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Immigrant women defy odds on International Women’s Day

March is the month where International Women’s Day celebrates the strides women have made, in spite of all they have to endure. Like Rosa Morales, an immigrant woman who turned her life around and went from the brink of being deported, to being awarded a scholarship for her contribution to society.

Two years ago, what started as a 911 call to register a case of domestic violence turned into a deportation case for Rosa. Although her husband was a legal resident, she had been living in the U.S. as an undocumented resident. Rosa, then a 35 year old mother of two boys, was taken to an immigration detention facility where she was held for a month before she was given a deportation hearing and released after her husband paid a bond. While in detention, Morales looked back on her life, realized that she was frustrated with living under extreme financial hardship, and took the decision to turn her life around. Soon after her release, she earned her GED and joined Promotoras, a group of women volunteers who visit schools and churches to provide information on health and education to other women in the community. In spite of continuing financial hardship, both Rosa and her husband have enrolled in college and she aims to follow this up with a social work degree at Arizona University, a job, and then citizenship. Recently, in honor of her commitment to bettering the life of her family and community, Rosa Morales was awarded the Virginia Palmer Memorial Scholarship from the Tucson Branch of the American Association of University Women.

While Rosa’s story is one of hope, we also want to call attention to the hardships faced by many immigrant women as they struggle to provide for their families. From exploitation by employers to the denial of reproductive health, domestic violence to the constant threat of separation from their children, undocumented women face many challenges. Many will be in the March for America on March 21st, calling for just and humane comprehensive immigration reform to reclaim their lives and contribute to society without living in fear.

But not everyone is sympathetic to the cause. In a conference call two days ago, Numbers USA, The John Tanton Network and the Tea Party Movement discussed strategies to counteract the March for America, with the groups advocating an anti-immigration stance that targeted Latina women and even children. From our friends at Campus Progress who listened in.

CALLER 1: I would like to speak out on something. I feel the new welfare queen in America today is women coming from Mexico with a bunch of babies. So I feel they’re all coming over here and having all these babies, they are the new welfare queen in America…

CALLER 3: One piece of information would be, they aren’t babies, they’re dependents. Don’t use babies. It’s emotional to them. They have dependents. We have babies.

And the racist ball didn’t stop rolling, even though the accusations are unfounded and irrational. Callers discussed strategies to flood Congress with phonecalls and faxes “to create the perception that there was a grassroots opposition to immigration reform”. Perceptions are powerful, but so are the actions of hundreds of thousands of workers, families, and women calling for immigration reform. So get your voices out there.

Posted by ishita on March 10th, 2010 in Blog, Deportation, Detention, Family, Human Rights, Immigration, Race | Tags: , , , , , , , , , , , , , , , , , , , , , , , | No Comments »

How has the immigration system fared one year under Obama’s presidency?

In early 2009, President Obama appointed the governor of border-state Arizona Janet Napolitano, and a supporter of comprehensive immigration reform, as the Secretary of the Department of Homeland Security (DHS). For many, it was a sign that the administration would tackle immigration reform as a priority. In her first week in office, Napolitano ordered a sweeping internal review of DHS, aimed at identifying key areas for reform. March 2010 marks the one year anniversary from that week. So how much has changed for immigration?

For this we turn to a new report released by the Immigration Policy Center which compares actual reform undertaken by the agency to reforms that were recommended to them by immigration policy experts, academics and community members that would instill fairness and due process.

While DHS struggles towards reform it has failed to meet some key expectations… The department has engaged thoughtfully and strategically on some issues… However, turning principles into practice has fallen short, and the practical realities for individuals caught up in the system have not necessarily changed for the better.

DHS has done well in some areas. Focus has been shifted away from from harsh worksite raids to a focus on  employers who hire undocumented workers. Welcome detention reforms have been announced particularly focused on healthcare and conditions of detention. A precedent was created whereby women who have suffered domestic violence are eligible for asylum. The Department was  efficient in responding to the earthquake in Haiti, granting Temporary Protected Status to Haitians in the U.S. and humanitarian parole to 500 orphans.

But the spirit of reform has been strangled by an “over-reliance on enforcement policies”. There has been little growth in community alternatives to detention or legally enforceable standards and people continue to face poor medicare care and substandard conditions. 2009 has seen the growth of partnerships with state and local law-enforcement that arm them with the power to enforce immigration law even though this is a federal responsibility. There has been a growth in programs that criminally prosecute those caught crossing the border, draining resources away from prosecution of serious crimes such as drug and human trafficking.

And the failures. There has been little tangible progress in the areas of due process, with the immigration court system continuing to remain overburdened, and an appeals process still compromised. The continued expansion of state and local law enforcement programs like Secure Communities and 287(g) programs have led to accusations of racial profiling and large scale prosecutions of individuals with no criminal history.

But although there are many areas where reform is desperately needed, ultimately these will be administrative measures carried by an administrative agency DHS. But the fundamental problems of the system will continue to grow until Congress works up the courage to institute just and humane immigration reform. We can only hope that the White House and Congress gives the broken immigration system the attention it deserves, so that rather than counting down another year of incomplete policies and inefficient reforms, we have a just and human immigration system that accounts for the realities on the ground.

Photo courtesy of fairimmigration.files.wordpress.com

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Posted by madhuri on March 3rd, 2010 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | No Comments »

This is your march so don’t miss out! Come to D.C. to March for America.

Two months into 2010, the urgency for action on comprehensive immigration reform has grown, requiring us to take our efforts up a notch or two. And we are hoping that the escalation of events for immigration reform over the past two months has got you fired up for the biggest mobilization of them all -  the nationwide “March for America: Change Takes Courage” taking place in Washington D.C. on Sunday, March 21st when tens of thousands of Americans, immigrants, workers and families from all over the country will descend on Lincoln Memorial to tell Congress and the White House that the time is NOW for immigration reform.

During his campaign, President Obama promised comprehensive immigration reform in year one. But we have crossed the one-year mark, and as we continue to wait for a common-sense solution to our broken immigration system, we hope that this is the last big push before we see the change we want – a just and humane immigration system. At the march we will be:

Demanding that the President and Congress keep their promise to enact comprehensive immigration reform for new American families.

Insisting that the President and Congress act boldly to make the economy work for all American families.

Where: National Mall, Washington D.C.

When: March 21st, 2010 – Interfaith Service at 1:00 pm, March at 2:00 pm

We’re looking forward to seeing you in Washington D.C. Sign up. Get onto a bus from any part of the country through Reform Immigration for America and their collaborators. And if we’ve inspired you enough to do something now, check where your Member of Congress stands on immigration reform and let them know what you think about it.

“My bags are packed, I’m ready to go….”

Photo courtesy of reformimmigrationforamerica.org

POLL: Will you be marching for America?

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Posted by ishita on March 1st, 2010 in Blog, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , | No Comments »

Be inspired and be inspiring. Human rights can start with YOU.

There’s nothing better than a real-life inspirational story. Last week we brought you the amazing story of New York’s favorite District Attorney, 90 year old Robert Morganthau, and his commitment to equal justice for all. Today, we are happy to bring you another story confirming that New York stalwarts of justice are on a roll.

A New York Times article tells the story of Ex-Judge Michael A. Corriero and his commitment to supporting Qing Hong Wu, a man who he sentenced as a juvenile 15 years ago, for misdemeanors on the “mean streets” of New York. Motivated by Wu’s reputation as a stellar student, and intent on creating a juvenile criminal system that promised a chance for reform, Corriero promised Wu that if he got educated, worked hard, and reformed his life, he would stand behind him if ever he needed it. Today Wu desperately needs Corriero’s help and Corriero, long-retired, is doing everything he can to ensure justice.

Qing Hong Wu moved to the U.S. with his parents when he was 5 years old. With his parents working long hours to make ends meet, he got mixed-up in some bad company at the age of 15. At his trial, the teenager pleaded guilty, saying, “I’m sorry and I really hope that you will forgive me for all the pain and trouble I made them go through.” Court transcripts show that Judge Corriero called the case a tragedy and gave Wu the following advice,

This is not the end, this is really the beginning of a new period for you. I want you to educate yourself. Continue to read, follow the rules. You will want to get a job and become a meaningful, constructive member of society to help your family. I will be there to make sure that you can.

A model inmate, Wu took Judge Corriero’s advice very seriously. He was released from his nine year reformatory sentence in three years and worked towards turning his life around; he studied hard and supported his mother by working his way up to the position of Vice-President of IT at a management company, and is now engaged to be married. Inspired by the example of his mother, sister and fiance becoming U.S. citizens, he applied for citizenship last November, 15 years after having served his time. Immediately, Wu became subject to 1996 laws that make no allowance for those who have rehabilitated their lives and earned a place in society. He was locked up by Immigrations and Customs Enforcement in a detention center in New Jersey and is facing deportation to China, a country that he has not lived in for 25 years.

At the time that Mr. Wu pleaded guilty, he was not made aware of the consequences to his immigration future that could be a direct result of his sentence. Currently, the only way that Mr. Wu’s deportation can be stayed is if he is granted a pardon that erases his criminal record. While in detention, Wu wrote a letter to Judge Corriero, reminding him about the promises that they had made to each other 15 years ago. Amongst the many appeals for his release from employers, friends and family is the strong appeal that Judge Corriero, now 67 and retired, has made to Governor David Paterson, saying that Mr. Wu has earned his second chance and should be allowed to remain in the country.

Judge Corriero is of the strong opinion that while on the one hand the justice system aims to rehabilitate those accused of crimes, especially juveniles, so as to prevent against the trap of them repeatedly re-entering the criminal system, a parallel law enforcement system is working directly against this by ignoring the details of individual cases and blindly enforcing old laws. In his book, “Judging Children as Children: A Proposal for a Juvenile Justice System”, Judge Corriero envisages a more flexible justice system that supports and nurtures those who have committed mistakes and learnt from them, allowing them to change their lives rather than perpetuating a vicious cycle.

Now the Executive Director of Big Brothers, Big Sisters of New York City, the judge is going to great lengths to do something for Mr. Wu. We always believe that human rights begins with an individual. Judge Corriero has made a personal effort, and we really hope that this, combined with all the support that Mr. Wu has received, will make a difference.

In the mean time, if you want to be an inspiration, join SAALT’s new video project, “Say it Loud: Share Your Story for Immigration Reform”, As Congress and the Administration debate immigration reform this Spring, SAALT is collecting video testimonials from individuals who have a personal story to tell about how they might have been affected by the broken immigration system and what immigration reform would mean to them. These stories of personal experience will serve as powerful and inspiring tools in the mobilization towards immigration reform, so if you have something to say, then create a video with your personal take on this question, “Why do you believe the U.S. immigration system needs to change”. Send it to SAALT and join the likes of Morgenthau and Judge Corriero by taking a step for human rights!

UPDATE: We are very pleased to tell you that this story has a happy ending. As a result of Judge Corriero’s personal appeal for justice and all the support that Mr. Wu has received since he was detained in November, Governor Patterson announced his pardon on Saturday. Gov. Patterson said that based on the exemplary way the Qing Wu served time, and rose from his mistakes by turning his life around, he has been pardoned for the misdemeanors he was charged with in his youth. The full and unconditional pardon that Mr. Wu received should prevent the Federal Government from deporting him, but should also allow him to be eligible for citizenship, the application that got this entire process started in the first place. A statement released by the Governor said that in his mind, Wu’s case was a chance to draw attention to “the harsh inequity and rigidity of the immigration laws.” We are with Judge Corriero in hoping that this does not remain one family’s happy ending, and is, instead, a signal of change for the criminal justice system and the immigration system so that they work together to allow people to recover from their mistakes and reclaim their lives.

Photo courtesy of www.nytimes.com

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Posted by ishita on February 23rd, 2010 in Blog, Deportation, Detention, Due Process, Enforcement, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , | No Comments »

Action Alert: Send a postcard to Congress

With the expectation that comprehensive immigration reform could soon be considered by Congress, it is important that supporters of reform make their voices heard on Capitol Hill. For this reason, the Justice for Immigrants Campaign has initiated a postcard campaign to urge Congress to pass reform legislation.

Send a postcard to Congress now. All you need is your zip code.

Posted by madhuri on February 5th, 2010 in Blog, Family, Human Rights, Immigration | Tags: , , , , , , , , | No Comments »

Take action on this historic opportunity to “Restore Fairness” to the Patriot Act

Picture 1On December 31, 2009, three provisions of the Patriot Act expired, creating a perfect opportunity for Congress to examine the Act and its infringement on the rights of U.S. citizens. However the House and Senate rejected an alternative proposal called the JUSTICE Act that would bring in more checks and balances and add long overdue civil liberties protections and instead renewed the expiring provisions for 60 days. Time is running out and so on February 3, 2010, a broad coalition of allies are going to D.C. and they would like you to join them in flooding the halls of Congress in protest of the Act.

Amid the climate of fear and uncertainty that followed the terrorist attacks of September 11, 2001, President George Bush signed into law the Patriot Act, expanding the government’s authority to secretly search private records and monitor communications, often without any evidence of wrongdoing. Many believe that the legislation threatened privacy, intellectual freedom, and sanctioned racial profiling. And more than seven years after its implementation, many more believe there is little evidence to demonstrate that the Patriot Act has made America more secure from terrorists.

The provisions that are set to expire relate to roving wiretaps that allow authorities to monitor an individual instead of a particular phone number, a business record provision that allows investigators to seize “any tangible things” deemed relevant to a terrorism investigation, and the “lone wolf” provision that allows authorities to monitor terrorism suspects not connected to any specific foreign terrorist group or foreign government. But there is hope that this moment can be used as an opportunity to amend other parts of the Act. According to the ACLU this must include,

National Security Letters (NSLs): NSLs are secret demand letters issued without judicial review to compel internet service providers, libraries, banks, and credit reporting companies to turn over sensitive information about their customers and patrons.

Material Support Statute: This provision criminalizes providing “material support” to terrorists, regardless of whether they actually or intentionally further terrorist goals or organizations. Intended as a mechanism to starve terrorist organizations of resources, it has actually undermined legitimate humanitarian efforts such as asylum claims and charitable contributions.

Foreign Intelligence Surveillance Act Amendments Act of 2008: Originally passed to allow the government to collect foreign intelligence information, Congress changed the law to permit the government to conduct warrantless and suspicion-less dragnet collection of U.S. residents’ international telephone calls and e-mails in the fight against terrorism.

Even with it cloaked in secrecy, government reports reflect a rapidly increasing level of surveillance and Department of Justice Inspector General reports have revealed misuse of NSL and other aspects of the Act. Moreover, several federal courts have found parts of the Patriot Act unconstitutional.

Add your voice to the demand that Congress uphold the Constitution and protect the rights of its citizens.

Photo courtesy of www.reformthepatriotact.org

Posted by madhuri on January 20th, 2010 in Blog, Detention, Due Process, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | No Comments »

Faith communities shine the light for CIR ASAP on International Migrants Day

candle_flame_0.thumbnailFaith communities across the country have been banding together to give an important voice for immigration reform, countering extremism, forcing a conversation about morals and American values, and in some instances intervening on the part of their congregation members.

Last week, faith leaders launched the “Shine the Light for Immigration Reform” campaign, a week-long series of Interfaith Days of Action urging Congress to reunite families and welcome the stranger. The days of action, which began on December 10th, International Human Rights Day, will culminate tomorrow, December 18th, the eve of International Migrants Day, with a vigil at a church near the White House where diverse faith leaders will deliver prayer flags and signed postcards from the various vigils and posadas held over the week to send a powerful message to Congress that comprehensive immigration reform must be delivered early in 2010.

Rev. Michael Ellick, Associate Minister of the Judson Memorial Church in New York City, a participating congregation, articulated the timeliness of this call to action; echoing Rep. Gutierrez’s recent words before Congress:

“This is the greatest crisis of our time. To delay or deny immigration reform not only turns our backs on the great legacy of our society of immigrants – which by the way was forged and populated by the greatest migration of people in the history of the world, it’s to turn our back on 5.5 million children who are our own.”

Other churches, like the century-old Reformed Church of Highland Park, New Jersey has been engaged in activism for several years. After the 2006 raids, when armed federal immigration agents rounded up 35 Indonesian men with expired visas and outstanding deportation orders, their wives and children, as well as others in hiding, began pleading to sleep at the church, and Rev. Seth Kaper-Dale couldn’t ignore the issue.

While attempting to intervene and understand the complex terrain of immigration law and detention on behalf of the Indonesian Christians who shared his sanctuary, Kaper-Dale discovered that many of them had initially arrived on tourist visas in the 1990s, but had over-stayed their visas, because they faced violence and discrimination in their home country.  After 9/11 when the government required “special registration,” NSEERS (termination recently requested in a December 7th letter to DHS and DOS), of men ages 16 to 65 who entered the country on temporary visas from a list of primarily Muslim countries, including Indonesia, most of these Indonesians complied, on the advice of their pastors, hoping that honesty would open a pathway to citizenship. Instead, their appeals for asylum were denied, and those who registered became targets during immigration crackdowns.

However, under an unusual agreement eventually negotiated between Kaper-Dale and Immigration and Customs Enforcement officials in Newark, four Indonesians have been recently released from detention, and 41 others, living as fugitives from deportation, have turned themselves in under the protection of the church. And rather than jailed, they have been released under supervision, and are eligible for work permits while their lawyers figure out how their cases might be reopened.

Though agency officials claim this type of arrangement is determined on a case-by-case basis, advocates hope it signals a broader use of humanitarian relief as Congress begins to tackle immigration reform in the new year. But skeptics recognize that this “church run-alternative to detention” is both an inconsistent exception and a temporary band-aid within a flawed immigration system that demands an overhaul.

Therefore, until the “Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 CIR ASAP” which Rep. Gutierrez (D-IL) introduced on December 15th, and other proposals, based on the same principles, including one from Senator Charles Schumer (D-NY), who heads the Senate Immigration Subcommittee and Representative Zoe Lofgren (D-CA), who heads the House of Immigration Subcommittee, which are expected to be put on the table in early 2010, are transformed into actual legislation, millions of immigrants, like Patricia, a mother fighting a deportation order, will live in limbo with the fear of separation, only temporarily mitigated by the passionate efforts of pastors, like Rev. Kaper-Dale, and a committed volunteer base.  As Patricia simply asserts through a translator:

“Before our neighbors took us in for sanctuary, we lived in fear and insecurity…As a family, we want to call for comprehensive immigration reform that can help us to have a better life, so we can live with dignity and honor in this country, as children of God.”

So, if you’re in Washington tomorrow, shine some light for CIR ASAP, and URGE the remaining congressional members to get on board to fix this crisis.

Photo courtesy of Christian Religious Leadership Network

Posted by heidi on December 17th, 2009 in Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , , | No Comments »

Immigration reform is on the horizon but what about fair and just enforcement policy?

napolitano_featureThe past fortnight witnessed numerous developments on the immigration front, and almost all roads seem to be pointing to the pressing need for immigration reform that ensures fair and just enforcement.

The November 18th Families, Freedom and Faith telephonic town hall featuring Members of Congress Luis Gutierrez, Raul Grijalva, and Nydia Velazquez, was a huge success with more than 60,000 reform supporters calling in from 1,009 house parties in 45 states. During the event, which took the form of a massive conference call with more than 16,000 active telephone lines, organizers urged listeners to demand immigration reform by texting and calling Members of Congress. Congressman Gutierrez laid out a comprehensive vision for immigration reform and called on supporters to hold their leaders accountable.  In his words,

We need everyone on this call to take action with your churches, your families and your organizations so that we can deliver a strong message to President Obama and Congress that, hey, it has been a year…We want you to keep your promise to our families.  We’ll be watching on the State of the Union to make sure you keep your promise.

The huge turnout for the telephonic town hall came hot on the heels of Department of Homeland Security (DHS) Secretary Janet Napolitano’s speech at the Center for American Progress in which she made a strong case for the need for immigration reform, positing that  now is the time to take significant strides towards a  “three-legged stool” approach – regulating the flow of immigrants, dealing with those who are already here, and beginning with “fair, reliable enforcement.” She said:

Let me emphasize this. We will never have fully effective law enforcement or national security as long as so many millions remain in the shadows…Making sure these people become full taxpayers and pay their fair share will both benefit our economy and make it easier to enforce the laws against unscrupulous or exploitative employers.

But with the talk of reform must also be the talk of fair and just enforcement policies. In mid-October Immigration and Customs Enforcement announced new 287(g) memoranda of agreements (MOAs) with 67 state and local law enforcement agencies – an expansion of the already  existing program that arms state and local enforcement with immigration enforcement powers. Maricopa County Sheriff’s Office headed by Sheriff Joe Arpaio was one among several agencies accused of racial profiling to be granted a new MOA despite various complaints and an ongoing Department of Justice investigation. Even the UN Committee on the Elimination of Racial Discrimination has expressed its concerns in a letter to the Obama administration in which they outline the clear lack of progress towards ending racial discrimination in the United States, calling upon the Administration to “reconsider its policy under 287 (g) of the Immigration and Nationality Act.”

Problems with the new program are already emerging. Although the federal government has said that it was reformulating its agreements with local law enforcement to ensure that the 287(g) program was being used to detain only serious felons rather than those with misdemeanors to save precious resources, programs in places like the Sheriff’s department of Wake County, North Carolina are still operating unchanged and unchecked. Wake County Sheriff, Donnie Harrison confirmed that his department has not altered the way it implements the program. “We do the same thing if you’re charged for murder or if you’re charged with no operator’s license,” said Harrison, one of seven North Carolina sheriffs who have the program. “Nothing has changed for us.”

In Maricopa county, Alma Minerva Chacon was detained by Sheriff Arpaio’s officials while she was nine months pregnant. On the night of her arrest, Chacon went into labor and was rushed to a local hospital with her hands and legs shackled, and despite the nurses’ requests, was forced to give birth while shackled to the bed. Arpaio’s police staff did not allow Chacon to hold her baby girl and warned her that if no one came to claim the child within 72 hours, the child would be turned over to state custody. Watch Alma Minerva Chacon talking about her ordeal.

These shocking incidents only reinforce the need for the hour – immigration reform that respects fairness and due process and does not bargain one for the other.

Photo courtesy of www.reformimmigrationforamerica.org

Posted by ishita on December 1st, 2009 in 287G, Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Immigration | Tags: , , , , , , , , , , , , , , , , , , , | No Comments »

Human Rights First report tells us that broad immigration laws label bona fide asylum seekers as “terrorists”

AsylumReportAccording to a Human Rights First report released last week, since 2001, over 18,000 refugees and asylum seekers who pose no threat to U.S. security have not received protection from the U.S. government due to the overly broad provisions of Immigration law, and the expansive way that they have been interpreted by federal immigration agencies. The report, entitled, ‘Denial and Delay: The Impact of the Immigration Law’s “Terrorism Bars” on Asylum Seekers and Refugees in the United States’, outlines the pervasive, unintended consequences of the “terrorism” provisions in the Immigration and Nationality Act (INA) and provides some recommendations for swift and comprehensive solutions to the problem.

Out of the 18,000 cases, 7,500 are in limbo after having been put on hold or delayed by the Department of Homeland Security (DHS). Most of these are people who are already in the U.S. and have filed for permanent residency. However, the delays are thwarting efforts of these people to bring over their family members, many of whom remain in stuck in very dangerous and difficult situations in their home countries.

While this situation can be traced back to provisions instituted in the 1990s, the USA Patriot Act of 2001 and the 2005 Real ID Act expanded the scope of laws dealing with “terrorist organizations”, “terrorist activity” and “material support” in ways that ensured that thousands of men, women and children who comprised of people who were abducted by rebel armies, who fought for democracy in their countries, and doctors who provided medical care to the wounded in accordance with their occupational obligation, were denied asylum even while they had fought for causes that the U.S. supports.

At the center of the report lie personal stories of those affected by these provisions. The most striking is that of a young girl who was kidnapped by a rebel group in the Democratic Republic of the Congo, forced to take part in armed conflict, and threatened for her work against the use of children in armed conflict. Her application for asylum has been on hold for a year because of her previous involvement in armed conflict.

In another case, a refugee from Burundi was detained in U.S. county jails for 20 months because DHS and the immigration judge that heard his case decided that he had provided “material support” to a rebel group when the rebels had, in fact, forcibly robbed him of 4 dollars and food. Sachin Karmakar, a Bangladeshi man who advocated for religious minorities and was facing persecution for his work, was granted asylum but not permanent residency because he was involved in Bangladesh’s 1971 fight for independence from India.

Calling for reform, the report details that although DHS has been trying to deal with this situation by granting discretionary waivers, it has been piecemeal and is clearly not enough. They suggest that Congress amends the notion of “Tier III terrorist organizations” and the definition of “terrorist activity” to be more specific and appropriate.

The INA’s sloppy definition of a “Tier III terrorist organization” is causing groups that the U.S. does not treat as “terrorist” in any other context to be defined in this way…refugees who pose no threat to the U.S., and are not guilty of any conduct for which the U.S. would legitimately want to exclude them, are being denied the protection they need or are unable to obtain permanent residence or reunited with their spouses or children. Any non-citizens who do pose a threat to the U.S. or who are guilty of actual terrorist acts or other crimes are already covered by other provisions of the immigration law, so that the “Tier III” definition is being used overwhelmingly against people who were not its intended targets.

Moreover the Human Rights Watch report demands that DHS -

adopt a more effective and fair approach to granting “waivers”, one that allows people initially applying for asylum, refugee status or other relief to be considered for waivers based on an individualized assessment of their actions, that permits prompt adjudication of the large mass of applications for permanent residence and family reunification of people…and that ensures that no refugee is deported without being considered for a waiver if eligible for one under law.

Anwen Hughes, the author of the report, says that the speed at which Congress and the Obama administration is dealing with situation is disastrously slow. She said that change is critical in order to ensure that the immigration laws are no longer used to exclude legitimate refugees from the protection the U.S. is committed to offering them.

Photo courtesy of www.humanrightsfirst.org

Posted by ishita on November 19th, 2009 in Blog, Deportation, Detention, Due Process, Fair Day in Court, Family, Immigration | Tags: , , , , , , , , , , , , , , , , , , , , , | 2 Comments »

Welcome to Restore Fairness

Welcome to the Restore Fairness campaign. We are calling upon Congress and the Administration to bring back fairness and due process to our immigration system. We believe that together, we can put pressure on our government to alter the landscape of U.S. immigration to one that respects human rights and due process for all.

When President Obama was elected, approximately 1200 organizations, including Breakthrough, signed onto a national letter to urge for the reform of our immigration system. The letter states:

Indiscriminate immigration raids have caused trauma and hardship for thousands of individuals. A new and vast detention system has resulted in violations of basic due process rights, the deaths of immigrants – including legal permanent residents. A patchwork of state and local immigration enforcement initiatives has only served to damage trust among immigrant communities and law enforcement officials and undermine public safety. … The suffering caused by these practices and experiences underscores the problems with current U.S. immigration policies and the pressing need for reform.

Add to this the fact that many immigrants do not get a fair day in court and you have an explosive situation.

You can stop the erosion of our fundamental human rights. Get started by writing to Congress today.

And don’t forget to sign up for updates so we can work together to put pressure on our government to stick by what is fair and just.

Posted by madhuri on September 10th, 2009 in Blog, Detention, Enforcement, Fair Day in Court, Immigration | Tags: , , , , , , , , , | No Comments »