donate in donate in

learn. play. act.

Breakthrough

Get our emails!

A global organization building a culture of human rights. Visit us

Ring the Bell

One million men. One million promises. End violence against women. Visit Now

America 2049

You change America, before it changes you. Play now

Iced

Immigrant teen vs. immigration system: can anyone win? Visit

Bell Bajao

Ring the bell. Bring domestic violence to a halt. Visit

#Im Here

For Immigrant Women Visit

Iamthisland

Immigrant teens on life in America. Visit

Homeland Guantanamos

Go undercover to find the truth about immigrant detention. Visit

RSS RSS

These Lives Matter: “Detainee Not Found”

Port Isabel Detention Center

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

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

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

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

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

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

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

*Names have been changed to protect identity.

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

A Wish for the Holidays- Let’s Keep Families Together

Guestblogger: Chris Harley, National Asian Pacific American Women’s Forum

Do you have a wish for this holiday season? I do. I wish that all families can stay together. That’s why I’m participating in A Wish for the Holidays, a campaign to gather 5,000 letters from kids asking our nation’s leaders to ensure that families stay together.

For me, holidays all boil down to spending time with my large extended family. Honestly, I don’t know how we all crowd into my Gramma’s 2-bedroom, one-story home, but most holidays, we manage to all squeeze in and enjoy a crazy day full of laughter, teasing, eating, and sharing. Like that one Christmas, when an innocent game of White Elephant gift exchanging turned into a chase around the house as my Aunt attempted to reclaim a new movie from her nephew.

In total, there are roughly 60 of us, including grandparents, aunts and uncles, kids, and great-grandkids. We come from all different backgrounds, religions, political views, and walks of life. We’re also a uniquely mixed-race family full of boisterous personalities. And every time we get together, despite all of our differences, I know that we embody the value of what it means to be a family.

This is why it breaks my heart to think of families and children who will spend this holiday season missing those who aren’t there with them. Recently, the We Belong Together effort led a delegation of women leaders to Atlanta, Georgia. Our goal was to listen to the experiences of women and children in Atlanta who have been impacted by Georgia’s new “papers please” law. This law makes it a state crime for an undocumented immigrant to live in the state and allows law enforcement to ask for documentation of anyone they “suspect” of being undocumented. The overarching fear from this, and similar state laws, is the risk of widespread racial profiling and abuse. So we went to Georgia to hear what was happening, and the stories we heard were heartbreaking.

Alicia spoke about her daughter, who suffers from a condition that causes her to have convulsions since she was one years old. Since Alicia doesn’t have a driver’s license, she only risks driving when she must rush her daughter to the hospital. Can you imagine what it means to be a mother whose only thought is to make sure her child is safe, and the most dangerous thing she can do is to risk driving to the hospital because if she were to be stopped by the police, she could be arrested and separated from her child?

Another woman, Claudia told us about the extreme abuse that her husband subjected her and her son to. Once he even chased them around their neighborhood with a knife until a neighbor called the police. Yet, because Claudia doesn’t have the right documents, she was deported and forced to leave her son with his abusive father until she could make her way back into this country and reclaim him. Can you imagine her terror and her son’s fear during that year of separation?

Unfortunately, we now know that those stories are no longer isolated incidents. The recently released “Shattered Families”, report documents just how devastating the impacts of enforcement-only immigration policies have on families. There are now at least 5,000 children in the American foster care system who are being prevented from being reunited with their detained or deported parents and this number is expected to exceed 15,000 in just five (5) years. Moreover, Immigration and Customs Enforcement (ICE) detention obstructs the ability for parents to participate in Child Protective Services’ family unification plans, and can result in detained parents actually losing their parental rights.

Are these the “family values” that we want this country to embody? What happened to caring about the children, who are our future?

We need to tell our country’s leaders that these policies, that tear families apart and leave children alone, isolated, and separated from their parents – who only wanted them to have a brighter future -  that these policies don’t work. That’s why We Belong Together, has launched the “A Wish for the Holidays,”  campaign where we are asking our kids, our future, to tell today’s leaders to keep families together! Our goal is to collect 5,000 letters that can be delivered on Human Rights Day, to elected leaders in DC and remind them that it’s the holidays, and families belong together.

Please help us collect letters from children and youth.  Go to WeBelongTogether.org/wish, pledge to write letters, and then get started using the tools available online.  Remember that letters need to be mailed in by November 30.

Thank you and happy holidays!

 

Temporary bandage or a real step towards reform and reprieve for DREAMers?

In a desperately needed positive move, the Department of Homeland Security (DHS) and the office of Immigration and Customs Enforcement (ICE) announced on August 18 some significant administrative repairs to the country’s broken immigration system. Responding to the tsunami of criticism over their increasingly harsh and unjust immigration policies, including blindly deporting hundreds of thousands of immigrants without due process, the DHS announced a few changes to their policy.

Under the new policy, the DHS and ICE will review and suspend the low-priority deportation cases – around 300,000 of them – that primarily involve younger immigrants and those who are not deemed a threat to public security. This new move especially benefits the DREAMers, who have been fighting tirelessly for their right to remain in the country. The main stipulations of the DHS policy shift, as highlighted by Campus Progress, are the following:

The DHS will create a joint-commission with the Department of Justice (DOJ) to review 300,000 existing deportation cases to identify immigrants that are not high priority cases for removal;

Those that are not high priority individuals for removal —DREAMers, primary caregivers, veterans or relatives of persons in armed services, among others identified in an agency memo (PDF) — will have their cases closed. These individuals should then become eligible to apply for work permits.

This initiative does not provide individuals with an earned path to Legal Permanent Resident (LPR) status or U.S. Citizenship. Work authorization is not guaranteed, either.

These measures have been generally praised by immigration reform activists, DREAMers, organizations and officials that have been fighting for major changes in the immigration system. Representative Luis V. Gutierrez of Illinois, a long time champion for immigration reform – who was also heavily involved in the case with Tony and Janina Wasilewski – reacted positively to the DHS announcement, stating:

This is the Barack Obama I have been waiting for, that Latino and immigrant voters helped put in office to fight for sensible immigration policies.

While the DHS, especially Homeland Security Secretary Janet Napolitano, has been guarded about their own policy shift so as not appear to be making a complete turnaround, immigration reform groups have also reacted with some trepidation. Napolitano, during a press conference after the DHS announcement made it clear that “Nobody’s getting a free pass. Nobody’s getting free admission to citizenship or anything like that under this system. Nobody is getting exempted.” Meanwhile, immigration reform groups have commented on the very small percentage of the approximately 11 million undocumented immigrants that will actually benefit from this policy change.

Furthering this stance, Michelle Fei of the Immigrant Defense Project, wrote an op-ed on behalf of the New York State Working Group Against Deportation (NYSGAD) arguing that immigration reform should include new measures for all undocumented immigrants and not just those deemed innocent or harmless. Pointing to a wider flaw in the current immigration policy of the country, Fei writes:

…we cannot accept that people with criminal convictions should be so easily tossed out of our country. They’ve already paid their price in a criminal justice system that seldomly lives up to its promise of fairness and equality – particularly for those from low-income, of color, and immigrant communities. They don’t deserve a harsh second punishment of permanent exile through a deportation system we all know is patently unjust and broken. And no matter what, they still belong with our families and communities.

Fei’s stance on the extents of the the deportation machinery highlight that much more needs to be done until we have a fair and just immigration system in the country. These moves by the DHS are definitely positive and will bring relief to hundreds of thousands of immigrants – many of them young people with a real chance at a great future – who will get another chance to stay in this country. However, the DHS and President Obama must keep this momentum going and really work towards a positive, lasting and effective overhaul of the immigration system. For more information about this policy, read this fact sheet put together by the National Immigrant Justice Center. Add your voice to the immigration reform movement today. Join Restore Fairness.

Photo courtesy of immigrationimpact.com

The DSK case sheds light on violence against immigrant women and the role of men

From our B-listed blog:

Earlier last week, Nafissatou Diallo, the accuser in the Dominique Strauss-Kahn (DSK) rape case, came forward to share tell her version of what happened in May at the Sofitel Hotel in New York City in a print interview with Newsweek and also on television with ABC News.

On July 29, she gave a press conference sharing more of her story.

We believe strongly in due process and that DSK is indeed innocent until proven guilty. However, the way this story has unfolded thus far and the way Ms. Diallo has been discussed in the media, both before and after she came forward with her account gives us an opportunity to talk about violence against women, especially those who are immigrants to the US.

We are less concerned with trying to prove that Mr. Strauss-Kahn is innocent/guilty or whether Ms. Diallo is honest/not telling the truth. What’s illuminating is the way that the media and our culture have responded to this woman, to her accusation of sexual assault made against a powerful man. Furthermore, let’s pay attention to how those responses changed when details about her identity were revealed. Who is Nafissatou Diallo? She is a 32-year-old immigrant woman from Guinea who sought asylum in the United States, who is raising her 15-year-old daughter, and has been working at the Sofitel Hotel in New York since 2008.

The first batch of reporting on the story portrayed Ms. Diallo as a hardworking immigrant in search of the American dream. Soon enough, that story changed. The majority of aspersions on the legitimacy of the case against Dominique Strauss-Kahn (DSK) are based on attacking the credibility of the woman who has accused him of sexual assault. Some feminists have eloquently brought our attention to the fact that her case against DSK is based on her being seen as a legitimate victim – perfect in all other aspects of her life, unimpeachable in her character. How many people like that do YOU know?

This is a common occurrence in sexual assault cases and a well-documented fact. From a roundtable sponsored by The United States Department of Justice Office on Violence Against Women, The White House Council on Women and Girls, and The White House Advisor on Violence Against Women:

One in six women and one in 33 men will be sexually assaulted during the course of their lifetime. However incidents of sexual violence remain the most underreported crimes in the United States, and survivors who disclose their victimization—whether to law enforcement or to family and friends—often encounter more adversity than support.

So what are the women’s human rights lessons in this story?

For one, it enables us to highlight the rapidly growing issue of sexual assault among immigrant women here in the US. Secondly, we get the chance to assess the ways in which we must change our immigration policies that impact women, like Ms. Diallo, who experience domestic violence in other countries and seek asylum in the United States. It can also serve as a reminder that undocumented women remain more vulnerable to violence and abuse.

Also, we can take this chance to remind everyone how important it is to engage men and boys on the issue of stopping violence against women. Where are the outraged men, who are constantly being dragged into the mud by those who coerce and assault women? Will we hear from male world leaders on the issue of violence against women? Some have spoken out, but many more need to join their ranks.

Ultimately, Ms. Diallo’s willingness to come forward, and share her story should remind us that there are many women who face detention and consequent violence if they come forth about their experiences of violence and assault. The risks are great, especially for those women who are immigrants and/or undocumented. They face potential deportation, losing their children, financial struggles, potential language barriers, and a very convoluted and complicated legal system.

But, as always, there’s something you can DO to make things better!

To counter these challenges you can encourage your elected officials to reauthorize the Violence Against Women Act (VAWA), which will come before congress this year. Among other provisions to protect immigrant women who face lack of eligibility and difficulty accessing services and support. To learn more about VAWA and what’s at stake this year, click here.

To learn about the campaign to pass an International Violence Against Women Act (HR 4594/S 2982) see here. This legislation would make stopping violence against women and girls a priority in American diplomacy and foreign aid. Let your representatives know that you care about stopping violence against women in the US and abroad.

Learn about our Bell Bajao campaign that calls on men and boys to bring domestic violence to a halt.

Photo courtesy of cbsnews.com

President Obama can resolve the nation’s deportation crisis, with the stroke of a pen

Guest blogger: Thanu Yakupitiyage, Media Relations Associate, The New York Immigration Coalition

The stories keep piling up – Jose Antonio Vargas, Pulitzer-Prize winning journalist who made the stunning revelation last week that he is an undocumented immigrant, Elisha L. Dawkins, a veteran of who served in both Iraq and Gauntanamo Bay, Gaby Pacheco , a young DREAMer who came to this country at the age of 7 and was one of four undocumented youth who walked 1,500 miles from Miami, FL to Washington D.C. to advocate for the DREAM Act.

These are only some of the heart-wrenching realities of everyday heroes who are offered no path to legal status in our broken and unfair immigration system. And while hundreds of thousands of people across the country are demanding that their voices be heard and that just solutions be created, Congress is paralyzed by partisan politics. Meanwhile, President Obama, has taken a disastrous enforcement-only approach that has led to the deportation of nearly 800,000 people in the last two years. We are talking 1,100 people a day. Most of these people have no criminal records and are stopped for misdemeanors as little as a traffic violation or jumping a turnstile, or are simply racially profiling for ‘looking like an illegal immigrant’.

The President who had long been an eloquent supporter of immigration reform. For example, on the campaign trail for the 2008 election, he said: “When communities are terrorized by ICE immigration raids, when nursing mothers are torn from their babies, when children come home from school to find their parents missing, when people are detained without access to legal counsel, when all that is happening, the system just isn’t working and we need to change it.”  - 2008 campaign appearance at National Council of La Raza conference

And as President, he has said, “Today, there are an estimated 11 million undocumented immigrants here in the United States…. Regardless of how they came, the overwhelming majority of these folks are just trying to earn a living and provide for their families.” -Excerpts from President Obama’s remarks on immigration, May 10, 2011, in El Paso, TX

And yet, despite these exclamations and promises, his actions reflect an approach with little respect for immigrant communities.

President Obama says he won’t act without Congress, but while Congress remains at a standstill, we know there are steps he can take using his executive authority to bring immigration relief to hardworking immigrants and families.

While the President can’t fix the immigration system alone, he can begin to undo some of the damage his own administration has caused. He can take executive action—with the stroke of a pen — to put an end to the senseless deportations of hard-working immigrants, the very folks he says should be allowed a chance to come out of the shadows.

This is why the New York Immigration Coalition launched the ‘With the Stroke of a Pen’ Campaign in November 2010, an on-going campaign to collect signatures on letters to President Obama asking him to use his executive authority to end unjust deportations. With every letter to be sent to the White House, the campaign is also sending a pen, so that the President can sign an executive action.

These are some of the actions that President Obama has the authority to do:

  • Halt the deportation of students who would be eligible to earn legal status under the DREAM Act and other immigrants currently facing deportation whose removal from the country is not in the public interest.
  • End Secure Communities and similar programs that erode community policing by co-opting local law enforcement officers as immigration agents.
  • Allow immigrants currently in the U.S. to complete the process of becoming legal residents here in the United States; forcing them to go to their home country to obtain the visa for which they are eligible often results in a ten-year bar to re-entry.
  • Expand alternatives to detention nationwide, and requiring detention only after the Department of Homeland Security establishes its necessity;.
  • Focus workplace immigration enforcement on exploitive employers who flout our labor laws and profit from our broken immigration system.

And today, across New York City, from Staten Island to Queens, from Brooklyn to Union Square, on the street and in churches and mosques, volunteers are galvanizing supporters and collecting signatures, in a kick-off to a month-long street and online blitz, demanding that President Obama begin to repair our broken immigration system and provide immediate relief to families.

We invite you to join us in our call to the President: stop the senseless deportations of our community members and be the change you are always talking about, by taking these steps.

Join our campaign and sign the letter now HERE and it will be delivered to the White House on your behalf.


NY and Massachusetts suspend SComm; Alabama passes harsh anti-immigrant bill

In a bold move, New York Governor Andrew Cuomo on June 1 announced that the state will suspend its participation in the “Secure Communities” Program (SComm) until further review. His decisive announcement was a result of the culmination of hard work on the part of New York legislators, advocates and religious leaders to urge the state’s withdrawal from the program

The program, launched in Texas in 2008 with the goal of nationwide deployment of SComm being complete by 2013, has become increasingly controversial. Initially pitched as a voluntary program that would focus on apprehending those who were guilty of serious “crimes,” the program has faced a slew of criticism from local law enforcement, state officials and advocates for its lack of transparency and oversight, its detrimental impact on the safety of communities as a result of the breakdown of trust of local law enforcement, and its failure to fulfill its original goal of targeting those guilty of serious offenses. This costly program threatens to reduce trust between local law enforcement and communities, encourage racial profiling and separate families. For all the above reasons the Department of Homeland Security announced an investigation of the program at the end of last month.

Explaining his decision to pull New York out of SComm, Gov. Cuomo said-

“There are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York…As a result, New York is suspending its participation in the program.”

The move has been welcomed by local officials, law enforcement and advocates, including some members of Congress. Expressing his support for Governor Cuomo’s decision, Congressman Jose E. Serrano said-

Governor Cuomo has taken a brave and necessary step in suspending New York State’s participation in the flawed ‘Secure Communities’ program, and he deserves great praise. He is firmly in line with our state’s pro-immigrant tradition and on behalf of the immigrants and their friends in our community, I would like to thank him. Having New York State pull back from this unfair and aggressive program should be a wake-up call to the Department of Homeland Security. It is time to end this program and I am glad my home state will no longer take part.

New York joins a small but significant group of states that have pulled out of the SComm program recently. Last month, Illinois was the first state to do so, and faced much resistance from the Department of Homeland Security (DHS) for the decision. A few days after New York’s exit from the program, Massachusetts Governor Deval Patrick also announced that his state would not sign on to the Secure Communities initiative. Gov. Patrick, in a statement justifying his decision to pull Massachusetts out of SComm, said-

We run a serious risk of ethnic profiling and frankly fracturing incredibly important relationships in communities that are important for law enforcement…I don’t think that the Obama administration is satisfied that the implementation of this program has been very effective.

In the absence of federal movement on immigration reform, the states are taking matters into their own hands. In the case of Secure Communities, this has resulted in three states with significant immigrant populations withdrawing their support of a program that they think is ineffective and unjust, sending a clear message to the Obama administration and ICE to review the program and take action to ensure accountability and security, as well as justice and due process for all. Inspired by the actions of Illinois, New York and Massachusetts, there are growing calls in other states, such as California, to pull out of Secure Communities as well.

In spite of these positive steps, the need for federal action on immigration reform is evident in cases such as that of Alabama, where a sweeping anti-immigrant bill that, much like Arizona’s infamous SB1070, mandates local law enforcement to stop people based on the “reasonable suspicion” that they are undocumented, enabling the profiling of people based on their appearance. Alabama’s H.B. 56 was passed in the Alabama House and Senate last week and now awaits the signature of Governor Bentley. This bill goes beyond the Arizona law- it mandates that public schools check the status of all students; bars undocumented students from enrolling in public college; makes it a crime to knowingly rent housing to those who don’t have documents etc. If enacted, this bill may well lead to unconstitutional racial profiling and a breakdown of trust between police and the communities they protect. We can only hope that like in the case of Arizona’s SB1070, the values of our Constitution will be upheld, but we wish that such laws could be averted by concrete federal action to repair the broken immigration system.

It is at this time that advocates of fair immigration and the numerous families that have been unfairly affected by SComm and other ICE enforcement  initiatives look to the Obama administration to take swift action. There are steps that his administration can take, without necessary involvement from Congress, to push towards immigration reform:

  • The SComm program should be terminated since it has proven to be highly ineffective. Designed to focus on dangerous criminals, the program has instead been responsible for unjustly deporting a large number of people with no convictions.
  • End partnerships between local police and ICE, and return immigration law firmly to federal control. Local police are usually not trained in the sensitivity of immigration law, which often leads to people being arrested based on racial profiling or for minor offenses and eventually being deported.
  • While President Obama has already reiterated his stance against the harsh anti-immigrant laws being enacted in several states such as Arizona, Georgia and Indiana, his administration can be much more publicly critical of these laws. This would hopefully put pressure on the state legislatures to reconsider before taking such drastic steps.
  • The President can exercise his power to grant relief from deportation to the young people who can qualify for the DREAM Act, calling for “deferred action.”
  • Many undocumented immigrants already qualify for green cards but are hesitant to leave the country (and their immediate relatives who are American citizens) due to the risk of not being allowed back into the country. To ease this, the Obama administration can order the citizenship agency to allow these applicants to stay in the country, and with their families, while they are processed.
  • Finally, the President can also push for immediate reforms to improve the conditions of those in immigration detention, ensuring the safety and dignity of those being processed through the system.

In his May 10 speech on Immigration and Border Security in El Paso, Texas, President Obama showed an awareness for the “broken immigration system” in America-

Today, the immigration system not only tolerates those who break the rules, it punishes the folks who follow the rules.  While applicants wait for approval, for example, they’re often forbidden from visiting the United States.  Even husbands and wives may have to spend years apart.  Parents can’t see their children.  I don’t believe the United States of America should be in the business of separating families.  That’s not right.  That’s not who we are.

We only hope that such sentiments are translated – quickly and effectively – into major policy and legislative shifts that would in fact stop the racial profiling that is masked as immigration law enforcement in its current state. When we deny fairness to some, we put all of our rights at risk. Join us in our commitment to telling stories, inviting conversation, and inspiring action that will help our nation move even further in the right direction. To take action against Secure Communities, contact your state Governor to help your state withdraw from the program.

Photo courtesy of wnyc.org

Momentum is building for immigration reform

Could the conversation about immigration finally be changing?

Following the Obama administration’s determination in February that the Defense of Marriage Act (DOMA) unconstitutionally discriminates against same-sex couples, Attorney General Eric Holder last week requested that the immigration appeals court consider granting legal residency to an Irishman in a civil union with an American man. A Newark judge also suspended the deportation of Henry Velandia of Venezuela– who is married to  American, Josh Vandiver– in order to allow time for the court and the Department of Justice to determine under what circumstances a gay partner might be eligible for residency. These recent steps are a welcome indication that the Obama administration is working toward a fair and just policy towards bi-national same-sex couples.

In 2009, Restore Fairness used the power of documentary to tell the story of one such family, who was facing separation because their domestic partnership wasn’t recognized under DOMA. The video gives a voice to Shirley Tan, who came from the Philippines decades ago and built a life with her partner Jay, giving birth to twin boys and becoming a full-time mother. When we spoke to her, Shirley faced the biggest challenge of her life as she fought to stay on in the United States, crippled by laws that do not allow gay and lesbian couples to sponsor their partners.

Watch the Restore Fairness video of Two Moms Fighting to Stay Together:

In another positive step for immigration, the state of Illinois last week became the first state to entirely opt out of the so-called “Secure Communities,” which requires local police to send fingerprints of all arrestees to federal immigration databases, with immigrants who are found “deportable” being directly pushed into the deeply flawed detention and deportation system. This costly program threatens to reduce trust between local law enforcement and communities, encourage racial profiling and separate families. However, despite Illinois Gov. Quinn’s decisive announcement, and increased resistance from states and police departments across the country, the Department of Homeland Security has said that they will not allow Illinois to withdraw. In another indication that partnerships between ICE and local law enforcement are on the increase, Georgia Governor Nathan Deal signed into law on May 13, an immigration bill that would give local police the authority to question suspects about their immigration status. This law, which is being compared to Arizona’s SB1070, could lead to decreased trust between local police and communities, and increase the occurrence of racial profiling. The law has been met with much criticism already. Jerry Gonzalez, executive director of the Georgia Association of Latino Elected Officials, reacted-

Today is a dark day for Georgia. Our concern stems from the very serious economic repercussions that will be felt against our state on numerous fronts and the very serious civil and human rights abuses that will also likely follow…

This trend of states being given greater control of immigration policies, which is actually a federal issue, signals a threat to the otherwise positive momentum in the immigration movement. Joining the opposition to the “Secure Communities” program 38 lawmakers earlier this week sent a letter to New York Governor Cuomo urging him to terminate Secure Communities in New York State. Religious leaders from many faiths, joined by advocates and community members, yesterday held a vigil outside Governor Cuomo’s Manhattan office, to request him to stop unjust deportations. Speakers at the vigil applauded Illinois for withdrawing from Secure Communities and urged New York to protect New York’s immigrant communities by doing the same. You too can take action against Secure Communities, contact your state Governor to help your state withdraw from the program.

In another update, Senator Durbin (D-IL) and Senator Reid (D-NV) yesterday introduced the DREAM Act in the 112th session of Congress. If passed, it could positively impact the lives of 2.1 million young people in the United States. Despite the regained impetus of the DREAM Act this year, the movement lost the support of its third and final Republican politicians. Senator Dick Lugar (R-IN) abandoned his previous support for the DREAM Act and joins Representative Jeff Flake (R-AZ) and Senator John McCain (R-AZ) who have already denounced their support. Senator Lugar blamed President Obama’s increased politicization of the issue for his withdrawal, even though it seems he has made the decision because of a rising Tea Party challenger in the Primary. However, many feel optimistic about the renewed chances of the bill this year. The DREAM Act’s failure in Congress last December was a huge disappointment, but the movement, supported by President Obama, is only getting stronger. And with your support, we can take this step forward in ensuring that young people who have worked tirelessly to build their lives in America- and contribute to the society- enjoy the rights they deserve.

The passage of the DREAM Act would benefit people like Emilio, a young man who was brought to the U.S. by his parents at the age of six. Speaking about his American identity, the only one he has ever really known, Emilio said-

“I went through elementary, middle, and high school in North Carolina, and it is the only place that I call home.  I graduated from high school in 2010 as one of the top ten students in my class, as an honor student, an AP scholar with hundreds of hours of community service, and I was awarded a full-ride scholarship to my first choice university.  However, unless the broken immigration system is fixed, when I graduate from college in four years I won’t be able to use my college degree.  My dream is to give back to my community.”

Immediately prior to the re-submission of the DREAM Act in Congress came a speech by President Obama to border communities in El Paso, Texas earlier this week. Obama reiterated his commitment to fair and just comprehensive immigration reform. He expressed his support for the DREAM Act, for keeping families together, and for visa reform. While this is not the first time we have heard these commitments, there is no denying the positive momentum that is building toward preventing the injustices caused by a broken immigration system. When we deny fairness to some, we put all of our rights at risk. Join Restore Fairness in our commitment to telling stories, inviting conversation, and inspiring action that will help America move even further in the right direction.

We strongly believe in the power of using culture to change culture. We’re using our new Facebook game, America 2049, to weave human rights issues– especially racial justice and immigration– into each week of game play. As we continue to tell these stories in the hope of changing the conversation, we ask that you play America 2049, and join the dialogue and action that will move us forward.

“With Osama Bin Laden dead, can we have our rights back?” – How the effects of 9/11 could lead to America 2049

On Sunday, May 1, President Obama announced the death of Al Qaida leader Osama bin Laden, the notorious terrorist who spearheaded the 9/11 attacks against the U.S. While the predominant reaction from around the world has been one of relief and joy, bin Laden’s death reminds us of just how big an impact the 9/11 attacks had on us and the way we perceive and treat each other.

While the U.S. was already grappling with the immigration issue, 9/11 triggered a major overhaul of legislation that imposed stringent restrictions on immigration and gave the government much greater power to infringe on the rights of citizens and visitors to this country. The U.S had essentially gone into lock-down mode domestically, and U.S. foreign policy became more aggressive. At the time of the attacks, Barack Obama was an local politician only known in Chicago, and largely unknown to the world. He wrote a short article for his local newspaper, the Hyde Park Herald, in which he reacted to the tragic events of that day and suggested a cautious approach to its repercussions. He stated-

The essence of this tragedy, it seems to me, derives from a fundamental absence of empathy on the part of the attackers: an inability to imagine, or connect with, the humanity and suffering of others. Such a failure of empathy, such numbness to the pain of a child or the desperation of a parent, is not innate; nor, history tells us, is it unique to a particular culture, religion, or ethnicity….

We will have to make sure, despite our rage, that any U.S. military action takes into account the lives of innocent civilians abroad. We will have to be unwavering in opposing bigotry or discrimination directed against neighbors and friends of Middle Eastern descent. Finally, we will have to devote far more attention to the monumental task of raising the hopes of embittered children across the globe—children not just in the Middle East, but also in Africa, Asia, Latin American, Eastern Europe, and within our own shores.

Obama’s emphasis on steering clear of blind rage and discrimination, as a way of blaming certain groups for the attacks, seems prophetic now. Over the last ten years, we have witnessed increasingly stringent immigration enforcement, and a steady dissolution of civil rights and attitudes towards immigrant communities, especially Muslim-Americans and South Asians. This view was echoed by Chris Hedges, a senior journalist and war correspondent who witnessed 9/11 and was plunged into its aftermath. In an address at a fundraising event on Sunday night as news of bin Laden’s death was creeping in, Hedges remembered-

When I was in New York, as some of you were, on 9/11, I was in Times Square when the second plane hit. I walked into The New York Times, I stuffed notebooks in my pocket and walked down the West Side Highway and was at Ground Zero four hours later. I was there when Building 7 collapsed. And I watched as a nation drank deep from that very dark elixir of American nationalism … the flip side of nationalism is always racism, it’s about self-exaltation and the denigration of the other.

The risks and backlash that both Obama and Hedges referenced have materialized over the last decade and placed the U.S. at a crucial crossroads where the decisions we take now will significantly impact the America of the future. In its fifth week, Breakthrough‘s human rights Facebook game America 2049 takes players to their mission in Phoenix, Arizona, which has been in someway the epicenter of the immigration debate.  In Phoenix, players confront heightened debates around severely restricted immigration policies. Players are also confronted with a scenario where ethnic celebrations and festivals have been outlawed for fear that “they promote dissent and unnecessarily emphasize differences between populations.” The game presents players with choices for how to address such a situation in the future, and by referencing historical artifacts, shows how our present could very well lead to the dytopic future that the game depicts. One example of this historical reference is a 1920s songbook – “O! Close the Gates.” (see photo) – that demonized immigrants in popular culture.

In Level 5 of America 2049, players also meet Cynthia Espinoza. Watch her testimonial about the need to preserve America’s multicultural heritage:

America 2049 addresses the rights of immigrants, including forced immigrant workers, in a country that has struggled to reach a rational solution to the “foreign threats” amplified by the attacks of 9/11. The attacks changed the immigration issue in America dramatically, sparking off a wave of new legislation or a tightening of existing ones. In an intriguing article, the Southern California Public Radio (SCPR) outlined five ways in which Osama bin Laden — and the 9/11 attacks he masterminded — altered the immigration landscape in the U.S. These include, perhaps most notoriously, the establishment of the Immigration and Customs Enforcement (ICE), which has been responsible for a growing number of deportations each year, as well as the now-canceled Secure Border Initiative network (SBInet) or the “virtual fence” that was planned for the entire stretch of US-Mexico border. The erosion of basic rights accelerated with the Patriot Act, which considerably expanded the government’s ability to conduct surveillance over Americans.

The calls for comprehensive immigration reform have intensified over the past few years, making it even more pressing to address the rights of immigrants who have no criminal records and are working hard to become part of American society. Another aspect of the immigration debate that is brought up in America 2049 is the degradation of immigrant worker rights and forced migration. While the tragedy of 9/11 caused the government to enforce stricter anti-immigrant legislation, one of the side effects has been the neglect of immigrant worker conditions. In America 2049, players discover an actual account by a Puerto Rican laborer at Camp Bragg, Rafael F. Marchan, who protested against his deplorable working conditions in the early 1900s. Unfortunately, such situations still exist today, as reported by the New York Times about a story of “500 Indian men hired by Signal International of Alabama for rebuilding after Hurricane Katrina were confined in squalid camps, illegally charged for lodging and food, and subject to discrimination and abuse.” The fact that such forced servitude of immigrant workers continues a hundred years on from the example in America 2049 proves that prompt action must be taken to restore basic human rights for everyone.

So while the world celebrates the end of a tyrant, we must remember that more than celebrating a death, we must take this opportunity to work towards lasting peace and respect for basic rights for everyone, regardless of race, ethnicity, religion or background. Osama bin Laden caused much havoc around the world and claimed countless innocent lives, but letting his actions be used as a reason for the dissolution of respect and rights for hard working, innocent people can simply not be justified. As a statement that circulated virally soon after bin Laden’s death was announced said- “If Osama Bin Laden is dead, can we have our rights back?” Ten years on, let’s make that our main goal.

Photo courtesy of Norton, et. al., A People and a Nation (5th ed., 1998)

Dept. of Homeland Security ends biased and ineffective immigrant registration & tracking system

On April 27, the Department of Homeland Security (DHS) made a long overdue announcement indefinitely suspending the National Security Entry-Exit Registration System (NSEERS), a framework that has been fraught with controversy and inefficiency since it was launched in the wake of 9/11. Several advocacy organizations have welcomed the move but have also called for the DHS to repair the damage that NSEERS has done over the years.

Over the past six years, the NSEERS required individuals from primarily Arab countries to register with the government on arrival and departure from the United States. These countries included Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Individuals who fell under the critera were required to undergo around 30 minutes of additional inspection at a port of entry if  entering the U.S on nonimmigrant visas. Visitors had to register again when exiting the country. The Immigration and Customs Enforcement (ICE) justified the existence of the system stating that it was implemented “to keep track of those entering and leaving our country in order to safeguard U.S. citizens and America’s borders.”

The DHS and ICE have been criticized for their overt racial profiling of Arab visitors or those who appear Arab in an effort to preserve national security. The almost exclusive focus on visitors from the Arab countries showed that an institutional typecast was established, a move that received much flak from advocacy groups. The NSEERS impacted a lot of innocent people . In 2003, Abdulameer Yousef Habeeb, a refugee from Iraq was traveling on an Amtrak train from Seattle to Washington, DC to start a new job at an Arabic-language newspaper. While the train had stopped for a 30-minute break in Havre, Montana, Habeeb was singled out by two border patrol agents and then subsequently interrogated, arrested, imprisoned and set up for deportation back to Iraq. This was all because Habeeb hadn’t registered with the NSEERS even though his status didn’t require him to do so. In March 2005, the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of Habeeb, seeking compensation and damages for his losses and suffering as a result of the erroneous arrest and imprisonment. Finally, in June 2007, the U.S. government apologized to Habeeb for their misconduct and offered compensation. The message from U.S. Attorney Jeffrey Sullivan for the Western District of Washington giving Habeeb a formal statement said-

The United States of America acknowledges that, by not registering under NSEERS, you did nothing wrong. The United States of America regrets the mistake.

In what seems like an extension of their acceptance that Habeeb “did nothing wrong,” the DHS is now saying the same thing with regard to the entire community their NSEERS program had targeted. In their official announcement, the DHS gave the following reason for the cessation of NSEERS-

Over the past six years, the Department of Homeland Security (DHS) has implemented several new automated systems that capture arrival and exit information on nonimmigrant travelers to the United States, and DHS has determined that recapturing this data manually when a nonimmigrant is seeking admission to the United States is redundant and no longer provides any increase in security. DHS, therefore, has determined that it is no longer necessary to subject nationals from these countries to special registration procedures.

Cases such as Habeeb’s indicate that the NSEERS mistreated several nonimmigrant visitors to the U.S. from Arab countries. Therefore, while the suspension of the NSEERS is a much welcomed move, we must also not forget the damage to people and families that was caused by the program’s implementation over nine years. The mistrust of Arabs in the immediate aftermath of 9/11 branched out into the profiling of other ethnic communities such as Sikhs and other South Asian groups as well as the wider community of Muslims in America. The recent congressional hearings lead by Peter King on the “radicalization of Islam” are another testament to this deep mistrust and societal damage. Several advocacy groups such as the American-Arab Anti-Discrimination Committee (ADC), and South Asian Americans Leading Together (SAALT), along with the Arab American Institute (AAI), the National Immigration Forum (NIF) and the Rights Working Group (RWG), have praised the end of NSEERS, jointly stating-

The NSEERS program was a counter-productive response in the wake of September 11, 2001…One controversial aspect of the NSEERS program was a “domestic call-in” component that solicited registrations from more than 80,000 males who were inside the United States on temporary visas from predominantly Arab, South Asian, or Muslim-majority countries. The specific parameters of NSEERS revealed it to be a system that was a clear example of profiling: discriminatory, arbitrary, and, as DHS itself has stated, an ineffective national security measure…It is critical that DHS view this rule as a starting point for granting relief retroactively for those affected by NSEERS. Ultimately, these groups believe that NSEERS must be repealed in its entirety.

The steady erosion of basic human rights after the tragedy of 9/11 has affected numerous Americans and visitors to this country. In our current state of paranoia, we as a country have singled out and alienated specific groups, and programs such as NSEERS have added to this damage to the social and cultural fabric of our country. The suspension of the program is definitely a positive step by the DHS, which should be furthered by the full elimination of the program and a reform of the DHS policies and functioning to become unbiased and effective. The unfortunate cases of racial profiling, such as that of Habeeb, should not be repeated. As we approach the 10th anniversary of the 9/11 tragedy, we must strive towards an America that cherishes its diversity and doesn’t needlessly suspect those who are different. The time is right for us to re-embrace one of our greatest strengths as a nation – our diversity.

Photo courtesy of dhs.gov

Tax day, Passover week: labor, migration & justice, now…and in 2049

On this year’s Tax Day that has just passed, several organizations including the Service Employees International Union (SEIU), MoveOn, Daily Kos and the American Federation of State, County and Municipal Employees (AFSCME) joined forces for ‘Tax Day: Make Them Pay.’ The groups organized peaceful protests around the country outside the offices of big corporations and millionaires that have evaded paying taxes for last year, mostly due to government-mandated tax breaks. According to the site, “In 2009, after helping crash the American economy, Bank of America paid $0 in taxes. GE had a tax bill of $0 in 2010. Republicans want to give a $50 billion tax bailout to big oil companies…” These protests came at the heels of news that corporations such as General Electric paid no federal taxes in 2010, something that has infuriated the millions of workers around the country who work hard and are expected to dutifully pay their taxes on time.

The tax break issue is the latest in a series of developments that have recently charged the country’s politics around the issues of immigration and labor rights, with them coming together in the case of migrant workers. Last month, the country witnessed a major standoff in the Wisconsin state government between Governor Scott Walker (and his Republican-led state assembly) and thousands of labor groups and workers in the state as the Governor pledged to enact a bill to severely curtail collective bargaining. After three weeks of fierce debates, Gov. Walker managed to push the bill through. The Ohio state assembly soon followed suit, with other states such as Tennessee and Iowa heading in a similar direction. This steady erosion of worker rights presents an increasing risk not just to the economy of this country but also to its social fabric. It also echoes a past where worker rights were often ignored, especially in the case of immigrant workers.

Last month, several labor groups and organizations marked the centennial anniversary of an incident that highlights the lack of protection of workers – the infamous Triangle Shirtwaist Fire of March 28, 1911, in which 146 mostly immigrant workers died. To mark the centenary of the tragedy, many labor rights groups amplified their push for pro-labor rights legislation to challenge the spate of anti-union labor bills that were passed recently. The 1911 tragedy brings to light the plight of immigrant workers and the exploitation that still continues today. At a rally commemorating the tragedy, one union member, Walfre Merida, described the similarities between the condition of migrant workers today and those that perished in the fire a hundred years ago. Merida stated-

I see that a hundred years since this terrible accident that killed so many people, things have really not changed at all…Safety conditions, none. Grab your tool and go to work, no more. And do not stop. When we worked in high places, on roofs, we never used harnesses, one became accustomed to the dangers and thanked God we weren’t afraid of heights. One would risk his life out of necessity.

As stories of worker rights violations continue to proliferate, we must take heed from our past mistakes in order to avoid a degradation of these conditions in the future. This week – just as Jews around the world gather at the Passover table to recount their liberation from migrant slave labor in Egypt – Breakthrough’s Facebook game, America 2049, immerses players into discussions around labor rights, especially with regards to the rights of immigrant workers. The game utilizes several events and artifacts from the past to highlight the continued struggles of migrant workers in the United States. In the game’s world in which everyone has an embedded chip to mark their identity, players are given the mission to investigate a counterfeiting ring that helps indentured workers – primarily immigrants, though also citizens who have succumbed to crushing credit debt – to escape their unjust contracts and inhumane living conditions, and begin new lives. The game references the Triangle Shirtwaist Fire as a lesson from the past about the respect and rightful treatment of workers. It also suggests a future that is even bleaker because we as a country have failed to recognize the importance of immigrant workers and worker rights to the success of the country as a whole.

Watch a testimonial by a character in the game, Ziyad Youssef, a Syrian man who was lured into a job with promises of good pay and easy hours, but found himself in slavery-like conditions, unable to look after his sick daughter or provide basic amenities to his family:

The United States is currently grappling with an issue that will inevitably affect our national economy and social conditions in the years to come. The denial of legitimacy and basic rights to immigrant workers will only hamper the nation’s growth on the world stage. In a special report on global migration published in 2008, The Economist argued for the widespread acceptance of migrant workers by the richer countries that so desperately need them. Speaking about the United States, the report stated-

Around a third of the Americans who won Nobel prizes in physics in the past seven years were born abroad. About 40% of science and engineering PhDs working in America are immigrants. Around a third of Silicon Valley companies were started by Indians and Chinese. The low-skilled are needed too, especially in farming, services and care for children and the elderly. It is no coincidence that countries that welcome immigrants—such as Sweden, Ireland, America and Britain—have better economic records than those that shun them…Americans object to the presence of around 12m illegal migrant workers in a country with high rates of legal migration. But given the American economy’s reliance on them, it is not just futile but also foolish to build taller fences to keep them out.

Players in America 2049 will discover valuable artifacts from our country’s past that highlight an ongoing struggle for worker rights and have the agency to join the discussion and save the country’s future from the dystopic scenario the game depicts. One of the artifacts in the game is a poem titled ‘A Song for Many Movements,’ written in 1982 by Audre Lord, a black feminist lesbian poet. The poem articulates the connection between suffering and speaking out against injustices, which is what the workers rights protests around the country have been doing and which we must keep advocating until real change is made-

Broken down gods survive
in the crevasses and mudpots
of every beleaguered city
where it is obvious
there are too many bodies
to cart to the ovens
or gallows
and our uses have become
more important than our silence
after the fall
too many empty cases
of blood to bury or burn
there will be no body left
to listen
and our labor
has become more important
than our silence.

Our labor has become
more important
than our silence.

Photo courtesy of seiu.org