Author: mopress

  • A Press Conf. on DHS in the Hurricane Season & a Vigil Against the Death Penalty

    By Nick Braune
    Mid-Valley Town Crier
    by permission

    On Monday morning I attended a press conference called by the South Texas Civil Rights Project in front of the Edinburg, Texas Border Patrol office. (It’s a military-like fortress, with ugly fencing and heavy gates.)

    The event, timed to mark the beginning of the Rio Grande Valley’s infamous “hurricane season,” was organized to demand that the Border Patrol make public their policy about hurricane evacuations: Specifically, in the event of a hurricane evacuation, will the Border Patrol be checking evacuees’ IDs, trying to figure out who is in the country legally and who is not?

    If Homeland Security (DHS) does not tell the public whether it will check IDs, then many undocumented immigrants and their family members can be expected to remain in the Valley in the event of a hurricane, risking being killed by the flooding to avoid deportation or imprisonment.

    Chanting “What do we want? Answers!” those organizing the press conference demanded to know which DHS values more: capturing undocumented immigrants or protecting human life? Unfortunately, the answer is pretty clearly the former. Last summer, the Border Patrol refused lawyers’ requests that it make its hurricane evacuation policy public.

    In an area of the country where there have been many terrifying Border Patrol and ICE operations on immigrant neighborhoods and where the border is highly militarized, a near police state, a hurricane would be the kind of disaster the DHS could exploit to round up even more immigrants and create more fear. (If you’re interested in the connection between disasters and police states, Naomi Klein’s book The Shock Doctrine: The Rise of Disaster Capitalism is a fun read. And it has interesting comments on Katrina.)

    The press conference was sponsored by the South Texas Civil Rights Project, LUPE (La Uni*n del Pueblo Entero/Uni*n of the Entire People, the community activist arm of the United Farm Workers Uni*n), a pro bono immigration lawyers’ group (Texas RioGrande Legal Aid), and Brownsville-based organization CASA (Coalition of Amigos in Solidarity and Action). Other groups nationally have joined in signing a letter to DHS Secretary Janet Napolitano, demanding that the Border Patrol release its hurricane evacuation policy to the public.

    * * *

    This is not the first time that the Valley’s vulnerability to hurricanes has been a major topic of concern among social justice activists here. A number of hurricane-related controversies have arisen over the last couple of years.

    Last summer, in the rush to complete the construction of the U.S./Mexico border wall in the Valley before the new presidential administration could take office, some levies along the border were severely weakened — at the height of hurricane season, no less — to allow the wall to be more swiftly built. During that time, the Valley was left especially vulnerable to a potential hurricane disaster of catastrophic proportions.

    The construction of the border wall also raised concerns, which DHS has ignored, that in the event of a hurricane, the rising water, blocked on one side by the wall, would be pushed back into Mexico, spelling disaster for some Mexican border towns. (Along much of the border, the wall is not just a “fence,” but is composed of high concrete or metal panels, appearing much like the wall in Palestine.) A recent flood in Mexico has already caused controversy, as the wall “protecting” the U.S. clearly exacerbated the flooding damage in Mexico.

    * * *

    There was another protest event last week that I would have attended — I was tied up working — a vigil in front of Channel 48. The vigilers were hoping for press coverage on this channel — denouncing Gov. Rick Perry for executing his 200th person in the state since he has been in office. Perry even beat George Bush by about 50 executions.

    No state rivals Texas in executions; Texas has executed someone about every two weeks this year, but several other states with huge cities (New York, California, Illinois) have not executed anyone this year or last year. California is bigger than Texas in population and has a fair share of serious crimes, but it has only executed 13 people since the death penalty was restored in 1976, while Texas has executed 439. (Want to hear the score again? New York 0; California 13; Texas 439. As my students say, Go figure.

    Quick fact: in 2008, 92% of all executions were in southern states with a slave-owning tradition.

    Another fact: the Supreme Court in 2005 outlawed something condemned by international law: executing people for crimes committed at 17 or younger. But before it was outlawed, the last five Americans who were executed for offenses committed while they were still children, were executed under Perry, and four of those five were black.

  • Texas Troop Deployment Cited in Kucinich Articles of Impeachment

    Article XXIII: VIOLATION OF THE POSSE COMITATUS ACT

    In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 3 of the Constitution “to take care that the laws be faithfully executed”, has both personally and acting through his agents and subordinates, repeatedly and illegally established programs to appropriate the power of the military for use in law enforcement. Specifically,

    he has contravened U.S.C. Title 18. Section 1385, originally enacted in 1878, subsequently amended as “Use of Army and Air Force as Posse Comitatus” and commonly known as the Posse Comitatus Act.

    The Act states: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”

    The Posse Comitatus Act is designed to prevent the military from becoming a national police force.

    The Declaration of Independence states as a specific grievance against the British that the King had “kept among us, in times of peace, Standing Armies without the consent of our legislatures,” had “affected to render the Military independent of and superior to the civil power,” and had “quarter[ed] large bodies of armed troops among us . . . protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States”

    Despite the Posse Comitatus Act’s intent, and in contravention of the law, President Bush

    a) has used military forces for law enforcement purposes on U.S. border patrol;

    b) has established a program to use military personnel for surveillance and information on criminal activities;

    c) is using military espionage equipment to collect intelligence information for law enforcement use on
    civilians within the United States; and

    d) employs active duty military personnel in surveillance agencies ,including the Central Intelligence
    Agency (CIA).

    In June 2006, President Bush ordered National Guard troops deployed to the border shared by Mexico
    with Arizona, Texas, and California. This deployment, which by 2007 reached a maximum of 6,000
    troops, had orders to “conduct surveillance and operate detection equipment, work with border entry
    identification teams, analyze information, assist with communications and give administrative support
    to the Border Patrol” and concerned “…providing intelligence….inspecting cargo, and conducting
    surveillance.”

    The Air Force’s “Eagle Eyes” program encourages Air Force military staff to gather evidence on
    American citizens. Eagle Eyes instructs Air Force personnel to engage in surveillance and then advises
    them to “alert local authorities,” asking military staff to surveil and gather evidence on public citizens.

    This contravenes DoD Directive 5525.5 “SUBJECT: DoD Cooperation with Civilian Law
    Enforcement” which limits such activities.
    President Bush has implemented a program to use imagery from military satellites for domestic law
    enforcement through the National Applications Office.

    President Bush has assigned numerous active duty military personnel to civilian institutions such as the
    CIA and the Department of Homeland Security, both of which have responsibilities for law
    enforcement and intelligence.

    In addition, on May 9, 2007, President Bush released “National Security Presidential Directive/NSPD
    51,” which effectively gives the president unchecked power to control the entire government and to
    define that government in time of an emergency, as well as the power to determine whether there is an
    emergency. The document also contains “classified Continuity Annexes.” In July 2007 and again in
    August 2007 Rep. Peter DeFazio, a senior member of the House Homeland Security Committee,
    sought access to the classified annexes. DeFazio and other leaders of the Homeland Security
    Committee, including Chairman Bennie Thompson, have been denied a review of the Continuity of
    Government classified annexes.

    In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
    trust as President, and subversive of constitutional government, to the prejudice of the cause of law and
    justice and to the manifest injury of the people of the United States. Wherefore, President George W.
    Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.

  • Brownsville Herald Border Series

    We copy these links from Roberto Calderon’s email list. The Border Fence Series by The Brownsville Herald (2006):

    Day 1: May 28

    Good fences, great walls: Proposed border fence dividing neighbors, nation”, BY SARA INÉS CALDERÓN, The Brownsville Herald

    SAN DIEGO, Calif. — By day, Adriana Guzman cleans houses — two every day of the week, as she’s done for nine years since she came here without papers to find work.

    ‘More fencing, more agents’: San Diego congressman leads charge for U.S. border fence,” BY SARA INÉS CALDERÓN, The Brownsville Herald

    SAN DIEGO, Calif. — It all started with old steel landing mats.

    Day 2: May 31

    Illegal immigration flooding river’s bank: Natural division creates debate about cultural divides,” BY SARA INÉS CALDERÓN, The Brownsville Herald.

    Twisting and winding its way, snakelike across South Texas the Rio Grande has come to symbolize the border between the United States and Mexico: the divisions between two countries, cultures and is for some the demarcation between different worlds.

    Professor: Los Dos Laredos began as one city: Cities share more than just Rio Grande,” BY SARA INÉS CALDERÓN
    The Brownsville Herald.

    LAREDO — Underwear, empty water bottles, T-shirts, deflated inner tubes and other refuse that line the banks of the Rio Grande here are solid evidence of illegal immigration, said supervisory Border Patrol agent Roberto García.

    Economic Barrier?: Business, academic leaders say there are things worse than a ‘wall ‘,” BY CHRIS MAHON, The Brownsville Herald.

    Proponents and detractors of a government plan to build a wall on the U.S.-Mexico border have lined up on either side of the proverbial, and literal, fence.

    Day 3: June 2

    A line in the sand: Border fence critics say expansion would lengthen a deadly divide from the California desert to the Gulf of Mexico,” BY SARA INÉS CALDERÓN, The Brownsville Herald.

    SAN DIEGO, Calif. — It was an invasion by most accounts. Immigrants were flooding in from Mexico daily with no end in sight: The country was being taken over.

    Experts worry what wall may do to wildlife habitat
    :
    Brownsville’s eco-tourism may be impacted, as well,” BY SARA INÉS CALDERÓN, The Brownsville Herald.

    No one has really thought of the birds.

  • An Overview of the Politics of Testing

    This fine email was forwarded by Angela Valenzuela. I don’t think it has been web posted yet. In the email, an expert on national testing trends wonders about motivations behind the testing movement. My own impression is that standardized testing in Texas correlates very closely with a kind of “demographic shock” that began to shiver through the establishment when it was pointed out that white folks were headed rapidly for minority status.–gm

    What next to combat grad and grade promo tests?

    Recent developments around graduation and grade promotion tests suggest that at best the effort to halt that misuse of testing has been stalemated.

    Recent developments include the first year in which graduation tests for students in CA and AZ will come into effect. In both cases, looming court decisions could change those apparent facts. At least in the case of CA, the immediate decision would only be for this year, though subsequent legal battle could extend it. Nonetheless, thus far the courts have not protected students from the misuse of tests, preferring to defer to state authority even when it is well documented, as in MA, CA and AZ, that many of those who do not pass have been denied a fair or adequate opportunity to learn. And the courts have offered absolutely no protection to students who have been retained in grade.

    On the political side, the trend toward using graduation tests has slowed since the late 1990s. In the past few years, only OK and ID have decided to have such tests, and much could intervene between now and then. As it is, half the states but 70 percent of the students face such tests now, including CA and AZ. Geographically, states that have not gone the high stakes route are essentially New England except MA, and the Midwest from Illinois and the “border states” of KY, IL and AR through to the Rockies (until NV and UT), and stretching to the Pacific Northwest ˆ till WA and ID perhaps join the grad testers.

    However, no state has politically ˆ legislatively – moved to drop the tests. Some have been willing to implement alternatives for students who repeatedly take and fail the tests; Georgia recently has done so, joining states such as MA, NJ and IN. However, the alternative in NJ is under serious attack (tho not likely to be completely eliminated) and just the other day an article in Indiana included an attack on the alternative, in part because this year the numbers of students earning a diploma that way rose (to a bit over 3000; not a large rise, and it had been over 3000 at its start).

    On the grade promotion front, most of the action has been in the cities, but over the past half-decade there has been a steady accretion of states requiring students to pass tests to be promoted, tho I think they all have exemptions, even FL and TX (which of course are under attack from the ilk of Jay Greene and Marcus Winters). I have not noted a sizeable trend toward more state-level retention requirements, but one could erupt given the pressures of NCLB.

    The most important question is what can now be done to counter the steadily, though not rapidly, increasing use of grade promo and graduation tests, and to roll back their use.

    To figure that out requires asking why these things have spread. Clearly, the tests are relatively cheap, appear objective, and therefore seductive to politicians and the business and media interests that have promoted them. The circular nature of teaching to the tests and rising scores (test score inflation) fosters the illusion that things have improved. Thus, some simplicity of argument, inexpensiveness, apparent success, and very well heeled and powerful interests behind it, have combined to convince large shares of the public of the desirability of high-stakes testing.

    What counters this? Clearly, we opponents have no where near the resources of proponents. Thus, we start out very behind in a critical arena, the more so since the media by and large have been proponents. We have some numbers with some resources, especially teachers and to some extent their unions (the NEA moreso; the AFT is opposed to high stakes for kids; but most of the action on these issues is at the state level and thus dependent on whether and to what extent the unions will take up this issue). Those numbers have rarely been well organized at the state level, often due to the lack of resources. Unless the teachers unions step up to a greater degree, and an alliance is clearly built with other education groups, parent groups, civil right groups and others, and this issue made a serious priority, the consequences of the resource gap will be very hard to over come.

    Another aspect is arguments and evidence. It is clear that evidence alone won’t work or we would not be in the mess we are in. But we must have evidence. On retention, the evidence is overwhelming: it is a bad idea. Making retention decisions based on test scores compounds the problem. But surveys show the public backs retention, and this is another ‘tough love’ sort of proposal too many politicians etc like to promote. On this basis, the ‘end social promotion’ framing has been increasingly successful.

    On graduation test results, the evidence is more complex. (The views of the profession against high-stakes testing are officially clear, but largely ignored, including within the profession itself.) Clearly, there are students who do well in school and have earned a diploma except they have not passed the test. These are vitally importatn cases, but in some ways, esp. if there are not many of them, more for winning the right of appeals and alternatives than as a direct challenge to the tests. Some studies have found that most of those who don’t pass would not graduate anyway (the Boston Globe did a very detailed tracking of students on this issue- tho it did not discuss the social contexts of those kids lives).

    As to dropouts, the overall evidence is that dropouts do go up, but not in large numbers; kids may well be dropping out at younger ages and may be less likely to return to school. Sadly, these numbers are mostly comprised of low-income and minority group kids who lack political clout even as the politicians purport to be looking out for them (somehow not having a diploma has become better for these students than having one).

    More than one observer has noted that the question is the political cut score: how many kids (and which kids) can ‘safely’ be denied a diploma ˆ and how many be denied a diploma to prove the system is ‘working’ (an issue likely to soon arise in AZ where the numbers failing have fallen dramatically).

    In short: these data and arguments do not add up to a good enough case ˆ at least in the face of the proponents combination of resources and arguments. My sense is that using some of this info to push for alternatives (which for example Schwarznegger had to veto in CA) will be effective over time, but that this is not going to be sufficient on the broader issue of whether to have a grad test.

    Note also, all this gets intertwined in complex ways with language proficiency and disabilities ˆ what about students without strong English skills or those who complete their IEPs but clearly have not met the expected overall academic standards, regardless of measure?

    Arguments such as ‘one size does not fit all’ and corollaries ˆ kids learn differently, kids show their knowledge differently ˆ seem to matter to the public, as does the point that kids who do well in school but do not pass a test should not be denied a diploma ˆ tho the latter may resonate more toward allowing appeals after one has failed the test. While most pols currently are loathe to consider ending the grad test, many more will be willing to consider alternatives, when pushed hard and well. (I will post more on that separately). But ‘one size fits few’ has not been a sufficient argume
    nt, even coupled with the evidence of harm to many students.

    Opportunity to learn – rather, its absence ˆ should be of real importance. If court cases win in CA or AZ, that will be the basis. But despite all kinds of rhetoric, accountability on the backs of children is accepted by politicians, business and media, in general. Worse, despite the consequences for low-income and minority kids, the other day there was an op ed in a CA paper co-signed by the head of the Cal NAACP that essentially accepted the use of high-stakes testing despite the well-documented lack of OTL in California. That is, resources that may (or may not) come later make it acceptable to damage kids today.

    It is generally valuable and certainly appropriate to insist that tests be made open to public review, but where that has happened it does not lead to many people looking at the tests. Some parents, students, teachers or other experts have found flawed items (and that has certainly at times greatly helped some students), and a few groups have then carefully analyzed the tests (CARE in MA; NY Performance Standards Consortium). But those analyses have not gotten much traction.

    Last, we come to the longer term and deeper effects from having education controlled by the relatively trivial. That is, there are better ways to ensure that students learn enough before graduation, ways that actually contribute to richer, deeper learning instead of schools as test-prep programs. But, we have learned, this is a hard sell ˆ complex, so far not reducible to soundbites, not part of the ‘common sense’ (or hegemonic thinking) of the day, and perhaps too reliant on understanding how narrow and limited the tests are. (Constant school and teacher bashing contributes to this problem since any reasonable alternatives probably have to rest on substantially teacher empowerment.)

    So: all this is to say that I think it could be worth a discussion on what to do to win, given the current overall situation, which remains grim. I can see a lot of what has not worked. Maybe these dreadful consequences are mainly a matter of being out-resourced, that no evidence or arguments can win under those circumstances. But assuming we do not want to quit the field, we need to ask ourselves, how, at this time, do we best contribute to winning more than the right to appeals (useful as that can be, both for itself and as a persistent reminder that the test is not always right)?

    Monty Neill, Ed.D.
    Executive Director
    FairTest
    342 Broadway
    Cambridge, MA 02139
    617-864-4810 fax 617-497-2224
    monty@fairtest.org
    http://www.fairtest.org
    Donate:
    https://secure.entango.com/servlet/donate/MnrXjT8MQqk

  • Court Approval of Texas Redistricting is Roll Back of Voting Rights

    Press Release June 9

    (SAN ANTONIO, TEXAS) – Today MALDEF criticized the decision of a federal three-judge panel to allow the Texas congressional redistricting plan to remain in effect, charging that the redistricting plan discriminates against Latino voters.

    “Today’s decision leaves in place a redistricting plan that rolls back the political progress of Texas Latinos,” commented Nina Perales, MALDEF Regional Counsel.

    “The court has allowed the Legislature to fracture Webb County voters, limit the number of Latino-majority districts in South Texas and deny close to one million Latinos in the Metroplex an opportunity for their own district. It’s clear
    the panel has refused to change its earlier decision, even after the U.S. Supreme Court asked it to reconsider.”

    MALDEF represents Latino voters and civil rights organizations in this challenge to the congressional redistricting plan enacted by the Texas Legislature in 2003. The case went to trial in December, 2003 and resulted in a decision by the trial court to uphold the Legislature’s map. After the plaintiffs appealed, the United States Supreme Court in October 2004 reversed the trial court’s decision and remanded the case to the trial court for further consideration.

    Founded in 1968, MALDEF is a national non-profit, civil rights organization which protects and promotes the civil rights of Latinos through advocacy, community education and outreach, leadership development, higher education scholarships and, when necessary, through the legal system.