In Our Community: Immigration News

Grab a cup of coffee and join us in reviewing the immigration news from Monday, July 12 to Monday, July 19:

What's happening in Arizona these days? Immigration Impact offers a closer look at the 7 lawsuits against SB 1070. Unless the court issues an injunction, the new law will go into effect on July 29, a mere ten days from now. Meanwhile, eight states (Michigan, Florida, Alabama, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas and Virginia) have submitted an amicus brief in support of SB 1070, despite the Justice Department's assertion that the new law is unconstitutional. In addition, Arizona's tourism industry feels the effects of the boycott and managers express uncertainty about whether the downturn in business will continue into 2011.

Grassroots Leadership has published a draft paper, "Operation Streamline: Drowning Justice and Draining Dollars along the Rio Grande." This report lays out concerns with the Operation Streamline policy, which requires all undocumented immigrants apprehended near the border to be detained and processed in the criminal justice system. Operation Streamline overloads federal criminal courts, strains taxpayers' resources, and fails to provide a practical and humane solution for undocumented immigrants seeking entry to the United States.

More on the border: A Washington Post op-ed finds that it costs about $10 billion per year to maintain operations on the US-Mexico border, but increased enforcement actually has some pretty serious unintended consequences - trapping undocumented workers in the United States. TRAC reports that immigration prosecutions are at the highest level they've been since the height of prosecutions under the Bush administration, with more than 10,000 prosecutions in April 2010 alone.

A new immigration detention center is being built in Virginia. Once completed, it will be the largest of its kind in the Mid-Atlantic, holding between 500 and 1000 immigrant detainees. The state anticipates a rapid influx in detainees as it fully implements the Secure Communities program, which scans jail databases for anyone who may be undocumented. This facility, like many across the country, is privately run. It is clear that Secure Communities, a problematic immigration enforcement initiative, will do one job very well: boosting the profit margins of many private prison contractors.

You can read more about the intersection of immigration and the private prison industry here and here.

The New York Times reports on the Obama administration's shift in worksite enforcement, from high-profile raids to so-called "silent raids" in which companies are audited for hiring undocumented workers. The raids of earlier years would detain workers en masse, tear apart families, and deny justice to those who were deported. Audits are certainly more orderly, and they focus on punishing employers rather than employees. Still, without overhauling the immigration system, the economy still requires foreign workers and even well-intentioned employers may struggle to meet those demands while remaining within the bounds of the law.

Comprehensive Immigration Bill in House Secures 100 Cosponsors

Families attend the immigration march in DC in March 2010.

Today, Representative Luis Gutierrez (IL) held a press conference to announce that his bill, CIR ASAP (Comprehensive Immigration Reform for America's Security and Prosperity), has secured 100 cosponsors.

FCNL welcomed the introduction of CIR ASAP in December 2009, and we have worked to promote cosponsorship of the bill. Thank you to the thousands of constituents who wrote letters to their representatives urging them to join this comprehensive immigration reform bill. As Rep. Gutierrez said today, the achievement of gaining 100 cosponsors is a "milestone."

The immigration system is broken, and the consequences of inaction are becoming increasingly severe. More than 22 states are considering or have introduced legislation that mimics Arizona's new law, S.B. 1070, against which the Department of Justice will be filing a lawsuit. Families are torn apart on a daily basis and the number of detentions and deportations is skyrocketing.

I'll leave you with a quote from Rep. Gutierrez's press release this morning:

We know the legislative clock is ticking. We know people are getting deported at the highest rate in modern history. We know that the inter-related problems of illegal immigration, clogged and unattainable legal immigration, border security, deportation, detention, and a two-tiered labor market that hurts all workers will not solve themselves... We need a rational solution. We need a practical solution. We need a fair solution.

In Our Community: Immigration News

Hello again and welcome back to this week's immigration news. I hope you'll understand why I've been absent from the blog for a week or so when you see this photo. I've been traveling in New Mexico for FCNL - and you can read all about my trip right here. To get back in the swing of things, here is your immigration news from Monday, June 14 to Monday, June 21.

We finally have the extremely important news we've all been waiting for - although not, perhaps, announced in the way we would have anticipated. The Department of Justice will file a lawsuit against Arizona's anti-immigrant law. This news was announced by Secretary Clinton, not Attorney General Holder, but administration officials have confirmed the upcoming lawsuit and said that the details are in the works. Arizona SB 1070 is scheduled to go into effect on July 29, and similar bills have been introduced or considered in many states.

The Supreme Court ruled on June 14 that immigrants will not be automatically deported for minor drug offenses. This is a significant step toward ensuring due process protections for immigrants. Stringent anti-immigrant laws passed in 1996 expanded the definition of "aggravated felony" to include minor crimes such as drug possession and shoplifting, and required mandatory deportation for these crimes. Since then, immigrants have been unduly criminalized and deported without adequate judicial review. Now, Carachuri-Rosendo v. Holder will protect immigrants from being automatically deported for minor drug offenses.

The Immigration and Customs Enforcement (ICE) agency is overhauling its immigration detention system, and one of its contractors is getting out there early. Corrections Corporation of America (CCA) will modify its nine detention facilities to "soften the conditions of detention" and allow immigrant detainees to wear their own clothes, have lengthy contact visits with their families, and enjoy freer movement within the facility. You can read more about it here, here, and here. But this doesn't mean it's all good - these changes come on the heels of a serious incident in which a CCA guard sexually assaulted several female detainees in Texas.

Border Patrol is taking its operations to new heights - literally. CBP has received authorization to launch unmanned aerial vehicles (drones) on the border in Texas. These drones will provide surveillance for border agents to intercept smugglers and migrants. Let's not lose sight of the fact that drones are also conducting attacks in Pakistan with serious civilian casualties. The use of drones on the U.S.-Mexico line is one more step in the direction of militarization of the border.

I'll leave you with a story. Many people say immigrants should just "get in line" to come to the United States legally, but for those who try to do so, it can be near impossible. Shari Feldman and Inderjit Singh, as the New York Times reports, have spent nearly 17 years in immigration limbo as they try to prove the veracity of their marriage to immigration authorities. USCIS's efforts to prevent marriage fraud can go too far - home inspections, invasive questioning, and tricky documentation requirements often keep legitimate couples from getting green cards.

Major Lawsuit Filed Against Outrageous Arizona Law, National Day of Action on May 29

Never seen the Grand Canyon? Here's your chance. Alto Arizona, with immigrant, faith, labor, law enforcement, and civil rights organizations across the country, are planning a national day of action on May 29th to showcase our powerful opposition to the new Arizona law.

If you are able to, please consider traveling to Arizona to join the brave organizers in marching to the State Capitol. To plan your trip and learn about more ways to get involved, click here. Or, coordinate a march in your own state.

The national day of action comes at a critical moment - major civil rights organizations have just filed a lawsuit against the new Arizona law. This lawsuit is intended to stop racial profiling in its tracks and ensure that what happens in Arizona STOPS in Arizona.

The authors of the lawsuit include: the ACLU, the Mexican-American Legal Defense and Education Fund, the National Immigration Law Center, the National Association for the Advancement of Colored People, ACLU of Arizona, National Day Laborer Organizing Network and the Asian Pacific American Legal Center.

Proud to Live in the District

The D.C. Council took a momentous step on Tuesday to stand up for immigrants' rights.

Council member Phil Mendelson introduced a bill that would block Washington, D.C. from participating in the Secure Communities program. He was met with unanimous support from the rest of the D.C. Council.

Secure Communities is a local immigration enforcement program requires police officers to check the fingerprints of anyone they're booking into jail against a national database to confirm their legal status. Of course, this opens the way for racial profiling because Secure Communities checks people's status at the point of arrest, not the point of conviction. So, the program creates incentives for pretextual arrests (for minor violations like a broken tail light - the quintissential "driving while brown" violation).

As part of ICE's efforts to detain at least 400,000 people annually, the agency has been rolling out Secure Communities and plans to go nationwide in the next few years. The D.C. Council's move to block implementation in the District constitutes the first time that a city has stood up and refused to participate.

As Mendelson said, "The Metropolitan Police Department has its hands full dealing with violent crimes in the District, and the issue of immigration is not the MPD's responsibility."

Another first: The D.C. Council also announced its unanimous support for divesting from Arizona and banning city workers from traveling to the state on official business.

Appalled by Arizona? 5 Ways to Show It.

Arizona's new law, S.B. 1070, is the harshest anti-immigration law in decades. Although the law doesn't go into effect for 90 days (and will be challenged in court), here are five steps that you can take now to protest this blatant violation of civil rights.

1. Tell your friends.

Start a conversation at the dinner table, out for coffee, or on the bus. Talk with your friends about how this bill starts the United States on a slippery slope toward widespread racial profiling. Hear their thoughts. Get emotional. Talk it out. Stay informed.

2. Tell the president.

Detention Watch Network is compiling action alerts to stop the implementation of the new Arizona law. Click here to participate.

3. Take your money and run.

Reps. Grijalva (AZ), Gutierrez (IL), and Polis (CO) have called for economic sanctions against Arizona. The American Immigration Lawyers Association has already canceled their national conference in Arizona and relocated it to another state. While this action is debatable - should the entire state be punished for the lawmakers' actions? - you can participate, if you choose, by boycotting Arizona products and tourism.

4. Take to the streets.

Immigration may very well be THE the civil rights issue of the 21st century. In 90 days, when this new law is scheduled to go into effect, join Rev. Al Sharpton's "freedom walkers" in Arizona to challenge racial profiling and stand in solidarity with the Hispanic community.

5. Stand up and be counted.

Follow this innovative suggestion from Linda Greenhouse:

So what to do in the meantime? Here’s a modest proposal. Everyone remembers the wartime Danish king who drove through Copenhagen wearing a Star of David in support of his Jewish subjects. It’s an apocryphal story, actually, but an inspiring one. Let the good people of Arizona — and anyone passing through — walk the streets of Tucson and Phoenix wearing buttons that say: I Could Be Illegal.

Arizona: Becoming a Police State?

The Arizona House and Senate have passed a bill, S.B. 1070, which would require police officers to check the papers of anyone who looks like they could be undocumented. Governor Jan Brewer is expected to sign this bill into law sometime this week, turning Arizona into the closest thing that this country's seen to a police state in many years.

Picture it: Parents terrified to drop their children off at school in case an officer sees their skin tone and decides they could be "illegal." Victims of domestic violence refusing to call the police for risk of being wrongly arrested and deported. Residents, acting out of fear or malicious intent, turning each other in to the police. Anyone with an accent or who "appears" to be foreign-born staying in their homes rather than risking a trip to the grocery store.

This isn't who we are. This isn't what we stand for.

But if we don't stand up now, this could become our reality.

Critics - including members of Congress, police, faith leaders, civil rights groups, immigrant advocacy groups, and more - have been fiercely vocal in urging Governor Brewer to veto the bill. ACLU and others are preparing a lawsuit. Petitions have been circulating and gathering more signatures every hour, vigils have continued around the clock, and countless messages have been sent opposing this horrific bill.

LA Cardinal Mahoney said in the Huffington Post:

"I can't imagine Arizonans now reverting to German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation," the cardinal said. "Are children supposed to call 911 because one parent does not have proper papers? Are family members and neighbors now supposed to spy on one another, create total distrust across neighborhoods and communities, and report people because of suspicions based upon appearance?"

Rep. Luis Gutierrez (IL) also weighed in:

"It is open season on the Latino community in Arizona... It is a horrifying glimpse at what our future holds across the country if we continue down the path the Obama administration is leading us on immigration... I'm afraid we have turned a very dangerous corner in the war on immigrants. And we have heard nothing from the President."

Nine young adults in Arizona have stepped up their advocacy to include acts of nonviolent civil disobedience, by chaining themselves to the Capitol in protest of S.B. 1070.

The situation in Arizona should be a wake-up call for the Obama administration and for the members of Congress who have promised to deliver immigration reform, but have been badly sidetracked by partisan political calculations. President Obama and Congress need to act swiftly to fix the broken immigration system, or else Arizona may only be the start. We don't want to go down that road.

In Our Community: Immigration News

Here it is, your news on immigration from Monday, April 12 to Monday, April 19.

This week, the Arizona legislature passed a bill that would allow police to check the legal status of anyone they encounter who they "reasonably suspect" to be an undocumented immigrant. It also allows people to sue local police agencies if they feel that the agency is failing to enforce immigration laws. This bill is one of the most anti-immigrant proposals in recent history. Immigration advocacy groups, faith leaders, and civil rights organizations strongly oppose its passage but it is expected that Arizona Gov. Jan Brewer will sign it into law when it lands on her desk. Bottom line: This bill would terrorize immigrant communities.

As Arizona State Representative Kyrsten Sinema said, "This legislation would do nothing to solve the problems Arizona faces as a border state, would enshrine racial profiling, would be prohibitively expensive, and will create a permanent culture of fear and panic in innocent communities. The Governor should veto the bill."

Also in Arizona, a massive ICE raid focusing on shuttle companies suspected of transporting migrants across the border has caused widespread panic. More than 800 agents and officers mobilized for the raid, which resulted in 47 arrests. John Morton, the director of ICE, said he intended for the raid to give "such a shock to individuals that they won’t recover as they have in the past." Well, he has certainly done so. Social service organizations reported that the disproportionate show of force - which included helicopters circling overhead - has caused hotlines to ring off the hook and led droves of people to seek refuge in local churches. FCNL strongly opposes raids and encourages the Obama adminstration to align enforcement with humanitarian values.

In brighter news, Senator Robert Menendez (NJ) introduced the Protect Our Workers from Exploitation and Retaliation (POWER) Act. This bill would protect immigrants' labor rights and would also protect immigrant workers from retaliation if they submit complaints about dangerous working conditions. FCNL supports strict enforcement of employment and labor laws, in order to ensure that all workers' rights are protected regardless of their legal status.

In Our Community: Immigration News

As Congress returns from recess, immigration advocates across the country are demanding real, practical solutions to the broken immigration system. Here is the news on immigration from Monday, April 5 to Monday, April 12. Enjoy!

Here at FCNL, we are keeping a close eye on the draft immigration bill in the Senate, co-written by Senators Schumer (NY) and Graham (SC). No legislative text has been released yet, but if Majority Leader Reid's recent statement is any indicator, this comprehensive bill will see the light of day soon. At a rally in Nevada that drew over 6,000 supporters, Senator Reid said, "We're going to come back, we're going to have comprehensive immigration reform now... We need to do this this year. We cannot wait."

The Supreme Court just made a landmark ruling on immigration. Lawyers are now required to tell their immigrant clients whether a guilty plea could lead to possible deportation. This should seem fairly obvious, but - under overly harsh immigration laws - pleading guilty to even a minor crime can trigger mandatory detention and deportation. We congratulate the Supreme Court's decision to uphold real justice and protect immigrants' rights.

The nation's broadest coalition of immigration advocates, the Reform Immigration for America campaign, finally took a public position opposing the fundamentally flawed 287(g) program. This program, which was condemned in a recent Homeland Security investigative report, allows local police to arrest anyone suspected of being an undocumented immigrant. The New York Times calls the 287(g) program "too broken to fix" and America's Voice has created this excellent video on how immigration enforcement is tearing families apart:

383,524 and Counting

Last year, 383,524 immigrants were detained by Immigration and Customs Enforcement (ICE), the agency within the Department of Homeland Security responsible for enforcing immigration laws. That's over a third of a million people.

For the sake of comparison, the number of Quakers worldwide is about 360,000.

Immigration detention has drastically expanded in the past fifteen years. The number of immigrants held annually in jail-like detention facilities has tripled since 1996. Even under the Obama administration, these numbers keep on rising.

To justify this dramatic increase, ICE officials have repeatedly stated that the agency focuses on arresting, detaining, and deporting "dangerous criminal aliens" who pose a threat to public safety or national security.

Now, a recent ICE memo leaked to the press indicates that ICE is trying to arrest and detain as many people as possible - not just dangerous criminals - in order to meet quotas. According to the memo, ICE has set a goal of detaining at least 400,000 immigrants in 2010. To meet this goal, the memo continues, ICE plans to ramp up efforts to catch undocumented immigrants who had never committed a violent crime - because they can be deported more quickly than those with criminal backgrounds. (ICE later withdrew the memo but declined to offer a public explanation for why it had originally been issued.)

To catch more non-criminal immigrants, ICE relies on controversial local enforcement programs. These programs authorize police officers to enforce immigration laws. As a recent governmental report indicates, local enforcement programs lack oversight and have resulted in the widespread use of racial profiling.

As a result, more people get trapped in the broken immigration system every year. Immigration prosecutions have skyrocketed in recent years, overwhelming the courts. Immigration judges lack the resources to process immigration cases in a timely manner. Tens of thousands of immigrants languish in detention facilities as they wait for their cases to be heard, costing taxpayers millions of dollars.


Yet ICE continues to insist that its methods are justified.

This is backwards reasoning. Taxpayers' money should not be wasted on expensive and ineffective enforcement programs. You can't deport your way into a workable immigration system.

We've tried the enforcement-only approach, and it doesn't work. We urgently need immigration reform in order to create a legal immigration system that works for everyone.

Urge your members of Congress to support immigration reform. FCNL has created a new set of talking points for you to use when you contact your senators and representatives. Write a letter to your representative or schedule a lobby visit with your senator today!

To learn more about immigration reform, read FCNL's Statement of Principles on Immigration Reform. Stay up to date by signing up for our Immigration Network list serve, which distributes monthly updates about FCNL's work on immigration.

"Driving While Brown" Should Not Be a Crime: Take A Stand Against Racial Profiling

"Racism and racial discrimination have profoundly and lastingly marked and structured American society."
~ U.N. Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

In 2003, the Department of Justice issued a fact sheet on racial profiling that identifies many of the concerns shared by communities around the country, whose members may find themselves subject to discrimination because of their appearance, national origin, or other identifying characteristics. Racial profiling harms not only communities but also federal, state, and local law enforcement agencies, which may be distracted from their real work ensuring the safety and security of the communities under their jurisdiction.

This fact sheet, available here as a PDF, addresses guidelines on racial profiling set forth by the Department of Justice in 2003. While these guidelines are an important step in the process of eliminating racial profiling, they still have loopholes and omissions that allow for some of the very behavior that the guidance is intended to regulate.

The 2003 Department of Justice Guidance Regarding the Use of Race by Law Enforcement Agencies:

• Allows for profiling based on religion and national origin;


• Includes loopholes that allow profiling at borders in the name of "national security;"


• Doesn’t apply to all federal law enforcement activity;


• Isn’t enforceable; and


• Doesn’t consistently apply to state or local law enforcement agencies working in cooperation with federal agencies or receiving federal money.

To sign a petition urging the Department of Justice to strengthen their 2003 guidelines on racial profiling, please visit the Rights Working Group webpage, available here.

Rep. Gutierrez Responds to State of the Union

Today, Representative Luis Gutierrez (IL), author of the CIR ASAP bill introduced in December in the House, wrote a powerful op-ed piece in the Huffington Post.

Rep. Gutierrez expressed concern that President Obama "did not go far enough for the four million American citizen children whose parents face deportation; the millions of Americans waiting to be reunited with loved ones overseas; hardworking Americans whose security is undermined in the workplace; women who are physically and sexually exploited on the floors of meatpacking plants; or the $1.5 trillion lacking from our Gross Domestic Product, all in the absence of real reform."

He argues, "Congress cannot wait for the President to lay out our timeline for comprehensive reform." His bill, the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009, would fix the broken immigration system by keeping families together, allowing immigrants to integrate more fully into society, and protecting immigrants from detention.

To show to Congress that you support comprehensive immigration reform, urge your representative to co-sponsor CIR ASAP.

I'll leave you with one other quote from Rep. Gutierrez's article. He writes:

"They care that we do the job we've been elected to do. But if we walk away from the tough fights --like immigration reform-- because it's hard or because it's politically risky, we're not just writing our own political eulogy; we're sentencing millions of families to a life of injustice."

A Rare Glimpse Into Life in Jail: Visiting an Immigration Detention Center

On any given day, about 30,000 immigrants are held in jail-like detention centers across the United States. Most of them have never committed a crime yet they are treated like criminals, isolated from their families, and often unable to get lawyers to represent them. These are the real victims of the broken immigration system.

Detained immigrants are unable to tell their own stories because of the conditions of their confinement. In Minnesota, a group of concerned citizens is taking it upon themselves to work to ease their suffering.

These individuals have created the Interfaith Coalition on Immigration Ramsey County Jail Immigrant Detainee Visitation Project. They are in the process of launching a visitation program in which local residents would go to the jail and meet with immigrants there, to provide some human comfort and solidarity.

The core members of the coalition toured the jail on Wednesday. Their experience offers us a rare opportunity to peek into the world of immigration detention. I'd like to share with you some of their reflections:

Ramsey Jail Visitation Project Update

JAIL TOUR!

On Wednesday, January 20, four core group members had a tour of the Ramsey County Jail. We met the three primary administrators and the two programming personnel. All were gracious, welcoming, and clearly dedicated and committed to their work. Before scheduling the tour we were told it usually takes one hour; our tour took two hours and included a long pre-meeting. We were never rushed; there was ample time for questions and conversation. Our tour included a brief conversation with one of the facility's nurses who overheard one of our questions and gave a response.

THE JAIL POD

Our group was taken into the 'A' area where new criminal detainees are held and where we got a sense of what it meant to be in jail: it was lunch time, but while we were there, all were locked in their cells (which are typically two bunk cells with a thin mattress, a small table, and stainless steel toilet; the cells appeared to be about 6 X 10 feet ['guesstimate,' but it seemed smaller than the small 8 X 12 feet home study where I prepare this report!) where they were kept, their lunch stacked and waiting on the cart.

PERSONAL NOTE: I was uncomfortable in this situation and conscious of my privilege and, I guess, my power. They were in their cells so we could wander around. It was an accident of timing, perhaps, but in an already difficult situation, it was unfortunate that even this small experience was added to their troubles. For those waiting to eat, this must have seemed arbitrary, which might also be the feeling experienced by ICE detainees and their families: the subjects of 'arbitrary' power who are experiencing a complete loss of control of their lives and have become 'objects' in a deportation system that has taken charge of their future. This was also a reminder that when we get visiting privileges (I am optimistic) we must be careful to not intrude on meals and normal visiting and recreation times.

MEDICAL CONCERNS - Tour Observations

1. Our guides made repeated reference to the ICE mandated 14-day physical-medical assessment that all civil immigrant detainees get. They want us to know they both know about and are in compliance with this standard, which has not always been the case (as reported in an ICE Inspector General report, June, 2008, available on-line).

2. New medical request cards are being prepared that will state the ICE detainees do not have to make a co-pay. They are not in place yet: existing stocks without this notation are to be used first. All jail leadership personnel also made a point of telling us that they know ICE detainees do not have to make a medical co-pay.

3. Since the death of Maria Inamagua from a parasite originating in her country of origin and which is not common in the United States, there have been investigative reports stating the importance of ICE medical evaluations including screening for such exotic diseases (diseases or medical conditions originating in a person's country of origin) or that responses to health issues arising during detention include such screening, especially when the diagnosis proves difficult. The response to a question about this did not seem to reflect an awareness of this issue nor a specific knowledge of medical screenings.

HEAT - Personal testimony

I wore a short sleeve shirt. We were often moving and walking. My attention was usually directed to the speakers. Under these conditions, I was never cold. HOWEVER, as we were leaving, I observed someone in a holding cell just outside of the 'A' pod area. He was wearing the jail's mandatory orange short-sleeve coveralls. He was cold, his sleeves empty, both of his arms having been drawn upside his jump suit where he held them against his torso for warmth.

(Related note: no action or decision has been made per issuing long-john shirts to detainees. Pending that and the new requirement that all laundry be processed at the Ramsey County Workhouse, the option of purchasing a long-john shirt has been suspended; clothes cannot be brought into the jail.)

VENDING MACHINES - Personal observation

There are vending machines in the 'pods.' Prices are roughly $1.50 to $1.75 for snacks and soda (what I call 'motel' or 'airport' prices). I noticed that the same vending machines in areas serving only jail personnel were less expensive.

TOUR PARTICIPANT REPORT (I have not asked permission to share this person's name, hence it is not included; these are brief excerpts from a longer report)

It comes as no surprise that a jail is not a happy place. While I believe the staff “manage” (their word) the inmate population with the best intent, the conditions of a jail must be unnecessarily traumatic for an otherwise innocent immigrant.

Throughout my experience at the jail, despite being flanked by two or more official tour guides and 3 other tour participants, my awareness was heightened and I was on edge. I cannot imagine being placed in this facility when my only crime is trying to keep my family together or trying to find work that will sustain my children. I believe that the visitation program could be beneficial in easing the trauma of being placed in such a facility. However, for the long-term, I would like to see policies changed to eliminate jailing detainees without criminal offenses.

In Our Community: Immigration News

As Martin Luther King Day reminds us all of Dr. King's call for equality and justice, our thoughts and prayers remain with the people of Haiti as they strive to recover from last week's earthquake. Here is the news on immigration from Monday, January 11 to Monday, January 18.

On Friday, January 15, the Obama administration granted Temporary Protected Status (TPS) to Haitians in the United States. Thank you to everyone who participated in FCNL's action alert and signed FCNL's interfaith letter of support for TPS. Because of your actions, Haitian immigrants will not be deported and will instead be allowed to stay in the United States and work here for at least 18 months while Haiti stabilizes from Tuesday's devastating earthquake.

The Haitian economy depends significantly on remittances. TPS will enable Haitian immigrants to contribute to the country's recovery by sending their earnings to support their families and communities in Haiti. However, Haiti still has a long way to go, and the recovery will involve not only short-term relief work or U.S. military presence, but an international commitment to long-term development.

The Department of Homeland Security also instituted a humanitarian parole policy for certain Haitian orphans. This policy will allow certain orphans to temporarily enter the United States to receive medical care. While individuals will be reviewed on a case-by-case basis, the only eligible orphans are those in the process of being adopted by U.S. citizens.

While this is another small but welcome step, it stands in stark contrast to the broader message that the U.S. government is sending to the people of Haiti, which is: Don't try to come to the United States. Every day, a U.S. Air Force cargo plane has been flying over Haiti for five hours transmitting this message from Haiti's ambassador in Washington. Officials say they fear that Haitians will take to boats and cause a refugee crisis in Florida. However, with fuel prices in Haiti rising to astronomical levels and all efforts desperately needed for aid distribution, these daily five-hour flights are not the best use of U.S. personnel and resources at this critical time.

In other news, U.S. Immigration and Customs Enforcement (ICE) has announced that it will close the Varick St detention center in Manhattan and transfer immigrant detainees to another facility with outdoor recreation and visitation services. The agency is portraying this move as part of its broader overhaul of the U.S. immigration detention system. However, immigration attorneys and activists have significant concerns. Detainees will be moved to the Hudson County Correctional Facility, a county jail an hour away from Manhattan. These transfers will make it much more challenging for families and lawyers to visit detainees. In addition, attorneys and activists have recently drawn attention to misconduct and poor conditions at Varick St. Instead of fixing these problems, the administration has decided to transfer the detainees to a more remote location. Constant transfers and an ongoing reliance on county jails are no substitute for case-by-case reviews of whether immigrants need to be detained in the first place.

Finally, I'll leave you with a brief update on comprehensive immigration reform. On Friday, Politico ran an article describing how legislation on immigration and climate change are competing for space this spring. Senator Schumer (NY), who is writing a bipartisan bill on immigration reform, and Senator Kerry (MA), who is the lead negotiator on climate change, are both trying to push forward their issues. Both are in conversation with Senator Graham (SC) to try to gain his support. While both of these issues are hard to take up in an election year, the immigration advocacy community continues to insist that the time of waiting is over -- the immigration system is broken and needs to be fixed so that immigrants can live with dignity.

Immigrant Students, Risking Detention, Boldly Set Out on Trail of Dreams

Photo courtesy of Students Working For Equal Rights

Sometimes, when the world will not listen, when the insistent voices calling out for immigration reform go unheard, a few brave souls must take it upon themselves to lay out the path toward justice and equality. Enduring personal suffering for the sake of what's right, these individuals urge us all to be our best selves and reach out to one another in solidarity.

Felipe, Gaby, Juan, and Carlos are today's brave souls. These four immigrant students have taken it upon themselves to march from Florida to Washington, DC, in support of the DREAM Act. Following the Trail of Dreams will take them four months and 1,500 miles in search of justice and equality for America's immigrants.

Their mission: To empower Americans to unite in solidarity for the passage of just and humane immigration reform.

Sleeping in churches and immigration centers, these students risk more than blisters and sore feet during their journey. Three of the four are undocumented and could be detained and deported for stepping out of the shadows. However, as Juan says, "I'm tired of coming back to school each semester and hearing about another friend who was picked up and deported." For these students, it's time to hit the pavement and march for reform.

Yet they are not alone: Supporters are welcome to join the walkers on the trail, shelter them or organize events, and sponsor them as they seek to reach DC. The media, including the Associated Press, has already picked up on their ambitious actions. The Reform Immigration FOR America campaign will join the students on May 1, when they plan to arrive in DC, to hold a rally for comprehensive immigration reform.

Many of today's undocumented youth, including the walkers, were brought to the United States as young children. Their memories are of growing up in the United States, going to school here, building a life here. Yet every day they face invisible barriers - they cannot get drivers licenses, in-state tuition, or meaningful employment. The DREAM Act would offer an accelerated path to legal status and eventual citizenship for undocumented youth who pursue higher education or military service.

How can you embark on the Trail of Dreams? Follow the walkers' blog and spread the word. Support them on the trail. Plan to be in Washington, DC, on May 1 to be one of the 100,000 people at the rally. Finally, show your support for the DREAM Act by urging your members of Congress to support comprehensive immigration reform.

In Our Community: Immigration News

Even though you may not have heard much about immigration policy in this past week's news, the broken immigration system continues to negatively affect communities across the country. Take a look at the news on immigration from Monday, November 30 to Monday, December 7.

Immigration news made it to the front page of the New York Times! Human Rights Watch and the Constitution Project have released reports on how immigrant detainees are denied their fair day in court due, in part, to frequent and unnecessary transfers to remote detention facilities. Another new report finds that the number of immigrants in detention has more than doubled since 1999. In fiscal year 2009, U.S. Immigration and Customs Enforcement (ICE) detained 369, 483 immigrants. Most of these immigrants are non-criminal and do not pose a risk to society - they are only held for immigration violations. Still, immigrant detainees are held for months or even years in jail-like settings with limited contact with attorneys and families.

Here's a paradox: The Department of Homeland Security is detaining refugees for failing to apply for permanent residence within a year - but the law requires refugees to wait a year before applying! As AlterNet points out, "In essence, ICE detains refugees for not doing what the law bars them from doing." Back in September, President Obama authorized the entrance of 80,000 refugees annually. Refugees, fleeing persecution abroad, have historically been welcomed into the United States. The U.S. government should take immediate steps to stop DHS from manipulating the broken immigration system as a tool with which to punish vulnerable refugees.

A border activist in Arizona is threatened with jail time for not complying with his sentence on leaving water jugs on a wildlife reserve. Walt Staton was originally convicted of littering for placing water jugs out for migrants crossing the U.S.-Mexico border. He has so far refused to comply with orders to do community service, saying that humanitarian aid is not a crime.

Meanwhile, the Department of Homeland Security continues to expand border militarization. This time it's through virtual fence technology. The project, known as SBInet, would place cameras, sensors, and radar along hundreds of miles of the border. Initially plagued by delays and unforeseen costs, the project currently only exists in small segments of the border with Arizona and would not be fully implemented until 2014.

The Boston Herald reports that Pedro Tavarez, a 49-year-old Dominican immigrant who died in October while in a Massachusetts detention center, had gone into cardiac arrest and therefore died of natural causes. Tavarez's loved ones remain skeptical and hope for further investigation into the cause of death. Most immigrants held in detention centers lack access to basic health care.

Think that immigration has nothing to do with you? Think again. All residents of New Mexico may soon be required to carry passports in order to fly on a plane. These requirements come as part of the Real ID Act, an identity verification bill left over from the Bush administration. Some states have passed laws exempting them from complying with Real ID but New Mexico isn't one of them - and all its residents, including U.S. citizens, may soon face the consequences.

In the Houston Chronicle, the Rev. Harvey Clemons Jr. calls on us to follow Martin Luther King Jr.'s guidance on immigration reform. He recognizes the value of justice for all, saying, "King's vision provides a helpful tool with which to view the immigration struggle today." He points out that today's broken immigration system makes it nearly impossible for immigrants to enter the United States legally. Rather than perpetuating a broken system driven by fear, he envisions a world in which each person's humanity is valued and immigrants are welcomed into U.S. communities.

Americans for Legal Immigration PAC, a known anti-immigrant group, has withdrawn its support for Lou Dobbs (who recently left CNN). ALIPAC says that it is concerned that Dobbs supports a pathway to legal status and eventual citizenship for undocumented immigrants. Dobbs has talked in the media about a possible run for president in 2012 and may be trying to soften his message and reach out to the Latino community for votes, but for the moment it looks as though neither side is interested in having him on board.

I'll leave you with an excellent video making the case for open borders, which I found on the blog I am a shadow. If you haven't read this blog yet, I recommend you do - the author is an undocumented university student sharing his daily lived experiences.

New Reports on Detainee Transfers Outline Chaotic System and Due Process Challenges

Human Rights Watch (HRW) has just released a new report, "Locked Up Far Away: The Transfer of Immigrants to Remote Detention Centers in the United States." This report details the plight of immigrant detainees whose basic rights, including access to legal representation, are compromised due to frequent transfers to detention facilities in remote parts of the country. In HRW's press release, Alison Parker (the report's author and the organization's deputy U.S. director) says, "ICE is increasingly subjecting detainees to a chaotic game of musical chairs... And it's a game with dire consequences since it may keep them from finding an attorney or presenting evidence in their defense."

According to the report:

• U.S. Immigration and Customs Enforcement (ICE) has so far rejected efforts to place enforceable standards on detainee transfers.
• Detainee transfers are becoming increasingly common, more than doubling from 2003 (122,783) to 2007 (261,941). Transfers have significant adverse effects on detainees' access to legal counsel and families, ultimately leading to wrongful deportations.
  
• HRW recommends that ICE should: centralize control of its facilities, instead of continuing to rely on subcontracted facilities such as local jails; turn to alternatives to detention as often as possible; work with the Executive Office for Immigration Review to improve detainees' access to attorneys; and revise current guidelines to prohibit transfers except when necessary under specific conditions.

Research for this report was conducted in collaboration with Transactional Records Access Clearinghouse (TRAC) of Syracuse University, which has released its own report as well. TRAC also has made public a new and highly useful resource that can generate reports on transfer records for specific immigration detention facilities.

In addition, the Constitution Project has released its own report detailing immigration detention conditions and the need to improve access to legal counsel, called "Recommendations for Reforming Our Immigration Detention System and Promoting Access to Counsel in Immigration Proceedings". This document offers an overview of and recommendations regarding certain aspects of detention reform.

All of these reports come at an important time: The Office of Inspector General for the Department of Homeland Security has also just released a report on detainee transfers. "Immigration and Customs Enforcement Policies and Procedures Related to Detainee Transfers" seeks to determine whether ICE detention officers properly justify detainee transfers according to ICE's standards. The report finds that ICE needs to create a national standard on detainee transfers because the current process is inconsistent causing errors, delays, and confusion.

Ultimately, detainee transfers cause hardship for immigrants caught up in the broken immigration system. Transfered to remote facilities away from their families and lawyers, with few ways to communicate with their loved ones and gather materials to argue their case, immigrant detainees face tremendous odds. Moreover, the majority of immigrant detainees are non-criminal yet they are held in jail-like settings and do not have the right to a government-paid lawyer. Comprehensive immigration reform, including detention reform, is desperately needed to restore justice to the U.S. immigration system.

UNHCR Sees 'Positive Development' in U.S. Pursuit of Alternatives to Detention

The United Nations refugee agency, UNHCR, commends the United States government for developing alternatives to detention for immigrants and asylum-seekers, most of whom are currently detained in jail-like settings as their cases are processed. Assistant High Commissioner for Protection Erika Feller, who was briefed by ICE during her visit to the States, called the newest phase of the administration's alternatives to detention program a "positive development."

Although the current immigration enforcement system favors detention as a default, ICE has developed an alternative program known by its acronym ISAP. Earlier iterations of the program were very restrictive, requiring most participants to wear ankle bracelets with GPS tracking. The current version, known as ISAP II, is less restrictive and permits participants to remain at home while meeting regularly with staff for check-ins.

Erika Feller's visit is one piece of the early phase of efforts, on the part of UNHCR, to determine which alternative to detention program is most favorable for asylum-seekers. ICE, for its part, is in the process of working toward expanding its alternative to detention program on the national level. At FCNL, we see this as a positive step toward the ultimate goal of reducing the number of people held in immigration detention centers in the United States.

Most immigrants held in detention centers, including asylum-seekers, are non-criminal and do not present a security or flight risk. Detention is an overly restrictive measure for these populations. At FCNL, we say that there's a better way: alternatives to detention.

FCNL supports alternatives to detention, binding detention standards, and due process protections for detained immigrants. We encourage the administration to establish a presumption against detention by creating real nation-wide community-based alternatives to detention. For more information on alternatives to detention, read our blog series "Stories from Detention."

There's a Better Way: Alternatives to Detention

Stories from Detention - Week 6

Creating alternatives to detention would be a bold step in fixing this country's broken immigration system.  Before we get into alternatives, let's take a brief look back to see what we've learned so far.

We've learned that immigration is a human rights issue.  Protecting the human rights of all immigrants, including those held in detention centers, is critical in order to restore the credibility of the U.S. immigration system.

We've learned that lacking the proper documentation is a civil offense, not a criminal offense.  Even so, undocumented immigrants are being treated as if they were criminals - they are detained in detention centers across the country and deported at times without ever appearing before a judge.  These immigrants deserve better.

We've learned that the conditions in detention facilities are substandard and that members of vulnerable populations are not sufficiently protected.  While these conditions need to be improved, ultimately the number of people held in immigration detention centers must be reduced.

This final post will discuss humane and cost-effective alternatives to detention.

Before we dive into the details, let's watch a video from Human Rights First about the need for alternatives to detention for asylum seekers.  Then we'll take a look at what it will take to create a nation-wide system of alternatives that works for everyone.

In order to move toward a more humane approach to immigration enforcement, the U.S. government should develop alternatives to detention in a systematic way.  Currently, some alternatives exist here and there, but much more could be done to create humane alternatives on a national scale.  A systematic approach to reform will ensure that all immigrants are treated equally.

What would humane alternatives to detention look like?

The first step in creating nation-wide alternatives to detention is establishing a standardized assessment.  When each individual detainee is apprehended, ICE would conduct an assessment that would examine the detainee's risks and needs.  Questions on risks would establish whether the detainee could be considered a flight risk or a threat to public safety.  Questions on needs would determine whether the detainee belongs to a vulnerable population, whether they have a claim to citizenship or legal status, whether they need medical care, and so on.

By conducting this assessment, ICE would have a much better sense of who exactly is in its custody.  The agency would then be well-positioned to consider whether detention is appropriate for each individual.

The next step would be to determine whether it makes sense to detain each individual.  We're not talking about an either-or proposition here, as if either a person is detained or released.  Instead, we're talking about creating a continuum of different alternative-to-detention options.

ICE would use its risk and needs assessment to determine which option is most suitable for each detainee.  That way, ICE would treat each detainee individually instead of using the current one-size-fits-all approach in which detention is the default.

In this continuum, detention would be a last resort.  

Let's start by looking at the least restrictive end of the continuum.  At the far end, immigrant detainees who are non-criminal and do not pose a risk to society could be released on parole.  They would be expected to appear to their court dates on their own.  Others could be released into community-based or faith-based programs, where they would receive support as their cases proceed.  Others could be enrolled in alternative-to-detention programs that would include regular check-ins with an officer or telephonic reporting.  These would be the non-custodial alternatives to detention.

The more restrictive options in the continuum would be alternative forms of detention (as opposed to alternatives to detention).  The most common of these forms is electronic monitoring, through ankle bracelets.  Detainees in these programs could also be expected to check in regularly or adhere to a curfew.  Then, moving up the scale, immigrant detainees could be held in residential facilities.  Finally, those who are deemed a flight risk or a threat to public safety could be held in less restrictive detention facilities or traditional detention facilities as appropriate.

Essentially, detention would no longer be the first option.  It would be the last.  This continuum of alternatives would ensure that detention - an extreme measure - would only be used when it is absolutely necessary.

In political parlance, such a continuum would create a presumption against detention.  The burden would be on the U.S. government to prove why immigrants should be detained, instead of on those in its custody to prove why they should not be detained.

Is this continuum of alternatives to detention possible?

It is not only possible, but necessary.  The current immigration detention system is inefficient, costly, and prone to human rights abuses.  Creating alternatives to detention would improve this system.

Pilot programs for alternatives to detention have demonstrated high levels of compliance, in that almost all participants still showed up for their court dates and removal orders.  If people feel that they're receiving due process, if they respect the system and feel that they've been heard, then they're more likely to respect the final decision on removal.

In addition, creating a nation-wide system of alternatives to detention would save money.  Alternatives cost as little as $12 per person per day, while traditional detention costs, on average, $95 per person per day.  Finally, alternatives would make the system fair by keeping people out of detention who don't belong there.

The ultimate goal is to safely and humanely reduce the number of immigrants in detention.  Creating a continuum of alternatives to detention would be a workable solution that would fix the broken immigration enforcement system and uphold this country's commitment to justice.

So call or write your Representatives and Senators and tell them that the time for immigration reform is now.  Encourage them to include humane detention and due process reforms in comprehensive immigration reform.  Contact the Department of Homeland Security and tell them that the government should use its discretion to create alternatives to detention.  Speak up in church, at school, or at home and tell your community about how to support workable solutions to this broken immigration detention system that disrupts the lives of so many each day.

Want to learn more, or share what you've learned with others?  Check out these resources on detention and alternatives to detention.

The Detention Watch Network is an excellent resource for information on detention and due process.  Click here for their alternatives to detention fact sheet.  Click here for the Rights Working Group fact sheet on detention and due process.

"Jailed Without Justice" is an Amnesty International report on the immigration detention system.  "Seeking Protection, Finding Prison" is a Human Rights First report on asylum seekers in detention.

Wondering whether there's a detention center near you?  Click here to see a map of detention facilities around the country.  Want to get some friends together and visit detainees?  Read this detention visitation manual to learn how to connect your community with immigrant detainees.

To read more stories on detention, visit this website from the Detention Watch Network.

To be neutral in a situation of injustice is to have chosen sides already.

~Archbishop Desmond Tutu

Other posts in this series:

Stories from Detention: Introduction

Rights and Dignity Denied: One Woman's Story

No Human Being is Illegal: Civil Offenses

Searching for Justice: Mandatory Detention

Inside the Walls: Detention Conditions

In Need of Protection: Vulnerable Populations

In Need of Protection: Vulnerable Populations

Stories from Detention - Week 5

If you were in detention, what would your needs be? What if your children had no one to care for them at home? What if you were pregnant? What if you had a heart condition? What if you had been abused?

In our last post in this series, we looked at how the conditions in detention centers often do not meet the basic needs of immigrant detainees. However, detainees' needs differ according to their circumstances. Some people, such as those fleeing persecution or torture abroad, are particularly vulnerable and need additional protections.

Right now, when people seeking asylum try to enter the United States, they are usually detained in county jails, privatized prisons, and ICE-controlled detention centers as their cases are processed. These facilities are highly restrictive. They are not appropriate for asylum-seekers who have already had traumatic experiences. Being held in prison may actually trigger memories of past trauma and cause lasting psychological harm.

For example, let's say you were apprehended in your country of origin for political activism and then tortured in a clinical setting. You flee to the United States but then being held in a facility with cramped cells, fluorescent lights, metal tables, and armed guards could trigger flashbacks, nightmares, depression, and even suicidal thoughts. Basically, the jail-like conditions in detention facilities can aggravate post-traumatic stress disorder for asylum-seekers.

Detainees fleeing persecution must deal with the emotional and physical effects of past traumas while simultaneously trying to take care of their basic needs, such as their health. In this week's video clip, we will hear the story of an asylum-seeker from Cameroon. When she arrived at an airport in the United States, her infant child was taken from her and she was detained for 11 months without appropriate medical care.

Please note: This video clip is mostly audio, without visuals, because this asylum-seeker has chosen to remain anonymous. Please turn up your volume and take the time to listen to her story.



This asylum-seeker did not pose a threat to public safety. Still, the U.S. government held her in a detention center while her asylum claim was reviewed. Meanwhile, her family and her health suffered. She, like members of other vulnerable populations, was caught up in a system that fails to recognize the needs of individual detainees.

Who might be considered vulnerable? Vulnerable immigrants include asylum-seekers, torture survivors, victims of human trafficking, the sick and elderly, LGBT immigrants, pregnant women, families, green card holders, and the parents of U.S. citizen children.

People in these categories are in need of additional protections, which the current system does not provide. The Department of Homeland Security (DHS) does not yet have a national system in place to make sure that vulnerable detainees are treated humanely.

However, DHS recently announced plans to overhaul the immigration detention system. Here are a few specific changes that DHS should make to ensure that vulnerable detainees are protected:

DHS should develop a nationwide assessment that would be conducted for each detainee when they are first apprehended. This assessment would determine the needs and risks for each detainee. That way, DHS would have a much better sense of who's in their custody and what kind of protections and services they may need.

DHS should enforce humane detention standards, including special provisions for vulnerable populations. They should improve oversight in all their facilities - including privatized facilities that they contract out to - to make sure that basic rights are protected and that abuses are not tolerated in the system.

DHS should ensure that immigrant detainees each get their fair day in court. This would mean improving access to lawyers, law libraries, and telephones; making translation services available; and refraining from transferring detainees arbitrarily to other facilities around the country.

DHS should prioritize vulnerable detainees - like the asylum-seeker who describes her experience in today's video - for alternative to detention programs and release into the community. Most immigrant detainees are non-criminal and do not pose a risk to society. They should be held in the least restrictive setting possible.

Next week, in our final post in this blog series, we'll explore what these alternatives to detention might look like. Creating alternatives to detention would be a strong step in fixing this broken immigration enforcement system.

Other posts in this series:

Stories from Detention: Introduction
Rights and Dignity Denied: One Woman's Story
No Human Being is Illegal: Civil Offenses
Searching for Justice: Mandatory Detention
Inside the Walls: Detention Conditions
There's a Better Way: Alternatives to Detention