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Immigration and Detention: Women’s Human Rights Across Borders

Cross- posted from our Bell Bajao blog. Written by Eesha Pandit, Breakthrough’s Women’s Rights Manager

As she went into labor Juana Villegas was shackled to her hospital bed. Living in Tennessee, she gave birth while in custody. She had been pulled over while driving and taken to jail when the officer discovered that she did not have a valid drivers license as was undocumented. She went to prison, where she went into labor. Her ankles were cuffed together on the ride to the hospital and once there, Juana begged the sheriff to let her have at least one hand free while in labor. She was denied.

Watch Juana’s story:

In another instance, Maria, also undocumented, was more than 8 months pregnant and on the road with her husband and two US born children when they were pulled over by a police officer in Tuscon, Arizona.

Tuscon police spokesmen claimed in an interview with the Huffington Post, that the family had been stopped as part of a “random license plate check,” which indicated that insurance on the vehicle was suspended. When Maria’s husband did not have a valid driver’s license and admitted to being in the United States without documentation, the authorities called the Border Patrol.

Maria asserts that her water broke when she was roughly pushed into a Border Patrol car. She soon went into labor and was not allowed to be with her husband as she gave birth and he was deported within the week. Inside her delivery room with her were two armed Border Patrol agents.

Watch Maria’s story:

These women, living miles apart, share an experience of giving birth while in custody. It is an experience shared by more and more women in the United States and around the world. In the US specifically, incarcerated women, particularly those who are undocumented, face a vast set of barriers to accessing health care, as do their children and families. What do Maria’s and Juana’s experiences show us?

They show the additional points of vulnerability faced by women who are immigrants and refugees. They are at greater risk to experience violation of their human rights either at the hands of others in the community or at the hands of the state, because they often live outside the protections afforded by citizenship. Yet another border is created around them. This border keeps civil society protections just out of reach. Their very identity is criminalized leaving them no recourse for justice.

In another illuminating example, immigrant and refugee women, like all women, face the risk of domestic violence. But their status as immigrants or refugees often means that they face a tougher time escaping abuse.  They often feel trapped in abusive relationships because of immigration laws, language barriers, social isolation, and lack of financial resources. They worry about what will happen if they go to the police. Will they be sent away? Will their families be torn apart? Will they have any financial resources available to them? How will they survive?

These challenges facing immigrant women are particularly acute for women who are undocumented. How can an undocumented woman who is considered a criminal by simply being in the US appeal the government to uphold her human rights? As it turns out, this is exactly the tough spot that we put undocumented people in. And it is exactly the reason that human rights should be afforded to everyone regardless of their citizenship status, in the US and everywhere else in the world.

No one should have to deliver their child while cuffed to a hospital bed, or be forced to deliver their baby in the presence of armed guards. Yet this is what happened to Juana and Maria, and countless other women in the US and around the world. Their stories show us something very important: Borders shift. Citizenship policies change. But human rights must remain constant.

Take action! Encourage your representatives to support the International Violence Against Women Act, which calls for a comprehensive U.S. response to end violence against women and girls globally.
Photo courtesy of bellbajao.org

Hysterical and spot on! Colbert says “I told you so” and highlights the value of migrant workers

Hysterical and spot on. Colbert tells Alabama “I Told You So,” and rips immigration law HB56 to shreds, highlighting the value of migrant workers-

According to government statistics, three-quarters of all crop workers working in American agriculture were born outside the United States, and at least 50% of the crop workers have not been authorized to work legally in the United States.

Since the passage of anti-immigrant law HB 56 in Alabama, many documented and undocumented farm workers left their jobs and even fled the state, leaving the agricultural economy in bad shape. With tomatoes rotting on the vines, Colbert referenced the “Take Back Our Jobs” campaign that he had led last year along with the United Farm Workers of America. The campaign challenged opponents to follow through on their stand that undocumented immigrants “take our jobs” and mobilized unemployed American citizens to willingly walk in the poorly conditioned shoes of these immigrant farmers’ for even a day. On last night’s show Colbert gloated and showed-off a banner saying “I Told You So” when Alabama farm owners were finding that “Americans” didn’t want to take on the jobs that migrant workers did due to the extremely difficult conditions and low wages.

As Colbert put it, very sardonically “Yes, Hispanic farm workers have fled Alabama, stealing yet another thing Americans would like to do.”

Watch, laugh, and stand up for human rights in Alabama-

Another Holiday in Exile

Guest blogger: Nicole Salgado

Querétaro, Mexico, October 18, 2011. You know the year-end holidays are approaching when the stores starting filling with decorations. From here on in it’ll be an endless blur of pumpkins, tinsel, and Santas from Halloween to New Years. Except I’ll also find candy skulls and praying Virgin Marys. And I won’t be sharing a table spread with turkey with my family. This is because I’ll be spending my fifth holiday season in Querétaro, Mexico, where in addition to the popular U.S. holidays, they also celebrate Día de los Muertos and Our Lady of Guadalupe Day.

When I met my husband in the San Francisco Bay Area in 2001, my life changed forever. At the time, he was an undocumented immigrant from Mexico, and because of him I learned how much the rules had changed since the days when my own ancestors came to America from Mexico and Germany. Because he’d left and come back more than once and stayed to work for longer than a year, my husband had what is considered the permanent bar, leaving us limited options to make things right with his immigration record. Although we wanted to stay in the Bay Area because we had good jobs and a fulfilling life, we lived in fear that our lives would be turned upside down by an unexpected deportation. Our only option for his adjustment of status was to leave the U.S. and apply for a waiver in 10 years, from Mexico.

I finally made the difficult decision to leave the U.S. with my husband and move to his home state of Querétaro, Mexico in 2006. We have no guarantee we will ever be able to return to the U.S. together. We used all our savings to build a house here, and good-paying jobs in our fields are hard to come by. Underemployment for the last 5 years has left us struggling economically. Despite all this, we did not want to put our dreams of getting on with our lives or starting a family on hold indefinitely. We had a daughter last year and she is a blessing.

We are currently halfway through our waiting period. Visits with family and friends from the States are rare. I’d like to spend the holidays with family, but I cannot afford to travel very often. Even if I could, my husband, her father, cannot join us. Luckily, my parents will visit this Christmas. But my husband hasn’t seen my nearly 90-year old grandmother since we were married in 2004, or my brother since we left the U.S. Although my daughter and I have become dual citizens, it’s uncertain whether her father will ever become a welcome member of American society, I am not sure how I will explain that to her someday. My family and I have suffered in the wake of this situation. As a result of legal technicalities, I struggle with stress-related disorders and the task of redefining myself professionally and culturally.

After several years of relative isolation from the online and social activist community, I have decided to make our story public, and am co-authoring the book Amor and Exile with journalist Nathaniel Hoffman (amorandexile.com). Despite coming face to face with plenty of anti-immigrant sentiment, I have also been heartened by all the support growing from people who recognize the need for true fairness, justice, and equality. Many other brave people, who’ve had to make choices like me, decided that love and integrity are more important than their own personal comfort level. I hope people and governments worldwide will come together and make the changes necessary so that families can reunite to celebrate the holidays in peace and joy.

Spread the word and stop the hate in Alabama: Helplines and stories from the ground

Despite the Federal court of appeals blocking some provisions of Alabama’s HB 56 anti-immigrant law, including the one that stated that all schools had to check the immigration status of incoming students, stories of children, workers and families being impacted by the repercussions of the law continue to flood the internet. The law, which supporters and proponents say is “going according to plan,” has succeeded in creating a climate of fear and persecution similar to one that existed during the Jim Crow era in the South.

Scott Douglas, III, Executive Director of Greater Birmingham Ministries said that Alabama’s new anti-immigration law worked to “put families on the run and divide them” and was “one of Alabama’s worst times since Jim Crow.”

 When Politico spoke to Alabama Republican Mo Brooks about what they referred to as the “unintended consequences” of the law, such as the fact that on October 7th, 2300 children were missing from Alabama schools, he responded saying-

Those are the intended consequences of Alabama’s legislation with respect to illegal aliens. We don’t have the money in America to keep paying for the education of everybody else’s children from around the world. We simply don’t have the financial resources to do that. Second, with respect to illegal aliens who are now leaving jobs in Alabama, that’s exactly what we want.

Here are some stories of the direct impact (‘intended consequences’) of HB 56 in Alabama that have come up during the last two weeks while the law has been in effect.

From America’s Voice-

- The Birmingham News reported that one school called all their Hispanic students into the cafeteria and asked them to publicly announce their own, and their parents’ immigration status

- “One young father from Ensenada, Baja California, Mexico told me, through tears, that his 12-year-old son, who is undocumented, has always been an honor student who recently won a school trip to go to the Space Museum in Huntsville. He didn’t go, because he was afraid the police would detain him. ‘We don’t have much time to think it over … maybe we can get our affairs in order here in two or three weeks and see what our options are, maybe moving to another state, or straight to Mexico,’ the father said. (Reported by Maribel Hastings)

- “Some families don’t dare to leave the house, even to get basic items like food. The church deacon said that he knew people who had gone days without leaving to buy groceries; he had offered to bring them food himself.” (Reported by Pili Tobar)

From a Facebook page called ‘Personal stories of HB 56 in Alabama-’

- “A white friend was pulled over by a police officer in Ozark yesterday. Confused by what documentation he needed, the officer radioed back to ask dispatch. Dispatch answered, “Does the person speak Spanish? If not, just get their driver’s license.”

- “A 4 year old child being served by Children’s Rehab Services in Montgomery missed three appointments in the last couple of weeks. The child has several health issues for which she needs consistent care. The interpreter working on her case went to look for the family at the apartment complex where they live; a neighbor told her that the family had left, along with most of the other Hispanic families there.”

From a Facebook page called Alabama Coalition for Immigrant Justice-

- “It’s really sad I couldn’t buy any fruits and vegetables last night when I went grocery shopping because everything was rotten.”

From the ACLU of Alabama’s Facebook page-

- “Third generation farmer Brian Cash watched 85% of his workforce disappear in one day as workers fled the state in fear of harassment and discrimination since Alabama’s HB56 immigration law went into effect.”

Here are some hotline numbers for people in Alabama to report civil and human rights violations as a result of HB 56, and reach out for help and assistance:

- An important number for all people in the Hispanic community in Alabama affected by the new anti-immigrant law, HB56: 1-800-982-1620

- From the Southern Poverty Law Center: “We’re gathering stories as well. Please pass along our hotline number: 1-800-982-1620. So far we’ve received more than 2,200 calls from people who have been affected by HB56.”

For updates on local protests, please check the Facebook pages mentioned above as well as ones called ‘Veto HB56 Alabama Immigration Law- Estoy Contra la Ley HB56‘ and ‘Alabama Against the HB 56.’

HB 56 has triggered widespread fear among Alabama’s immigrant communities and set off nothing short of a humanitarian crisis. We need to stand in solidarity with the people of Alabama because when we deny human rights to some we put everyone’s rights at risk.

We will continue to update you as the news happens. We also need your voice in this conversation. Please follow us on Twitter and Facebook and share your news, views and stories about HB 56 with us.

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Photo courtesy of guardian.co.uk

Today’s the day to take a stand against immigrant detention: Watch films on PBS and CNBS

The government is denying due process and fairness in our communities by detaining immigrants who pose no danger and are not a flight risk to the community in inhumane and unregulated detention centers. In the last two years, we have seen more people detained by the ever-expanding, profit-making detention system that ever before, followed by the deportation of a record 1 million people. Moreover, the stories of people who suffer physical and sexual assault, medical negligence, and even death in detention continue to abound.

Tonight, mainstream television will showcase two different investigative exposés of the flagrant violation of human rights that is taking place through the criminalization of immigrant communities, the prison industry and mass immigration detention and deportation system in the U.S.

- Lost in Detention, will air on PBS’s ‘Frontline’ at 9pm EST tonight (check local listings).

In partnership with American University’s Investigative Reporting Workshop, Frontline correspondent Maria Hinojosa takes a penetrating look at Obama’s vastly expanded immigration net, explores the controversial Secure Communities enforcement program and goes inside the hidden world of immigration detention. This feature length documentary uncovers some of the most controversial aspects of the detention system under the Obama administration, looking at police involvement in deportations, as well as abuses and deaths in detention centers. Speaking to Colorlines about the documentary, Maria Hinojosa said- “I would just hope that maybe this documentary helps people engage with their neighbors and their friends. Maybe we can just have this conversation.” Speaking about the abuses in detention she said-

As a journalist, I’m concerned about this. As an American, I’m concerned about this. Because we believe that there’s some kind of legal recourse that we all have, because we have basic rights in our country. Now all of a sudden, you’re encountering a population that’s being told, “Actually you don’t have any legal recourse.” If abuses happen, well, if the abused is an immigrant then they just deport that person and the abuse case goes away.

Join NDLON and the Detention Watch Network for an twitter chat during documentary with the hashtag #altopolimigra. Watch the trailer and tune in for the entire film tonight-

Watch Lost in Detention Preview on PBS. See more from FRONTLINE.

- Billions Behind Bars: Inside America’s Prison Industry, which is a CNBC original documentary series about the profits and inner workings of the multi-billion dollar corrections industry , will air on CNBC starting tonight, for a week.

With more than 2.3 million people locked up, the U.S. has the highest incarceration rate in the world. One out of 100 American adults is behind bars – while a stunning one out of 32 is on probation, parole or in prison. This reliance on mass incarceration has created a thriving prison economy. The states and the federal government together spend roughly $74 billion a year on corrections, and nearly 800,000 people work in the industry.

Also today, the Detention Watch Network launched a national campaign, ‘Dignity not Detention,’ calling for an end to mandatory detention laws, which are significantly responsible for the explosion of the detention system. A wide range of faith, immigrant rights, and community-based organizations joined Detention Watch Network to call on Congress and the Obama Administration to:

  • Repeal all laws mandating the detention of non-citizens.
  • Put an end to all policies and programs that use the criminal justice system to target people for detention and deportation.
  • Bring the U.S. into compliance with its obligations under international human rights law, which prohibits arbitrary detention.
Watch the video, End Mandatory Detention and endorse the campaign here- 

Alabama HB 56 update: The good, the bad and the ugly

The good news-

On Friday, a federal appeals court temporarily blocked enforcement of certain parts of Alabama’s HB 56, one of the harshest anti-immigrant bills in U.S. history. This decision came as a result of a request from the U.S. Justice department, along with immigrant rights groups such as the National Immigrant Law Center, ACLU of Alabama and the Southern Poverty Law Center, that the law be put on hold until questions pertaining to its constitutionality can be addressed, something that may take several months.

Some of the provisions that were blocked, as summed up by CNN:

- Section 28, requiring state officials to check the immigration status of students in public schools

- Section 10,”willful failure to complete or carry an alien registration card” a misdemeanor for immigrants

And now some more bad news-

While the parts of the law that were blocked were ones that have already caused widespread panic and damage to families and children across the state of Alabama, many other provisions that are equally contested and just as harmful to communities around the state are being enforced. From CNN:

- Section 12, that requires that police during “lawful” stops or arrests “attempt to determine the immigration status of a person who they suspect is an unauthorized alien of this country.” That provision is similar to other laws aiming to crack down on illegal immigration passed by other state legislatures over the past year (such as Arizona’s SB 1070).

- One that bars state courts from enforcing contracts involving undocumented immigrants, if the hiring party had a “direct or constructive” knowledge that the person was in the country unlawfully.

- Section 30, that makes it a felony for illegal immigrants to enter into a “business transaction” in Alabama, including applying for a driver’s license or a business license.

The danger and severity of the 3 provisions mentioned above cannot be stressed enough. Speaking during a call about the humanitarian crisis in Alabama, Reverend Angie Wright of Greater Birmingham Ministries explained that “The parts that are still in effect and are of most concern are the racial profiling aspects of the law, which is causing tremendous fear and terror in the immigrant communities.” From an America’s Voice blog which mentioned Rev. Wright’s opinions-

She noted that in Alabama, it is now a Class C felony for any undocumented immigrant to do business or have any kind of contract with state government, meaning that undocumented immigrants can now face up to 10 years in prison or $15,000 in fines for applying for a car tag or water service.

If anti-immigrant laws such as HB 56 continue to be enforced, the fear and hysteria that are spreading through Alabama’s immigrant communities will be in other parts of the country in no time. We need to ensure that we stand in solidarity with the people of Alabama and ensure that their voices are heard and their rights are upheld. When we deny human rights to some people, we put all everyone’s rights at risk.

Photo courtesy of blog.al.com

 

 

 

Alabama’s Watergate

If you needed additional proof that Alabama is in the midst of a humanitarian crisis, look no further. With a population of only 693, the ironically named township of Allgood, Alabama managed to send shockwaves through the international community this weekend, using a provision of HB 56 to deny clean water and proper sanitation to residents lacking state identification.

Allgood’s “papers for water” policy is a draconian interpretation of Section 30 of the controversial law, which deems it illegal for an individual lacking proof of citizenship to enter into any “business transaction” with the “state or a political subdivision of the state.” With many families already confined to their homes for fear of deportation, the loss of clean water and sanitation could be catastrophic.

And the impact of such a measure is not limited to undocumented households alone. The amended terms of access are also likely to impact poor, elderly and minority citizens, who are less likely to have photo identification and proof of citizenship. This level of disenfranchisement is a haunting reminder of Alabama’s troubled history during the civil rights era – one the state is coming dangerously close to repeating.

HB 56 is already considered to be the most draconian piece of anti-immigrant legislation in the country, but the most recent development in Allgood is a graphic reminder that immigrant rights are human rights, and denying fairness to some puts all of our freedoms at risk.

Stand in solidarity with the people of Alabama and spread the word – take action to restore fairness now.

Photo courtesy of thinkprogress.org

While immigrant youth in Alabama flee, those in California celebrate the DREAM Act

Amidst horrific stories of the impact that Alabama law HB 56 is having on immigrant families, children, and workers, causing schoolchildren to stay home and resulting in a mass exodus of people from the state, pro-immigrant action on the part of California Governor Jerry Brown comes as a welcome piece of good news.

In a historic move, California Gov. Brown signed the second part of the California DREAM Act into law on Saturday, the 9th of October. As per this piece of legislation undocumented immigrants in California will be eligible to receive state financial aid and merit-based scholarships to attend California universities and community colleges. The legislation, AB 31, builds on a previous bill that was signed into law in July, which makes financial aid from private sources available to the undocumented students. The two laws are collectively known as the California Dream Act.

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Speaking of his decision to extend higher education to all students in California, Gov. Brown told the Los Angeles Times-

Going to college is a dream that promises intellectual excitement and creative thinking. The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us.’

Amidst criticism of Gov Brown’s decision, a group of students in California expressed their reactions to the passage of the law at a press conference in California on Monday. They chanted “undocumented and unafraid” and told their stories. Catherine Eusebio, an undocumented student from the Philippines and UC Berkeley senior who is involved with Asian Students Promoting Immigrant Rights through Education, said-

 I was in disbelief when the act passed. When I first set foot on this campus, it was love at first sight. But every night I would have to worry about paying for the next day.

After the federal version of the DREAM Act failed in the Senate last year, it is up to the states to follow in California’s footsteps and take a stand. While we celebrate the passage of the California DEAM Act and Latino Heritage Month, we acknowledge the value of opportunity in this country and remind ourselves of the American values of dignity, equality and respect for all.

As Americans, it is our responsibility to educate all children, regardless of immigration status. Anti-immigrant state laws such as HB 56 in Alabama are un-American as they create fear amongst communities, result in racial profiling, prevent children from going to school and workers from going to their jobs. HB 56 has triggered widespread fear among Alabama’s immigrant communities and set off nothing short of a humanitarian crisis. We need to stand in solidarity with the people of Alabama because when we deny human rights to some we put everyone’s rights at risk.

Photo courtesy of campusprogress.org

 

Stories from the ground: Life after Alabama’s anti-immigrant law for an American family named Gonzales

Crossposted from the American Civil Liberties Union-

Cineo Gonzales is a married father of two who has lived in Birmingham for more than 10 years. He chose to live in Alabama because he wanted a safe community in which to raise his 6-year-old daughter and 4-year-old son. A lawfully present immigrant, Gonzales works as a taxi driver.

Before the enactment of H.B. 56, Gonzales mostly drove people between their homes and the airport. Since the law took effect on Sept. 28, families who are fleeing the state in fear of H.B. 56 have been asking him to drive them as far as New York and Indiana. These families have no other choice but to flee by car, because air and rail travel identification requirements might ensnare undocumented families with law enforcement. Gonzales likened these out-of-state trips to the Underground Railroad, saying many families are heading north because there’s more acceptance of immigrants there.

Gonzales told me one family called him at 2 a.m. asking him to pick them up from the side of the road. Carrying only two suitcases and plastic garbage bags filled with belongings, the father wanted to leave immediately because he feared he was being followed by police. Enforcement of the law has led to this kind of widespread paranoia and panic. One woman in Russellville told me that she feels like she’s being watched every time she walks down the street or goes into the grocery store. She feels her lawful presence is constantly questioned by those around her.

Shortly after the law went into effect, Gonzales’s daughter and another Latino student in her 1st grade class were singled out by the school as targets of the new law. In front of the entire class, they were handed know-your-rights documents to give to their parents. In other classes, Latino children were pulled out of class and given the document. This kind of racial profiling is rampant throughout the Alabama school system.

The next day, when Gonzales asked a school official why his daughter was given the paper, she explained they were giving it to “all children who aren’t from here.”

Mr. Gonzales’s daughter was born in Alabama. When I visited the family, the first question she asked me was, “Are you an Auburn or a “Bama fan?” (asking my preference of college football teams). She loves to play soccer, is a star student and can’t wait to be a Good Witch for Halloween.

Photos courtesy of aclu.org

Sen. Cardin introduces bill to ban racial profiling (which would prohibit provisions of Alabama’s HB 56 from being enforced)

Guest Blogger: Tong Lee, Director of Membership Services for the Rights Working Group

On Thursday, Oct. 6, 2011, Senator Ben Cardin (D-MD) introduced the End Racial Profiling Act (ERPA) of 2011.  If passed, the bill would prohibit the use of profiling based on race, religion, ethnicity and national origin by any federal, state, local or Indian tribal law enforcement agency. This is a significant step forward in over a decade since the NAACP, ACLU, their allies, and affected community members have advocated endlessly for the bill’s introduction and passage.  With this introduction, it is now critical for the Senate to pass the bill.  Email your Senator and tell them to pass the End Racial Profiling Act.

There are many positive provisions in the bill.  The bill would also institute mandatory training on profiling for law enforcement agents; require data collection and monitoring; create privacy protections for individuals whose data is collected; implement substantive procedures for responding to profiling complaints and a private right of action for victims of profiling.

Far too often, communities of color know first-hand the experience of being racially profiled by law enforcement agencies. If the bill passes, it could have a significant impact on communities. The bill is intended to prohibit:

  • Stops and frisks by local law enforcement based on ethnicity;
  • Surveillance by law enforcement agencies of specific neighborhoods and communities, like the recent discovery of the New York Police Department’s monitoring of Muslim neighborhoods in New York after the 9/11 attacks; and
  • States from enacting laws requiring residents to show proof of immigration status, such as Alabama’s H.B. 56, Georgia’s H.B. 56 and Arizona’s S.B. 1070.

With the bill’s introduction, we now need the Senate to pass it.  Contact your Senators and tell them to co-sponsor the End Racial Profiling Act.  The following Senators have co-sponsored the bill: Sen. Richard Blumenthal, (D-CT), Sen. Dick Durbin (D-IL), Sen. Kirsten E. Gillibrand (D-NY), Sen. John F. Kerry (D-MA), Sen. Frank R. Lautenberg (D-NJ), Sen. Carl Levin (D-MI), Sen. Bob Menendez (D-NJ), Sen. Barbara A. Mikulski (D-MD) and Sen. Debbie Stabenow (D-MI).