Showing posts with label immigration courts. Show all posts
Showing posts with label immigration courts. Show all posts

Monday, July 26, 2010

In Our Community: Immigration News



It's been a hot, hot week in DC and immigration has been heating up around the country, with Arizona's new immigration law (S.B. 1070) so close to taking effect. Keep up with the news on immigration from Monday, July 19 to Monday, July 26.

On July 24, advocates created their own ICE checkpoint at Netroots Nation, demanding the "papers" of all white conference participants before they would be allowed to enter the cafeteria. This creative direct action drew attention to the problems of racial profiling in immigration enforcement. One of the people who got stopped said, "Even though it was a total satire, it was right on. And you can begin to get a sense of what that would be like to constantly have the fear that you will be asked to produce papers." The checkpoint was inspired by this direct action, posted on YouTube earlier in the year.

Human Rights Watch has published a new report, "Deportation by Default," which addresses the particular vulnerabilities of immigrants with mental disabilities who are held in jail-like detention centers for months or even years. These immigrants do not have the right to a lawyer and they are often unable to represent themselves. Justice is denied. As Sarah Mehta, the report's lead author, says, "Someone who doesn't know their own name or what country they're from is going through some of the most complicated legal proceedings in the United States with no right to assistance, even when everyone in the courtroom knows they need it."

One in five New York public school districts is requiring immigration papers in order for a child to enroll in school, even though the Supreme Court ruled in 1982 that all children, regardless of legal status, must be given equal access to public education. This discriminatory requirement discourages families from bringing their children to school, for fear of being deported.

The Feet in Two Worlds blog has posted an excellent story, "Listening to Both Sides in Arizona's Immigration Debate," which interviews two individuals on different sides of the immigration debate. It's an important reminder of this basic lesson: Listening to one another helps establish trust, which counters the fear that too often drives the conversation on immigration issues.

The TransAfrica Forum has released a new report assessing the conditions in Haiti, now six months after the devastating earthquake. The displacement camps continue to face "atrocious" conditions, with issues such as flooding, gender-based violence, disease, and access to food, water, and housing remaining severe. FCNL worked to secure Temporary Protected Status (TPS) for Haitians in the United States, which was granted just after the earthquake.

Monday, June 21, 2010

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.

Tuesday, June 1, 2010

In Our Community: Immigration News

Photo from Alto Arizona.

It's been a big week for immigration, with significant highs and lows. The news on immigration from Monday, May 24 to Tuesday, June 1:

On Tuesday, May 25, President Obama announced the decision to deploy 1,200 National Guard troops on the U.S.-Mexico border. He also requested an additional $500 million to enhance border enforcement activities. In 2006, the Bush administration sent 6,000 National Guard troops to the border during Operation Jump Start and, while this current deployment is at a smaller scale, it is still the same enforcement-only approach that hasn't worked in the past.

FCNL strongly opposes the use of the National Guard on the border. Our colleagues on the border have released a powerful statement of opposition as well. Law enforcement, not military personnel, should focus on stopping drug smuggling, arms smuggling, and human trafficking. To deal most effectively with migrants crossing the border, President Obama and Congress should act swiftly to enact comprehensive immigration reform. We've seen that border-only strategies don't work, so why would President Obama keep trying that same tired routine?

We had a big success here on the Hill this week - on Thursday, the Senate voted against three amendments to the emergency war supplemental which would have drastically expanded border enforcement initiatives. Senators McCain (AZ), Kyl (AZ), and Cornyn (TX) had introduced amendments that would have added 6,000 National Guard troops, 6 more drones for surveillance, 3000 new detention beds, and thrown millions of dollars at unworkable deterrence programs. FCNL and our partners acted swiftly to contact members of Congress and our networks generated tens of thousands of grassroots calls. In the end, the Senate rejected all three amendments - but we are still working for decisive action on immigration reform.

On Saturday, May 29, over 100,000 people gathered in Arizona and around the country to oppose the new Arizona law and copy-cat bills in other states. You can see photos and videos here. The message of the people is clear: NO to racial profiling and YES to immigration reform.

Police chiefs from Los Angeles, San Jose, Salt Lake City, Minneapolis, Philadelphia, Houston, Maryland, and Arizona met with Attorney General Eric Holder on May 26 to voice their concerns about the new Arizona law and similar proposals from other states. The chiefs stated that these laws, which virtually require racial profiling, would erode trust between police and their communities and distract officers from their primary tasks. Holder is expected to make a decision soon about whether to challenge the Arizona law in court.

Other highlights from the news:

Detained immigrants are being counted for the census without their knowledge and then deported, while the cities and towns hosting detention facilities are rewarded by receiving more federal money than they would otherwise.

The number of immigration cases in federal courts reached a new all-time high of 242,776 at the end of March and this backlog continues to extend wait times - immigrants now wait, on average, 443 days for their case to be resolved.

Thursday, December 3, 2009

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.

Friday, October 30, 2009

Searching for Justice: Mandatory Detention

Stories from Detention - Week 3

In the last post in this series, we discussed how immigration violations are civil, not criminal offenses. If that is so, then how has it been possible for the number of immigrant detainees to skyrocket in recent years?

Recent immigration laws have deprived immigrants of their dignity and their rights. By denying immigrants the right to a fair day in court, these laws have greatly expanded the number of people detained and deported each year.

In 1996, laws on expedited removal and mandatory detention created some of the most severe failures to uphold justice within the U.S. immigration system. Expedited removal is a procedure that allows immigration agencies to deport certain immigrants without a hearing in front of an independent court. Detention is mandatory during the time it takes to deport these people from the United States.

It is common knowledge that the U.S. government was set up as a system of checks and balances - without the judicial branch, that system would be severely weakened. However, the U.S. immigration system currently lacks this same measure of justice.

Before we get into the history of how expedited removal and mandatory detention were put into place and which immigrant populations are affected by these policies, let's take a look at how this denial of justice affected Warren Joseph, an immigrant from Trinidad. As Joseph's story will demonstrate, mandatory detention can last months, or even years.



Joseph was fortunate that his case was processed and he was eventually able to reunite with his son and remain in the United States. Many are not as fortunate - they are deported, without ever having had an opportunity to argue their case before a judge.

So, who is affected by expedited removal and mandatory detention?

As Joseph's story indicates, immigrants who have been convicted of a crime are subject to mandatory detention. The offenses for which immigrants are detained and deported include minor misdemeanors, such as shoplifting or petty drug possession. These minor misdemeanors may not have required any jail time, but they are still grounds for deportation under current immigration laws.

This policy affects all non-citizens, including green card holders with strong ties to the United States who have previously been convicted of a crime, even if the conviction is for a minor offense and even if - like Joseph - they have already paid their debt to society. They are punished retroactively for crimes they committed years, even decades ago, even for crimes that were not deportable offenses at the time that they were committed.

Mandatory detention also applies to arriving immigrants who do not have the proper documentation and who are unable to establish a "credible fear" of returning to their country of origin.

As I mentioned earlier, immigration laws were passed in 1996 that expanded the scope of mandatory detention and expedited removal. At the same time, the budget for the Department of Homeland Security increased significantly. As a result, the number of immigrant detainees has increased dramatically in the past fifteen years. According to the Detention Watch Network, the U.S. detained approximately 95,000 individuals in 2001. By 2007, over 300,000 people were being detained annually under immigration laws. By the end of 2009, that number will have increased yet again to more than 440,000 immigrant detainees.

Mandatory detention and expedited removal, policies that affect thousands of people's lives each year, are actually illegal under international law because they do not grant detainees a fair day in court. According to the United Nations Human Rights Committee and the United Nations Working Group on Arbitrary Detention, detention is arbitrary if it fails to consider individuals' personal circumstances. Mandatory detention therefore violates international law. The United States has signed onto international treaties, including the Universal Declaration of Human Rights, which prohibit arbitrary detention.

The vast majority of people who are subject to mandatory detention and expedited removal do not have access to a lawyer. Overall, 84% of immigrant detainees do not have legal representation. In addition, mandatory detention does not allow detainees to appear before an impartial judge. People are routinely deported under mandatory detention without any consideration of their personal situation, such as whether they have young children in the United States or whether they would be in danger if returned to their country of origin.

Here at FCNL, we maintain that mandatory detention and expedited removal must be ended, in order to restore justice to the U.S. immigration system.

In order to restore fairness to the immigration system, we urge Congress to pass a bill that ends these fundamentally unjust policies. Such a bill should give immigration judges discretion to make case-by-case decisions on whether individuals should be detained. Alternatives to detention should be put into place on a national level. In addition, it is important to push back against bills that would expand the criteria for mandatory detention even further.

We also urge the Department of Homeland Security to take immediate steps to ensure that immigrant detainees have access to lawyers and law libraries. Detainees currently face huge obstacles in finding legal assistance because they are held in isolated areas, often without interpreter or translator services, and have limited access to telephones. The next post in this series will address our concerns regarding detention conditions in greater detail.

Justice is denied to immigrants under the mandatory detention and expedited removal policies. There is no place for this kind of injustice in a fair immigration system.

Monday, September 14, 2009

In Our Community: Immigration News

Here are highlights of the news on immigration from Tuesday, September 8 to Monday, September 14. Enjoy!

If you read only one article on immigration from this week, read the story of Xiu Ping Jiang, a Chinese immigrant with a history of mental illness who was detained in solitary confinement, without representation by a lawyer, for a year and a half. Ms. Jiang fled China in 1995 after being forcibly sterilized. She was detained despite having no criminal record. Her hardship, as the article mentions, could have been avoided if immigration courts had the same standard protections for persons with mental disabilities as all other courts. As it stands today, there is no procedure for establishing mental competence in immigration cases, and the courts are not required to provide persons with mental disabilities with legal representation. For immigrants in detention, the experience of being detained can itself be traumatic. For those who already face mental health issues and receive little or no treatment in detention, the experience can be devastating. Read this letter asking Attorney General Holder to provide protections in immigration courts for individuals with mental disabilities.

A New York Times article on Mustafa Salih's plight puts a human face on the bureaucratic backlog which causes many immigrants to wade through the legalization process for years before gaining citizenship. As the article reports, Salih immigrated to the U.S. in 1991, became a legal permanent resident four years later in 1995, and has been waiting since then to become a citizen. He and 150 of his peers who belong to the same mosque in Falls Church, VA, are in a sort of bureaucratic limbo in which it is unclear why they have not yet been granted citizenship. The article raises questions as to whether this bureaucratic backlog unfairly prolongs the wait time for Muslim applicants, many of whom have been told that they must wait indefinitely until an unspecified "background check" has been completed. To date, Salih has waited eighteen years to become a U.S. citizen.

In the aftermath of the May 2008 raid in Postville, IA, in which 389 workers were arrested and detained, and eventually deported, a Jewish organization in Postville seeks to move forward. The organization has crafted a postcard to be sent to the meatpacking plant at which the raid took place. The message: to improve working conditions, communications, and consumer confidence in the coming year.

The Black Alliance for Just Immigration and the Haiti Action Committee are calling for support in their quest for Haitians to receive Temporary Protected Status (TPS) in the United States. TPS is a temporary provision that would permit Haitians to remain in the United States for a limited time as their country rebuilds from the 2008 hurricanes that devastated its communities, infrastructure, and economy. The humanitarian crisis in Haiti would only be aggravated by the deportation of Haitians currently residing in the United States.

In terms of legislative updates, we have some new cosponsors on board! Senator Al Franken (MN) and Representative Laura Richardson (CA) have signed on as cosponsors for the Uniting American Families Act (S. 424, H.R. 1024). Representatives Steve Cohen (TN), Edolphus Towns (NY), Bobby Scott (VA), George Miller (CA), and John Lewis (GA) have each signed on as cosponsors for the Reuniting Families Act (H.R. 2709). Even though health care reform will be the primary issue addressed in Congress this week, support for components of comprehensive immigration reform is building.

Will Coley and the Asian Pacific American Legal Center have put together a series of short documentaries on the challenges and successes for immigrants seeking to learn English. In this video, volunteer teachers speak about their passion for teaching English as a second language and their respect for the determination that they see in their students. The primary value of this video, as I see it, is its ability to demonstrate how learning English does not have to be a one-way assimilation tactic. Instead, it can be a rich cultural exchange that benefits both teachers and students alike. As one of the volunteer teachers in the video says of her students, "I value you, who you are, and what you have to teach me, and I think it can only lead to better things."

Monday, June 22, 2009

Last Week: In Our Community

We are a little behind because of Alex's trip to New Mexico, but we've done our best to catch up today. Stories below come from as far back as June 5, all the way up to news from this past weekend.

The Transitional Records Access Clearinghouse reported last week that a shortage of immigration judges has led to a 19 percent increase in backlog of pending immigration cases since 2006 and a 23 percent increase case resolution time. TRAC reports that only 4 more judges have been hired since August 2006, despite the fact that 351,477 cases were received in 2008. At the end of the fiscal year 2008, 186,342 immigration cases were still pending. A few hundred of those affected by lengthy backlogs will be relieved to hear that the new administration has decided to temporarily suspend the policy of deporting widows of U.S. citizens, at least until they tackle immigration policy on a larger scale.

Similarly, a new study conducted by Appleseed, a non-profit advocating for reform of the justice system, reports that low levels of professionalism accompanied by a lack of law clerks has indeed bogged the immigration courts down and obstructed justice for many. The study reports that a mere .0155% of immigration cases involve terrorism or national security concerns, and cases involving any type of criminal behavior amounts to 13% of all cases heard.

Of particular interest to us at FCNL and other faith-based advocacy groups across the nation: Benjamin Knoll, a graduate student at the University of Iowa has arrived at an interesting conclusion in his master's thesis. Knoll has found that the more often people say they attend worship services, the more likely they will have a liberal attitude towards immigration reform.

Also last week, America Fraternity, a Miami nonprofit, held a birthday party for 10-year-old Ronald Soza, who is suing President Barack Obama. Soza, along with 100 other U.S citizens whose parents face deportation, is asking the courts to halt the deportation of their parents until Congress overhauls America's current immigration policy.

On Wednesday, religious leaders with ties to immigrant communities met in Washington and held a prayer vigil in anticipation of President Obama's meeting on immigration scheduled for this week.

Jacqueline Stevens from 'The Nation,' reports from Arizona, where she attempts to gain entry to clandestine deportation hearings. In order to watch deportation proceedings in Eloy, Arizona, a member of the public must submit to a 2 week pre-screening background check, which is bloated with many bureaucratic steps.

Amnesty International reports on human rights abuses in detention facilities, including physical violence, deprivation of legal assistance, substandard medical care and use of restraints. Across this country, ICE houses more than 30,000 detainees each night for a myriad of reasons in substandard living conditions. A compelling case in point comes to us from Atlanta, where on June 11 activists from Georgia Detention Watch conducted a vigil for Roberto Martinez Medina, 39, who died on March 11 in a Georgia Detention Center. There was no investigation into Medina's death. ICE reported that he died of "apparent natural causes." In spite of this, ICE has plans to build a new 1,500-inmate federal immigration prison in Arizona this year. The construction of this new prison will help ICE detain almost 440,000 immigrants this year, up from 311,000 in 2008, reports the ACLU.

The U.S. Dept. of Health and Human Services signed a contract with a Union County, NJ juvenile detention center which would house 15 undocumented immigrant minors with criminal records. The facility would provide a secure setting for the young men, ages 12-17.

The Tenneseean ran a story last week about Irving Palomo, a U.S. Citizen of Mexican descent who gained his citizenship from the little-known 'citizenship-by-derivation' clause. After 15 days where he was taken 264 miles from home against his will, Palomo was released and told to find his own way back to Nashville. Another personal story comes to us from the San Antonio Express-News, where Rama Carty, 39, a legal permanent U.S. resident in detention for a drug charge, faces deportation to Haiti, a country he has never been to. Carty was born in the Republic of Congo to Haitian parents, and was transferred to another detention center after his outspoken complaints about conditions in his detention center spurred an investigation of the facility by Amnesty International. Outside the gates of Rama Carty's detention center, one unidentified person conducts a hunger strike.

In an uplifting story of family reunification, a Sudanese family reunites in Brooklyn.

Last but not least, a 'desktop raid' in California leaves workers devastated and jobless.
Thanks for reading!

Monday, April 6, 2009

Last Week: In Our Community (Mar. 30- Apr. 6)

Immigration news and updates from Monday March 30 through Monday April 6.

Tragedy at American Civic Association in Binghamton
This blog post from The Sanctuary captures the deep sadness felt by the immigrants' rights community after Friday's shooting in Binghamton, NY at the American Civic Association, an organization which helped immigrants and refugees prepare for their citizenship exams. It has brought together statements from immigrants' groups across the country.

Immigrant Detainee Dies, and a Life Is Buried, Too
This front-page article from the NY Times demonstrates how immigrants can fall through the cracks of the U.S.' swiftly growing immigrant detention network. Ahmad Tanveer, a Pakistani New Yorker died on September 9, 2005. But it was not until March 20 of this year that Immigrations and Customs Enforcement acknowledged his death and that it had been overlooked.

Evangelicals for Immigration Reform
After speaking at the book release of Matthew Soerens and Jenny Hwang's new book "Welcoming the Stranger: Justice, Compassion and Truth in the Immigration Debate," Leith Anderson--the president of the National Association of Evangelicals--took the time to post on the Washington Post's Post on Faith Blog. He believies that immigration policy should be important to evangelicals because, first, of "what the Bible teaches about treatment of 'aliens in the land'" and second, because "so many Hispanic, African, and Asian immigraants are evangelical Christians...They are us."

Farm Workers' Rights, 70 Years Overdue
This opinion piece in the NY Times calls for farm workers' rights, which have been put off and denied since the 1930s. As the article states, the massive inequality in farm work is a "perverse holdover from the Jim Crow era. Segregationist Southern Democrats in Congress could not abide giving African-Americans, who then made up most of the farm and domestic labor force, an equal footing in the workplace with whites. "

Immigrants in the United States and the Current Economic Crisis
This publication by the Migration Policy institute carefully examines historical flows of migration through varying legal (and unauthorized) channels to provide insight into how these groups might behave in the current recession.

Immigration Courts Face Huge Backlog
This article begins by stating "The nation's immigration courts are now so clogged that nearly 90,000 people accused of being in the United States illegally waited at least two years for a judge to decide if they must leave..." Others wait more than five years and some even wait a decade. In many of these cases, immigrants must wait in detention centers which have become known for their substandard conditions. In response to the backlog, courts have begun "fast-tracking" immigrants through the system which often results in the violation of their rights.

Citing Census, Hispanics Urge Immigration Reform

Fearing Latinos will be overlooked by traditional census outreach, Hispanic groups are urging the Obama administration to pass immigration reform or "risk an undercount of millions of people."

Foreign Ways and War Scars Test Hospital
This article tells the story of how the Hennepin County Medical Center in Minneapolis, MN has learned to address the challenges posed by an increasing immigrant population.

Rahm's Rabbi, Michelle's Cousin Join 'Progress by Pesach'

Chief of Staff Rahm Emmanuel's rabbi and Michelle Obama's cousin were two of five speakers pressing for humane comprehensive immigration reform at a press conference last week.

Don't Deport Benita Veliz
This NY Times article tells the compelling story of Benita Veliz, a 23-year old woman who came to the United States from Mexico when she was 8-years old. She went on to graduate valedictorian of her high school class and then went to St. Mary's University on a full scholarship. While she would like to go on to law school, a fateful encounter with a police officer after supposedly taking a "rolling stop" through a stop sign put her in the hands on immigration enforcement. If the DREAM Act were passed, Benita Veliz could gain legal status.