcount in the 2010 Census

The Census Bureau released its Census Coverage Measurement Estimation Report on May 22, 2012, which provides a measure of accuracy for the 2010 Census. This report includes estimates for undercounts and overcounts broken down by race and ethnicity, and compares these numbers against the 1990 and 2000 Censuses. According to the official press release:

“The 2010 Census undercounted 2.1 percent of the black population, which was not statistically different from a 1.8 percent undercount in 2000. In 2010, 1.5 percent of the Hispanic population was undercounted. In 2000, the estimated undercount of 0.7 percent was not statistically different from zero. The difference between the two censuses was also not statistically significant.”

These findings show a consistent undercounting of minorities throughout the United States “[b]ecause ethnic and racial minorities disproportionately live in hard-to-count circumstances,” according to U.S. Census Bureau Director Robert Groves.

Nationwide estimates for undercounts and overcounts are shown in the table below:

Source: Census Coverage Measurement Estimation Report: Summary of Estimates of Coverage for Persons in the United States http://2010.census.gov/news/pdf/g-01.pdf

The full press release can be viewed at the following link: http://www.census.gov/newsroom/releases/archives/2010_census/cb12-95.html

Stand Up to Hate: Vote Against Amendment One Today

Today the Southern Coalition for Social Justice is standing with the LGBTQ community and fair minded North Carolinians in asking all North Carolina voters to stand up to hate by voting AGAINST Amendment One. Amendment One, which seeks to define marriage as a union between one woman and one man would: • take domestic partnership benefits from all unmarried people • take health benefits from kids of all unmarried people, and • restrict the rights of domestic violence survivors who are being hurt by people they are not married to This amendment would have broad impacts on many North Carolinians, but it explicitly seeks to attack LGBTQ community members. In North Carolina, same sex marriage is not legal, thus at its core this amendment seeks to further alienate LGBTQ people from our communities. As a social justice organization, we stand for the equal rights and humanity of all persons. Please, go to the polls today to vote NO on Amendment One and make sure your friends and family know why you are against this amendment. We thank everyone who has been involved in this important human rights struggle. For more information about Amendment One see: http://www.protectallncfamilies.org/home http://southernersonnewground.org/ http://www.naacpnc.org/

SCSJ conducts Wills Clinic in Edgecombe County

SCSJ conducted its sixth wills’ clinic in Tarboro, North Carolina, on February 18-19. These wills’ clinics are part of SCSJ’s efforts to prevent heirs’ property passing without a will, a leading cause of family land loss in the South. During the most recent clinic, 20 Edgecombe County residents had 74 end of life documents made free of charge. This was the most individuals ever participating in an SCSJ wills’ clinic as well as the most documents produced. Coordinating partner and Edgecombe County Extension Service Community Rural Development Agent Jamilla Hawkins says, “This clinic is invaluable to our county. I am delighted to see so many people take advantage of this service.” Many thanks to everyone who made the service possible: SCSJ staff attorney Chris Brook, the office of the Edgecombe County Agricultural Extension, and the nine law student volunteers from Carolina and Campbell Law who interviewed clients and assisted with end of life document drafting.

NC Immigrant Community Panel Discussion

Staff attorney Chris Brook spoke at Carolina Law on February 21, detailing SCSJ and the Carrboro community’s successful 2011 effort to repeal the town’s unconstitutional anti-loitering law and how it represented the capacity of the North Carolina immigrant community to overcome the challenges it faces. The panel discussion, entitled “The Street Corner Next Door,” was sponsored by the Immigration Law Association and the National Lawyers Guild and also featured representatives from the North Carolina DREAM Team, the UNC Center for Civil Rights, the North Carolina Immigrants Rights Project, and the ACLU of North Carolina. Brook highlighted how the ordinance applied only to the Carrboro street corner frequented by predominantly Latino day laborer, making it more difficult for them to find employment as well as infringing upon their First Amendment rights. The panelist agreed immigrants faced an inhospitable climate through the nation as well as within North Carolina currently, but held out the Carrboro example, among others, as demonstrating the power of community-drive efforts.

CARRBORO BOARD OF ALDERMEN UNANIMOUSLY RESCIND ANTI-LOITERING ORDINANCE

The Carrboro Board of Aldermen unanimously rescinded the town's anti-loitering ordinance, which had previously made it a misdemeanor for any person to "stand, sit, recline, linger, or otherwise remain" on the corner of Jones Ferry and Davie Roads between 11AM and 5AM. This corner is the gathering place for predominantly Latino day laborers to find employment in Carrboro. The ordinance's rescission culminates a four month campaign against the ordinance led by SCSJ, beginning with a letter from SCSJ staff attorney Chris Brook highlighting the ordinance's unconstitutionality continuing through a press conference noting how the ordinance made it harder for day laborers to find work and ultimately leading to the unanimous vote. Ordinance opponents jammed Carrboro Town Hall Tuesday evening with speaker after speaker underlining how the ordinance was inconsistent with Carrboro's worker and immigrant friendly reputation. Amongst these speakers were three Latino day laborers who had lost work opportunities during the four years the ordinance was in place. "I respect the community. I respect the police. All I want is to work," said day laborer Santiago Hernandez. Town Hall erupted in applause at the close of the Board's vote to rescind. "Carrboro residents, more than 150 of whom signed a letter to the Board of Aldermen calling for the ordinance's repeal, made their voices heard loud and clear on this issue," said SCSJ staff attorney Chris Brook. "Its repeal is a victory for the dignity of individuals simply seeking to put food on their families' tables. We applaud the Board for rescinding this ordinance and hope it is the first step in bringing Carrboro together to collaboratively and creatively address the challenges facing day laborers in our community." In addition to the more than 150 Carrboro residents signing onto the letter to Board of Aldermen, the effort to rescind the ordinance mobilized an unprecedented number of groups in community including SCSJ, the UNC Center for Civil Rights, the UNC Center on Poverty, Work and Opportunity, the Carolina Law Immigration/Human Rights Policy Clinic, the Carolina Law Civil Clinic, the Chapel Hill/Carrboro branch of the NAACP, the Chapel Hill/Carrboro Human Rights Center, the ACLU of North Carolina, the North Carolina Justice Center, the National Day Laborer Organizing Network, and the N.C. Immigrant Rights Project.

Anti-Loitering Ordinance Press Conference

At 11AM on October 18, 2011 three dozen Carrboro residents gathered at the corner of Davie and Jones Ferry Roads in violation of the town’s anti-loitering ordinance. The ordinance makes it a misdemeanor to "stand, sit, recline, linger, or otherwise remain" on this corner "between the hours of 11 a.m. and 5 a.m." Day laborers impacted by the ordinance, attorneys underlining its unconstitutionality, and residents who believe the ordinance is contrary to Carrboro’s welcome, progressive reputation all called for its immediate repeal. “This is one of the only venues where we can provide for our families,” day laborer Angel Martinez told the crowd. “Once we are asked to leave, there’s nowhere else we can go.” SCSJ staff attorney Chris Brook opened the press conference by reading a letter signed by 115 Carrboro residents to the Board of Alderman highlighting that the ordinance "violates the civil and human rights of any person who would otherwise lawfully be present at the intersection." Prior to its start, Carrboro announced they would not seek to enforce the ordinance to disrupt the press conference. Brook highlighted the problematic nature of this selective enforcement noting, “Our First Amendment rights are not being obstructed today, but day laborers’ rights are infringed upon every day.” For more on this press conference please visit: http://www.indyweek.com/triangulator/archives/2011/10/25/group-calls-for-end-to-carrboros-anti-lingering-ordinance

Anti-loitering law challenged

From SCSJ and several other organizations sent a letter to Carrboro Town Attorney Michael Brough explaining the unconstitutionality of the anti-loitering ordinance. SCSJ and several…

Rally in Raleigh this Thursday against NC DOMA

The Sexuality and Gender Alliance (SAGA), GetEQUAL NC and otehr groups fighting for LGBTQ rights are organizing a rally for this coming Thursday (June 2) against SB106 and HB777, the North Carolina counterpart to the Federal Defense of Marriage Act (DOMA). Read their press release below: Contacts: Jonathan Green President, Sexuality and Gender Alliance (SAGA) Boone, NC Phone: 336-404-7147 Email: jsg47235@yahoo.com Angel Chandler North Carolina State Organizer, GetEQUAL Asheville, NC Phone: 828-337-1292 Email: angel@getequalnc.org Rally in Raleigh For Equality On June 2, 2011 from Noon - 2:00 PM North Carolina based groups Sexuality and Gender Alliance (SAGA) and GetEQUAL NC unite with other groups and individuals to fight SB106 and HB777 (the North Carolina anti-gay super-DOMA (Defense of Marriage Act) on June 2, 2011. We will gather at the Halifax Mall at 16 W. Jones Street in Raleigh at Noon. SB106 and HB777 must be stopped and it is up to LGBT groups, individuals, and allies to do so. The proposed legislation would not only put an anti-gay marriage amendment on the 2012 ballot, it would also prevent private businesses and municipalities in NC from offering domestic partnership insurance benefits and make null and void Domestic Partnership Registries in the three cities in NC that offer them (Chapel Hill, Asheville and Carrboro); basically, it would end all relationship recognition outside of heterosexual marriage. According to Jonathan Green, President of SAGA, "In this time of misunderstanding and struggle it is important that there are those who are beacons of light, truth, and understanding and I am standing as one of those beacons and want you to join me and allow the only sovereign to rule you to be reason so that truth can finally take hold and prevail over those who want us to remain unequal so that we can be recognized for what we are, human beings who want and need to be recognized as equal citizens across our wonderful state!" Angel Chandler, North Carolina State Organizer for GetEQUAL NC, stated "You've heard the saying 'If you are not outraged you're not paying attention', but outrage is easy, action is hard. We have to be willing to do more than sign a petition or send in an email to our representatives. We have to be willing to take action. On June 2cd we will take a stand to let our North Carolina lawmakers know that we refuse to be even further alienated from and discriminated by our government. We are all equal, and it is time our government started treating us as such." Our message to NC legislators: we are your neighbors, your doctors, your lawyers, your teachers, your child care providers, your mothers, your fathers, your sons, your daughters, your brothers, your sisters. We are your constituents. We are your fellow human beings. We deserve more and will no longer settle for less than equality. - ‘Rally in Raleigh’ speakers include: Rep. Susan Fisher (D-Buncombe) Rep. Patsy Keever (D-Buncombe) Chelsea Sayre, GetEQUAL NC Angel Chandler, GetEqual NC Jonathan Green, SAGA * More speakers to be announced * Rally in Raleigh For Equality! Thursday, June 2, 12:00 – 2:00 PM Halifax Mall 16 W. Jones Street Raleigh, NC