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Immigration bias against the Hispanics has been witnessed in the State of North Carolina based on implementation of Section 287(g) of the Immigration and Nationality Act (INA). Section 287 (g)’s implementation in North Carolina has been controversial since it has infringed on the rights and freedoms of the minority Hispanics in the State. Section 287(g) allows the Immigration and Customs Enforcement to create accords with state and regional police agencies in the process of enactment of immigration laws.
State officials have been conducting random traffic stops and searches in the guise of napping or targeting the Hispanic community. The implementation of the INA act and in particular section 287(g) in regard to memorandums signed between the State agencies and INA has been criticised. These MOA’s have given powers to state agencies who in turn have been conducting immigration searches in a discriminate manner.
Moreover, state officials in the State have undertaken the implementation of these MOA’s with lack of transparency and in defiance of the law. Hispanics have complained of prejudiced abuses and lack of protection from the police. In one instance, a Hispanic mother of four US citizens was detained under the INA act due to her racial status. Although, the law gives powers to state officials to undertake immigration searches, it only applies to undocumented immigrants.
The ICE usually focuses on immigrants charged with heinous acts but in the state of North Carolina, law enforcement agencies use section 287 (g) to target suspected illegal immigrants charged with small offences. For instance, in 2008 around 84% of immigrants had been detained and charged with minor traffic offences in Gaston County. This clearly proves that state officials in North Carolina are not implementing section 287(g) as envisaged in the act.
Since, section 287(g) is misused as an immigration artillery and instrument for bullying and segregation of foreigners of Hispanic extract. The actions of the state officials contribute to discrimination and racial profiling of the minority Hispanic group in the society. As a result, the Hispanic community have encountered a profound sense of discrimination which has breed mistrust and scepticism towards State and regional institutions.
Most of the Hispanic people believe that State officials are looking for justifications under the INA act to repatriate them. As a result, the co-operation of the minority groups in State activities is greatly diminished due to mistrust. According to section 287 (g), state officials are only allowed to screen for immigrants once they are in custody over other offences.
Therefore, the actions of the officials in North Carolina are breaches against the law and thus these officials have to rectify their actions. The US constitution has provisions that allow for community participation in making of law and thus the MOA’s signed between States and the ICE should include community input. Community based groups should be involved in the process of drafting the MOA’s under section 287 (g) so as to cater for welfare of all interest groups on immigration.
Making use of the input of the community in the process of enactment of laws will assist greatly in ensuring a balanced view on any issue is achieved. Moreover, the community will feel co-operative since its input has been considered in the process of making decisions that impact directly on the lives of community members. State officials in North Carolina should respect the US and State constitution while at the same time involving the community in the process of implementing section 287(g) of the INA act.
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