Habari Za Nyumbani–on jambonewspot.com

Visit www.jambonewspot.com…..your community website for more

Archive for June 6th, 2010

Jailed illegal immigrants pose policy dilemma

Posted by Administrator on June 6, 2010

A U.S. program to check the immigration status of everyone booked into jail runs into local rules against such actions.

Chicago Gang Leader Mwenda Murithi now serving 55 years in jail

Chicago Gang Leader Mwenda Murithi now serving 55 years in jail

By Ken Dilanian, Tribune Washington Bureau

8:11 PM PDT, June 6, 2010

Reporting from Washington

Mwenda Murithi, the Kenyan-born leader of a notorious Chicago street gang, was arrested 26 times after his student visa was revoked in 2003. Charged with at least four felonies, he served 30 days in the Cook County Jail for a 2007 drug violation. By law, he could have been deported immediately.

But Chicago officials did not report him to immigration authorities because city and county ordinances prohibit them from doing so.

Not long after he got out of jail, Murithi ordered a gang hit that resulted in the death of 13-year-old Schanna Gayden, struck by a stray bullet as she frolicked at a playground.

Murithi, now serving 55 years, is just the sort of person U.S. immigration officials say they want to target under a program known as Secure Communities, which seeks to match the fingerprints of everyone booked into jail against immigration databases.

But the program, launched by the Bush administration and continued under President Obama, has become entangled in the suspicions and recriminations that characterize the debate over immigration policy.

Critics of the program say that turning illegal immigrants over to federal authorities would undermine the efforts of local law enforcement to win cooperation from immigrant communities. And they worry about providing immigration authorities with the fingerprints of those arrested on petty charges.

“I’ll be reporting minor offenders, misdemeanants, people who are arrested on a traffic fine that they fail to pay,” San Francisco Sheriff Michael Hennessey said. “I think that this throws too broad of a net out over the residents of my county.”

David Venturella, who runs the program for the U.S. Immigration and Customs Enforcement Agency, or ICE, said minor violators are not a priority unless they also have more serious criminal histories.

“Our focus is on criminal aliens,” he said.

Many major city police agencies forbid officers from inquiring into the immigration status of witnesses and suspects, a policy adopted by local officials to shield illegal immigrants from federal authorities. But the Secure Communities program has divided those cities and the politicians within them.

Houston and Los Angeles are participating in the fingerprint sharing program despite such rules, and San Francisco Mayor Gavin Newsom opposes the efforts of the sheriff and some county supervisors to keep his city out of it.

The federal program was designed to assuage such cities, Venturella said, because it doesn’t require their active cooperation. The fingerprints are shared automatically, and ICE officers arrest those they intend to deport.

This arrangement stands in contrast to a more active federal-local effort known as the 287(g) program, under which ICE signs agreements that allow local police to arrest and detain people under immigration laws. Few big cities participate in that program.

Still, out of political sensitivity, ICE currently is not matching fingerprints from counties, such as Cook County, that object to the Secure Communities program, he said.

Secure Communities is operating in 193 counties, including Los Angeles County, and ICE has checked 2.2 million sets of fingerprints submitted by local law enforcement agencies, spokeswoman Randi Greenberg said. Through April 30, there were 216,000 hits against a database of people who previously had been fingerprinted by ICE, she said.

Of that number, 24,000 had been charged with or convicted of what ICE classifies as the most serious offenses, including rape, murder and kidnapping. The remainder involved lesser offenses, ranging from bribery and fraud to petty violations, such as gambling.

ICE deported 6,100 of those charged with or convicted of the most serious offenses, and 14,300 who were charged with or convicted of lesser offenses, she said. The goal is to expand the program nationwide by the end of 2012.

Despite Venturella’s assertion that ICE won’t focus on people charged with lesser offenses, immigration rights activists aren’t so sure.

“We think it’s an ill-conceived, ill-functioning program,” said Joan Friedland, a senior attorney with the National Immigration Law Center. “Regardless of how or why a person got into police custody, whether it was based on racial profiling, whether it was a minor offense, whether the person is found not guilty, they are subject to deportation.”

Friedland said she would be more comfortable with referrals based on convictions, not arrests.

In Cook County, authorities can do neither. While the policies in Los Angeles and other cities allow police to notify immigration authorities about felons they suspect are illegal immigrants, Cook County forbids that, said Steve Patterson, a spokesman for the Sheriff’s Office.

Asked why, Chicago Alderman Roberto Maldonado argued that the law does allow the reporting of felons to immigration authorities. “We’re not protecting criminals,” he said.

The text of the law, however, contains no such provision.

Asked about the case of the Kenyan gang leader, Maldonado noted that ICE, the immigration enforcement agency, routinely peruses county arrest reports. “If ICE didn’t have their eyes open, that is not our fault,” he said.

In Los Angeles, a case in 2008 reenergized a long-standing debate about the city’s policy toward police questioning of immigrants.

Jamiel Shaw II, a 17-year-old football star who had been recruited by Stanford and Rutgers universities, was gunned down in March 2008, allegedly by gang member Pedro Espinoza. Espinoza, a 19-year-old illegal immigrant, had been released from the Los Angeles County jail a day before the shooting after serving time on a gun charge.

Although Shaw had been in the custody of the sheriff, not the Los Angeles Police Department, activists unsuccessfully sought to use the case to overturn Special Order 40, the LAPD rule that limits the circumstances in which officers may inquire into a person’s immigration status. An effort to repeal the policy by referendum failed last year when backers couldn’t muster enough signatures to put the measure on the ballot.

Unlike in Chicago, nothing prohibits Los Angeles police officers from referring people they arrest to immigration authorities, said Jorge Villegas, commander of the LAPD operations office.

If police arrest a gang member who has already been deported, for example, officers notify ICE, he said.

ken.dilanian@latimes.com

Copyright © 2010, The Los Angeles Times

//

// <![CDATA[
s.pageName="Jailed illegal immigrants pose policy dilemma - Latimes.com / news / nationworld / nation - Print - Option.";

s.prop38="Print - Option";
s.eVar21="Print - Option";

s.server="latimes.com";
s.channel="Latimes.com:news";
s.prop3="";
carnival_username_c_unm = readCookie('c_unm');
carnival_masterid_c_mid = readCookie('c_mId');
if(carnival_username_c_unm!=null && carnival_masterid_c_mid!=null)
s.prop28 = carnival_username_c_unm;
if(s.prop28==null)
s.prop28 = "";
s.prop32="";

s.prop36="";

s.prop37="";

/* E-commerce Variables */
s.events="";
s.eVar20="Latimes.com";

s.hier1="Latimes.com:news:nationworld:nation";
s.hier2="news:nationworld:nation";
s.hier4="news:nationworld:nation";

s.prop44="la-na-immigrant-felons-20100607";

//AD Block Detection
//Description: Check if any IMG, IFRAME, or SCRIPT elements are ad blocked (set to not display).
// Also check for the occurance of any Norton installed code to block popups or ads ( ie.)SymError ).
// Only need to find 1 occurrance of any of the above to confirm ad blocking is used.
// No need to continue searching through other portions of the page.

var imgArray = document.images;
var iframeArray = document.getElementsByTagName("iframe");
var scriptArray = document.getElementsByTagName("script");
var isAdBlocked = 0;

if(window.SymError || window.SymWinOpen || window.SymRealWinOpen)
{
isAdBlocked=1;
}
if (!isAdBlocked)
{
for (var i=0; i<imgArray.length; i++)
{
if(imgArray[i].style.display == ‘none’)
{
isAdBlocked=1;
break;
}
}
}

if (!isAdBlocked)
{
for (var j=0; j<iframeArray.length; j++)
{
if (iframeArray[j].style.display == ‘none’)
{
isAdBlocked=1;
break;
}
}
}

if (!isAdBlocked)
{
for (var j=0; j// =0)document.write(unescape(‘%3C’)+’\!-’+'-’)
// ]]><!–//

Posted in Crime, Diaspora News, Immigration | 1 Comment »

I lost him to my sister

Posted by Administrator on June 6, 2010

“Trust no woman with your man. Many men are weak and always have an appetite for new servings.”

These are some of the phrases I heard from a long interview with Janet * regarding her love experiences in the last four years.

Janet turned 30 on Valentine’s Day (February 14) last year but unfortunately, it is also the day she  learnt that the man she had introduced to her family in 2008 would not marry her, after all.

“He invited me for lunch somewhere in Upper Hill and when I got there, I found my younger sister already sitting with him having a soft drink,” she says.

To say that she was surprised would be an understatement because she had thought this was her day with “her man”.

“I did not expect to be invited to sit down by my sister but I decided to downplay the whole setting because I did not want to spoil the day,” says Janet.

A seat had been reserved for her, on the right hand side of her man. Two months later, by the time Easter came round, it was no longer a secret that her younger sister, 27, was more often with her man than herself.

On two occasions, Janet found him already welcomed to the house they shared with the sister. In both instances, she (Janet) had invited the man only for him to come earlier than expected.

During the Easter festivities, she was left in no doubt that there was something fishy going on behind her back between her sister and her boyfriend.

Her other younger sister spilt the beans when she disclosed to Janet that she had been lied to that her man had gone to his rural home, yet he was in Naivasha.

After making inquiries, Janet  (and the informer sister) pieced together information that her man was actually in Naivasha, at a time their sister was also supposed to be in the lakeside town.

When Janet confronted her the following week on whether she had seen her man in Naivasha, the sister was furious.

“I was not in Naivasha to look out for any man. I had gone there to do my own things,” she retorted. She then decided to redirect her arsenal to her man, asking him if he had seen her sister in Naivasha.

“Is there anything wrong with me being with her? Can’t I have time with her and talk about many issues. I always tell you she is my great friend,” he said.

This turned out to be the turning point in the relationship. Though there was no “ugly incident”, it was apparent that her man was now going out with her sister who after the Easter escapades made it a point to avoid any discussion about the man.

“Any mention of him just made her move away She always insisted that she was not forcing anyone to be with her and that she had nothing against him,” says Janet.

Janet , who works as a civil servant in Nairobi confirms that her sister and the man have been together since last year.

Did she ever try to sort things out with both of them? I ask.

“There was no co-operation from either of them. While he never denied “being very good friends with her”, the sister never entertained any discussion on the matter. It is like she left me to sort out things with him,” says Janet. Reached on the telephone early this week, the man, now 33, disconnected the phone when we sought his comment.

“I am busy now and I do not want to talk about that,” he said curtly.

But later in the day, he called back and explained that he was yet to break any formal commitment to anyone. “But you were introduced to the family as Janet’s fiancé?” I reminded him.

“Look here. I am repeating that I have not broken any formal commitment with her (Janet)” he said.

“You see, it is not cast in stone that when you are introduced to a family, then you must marry that person. That does not mean you cannot change your mind, haven’t you seen these things, my friend?”

He continued on the phone. “Don’t you feel like you have let her down and exposed her to ridicule from her family members?”

I continued to which he quickly replied, “I am still with the family. I will marry from there.”Janet and her sister are yet to quarrel in public but recent happenings between them indicate they are pulling in different directions on many things.

“We no longer talk much. She has avoided me and last month, she refused to sleep in our rural home because I was also staying for the night, after a neighbour’s funeral,” explains Janet.

Like Janet, several women are finding themselves driven out of relationships by the closest people to them — their sisters. It normally starts as a harmless acquaintance between a man and a potential sister-in- law often engineered by the “happily hooked” sister.

Then it graduates into an ordinary friendship that can arise out of respect for the incoming man in the family before either he or the woman “notices” the other.

Depending on either, the matrix can change and turn things upside down against the girl who first nailed the man.Elizabeth*, 29, not only lost her man to her younger sister, he went ahead and married the said sister.

Several weekends ago, Elizabeth sought to explain to us in a social gathering in Nairobi West why her younger sister, 26, got married before her.

“She is actually living with a man who was supposed to marry me,” she started. Then she laid bare the script; When Elizabeth graduated from a private university in 2005, she got a sales job at a multinational bank in Thika. There, she met Jimmy* who she was in college with but they were not friends

“Although both of us were doing a Bachelor of Commerce degree, we were just course mates. When we met in the bank, he was the only person who was familiar,” says Elizabeth.

Slowly, Elizabeth’s quest for direction and advice from Jimmy in her new place of work led to a relationship and by end of the year (2006) they were so much into each other that they were talking of living together.

While Jimmy lived in Thika, Elizabeth lived in Juja where her younger sister visited frequently. The sister was a final year student at Kenyatta University at the time.

“I would meet her with my fiancé several times, especially on weekends when both would come to my place,” Elizabeth says as she tries to piece together the beginning of the end of her love life with the banker. Sometime in 2007, Elizabeth got wind that her man was seen at the university the previous weekend from one of her sisters’ friends who wondered where she was.

“She innocently asked me why I missed the Saturday treat they got from Jimmy. She went ahead to say how they had missed me,” Elizabeth confides.

Her boyfriend downplayed the issue when she called him later that evening saying the outing was not planned but something that just came up when he had passed by the university. He had been accompanied by another gentleman.

“He tried to convince me it was not pre- arranged. He even said if he had something fishy up his sleeve, he would not have been accompanied. I did not want to read mischief into it at that time,” she says.

Her fears were further allayed by the sister who said there were several people in the party. “They just came and we asked them out. They did not object,” the sister said.

Today, Elizabeth admits she might have ignored the tell tale signs that she was losing Jimmy’s attention to her more aggressive sister.

Within months, I realized that I had slowly lost grip of the man and he easily warmed his way into her heart,” she reveals.

But she did not take matters lying down. She confronted her sister about the issue when they met at their rural home in Molo when they went to vote during the general elections.

“We ended up having a scuffle and my mother was distraught. She tried to dig out what the problem was but neither of us was ready to open up,” says Elizabeth.

After the elections, it became hard for the two sisters to go back to Nairobi due to the violence that erupted in most parts of the country. These were the hardest seven days the two sisters had lived together through, according to Elizabeth.

“There was a lot of tension between us  and we did not speak to each other,” she admits. But their mother, a former primary school teacher and counsellor, could not tolerate what was going on. One day she called both sisters and categorically stated that she was “getting fed up of grown-up women who were behaving like little girls”.

“She was furious. But it was hard for me to discuss such a matter with her,” Elizabeth says. It was a big relief when the roads opened up and they were able to go back to Nairobi.

For some months, her attempts to dig up what was happening confirmed that the two were meeting regularly. When she threatened to walk out of the relationship, a telling answer awaited her.

“It is up to you to decide. I have no problem with your sister,” the man told her. She went down in sorrow but every time she asked him if he was dating her sister, his answers were always curt, “I do not see anything wrong with that.”

The next thing she heard was that her sister had moved in with her man. That was in early 2008. Luckily for Elizabeth, the bank she was working for in Thika recalled her to the headquarters in Nairobi around May 2008.

“It was a big relief because it I had started feeling awkward every time I bumped into Jimmy in the office.”

As for her sister, they are no longer on talking terms. The major concern that arises from this scenario is that each woman has had to sever close relationship with their blood sisters, because of a man.

So just how close should your sister be to the man who has eyed you? That could be the question young women will have to grapple with.

bmuiruri@nation.co.ke

Posted in Features, Kenya | 2 Comments »

Give me a new ID; I’m neither a man nor a woman

Posted by Administrator on June 6, 2010

Andrew Mbugua, who has changed names to Audrey to reflect what she considers a new sexual status. Photos/JOSEPH KIHERI

Andrew Mbugua, who has changed names to Audrey to reflect what she considers a new sexual status. Photos/JOSEPH KIHERI

In school, he was male. But now she feels she is a woman, and this unusual gender transition facing the 26-year-old person is driving “him” mad.

Andrew Mbugua’s voice, hair, and all other features are feminine, and her transitional condition has led to police harrassment and a stint in jail for alleged female impersonation although no charges were ever brought.

She has dropped Andrew in favour of Audrey, which she feels doesn’t easily give away her gender.

And she has written to the Registrar of Persons seeking new identification documents that explain the new traumatic sexual transformation that began when Andrew/Audrey was pursuing a university education.
She is a transsexual; in this case a person identified at birth as a male who now feels she is a female. This makes it very difficult to determine the applicant’s “real” gender.

Wikipedia, the online encyclopedia, defines transsexualism as a condition in which an individual identifies with a physical sex that is not their biological one. It does not have to involved surgery but often involves treatment with male or female hormones.

Until the Registrar of Persons issues Andrew/Audrey with new identification documents that indicate the transsexual sex status, Mbugua says she will continue to face discrimination.

“I have written to the Registrar, and we hope he will respond,” Mbugua said, adding that if the request is not honoured, moving to court could be the next option.

Admission of transsexualism can often attract rejection and stigma, which Mbugua says is not easy to overcome given the unfairness to which the individual is subjected.

Dr Joseph Mwai, a Nakuru psychologist and medical doctor, says such cases do occur where the body produces and oversupply of male or female hormones.

“It takes the affected person time to heal, and it’s only an experienced counsellor who can assist him or her,” he said.

Mbugua, who comes from Ndumberi in Kiambu, was born and raised as a boy. While studying at Maseno University, he began to undergo a gender transition.

The unanticipated change has shattered the life of Audrey, who is now distressed and traumatised. At the age of 19, Audrey started to experience what she describes as discomfort with her own anatomy or what psychologists or psychiatrists call gender identity disorder.

Fearing she might grow a beard, she began plaiting her hair and applying makeup, which confused people.

On discovering her transsexual status, Audrey found it difficult to tell her parents and siblings. Her own father, she said, nearly collapsed on learning of her condition.

In order to emerge from self-denial, Audrey has not only decided to go public about her condition but to become a transgender activist as well.

She has established links with well-known American transgender activist Lynn Conway, a renowned computer scientist and an electrical engineer inventor, whose background is similar to Audrey’s.

He was born in 1938 and raised as a boy in White Plains, New York. While struggling with life in a male’s role, Conway married and fathered two children.

She only came to reveal her transsexual status in 1968, the same year she completed her transition to being a female and changed her name and identity.

Unlike Conway, Audrey has been unable to complete her transition owing to what she describes as legal requirements and unfair policies in Kenya.

Source: Daily Nation

Posted in Features | Comments Off

 
Follow

Get every new post delivered to your Inbox.

Join 153 other followers