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DHS Is Using Immigration Crackdown to Suppress the Latino Vote, Critics Say – From expediting deportations to placing “wanted” billboard ads across Pennsylvania, rights advocates warn DHS is intimidating voters.

In the lead up to Elec­tion Day, the Depart­ment of Home­land Secu­ri­ty (DHS) is trum­pet­ing its raids of undoc­u­ment­ed immi­grants, expe­dit­ing depor­ta­tions, and putting up ​want­ed” bill­board ads of ​crim­i­nal aliens” across Penn­syl­va­nia. Rights advo­cates say these tac­tics appear aimed at boost­ing Pres­i­dent Don­ald Trump’s reelec­tion chances by intim­i­dat­ing immi­grants, Lati­nos and oth­er Black and Brown vot­ers, who are more like­ly to favor Demo­c­ra­t­ic candidates.

We are walk­ing a fine line,” says Philip Wol­gin, man­ag­ing direc­tor of immi­gra­tion pol­i­cy at the Cen­ter for Amer­i­can Progress, a think tank that is influ­en­tial with the lead­er­ship of the Demo­c­ra­t­ic Par­ty. ​We want to make sure that peo­ple are aware of what’s going on and how to be pre­pared, par­tic­u­lar­ly local offi­cials who have the onus of pro­tect­ing elec­tions, while also not caus­ing fear in immi­grant com­mu­ni­ties and end­ing up doing the type of vot­er sup­pres­sion that we think the DHS and the gov­ern­ment are try­ing to do right now.” 

As vot­er par­tic­i­pa­tion sets record num­bers, DHS may be seek­ing to damp­en this enthu­si­asm, crit­ics say. On Octo­ber 21, the Immi­gra­tion and Cus­toms Enforce­ment agency (ICE) — a DHS agency in charge of com­bat­ing ​unau­tho­rized” immi­gra­tion—announced the imple­men­ta­tion of its expe­dit­ed removal pol­i­cy, where­by it can arrest indi­vid­u­als any­where in the coun­try and deport them in a mat­ter of days with­out a court hear­ing if indi­vid­u­als can­not prove, to the sat­is­fac­tion of the offi­cials, that they have resided in the Unit­ed States for at least two years. The tim­ing of the announce­ment of this pol­i­cy, sug­gests Wol­gin, could damp­en vot­er participation. 

Most U.S. cit­i­zens prob­a­bly do not car­ry on them doc­u­ments that show that they’ve been in the coun­try for two years. I per­son­al­ly do not car­ry my pass­port with me at all times,” says Wol­gin. ​So, there’s a real con­cern that, giv­en the long his­to­ry of racial pro­fil­ing and using immi­gra­tion to go after Black and Brown peo­ple, we could end up with ICE detain­ing some folks based on this pro­vi­sion. That’s not out of the realm of possibility.”

False rumors have ampli­fied this pos­si­bil­i­ty. Accord­ing to an Octo­ber report by the Bren­nan Cen­ter for Jus­tice — a non­par­ti­san law and pol­i­cy insti­tute at the New York Uni­ver­si­ty School of Law — groups that are inten­tion­al­ly try­ing to sup­press the vote among peo­ple of col­or have spread the false­hood that ICE agents will sure­ly patrol the vicin­i­ty of polling places. ​Some of these rumors appear to have come from groups that are inten­tion­al­ly try­ing to sup­press the vote among Lati­nos and oth­er peo­ple of col­or,” states the report. ​These rumors cre­ate real fear in com­mu­ni­ties ICE has tar­get­ed with increas­ing­ly aggres­sive tactics.”

On top of expe­dit­ed removals, DHS appears to be pub­licly cham­pi­oning its crack­down on immi­grants. Ear­li­er in Octo­ber, the Act­ing DHS sec­re­tary, Chad Wolf, tout­ed in two press releas­es the arrests of almost 300 immi­grants after week-long oper­a­tions in six cities and the whole state of Cal­i­for­nia. The oper­a­tions, how­ev­er, did not mark a shift in course but were con­sis­tent with the Trump administration’s high arrest rates.

Rights advo­cates say the tim­ing of these pub­lic state­ments about DHS arrests is no coin­ci­dence. ​The DHS is doing every­thing it can to pro­mote these polit­i­cal stunts two weeks before the pres­i­den­tial elec­tion,” says Sal­vador Sarmien­to, nation­al cam­paign direc­tor at the Nation­al Day Labor­er Orga­niz­ing Net­work (NDLON), a grass­roots orga­ni­za­tion that pro­motes immi­grant work­ers’ rights. Sarmien­to adds that the Trump admin­is­tra­tion’s objec­tive is to instill fear in immi­grants and peo­ple of col­or, who out of cau­tion may be dis­cour­aged from inter­act­ing with any kind of offi­cials, includ­ing at the polling stations. 

NDLON has denounced a promi­nent DHS ini­tia­tive to crim­i­nal­ize undoc­u­ment­ed immi­grants. In ear­ly Octo­ber, ICE start­ed putting up in Penn­syl­va­nia six bill­boards with ​want­ed” ads show­ing the pic­tures of ​crim­i­nal aliens” — all of them peo­ple of col­or. ICE claims the indi­vid­u­als pose a ​safe­ty threat,” even though five of them have not been con­vict­ed. Accord­ing to a memo by the Cen­ter for Amer­i­can Progress, the ​want­ed” ads rep­re­sent a new gam­bit. ​Such race-bait­ing may espe­cial­ly lead to esca­lat­ed risks for Black and Brown cit­i­zens seek­ing to cast their vote, which in turn could have a chill­ing effect on their abil­i­ty to par­tic­i­pate ful­ly in the elec­tion,” states the document.

New tac­tics are paired with the old myth that undoc­u­ment­ed immi­grants do vote and sway elec­tions. With no proof what­so­ev­er, Trump him­self repeat­ed as recent­ly as 2018 that mil­lions of undoc­u­ment­ed immi­grants vot­ed in Cal­i­for­nia in the 2016 elec­tion. He set up an inves­tiga­tive com­mis­sion led by Vice Pres­i­dent Mike Pence and then-Kansas Sec­re­tary of State Kris Kobach, which failed to find any evi­dence of vot­er fraud.

Despite the com­mis­sion’s fail­ure, ICE did man­age to announce in August 2018 charges against 19 for­eign indi­vid­u­als for vot­ing ille­gal­ly in North Car­oli­na in 2016, although in sim­i­lar cas­es else­where peo­ple were just con­fused about their eli­gi­bil­i­ty to vote. Those votes were neg­li­gi­ble con­sid­ered the 4.8 mil­lions votes cast in 2016 in North Car­oli­na. These stunts could con­tribute to mobi­liza­tions across bat­tle­ground states for the ​Army for Trump’s elec­tion secu­ri­ty,” which was con­vened by Don­ald Trump Jr. and aims to estab­lish a 50,000-strong army of ​observers.”

Cli­mate of intimidation

There is already rea­son to be con­cerned that this cli­mate is encour­ag­ing vig­i­lante intim­i­da­tion of vot­ers. As of Octo­ber 23, there have been at least four doc­u­ment­ed instances of vot­er intim­i­da­tion dur­ing the ear­ly vot­ing process­es. In Sep­tem­ber, a group of Trump sup­port­ers wav­ing cam­paign flags in Fair­fax, Vir­ginia, stood in the way of vot­ers attempt­ing to reach the polling sta­tion. In Flori­da, a police offi­cer in uni­form was pho­tographed out­side a vot­ing site wear­ing a pro-Trump mask and a hol­stered firearm. In Philadel­phia, the Trump cam­paign video­taped cit­i­zens deposit­ing their mail-in-bal­lots, which local author­i­ties con­sid­ered improp­er con­duct. And in St. Peters­burg, Flori­da, two armed secu­ri­ty guards at a polling sta­tion prompt­ed offi­cials to sta­tion deputies at five vot­ing sites.

There have been ini­tia­tives to pre­vent fur­ther vot­er intim­i­da­tion. In Min­neso­ta, the Coun­cil on Amer­i­can-Islam­ic Rela­tions sued the pri­vate secu­ri­ty com­pa­ny Atlas Aegis for recruit­ing ex‑U.S. mil­i­tary spe­cial oper­a­tions sol­diers to deploy to polling places, call­ing it a breach of the Vot­ing Rights Act of 1965. In Michi­gan, the Sec­re­tary of State ordered a ban on the open car­ry­ing of firearms with­in 100 feet of polling places.

In this atmos­phere, rights advo­cates wor­ry that the U.S. Cus­toms and Bor­der Pro­tec­tion Agency (CBP) — part of the DHS — could deploy its para­mil­i­tary unit Bor­tac (Bor­der Patrol Tac­ti­cal Unit) as it did in July dur­ing the protests against police bru­tal­i­ty in Port­land, Ore­gon, where the the force kid­napped pro­test­ers and threw them into unmarked vans. In the midterm elec­tions of 2018, CBP planned to con­duct a ​crowd con­trol exer­cise” near at least one polling loca­tion. Those plans were scrapped after an uproar. 

Our big fear is that we see a reprise of Port­land, with ICE and CBP being used to intim­i­date vot­ers on elec­tion day or around elec­tion day, whether by send­ing agents direct­ly into the polls as mem­bers of the gov­ern­ment have said or just by deploy­ing them around cities,” says Wolgin.

Although polling sta­tion dis­rup­tions could hap­pen on Novem­ber 3, they should not be over­stat­ed, says Sean Morales-Doyle, deputy direc­tor of vot­ing rights and elec­tions at the Bren­nan Cen­ter for Jus­tice. Deploy­ing armed forces in polling sites is ille­gal. Ampli­fy­ing this pos­si­bil­i­ty could in itself dis­suade peo­ple from vot­ing. At the same time, acknowl­edg­ing that vot­er intim­i­da­tion attempts are real allows local offi­cials and activists to strate­gize on how to off­set them.

I do have some con­cerns that one of these inci­dents would get out of hand. Sim­i­lar­ly, I wor­ry that the police may be too quick to engage, or that some juris­dic­tions would be too quick to call law enforce­ment sort of pre­emp­tive­ly because of these fears,” says Morales-Doyle. ​I wor­ry that peo­ple are going to respond in these moments of height­ened ten­sion by esca­lat­ing rather than by de-escalating.”

This elec­tion will be less pro­tect­ed against vot­er intim­i­da­tion than the pre­vi­ous one. Dur­ing the 1981 New Jer­sey’s guber­na­to­r­i­al race, aggres­sive intim­i­da­tion tac­tics by off-duty law enforce­ment agents were so bla­tant that a decree adopt­ed a year lat­er sharply lim­it­ed the Repub­li­can Nation­al Com­mit­tee’s poll mon­i­tor­ing activ­i­ties. That decree expired in 2017.

This would be the first pres­i­den­tial elec­tion where there has not been a fed­er­al judi­cial con­sent decree in place that pre­vents the Repub­li­can Par­ty from engag­ing in cer­tain types of bal­lot secu­ri­ty oper­a­tions and polling intim­i­da­tion efforts,” warns Morales-Doyle. With few­er legal pro­tec­tions, sev­er­al ini­tia­tives are plan­ning to ward off any endeav­ors to tam­per with the vot­ing process.

The Vot­er Pro­tec­tion Pro­gram, for exam­ple, was formed by lit­i­ga­tors with state and fed­er­al gov­ern­ment expe­ri­ence in both Repub­li­can and Demo­c­ra­t­ic admin­is­tra­tions, as well as nation­al experts on vot­ing rights and elec­tion pro­tec­tion, and com­mu­ni­ca­tions pro­fes­sion­als. It also includes a bipar­ti­san board of for­mer gov­er­nors, attor­neys gen­er­al, and local, state and fed­er­al law enforce­ment leaders.

Advo­cates, mean­while, say the vot­ers tar­get­ed by the intim­i­da­tion tac­tics have a vital role to play in this elec­tion — and their par­tic­i­pa­tion is sore­ly need­ed. ​Immi­grants across the coun­try have demon­strat­ed the great­est exam­ples of courage that we can be inspired by when they show up to work in the mid­dle of the pan­dem­ic or when they walk thou­sands of miles to give their chil­dren a bet­ter life,” says Sarmien­to. ​We are all called today to show that same courage.”

As a 501©3 non­prof­it pub­li­ca­tion, In These Times does not oppose or endorse can­di­dates for polit­i­cal office.

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» DHS Is Using Immigration Crackdown to Suppress the Latino Vote, Critics Say – From expediting deportations to placing “wanted” billboard ads across Pennsylvania, rights advocates warn DHS is intimidating voters. | Maurizio Guerrero | Radio Free | https://www.radiofree.org/2020/10/26/dhs-is-using-immigration-crackdown-to-suppress-the-latino-vote-critics-say-from-expediting-deportations-to-placing-wanted-billboard-ads-across-pennsylvania-rights-advocates-warn/ |

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