Guilty as Suspected

After listing off his numerous legal options over the phone and across the plexiglass, Fidencio looks right at me and says, “Yo quiero salir. Quiero regresar.”  I translate to the Minnesota Detention Project attorney that he simply wants to leave, to return home.  She explains briefly that this will result in a ten-year bar to his re-entry, that it will be very difficult for him to get back in again.  Fidencio shuffles his feet, chains jangle, and he crosses his arms across his orange County prison jumpsuit.  “No importa, I just want to get out. I can’t stay another week at Ramsey. Every day I stay in here I cannot make money for my family.  Just get me out ahora.”

And so another father and husband is deported back to Honduras, his family left here to continue living in the shadows or to return to a country with little opportunity.  About 8,000 people in Minnesota are currently in deportation proceedings, and some 200 to 300 are housed in one of five county jails where Immigration Customs Enforcement (ICE) rents space.  The Ramsey County Jail in St. Paul typically houses 50-75 detainees, most of whom do not have any criminal conviction and are merely suspected of illegal entry.  They share residence with indicted murderers, rapists, burglars, and drug addicts.  Since most county jails are designed for one-night stays, few have outdoor yards and, as a result, detainees rarely see the light of day.  At Ramsey County, detainees are incarcerated an average of 100 days.  Most immigrants, by the time their day in Immigration Court finally arrives, will argue their case pro se before the Court and simply beg the judge to deport them back to their country of citizenship. [Aslanian, Sasha. MPR]

The number of immigrants detained each night in the United States is roughly 32,000.  Many of that number have not been convicted or even charged with a crime but are, according to ICE, a flight risk.   Immigrants represent the few civil court defendants incarcerated in such a way.  Despite the obvious flight risk of certain delinquent fathers awaiting judgment on child support or traffic offenders awaiting their day in court, few other civil defendants are held in jail at all, let alone for months on end.  Although anklet transponders are used by parole officers in oyhrt areas of law, ICE has so far rarely used such minimal safeguards for supposedly “innocent until proven guilty” immigrants, opting instead to pay $80/night for a total of $1.8 million/year. [Aslanian, Sasha. MPR].

Anklet Transponder

Nationally, the housing and transfer system is so haphazard that some detainees are moved to a new detention facility without ever being served a notice detailing why they are being held.  From 1999 to 2008 some 1.4 million detainee transfers occurred, often moving longtime residents of New York and LA to remote jails in Texas or Louisiana, far away from friends, legal counsel, or evidence for their immigration case.  These detainee transfders typically send immigrants to the Fifth Circuit, the most hostile jurisdiction toward immigrants and the worst ration of immigration lawyers to detainees.  [Bernstein, Nina. “Immigration Detention System Lapses Detailed. NYTimes].

This week, Rep. Gutierrez from Illinois introduced the first of a new wave of comprehensive immigration reform bills, this one entitled C.I.R. A.S.A.P.  As Congress wraps up healthcare debates and begin to take up the issue  Obama shelved until 2010, any comphrensive bill must seek to alleviate and remedy the current system of criminal detention of civil immigrant cases.

Detention Watch Network MAP

What does May Day mean in 2009?

http://mirac1.files.wordpress.com/2009/03/poster1mayo1.jpg?w=500&h=771

As May Day 2009 fast approaches, it is important to look back at the original celebration and what it did and did not do.  On May 1, 2006, millions of immigrant workers left their jobs for an hour or a whole day to bring home the message that they are an integral part of American society.  In cities like Los Angeles, New York, Chicago, Houston, Tucson, and Portland, May 1 was an important day of immigrant empowerment and a powerful symbol of solidarity.  However, that same year, the immigration legislation failed to pass Congress and the Secure Fence Act was enacted.

For nonviolence to be an effective tool, it cannot be only a negative force.  It must be constructive as well. As Dr. King wrote, “True peace is not merely the absence of some negative force — tension, confusion or war; it is the presence of some positive force — justice, good will and brotherhood” (“Nonviolence and Racial Justice“).  For nonviolence to change hearts and minds, it must not only protest injustice but also present solutions.  Unlike the May Day celebrations of 2006, as well as the ones being planned for this year in countless cities across the United States, a much smaller but more determined group of people are actively engaged in a nonviolence which highlights the injustices inherent in our current immigration system but which also positively provide for real needs.

Founded in 2004 by Catholic bishop Gerald Kikanas, Presbyterian minister John Fife, and several leaders of the local Tucson Jewish community, No More Deaths has been dealing with the negative human effects resulting from Operation Gatekeeper.  The increased militarization of the border through deportation, detention, armed forces, and border wall construction have merely rerouted desperate human migration through the most dangerous portions of the desert.  The Pima County Medical Examiner’s office, for example, has reported 84 deaths annually between 2000 and 2005, up from 14 in the ’90s.  No More Deaths attempts to save border-crossing families by leaving out water in the desert and tending to the medical needs of injured crossers. [Wikipedia] According to their website, 50 individuals have died  attempting to enter Arizona.

No More Deaths operates under some basic faith-based principles:

• Recognize that the current Militarized Border Enforcement Strategy is a failed policy
• Address the status of undocumented persons currently living in the US
• Make family unity and reunification the cornerstone of the US immigration system
• Allow workers and their families to enter the US to live and work in a safe, legal, orderly, and humane manner through an Employment-Focused immigration program
• Recognize that root causes of migration lie in environmental, economic, and trade inequities^[4]

While No More Deaths meets the needs of immgirants, they are forbidden to aid them in crossing, but in times of dire emergency they are instructed to call an on-call medical expert and, if need be, transport the seriously injured immigrant to the local hospital.  On July 9, 2005, however, two No More Deaths volunteers were arrested by the Border Patrol for transporting three border-crossers to a nearby hospital.  Daniel Strauss and Shanti Sellz were accused transporting and conspiring to transport undocumented immigrants, both felonies under US law. If convicted, they would have faced 15 years in prison and/or $500,000 in fines.  After more than a year, Judge Collins dismissed the charges in September 2006, stating that these two volunteers had followed pre-approved protocol and that further litigation would violate their Due Process rights under the Fourteenth Amendment. [Wikipedia]

Currently, Dan Millis is appealing to the 9th Circuit to contest the Arizona ruling that he and other volunteers had littered by placing water jugs for migrants in the Buenos Aires National Wildlife Refuge.  Despite the five milk crates of trash the volunteers had picked up, they were issued citations by the US Fish & Wildlife Service officers.  Two days before, Millis had found the body of a 14-year-old girl who had died of exposure. As Dan Millis has said, ““We pick up trash, distribute food and water, and administer first aid to people who desperately need it. We are not criminals.” [Guntzel, Jeff Severens. Utne Reader]

As communities prepare for May Day 2009, it is important to stress real issues and practical solutions.  Obama has pledged that comprehensive immigration reform is on the table for 2009.  The DREAM Act is still a potentiality, as is the Border Security and Responsbility Act [HR 2076] sponsored by Rep. Grijalva last week.  Immigrants from Rochester to Brownsville need more than a token march or a one-day protest – campaign for real change by advocating locally and nationally for meaningful reform for immigrants.

Immigrants’ Letter to Janet Napolitano

The National Korean American Service & Education Consortium (NAKASEC), the Korean American Resource & Cultural Center (Chicago, IL), and the Korean Resource Center (Los Angeles, CA) is compiling a letter to send to Department of Homeland Security Secretary Janet Napolitano.  The letter urges Napolitano to lower the filing fees for naturalization – consider adding your name to their letter by writing them by March 9, 5 p.m. at soh@nakasec.org or fax to 323.937.3753:

“Dear Secretary Napolitano:

The undersigned organizations write in support of the letter from US Rep. Jan Schakowsky and her Congressional colleagues urging you to act now to reduce citizenship fees.  The Bush Administration’s decision to increase fees from $400 to $675 in July 2007 has put citizenship further out-of-reach for thousands of hardworking, patriotic immigrants who want to fully participate in our democracy.  We urge you to reduce the citizenship fee back to $400, and make the American dream of citizenship attainable again.  Thank you for your consideration.”

Earlier this year, local and national immigrant rights groups came together to deliver a letter with 1,200 organizational endorsements to President Barack Obama on the urgent need to enact immigration reform. With you, altogether we gathered 97 endorsements primarily from the Korean American and Asian American & Pacific Islander communities.

If you would like to endorse, please send the following information to 

Organization: _____________________________________________

Contact Person/Title:________________________________________

Address:_________________________________________________________

Email:_______________________________ Phone Number: (_____)__________________

Thank you for your thoughtful consideration. If you should have any questions, any of the following individuals would be happy to hear from you: Sookyung Oh at NAKASEC (323.937.3703, ext. 206, soh@nakasec.org), JungHee Lee at KRC (323.937.3718, junghee@krcla.org), and/or Sik Sohn at KRCC (773.588.9158, sohnsik@chicagokrcc.org). Together, We Build America’s Future.

The End of Guantanamo Bay is Just the Beginning

Yesterday morning, Barack Obama signed executive orders to end the CIA’s secret overseas prisons, ban coercive interrogations (read “torture”), and close Guantanamo Bay within a year.  In just his second full day in office, Obama made good on one of his campaign promises, saying that “our ideals give us the strength and moral high ground” to combat terrorism.  (Shane, Scott. New York Times) The whole world must have breathed a sigh of relief to see the United States moving back towards its role as a leader in human rights.

Since 2002, this small base in Cuba has housed detainees, many of whom were held without charges, representation, or many basic human rights.  As Vince Walker famously said when Gandhi’s followers were brutally attacked and killed by the British following the 1930 salt march, “Whatever moral ascendancy the West held was lost here today.” (http://lisahendrix.com/2008/06/).  As the United States has attempted to encourage countries like Iran, China, and North Korea to cease their violations of human rights, our exhortations have sounded hollow when Guantanamo Bay was in full operation just miles from Florida.

All Americans should applaud this bold move by Obama to move the United States back into its place an international leader.  But this must only be the beginning.  Within our borders, detention centers are cropping up in every state.  Texas is building new “immigrant processing” centers every year, and this for-profit business is rapidly expanding.  As the United States continues to balk on comprehensive immigration reform, these containment camps flourish while immigrants languish.  Few know where they are, even fewer know the name of a local lawyer who can represent them. Many will sit for months in cold dark cells, some for years.  In the last 6 years, from 2002 to 2008, immigrants detained in like centers have skyrocketed from under 21,000 to more than 31,000.  Disabled immigrants and those with mental health issues aren’t being served, and often their conditions are worsening steadily.  As Equal Justice Fellow at Advocacy Health Services of LA Greg Pleasants, “All protections that exist in other areas of the law (for mentally and developmentally disabled individuals) do not exist for these respondents.”  (Tillman, Laura. Brownsville Herald).  Just last week, federal immigration officials investigating the tragic death of Chinese comuter engineer Hiu Lui Ng in Donald W. Wyatt Detention Facility of Central Falls, R.I, revealed that he had been denied treatment and his cancer and fractured spine had been undiagnosed, leading to his agonizing death on August 6, 2008. (Bernstein, Nina).

Thankfully, some changes have already begun to have a positive effect.  Since unaccompanied minors were removed from adult detention centers and switched from DHS (Department of Homeland Security) jurisdiction to that of Health and Human Services, their care has substantially increased and they are being better served.  With Guantanamo Bay closed and the United States human rights record looking better, we must continue to encourage our administration to take positive steps to eradicate human rights abuses within this nation.  Our immigration system must move towards a day when immigrants are not criminals or numbers but people, families, lives, souls.  Please don’t stop at Cuba, Mr. Obama.

El Paso del Mundo

Las Americas Asylum Law Project

El Paso is closer to Los Angeles than Houston, closer to three other state capitals than its own, 12 hours from Brownsville, Texas.  It is part New Mexico, part Tejano, part Mexico, part Wild West, all frontera.  With a population of 700,000 and separated from a 1.5 million city by a tiny rivulet called the Rio Grande, El Paso melds with Juarez in culture, language, music, food, and la gente.

11 University of Minnesota Law School students arrived in El Paso, Texas, on Sunday, January 4. We came as part of the Asylum Law Project to volunteer with nonprofit groups such as Texas Rio Grande Legal Aid, Diocesan Migrant and Refugee Services, Paso del Norte Civil Rights Project, and Las Americas Advocacy Center.  We came to volunteer, but as always, we assuredly will gain more than we give.

Our first day in El Paso, we attended immigration court and saw the inside of a client interview room.  The immigration court was informal, the judge joking about Burn after Reading and giving informal history lessons about Ellis Island.  The hardest cases were the pro-se ones, where we had to watch a 19-year-old boy with oversized clothes sit silently in front of the judge as he was told he had to wait for the LA judge to reopen his case.  Beside him, a Korean man was whispering prayer upon prayer, eyes closed.  Inside the interview room, the circle chairs and the square table were stainless steel.  A woman from El Salvador had been transported from San Francisco to Los Angeles to Arizona to Houston to El Paso.  Her son was watching her younger children and attending Stanford, and this meeting was to gather some last-minute details so that she could apply for a change of venue.  The steel room was empty and echoed, her small voice enunciated each word of Spanish thoughtfully and deliberately.

That same day, we were told by numerous attorneys and well-meaning citizens not to venture across the bridge to Juarez.  Granted there were more than 1,600 murders in Juarez in 2008 and a group of hueros would generally attract a lot of attention; however, it is that same sort of terror that has depressed the economy on both sides of the river and has lent credence to the drug dealers and thugs like the Zetas.  It is that same fear that led Congress to pass the Secure Fence Act of 2006, the same fear that drives Bill O’Reilly’s ratings, the same fear that enables shows like ABC’s “Homeland Security USA” to exist.  As we crossed the El Paso del Norte Bridge and were greeted by the smell of tacos al pastor and the sight of cheap meds and fast surgeries, none of us felt threatened.  Even as we walked by the federales with their automatic rifles and teenage faces, it was impossible to see much of a difference between one side of the river and the other.  We watched Texas beat Ohio State for the Fiesta Bowl as we sat in the Yankees bar, across the centro from the Kentucky Bar where Marilyn Monroe bought drinks for everyone the day she divorced Arthur Miller.  Both sides of this river are hopelessly interconnected.

We are staying in the Gardner Hotel/El Paso International Hostel, a hotel from the 1920s that has hosted John Dillinger and Cormac McCarthy. An old PacBell phone booth stands sentry at the doorway, and an old-time telephone switchboard stands next to the check-in booth.  With its high ceilings and transoms, old charm and new faces daily, many languages and few rules, this hostel is as good a metaphor for El Paso and Juarez as one can imagine.

Tonight we visited Casa Anunciacion, an immigrant safe house.  Dreamed up by 5 Christian men more than 30 years ago, this organization operates in the historically most impoverished portion of El Paso.  It serves as a home for immigrants, whether for one night or for 8 months.  Families, abused women, single teens, mothers and babies, fathers – the house is full to the brim with immigrants seeking shelter and a change.  This particular night Juan Carlos cooked dinner for all 55 tenants and all 11 of us.  We sat next to immigrants from Guatemala and Sinaloa, El Salvador and Lebanon, Juarez, and Honduras.  After dinner, I washed dishes alongside Federico as everyone worked together to clean the facilities.  Although the house was raided by ICE several years ago, it still continues to offer hope to many seeking a better job and life.

The border towns of El Paso and Juarez serve as a microcosm of worldwide immigration patterns.  When goods are freely transportable in a globalizing world, it only stands to reason that people will desire to move freely legally or not.  Border lines are human conventions, and as one looks at the picnic cloth of stars between the Sierra Madre and Rocky Mountains that is El Paso/Juarez at night, it is impossible to see where one ends and the other begins.  Perhaps that would just be a perfunctory exercise anyway.