“I have made securing our Southwest Border a top priority since I came to office… So these steps (passage of the law) will make an important difference as my administration continues to work with Congress toward bipartisan comprehensive immigration reform to secure our borders, and restore responsibility and accountability to our broken immigration system.”

For many, the emphasis on increased enforcement without any effort to address the egregious violations that come along with these is unacceptable. The New York Immigration Coalition for one argued,

The immigration crisis is dividing our nation in ugly ways we have not seen in generations – a situation exacerbated by ramped-up enforcement.  Not only is it not solving the immigration crisis, it is also tearing up our communities and our nation.  However much money is thrown at aerial drones and border agents and the like, it still won’t fix the problem.

Ironically, HR6060 was introduced by Senator Charles Schumer who is leading the immigration reform effort in Congress, and was passed unanimously in the Senate. The approaching Senate elections seem to have driven forth the abrupt decision, as jobs and border security are considered issues expected to be on voters’ minds when they go to the polls in November. House Democrats actually called a special session to pass the border security bill as well as a $26 billion aid bill to keep teachers and other public workers from being laid off.

The border security measure would fund the hiring of 1,000 new Border Patrol agents to be deployed at critical areas along the border, 250 more Immigration and Customs Enforcement (ICE) agents, and 250 more Customs and Border Protection officers. It provides for new communications equipment and greater use of unmanned surveillance drones. Almost one-third of the money goes to the Justice Department to help agencies such as the FBI, the DEA and the ATF deal with drug dealers and human traffickers. The bill is funded by raising fees on foreign-based personnel companies that use U.S. visa programs, including the popular H-1B program, to bring skilled workers to the United States. India says higher fees would discriminate against its companies and workers.

According to Los Angeles Times,

Immigration is an important election-year issue for some voters, and supporters of the measure from both parties hope it will demonstrate that Washington is capable of addressing border security after Arizona passed a tough illegal immigration law.

For these very reasons, many organizations oppose the law, shunning these politically expedient strategies which ultimately damage immigrant communities, instead calling for a renewal of the administration’s commitment to uphold our nation’s values and achieve real progress on immigration reform. With the negative focus on enforcement, many are calling for passage of the Dream Act and AgJobs in September to help undocumented students and farmworkers as important down payments on the broader reform that is needed. At the same time, they are calling for President Obama and the Department of Homeland Security to implement administrative reforms that would provide relief to those at risk of deportation and family separation and measures that would restore basic due process to the immigration system. As Deepak Bhargava from the Center for Community Change noted,

It is extremely disappointing to see Congress fall for Republicans’ wholly manufactured allegations of an insecure border. Every study and report shows the border has never been safer. Crime statistics, free of political bias, show crime has never been lower…Republicans are impervious to facts.

According to blog ImmPolitic, many Republicans who keep calling for more border security before considering immigration reform will never be satisfied.

As we wrote about here and here, a series of enforcement “benchmarks” were set in the 2007 immigration reform legislation.  Those “benchmarks” have largely been met, and more enforcement resources have been deployed that were not contemplated at the time.  Still, politicians who are opposed to actually fixing our broken immigration system call for more enforcement.  They have moved the goalposts, and they will move them again.

Instead of building on the victory of the Arizona lawsuit, Congress and President Obama is taking a step backward.

Photo courtesy of www.latimes.com

On the first anniversary of an announcement that Immigration and Customs Enforcement (ICE), the enforcement agency within the Department of Homeland Security (DHS)) would overhaul the nation’s immigration detention system, reports show that for the nearly 400,000 immigrants ICE has detained this year, little has changed.

On August 6, 2009, in response to sharp criticism from advocacy groups, community organizations, and government officials, ICE Assistant Secretary John Morton promised sweeping changes to improve detention conditions.  According to Mr. Morton, the agency intended to take substantial steps to transform the sprawling patchwork of approximately 350 jails and prisons into a non-penal, “civil” detention system.  

While advocates were initially encouraged by Mr. Morton’s promise to overhaul the detention system and move away from holding immigrants in jails and prisons, the reality on the ground is that little has changed.  ICE must do more to address the human rights violations occurring in both the detention and enforcement systems.

There have been a number of positive developments in the past year.  However, these are to achieve meaningful impact in the lives of those detained.  The reality is, under President Obama’s Administration, more people are being detained and deported than under the Bush Administration, in a manner that fails to meet the United States’ human rights obligations under international law.

Some of the steps ICE has taken toward achieving reform include last month’s launch of an Online Detainee Locator System, a tool allowing, for the first time, families and attorneys to find loved ones and clients in ICE custody.  In May, ICE piloted a risk assessment and custody classification tool, which will allow the agency to screen individuals to determine whether they should be released. Historically, ICE has routinely detained people that should have been released.  

ICE has also discontinued the detention of families and children at the T. Don Hutto Facility in Taylor, Texas, which received national attention when the facility’s substandard conditions became the subject of lawsuits. Today, ICE uses the Hutto facility, which is privately owned and operated by Corrections Corporation of America (CCA), to detain only women.

But there is much to be reformed. In May, Hutto came under scrutiny once again when allegations surfaced of a series of sexual assaults by a CCA guard against females detained there. “We were heartened that the Obama Administration ended family detention at Hutto and took on reforming the broader immigration detention system,” said Rocío Villalobos, of Texans United for Families, a member organization of Detention Watch Network. “Today, the majority of women at Hutto are seeking refuge from violence in their home countries.  This spring’s sexual assault incidents show how detention subjects people to more violence, which deepens their trauma, rather than protects them from it.”

ICE has also appointed “detention managers” to work in 42 facilities and hired experts in detention management and health care. However, their presence has meant little change for detained immigrants. For example, a detention manager was working at the Hutto facility at the time the sexual assaults occurred, calling into question the detention managers’ ability to adequately oversee detention operations.

The Detention Watch Network, Heartland Alliance’s National Immigrant Justice Center, and the Midwest Coalition for Human Rights, are releasing a report evaluating ICE’s progress in October 2010.

 A snapshot of the reports reveals that human rights violations persist.  In Florida, the Florida Immigrant Advocacy Center reported that gross deficiencies in the provision of medical care continue, as well as the unnecessary detention of individuals with serious medical conditions. For example, a woman at the Baker County Detention Center who had been detained for five years remained in custody despite her deteriorating health, which involved a heart catheter, ulcers, and lung and orthopedic problems.  

Multiple reports were received of inappropriate treatment of detained immigrants with mental health issues, including one man that was placed in solitary confinement after he exhibited suicidal tendencies. In New Jersey, the Middlesex County Coalition for Immigrant Rights described only two working toilets for a dorm with a maximum capacity of 48 that held 60 men.  Groups also report that individuals continue to be subjected to indefinite detention – in some cases for years.

Most recently,  the Inter-American Commission on Human Rights has found that “U.S. deportation policy violates fundamental human rights because it fails to consider evidence concerning the adverse impact of the destruction of families, the best interest of the children of deportees, and other humanitarian concerns.”

Photo courtesy of www.machamexico.com

Guest blogger

I first met Adnan Tikvesa back in December when I spoke at a symposium on human rights and Islam at the Al-Farooq mosque in Atlanta.

The focus of my talk was the fundamental rights and liberties enshrined in the U.S. Constitution, including every person’s right to due process of law.

I was on my way out when I saw a young man, looking apprehensive, approach me and ask that I take a look at the document in his hand. It was a letter he had received from the Transportation Security Administration.

Adnan is a 25-year-old resident of Atlanta and an American citizen since 2003. He first arrived in America in 1994 as a 9-year-old refugee fleeing the ethnic cleansing of Muslims in Mostar, a city in the former Yugoslavia.

Adnan has worked for Delta since October 2004. He was granted clearance in November 2004 for access to the secured areas of Hartsfield-Jackson International Airport. His security clearance was renewed in 2006 and again in 2008.

Adnan is part of a family that is proud to work for various employers in the Atlanta airport: his father works for Delta and his mother works for Delta Global Services; they both hold the security clearance. His sister works for the airport customer service.

Adnan has never been convicted of, or even charged with, any crime. He is well-respected by his co-workers and supervisors for the quality of his work.

So why was it that on Nov. 12, 2009, TSA suddenly decided to suspend Adnan’s security clearance without telling him why? To this day, no one knows.

“I asked, but why, what have I done? But they just handed me the letter and said I can appeal if I so choose. I said but what can I appeal when I don’t know what I have done?”

He received no responses to this plea. His badge was also confiscated.

Adnan felt humiliated by this treatment, especially in front of his co-workers. He was also confused about what exactly was happening and why.

Adnan wrote to TSA a few days later to say that he was unaware of any reason for the suspension of his security clearance and to request any information as to why this decision was made.

In January, TSA issued a grossly inadequate response to Adnan’s letter.

None of the documents produced provided any notice of the reasons underlying TSA’s decision to revoke his security clearance. The 10 pages of documents that were provided were also heavily redacted.

As a result, TSA once again failed to provide notice or a meaningful opportunity for Adnan to correct any misinformation or to contest the basis for TSA’s decision to revoke his security clearance.

TSA’s action had a profound impact on Adnan’s ability to earn his livelihood, as Delta placed him on immediate suspension without pay from his job as a baggage service worker.

None of this was easy on Adnan, who was used to living a busy life. It was not easy to have his parents and sister go to work every day and be faced with questions about when Adnan was coming back to work. Even more taxing for the family was facing the questions that were not asked: What was it exactly that Adnan had done?

For Adnan, the fight to gain his security clearance back became more than a battle to re-earn his job. It became a pursuit to redeem his name. In his words:

“I’d just like to let everyone know that I’m innocent.”

In March, the ACLU appealed TSA’s decision to suspend Adnan’s security clearance and called on the agency to tell Adnan the reasons for the decision and give him a real opportunity to respond.

In May, TSA notified Adnan that it had reversed its decision. But TSA still did not provide any explanation why it had decided to revoke Adnan’s security clearance in the first place.

TSA’s reversal is indeed good news for Adnan. But the fundamental problems with TSA’s process of suspending security clearances have not gone away.

Since the letter from TSA gives no reason for the agency’s initial decision to revoke Adnan’s security clearance or for the reversal of this decision, Adnan remains confounded as to why TSA suspended the security clearance.

There is also no indication of any meaningful safeguards in place to keep TSA from doing this again to Adnan or other workers.

After eight months in limbo, Adnan returned to work last week. His co-workers greeted him enthusiastically and even threw him a welcome back party.

But the injustice faced by Adnan has not been erased. For a Muslim-American Delta worker and a refugee from systematic injustices abroad, due process of law, a fundamental tenet of the American justice system, was denied.

So long as TSA refuses to restore due process to this system, chances are that he will not be the last.

Azadeh Shahshahani is National Security/Immigrants’ Rights Project Director at the American Civil Liberties Union of Georgia.

Photo courtesy of www.tsa.gov

Federal Judge Susan Bolton’s ruling came hours before the law was to take effect in response to a lawsuit filed by the Obama administration and to nationwide protests.

Her amendments block the portion of the law that requires an officer to make an attempt to determine the immigration status of a person stopped, detained or arrested if there’s reasonable suspicion he is in the country illegally. They block the portion that creates a crime of failure to apply for or carry “alien-registration papers,” as well as the portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.) This ruling also obstructs the portion of the law that allows for a person’s arrest without warrant whenever there is a probable cause to believe he has committed a public offense that makes him removable from the U.S.

Bolton’s decision marks a victory for many in the movement who feel that the law would lead to racial profiling and fear mongering.

Many praise her amendments which significantly weaken “reasonable suspicion” as the basis for presuming someone is in the country unlawfully, and for stopping, detaining, or arresting him or her. Like Bolton, many opponents point to America’s fundamental principle that avers that everyone is presumed innocent until proven guilty, and argue that the original SB 1070 had turned the presumption of innocence on its head.

Bolton’s decision to eradicate “reasonable suspicion” removes the original bill’s form of discrimination, which invited racial profiling from officers who are likely to rely on the way people look in forming any “suspicion” that they are not in this country legally. Many argue that such vague and undefined enforcement policies called for U.S. citizens and non-citizens alike to carry papers on them at all times. These tactics are the hallmarks of a “police state,” more often associated with totalitarian regimes. Opponents to SB1070 claim that the injustices of racial profiling were evident in the police departments’ massive sweeps of Latino neighborhoods and the targeting of Latinos for minor, misdemeanor offenses, often with no follow-up prosecution under those minor offenses. They expressed that the original bill did not present legitimate grounds for forming such suspicion, so they refused to refer to it as a workable standard in Arizona. Bolton has responded to these arguments with her amendments, leaving many satisfied.

She, a Clinton appointee, articulated in her decision:

Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked.

Many top law enforcement officials, including the Arizona Association of Chiefs of Police, had also acknowledged that the original SB 1070 would significantly harm the public trust which law enforcement officials need in order to protect the people of Arizona and would alienate police officers from the communities they serve. Last week, we reported on Arizonan officer Paul Dobson’s recorded confession of his own similar concerns for the law. Officials argued that the original law would force police officers to devote scarce resources to investigating false threats rather than solving serious crimes. They further asserted that the original law had compromised the criminal justice system because crime victims were more vulnerable, and therefore, unwilling to report crimes, and because witnesses were afraid to cooperate out of fear that they would be targeted. Local cops said that the original bill had placed officers and victims alike in a difficult position.

The U.S. Department of Homeland Security Deputy Press Secretary Matt Chandler issued the following statement yesterday in response to Bolton’s decision. He said:

The court’s decision to enjoin most of SB1070 correctly affirms the federal government’s responsibilities in enforcing our nation’s immigration laws. Over the past eighteen months, this Administration has dedicated unprecedented resources to secure the border, and we will continue to work to take decisive action to disrupt criminal organizations and the networks they exploit. DHS will enforce federal immigration laws in Arizona and around the country in smart, effective ways that focus our resources on criminal aliens who pose a public safety threat and employers who knowingly hire illegal labor, as well as continue to secure our border.

ICE works every day with local law enforcement across the country to assist them in making their communities safer and we will continue do so in Arizona. At the same time, we will continue to increase resources in Arizona by complementing the National Guard deployment set to begin on Aug. 1 with the deployment of hundreds of additional Immigration and Customs Enforcement agents, Border Patrol agents and other law enforcement personnel that will aid in our continuing efforts to conduct outbound inspections, patrol challenging terrain, and interdict illicit smugglers. We are focused on smart effective immigration and border enforcement while we work with Congress toward the type of bipartisan comprehensive reform that will provide true security and establish accountability and responsibility in our immigration system at the national level.

Even as debates about the law in Arizona continue, the death toll for those immigrants crossing the desert soars. According to an article in The New York Times, the bodies of 57 border crossers have been brought in during July so far, putting it on track to be the worst month for such deaths in the last five years. A record of 150 people suspected of being illegal immigrants have been found dead since the first of this year.

Human rights groups confirm that it is the government’s sustained crackdown on human smuggling that has led to more deaths. Tougher enforcement measures have pushed smugglers and illegal immigrants to take their chances on isolated trails through the deserts and mountains of southern Arizona, where they must sometimes walk for three or four days before reaching a road. Omar Candelaria, the special operations supervisor for the Border Patrol’s Tucson Sector, said the surge in discoveries of bodies this year might also owe something to increased patrols.

The more that you militarize the border, the more you push the migrant flows into more isolated and desolate areas, and people hurt or injured are just left behind, said Kat Rodriguez, a spokeswoman for the Coalición de Derechos Humanos in Tucson.

Breakthrough is encouraged by the temporary hold on Arizona’s law but believes much more needs to be done to restore fairness to the immigration system. The opposition is already planning efforts to overturn Bolton’s injunction.

The time is now. We DO NOT want Arizonas do not sprout all over the country.  Write to President Obama and your Members of Congress to take action on immigration now.

Photo courtesy of www.thehindu.com

Dobson, a Squaw Peak Precinct patrolman with 20 years on the force, said in the three-minute clip posted to Cuentame’s Facebook page:

This law will make me feel like a Nazi out there.  I have a great deal of contempt for it; I’m very emotional about it.

Dobson is actually the only Arizonan to have answered Cuentame’s request for a video of anyone affected by the law.

Alex Caballero, co-creator of the video for Cuentame’s “Do I look Illegal?” campaign, said:

It was amazingly striking.  I didn’t think he would use that strong of language because of the cautiousness (around the issue).

Dobson faces the consequences, as expected. He is being investigated for sharing his thoughts publicly without the permission of a supervisor and faces a written reprimand or a minor form of discipline, police told the Arizona Republic.

Despite the consequences, Dobson uses this video as an opportunity to confess that he does not tolerate SB 1070. After all, the state of Arizona leaves officers like Dobson to do the dirt work – that is, arrest those believed to be illegal immigrants based on “reasonable suspicion.” Dobson paints for the viewers of his emotional video a disturbing portrait of his life post July 29, when SB 1070 went into effect.

He said:

As a law enforcement officer, I am required to serve and protect.  So, under SB 1070, I know that people will not call officers in a case of a real emergency. It’s horrifying. It violates our calling to serve and protect.

In addition to investigating Dobson, Phoenix’s police union, which supports the new law, wants the city’s police chief, Jack Harris, investigated for his federal testimony in opposition to SB 1070.

Sgt. Trent Crump, a Phoenix police spokesman, said:

The allegation here is not comparable.  To think that an organizational leader doesn’t have the right to represent the organization is absurd.

Two months ago, police chiefs around the U.S. expressed their concerns over the law to U.S. Attorney General Eric Holder, saying the law will strain relationships between officers and citizens and drain resources trying to enforce the law.

There are seven lawsuits pending against Arizona over SB 1070, including one filed by the Department of Justice.

Despite these legal challenges, SB 1070 continues to survive as it silences both police officers, whose freedom of speech is limited, and immigrants, whose right to equal protection under the law is imperiled. In June, Arizona began training its police officers to enforce the new law. A video which officers are required to watch emphasizes that SB 1070 does not condone racial profiling.

Dobson ignores any backlashes from the police units. Cuentame’s Ofelia Yanez notes this officer’s bold exposure of the truth.

She writes on a blog:

I asked him multiple times if he would like me to change his name, blur his face, or alter his voice in concern of his safety back home. Every time he thanked me for my offer and re-assured me that he didn’t need me to protect him. He admitted to being afraid of a backlash, but not surprisingly he then said one simple sentence that gave me chills: ‘Bring it on.’

Please watch this powerful video and join Paul Dobson in this fight for human rights and dignity.

Photo courtesy of www.nydailnews.com

When the NAACP called on the Tea Party to reject the racism that exists within its ranks, Tea Party activists were outraged and denied that racism is a part of their movement — despite a clear pattern of bigotry and hate. Instead, Mark Williams, the public face of the Tea Party Express, attacked the NAACP as being a “racist” organization, saying “they make more money off of race than any slave trader, ever.”

In Mark Williams’ blog post, written in the form of a “mock letter” to President Abraham Lincoln, he says:

We Colored People have taken a vote and decided that we don’t cotton to that whole emancipation thing. Freedom means having to work for real, think for ourselves, and take consequences along with the rewards. That is just far too much to ask of us Colored People and we demand that it stop!

Had enough? He goes on to say:

Perhaps the most racist point of all in the tea parties is their demand that government ‘stop raising our taxes.’ That is outrageous! How will we Colored People ever get a wide screen TV in every room if non-coloreds get to keep what they earn? Totally racist! The tea party expects coloreds to be productive members of society?

Color of Change is challenging Tea Party leaders to reject Williams’ statements and remove him from his position at the Tea Party Express. Because if Tea Party leaders want to have any credibility on race, they need to start by taking a stand against Mark Williams. Even though some perceive the Tea Party as a fringe movement, the reality is that they are attempting to build political power, and if that is the case, it’s important that they do not embrace the kind of racism that Mark Williams represents. If they choose to do so, then it’s important to make clear to all Americans that they are a home for racism and bigotry.

A few months ago, Tim Wise, a prominent anti-racist activist, wrote a widely circulated article called, “Imagine if the Tea Party Was Black “ which challenged America to take a close look at the hypocrisy of the Right Wing. Rapper Jasiri X molded the piece into a Hip Hop music video of the same name. Its opening lines:

The main principle political voice coming from the Right, right now, is the Tea Party. Even though you have a Tea Party that is very angry, racist-messaged, and armed, often times, they’re portrayed as just being patriotic and just wanting to do what’s best for their country.  And I ask myself the question: what if the Tea Party was black?

The good news is that legislation has been introduced in Congress to combat such forms of bigotry and hate. Yesterday, Congressman John Conyers and Jerrold Nadler introduced the End Racial Profiling Act of 2010 (ERPA) – a critical legislation that will eliminate law enforcement practices of singling out people for heightened scrutiny, based on their race, ethnicity, religion, or national origin. As a product of years of extensive consultation with both the law enforcement and civil rights communities, this legislation represents the most comprehensive federal commitment to healing the rift caused by racial profiling and restoring public confidence in the criminal justice system at-large. As Congressman Conyers said,

The recent passage of Arizona’s new immigration law has crystallized the terms of the profiling debate and demonstrates that the combination of racial discrimination and law enforcement represents a volatile mix across all strata of the minority community.

This was supported by Congressman Nadler.

Racial profiling…simply is not an effective way to identify and apprehend criminals. What’s more, focusing on people exhibiting these immutable characteristics easily distracts and diverts the attention of law enforcement in ways that can prove disastrous to public safety.

Sign a petition to stop racial profiling. In the era of Williams and his Tea Party movement, we must ensure that such racism does not affect the making of our nation’s laws and break down the trust between communities and law enforcement.

Photo courtesy of www.teapartypatriots.org.

This is a crucial moment in time, and to prevent a backslide from democratic progress, the Sites of Conscience are offering unique opportunities for constructive dialogue by developing new public dialogues on community immigration issues at each of the sites through exhibitions, workshops, and public talks.

In Navigating Difference, a new interactive installation and program, the Sites of Conscience are taking this conversation transnational. At New York’s Ellis Island Immigration Museum, Italy’s Mu.MA/Galata Museo del Mare and Belgium’s Le Bois du Cazier, each museum will trace different paths that migrants have journeyed through time, simultaneously inviting visitors to answer a common question “Does immigration benefit my community?”. Through the installation, visitors will learn history, share their opinions, and see responses from both within their communities and from the sites in other countries. Beginning with this simple question, the new program will engage visitors in conversations that can be the first step in ‘navigating differences’ on immigration in Europe and the United States.

Join this incredible journey by become a part of this growing world-wide network and support historic sites inspiring social consciousness and action.

Photo courtesy of ellisisland.org

Placed in Time magazine’s 2009 list of “World’s Most Influential people” for having “global influence across many genres,” M.I.A has now boldly responded to Arizona’s immigration issue by making her Hard Music Festival free for all Mexicans. The major alternative dance pop star said in an interview with Rockerrazzi last week,

Hard Fest – free for Mexican people; everyone who’s crossed the Arizona borders are welcome at my show and I’ll make you a freakin’ passport.

This decision was a spontaneous result of the pop star’s disbelief that SB 1070 (Arizona’s new anti-immigration law) is still a matter of debate.

I just can’t believe it’s still happening, and it’s happening now. I can’t even get past that point; it’s sort of like moving backwards in time.

Watch her interview.

Meanwhile, major artists Public Enemy and DJ Spooky have condemned SB 1070 while reworking their music. Feeling strongly about the ways in which SB 1070 promotes racism, they decided to rework the classic Public Enemy protest song, By the Time I Get to Arizona, originally written to protest the Arizona state government’s 1993 decision not to celebrate Martin Luther King Jr.’s birthday. This time around, the lyrics reflect their discontent at “those who don’t learn from the past” with DJ Spooky seeing it as a “21st century look in the rear view mirror.” Check out the updated version.

Chuck D of Public Enemy and his wife Theresa have also promoted a boycott and condemned SB 1070. Known for his socially and politically conscious style of rapping and for trying to bridge the racial gap between “black and brown”, Chuck D asked for

a call to action urging fellow musicians, artists, athletes, performers, academics and production companies to refuse to work in Arizona until officials not only overturn this bill, but recognize the human rights of immigrants.

Rage Against the Machine’s Sound Strike is Raging Against Arizona by refusing to perform at any venues within the state until they revoke the laws. 200 other bands like Massive Attack, Michael Moore, Kanye West, Sonic Youth, Joe Satriani, Tenacious D and Los Tigres De Norte have joined this boycott and called on their fans to sign a petition demanding an end to the draconian law. “You can’t look at SB 1070 in isolation,” Rage Against the Machine’s Zach de la Rocha said in a video on the Sound Strike website. “It’s part of an entire state’s campaign to humiliate and criminalize an entire population.”

In response, another group, Artists for Action has invited artists to Arizona to perform, educate, and inspire audiences. The group includes Calexico’s Joey Burns and John Convertino and the Sand Rubies’ David Slutes. As Krist Novoselic, a writer for  Seattle Weekly explains,

The Sound Strike boycott is coming from a good place – it’s a reaction to barriers within humanity. But it’s based on borders themselves, in this case those around the state of Arizona… The state border is literally a line in the sand. Who drew those lines, and why are we drawing more with things like boycotts?

To that end, Artists for Action is planning a major concert in Phoenix later this summer. As Burns says,

Whenever there’s an artistic or cultural boycott, it’s important to back that up by showing your presence and doing something. The intent is to go to fans inside of Arizona and inspire them to vote. If people haven’t registered to vote, now is the time to do it.

Major sounds are amplifying the fight against SB 1070.  Let’s hope legislators are listening.

Photo courtesy of bbc.co.uk

“These women, and men and women across this country… remind us that immigrants have always helped to build and defend this country -– and that being an American is not a matter of blood or birth. It’s a matter of faith. It’s a matter of fidelity to the shared values that we all hold so dear. That’s what makes us unique. That’s what makes us strong. Anybody can help us write the next great chapter in our history.”

He also shared that each new generation of immigrants has been met with fear and resentment – the Jewish, Irish, Chinese and more. And for acknowledging these things and reminding the public we thank you.

Obama made it clear that there is an urgent need for immigration reform. Our national fervor moved Obama to make his speech, and offer a platform for a public roundtable of questions.

“He thought this was a good time to talk plainly with the American people about his views on immigration,” spokesman Bill Burton said.

And we again thank the President for shedding light on the problems of the legal immigration system. He said:

“The result is an estimated 11 million undocumented immigrants in the United States. The overwhelming majority of these men and women are simply seeking a better life for themselves and their children. Many settle in low-wage sectors of the economy; they work hard, they save, they stay out of trouble. But because they live in the shadows, they’re vulnerable to unscrupulous businesses who pay them less than the minimum wage or violate worker safety rules… Crimes go unreported as victims and witnesses fear coming forward…”

“The legal immigration system is as broken as the borders. Backlogs and bureaucracy means the process can take years. While an applicant waits for approval, he or she is often forbidden from visiting the United States –- which means even husbands and wives may be forced to spend many years apart. High fees and the need for lawyers may exclude worthy applicants. And while we provide students from around the world visas to get engineering and computer science degrees at our top universities, our laws discourage them from using those skills to start a business or power a new industry right here in the United States…”

With this, we became somewhat empowered, excited by his public denouncing of the system, but we are a still confused by the direction our nation will take. We’re not alone, from Brad Bannon of the US News blog: “I would have liked the President’s speech even more if he had proposed a specific plan… I had hoped the President had learned from the healthcare reform battle that to get Congress to act quickly, he needs to give Congress something specific to chew on…”

We are also disheartened by some of the statements he made. He supports the DREAM Act, which grants qualifying undocumented youth with a 6-year-long conditional path to citizenship upon completion of a college degree or two years of military service. However, Obama added, “We should stop punishing innocent young people for the actions of their parents.” Here, Obama criminalizes and dehumanizes undocumented parents in our communities.

Rigo Padilla, one of dozens of migrant youth whose deportation Brownhouse has prevented, tweeted in response to Obama’s statement. He wrote, “My parents made no mistake.”

The President also used the term “illegal,” with reference to immigrants which is unnecessary and unacceptable.

Although Obama leaves us with concerns from some of his statements and still unanswered questions, he has made some steps toward immigration reform. This major Presidential speech to Congress is a start. We will see how Washington responds. Learn more about immigration reform and read a copy of Obama’s speech.

Photo courtesy of www.presidentspeech.com

Last week we gave you a list of states that are going to great lengths to oppose Arizona’s anti-immigrant legislation and ensure that immigration enforcement remains in the Federal domain. Today, unfortunately, we have very different news. While human rights advocates, musicians, sports people, police officers and media personalities continue to provide us with endless reasons why Arizona’s harsh SB1070 bill needs to be repealed, lawmakers in Minnesota, Pennsylvania and Colorado have already introduced similar bills in their state legislatures. Not to be left behind, similar legislation is being considered in Oklahoma, South Carolina, Idaho, Utah, Missouri, Texas, North Carolina, Georgia, Maryland, and Colorado.

Encouraged by the passage of Arizona’s immigration law, legislators and political candidates in these states are stating their frustration at the Federal government’s inaction in tackling immigration as their reason for introducing bills that increase local immigration enforcement. Pennsylvania state Rep. Daryl Metcalfe, a Republican who introduced legislation modeled on the Arizona law last week said that his bill would leave undocumented immigrants with two options, “leave immediately or go to jail.” He said-

With the federal government currently AWOL in fulfilling its constitutional responsibilities to protect American lives, property and jobs against the clear and present dangers of illegal-alien invaders, state lawmakers … are left with no choice but to take individual action to address this critical economic and national security epidemic.

In Minnesota the copycat legislation, drafted by state Rep. Steve Drazkowski and supported by five other state House Republicans, even has the same name as Arizona’s SB1070- “The Support Our Law Enforcement and Safe Neighborhoods Act”. According to the Minnesota Independent, this bill (HF3830)-

…would create a Minnesota Illegal Immigration Enforcement Team and require immigrants to carry an “alien registration” card. The bill uses the same “reasonable suspicion” protocol that has generated criticism against Arizona’s law.

This bill has been introduced in spite of the fact that the mayors of St. Paul and Minneapolis (the areas in Minnesota with the largest concentration of immigrants) banned government travel to Arizona in protest of SB1070. Moreover, the police chiefs of both these cities have denounced the introduction of the bill in Minnesota, on the grounds that increased enforcement of immigration law by local police is detrimental to them carrying out their jobs of protecting the community-

As the police chiefs for Minnesota’s two largest cities, we oppose HF3830, the Arizona-style legislation recently introduced in the Minnesota House of Representatives that pushes local law enforcement officers to the front line on matters of immigration…We believe that mobilizing local police to serve as primary enforcers of federal immigration laws will throw up barriers of mistrust and cause a chilling effect in immigrant communities, impairing our ability to build partnerships and engage in problem-solving that improves the safety of all members of the community. The culture of fear that this bill will instill in immigrant communities will keep victims of crime and people with information about crime from coming forward, and that will endanger all residents.

It is frightening that state legislators are making their decisions in spite of repeated protests from mayors and police chiefs in Arizona and around the country. All we can do is take momentary solace in Attorney General Eric Holder‘s consideration of filing a Federal Government lawsuit against Arizona’s Sb1070. Speaking on NBC’s “Meet the Press” in Washington D.C. on Sunday, Holder said that  he was worried that enforcement of the law would lead down a “slippery slope” where people would be stopped based on their ethnicity rather than a crime they have committed. He said that the Justice Department was “considering of our options,” and could file the lawsuit either on the grounds that the Arizona law “pre-empted” Federal powers, or on the grounds that it violated Federal civil rights statutes.

According to a committee of human rights experts at the United Nations, the Arizona law not only violates Federal civil rights statutes, but possibly goes against international human rights treaties. Yesterday, a committee expressed serious concerns about the ways in which Arizona’s new law affects minorities, indigenous people and immigrants, potentially subjecting them to discrimination by local authorities. Referring to the clauses in the law that makes it a crime to be in the state without documents, and allows police officers to stop and question a person based on “reasonable suspicion” that they are undocumented, as well as the clause that targets day laborers and makes it a crime for them to solicit work, the UN committee highlighted the probability of the law leading to people being profiled based on their “perceived” ethnic characteristics.

The panel, composed of experts in the field of migrant rights and racial discrimination, critiqued the “vague standards and sweeping” language of the law and raised doubts about the law’s compatibility with International Human Rights treaties, which the United States is a part of. Further, they warned against the law as being allowing for a “dangerous pattern of legislative activity hostile to ethnic minorities.”

The rapidly introduction of bills similar to SB1070 is testament to the fact that this “dangerous pattern” is well on its way. We must ensure that the Federal government and the White House take this as an urgent call to enact comprehensive immigration reform. Write a letter to President Obama telling him to denounce SB1070 and repair the broken immigration system now.

Photo courtesy of flickr.org/dreamactivistorg

When Saturday Night Live’s Weekend Update (at 27 minutes) made fun of Arizona’s new law, it sounds closer to the truth than ever.

This week Arizona signed the toughest illegal immigration law in the country, which would allow the police to demand identification papers from anyone they suspect is in the country illegally. I know there are some people in Arizona worried that Obama is acting like Hitler, but can we all agree that there’s nothing more Nazi than saying, `Show me your papers? There’s never been a WWII movie that didn’t include the line, “Show me your papers”. It’s their catchphrase… So heads up Arizona, that’s fascism. I know, I know, it’s a dry fascism, but it’s still fascism.

Immigration has finally made headline news. Unfortunately it took Arizona to pass a law like SB1070 that effectively mandates racial profiling for the nation to take notice of the mess that the immigration system is in. While mainstream news outlets featured the harsh anti-immigrant bill and its implications on their weekend programming, outraged immigrant rights organizations have upped the ante on mobilizing for comprehensive immigration reform.

As Governor Jan Brewer signed SB1070 into law last Friday, thousands of protesters were gathered outside Arizona’s Capitol building in Phoenix, kneeling in prayer and silent protest against the bill. Even after a week of tireless vigils, rallies, petitions and letters urging Governor Brewer to veto the bill, protesters did not give up, mobilizing large-scale rallies in Arizona and around the country through the weekend. It started with Rep. Raul Grijalva calling for an economic boycott of Arizona as a consequence of SB1070, a move which led to the closure of his Tucson and Yuma offices after receiving threats of violence.

I am asking national organizations across this country, civic, religious, of color, unions, women’s organizations, not to have their conferences and conventions in this state, until we rectify this law.

In a massive rally outside the Arizona State Capitol over the weekend, leaders and civil rights activists addressed thousands of protesters about the necessary steps that must be taken to oppose SB1070 on the grounds that it is a direct affront to the civil rights of the people of Arizona. Rep. Raul Grijalva continued his calls for an economic boycott, calling on the Obama administration to oppose the new law by refusing to cooperate with local law enforcement in Arizona saying -

We’re going to overturn this unjust and racist law, and then we’re going to overturn the power structure that created this unjust, racist law.

Rep. Luis Gutierrez denounced the Obama administration’s inaction on immigration reform and the federal 287(g) program which he held responsible for setting a precedent for Sen. Russell Pearce’s SB1070 law.

Let me just say, every time the federal government said that you can carry out a 287(g) extension, you gave Arizona an excuse to do 1070…Now it is time to say no more excuses, no more enforcement-only actions. It is time to bring about comprehensive immigration reform once and for all.

In New York, Reverend Al Sharpton referred back to the civil rights movement, saying he would organize “freedom walkers” to challenge the Arizona bill.

We will go to Arizona when this bill goes into effect and walk the streets with people who refuse to give identification and force arrest.

President Obama seems to be feeling the pressure, speaking on the pledging his commitment to enlist bipartisan support for reform and seeing its lack as a key reason for the Arizona bill-

Our failure to act responsibly at the federal level will only open the door to irresponsibility by others.  And that includes, for example, the recent efforts in Arizona, which threatened to undermine basic notions of fairness that we cherish as Americans… if we continue to fail to act at a federal level, we will continue to see misguided efforts opening up around the country.

DHS Secretary Janet Napolitano followed suit denouncing the bill on the grounds that-

The Arizona immigration law will likely hinder federal law enforcement from carrying out its priorities of detaining and removing dangerous criminal aliens. With the strong support of state and local law enforcement, I vetoed several similar pieces of legislation as Governor of Arizona because they would have diverted critical law enforcement resources from the most serious threats to public safety and undermined the vital trust between local jurisdictions and the communities they serve.

We can only hope that horrific as it is, the anti-immigrant bill has raised the urgency for immigration reform. This pressure will culminate on May 1st when immigrant rights organizations convene rallies in many parts of the country to drive home the urgent need for just and humane immigration reform.

If you are outraged at SB1070 and its overt violation of human rights, write to Governor Brewer and tell her what you think.

Photo courtesy of Saturday Night Live.

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

Time Code 8:22. Tune in and listen. Because it’s not the first time a hunger strike has hit the Port Isabel Detention Center in Southern Texas.

Within the growing momentum of inspiring actions across the country (culminating in a massive rally in Washington D.C. on March 21st) are a group of 70 detainees at Port Isabel who quietly began a hunger strike two weeks ago to ask for fairness and justice in the immigration system (incidentally the strike was timed on the same day as the National Day of Action Against Sherrif Arpaio.)

Acknowledging a tribute to Martin Luther King Jr. day, they announced their action, demanding a suspension of immigration enforcement until the passage of comprehensive immigration reform.

The broken immigration system does not guarantee impartial hearings to immigrants, violates due process, and continues to terrorize immigrant communities by taking away civil liberties, human rights and exhausting the will of immigrants with psychological torture and deplorable conditions until deportation feels like the only way out of the detention nightmare, regardless of the theoretical probablity of winning their case.

One example – people feel that they are being “experimented on for medication for mental illness, complaining that drugs were given out “like candy” without any mental health evaluation.

The strike is worryingly reminiscent of what took place in April 2009, when detainees at Port Isabel undertook a similar mass hunger strike to protest the frequent use of solitary confinement, extended or prolonged detention, and abuse. This was followed by isolated strikes and protests by other detainees in May and August 2009, all of which fell on deaf ears.

Far from receiving anything by way of a positive response, the authorities have only retaliated with attempts to break up the strike, including isolation and quarantine of hunger strikers and reorganizing people amongst different “pods” in an attempt to break the strike. After Southwest Workers’ Union members were invited to tour the facility to do away with any “misconceptions” they have about the conditions there, they were shocked when not only them but families of detainees as well as press were turned away.

But nothing beats hearing from the voices of those in detention. Listen to this Free Speech Radio report with hunger striker Kelly Maharaj, Congressman Solomon Ortiz and Anayanse Garza at the Southwest Workers’ Union.

Despite the promise of detention reform and the positive changes that we are (hopefully) about to see in the system, actions like these will continue until we see  immigration reform that moves away from an enforcement-only approach to one that celebrates diversity.

Photo courtesy of www.dhs.gov

In October, the restrictionist group Center for Immigration Studies (CIS) released a report singing the praises of the 287(g) program, which arms state and local enforcement with immigration authority. In The 287(g) Program: Protecting Home Towns and Homeland, the authors ignore the evidence and arguments put forward by law enforcement experts – such as the Police Foundation, the Major Cities Chiefs Association, and the International Association of Chiefs of Police – dismissing them as “national advocacy organizations.”

Among the truth-defying assertions made by CIS:

CIS Assertion: 287(g) agreements result in cost savings for localities.

FACT: While Immigration and Customs Enforcement (ICE) covers the cost of training deputized local officers and some detention costs, ICE does not pay for implementation of the program or any lawsuits that may arise due to civil rights violations. Local communities are responsible for the high costs related to the immigration enforcement activities. A report by the Brookings Institute found that Prince William County, Virginia, had to raise property taxes and take from its “rainy day” fund to help fund their 287(g) program. Their local law enforcement of immigration, which cost $6.4 million in its first year, is projected to cost $26 million over five years. They eventually slashed $3.1 million from the budget that was intended to buy video cameras for police cars to protect themselves against allegations of racial profiling. Arizona’s Sheriff Joe Arpaio created a $1.3 million deficit in just three months, much of it due to overtime for immigration enforcement.

CIS Assertion: There have been no documented instances of 287(g) jurisdictions rounding up people on the basis of appearance or ethnicity.

FACT: Multiple credible news sources have reported that Sheriff Joe Arpaio has conducted large-scale operations without any evidence of criminal activity, often in Hispanic neighborhoods or sites where day laborers convene, and has vowed to continue his sweeps, regardless of what ICE says. Arpaio has also created a citizen posse to hunt undocumented immigrants. Beyond Arpaio, a report from North Carolina found that 287(g)’s are being used to “purge towns and cities of ‘unwelcome’ immigrants.”

CIS Assertion: There have been no complaints filed or documented cases of racial profiling.

FACT: Again, Sheriff Arpaio is example #1. Nearly 3,000 lawsuits have been filed against Arpaio, and the Department of Justice is currently investigating accusations of rampant racial profiling and civil rights abuses by his deputies. The Department of Justice is also investigating Arpaio. There have been other mistakes and lawsuits as well. A lawsuit was filed on behalf of a disabled U.S. citizen who was mistakenly identified as a Mexican national and transferred to an ICE detention center and later deported. Another lawsuit has been filed on behalf of Juana Villegas after she was detained and shackled to a bed while giving birth.

CIS Assertion: The chilling effect is a myth. Immigrants are not fearful of cooperating with police and reporting crimes.

FACT: Law enforcement officials and community leaders have stated time and time again that trust with immigrant communities is crucial to preventing and investigating crimes and maintaining safe communities, but when police are viewed as immigration agents, immigrant communities fear cooperating. A North Carolina report found that 287(g)’s have “created a climate of racial profiling and community insecurity” in communities across North Carolina. In 2003, the Tampa Tribune reported that local police believed that some members of the community had information on a murder, but declined to come forward for fear of immigration-related repercussions. Clearwater Police Department’s Hispanic Outreach Officer William Farias said he “wasn’t surprised people were hesitant to talk… cultural differences and fear of deportation often keep undocumented immigrants from coming forward.”

CIS Assertion: 287(g) is a powerful tool for reducing crime.

FACT: While some local politicians have touted 287(g) as a solution to their crime problems, a Justice Strategies report found that 61% of jurisdictions with 287(g)’s had a violent crime index lower than the national average, and 55% witnessed an overall decrease in violent crimes from 2000 to 2006. Furthermore, 61% had a property crime index lower than the national average, and 65% saw an overall decrease in property crimes from 2000 to 2006. The conservative Goldwater Institute published a report documenting the Maricopa County, Arizona 287(g) has failed to protect the community. They found that, though the MCSO budget has increased at four times the rate of the county’s population, violent crimes increased nearly 70%, and homicides increased 166% between 2004 and 2007. Response times to 911 calls have increased, arrest rates have dropped, and thousands of felony warrants have not been served.

Apparently, the fact that 287(g) programs are costing localities millions to implement isn’t relevant to CIS’s myopic report, nor is the fact that crime-solving activities are being compromised or that trust between police and community is being eroded. What is important to CIS, however, is the propagation of the same old restrictionist myths that support a “deport them all” immigration enforcement strategy.

Today, thousands of activists from labor, immigrant advocacy, civil rights groups, and faith-based communities are gathered in Washington D.C. to ask Congress to support immigration reform. It’s no coincidence that today is also the day that Rep. Luis Gutierrez will reveal principles of an immigration reform bill that will form the basis for a new approach to immigration. Calling on President Obama’s promise to address immigration reform, people are showing their support in large numbers. And they need your help.

On a related note, the Basta Dobbs campaign to dismantle Lou Dobbs anti-immigrant rhetoric from CNN, while having a major impact, is looking to intensify it’s efforts. While the National Council of La Raza is calling on you to stand up to the voices of hatred and advocate for reform. Interested?

And finally, our efforts are paying off. Immigration Detention reform is becoming a reality  – although lots more needs to be done to reform a notorious system of of incarceration that is responsible for many deaths and much abuse.

Watch Rep. Jared Polis stand up for detention reform and then support Amnesty’s effort or our effort to protect the human rights of immigrants and even citizens locked up in detention centers across the U.S.

Image courtesy of www.reformimmigrationforamerica.org

When a government decides to deprive someone of their liberty, that government is responsible for ensuring that all of that person’s health care needs are met, including mental health needs.

In a shocking expose, The New York Times has published an article focusing on the plight of immigrants with mental illness who face deportation. Xiu Ping Jiang is an immigrant from China seeking asylum in the U.S.

For a year and a half Ms. Jiang, a waitress with no criminal record and a history of attempted suicide, was locked away in an immigration jail in Florida. Often in solitary confinement, she sank ever deeper into mental illness, relatives say, not eating for days, or vomiting after meals for fear of being poisoned.

Mental illness in U.S. prisons and immigration detention is a growing problem. This problem is especially acute when torture survivors and asylum seekers who arrive in the U.S. already traumatized are then placed in detention ill-equipped to handle their mental health needs.

Given their vulnerability, its easy to see how immigrants with mental disabilities can be denied a fair hearing. One of the major reasons for this is also that immigrants are not entitled a right to a lawyer. Although emerging international standards favor a right to counsel, the U.S. does not agree, and as a result, many immigrants are unable to afford counsel and represent themselves.

Like Ms. Jiang who languished in detention for many months. Other cases have documented U.S. citizens with mental disabilities unlawfully deported.

All of this has prompted a group of 77 mental health experts, civil rights lawyers and immigration advocates to send a letter to Attorney General Eric H. Holder Jr. asking for protections. Many advocates have also pinned their hopes on an upcoming Senate Judiciary Committee hearing on september 15th on ‘Mental Illness in U.S. Prisons and Detention Facilities’.

Ms. Jiang was finally released from detention because the New York Times publicized her case. She is awaiting a final decision. Not everyone is so lucky.

Photo courtesy of www.nytimes.com

That’s why it was with welcome relief that we heard John Morton, Assistant Secretary of Immigration and Customs Enforcement, announce planned reforms in the immigration detention system. The government plans to create a new office that will design a more centralized detention system over the next few years, thereby moving detainees away from private prisons and county jails. It also agreed to stop detaining families at the deeply problematic T. Don Hutto Family Residential Facility in Texas but will continue to detain families at another family detention center in Pennsylvania.

This is a good move forward but clearly it’s not enough.  Breakthrough believes that we must implement cost effective alternatives to detention instead of building newer centers and continuing to hold people indefinitely.  Building more detention centers only serves to reinforce a trend that leads to many due process and human rights violations.

Juana Villegas’s story is a shocking example of what happens when local law enforcement is endowed with the authority to enforce immigration law.

One of the fastest growing programs under this scheme is the 287(g) program. With its growth, we are also seeing an increase in reports highlighting its failures, including an almost complete lack of oversight and as we have seen in Juana’s story, numerous instances of unlawful racial profiling and human rights violations.

On a more important note, the program hinders the ability of law enforcement to accomplish their primary goal – to protect the safety and security of the communities they police. Communities become less safe when crime victims are afraid to cooperate with police, especially victims of violent crimes, because they are afraid of deportation. And we all become at risk when people are afraid of police.

While the Department of Homeland Security has even acknowledged some of its failures, and made some changes, none of this has actually improved the program. This is why a coalition of 500 advocacy groups sent a letter to President Obama last week demanding an end to the 287(g) programs that violate human rights and lead to racial profiling.

Take action now. Send a letter to Secretary Napolitano and stand up for the rights of all people in the United States.

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.