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Government abdicating responsibility on deaths in detention

No one doubts the immigration system is broken. But with the dilly dallying that seems to have enveloped any immigration reform legislation, families continue to be broken up and lives continue to be lost in the vast immigration detention and deportation network.

At a cost of $1.7 billion a year, the immigration detention system is a vast network of federally run detention centers and about 300 state and county jails that detain 32,000 detainees every night or 370,000 in the year. Many of these facilities are privately run. The New York Times ran a shocking expose of desperate attempts by immigration officials to conceal the death and mistreatment of immigrants. But the real icing on the cake came yesterday.

When the Obama administration vowed to overhaul immigration detention last year, its promise of more humane treatment and accountability was spurred in part by the harrowing treatment of two detainees who died in the Bush years….But on Wednesday, the administration argued in federal court that the government had no liability for neglect or abuse by private contractors running the Donald W. Wyatt Detention Facility in Central Falls, R.I.

It’s a shocking way to cast off blame and responsibility. Both Hiu Lui Ng (34) and and Francisco Castaneda (36) were treated awfully in detention, denied treatment for cancer even when in agonizing pain. Advocates have consistently asked for legally binding standards for detention facilities as well as community based alternatives to detention. Many promises have been put forth to reform the system but ground realities seem to tell a different story. And  now the administration is trying to abdicate its responsibility to those whom it detains.

Detention reform remains an essential part of any larger immigration reform. With increasing pressure from the community, the LA Times reported,

Despite steep odds, the White House has discussed prospects for reviving a major overhaul of the nation’s immigration laws, a commitment that President Obama has postponed once already. Obama took up the issue privately with his staff Monday in a bid to advance a bill through Congress before lawmakers become too distracted by approaching midterm elections.

Public pressure is strong for reform. Editorials in the the Washington Post and the New York Times have angrily accused President Obama and Congress of not fulfilling their responsibilities. It seems an ever growing cycle – with no one wanting to take blame and responsibility, just like the “it’s not my problem” attitude towards detention. But the outcome of this is a loss of lives, broken communities and ever growing despair with unkept promises.

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

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

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

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

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

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

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

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

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

Photo courtesy of fairimmigration.files.wordpress.com

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

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

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

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

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

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

Where: National Mall, Washington D.C.

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

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

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

Photo courtesy of reformimmigrationforamerica.org

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

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

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

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

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

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

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

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

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

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

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

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

Photo courtesy of www.nytimes.com

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

Is the Tea Party’s racist rhetoric going to save broken families?

While it is difficult to find much coherence within the fractured and fast-changing Tea Party Movement, a look at their convention in Nashville last week shows that the issue of immigration seems to have gained greater popularity, emerging largely from the links made between immigration and the healthcare debate at their town hall meetings held last summer. Spearheading this issue for the Tea party agenda was Tom Tancredo, a former Colorado Congressman who kicked off the Nashville Tea Party Convention with a slew of racist comments meant to further the argument against immigration reform.

And then because we don’t have a civics literacy test to vote, people who couldn’t even spell vote, or say it in English, put a committed socialist ideologue in the White House named Barack Hussein Obama.

The Nashville Convention sought to unite the movement against the path to legalization. Tancredo’s opening speech included the argument that while Obama’s plans for immigration reform needed to be halted, it was a good thing that McCain had not been elected or he would already have ensured that Rep. Gutierrez’s bill for immigration reform was passed and “amnesty” given to the country’s undocumented immigrants. He incited the audience to protect the country’s culture saying “our culture is based on Judeo-Christian values whether people like it or not!”

While some, such as a Tea Party blogger Keli Carender said that immigration was not a part of the official agenda, Tancredo’s opening remarks, the prominent presence of the anti-immigrant group NumbersUSA, as well as a number of signs against “amnesty” from their individual supporters at the convention indicated that immigration issues could become a prominent feature on the movement’s agenda.

So what would Tom Tancredo have to say about the latest report by the Urban Institute that holds that immigration enforcement has a large-scale, detrimental effect on children? The truth is that the immigration system is in dire need of reform and racist rhetoric is not going to solve the complex problems caused as a result of a broken immigration system.

The report is based on research conducted amongst over 100 children of undocumented immigrants that were targeted by raids and arrests by Immigration and Customs Enforcement (ICE) in six U.S. states. Of the 190 children interviewed for this study, two-thirds were U.S. born citizens. The study says,

Children whose parents were detained for longer than a month experienced more changes in eating, sleeping, frequent crying, fear, anxiety, regression, clinginess, and aggressive behavior.  68% of parents or caretakers questioned said they noticed at least three behavioral changes in the short-term, or three months after a parent was arrested. In the long-term, or nine months after an arrest, 56 percent of children ages 6 to 11 and 12 to 17 showed angry or aggressive behavior. The most typical changes were an increase or decrease in eating among all age groups.

Long-term separation of children from their parents is “exceptionally harmful” to the development and growth of children. The report recommends immigration reform must include alternatives to detention such as electronic monitoring and supervised released, as well as a priority quota for immigrants with children to be considered for legal residency.

It’s groups like Tancredo’s that have gone on about the connections between immigrants and crime. An ACLU brief finds that the increasing criminalization of undocumented immigrants has led to a diversion of attention and resources away from more serious criminal offenses such as organized crime, gun trafficking and white collar crimes. For starters unlawful presence in the United States is NOT a “crime”. And secondly only the Federal Government can regulate immigration. So when states and localities use criminal laws to go after undocumented immigrants, they are not only adding to the misinformed rhetoric around “criminal” immigrants but actually diverting resources from where they should be applied. Moreover, studies have shown that increased immigration does not lead to increased crime and that immigrants are less likely to be incarcerated for violating criminal laws than non-immigrants.

Once again, we urge the leaders and citizens of this country to step away from their petty vendettas and take a look at the bigger picture, both in terms of what already exists and in terms of what would be best for all.

Photo courtesy of RaceWire.org

Posted by ishita on February 8th, 2010 in 287G, Blog, Deportation, Enforcement, Family, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , , | No Comments »

Hunger strike at immigration detention center still going strong at 2 weeks

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

Posted by ishita on February 4th, 2010 in Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , , , , , | No Comments »

Head of ICE John Morton speaks of promised changes for immigration detention

Guest Blogger: Maurice Belanger from National Immigration Forum reposted from ImmPolitic Blog

On January 25, John Morton, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement (ICE), gave a speech at an event hosted by the Migration Policy Institute.

The bulk of his remarks were devoted to reform of the immigration detention system.  Morton reiterated that detention reform is a personal priority for him, and that ICE will engage in a sustained effort to transform the immigration detention system, an effort that will extend beyond his tenure.  This effort was first announced in August 2009, and re-announced in October 2009.  These announcements included fact sheets and media events laying out many of the reforms that Morton repeated this week.  Given the enormous scale of this announced reform, and the lengthy timeline required, we will be monitoring and periodically reporting about progress here.

He noted that ICE currently detains as many as 32,000 people a day in a vast network of more than 300 mostly penal facilities that are for the most part county, state, federal, and private prisons that ICE contracts with.

That is the crux of the problem.

Some of the individuals ICE detains have been convicted of crimes, and the penal system is designed to incarcerate those in the criminal justice system.  However, the vast majority of those ICE has detained are being held for violations of immigration laws.  They are people who came here to work and have done so without authorization.  If they can’t show they have an avenue to stay here legally, they are being detained only until they can be removed—not because they have done anything more serious than work without permission.

What ICE needs, then, is to design a system that is appropriate to hold such people for a short period of time until their immigration cases are adjudicated and they are removed (or are found to be eligible for release).

Morton’s vision is to have a smaller network of facilities designed to hold suspected immigration violators, with appropriate medical care and transparent standards that are fully implemented.  These facilities will be managed by federal personnel.  That’s the long-range plan.  It is a long way to there from where ICE is now.

Morton did give a preview of changes to expect in the coming months.

The agency will soon have 50 new employees to monitor detention facilities.  (These same 50 positions were announced in October, but apparently have not yet been filled.)  An overdependence on contractors and a lack of federal employees to monitor them were blamed by Morton for leading to some of the problems that have caused the detention system to come under public and Congressional scrutiny in recent months.  Morton said his long-term goal is to have a federal monitor in each facility used by ICE.

By this summer, there will be an on-line detainee locator system, so the family members and representatives of detainees can figure out where they are being held.

ICE is developing a classification system so that when someone enters the system there will be an assessment to determine their danger to the community, flight risk, and medical status.  Everyone with a medical issue will have a case manager assigned to them to ensure they receive appropriate medical care.  What Morton didn’t say is whether this classification system will result in a greater identification of those who qualify for release or enrollment in an alternatives to detention program.

The agency is now in discussion with contractors about designing a facility model that will be appropriate for the population ICE detains.

Morton also noted that ICE is working with groups to revise its detention standards, but implementation of new standards will take time.  The problem with the current standards, he noted, is that they came out of the penal world, and they are not appropriate for the kind of civil system that he wants ICE to move toward.  Reading between the lines, it will be difficult to fully implement the kind of detention standards advocates want as long as immigration violators are being held in prisons.

For many persons who are now routinely detained, ICE is exploring alternatives to detention.  ICE will soon begin a pilot project with the Department of Justice’s Executive Office for Immigration Review (EOIR, the immigration judges).  This initiative was promised by January 2010 in the October detention reform announcement.  He noted that widespread implementation of alternatives to detention (Morton said the agency has 16,000 or 17,000 slots funded) will require more resources for EOIR; the backlog of cases for immigrants in proceedings who are not detained (and thus have a lower priority for the immigration courts) is very long.  The agency is about to submit a report to Congress on alternatives to detention.  (Morton and Secretary Napolitano previously pledged to submit this report to Congress by Fall 2009.)

The Administration’s budget, to be released on February 1st, should contain more clues as to what we can expect in the near term regarding the effort to reform the detention system.  All of this will take resources, but the reforms ICE has begun to tackle are long overdue and deserve to be funded.  Given that more than 100 people have died in immigration detention since 2003, these reforms could quite literally be lifesaving.

You can view a video of the program with Assistant Secretary Morton on the Web site of C-Span.

Photo courtesy of www.ice.gov.

Posted by guest on February 1st, 2010 in Blog, Detention, Due Process, Immigration | Tags: , , , , , , , , , | 1 Comment »

Immigration detention reforms urgently needed in light of “all hell breaking loose” at Varick facility in New York

Picture 1Immigration detention is once again revealing fatal flaws, reaffirming the need to not only superficially reform the system as has been promised by the Obama administration, but completely overhaul it by reducing reliance on a penal system of punishment. As a New York Times opinion piece stated,

Americans have long known that the government has been running secretive immigration prisons into which detainees have frequently disappeared…..what we did not know, until a recent article in The Times by Nina Bernstein, was how strenuously the government has tried to cover up those failings.

Yesterday, reports came in of an ongoing hunger strike at Varick Federal Detention Facility in downtown New York, counteracted by immigration agents in riot gear who used pepper sprays and beat detainees.

A Jamaican detainee in one dorm said “all hell broke loose” after about 100 inmates refused to go to the mess hall on Tuesday morning and gave guards a flier declaring they were on a hunger strike to protest detention policies and practices. The detainee, who asked that his name not be published for fear of retaliation, said a SWAT team used pepper spray and “beat up” some detainees, took many to segregation cells as punishment and transferred about 17 to immigration jails in other states.

A detention center that sees 11,000 undocumented immigrants, asylum seekers, and legal permanent residents with convictions pass through every year, Varick has been in the news recently as Immigration and Customs Enforcement (ICE) announced they will be shutting it down and transferring detainees to a county jail in Hudson County, Jersey. An ICE press release stated,

As part of its major overhaul of the detention system, ICE will suspend operations at the Varick Facility….a commitment to prioritizing health, safety, and uniformity among facilites.

No doubt Varick has had its share of problems. A petition sent by a 100 men from Varick talking of constant transfers to remote locations and lack of access to lawyers spurred an investigation by the New York City Bar Association which eventually led them to start a volunteer lawyers program for the facility. But many advocates and detainees alike feel that ICE has decided to shift responsibilities to other facilities rather than fix conditions at Varick, especially given the focus on misconduct in the facility in recent times. Many are worried that closing Varick would negatively impact detainees’ due process rights, including lack of access to both attorneys and families in Hudson because of the long distance from New York City and issues around visitation hours. Still others feel that the move comes to avoid all of those protests that have been happening outside of Varick lately. Activists have been protesting the deportation of Jean Montrevil, housed in Varick, that has led to traffic stops and multiple arrests outside the center. The New York Times reports,

Nancy Morawetz, a professor at the New York University School of Law and director of its Immigrant Rights Clinic, said, “There is probably no detainee at Varick Street who, despite the problems at Varick, wouldn’t prefer to be at Varick. This is really just moving away the problems where they’re not going to be seen.”

Senator Charles Schumer has written a letter urging that Varick stay open.

“They didn’t have a concept of New York — most people New York don’t have cars, whether they be lawyers or immigrant families, ” he said, noting that the agency had not consulted with him or any immigrant groups.

ICE has countered that at Hudson, detainees will have access to outdoor recreation space. But the jail is just a step up from Varick and is required to to treat immigration detainees the same as its criminal inmates, even though they have committed no crime.

The general mess around Varick is showing not only the challenges around reforming the detention system, but also the crucial need for legally enforceable standards for immigration detention, so that agencies can be held accountable, and the need for humane alternatives to immigration detention that ensures moving away from a reliance on a penal, punishment oriented system, neither of which are being addressed by the reforms. Take action now.

Photo courtesy of ICE.

Posted by madhuri on January 21st, 2010 in Blog, Detention, Due Process, Enforcement, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , | 1 Comment »

Take action to protect Haitians in the U.S. who have no place to safely return

-1On January 12th, 2010, the already impoverished Haitian capital, Port-au-Prince, was hit by an earthquake that measured 7.0 on the Richter scale. Frighteningly, that is all that is quantifiable about the disaster at the moment, with thousands trapped under rubble and the scale of destruction to lives and infrastructure yet unknown.

So how much more devastation does the nation of Haiti need to go through before the U.S. administration is convinced that the country is not equipped to cope with the thousands of Haitians who are currently facing deportation back to Haiti?

Between August and September of 2008 Haiti was hit with four tropical cyclones (Fay, Gustav, Hanna and Ike) which killed 800 people, displaced many thousands, and destroyed the economy of the country. Directly following those disasters the Bush administration faced pressure to grant Temporary Protected Status (TPS) to Haitians living in the U.S., a temporary amnesty, given in 18-month increments to immigrants stranded in the U.S.

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately…Ongoing armed conflict (such as civil war); An environmental disaster (such as earthquake or hurricane); Other extraordinary and temporary conditions.

But not only did the Bush administration fail to include Haiti within the nations whose citizens are granted TPS (namely Sudan, Somalia, El Salvador, Honduras and Nicaragua), but soon after the Obama administration called for the deportation of 30,000 Haitians that President Bush had ordered. Unable to copy with the influx of so many deportees, the Haitian government ceased issuing travel documents for them, resulting in hundreds of deportees being held in detention centers even after they were flown back to Haiti.

At the time in March 2009, many  expressed outrage at the administration’s treatment of Haitian immigrants and demanded TPS for Haitians in the U.S. based on the horrific “conditions on the ground” in Haiti,

Gonaives, Haiti’s third largest city, is uninhabitable; most of the nation’s livestock, food crops, farm tools and seeds destroyed; irrigation systems demolished; collapsed buildings throughout the country; 800,000 people left homeless and more than 800 dead. USAID estimates that 2.3 million Haitians now face “food insecurity,” reeling from prices 40 percent higher than in January.

One year and another natural disaster later, the pressure to grant TPS to undocumented Haitians in the U.S. has reached its peak. On Wednesday, three Republican Member of Congress, Reps. Lincoln Diaz-Balart and Mario Diaz-Balart, and Rep. Ileana Ros-Lehtinen wrote a joint letter to President Obama calling for immediate granting of TPS to Haitian nationals. Democrat Alcee Hastings added his name to the appeal, stating it was “not only immoral, but irresponsible” to not allow Haitians to remain in the U.S. Additionally, New York Sen. Kirsten Gillibrand addressed a letter to the President saying,

Now is certainly not the time to deport Haitians into an overly burdened country…Haiti clearly meets the criteria for TPS designation and extending it would be one way to help address this catastrophe, as well as alleviate additional burdens on American assistance workers.

Yesterday, Department of Homeland Security Secretary Janet Napolitano temporarily halted deportations to Haiti, and today Secretary of State Hillary Clinton indicated they may be moving towards TPS for Haitians. As it stands, those Haitians already in detention, such as Haitian activist Jean Montrevil, will continue to remain detained.

In their appeal to Obama, a number of immigrant advocacy organizations such as National Immigration Forum expressed their relief at the U.S. government’s support for Haiti but asked for more long term revisions of the immigration policy,

We find some consolation that the Administration is acting quickly to mobilize relief efforts to Haiti. We support the latest Immigration and Customs Enforcement announcement that it is halting all deportations of Haitian immigrants for the time being, in light of the devastation caused by yesterday’s earthquake…These are the right immediate initial responses. But as part of its long term relief effort, the Administration must grant Temporary Protected Status (TPS) to Haitian immigrants who are now in the U.S.

Granting Haitian nationals TPS would release those in detention centers, unite them with their families, allow them to live and work legally in the U.S., and contribute to the economy in the U.S. and recovery of Haiti. It would also help undocumented Haitians across the U.S. Overall it would impact 125,000 Haitians.

When President Obama said, “You will have a friend and partner in the people of the United States today, and going forward,” we certainly hope that support extends itself to aiding those Haitians who are here.

We urge you to sign a petition, sign a letter to Obama and join a facebook group in support of TPS. And if you are looking for a reliable way to contribute to the earthquake, donate here.

Posted by ishita on January 15th, 2010 in Blog, Deportation, Detention, Enforcement, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments »

Obama, pay attention to immigration reform as day 14 of immigration fast leads 3 fasters to ER

At a packed church in New York city on a cold wintry afternoon, hundreds of supporters shouted Si Se Puede! Yes we can! as New York’s immigrant communities, labor unions, faith leaders, business owners, elected officials and allies came together in solidarity with hundreds of groups across the country, renewing the call for 2010 to be THE YEAR to achieve just and humane immigration reform.

The rally comes together as actions across the country, from fasts to walks to civil disobedience acts, create mounting pressure for human rights and justice in the immigration system.

Fast for Our Families (Homestead, FL)

Since New Year’s Day, half a dozen immigrant rights activists, community leaders and affected family members have initiated an indefinite fast, vowing to take only liquids, until President Obama and the Administration agree to suspend the deportation of immigrants with American families until Congress acts to fix the broken immigration system. Today, on day 14, three fasters have been rushed to the emergency room after experiencing serious health concerns. Here’s an excerpt from their blog,

The doctor is here. Three fasters are going to the hospital. Francisco may have had a heart attack – the after symptoms point that way. He needs tests. He quietly asked me if he could come back to the fast after they do the tests. “I won’t let them give me food and I can come back, right?” It broke my heart.

Jonathan says he feels fine but the doctor insists that he go to the hospital as well. He has shortness of breath and an issue with his electrolytes that could point to something more serious. He’s determined to come back.

The doctor is recommending that Jenny and Ana go to the hospital as well. Jenny’s pulse and blood pressure are very low. Ana’s sugar is dangerously low. They pressure the doctor. “It’s my baby. It’s my life. You have to understand,” Jenny is declaring. I have tears in my eyes. The fast could cost her life and leaving her children could cost her life. How does one even begin to fathom that choice? How does it even come to that?

Send a letter to Department of Homeland Security Secretary Janet Napolitano demanding a stop to separation of families.

Campaign to free Jean Montrevil from immigration custody and stop his deportation (New York, NY)

Jean Montrevil, an activist, leader and family man is currently in immigration custody, awaiting deportation to Haiti, for a crime he committed 20 years ago for which he paid his time. Today’s rally outside Varick Detention Center showed a growing amount of support and anger at Immigration and Customs Enforcement’s unjust actions.

Send an email to Department of Homeland Security urging for his immediate release.

Trail of Dreams (Miami to Washington, D.C.)

On January 1, 2010, a group of brave and passionate students from Florida’s Students Working for Equal Rights (SWER) embarked on a 4-month long journey from Miami’s Freedom Tower to the United States Capitol in Washington D.C., where they will join with thousands in a mass rally demanding urgently needed changes to immigration laws and policies on May 1st, 2010.

Find out how you can help and support the Trail of Dreams.

National Day of Action Against Sheriff Arpaio – Saturday, January 16th (Phoenix, AZ)

Join NDLON, Puente, and other immigrants’ rights groups in denouncing egregious abuses perpetrated against immigrants and people of color by Sheriff Joe Arpaio and demanding an end to 287(g), Secure Communities, and other forms of local police collaboration with immigration authorities that severely undermine public safety and the community’s trust to report crimes to police. Just today, an advertisement appears in today’s edition of The Arizona Republic newspaper where sixty black leaders have come together to condemn Sheriff Arpaio.

Here’s more info on how you can support the movement against Arpaio.

In the midst of the demand for reform, we wish to remember those in Haiti and offer our support and prayers for them.

UPDATE: “On this day, January 17, we have decided to end our fast. After watching the suffering of our Haitian brothers and sisters, and seeing the determination of the Department of Homeland Security to ignore the voices of immigrant families fighting to stay together, we must continue our struggle in a different way, but the Fast for Our Families will not end.”

UPDATE: As of January 25th, 2009, Jean Montrevil was released from detention. The fight continues to end the threat of deportation, but he is back home with his family and community members in New York City.

Posted by madhuri on January 14th, 2010 in Blog, Deportation, Detention, Due Process, Enforcement, Fair Day in Court, Family, Human Rights, Immigration, Racial Profiling | Tags: , , , , , , , , , , , , , , , , , , , , | 1 Comment »

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