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Arizona, Wisconsin…Searching for freedom in a sea of hate

Two months into the new year, it looks like the hateful and divisive rhetoric that marked 2010 is continuing to make it’s presence felt. Fueled by frustration over the economic situation, and by the changing racial and ethnic face of the country, ‘hate’ groups espousing extremist views on race, politics and culture are growing at an alarming rate. According to the Southern Poverty Law Center’s annual investigative report released on February 23rd, the number of hate groups in the country has topped 1000, more than have existed at any point in over 20 years.

A lot of the vitriol is directed at President Obama, who is often seen as a symbol of all that is “wrong” with the country. Any residue anger seems to be directed at minority groups, with a focus on the immigrant population that comprises a significant percentage of the country’s workforce. From previously existing mainly on the fringes of media and politics, this hate and resentment aimed at minorities has now decisively made its way into the mainstream, most visible in the political sphere in the form of countless bills that are being introduced around the country. In addition to the events currently taking place in Wisconsin, it is difficult to ignore the vast array of anti-immigrant legislation and enforcement measures that are on the cards at both the Federal and state levels.

The passage of SB1070 by Arizona’s Gov. Jan Brewer in April of last year set off a wave of harsh anti-immigrant laws that raise concerns of racial profiling and civil rights violations in various states around the country and pose a serious threat to basic American values. State legislative sessions across the country from California to Kentucky, Texas to Rhode Island have witnessed the introduction of immigration enforcement bills that have severe implications for racial profiling. On February 24th, Ohio introduced its own version of  Arizona’s SB1070 in a bill which permits local police officers to enforce federal immigration laws. A bill introduced in the Arkansas state legislature that would deny state benefits to undocumented immigrants except in emergencies was halted yesterday when a House committee voted against the bill by a small majority. On Tuesday , the Indiana Senate voted for a law to allow local police to question people stopped for infractions on their immigration status, in a bill that was similar to 2010′s SB1070.

While many states introduce harsh anti-immgrant laws, Arizona continues to stay two steps ahead of the others when it comes to advancing legislation that curtails basic rights and freedoms. The latest round of legislation that was cleared by the Appropriations Committee in the Arizona Senate on Wednesday illustrates this point best. In addition to SBs 1308 and 1309, the bills that undermine the 14th amendment’s birthright citizenship provision, was a package of immigration bills, led by Senator Russell Pearce (the author of SB1070), that curtail the rights of immigrants in the state of Arizona. These bills mandate that undocumented immigrants would be barred from receiving many public benefits, attending community collage, and be barred from driving motor vehicles and obtaining any state licenses including those required for marriage. The bills mandate that schoolchildren (k-12) would have to show proof of citizenship and run the risk of being reported to local police if there were undocumented, and that hospitals would be required to ask for proof of citizenship from patients demanding non-emergency care. Senator Russell Pearce defended his compendium of anti-immigrant legislation that he said was aimed at stopping the “invasion.” All the above laws were passed by the committee, and are now moving to the Senate floor for approval.

Alessandra Soler Meetze, executive director of the A.C.L.U. of Arizona decried the new measures as working towards a “papers please” society. Speaking to the New York Times, she said-

This bill is miles beyond S.B. 1070 in terms of its potential to roll back the rights and fundamental freedoms of both citizens and noncitizens alike…

And while the bold announcement by the Obama administration and the Department of Justice that they would no longer defend the constitutionality of the the federal Defense of Marriage Act (that bans the recognition of same-sex marriage) comes as good news, the issue of immigration is looking bleak on the Federal level as well. Since the beginning of the 112th session of Congress, the Immigration Subcommittee of the House Judiciary committee has been pushing its strategy for mass deportation, referred to as ‘Attrition Through Enforcement.’ A few weeks ago, America’s Voice released a report exposing the background and strategy behind the Immigration Subcommittee’s current policy on immigration enforcement.

The report, collated by the America’s Voice Education Fund, “uncovers the origin of “attrition through enforcement”; its radical goal to achieve the mass removal of millions of immigrants; and the impact this proposal would have on both our economy and politics.” The report details how this approach, promoted by nativist groups and anti-immigrant hard-liners such as the Center for Immigration Studies, FAIR (Federation for American Immigration Reform) and Numbers USA, is packaged as a program aiming  to create jobs for Americans, but is designed to ramp up enforcement on state and federal levels with a view to forcing the 11 million undocumented immigrants out of the country, despite the monumental cost to taxpayers and the agriculture industry. On a press call mid February, Mark Potok, Director of the Intelligence Project at the Southern Poverty Law Center; Fernand Amandi, Managing Partner of research organization, Bendixen & Amandi International; and Frank Sharry, Executive Director of America’s Voice, discussed the strategy of mass deportation and the risks that it poses for the political future of the GOP, for the future of race relations in the U.S., and for the economy.

This long list of events, laws and movements taking place around the nation are working to thwart positive change and drastically affect the values of freedom, equality and justice that are intrinsic to the spirit of this country. At such a time it is important that we look to people that are standing up for what is right, and learn from their example. Over the last week, tens of thousands of people have taken to the streets in Wisconsin to demand that the government renew their commitment to the ‘American dream’ by valuing hard work instead of denying basic public services to those who are the most vulnerable. In a move to stand in solidarity with the people of Wisconsin and spread the “spirit of Madison” to the rest of the country, on Saturday, February 26, at noon local time, groups around the country are organizing rallies in front of every statehouse in all major cities.

Stand together to Save the American Dream. We are all Wisconsin, we are all Americans.

Photo courtesy of endoftheamericandream.com

10 things non-profits should know for the DoGooder contest

From our b-listed blog-

We love contests!

On the heels of of our very own I AM THIS LAND contest on diversity (bear with us, winners will be announced soon!!!)  See3 and YouTube are back for the DoGooder Nonprofit Video Awards! We’re very excited for this, because Breakthrough picked up the honor back in 2009 for our film, “Death by Detention.”

Here are 10 details to keep in mind before you enter:

1. You have to submit a video made in 2010 (but there’s an exception for some folks – see #4!)

2. Not sure if the subject/issue in your video qualifies? It does! The contest has no specific category or missions. Ah open minds and flexibility!

3. Video 11+ minutes long? Make friends with iMovie, Avid, Final Cut and edit it down! Videos must be no longer than 10 minutes.

4. New category alert: Best Thrifty Video for videos made under $500. Small nonprofits big on heart and small on wallet, they’re talking to you. AND you guys have longer to enter because your videos can be made any time before the end of the submission period.

5. Voting is open to the public March 7th and only lasts until March 11th. Rally up the troops so they give your video support (fb, twitter, carrier pigeon).

6. To be eligible, your org has to be a member of  YouTube Nonprofit Program. (But you should be on it anyway, it’s a great program!)

7. You could win a spot on YouTube’s HOMEPAGE. And if you saw the commercials during the Superbowl this past weekend it’s sort of like that. Also: 2,500 grants provided by the Case Foundation, free entry to Nonprofit Technology Conference (NTC) and Flip Video Cameras.

8.  We’re a major supporter of being global, (our other office is in India!) but videos must be submitted from the US, UK and Australia.

9. If you watch this video you’ll find the answer to winning. It’s subliminal. No, we’re just kidding. But the video does give a great overview!

1o.  If you’re a nonprofit that makes videos ENTER. If you don’t win (though you might!) your video will be seen along with tons of others which only spreads your message, mission and issues even further. So enter!

Human rights commission urges U.S. government to stop deportations to Haiti

Today, in response to an emergency petition filed on January 6, 2011 by six rights groups, the Inter-American Commission on Human Rights (IACHR) took a rare step and urged the U.S. government to cease deportations to Haiti immediately for persons with serious illnesses or U.S. family ties. The action follows the first reported death of  Wildrick Guerrier, deported by the U.S. since removals resumed on January 20, 2011.

In its decision, the IACHR expressed concern that “detention centers in Haiti are overcrowded, and the lack of drinking water and adequate sanitation or toilets could facilitate the transmission of cholera, tuberculosis, and other diseases. The deceased, Wildrick Guerrier, 34, who was deported in the last two weeks, exhibited cholera-like symptoms but is believed to have received no medical treatment while in a Haitian police station cell in the midst of a cholera epidemic. A second deported person was reportedly exhibiting cholera-like symptoms and released without medical attention. The IACHR also expressed their apprehension over the deportation of people with immediate family members, even children, in the United States, and of those who did not have any family members in Haiti.

Michelle Karshan, Executive Director of Alternative Chance, a re-entry program for criminal deportees in Haiti, responded:

The IACHR has rightly and courageously come through on the side of life, family and human rights. By resuming the suspension of deportations to Haiti for now, the U.S. can truly demonstrate its commitment to aiding Haiti through this difficult period towards real reconstruction.

Sunita Patel, a Staff Attorney at the Center for Constitutional Rights had a strong message for the Obama administration-

We implore the U.S. Government to follow the IACHR’s instructions…Stop the deportations to stop the deaths. The Obama administration should live up to its promise to abide by human rights obligations and protect the right to life of Haitians in the United States.

The emergency petition, submitted by the University of Miami School of Law Human Rights and Immigration Clinics, the Florida Immigrant Advocacy Center (FIAC), the Center for Constitutional Rights (CCR), Alternative Chance and the Loyola Law Clinic and Center for Social Justice, argued that deporting people at this moment to Haiti, which is still reeling from the devastating January 2010 earthquake and burdened with a massive cholera epidemic, political unrest and street violence, will result in serious human rights violations, including deprivations of the rights to life, family and due process, and freedom from cruel or unusual punishment.

Deportations from the U.S. to Haiti had been halted on humanitarian grounds since the January 12, 2010 earthquake devastated Haiti. Advocates and community members were shocked when, on December 9, 2010, the U.S. Immigration and Customs Enforcement (ICE) unexpectedly announced that it was lifting the ban on deportations to Haiti for individuals with criminal records and would resume deportations in January 2011, just one year after the earthquake. On January 20, 2011, the U.S. resumed deportations to Haiti, deporting an estimated 27 people of Haitian origin, several of whom had not set foot in Haiti since they were young children.

Tell Secretary Napolitano and the Obama Administration that now is not the time to deport Haitians to Haiti. Take action now and urge the Obama administration to take into account the circumstances in Haiti and ensure due process and human rights for all.

Photo courtest of miamiherald.com

Delayed justice for Guatemalan mother Encarnacion Bail Romero

Guest blogger: Michelle Brané, Director, Detention and Asylum Program, Women’s Refugee Commission

In 2007, Encarnación Bail Romero, a young woman from Guatemala, was arrested and detained during an immigration raid at the Missouri poultry processing plant where she worked. The fact that Encarnación was a mother with a baby at home did not matter. She was detained without the opportunity to make care arrangements for her son, Carlos—a U.S. citizen—who was just six months old. While in detention, Encarnación was not allowed to participate in her custody case and consequently, her parental rights were terminated. Carlos was adopted by a couple soon after.

This week, the Missouri Supreme Court decided to send Encarnación Bail Romero’s case back to the lower court for yet another hearing. When I heard this, I couldn’t help but welcome the news with mixed feelings. The fact that the court acknowledged that proper procedures were not followed is a relief; however, the court’s failure to reunite a mother and son and delay justice is a travesty. Encarnación’s son has been with his adoptive parents for over two years now, and has come to know them as his only parents. The more time that is spent in this limbo with a mother separated from her child the more harm is done.

I first met Encarnación in 2009, several years after she was arrested during an immigration raid at the poultry processing plant where she worked. Carlos—a U.S. citizen—was just six months old at the time of the raid. When I spoke with Encarnación I was struck most by not only her heartache, but also the incredible strength she has carried in her fight to reunite with her son. As a mother of two young children myself, hearing stories like Encarnación’s makes my heart stop. What would it feel like to not know if my children were safe, to have them think that I did not want them because I was locked in detention and unable to care for them?

Encarnación told me that while she was in detention, Carlos had a series of caretakers. He was first at her brother’s home and then with her sister before being cared for by a local couple who offered to babysit. She was approached and asked to allow her son to be adopted but she refused, asking instead that her son be placed in foster care until she could care for him herself.

Encarnación was then swept up in a series of events that ultimately led to the unjust termination of her parental rights. She was given information about her custody case in English—a language she does not understand. Her lawyer was hired by her son’s future adoptive parents, demonstrating a clear conflict of interest. And, despite Encarnación’s clear desire to be reunited with her son, a court found her to have abandoned him. Her parental rights were terminated, and Carlos was adopted. Encarnación’s case is complicated, involving the failures of multiple systems, but had Encarnación’s right to due process been upheld, none of this would have happened. She would have been able to present her case in court, and Carlos would still be with her.

Perhaps the greatest tragedy in this story is that many other families are suffering this same fate—a fate that could be avoided. Both Immigration and Customs Enforcement (ICE) and family courts have the legal obligation to ensure detainees are able to participate in all aspects of their custody and immigration cases. ICE has the authority to release parents from detention so that they can continue to care for their children while undergoing immigration proceedings. And should the outcome of their immigration case order them deported, mothers and fathers have the right—and must be given the opportunity—to either take their children with them or leave them behind in a safe situation.

Releasing parents from detention does not mean weakening immigration enforcement or letting undocumented migrants go free. Parents in immigration custody have an incentive to appear for their hearings and comply with court orders, simply because they do not want to lose their families. And for those who need some sort of supervision, ICE has access to cost-effective alternatives to traditional immigration detention that can be used to ensure parents appear at custody proceedings. It is critical that these alternatives be used in order to protect children from becoming unnecessary collateral damage.

Five million children in the United States have at least one undocumented parent and three million of these children are U.S. citizens. ICE’s failure to utilize these options has the potential to create a generation of lost children who are needlessly denied a relationship with their detained or deported parents. These children are far more likely to live in poverty, struggle in school and face unemployment and homelessness.

The court in Encarnación’s case has recognized the damage done by failing to uphold the 14th amendment, the constitutional right that ensures all persons—including undocumented immigrants—are entitled to due process and equal protection under the law. Encarnación’s case has shown that where due process rights are denied, families suffer. As a nation that prides itself on valuing the sanctity of family unity, we must uphold our commitment to the bond between parent and child, regardless of immigration status.