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 When “the ICE Man Cometh” – Pt. II  Part I of this article described the difficult and often exploitive situation of undocumented immigrants working in farm fields and cooling (packing) plants in the Santa Maria Valley of the Central Coast of California. One of most challenging aspects of their situation is the ever present fear of detention and deportation by the Enforcement Removal Operations of U.S. Immigration and Customs Enforcement (ICE-ERO). ICE-ERO recently decided to construct a new detention center in Santa Maria—right where thousands of undocumented laborers and their families live. The undocumented immigrants decided to push back against ICE. Their effort began with the Planning Commission of Santa Maria, which had authority over the building permitting process for the new detention center. Typically, a dozen attendees constitutes a big crowd at planning commission meetings in Santa Maria. The meeting scheduled to deal with the permitting of the new ICE facility drew over 1,500 people—almost all Latino laborers and their families. The city had never seen anything like it. City Hall was overfilled. Attendees, hoping to make public comment against the new facility, packed the meeting room, hallways, parking lot, yard, and surrounding sidewalks. By policy, a final decision on permitting new development requires two meetings before the planning commission. Anticipating another large crowd, the city moved the second meeting to a large pavilion at its fairgrounds. It was a wise move. Between three and four-thou-sand people attended the second meeting (according to the city’s own count)! Again, almost all were Latino laborers and their families. The crowd overfilled the pavilion and spilled out onto the surrounding fairgrounds. I found the meeting deeply moving. There was weeping, courageous testimony, and desperate pleading. But above all, there was remarkable civility. The Latino folks, who understood well how they were being exploited day in and day out, still showed deep respect for the planning com-mission and the permitting process. Even their young children who were present (and there were many, including infants), were orderly and well behaved, and sat patiently for hours through the proceedings. Sadly, the planning commission decided to permit the new facility through a divided vote. Amazingly, the crowd received the decision gracefully, and departed quietly. (I can’t help but think of how a planning commission meeting with three to four-thousand people would go, done in a place like Philadelphia by comparison!) It was then that I decided to become personally involved and started researching the issues around ICE facility. I learned through Freedom of Information Acts requests that ICE had never bothered to investigate the possibility of building its new facility at its current location: on the campus of the federal prison in Lompoc (20 miles away from Santa Maria), where it logically belonged. It was relocating its offices and detention center to Santa Maria because it wanted to, not because it needed to. I also researched Santa Maria’s zoning plan, and studied the Land-Based Classification Standards (LBCS) system of the American Planning Association, which guides municipal planning in California. The new ICE facility, with its holding cell, armory, and law enforcement function, was clearly incompatible with the zoning classification assigned to its proposed site.
When the ICE … cont’d. Pg. 2 Interestingly, ICE officials publicly testified that moving their facility into Santa Maria would NOT result in increased arrests or deportations of undocumented residents. ICE agents were already working in Santa Maria and insisted they would maintain the same level of activity. They thus argued that the widespread fear of mass deportations was exaggerated and unfounded. This proved to be a telling admission for me. Some residents of Santa Maria supported the ICE facility because they believed having ICE agents stationed in town would make the city safer. This was a misperception given ICE’s testimony on the level of its activities. I then registered as one of four appellants against the permitting of the new ICE facility before Santa Maria’s city council, which had final say over the matter. The other appellants included: a group of home owners who feared for their value of their properties be-cause their residences were in the vicinity of the proposed site for the ICE facility; a local chapter of the League of United Latin American Citizens who argued the new facility would be detrimental to the welfare of the Santa Maria community because it would scare away farm workers who were essential to the local economy; and a nonprofit called the Com-munity Initiatives for Visiting Immigrants in Confinement, arguing that immigrants as a group, are more law abiding than regular citizens. The city council meeting scheduled to hear the appeals was also held in the pavilion at the fair-grounds, and again drew thou-sands of attendees. I presented mostly technical arguments against the ICE facility to city council, arguing the incompatibility of the zoning and that the new facility presented no gain for the city. My logic on the second point was that the facility would actually increase the criminal presence in Santa Maria, since ICE agents, by their own testimony, would not be effecting more arrests. Instead, they would be bringing aliens convicted of crimes from prisons outside the city, into the city for processing. The arguments and hours of public comment against the ICE facility (with not a single comment in favor of it), fell on deaf ears for 3 of the 5 city council members, who stated that Santa Maria needs the ICE facility to help promote public safety. The ICE facility was approved, and is currently under construction. So what is the message of this story? First, that American sentiment toward its Latino immigrants is so irrational, that we are willing to act against our own welfare, such as by undermining our local economies. The Santa Maria Valley farming industry would collapse without the labor of undocumented immigrants. Secondly, that our politicians too readily use fear in attempting to govern. Since ICE has made clear it will not step up its arrest activities in Santa Maria, the city council members who support the ICE facility are counting on fear to keep the undocumented immigrants from engaging in criminal activities, and are willing to let the broader Latino community suffer for it. And thirdly, that the United States has a virtual serfdom when it comes to immigrants workers and its farming industry. Our country greatly needs its undocumented workers, but treats them in ways that keeps them poor, vulnerable, and powerless. While I was writing this article, President Obama signed an executive order allowing certain undocumented immigrants to stay and work in our country for up to three years. The executive order, referred to as the “Deferred Action for Parents of Americans and Lawful Residents” (DAPA), applies to undocumented adults that have lived in the U.S. continuously since January 1, 2010 and had a child who was either a U.S. citizen or lawful permanent resident on November 20, 2014. Immigrants will be able to apply for DAPA status beginning in May of 2015. President Obama’s executive order also expanded the existing “Deferred Action for Childhood Arrivals” program (DACA). This program allows undocumented immigrants who came to the U.S. under the age of 16, and have lived here continuously since January 1, 2010 and are either in school or have graduated from high school or obtained a When the ICE … cont’d. Pg. 3 GED, to also temporarily stay and work in the U.S. Immigrants can apply for the expanded DACA status beginning in February of 2015. The president’s actions are well intended, but I question their efficacy. First, the president’s order will not significantly alter the deportation operations of ICE-ERO. ICE-ERO will still have authority to deport undocumented immigrants who have children that are US citizens, or immigrants who came to the U.S. under the age of 16, if these immigrants have committed a significant misdemeanor (or three minor misdemeanors) or are considered a security threat. This gives ICE wide discretion. But more importantly, consider the situation of otherwise law abiding, undocumented immigrants. The president is asking them to come forward, identify themselves to the federal government, register for work permits, and obtain a real Social Security number -- revealing where they live and who they work for -- so they can obtain temporary legal status. In other words, the president is asking undocumented immigrants to trust that in three years the new president and Congress will continue his policy. The new, temporary immigration policy requires tremendous risk-taking by undocumented immigrants. Indications are that many immigrants will take this gamble, because they so genuinely seek to be legal “Americans.” The battle over immigration rights will likely be front and center in electoral politics over the next few years, and intensify when a new president and Congress begin their terms in 2017. It’s a battle that people concerned with social justice are called to join. 
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