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Abounding protests kick off the New Year and highlight the pressing need for immigration reform

TrailofDreams 2009 witnessed neither abatement in the numbers of people detained by immigration enforcement, nor in the number of families separated as a result of deportation. And little progress was made towards advancing comprehensive immigration reform, except for the bill introduced by Rep. Gutierrez on December 15th. Consequently, 2010 has begun with a flurry of courageous and provocative protests by immigrant rights advocates calling for just and humane immigration reform ASAP.

On the 1st of January, four young student activists set out on a protest march in which they have committed to walking 1,500 miles from Miami, Florida, across the Southeast, to Washington D.C., arriving on the steps of  the Capitol on May 1st (a day that has become important for immigrant rallies in recent years). The walk, which has been called The Trail of Dreams, is inspired by the idea of non-violent resistance, and aims to strengthen and inspire the immigrant rights movement and help organize the advocate networks across the country to stand together for the passage of the Development Relief in Education for Alien Minors Act (DREAM ACT).

About 100 people gathered to see off the four walkers, Juan Rodriguez (20), Carlos Roa (22), Felipe Matos (23), and Gaby Pacheco (24), as they began their journey from the Freedom Tower in Miami. Over the next few months, the four will be chronicling their journey through a blog as often as they can. The walkers are all top students and community organizers at local colleges and expect students and supporters to join them along the way.  Since they are not all here legally, they face a high risk of exposing themselves to immigration agents over the duration of their walk.  “We are aware of the risk,” Felipe said to the New York Times. “We are risking our future because our present is unbearable.”  From an article in the Washington Post:

All say they are willing to take the risks that come with bringing attention to the plight of students who, like themselves, were brought to the U.S. as children and are now here illegally. “I’m tired of coming back to school each semester and hearing about another friend who was picked up and deported,” Juan Rodriguez told a group of supporters during a recent gathering.

Also on the first day of the new decade, after sitting down to their final meal together, another group of brave and committed individuals in Florida began the Fast for Our Families protest, in which they have initiated an indefinite fast in the name of all those people who have lost, and continue to lose, loved ones due to deportation, detention and raids.

The fasters include a Haitian mother who is facing the threat of being separated from her children, a Puerto Rican man whose wife faces deportation, and a female professional truckdriver, the initiator of the fast, who lost her business and her livelihood when she was deported in 2005 after living here for 18 years, when her ex-husband reported her to the authorities. She came back to the country to be with and support her three children, and was subsequently put under surveillance by ICE. Today she wears an electronic bracelet and faces deportation.

One of the fasters is Jon Fried, a 50 year old man who has been involved in social justice and labor movements for 35 years and runs the organization We Count! On day 2 of the fast, he wrote:

Five of us are fasting indefinitely, as long as it takes; our target is President Obama and our goal is to get him to use the legal authority he has, now, without Congress, to suspend the detention and deportation of immigrants with American families, those who have US citizen children and/or spouses…This decision to fast was not taken lightly. I was tired of getting phone calls from a mother, a father, a brother, a sister saying that their loved ones, their family, was taken away by ICE…

Most urgently, the cost is too high. Now. It’s too painful. It’s too horrific. My friends and neighbors shouldn’t be collateral damage in a political scheme. Parents and youth ripped from their families is not an acceptable cost. Thousands of people marked and tracked with electronic shackles, living in fear of being taken away from their loved ones every time they report to ICE or its private contractors, is not an acceptable cost. Young people being deported to homelands they hardly remember is not an acceptable cost. It is time to say to President Obama: This is on your watch.

Together, the participants of the Trail of Dreams and the Fast for Our Families campaigns hope to build momentum and push the current administration towards just and comprehensive immigration reform that asks for:

1) EQUAL ACCESS TO HIGHER EDUCATION
2) A pathway to citizenship
3) An end to the separation of families
4) And a deliberate and radical shift from the federal funding of raids, detentions and deportations to better educational opportunities for ALL the youth of America!

There are a number of ways that YOU can get involved and show your support towards these bold efforts.

For updated information about the Trail of Dreams, click here, and to follow the Fast for Our families, here. Also, join their facebook group to learn more about their personal stories.

Photo courtesy of www.nytimes.com

Government report verifies claims of lack of fairness for immigration detainees

immigrant-detention-480x329In August 2008, 33 year old Alexandro Sibaja was picked up in Houston on a bad check warrant and turned over to immigration officials. Having moved to the U.S. from Mexico at the age of 12, Sibaja was put into removal proceedings by Immigrations and Customs Enforcement. Over the next 15 months, he was transferred six times from Houston to Conroe, from Conroe to Mississippi, then back to Houston before being transferred to Amarillo and then to Big Spring. Eventually, he ended up in Haskell, Texas, and his case was assigned to the immigration court in Dallas. On November 25th, the immigration judge granted him a green card based on his seven-year long marriage to Lopez-Sibaja, a U.S. citizen, and the trauma that deportation would cause for his two children.

While the judgment came as a huge relief to Alexandro and his wife, the ordeal of the past 15 months is one that will haunt them for some time to come. By the end of the 15 months, Alexandro’s wife, Iris, barely visited him once every two months because she could not afford to drive seven hours to see him while working and looking after their children. Iris spent a large part of the past year trying to keep track of her husband’s whereabouts through the immigration detention network, since the information provided to her accompanying his transfers was patchy and inconsistent. Alexandro’s frequent transfers had the decided effect of delaying his proceedings. His original attorney, Steven Villarreal, had to stop representing him when he was transferred since it would have been too expensive once he factored in the costs of the flights and hotels. “I had to refer him to another attorney up there…This happens all the time,” Villareal said about the transfers.

Alexandro’s case is symptomatic of the gaping flaws in the detainee transfer system that were highlighted in separate reports brought out last Wednesday. In addition to the reports by the non-profit group, Human Rights Watch and the data analyzed by TRAC (discussed last week on Restore Fairness), The Constitution Project published a review of ICE policy entitled, ‘Recommendations for Reforming our Immigration System and Promoting Access to Counsel in Immigration Proceedings‘. These findings were corroborated by an investigation that was carried out by the Office of Inspector General (OIG) for the Department of Homeland Security, and released in a document called ‘Policies and Procedures Related to Detainee Transfers‘.

The objective of the OIG investigation was to determine “whether ICE detention officers properly justify detainee transfers according to ICE’s standards,” and their findings verify the criticisms of the system offered by the other reports. The OIG found that the detainee transfer procedures regularly failed to comply with the tenets of the ICE National Detention Standards; they were random, they resulted in a loss of access to necessary evidence and witnesses, and to legal counsel itself, and in increased time spent in detention. Further, most people were transferred without the requisite photo and security classification. From the report:

Transfer determinations made by ICE officers at the detention facilities are not conducted according to a consistent process. This leads to errors, delays, and confusion for detainees, their families, and legal representatives…ICE National Detention Standards outline the policy, applicability, standards, and procedures for the transfer of a detainee. ICE must consider the detainee’s security requirements, medical needs, legal representation, and requests for a change in venue for the removal proceeding.

Responding to the delays, confusion and errors caused by the numerous transfers of detainees, not to mention the resultant denial of due process for the detained and their families, the OIG review and that drafted by The Constitution Project list a series of recommendations for corrective action to be taking by ICE. The recommendations outlined by the OIG address the disjointed network of private and county detention centers and the lack of a clear and centralized system of communication between them. They require ICE to establish:

A national standard for reviewing each detainee’s administrative file prior to a transfer determination, and that it develop protocols with EOIR (Department of Justice’s Executive Office for Immigration Review) court administrators for exchanging hearing and transfer schedules.

The Constitution Project issued a review that called for large-scale amendments to immigration law and ICE policy, including access to legal counsel appointed by the government for those facing deportation. The Constitution Project, whose members include Asa Hutchinson, a former secretary of Homeland Security, called for measures that lead to shrinking the use of detention, making it easier for people to avoid detention while fighting deportation. According to the New York Times, the Constitution Project:

recommended a significant easing in the burden of proof, and a hardship waiver from mandatory detention for lawful permanent residents…Mr. Hutchinson said that the immigration agency could make many other changes immediately, including some that would “correct some potential unfairness in the system” unintentionally left by his own efforts when he was in office.

ICE responded with a statement on Wednesday announcing that they are in the process of overhauling the immigration detention system, and will work to reduce the number of detainee transfers. Working towards a “truly civil detention system” with more centralized agency control, the agency promised a re-issuing of the National Detention Standards that would require a review of the detainee’s file prior to a transfer, ensuring a more efficient and human approach to immigration detention.

Photo courtesy of www.washingtonindependent.com