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Restore Fair Immigration and Racial Justice

Over the past five years, Restore Fairness has built an incredible resource of award winning immigration videos, blog posts and take actions to restore fair immigration and racial justice. The campaign began as the aftermath of 9-11 set in with a steady decline in the human rights of all immigrants to the United States. Cruel anti-immigrant laws were denying basic due process to thousands of people, with particular impact on immigrant women and their families. Many policies also discriminated against people on the basis of national origin, race, religion, or citizenship. Immigrants bore the brunt of these with the U.S. government allowing sweeping enforcement practices, holding thousands in inhumane detention conditions, and deporting people without a fair trial, while people of color faced racial profiling and violations as suspects, defendants, and prisoners. Many families were separated from their children by indefinite or deportation, and others – especially in states such as Arizona and Alabama, where police checked the immigration status of anyone inviting “reasonable suspicion” of being undocumented — lived in fear of these threats, devastating their lives and communities.

Today, both President Obama and Congress have shown signs to pursue immigration reform. This a clear opportunity to turn the tide, stopping the harsh enforcement that has led to the highest levels of detention and deportation in years, with particular impact on immigrant women.

Learn about the issues, watch our award winning videos, host screenings, get informed, and add your voice. Make sure your voice counts. Because denying human rights and due process to some puts all of our freedoms at risk. This is a historic moment so be a part of it.

NEW FILM: The Call – A choice no woman should face

Sonia has worked so hard for this: a healthy family and a normal life in an average American town. But on a night that should have been like any other, she is forced to make an impossible choice that could shatter her family’s dreams forever.

 Keep your daughter safe — or keep your family together? 

What call would you make?

In our powerful new short film inspired by a true story, Sonia’s crisis shows why we must all support the human rights of immigrant women today. This video is the centerpiece of Breakthrough’s #ImHere campaign, an urgent and innovative call to action for the rights of immigrant women in the United States. More about #ImHere after the jump.

Produced in collaboration with over 30 partner organizations, the multi-award-winning People’s Television and starring distinguished actors from stage and screen, “The Call” is inspired by the real experiences of the brave women and families we’ve encountered in our work. “Sonia” is fictional, but her emotional story is not. No mother should have to face the choice she does. With your help, no mother will.

Please watch and share this film to say: #ImHere to put the rights of women like Sonia on the national agenda. Are you?

Tweet the filmKeep your daughter safe or your family together: what call would you make? Watch and share http://ow.ly/e4jGH #ImHereIVote @Breakthrough

Share on Facebook: Watch #ImHere: THE CALL, a short film about a choice no woman should have to face. http://ow.ly/e4jGH

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These Lives Matter: “Detainee Not Found”

Port Isabel Detention Center

Guestblogger:Claudia Valenzuela, Associate Director of Litigation for Heartland Alliance’s National Immigrant Justice Center

This post is the second in a new series titled “These Lives Matter,” in which NIJC staff, clients, and volunteers will share their unique perspectives on immigration stories that do not always make the news.

I began my legal career working with Guatemalan asylum seekers looking to become lawful permanent residents of the United States. In working with this community, I heard stories time and again about loved ones who had been disappeared and saw firsthand how having a husband, son, or daughter disappeared can create a special kind of guilt, fear and grief. Working with detained immigrants many years later, I cannot help but notice parallels between individuals who were purposely disappeared in 1980s Guatemala and individuals who disappear when taken into ICE custody – mainly in the ways that family members left behind are affected by not knowing the immediate fate of their loved ones.

When an individual is detained by ICE, he or she can in fact be disappeared. It can take family members days, or in some cases weeks or even months, to locate loved ones arrested by ICE. Sometimes, a family does not learn of a loved one’s whereabouts until that person calls home after they are deported.

Locating a loved one relatively quickly does not necessarily lessen the trauma of witnessing the arrest in the first place. Take the case of Viviana and Martin*—mother and son. ICE officers came to their home and misled Viviana into believing that they were local police officers who only wanted to talk to Martin. They convinced Viviana to call her son home. She was devastated after witnessing the officers take her son into custody without further explanation. Martin—who had just turned 18,had diagnosed learning disabilities, had no previous encounters with the immigration authorities, and had engaged in no wrongdoing—was taken away, surrounded by armed men, while Viviana watched helplessly. The hours following Martin’s arrest were harrowing. Viviana spent that night calling every police station in town, only to be told there was no one by her son’s name in custody. Throughout the ordeal, Viviana was overcome with grief at the thought that she had turned in her own son.

There are countless stories like Viviana and Martin’s—sometimes it’s mothers, sometimes fathers, sons or daughters, taken away while loved ones, including children, stand by helplessly. In the aftermath, there usually are frantic calls to numbers that lead nowhere. It takes luck to reach an ICE officer who will answer any questions. The ICE Online Detainee Locator System—a public relations initiative ICE instituted following a series of wide-scale raids that resulted in mass “disappearances” —is hit or miss, more often a miss. If loved ones can get online—and most of the family members we encounter every day do not have access to the internet—they must either have the person’s “alien number” or the exact spelling of their name, date of birth and country of nationality. Then they must pass a “captcha” security check by typing in a word that appears in a box. Even lawyers have a difficult time getting the system to work. Despite having the necessary, accurate information, we still frequently get the message “detainee not found” if it is less than 24 hours since the arrest. It also takes the system a while to be updated following a transfer to a new detention center. This delay makes the first 24 hours or so following a person’s arrest all the more distressing for loved ones who realize a family member has gone missing.

Martin eventually reached his mother, after a collect call finally made it through to Viviana. He was later released from ICE custody after posting a bond. But months later, Viviana lives with the fear and guilt of those critical hours after Martin was taken away, when she believed her son to be missing and felt that she was responsible.

*Names have been changed to protect identity.

Picture Courtesy of http://www.texasobserver.org

Immigration Detention Conditions in Georgia Run Afoul of Human Rights Standards

Guestblogger: Azadeh ShahshahaniDirector, National Security/Immigrants’ Rights Project, ACLU of Georgia

In late June, the ACLU delivered a statement to the UN Human Rights Council in Geneva in response to the United Nations Special Rapporteur’s report on detention of migrants. The report sets out the international and regional human rights legal framework applicable to the detention of migrants, including in regards to vulnerable groups with special protection needs, and discusses alternatives to detention. While the report does not discuss country-specific immigration detention policies and practices, it offers useful recommendations and urges governments to adopt a human rights-based approach.

The ACLU stated in its remarks before the Human Rights Council that,

The U.S. immigration detention system locks up tens of thousands of immigrants unnecessarily every year, exposing detainees — including vulnerable populations such as persons with mental disabilities, asylum-seekers, women, children and lesbian, gay, bisexual and transgender individuals — to brutal and inhumane conditions of confinement at massive costs to American taxpayers… This system of mass detention persists despite the fact that the U.S. Department of Homeland Security (DHS) acknowledges that most immigration detainees ‘have a low propensity for violence.’
The ACLU statement also highlighted the May 2012 ACLU of Georgia report titled “Prisoners of Profit: Immigrants and Detention in Georgia.” The report covers the four immigration detention centers in Georgia including the largest immigration detention facility in the United States, the Stewart Detention Center. Three of the four facilities are operated by corporations, including Corrections Corporation of America (CCA), the largest owner and operator of privatized correctional and detention facilities in the U.S.

Findings raise serious concerns about violations of detainees’ due process rights, inadequate living conditions, inadequate medical and mental health care, and abuse of power by those in charge.

Among due process concerns documented are that ICE officers have coerced detainees to sign voluntary orders of removal, non-citizens are detained in excess of a presumptively reasonable time, and there is inadequate information about available pro bono legal services at the facilities. Conditions for attorney visits also raise attorney/client confidentiality issues.

Numerous concerns about cell conditions exist, including overcrowding and temperature extremes. When facilities run out of hygienic items, detainees have to go without. At Irwin, detainees are given used underwear. In at least one case, a female detainee was given soiled underwear, leading to a serious infection.

Food concerns include insufficient quantity and poor quality of food. Additionally, Stewart and NGDC both have “voluntary” work programs where detainees have been coerced to work at wages far below minimum wage and threatened with retaliation if they stop working.

Medical and mental health units are understaffed and initial intake examinations are insufficient. Detainees with mental health disabilities are put in segregation units as a punishment and in lieu of receiving treatment.

Detainees reported that guards yelled threats and racist slurs at them. This verbal abuse was also sometimes accompanied by physical violence. Detainees also relayed personal accounts of guards threatening to or actually placing detainees in segregation as a means of retaliation.

ICE should discontinue detaining immigrants at the corporate-run Stewart and Irwin County Detention Centers given the extent of the documented violations as well as the distance to family and communities of support. Detention center officials should improve food quality and living conditions and supply on-site, full-time medical and mental health care staff. The federal government should also make greater use of cost-effective alternatives to detention instead of continuing to rely on the for-profit prison industry to keep more and more people imprisoned in substandard conditions.

As the ACLU statement to the Human Rights Council concluded,

U.S. immigration authorities should use detention only as a last resort, in those circumstances where no alternative conditions of release would be sufficient to address the government’s concerns about danger or flight risk… The U.S. government should heed the Special Rapporteur’s recommendation to establish a presumption in favor of liberty, first consider alternative non-custodial measures, proceed to an individual assessment and choose the least intrusive or restrictive measure.

Jamil Dakwar, Director of the ACLU Human Rights Program drafted the ACLU statement to the Human Rights Council and contributed to this blog.

Cross posted from Huffington Post

Picture Courtesy of http://www.stewartcountyga.gov/

Shackled and Detained: A Pregnant Woman’s Story

Juana’s story is one of Breakthrough’s most shared and talked- about videos.

One day while driving in Tennessee — and while nine months pregnant — Juana was stopped for a supposed traffic violation (of which she was later cleared). Before she knew it, Juana, an immigrant from Mexico, found herself in jail awaiting possible detention. Then she went into labor — and to the hospital, without her family, to give birth in shackles.

Watch the video to learn the rest of Juana’s ordeal, and to see the damage our broken, inhumane immigration system causes to women, families and communities. And consider this: we are talking a lot these days about the “war on women.” But the war on women is even bigger than you may think. Yes, it is about reproductive and economic justice —- and yes, that’s pretty big already. But this “war” is more. The war on immigrants and the escalating “war on women” are part of one sweeping crusade against the fundamental rights of all women living in the United States, documented and otherwise.

It’s time for us to protect the true American values of diversity and democracy, dignity and respect. It’s time for those of us outraged by women’s human rights violations across borders and oceans to support women’s human rights at home. We’re here to stand up for the rights of all women in the United States. Are you?

Tweet this video: I’m here to support the #humanrights of all women in the US. Are you? Watch Juana: http://ow.ly/aDACZ #immigration #waronwomen

New video! Mallika Dutt says that the “war on women is bigger than you think”

As the Supreme Court considers key elements of Arizona’s SB 1070 law, which legalizes racial profiling of and blatant discrimination against immigrant communities and people of color, stories from around the country show that this and other laws like it, such as Alabama’s H.B. 56. are causing intense damage to families, communities and economies, with devastating consequences for immigrant women.

These laws leave parents unable to protect their children. They force women to choose between the threat of an abusive husband and the threat of deportation if they call the police. They send pregnant mothers to give birth in shackles with federal agents by their side.

As part of a delegation to Birmingham, Alabama with the We Belong Together campaign, Breakthrough president Mallika Dutt connects the dots between Arizona’s SB 1070 law, copycat state laws that followed it in states such as Georgia and Alabama, and the “war on women.” The war on immigrants and the escalating “war on women” are part of one sweeping crusade against the fundamental rights of all women living in the United States, documented and otherwise.

So as the Supreme Court hears this challenge, it’s time for us to protect the true American values of diversity and democracy, dignity and respect. It’s time for those of us outraged by women’s human rights violations across borders and oceans to support women’s human rights at home. We’re here to stand up for the rights of all women in the United States. Are you?

Tweet this: I’m here to support the human rights of all women in the United States. Are you?http://ow.ly/avYBw #immigration #waronwomen

The War on Immigrant Women: Part of the Sweeping Crusade Against the Fundamental Rights of All Women

By Breakthrough President Mallika Dutt. (Crossposted from RH Reality Check.)

Araceli doesn’t go out alone anymore. She is frightened of ongoing harassment by local police, whom she used to trust to protect her. Trini drops her two children off at school every morning unsure if she will be there at pickup time. Other mothers in her communities have, after all, been “disappeared,” taken from their homes, and families, without warning or trace.

Think this is happening in Kabul? Juarez?

Actually, it’s happening in Alabama and many other parts of our country.

Today, the escalating “war on women” has — rightly — sparked widespread outrage and urgent action to protect women’s human rights in the United States. But the also-ongoing “war on immigrants” is not merely a coincidental crisis. Both are elements of a sweeping crusade against the fundamental rights of women living in the U.S., documented and otherwise.

The current attacks on women’s health, sexuality, and self-determination — in states, in GOP debates, on the airwaves, and beyond — is appalling enough. But it’s only part of the story. The war on women is even more than an assault on the most basic and personal choices in our lives, even more than an assault on our right to determine if, when and under what circumstances to become mothers. It is also an attack on our essential right to mother — to raise healthy, safe children in healthy, safe families. And on that front, it is immigrant women and women of color who suffer the most.

Laws such as Alabama’s HB 56 and federal enforcement measures such as 287g have injected fear and anguish into even the most routine aspects of many women’s daily lives: going to work or taking kids to school, or seeing the doctor. HB 56 gives police officers sweeping authority to question and detain anyone they suspect of being undocumented, with snap judgments based on skin color — that is, blatant racial profiling — accepted as an “utterly fair” method of determining who to accost. It also requires school administrators to track the immigration status of their students. It is shocking in its singularity of purpose: to make everyday life so intolerable for undocumented immigrants to the United States. that they will, indeed, “self-deport.” And already, the consequences for immigrant families have been unspeakably high.

These are families like that of Jocelyn, a fourteen-year-old girl who was sent to live with relatives when it became too dangerous for her mother and father to stay in Alabama. Jocelyn is not alone: a growing number of parents are giving power of attorney over their children to friends, neighbors and employers — even landlords and other near-strangers because the threat of deportation and indefinite detention is just too real. Immigrants in detention are often denied the right to make arrangements for their children or attend family court hearings. Others have been stripped of their parental rights entirely. The Applied Research Center estimates that deportation of parents have left five thousand children currently in foster care.

All this in a climate where worship of “family values” — that is, in reality, certain value placed on certain families — has reached near maniacal proportions. Ask Maria about how this country really values women, babies and families, and she will tell you how harassment by ICE agents — who refused to leave her hospital bedside — nearly led to dangerous labor complications. Ask Juana about giving birth to her son in shackles. Ask Tere about “family values,” and she will tell you how she risked everything to bring her son to the U.S. for life-saving heart surgery. Today, the danger is on our soil: she is so afraid of being picked up and detained that she has stopped taking her son to the medical appointments his condition requires.

The current war on women is in many ways an unprecedented crisis. But it’s also an unprecedented opportunity for action. I have been deeply moved, inspired and challenged by the actions of women who have refused to be collateral in a culture war, women who are demanding their fundamental humanity above all else. It’s time to use that power to make it absolutely clear that this war on women is a war on all women.

Many activists and advocates have long fought for the women’s rights movement to include immigrants and the immigrant rights movement to include women. And right now, we have the attention of the 24-hour news cycle, the pundits, the politicians, the millions of people in this country who value families and fairness — and who are now seeing the true colors of those who do not.

As the Supreme Court gets ready to hear a challenge to these egregious immigration laws, it’s time for those of us outraged by women’s human rights violations across borders and oceans to step up for all women’s human rights at home. It’s time to stop fighting battles in isolation. It’s time to stand together to win this war once and for all.

Follow Mallika Dutt on Twitter, @mallikadutt

Photo courtesy of webelongtogether.org

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Mitt Romney’s line on “self-deportation” got a laugh from the audience at a Florida debate last week, but as thousands in Alabama, Arizona and elsewhere know — there’s nothing funny about it. Self-deportation is Romney’s euphemism of choice for an enforcement strategy that attempts to make daily life intolerable for undocumented immigrants living in the U.S., turning the routine aspects of each day — attending school, driving a car, paying utility bills — into sites of monitoring, fear and profound suffering. And that’s the story NPR’s This American Life set out to tell last weekend with their feature on the attrition through enforcement strategy’s poster policy: Alabama’s HB 56. Reporter Jack Hitt speaks with families, community members, small business owners and local politicians as they struggle with the far-reaching consequences of the new law. Some of what you hear — such as Republican State Senator Gerald Dial’s remorse over signing the bill — might surprise you. The media blitz and non-stop punditry about immigration can often obscure the basic facts about laws like Alabama’s HB 56: they hurt people. Real people. Every day. That’s why it’s critical that we continue to tell the stories that we do — because self-deportation can’t be a punch line when there are real lives at stake. via twitter →

Meet Mansimran

Meet Mansimran. He’s an 18 year old all-American guy who likes Starbucks, hoops, and robotics. He’s a student, an older brother, and an active member of his Sikh religious community. Sometimes, when strangers see his turban, and the color of his skin, they lean out their car window and call him a “terrorist.”

He’s not alone: especially since September 11, Sikh Americans and other communities have become targets of discrimination, racial profiling and bullying, and hate crimes. Counterterrorism measures have inflamed fear, fostered an atmosphere of distrust and even violated human rights. Ten years later, members of many immigrant communities continue to be viewed as suspects by law enforcement, to encounter hatred and violence, and be subjected to bias at the workplace and bullying in schools. One survey found that, even 6 years after the events of 2001, 75% of Sikh male schoolchildren in New York had been teased or harassed on the basis of their religious identity.

How does Mansimran respond? “My response is, ‘Come over here, sit down, I’ll tell you about Sikhism, I’ll tell you who I am,” he explains. He says in the video, “If I see somebody being mean to somebody else, I would protect that person. I would go up to the bully and be like, ‘Why are you doing this? What are you doing?’ I’m obliged by my religion..and my family — you know, don’t do the wrong thing, and stand up for the right thing.”

In 2011, Mansimran represented his community at the United Sikhs summit in Washington D.C, where he spoke to members of Congress about supporting Sikh human rights and dignity and respect across cultures.

Mansimran totally takes it in stride — but it shouldn’t be that way in the first place. We are all on the same team, after all — and we should take a page from Mansimran’s playbook by standing up against racial profiling and bullying, reaching out across differences, upholding human rights, and treating everyone around us with the American — and human-rights — values of dignity, equality, and respect.

You can stand with him — and against racist bullying — by getting to know him and sharing his video profile.

How to ACT:

SHARE this video with 10 friends on Facebook and Twitter to speak out for diversity and stand up against bullying. Post on Facebook, Twitter, and your other favorite social networking spaces.

LEARN about racial profiling and racial justice by visiting our ‘about’ section and following the hashtag #rfair.

DOWNLOAD and share the song “turBAN” by G.N.E. (It’s in the video, it’s awesome, and it’s free!).

Why? Because by sharing the video you are speaking out for racial justice and standing up to bullying.

Because we’re all on the same team.

(And because you won’t be able to get the song out of your head.)

Stories from the ground in Alabama – Standing Strong Against Discrimination

Guest blogger: Janet Murguia. President, National Council of La Raza. Crossposted from the Huffington Post. (Original blog was published on 12/22/11)

Last Saturday it was my privilege to speak to the thousands of participants at the “One Family, One Alabama: HB 56 Hurts All Alabamians” rally held on the steps of the state capitol in Montgomery, Alabama. The rallygoers were a rich mosaic of Alabamians from all walks of life representing every community in the state, as well as national immigrant and labor leaders. The rally was held to support the embattled Latino community in Alabama in the wake of the nation’s harshest anti-immigrant law, HB 56, and call for its repeal.

But just as importantly, what the speakers and attendees helped others to recognize that day was that HB 56 is not an immigration solution, but an all-out assault on the civil rights of every resident in the state of Alabama. That message was underscored by the presence of thousands of African Americans, including elected leaders, members of the clergy, and my good friend and colleague, NAACP President Ben Jealous.

I have been deeply moved by the support and commitment of the African-American community throughout our fight against HB 56. No community knows better than they do that HB 56 represents a serious leap backward to a dark time in Alabama’s past. Speaker after speaker made that point, not only with eloquence but also with knowledge born out of tragic experience.

Yet these speakers were also full of a hope that was born out of experience. State Senator Bill Beasley, a much respected legislator and a key leader in the opposition to HB 56, came up to me during the event and said that my remarks, “things can change, things will change,” resonated with him.

He told me not to give up hope by reminding me of Alabama’s own history. He noted that we were at that very moment standing on the same steps where the then immensely popular Governor George Wallace proclaimed in 1963, “segregation now, segregation tomorrow, segregation forever,” which catapulted him to national folk hero status among those who opposed civil rights. Alabama at that time did much to shake, if not shatter, the hope of many in the civil rights movement that there would ever be progress.

But Senator Beasley has also witnessed that things can and do change. Just two blocks from where we were standing is the Dexter Avenue Baptist Church, where 30 years after his infamous speech, former Governor Wallace went to ask the African-American community for forgiveness. And just recently, Mark Kennedy, Wallace’s son-in-law and the head of the Alabama Democratic Party, helped redeem his family’s legacy by unequivocally stating “justice now, justice tomorrow, justice forever,” in his swearing-in speech.

If George Wallace and his family could change their minds on the issue of civil rights and discrimination, so can the legislature and the current governor of Alabama on HB 56. There is no turning back from justice. With this in mind and with the unity that was on full display on Saturday, there is no doubt in my mind that we will prevail.

Photo courtesy of America’s Voice