Human rights in the United States? Where do we stand?

The United States has submitted its first ever report to the United Nations Human Rights Council, a wide ranging report on human rights all 192 members of the United Nations are required to produce. Calling it “a roadmap for our ongoing work within our democratic system to achieve lasting change”, the report stressed the importance of the U.S. political system in safeguarding rights.

According to the Associated Press, “High unemployment rates, hate crime, poverty, poor housing, lack of access to health care and discriminatory hiring practices are among the challenges the report identified as affecting blacks, Latinos, Muslims, South Asians, Native Americans and gays and lesbians in the United States.”

The report was compiled from viewpoints and concerns of hundreds of people representing a diversity of communities and viewpoints at gatherings across the country. One strong focus for concern related to immigration and racial profiling by law enforcement agencies.

According to the report, many Muslim, Arab-American, and South Asian citizens shared their experiences of intolerance. The government expressed the many measures it is undertaking to combat discrimination, including through the Attorney General’s ongoing review of the Justice Department’s 2003 Guidance Regarding the Use of Race by Federal Law Enforcement Agencies which will recommend any changes that may be warranted. Much more can be done including rehauling the guidance, passing the End Racial Profiling Act and stopping agreements between federal immigration and local police.

The latter point surfaced in the report through reference to Arizona’s new law SB1070 and the 287(g) program, made famous by the anti-immigrant raids and tactics of Sheriff Arpaio. The Department of Homeland Security relies upon programs such as 287(g), Secure Communities and the Criminal Alien Program (CAP) which tie up local and state police with immigration enforcement. The report spoke of constant vigilance for safeguards that will prevent racial profiling and civil rights violations. In reality, these programs have inevitably lead to many racial profiling violations, providing an incentive to state and local police to arrest persons who look or sound “foreign” so that their immigration status may be checked.

The report also reference President Obama’s firm commitment to fixing our broken immigration system, a task that seems to be endlessly tied to political manoeuvrings.

Other issues touched upon include problems faced by American Indians and Alaska Natives, with nearly a quarter of Native Americans living in poverty, unemployment with unemployment rates for African Americans at 15.8%, for Hispanics at 12.4%, and for whites at 8.8%, and the “Don’t Ask, Don’t Tell” statute which prevents gays and lesbians from serving openly in the military.

The Associated Press reports,

The report’s findings were cautiously welcomed by human rights activists but will likely draw fire from conservatives who opposed joining the council.

It is good to see the administration engage in a review of human rights, but more emphasis needs to be laid on fixing immigration, racial profiling concerns, prison conditions, death penalty issues and more.

CNN and ABC stories show impact of unfair immigration laws

As the countdown to Arizona’s SB1070 law draws nearer (July 29th), and Congress continues to skirt the issue of immigration reform, a number of excellent stories have emerged from the news on our broken immigration system. A shocking story on CNN reveals how every day, Americans are wrongfully deported because of a broken system, and many worry the problem could get worse. They interview one such U.S. citizen who was wrongfully deported to Jamaica in 1999 and finally able to return ten long years later. And even though he knew was a citizen, he was given a deadly choice – stay in detention indefinitely and fight your case, or leave and gain your freedom. Laws like SB1070 will only suck more U.S. citizens into the deportation pipeline, just like in this case, denying adequate due process to many.

On ABC, a 10 part special series “Out of the Shadows” illustrates the constant struggle of 10 undocumented immigrants and their impact on America. In the first of the series, Mohammad Abdollahi, an undocumented Iranian immigrant comes bravely forward, arrested after staging a sit-in in Arizona to persuade Senator John McCain to support the DREAM Act. Mohammad is gay, and faces deportation to Iran, a country where homosexuality is a capital crime. If he doesn’t gain asylum, he could face real danger in the country he barely knows as home. Stay tuned for more stories.

So what is Congress doing about the broken immigration system. We got to hear a few of their thoughts at Netroots Nations, a large gathering of progressive bloggers, non profits and filmmakers mobilizing the online space for good. An impressive line up of speakers included House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid. Most everyone spoke of the difficulty of passing immigration reform in an election year, but with more stories like these coming to the fore, maybe Congress will realize the ramifications of our broken immigration system on the ideals we hold dear, due process, fairness, and justice. Because when we deny due process to some, we put all of our freedoms at risk.

Immigration reform was a strong theme at Netroots Nation and Restore Fairness was on some excellent panels. Presenting with some other incredible films, Restore Fairness screened at the Immigration Screening Series alongside Speaking in Tongues, a film on language and its importance at breaking down barriers between ourselves and our neighbors, and Not In Our Town, focusing on the murder of a 37-year-old Latino immigrant Patchogue, New York. A lively discussion on race, immigration and pluralism followed. Restore Fairness was also on a distinguished panel with other immigration advocates – “Crimmigration Under Obama: Pushing back against the “enforcement-only” immigration regime”. Immigration enforcement under the Obama administration has continued almost unchanged from the Bush administration even as Department of Homeland Security officials have promised to reform the immigration detention system. A growing collaboration between local police and immigration enforcement is being encouraged, its worst manifestation seen in Arizona’s SB1070. And despite moving away from massive workplace raids, the agency has continued home and business raids under the radar. All in all – overall levels of deportation have actually increased under President Obama. Meanwhile, legislative reform is stalled in Congress. Watch it here.

As July 29th approaches, the state of Arizona is ill prepared for the consequences of SB1070 which will likely include many due process violations, racial profiling and an even more broken immigration system.

Watch two moms fight to stay together

In countries around the world, the month of June is celebrated as LGBT Pride month, and is a time for people to come together in affirmation of the LGBT community and the movement for gay rights. June was chosen as Pride month to commemorate the Stonewall riots of 1969 which led to birth of the gay rights movement. Pride month provides us with an opportunity to recognize the successes of the movement for equal rights and to celebrate the diversity of the community, but is also a time to look at the numerous battles that are still to be won before we can all live freely and equally, irrespective of our gender and sexual orientation.

This LGBT Pride month we want to celebrate families- families like the one that Shirley and Jay, moms of twin boys, are fighting to keep together. A picture perfect family, Shirley Tan and Jay Mercado live in Pacifica, California with their thirteen year old twin boys, Jashley and Joriene, and Jay’s mother, Renee. Shirley and Jay fell in love 23 years ago when Shirley was visiting from the Philippines, and have been together ever since. Always wanting to have children, Shirley gave birth to the twins in 1997, and the couple entered into a domestic partnership under California law. Within their suburban community they are considered a “model family” in which Shirley is a typical stay-at-home soccer mom who volunteers at the boys’ school and looks after her mother-in-law while Jay works at an insurance firm. On Sundays, Jay and Shirley sing as a part of their church choir.

As per family unification provisions in immigration law, American citizens are able to petition for residency for their spouses. Unlike countries like France, Germany and Canada, this does not apply to same-sex partners in the United States, so although Jay Mercado is an American citizen, she is unable to sponsor Shirley. Having come to the United States to escape a traumatic and violent familial situation in the Philippines, Shirley had applied for political asylum in 1995. Her lawyer had advised the couple that they should be patient while the application was being processed. News of the denial of Shirley’s application came in the form of a rude shock that disrupted the whole family.

At 6:30 am on a winter morning last year, Jay was getting dressed to go to work and Shirley was getting ready to take the boys to school, when the doorbell rang. On opening it they were faced with two agents from Immigration and Customs Enforcement (ICE) who showed them a 2002 letter ordering Shirley’s deportation (which she had never seen before). Minutes later she was handcuffed and taken away as Jay and her mother watched, frightened and helpless. Shirley was held in detention at the Sansome facility in San Francisco before being tagged with an electronic bracelet and returned to her family, awaiting deportation to the Philippines. Shirley describes her time in detention as one of the most traumatic ordeals of her life-

My agonizing, humiliating and tragic experience started when I got in their SUV. My partner ran to the car and saw me being handcuffed and she broke down to tears… I thought it was the lowest point of my life…I was taken like a criminal… My heart was beating so hard, my whole body was shaking and I felt so nauseated with what was happening to me.

Reporting to ICE three times a week and struggling to deal with the possibility of being separated from her wife and children, Shirley sought the support of LGBT advocates and the media to raise awareness about the case and seek justice that would prevent her family from being torn apart. As a result of this, in April 2009, California Sen. Diane Feinstien introduced a rare bill that granted Shirley a temporary reprieve from deportation, allowing her to stay in the U.S. till January 2011.

While the Tan-Mercado family are extremely grateful for the respite that Sen. Feinstein’s bill has provided them, they are worried about what will happen to them post-Janunary 2011. In a testimony that Shirley delivered to the United States Senate Committee, Shirley expressed her concerns for the future of her family-

All the while my family was first and foremost the center of everything on my mind.  How would Jay work and take care of the kids if I was not there?  Who would continue to take care of Jay’s ailing mother, the mother I had come to love, if I was not there?  Who would be there for my family if I was not there?  In an instant, my family, my American family, was being ripped away from me.  And when I did return home, I had an ankle monitoring bracelet. I went to great lengths to hide it from my children. I have a partner who is a U.S. citizen, and two beautiful children who are also U.S. citizens, but not one of them can petition for me to remain in the United States with them. Because my partner is not a man, she cannot do anything to help me. Nor can my children, who keep asking why this happened to us and what will ultimately happen to our family.

The only way for Shirley to stay in the United States with her family is if gay and lesbian couples to be able to sponsor their partners. It is important that we recognize families like the Tan-Mercado’s so that families can stay together, in Pride month and beyond.

The good news is that the provision that allows for same-sex partner sponsorship has now been folded into the proposal for comprehensive immigration reform which was first introduced by Rep Gutierrez in December 2009.

Take action now to fix our immigration system and keep families together.

This Memorial Day join Kayne West and thousands of others to protest unjust Arizona law

Leave it to four students to stand as role models of determination against unjust laws such as Arizona’s anti-immigrant law, SB1070. Gaby, Felipe, Juan and Carlos walked 1500 miles from Miami to Washington D.C. over four months, to draw attention to the plight of the thousands of undocumented students around the country who, despite having lived here most of their lives, are unable to contribute and follow their dreams because of a broken immigration system. Walking through some of the most conservative states in the country, the Trail of Dreams students collected signatures from 50,000 people, demanding humane and just immigration reform. Despite their efforts, matters went from bad to worse as Arizona passed the controversial anti-immigrant law, SB1070. Rather than be discouraged, the Dreamers have set off once again walking from Scottsdale to Phoenix to join the National Day of Action against SB1070 on Saturday, May 29th.

In the five weeks since Gov. Brewer signed off on SB1070, legislators in 10 other states around the country are pushing for similar bills, even as immigrant rights advocates and human rights activists around the world have condemned the law that criminalizes undocumented immigrants and allows local police to question anyone who they think looks “reasonably suspicious” of being undocumented, effectively mandating racial profiling and creating fear and distrust within communities. While there has been great national and international pressure against the law and the human rights crisis that will occur if SB1070 is implemented, the vigils, rallies, boycotts, fasts and acts of civil disobedience have been met with inaction on the part of President Obama and his administration, who, besides initially denouncing the law, have done nothing to halt its progress.

Tomorrow, on May 29th, tens of thousands of people from Arizona and around the country will take part in over 60 actions of protest and civil disobedience to send a clear message to the federal government that unjust laws like SB1070 cannot exist in light of of fundamental human rights and the tenets of the Constitution. The National Day of Action against the draconian Arizona law will culminate in a huge protest march at the State Capitol in Phoenix, Arizona with thousands of students, teachers, workers, families, immigrant and indigenous people participating.

THE ASKS: The National Day of Action demands that President Obama wakes up on the right side of history this May 29th and takes  a decision to-

- Reassert the federal government’s exclusive control over immigration law by making clear that state and local police do not have the inherent authority to enforce immigration law. Arizona’s law is a result of the federal government’s failure to maintain control of immigration enforcement and its inaction regarding elimination of all forms of racial profiling.

- Immediately suspend and terminate all police-ICE partnerships, including 287(g) agreements and Secure Communities which have actively transferred federal immigration authority to the states, setting the stage for laws like SB 1070 to pass.

-Direct the Department of Homeland Security to refuse to take custody of anyone charged with violating provisions of SB 1070.

A culmination of all the diverse acts of resistance that have been taking place already, tomorrow’s Phoenix protests will also be echoed in all corners of the country in cities like Washington D.C., New York, Chicago, San Francisco and many places in between. Those who cannot make it to Phoenix can take part in a virtual march to demand intervention and express their outrage at the President’s inaction on SB1070 and comprehensive immigration reform.

Leading the way, a diverse group of artists and musicians have announced a boycott of all performances in Arizona until the new law is revoked. In a campaign called the Sound Strike, organized by Zack de la Rocha, the lead singer of Rage Against the Machine, artists like Massive Attack, Michael Moore, Kanye West, Sonic Youth, Joe Satriani, Tenacious D and Los Tigres De Norte have taken a stand against the law and called on their fans to sign a petition demanding an end to the draconian law. De La Rocha’s initiating words -

Fans of our music, our stories, our films and our words can be pulled over and harassed every day because they are brown or black, or for the way they speak, or for the music they listen to. Some of us grew up dealing with racial profiling, but this law (SB 1070) takes it to a whole new low.

So on this Memorial Day Weekend, get yourself to Phoenix at your “disobedient ” best, and join in this massive mobilization for human rights and reform. If you can’t be there, show your support wherever you are. Inspired to do something now? Send a letter to President Obama telling him just how high the stakes are, and demanding that the federal Government restore fairness NOW.

Photo courtesy of altoarizona.com

Let this video tell you if 2010 is the year of immigration reform?

On the very same day that health care reform passed in Congress, Breakthrough joined 200,000 workers, families and communities to march for just and humane immigration reform. The atmosphere was electric. Crowds chanting slogans, waving American flags, reasserting the need to restore fundamental human rights to our broken immigration system, cheering President Obama as he extended his support to immigration reform. If you weren’t there, get a quick glimpse right here.

When we as a nation deny fairness to any one group of people, we are ultimately putting all of our rights and values at risk. We need to keep up with this unbelievable momentum and translate it into concrete action. The next logical step is the introduction of a bill into Congress. While we’ve been getting hints of this with Senator Charles Schumer and Senator Lindsey Graham releasing a bipartisan blueprint for reform, we need to get more Members of Congress (like Senator Harry Reid and Senator Patrick Leahy) to support fair and just legislation. These next few weeks are crucial so take action now.

200,000 people marched for America this weekend. Now it’s your turn….

Do you know what it feels like to be a part of a 200,000 person-strong protest? In a word- amazing. But why scrimp on words when describing the largest demonstration for immigration reform since 2006!

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.

The surprise highlight of the “all star” line-up was President Obama’s video speech that was projected on giant screens to the vast crowd.

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.

POLL: Will the March for America motivate Congress to pass immigration reform this year?

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Progressive bloggers and advocates set the stage for immigration reform in 2010

Next Up, Comprehensive Immigration Reform “Not the usual suspects-” This is how Nico Pitney, National Editor for the Huffington Post and moderator on a panel discussion about the prospect of immigration reform, introduced his fellow panelists. Organized by the Center for American Progress, Netroots Nation, and America’s Voice, the panel featured some of the leading voices for comprehensive and just immigration reform, including Markos Zúñiga, founder and editor of Daily Kos, Andrea Nill, immigration blogger for Think Progress, and María Elena Durazo from the AFL-CIO.

Using the context of Rep. Luis Gutierrez‘s progressive CIR ASAP immigration reform bill introduced in mid December, the recent election of Sen. Scott Brown in Massachusetts (and the obvious question of how this will affect the progressive agenda including immigration reform), President Obama’s campaign promise to address immigration reform with his election, a lively discussion ensued on what makes the present time ripe for the passage of immigration reform legislation. Unlike the harsh and divisive debates of failed reform in 2007, the overall outlook amongst the panelists was positive, as they approached the topic from the point of view of electoral vote politics, the economy, and the labor movement.

Using Rep. Gutierrez’s bill as a solid base, Andrea Nill began by clarifying the fundamentals of Comprehensive Immigration Reform which would include,

An earned path to legalization for undocumented immigrants, including registering with the government, a background check, paying taxes, and ensuring their integration into society.

Creating flexible channels for the future legal flow of immigration which could adjust itself to the ebb and flow of the economy.

Smart enforcement policies including moving resources away from spending money trying to detain and deport immigrants and “chasing busboys and nannies through the desert” into addressing problems such as drug and human trafficking at the border.

Markos Zuniga made the distinction between the political climate around immigration in 2007 and now by talking about today’s polls that show 66% of voters (an equal percentage of Democrats and Republicans) support reform making it a truly bipartisan issue. With Latino groups reaching a plurality in 2050 and Asian and other minority communities growing rapidly, the co-relation between electoral votes and reform is clear. For many Republicans, falling back onto nativist rhetoric and hate-mongering like in 2007, could mean a significant loss in votes from Latino and other immigrant communities.”President Bush won 40% of the immigrant vote in 2004, John McCain only got 28% in 2008, so the long term health of republican party is in jeopardy if they can’t appeal to immigration groups.”

Andrea Nill added that while there are three groups largely responsible for the nativist rhetoric – FAIR, NumbersUSA and the Center for Immigration Studies, there is also division between the anti-immigration movement, including within the Republican party between moderates willing to engage with immigration reform, and hardliners such as  Rep. Joe Wilson and Rep. Brian Bilbray and other members of the House Immigration Reform Caucas.

Speaking on behalf of  the labor movement, Maria Durazo said there is high expectations from the administration and Congress to deliver on its promise of reform.”These are people who harvests our crops, build our buildings and work in our restaurant…they do services for us but then when we need to respond to their need to bring them out of the shadows we call them names – law breakers, illegals…we want to make sure any immigration legislation has protections for workers, both native born and undocumented immigrants who will come out of the shadows – because we will all lose if we don’t work together.”

In terms of Sen. Scott Brown’s recent victory, the panelists felt that it has little effect since immigration reform has and always will be a bipartisan issue. But on a larger scale, the election felt emblematic of the waning of Democrat popularity due to their lack of engagement with many issues, including immigration, and while voters are looking for the ‘hope’ and ‘change’ that they were promised, immigration reform is an opportunity for both Democrats and Republicans to work together towards a viable solution.

But there is also an economic argument for reform. According to a recent Center for American progress report, immigration reform will be crucial for the economy, with mass deportation causing a loss of $2.6 trillion as opposed to a growth of approximately $1.5 trillion over a ten-year period if reform passes. And since the economy, like healthcare,  is a foremost priority of the Obama administration, this is an opportunity to address both issues simultaneously.

The panelists were unanimous on the fact that the present situation is highly favorable towards immigration reform and highlighted the expanse, width and strength of the present coalitions, which today include faith-based groups, LGBT groups, ethnic groups, immigrant rights advocates and immigrant communities in general.

Looking ahead, while Rep. Gutierrez‘s progressive immigration bill which has 90 co-sponsors would serve as the progressive conscience, everyone is waiting for the bill that Sen. Charles Schumer is working on with Sen. Lindsey Graham is introducing for debate in the Senate. It will then move to the House where it will be written by Rep. Zoe Lofgren.

The penultimate point of the discussion centered around ensuring that the mainstream media begin to report on the issue and mobilize around reform. Maria Elena pointed out the importance of providing people with honest information about the implications of enforcement actions such as raids and detention to families and the economy. Markos Zuniga pointed out that Latino and Asian communities are virtually invisible to the mainstream media, thus removing one side of the immigration story. Stressing the importance of building a pro-immigration story into the media narrative, the speakers highlighted the essential role of online journalism, blogging and networking in building knowledge and momentum for the movement.

Esmeralda: A transgender asylum seeker speaks out against immigration detention

Courage comes in many different forms. For Esmeralda a transgender asylum seeker from Mexico who faced horrific circumstances in immigration detention, it came in the form of seeking justice. Kept in a segregated cell with other transgender detainees, Esmeralda never realized that her experience in detention would match the trauma of discrimination she had faced back home. But her story is also one of hope for change.

While the Obama administration has pledged to reform the detention system, its promises do not go far enough. Spread over a patchwork of more than 500 county jails, privately run prisons and federal facilities, immigration detention is a $1.8 billion business estimated to hold 442,941 detainees in custody in 2009 alone.

Transferred far away from their homes and families, stories are rife of how detainees are denied visitation, access to lawyers, medical care, and are subject to physical and verbal abuse. Many vulnerable people, including asylum seekers, pregnant women, children, lawful permanent residents and even U.S. citizens are among those detained.

Listen to Esmeralda’s voice of courage and take action now to fix a broken detention system.