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by Catherine A. Traywick, Media Consortium blogger
Last October, the Obama administration's announced their intention to reform the detention system-to improve the management, medical care and accountability within detention centers, and make better use of low-cost alternatives to detention.
But one year later, a new report by the Detention Watch Network reveals that the "truly civil" detention system once promised by the administration has truly failed to materialize. And while the Department of Homeland Security (DHS) has been crowing over its record number of deportations, it's suspiciously mum when it comes to the record number of detainees that still languish in woefully mismanaged detention facilities.
DHS gets an "F"
Elise Foley at the Washington Independent notes that, despite DHS's assurances that "visible changes have been made" to the system, immigrant rights advocates are critical of the purported reforms.
The Detention Watch Network, which graded DHS on each of its proposed reform initiatives, concluded that the agency has achieved minimal progress and has not substantively improved conditions for the nearly 400,000 immigrants detained every year under "cruel and unusual," prison-like conditions. DHS received particularly low marks on its promise to utilize low-cost and humane alternatives to detention, such as ankle bracelets or bond release.
Underscoring the case for alternatives to detention, Foley details the story of Pedro Perez Guzman, a 30-year-old undocumented immigrant who came to the U.S. at the age of eight. Guzman, who is married to an American citizen and has a young son, has been in detention since last year, when he was picked up on a deportation order. As a father, breadwinner, and long-time (albeit undocumented) resident, Guzman should be a good candidate for bond release or some other alternative to detention. But because DHS has failed to broadly implement such alternatives, he's spending his last months in the U.S. behind bars instead of with his family.
Reform hasn't curbed sexual abuse in detention
The administration's failure to meaningfully reform the broken detention system has particularly pernicious consequences for women detainees. As I detailed in a special report for Campus Progress, women in detention are routinely subject to a variety of mistreatment that ranges from gender discrimination to rape.
The T. Don Hutto detention facility in Texas stands out as a prime example of how failed reforms have disproportionately impacted women. Four years ago, the facility came under fire after a guard was caught having sexual relations with a woman detainee-an act which, thanks to a loophole in federal law, wasn't technically a crime in privately-operated ICE facilities.
Last year, DHS overhauled the Hutto detention center, publicly touting it as model facility that embodied the administration's vision for "truly civil" detention reform. Then, this August, a Hutto guard was arrested for sexually assaulting several detainees while transporting them for deportation. To date, no one knows how many women he assaulted, or whether other guards have done the same.
Clearly, a DHS facelift wasn't enough to correct a long-standing pattern of mismanagement, poor oversight, and discrimination that ultimately resulted in the victimization of an unknown number of immigrant women.
Traffic violations = mandatory detention
The ills plaguing the immigration detention system are further exacerbated by the growing number of detainees, which has reached a record of 33,000 per day and nearly 400,000 per year.
As Monica Fabian points out at Feet in Two Worlds, a significant proportion of these detainees have been pulled into the system by Secure Communities, a program which targets undocumented immigrants by allowing law enforcement to share fingerprints with federal authorities. Though Secure Communities is purported to target dangerous criminals, it has actually resulted in the detentions and deportations of a number of immigrants who had no criminal record or who were guilty of minor violations:
According to Immigration and Customs Enforcement (ICE) records obtained by the Benjamin N. Cardozo School of Law, the Center for Constitutional Rights, and the National Day Laborer Organizing Network through a Freedom of Information Act request, 79% of individuals deported through the Secure Communities program from October 2008 through June 2010 had no criminal record or were arrested for minor offenses like traffic violations.
Consequently, the detention system is swollen with scores of non-dangerous, non-criminal immigrants whose mandatory detention is not only expensive but excessively punitive.
Maricopa County steps forward
Some of the worst detention conditions documented by immigrant rights advocates have been in Maricopa County, AZ-under the purview of the infamous Sheriff Joe Arpaio. While Arpaio is notorious for treating his prisoners inhumanely, his deputies' treatment of pretrial immigrant detainees has ranged from racial discrimination and harassment to physical abuse and death.
Needless to say, federal reforms have not trickled down to Arpaio's jails, and they likely never will. A lack of legally enforceable baseline detention standards, as well as varying contracts between ICE and municipal jails, virtually ensure that reforms won't be comprehensively enacted or enforced.
Fortunately, the ACLU and other civil rights groups are stepping in where the government has failed to act.
On Wednesday, the Ninth Circuit Court of Appeals upheld a ruling by a lower court that charged Maricopa County Sheriff Joe Arpaio with mistreatment of detainees in his jails for serving them spoiled food and neglecting their health.
Yesterday's ruling will set legal precedent, and help protect prisoners' rights who are in Arpaio's jails today. The order only applies to pre-trial detainees-those who cannot afford bail or are being held without bond, but have not been convicted of anything. According to the East Valley Tribune, that population is about 75 percent of the 8,000 people being held in Maricopa County jails.
While the ruling may be a step forward for detainee rights in Maricopa County jails, it's hardly progress for Arizona as a whole. Like most others states which house immigrant detainees, Arizona boasts a number of variously owned and operated detention facilities whose standards of care and confinement range widely (often to the detriment of detainees). Immediate and comprehensive detention reform is critical.
As Victoria Lopez, an immigration attorney for the ACLU of Arizona, explained to me: "Frankly, when you're dealing with the number of people that go through detention facilities in the U.S. and some of the life or death issues in these cases...I don't know how much longer folks can wait for reforms to trickle down from Washington, D.C., to Eloy, AZ."
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The passage of SB 1070 by the House of Representatives in Arizona will have chilling repercussions if signed into law by Governor Brewer. The bill dramatically expands police powers to stop, question and detain individuals for not having proper identification, a move that will instigate racial tension and fear and driving a wedge between groups.
SB 1070 effectively makes it a crime to be undocumented in Arizona, and will be one of the harshest anti-immigrant legislations in the U.S. if it becomes law. The bill passed in Arizona’s House of Representatives and is to be combined with a similar bill that passed in the Senate, after which it is expected to be signed into law Governor Brewer. Senator Russell K. Pearce (R-AZ) who introduced the bill has publicly stated that if it passes, 10 other states will follow suit with similar legislation.
So what’s in it? The bill requires the police to investigate the immigration status of every person that they come across, whom they have “reasonable suspicion” to believe is in the country unlawfully. This implies that everyone has to carry their papers with them at all times in order to avoid being stopped, arrested, and detained, effectively fashioning Arizona into nothing short of a police state. Currently, police officers can only inquire about a person’s immigration status if the person is a suspect in a crime. In addition, the bill allows anyone to sue a local, country or state agency if they believe that the agency is not enforcing immigration law, expressly forbids cities from adopting “sanctuary” policies that prevent police from carrying out immigration enforcement, and makes it illegal to solicit work or hire day laborers.
While opponents of immigration have been rooting for this measure for a long time, immigrant rights advocates have unanimously condemned the bill as an affront on the civil liberties of the residents of Arizona. From business groups and faith leaders to municipal governments and police chiefs, the bill has seen increasing opposition. Even within the police, while police unions support the bill, the state police chief’s association has opposed the bill, saying that it will hamper the trust that immigrant communities place in the their services. Outraged by its potential passage, groups like the ACLU, NDLON, Bordern Action Network and national networks have gone into overdrive to protest the bill. According to Alessandra Meetze, President of the ACLU of Arizona,
Instead of working on real solutions to the immigration crisis, our legislators have devised a proposal that is full of shortcuts…Contrary to what proponents of SB1070 say, the bill does not prohibit officers from relying on race or ethnicity in deciding who to investigate…A lot of U.S. citizens are going to be swept up in the application of this law for something as simple as having an accent and leaving their wallet at home.
While Senator Pearce believes the bill simply “takes the handcuffs off of law enforcement and lets them do their job”, in reality, it promotes racial profiling and cements anti-immigrant sentiment already prevalent in Arizona. The grounds of “reasonable suspicion” on which police officers will investigate people about their immigration status will in many cases be based on racial and ethnic grounds. One immigration group, Somos America, likens it to the system operating under apartheid or pre-civil rights America with Jim Crow laws, where people of color were disallowed from entering “white” land, yet were exploited for their labor by the white population. Given Arizona’s infamous Sheriff Arpaio whose dictatorial methods favor neighborhood sweeps, tent city detentions, and racial stops the fear of the misuse of the bill is not far fetched.
Roxana Orellana Santos was sitting by a pond and enjoying her lunch when two officers walked over to her and asked her for identification. They immediately took her into custody, detained her, and very soon she was handed over to government agents for possible deportation. For the month and a half that Roxana then spent federal custody, she was separated from her son, who was a 1 years old. She was released after 46 days.
Immigrant advocates later filed a civil rights lawsuit on her behalf, challenging her arrest, stating that neither of the police officers who questioned Roxana Santos had any authority to arrest her based on her immigration status. As Jose Perez from LatinoJustice (a New York-based nonprofit civil rights organization) said in the Washington Post-
Since there was never any suggestion of criminal activity by Ms. Orellana Santos, her questioning and detention were clearly based on one element: her ethnic appearance…This is the essence of racial profiling.
Why did the officers walk up to Roxana on that particular day? She had no criminal record and her information was not previously in the system. It seems to add up that she was asked for her identification purely based on her ethnic appearance. Unfortunately Roxana’s story is far from unique. Racial profiling is a very real and serious problem in the United States, and its integration with immigration enforcement in the past year has increased it by horrific leaps and bounds.
Racial profiling affects members of many communities across the country, including Latinos, African Americans, Arab Americans and Native Americans. Researchers at the Center on Race, Crime and Justice recently analyzed data provided by the New York Police Department (NYPD) examining the demographic trends of their stop-and-frisk policy and found that in 2009, African Americans and Hispanics were stopped at a rate that was 9 times higher than whites, even though they account for only 27% and 24% of the population of New York City. And once stopped, they were far more likely to be frisked and faced with physical force than whites who were stopped.
Even though profiling people on the basis of their race and ethnicity is a deeply alarming trend, a recent study found that subjecting the issue to public scrutiny is one of the most effective ways to reduce racial profiling. Heightened coverage in the media has proved to reduce racial profiling practices of police officers in routine traffic stops, making it important to highlight individual stories and put pressure on the authorities to respect civil rights.
Make a difference by writing a letter to Department of Homeland Security Secretary Janet Napolitano and Assistant Secretary John Morton in ending an egregious immigration enforcement program that has led to many racial profiling and civil rights abuses. Take action now.
While civil rights groups have continued to be critical of ICE over the past year, the first protests against their recent misadventures has been spearheaded by the Service Employees International Union (SEIU). Starting yesterday, the SEIU mobilized their members to participate in vigils outside ICE offices across the country to call on the agency to bring itself back to the enforcement goals it had set at the beginning of the Obama administration last year, goals that it seems to have lost sight of.
One of the country’s largest labor unions, the SEIU held prayer vigils outside USCIS offices in Oakland and Sacramento yesterday and outside ICE headquarters in Los Angeles, San Francisco, San Jose, Boston and Minneapolis today. Speaking on behalf of thousands of workers and human rights advocates across the country, Executive Vice-President of SEIU, Eliseo Medina said-
When DHS first announced its enforcement goals – including its increased focus on worksite I9 audits – SEIU was optimistic that the Obama Administration would clean up past wrongdoings…Instead, the agency has added flames to the fire by replacing worksite raids with electronic raids. Field officers are acting like cowboys, more interested in adding scalps to their belts than targeting criminals and abusive employers, which would actually help solve our immigration problems. As a result, communities lose, businesses lose, families lose, America loses.
Rather than wasting limited funds to chase hard-working, tax-paying cleaners, home-care providers and nannies, the activists will call on President Obama and Secretary Janet Napolitano to re-focus ICE enforcement on its original goals of targeting crooked employers and criminals.
The human repercussions of political decisions made behind closed doors cannot be under estimated. If the promises that the administration made are not upheld, retaliatory actions will continue to take place across the nation.
Watch the latest video from America’s Voice, telling us how the current state of immigration is “More Rouge Than Right.”
No matter what the cause, it’s always the individual stories that resonate deeply. These stories really shed light on how broken the immigration system really, giving us deep insights into the immigrant experience.
Vozmob or “Mobile Voices” is an open-source platform that gives immigrant day laborers in L.A. access to the digital sphere by letting them use cellphones and MMS technology to create photographic, narrative slide-shows as a way to share stories about their lives and communities. In “Working Hands,” a seamstress uses photographs to illustrate the painstakingly detailed and skillful work done by immigrant workers across Los Angeles. The images tell the story of personal dignity and pride in the work done by hundreds of people across the nation.
Vozmob harnesses the power of personal stories to change the way immigrant communities are perceived. In an early Vozmob workshop, a Google search for the phrase “day laborer” revealed a disturbing stereotype, that many crimes are committed by illegal aliens who work as day laborers. By allowing immigrant workers to share their lives, both within their community and outside, the project launched by USC’s Annenberg School for Communication and the Institute of Popular Education of Southern California is changing these false perceptions.
The power of storytelling has been embraced as dramatically by the DREAM Act movement, a movement led by undocumented youth to claim their right to live freely. A moving narrative by Matias Ramos, an immigrant rights advocate since high school describes what he went through while facing deportation. An excerpt from Chapter 1, “The Deported”-
Rush hour traffic in Downtown Minneapolis, and it’s snowing again. I look out the blurry window and can barely see the faces of the people in the van next to ours. I know for a fact, however, that nobody in that packed freeway can see me or any of the other six illegal immigrants on our way to be deported from the United States. The two ICE agents sitting in the front live in a different world, their radio muting any sounds from us: the illegals in the back. An unmarked van, owned by the Department of Homeland Security, is taking us to a county jail in Albert Lea, Minnesota, near the border with Iowa. There, we will wait for our deportation date when the paperwork clears….I try to get my mind somewhere else by going back to the church songs we sang as kids…
In Chapter 2, “We don’t have papers,”, Matias candidly writes about his lack of papers, and his involvement with the DREAM Act movement-
Way before being trapped in a van in Minneapolis, and because my papers expired, I started working for immigration reform in the United States. I work on immigration because I don’t have papers. There are a lot of people like me. They should really be doing something else, but they work on immigration. They have degrees in engineering, political science, and education. They have acting careers and business plans on hold – while they work on immigration…I did not go back to Argentina in 2008 because we had just helped Obama win and because we were going to work hard to pass the DREAM Act in the first 100 days. The DREAM Act is an old but little-known proposal to start reforming immigration like you would start rescuing a sinking ship: with the kids…
Some days it is hard to be optimistic. But it’s stories like these, from the hundreds of day laborers whose work goes unnoticed on a daily basis and brave activists like Matias, that power the movement. So don’t stop reading, watching, learning, sharing and telling stories. And whatever you do, don’t stop dreaming.
60 police forces across the country have signed agreements with ICE that allow their local officers to detain suspected immigrants for deportation. Various reports have documented racial profiling concerns, but the government has failed to listen. Even Members of Congress and police foundations have spoken out against the program, which diverts scarce resources from the police and endangers community safety as people are afraid to report crimes.
The OIG points out serious flaws in ICE’s 287(g) program for its lack of training, oversight and transparency, and its failure to protect against racial profiling and civil rights abuses. In one example, a victim of a traffic accident who was also an immigrant was taken straight to the local jail until federal officers arrived to check his legal status. And although the program is supposed to focus on “Level 1″ offenders or those who have committed serious crimes, almost half of those reviewed had no involvement in such crimes, revealing a misdirection of resources.
The issue around a lack of supervision is grave. “In the absence of consistent supervision over immigration enforcement activities, there is no assurance that the program is achieving its goals.”This has led to severe violations, with Sheriff Arpaio type neighborhood sweeps to locate undocumented immigrants. Other horrific examples – Juana Villegas, 9 months pregnant, was detained on a minor traffic stop and remained shackled while giving birth, while Pedro Guzman, a mentally ill U.S. citizen was mistakenly deported to Mexico.
And finally, the 287(g) training of police officers is very inadequate. In one example, two officers who were enrolled in the program had been defendants in past racial profiling lawsuits, indicating a flawed selection process. The performance records of local officers are not examined properly while many officers are given only a cursory training in immigration law.
While ICE claims that the report was researched before it has made radical changes to the program, the changes that have been made are largely superficial and problems continue unchecked. Many groups consider this report a wake up call and have demanded the 287(g) program be “ended, not mended.” Take action to “Reign in the Cowboys at ICE.”
Sirens, helicopters, immigration agents with guns swarming into factories and homes, this was standard game for immigration raids during the Bush administration. But all that was supposed to change during President Obama’s tenure. In a disturbing turn of events, documents procured by the Washington Post have exposed a senior-ranking Immigrations and Customs Enforcement (ICE) official explicitly stating that even while deportation of those with criminal charges has risen, the overall number of deportations is “well below the agency’s goal” and what is needed is a reversal of the downward trend of deportations.
Rather than reflect the plans of the Obama administration that is committed to an enforcement agenda focused on immigrants that commit serious crimes, the exposed ICE memo has laid out a plan that will -
pump up the numbers by increasing detention space to hold more illegal immigrants while they await deportation proceedings; sweep prisons and jails to find more candidates for deportation and offering early release to those willing to go quickly; and, most controversially, include a “surge” in efforts to catch illegal immigrants whose only violation was lying on immigration or visa applications or reentering the United States after being deported.
In keeping with this plan, ICE field offices in Dallas, Chicago and Northern California have set their agents an incentive system that calls for them to process 40-60 cases in a month in order to earn “excellent” ratings. Such a policy encourages agents to target “easy” cases rather than focus on high risk, criminal cases that take longer to process.
Our longstanding focus remains on smart, effective immigration enforcement that places priority first on those dangerous criminal aliens who present risk to the security of our communities. This focus has yielded real results – between FY2008 and FY2009, criminal deportations increased by 19%… Significant portions of the memo cited in The Washington Post did not reflect our policies, was sent without my authorization, and has since been withdrawn and corrected.
Mixed signals from an agency known for its harsh implementation of detention and deportation policies. Areport published by the Center for American Progress weighs the fiscal damage that would result from mass deportation of all immigrants, the alternative to comprehensive reform that is championed by immigration hardliners, and the results should worry us all.
Based on federal spending on border enforcement and deportation for 2008, the report estimates the cost of detention and deportation for 10.8 million undocumented immigrants present in the U.S. at around 200 billion dollars. Referring to the option of mass deportation as the “status-quo on steriods”, it points to this option as a highly irresponsible one that would require “$922 in new taxes for every man, woman, and child in this country.” The bad news, the National Immigration Forum puts this number on the lower side.
The good news. Americans aren’t buying this option and are demanding immigration reform in record numbers. The Public Religion Research Institute asked American voters (predominantly white Evangelicals, Catholics and Mainline Protestants) what they think about immigration reform, and found-
Two-thirds of Americans believe in a comprehensive approach that offers illegal immigrants an earned path to citizenship. Overwhelming majorities of those asked believed that immigration reform should be guided by values of fairness, security, dignity and keeping families together.
The overwhelming majority of immigrants say they’re happy in the United States, and would do it all over again if they could. Immigrants “buy in” to American society, for themselves and their children. They rate the United States as an improvement over their birthplace in almost all dimensions, and most say they expect their children to remain in this country. A solid majority says that illegal immigrants become productive citizens and an overwhelming 84 percent support a “guest worker” program
So what’s next? We’ve marched. We’ve rallied. We’ve practically shouted from rooftops demanding immigration reform. And now it’s time to make sure that we get some concrete action. With the current system broken, expensive and inefficient, and with 10.8 million people eager to contribute to the nation’s economy and society, everyone should be on board for finding a sustainable, just, and humane solution to the current immigration system. We rest our case.
As the dust settles around the 200,000 March for America in D.C. this weekend, it is important to remind ourselves why we need immigration reform. A new report by the ACLU is one such reminder of racial profiling that is alive and kicking in the United States. As one of the most unconstitutional implications of our broken immigration system, racial profiling takes place when police stop, interrogate, and detain people on the basis of their appearance, accent or general perceived ethnicity, rather than on the basis of concrete evidence of criminal activity.
Called “The Persistence of Racial Profiling in Gwinnett: Time for Accountability, Transparency, and an End to 287(g),” the report uses individual testimonies from the community to examine the persistence of racial profiling in Gwinnett County, Georgia, before and after the introduction of the 287(g) program that partners local law enforcement with federal Immigrations and Customs Enforcement (ICE) to enforce immigration law. Dedicated to the brave undocumented students walking the Trail of Dreams who marched into this “risky” 287(g) county, the report focuses on Sheriff Conway known as the “Joe Arpaio of the South”, who claimed that November 16th, 2009 or the day that the 287(g) program officially took off in Gwinnett County “was a great day for Gwinnett County citizens.”
Racial profiling has always been prevalent in Gwinnett County. In a case that took place before the implementation of 287(g), a woman named Mary Babington witnessed two police offers stop a white Sedan and pull out two Latino men at gun-point, shouting at them the entire time. They were then cuffed and made to lie on the ground, shirtless. One of the men was crying and asked the officer for his shirt, saying he felt cold. The officer then kicked him on his back and yelled at him not to move. Mary then heard one ="padding-left: 30px">They wouldn’t come out when I pulled my gun, so I sprayed the whole can of pepper spray. I emptied the whole can on them…Dude, I emptied the can in his face. I love my job.
According to the witness, Mary, the officers did not tell the men why they had been stopped, and did not read the men their rights at any point. Finally the officers administered a breathalyzer test and gave one of them a ticket for driving under the influence.
The implementation of the 287 (g) program has only exacerbated racial profiling. Many people of color have been stopped, interrogated, detained and even abused based on minor traffic violations even though 287(g) is supposed to be implemented to catch serious criminals. Some were stopped without any probable cause and never given an explanation.
A case in point is the testimony of Juan, a 48-year maintenance technician who is a legal permanent resident, entitled to live and work in the U.S. In the last year he has been stopped by local police on two different occasions, both times without any legal basis. On the most recent occasion, a Gwinnett police officer asked Juan to pull over as he was driving home from work. Despite him asking the officer five times why he was being stopped, he was given no answer. Instead the officer continuously screamed at him for asking questions and asked him for his driver’s license, which he handed over. Juan was eventually released without a citation but never found out why he had been pulled over and detained. He is now constantly worried about such an event recurring and avoids driving in certain areas of Gwinnett County.
In a podcast interview, Azadeh Shahshahani from the ACLU talks about the ways in which the 287(g) program has been extremely harmful for the 70 jurisdictions in which it operates. Local profiling has threatened public safety so that instead of trusting the local police, people are increasingly afraid to approach them, creating a dangerous communication barrier between local law enforcement and the community. In addition to diverting resources, the 287(g) program employs local police officers who are not trained in making immigration and status determinations, resulting in them restoring to their perceived notions about people’s race, ethnicity and accent.
While 50% of U.S. states have enacted legislation against racial profiling, legislation is still pending for Georgia. According to Azadeh -
In Georgia the problem is compounded because not only is there not any meaningful federal oversight, but there is also no oversight at the local or county level that we have seen…One of our main recommendations would be for law enforcement to revert to a policy of having federal immigration laws enforced only by federal immigration officials, and leave police to the job of protecting our communities.
So what’s the best outcome? Lacking training and oversight, stop 287(g) program all over the country. Document all the stops that are being made in the name of the program to check for patterns of racial profiling. And pass anti-racial profiling legislation so everyone is protected.
On Sunday March 21st we joined tens of thousands of people from every corner of the country as they came together in Washington D.C. to demand humane immigration reform NOW. With thousands of workers, faith based groups, young people, LGBT folks and African-Americans demonstrating, the atmosphere on the National Mall was electric. Once we finished taking in the sheer magnitude of the sea of people that stretched across five blocks of the Mall, we held our signs up high and joined in the innovative and energetic rallying. It was difficult to not be distracted by the variety of colorful banners, signs, puppets and slogans that people creatively designed, and we were inspired by chants of “Sí Se Puede”, “No Human Being is Illegal,” and “Change Takes Courage.” The most prominent colors of the day were red, white and blue as demonstrators proudly waved American flags as they marched for justice.
Drawing on the history of the civil rights movement, Reverend Jesse Jackson was one of the enigmatic speakers who spoke of immigration as a civil rights issue that impacted all Americans. Other speakers included Rep. Luis Gutierrez, the leader of the movement for immigration reform, whose speech mirrored the spirit of urgency palpable in the crowd.
We’ve been patient long enough. We’ve listened quietly. We’ve asked politely. We’ve turned the other cheek so many times our heads are spinning…It’s time to let immigrants come out of the shadows into the light and for America to embrace them and protect them.
Cardinal Roger Mahony from L.A. made a touching and inspirational speech reminding us of the pain visited upon immigrant families impacted by the broken immigration system.
Consider what happened to little Gabby, a U.S. citizen whose father was taken from their home at 5 a.m. when she was nine. Now 14, instead of playing with her friends she takes care of her baby brothers while her mother tries to make ends meet. Gabby prays that Congress and the President enact immigration reform, so that she can once again feel the warmth of her father’s embrace and never again have nightmares that she will be left alone.
If we work together, across ethnic, state and party lines, we can build a future worthy of our history as a nation of immigrants and a nation of laws…I have always pledged to be your partner as we work to fix our broken immigration system, and that’s a commitment that I reaffirm today.
As health care reform passed by evening, the time for talk seemed likely over. Sunday showed us that the lack of forward movement on reform and the unending enforcement actions targeting innocent workers and families would be tolerated no further. The next day, we joined a national action organized by FIRM at the Republican National Committee offices to call for stronger support and leadership for immigration reform from Republican leaders. As we picketed outside, organizers marched into the RNC office and demanded a meeting with RNC Chair Michael Steele, who had rejected an earlier request. The strategic sit-in action met with success as a meeting was fixed for March 31st.
There will be a lot of hard work in the upcoming weeks. For now, we need you to send a free fax and tell your Members of Congress that if they “don’t choose courage over hate, we’ll elect people who will.” And keep tuned for our video of this momentous event.
This week marks the thirtieth anniversary of the monumental Refugee Protection Act of 1980 marking a historic moment which created a legal status for asylum and a formal process for the resettling of refugees from around the world, affirming that the protection of all victims of persecution is an integral part of U.S. policy. Senator Edward Kennedy, who worked tirelessly for over a decade to secure the passage of this Act ensured an impartial and consistent system of asylum and resettlement for anyone
who is unable or unwilling to return to his country of nationality because of persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
In the thirty years since the passage of the Refugee Protection Act, the U.S. has granted asylum to over half a million people and has been responsible for the resettlement of nearly two and a half million refugees. But these successes have been undermined by national security measures post 9/11 which have practically shut the resettlement system down, leading to President Obama having to sign a Presidential Determination authorizing the admission of 80,000 refugees in 2010 because of failures in the system.
In November 2009, a Human Rights First report reported that since 2001, over 18,000 refugees have faced delays or been denied asylum because of the USA Patriot Act of 2001 and the Real ID Act of 2005 that labeled them “terrorists”. Following 9/11, these acts expanded the scope of laws defining material support to terrorist activity so that thousands of men, women and children who had faced rebel armies and fought for democracy in their countries were denied asylum even while they had fought for causes supported by the U.S.
But this isn’t the only way the system has faltered. Increasing numbers of asylum seekers are locked into detention for months, sometimes years, while pursuing their asylum case. Like Jean Pierre Kamwa, who fought for democracy in Cameroon and facing severe mental and physical abuse came to seek protection in the United States, only to be locked up for four months in a windowless detention center in New Jersey, until he was granted asylum. But Jean Pierre was lucky because he got pro-bono help from a lawyer. Many are deported because they do not have enough access to information in substandard detention centers and are unable to explain their cases to an immigration judge adequately.
That’s what makes Senator Patrick Leahy’s introduction of the Refugee Protection Act 2010 so momentous. If passed, the legislation would strengthen legal protections for those seeking asylum in the United States and ensure that more people who deserve protection can benefit from it. Co-sponsored by Senators Carl Levin, Richard Durbin and Daniel Akaka, the bill addresses flaws in the current system including ensuring a nation-wide alternatives to detention program, access to counsel, medical care and family visits while in detention. The bill also eliminates the requirement that asylum applicants file a claim within one-year of arrival in the U.S. giving more leeway to those needing protection, protects particularly vulnerable asylum seekers like the LGBT community by ensuring they can pursue a claim even where their persecution is not socially visible, and modifies the material support and terrorism bars in the law.
While the bill rallies up support to pass the Senate, the National Immigrant Justice Center and 30 nongovernmental organizations, think tanks, and academics are filing petitions with the Department of Homeland Security and the Department of Justice requesting similar regulations allowing the release of detained asylum seekers who pose no danger to the community so that these can be implemented on an administrative level as well while the bill is being debated.
With less than a week to go, advocates across the country are gearing up to “March for America,” the massive mobilization for immigration reform where 100,000 supporters are expected to descend on the nation’s capital on March 21st. In anticipation of the march, members of the National Day Labor Organizing Network (NDLON) have set off from different parts of the country to Washington D.C., with the aim of building support amongst local communities on the way and calling attention to the desperate need for reform of immigration laws that tear families apart and repress the immigrant community.
The Puente Movement, and their “Human Rights Caravan” of day laborers, advocates and community members left Phoenix on March 6th for a three-week, awareness-raising journey through Arizona that will culminate in Washington D.C. on March 21st. As part of their efforts, they have been organizing events in small towns and big cities to highlight the civil and human rights crisis in Arizona and other places where large communities are impacted by increased enforcement policies. On March 13th, the caravan was joined by Rep. Luis Gutierrez in Houston for a large rally that called for immigration reform. On the East Coast, several day laborers from New York and New Jersey began a 300-mile “Walk for Human Dignity” on Saturday, March 13th. Inspired by the courageous “Trail of Dreams” walkers, they will be stopping at various day labor corners, churches and worker centers on their way to Washington D.C.
So is all this buzz around the “march” reaching Washington D.C.? When President Obama announced three meetings on the issue of immigration reform last Thursday (March 11th), it seemed like the message that immigrant rights advocates across the country were sending out was finally hitting home. After the President had a “feisty” meeting with representatives from immigrant rights groups on Thursday morning, Sen. Schumer and Sen. Graham presented their legislative plans for the bill on comprehensive immigration reform in the Oval office. The Senators requested the President for his support in ensuring bipartisan support for the bill, and while the President committed his “unwavering support” to reforming immigration laws, he gave no concrete plan of action or time-line for moving forward. However, as summed up in a New York Times editorial about the meetings that President Obama had with immigrant rights advocates, with the Congressional Hispanic Caucus, and with Sen. Charles Schumer and Sen. Lindsey Graham, “What we’d rather know is when the bill is coming, what it will look like and what he is going to do to get it passed. Enough with the talk.”
In a statement released by the White House after the meetings-
Today I met with Senators Schumer and Graham and was pleased to learn of their progress in forging a proposal to fix our broken immigration system. I look forward to reviewing their promising framework, and every American should applaud their efforts to reach across party lines…I also heard from a diverse group of grassroots leaders from around the country about the growing coalition that is working to build momentum for this critical issue. I am optimistic that their efforts will contribute to a favorable climate for moving forward. I told both the Senators and the community leaders that my commitment to comprehensive immigration reform is unwavering, and that I will continue to be their partner in this important effort.
As indicated by White House press secretary Robert Gibbs, it seems that while immigration remains an important issue for President Obama, it is not a priority in this election year, thereby making the concrete action that the Obama administration had promised within the first year of office, seem like a distant dream. It is clear that the meetings were a result of the mounting pressure for action on immigration reform from the grassroots and community level. In spite of the build-up towards the nation-wide mobilization on March 21st, the outcome of the meetings, beyond a reiteration of the promise of support, remains unclear.
As if to highlight just how pressing the need for reform of the broken immigration system is, while Obama was meeting with advocates who were frustrated with increased enforcement and deportations under the Obama administration and anxious to enlist his support for moving reform forward, a series of raids in Maryland led to the arrest and detention of 29 workers. Not far from D.C. on Thursday morning, Immigration and Customs Enforcement conducted simultaneous raids in Anne Arundel and Baltimore counties at two restaurants, several residences and an office. On Friday, advocates from the immigrant rights organization Casa de Maryland were back outside the White House, but rather than meeting with the President, they had gathered to protest the raids and splitting of families as a result of enforcement policies. Gustavo Torres, Executive Director of Casa de Maryland denounced the raids-
Everyday, tens of thousands of hardworking immigrants in Maryland leave their families to go to work, and tonight twenty-nine of our brothers are detained as their families are left to grieve…This is not an acceptable way to treat members of our community who work hard every day to make Maryland strong for us all.
In the face of the push for the nation-wide push for reform, the efforts of mobilization towards the March for America, and the Presidential meetings, it is not difficult to wonder about the timing of the ICE raids in Maryland. Either way, the continuation of such unjust and inhumane enforcement policies is unacceptable. We can only hope that the final push for support over the next week bears fruit and the impact of the march in Washington D.C. is felt by everyone.
A New York Times op-ed states that the “March for America” could be the “game changer” in the equation, so come to Washington D.C. and make it count! Like we said before, this is your march, so see you at the National Mall in Washington D.C.!
Ed. Note: After a brief hiatus, the Diaspora is back! We're very excited to have Erin Rosa on board for this project. Please stay tuned for a the latest developments on the immigration reform front every Thursday morning.
Fed up with Congress and frustrated with President Barack Obama's brief mention of immigration reform in the State of the Union address, immigrant rights supporters are now organizing around the clock to push legislators to move on reform in 2010. It will not be an easy feat.
Congress is already bogged down with health care reform and a lingering economic crisis. While Rep. Luis Gutierrez (D-IL) has proposed a bill in the House of Representatives to provide a pathway to citizenship for the estimated 12 million undocumented immigrants living in the United States, immigration reform could be doomed for 2010 if it's not introduced in the Senate by this Spring. Otherwise, it's very unlikely that Congress will get around to debating the issue by the end of the year.
Aware of these bitter facts-and even more cognizant of the human rights abuses that will continue so long as the status quo is maintained-reform proponents are gearing up for a number of key battles to improve the immigration system.
La marcha
Born from dissatisfaction with Congress and Obama's inability to deliver reform, organizers from around the country are preparing to march on the National Mall in Washington, D.C. On March 21, the first day of Spring. The objective is to draw tens of thousands of immigrant rights supporters to Capitol Hill. As New America Media reports, March for America "will be a test of immigrant advocates' organizing capacity and their increasing use of technology to stoke a popular groundswell on immigration."
The march, which is organized by the Reform Immigration For America coalition, will also "bring together advocates focused on different parts of the immigration policy agenda," including supporters of agricultural labor, better immigrant detention standards, and the DREAM Act, federal legislation that provide a pathway to citizenship for certain immigrants who entered the United States before the age of 16.
While mainstream media coverage of the march has been relatively quiet, with many English-language outlets ignoring it completely, the organizing behind the scenes has been even more hush hush. This is a massive grassroots effort to raise public awareness around the country. Members from hundreds of state immigration groups are attending churches, making phone calls, knocking on doors, and organizing caravans to get people to Washington in March. Even mainstream Spanish-language outlets have gotten involved and encouraged their audiences to contact the Reform Immigration For America campaign for all the latest information.
Perhaps most refreshing is that unlike the immigration reform fight in 2007, which was plagued by a number of organizational hurdles, national immigration organizations in Washington have reached out to grassroots groups across the nation for the march. As Bill Chandler, an executive director for the Mississippi Immigrant's Rights Alliance, told the National Radio Project recently, "The grassroots groups were left out of the discussion [in 2007] and what we're trying to do is make sure that doesn't happen again."
Speed bumps on the Trail of Dreams
While organizers are preparing for his month's march, four young students are continuing a 1,500 mile trek on foot, dubbed the "Trail of Dreams," in support of the DREAM Act. The students, three of whom are undocumented immigrants, started their journey on Jan 1. in Miami and are currently hiking through Georgia on their way to Washington, where they are expected to arrive in May. Along the way, they are educating people about how the DREAM Act would help kids like them.
Under current law, some of the walkers still face deportation, even though they were only children when their parents brought them into the United States. While the four students have encountered a lot of support from the communities that they've visited, they've also come across some ugly opposition. As AlterNet notes, a recent Ku Klux Klan rally in Georgia "was timed to occur when the Trail of Dreams walkers were passing through the area," and there was a "a stark difference between the messages of the two groups: one for tolerance and human rights, the other for hatred and racism.
Immigration Detention Abuses Continue
The Varick Federal Detention Facility, a privately-run immigration prison in New York city that was overseen by the Immigration and Customs Enforcement (ICE) agency, is closing and relocating approximately 250 of its inmates to a New Jersey lockup. As RaceWire reports, the move is "partially because of public pressure" since "Varick has a well-documented track record of detainee abuse and fatal medical negligence," but "shutting down one facility doesn't address the broader system."
When immigration officials granted a media tour to The Nation shortly before the prison closed, reporter Jackie Stevens described the scene inside: "The dorms are packed with rows of narrow beds, fifty in all; the law library has dated resources; there is no privacy; and there is no natural light, ever."
On top of that, even "the agents hosting the tour seemed embarrassed and emphasized the upcoming transfer as we looked through a long hall window at men slouching, feet on the floor, using their beds as backless chairs." Varick is just one of many immigration detention facilities with documented abuses, and while the Department of Homeland Security, the agency that ultimately controls ICE, has promised to reform the system, they have still refused to introduce any legally-binding regulations for detainee treatment.
This post features links to the best independent, progressive reporting about immigration by members of The Media Consortium. It is free to reprint. Visit the Diaspora for a complete list of articles on immigration issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, and health care issues, check out The Audit, The Mulch, and The Pulse. This is a project of The Media Consortium, a network of leading independent media outlets.
There’s nothing better than a real-life inspirational story. Last week we brought you the amazing story of New York’s favorite District Attorney, 90 year old Robert Morganthau, and his commitment to equal justice for all. Today, we are happy to bring you another story confirming that New York stalwarts of justice are on a roll.
A New York Times article tells the story of Ex-Judge Michael A. Corriero and his commitment to supporting Qing Hong Wu, a man who he sentenced as a juvenile 15 years ago, for misdemeanors on the “mean streets” of New York. Motivated by Wu’s reputation as a stellar student, and intent on creating a juvenile criminal system that promised a chance for reform, Corriero promised Wu that if he got educated, worked hard, and reformed his life, he would stand behind him if ever he needed it. Today Wu desperately needs Corriero’s help and Corriero, long-retired, is doing everything he can to ensure justice.
Qing Hong Wu moved to the U.S. with his parents when he was 5 years old. With his parents working long hours to make ends meet, he got mixed-up in some bad company at the age of 15. At his trial, the teenager pleaded guilty, saying, “I’m sorry and I really hope that you will forgive me for all the pain and trouble I made them go through.” Court transcripts show that Judge Corriero called the case a tragedy and gave Wu the following advice,
This is not the end, this is really the beginning of a new period for you. I want you to educate yourself. Continue to read, follow the rules. You will want to get a job and become a meaningful, constructive member of society to help your family. I will be there to make sure that you can.
A model inmate, Wu took Judge Corriero’s advice very seriously. He was released from his nine year reformatory sentence in three years and worked towards turning his life around; he studied hard and supported his mother by working his way up to the position of Vice-President of IT at a management company, and is now engaged to be married. Inspired by the example of his mother, sister and fiance becoming U.S. citizens, he applied for citizenship last November, 15 years after having served his time. Immediately, Wu became subject to 1996 laws that make no allowance for those who have rehabilitated their lives and earned a place in society. He was locked up by Immigrations and Customs Enforcement in a detention center in New Jersey and is facing deportation to China, a country that he has not lived in for 25 years.
At the time that Mr. Wu pleaded guilty, he was not made aware of the consequences to his immigration future that could be a direct result of his sentence. Currently, the only way that Mr. Wu’s deportation can be stayed is if he is granted a pardon that erases his criminal record. While in detention, Wu wrote a letter to Judge Corriero, reminding him about the promises that they had made to each other 15 years ago. Amongst the many appeals for his release from employers, friends and family is the strong appeal that Judge Corriero, now 67 and retired, has made to Governor David Paterson, saying that Mr. Wu has earned his second chance and should be allowed to remain in the country.
Judge Corriero is of the strong opinion that while on the one hand the justice system aims to rehabilitate those accused of crimes, especially juveniles, so as to prevent against the trap of them repeatedly re-entering the criminal system, a parallel law enforcement system is working directly against this by ignoring the details of individual cases and blindly enforcing old laws. In his book, “Judging Children as Children: A Proposal for a Juvenile Justice System”, Judge Corriero envisages a more flexible justice system that supports and nurtures those who have committed mistakes and learnt from them, allowing them to change their lives rather than perpetuating a vicious cycle.
Now the Executive Director of Big Brothers, Big Sisters of New York City, the judge is going to great lengths to do something for Mr. Wu. We always believe that human rights begins with an individual. Judge Corriero has made a personal effort, and we really hope that this, combined with all the support that Mr. Wu has received, will make a difference.
In the mean time, if you want to be an inspiration, join SAALT’s new video project, “Say it Loud: Share Your Story for Immigration Reform”, As Congress and the Administration debate immigration reform this Spring, SAALT is collecting video testimonials from individuals who have a personal story to tell about how they might have been affected by the broken immigration system and what immigration reform would mean to them. These stories of personal experience will serve as powerful and inspiring tools in the mobilization towards immigration reform, so if you have something to say, then create a video with your personal take on this question, “Why do you believe the U.S. immigration system needs to change”. Send it to SAALT and join the likes of Morgenthau and Judge Corriero by taking a step for human rights!
New York City is gearing up for immigration reform so make sure you don’t get left behind. Starting this week, calendars are marked with events to mobilize our elected officials behind immigration reform in 2010.
As we speak, a group of dedicated advocates, students and volunteers are kicking off a five day multi-city caravan across the State of New York organized by the New York Immigration Coalition and Reform Immigration for America. The 12 hopefuls set out on President’s Day, sleeping bags and all, and will travel to ten cities, taking advantage of the Congressional Recess to rally support for immigration reform in every corner of the state. Osmán Canales, 21, of Long Island, a green card holder who is on the trip said,
We want to send a message to our government that we cannot wait any longer. There is too much suffering, too many families torn apart, too many kids who can’t get an education. I have the opportunity to go to college, and I want other students to have the same right.
And while you keep up on Facebook, take some time out of your week this Ash Wednesday to join Pax Christi NJ and people of faith as they walk from Ellis Island to the Elizabeth Detention Center to draw attention to the moral failings of the U.S.’s immigration and detention policies. The organizer for the event, Kathy O’Leary said,
Today’s immigrants are no different from my great-grandparents in that they come here to work and make a better life for their families. However, for them the ‘golden door’ has been nailed shut. There is no ‘line’ for unskilled workers.”
Together, the events of this week and next mark a nationwide escalation towards a March 21st mobilization in Washington D.C. Hundreds of thousands of people will gather in D.C. in the March for Freedom/March for America to drive home the message to the President and Congress to ACT NOW. We need YOU to join us there. Sign up here for updates.
From Restore Fairness Blog
Immigration courts must be fair. Especially since deportation is like life or death sentence for many. Watch Judge Dana Marks, President of the National Association of Immigration Judges, and the ABA take on the need for an independent court system.
Here's another damning piece from the New York Times exposing the nation's shadowy immigration detention system, which exploded under the Bush administration.
Un año después, las cosas parecen seguir igual. A pesar de las promesas del presidente Barack Obama, quien aseguró que durante el primer año de su administración sería aprobado un proyecto de reforma migratoria, el plazo se cumplió y la promesa sigue en el aire.
On Tuesday, the worst earthquake in 200 years struck just off the coast of Port-au-Prince, Haiti, as The Nation reports. Bringing "catastrophic destruction" to the poorest nation in the Western Hemisphere, the disaster has spurred relief efforts worldwide. Crises like this are important reminders of how the treatment and protection of refugees must be a part of immigration reform.
Temporary protected status for Haitian refugees
In September of 2009-just one year after Haiti was decimated by four successive hurricanes and tropical storms that affected at least 3 million people-New America Media (NAM) made a prescient call to halt all deportation to Haiti, and grant Haitians temporary protected status (TPS) status in the U.S. "before more Haitians die or are impacted by natural disasters."
Andrea Nill, writing for NAM's EthnoBlog, reminds us it was only ten months ago, in March of 2009 that the Obama administration indicated it would "continue deporting undocumented Haitians," in spite of the critical situation on the ground. Yesterday, Nill argued that not granting Haitian refugees TPS at this point would be "inconsistent with the promises the Obama administration has already made to the people of Haiti." Later in the day, Department of Homeland Security (DHS) Secretary Janet Napolitano responded by stating deportations to Haiti would, indeed, be temporarily halted.
[ED. NOTE: Stay tuned for more coverage of Haiti and relief efforts. The Media Consortium will release a special report compiling our member's coverage of the crisis and ways to help later today.]
Legalize the undocumented; boost the economy
It's a fortunate confluence of circumstance, when doing the right thing could also help our faltering economy. Jorge Rivas of RaceWire highlights a new study on the beneficial economic effects of legalizing undocumented workers through comprehensive immigration reform. The study came about through a partnership between the Center for American Progress and Dr. Raul Hinojosa-Ojeda, associate professor at the University of California, Los Angeles. The research suggests that legalization would yield $1.5 trillion to the U.S. Gross Domestic Product over a 10-year period, generate billions of dollars in additional tax revenue, increase wages for all levels of workers in the U.S. (the "wage floor") and create hundreds of thousands of jobs.
Detention center cover up continues
RaceWire also reveals new developments in the horrific tale of corrupt immigration officials "desperate to conceal" multiple incidents of abuse in Immigrations and Customs Enforcement (ICE) detention centers. Violations of law include "covering up evidence of gross mistreatment, undercounting the number of detention deaths, discharging patients right before they die, and major efforts to avoid scrutiny from the news media." Reportedly, ICE has made great efforts to cover up detention conditions and cruelty. (Video below).
'Draconian' anti-immigration legislation passed in Mississippi
Rev. Jeremy Tobin of American Forum reports on a piece of "draconian" anti-immigration legislation passed in Mississippi in March of 2008. SB 2988 makes it a felony for an undocumented immigrant to work in the state. The bill includes a waivable fine for employers that cooperate with the prosecution of undocumented workers. SB 2988 oppresses immigrants and weakens the power of organized labor. According to Tobin, one frustrated legislator said that the bill was "making it a crime to work an honest job."
Tobin calls out various organizations that backed the bill. These groups "started out anti-civil rights" and have since "reinvented themselves to be anti-immigrant rights." He also notes that a "disturbing" number of Mississippi Democrats voted for SB 2988.
This post features links to the best independent, progressive reporting about immigration by members of The Media Consortium. It is free to reprint. Visit the Diaspora for a complete list of articles on immigration issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, and health care issues, check out The Audit, The Mulch, and The Pulse. This is a project of The Media Consortium, a network of leading independent media outlets.
[This is a guest post from Carl McGinnis, a citizen of the United States, who has seen the horrors of immigrant detention after ICE detained his legal immigrant friend, Noureddine Feddane. Originally cross-posted at Change.org].
I am a citizen of the United States and I have a friend that is from Paris, France here on a student visa to finish his degree. Noureddine Feddane has been here since 2005. His visa is valid until March of 2010, his passport is valid until 2014, and his I-20 is current. He is not what people call an 'illegal immigrant.' In 2008, he fell in love and married a U.S. citizen that just happens to be addicted to prescription medications. Noureddine knew nothing about this. But he was arrested due to her mistakes.
He was placed in detention and scheduled for deportation. My friend has been in detention center in Pompano Beach Florida for 5 months now. This couple has lost all there savings on lawyers, she lost her job, and they are in the process of losing their home. All this was caused because ICE has the wrong person in jail.
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I have written many letters to Janet Napolitano, Senator Bill Nelson, Representative Ginny Brown-Waite and even President Obama. But no one will listen. What is illegal in this case is the way DHS is treating this guy, who is 51 and has never had a traffic violation. While in detention center, they have abused him, denied him food and proper medical treatment. Noureddine is diabetic and they will not give him the proper food or medical attention. The phone system is very poor and hardly works. I suspect that they plan it that way so the detainees cannot contact their lawyers and family. I fear he will be next on the long list of persons that have died while in detention.
While many pundits and political analysts are musing about what Tuesday's mixed bag election results mean for Obama administration, New America Media reports that "there's another trend to watch; the surprising prominence of immigration politics."
A crowd of thousands gathered on Capitol Hill Tuesday, to lobby for and support immigration reform, as Debayani Kar writes for RaceWire. Representative Luis Gutierrez (D-IL) of the Congressional Hispanic Caucus "presented his key principles for comprehensive immigration reform" at the rally. They include:
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