New reports document discriminatory government treatment of Muslims in America

From our Restore Fairness blog-

Guest blogger: Amna Akbar, Senior Research Scholar & Advocacy Fellow at the Center for Human Rights and Global Justice at NYU School of Law, and co-author of both reports mentioned below.

Cross-posted from Rights Working Group.

There are visible and less visible ways the government has targeted Muslims, Arabs, and South Asians since September 11, 2001. With the death of Osama bin Laden, however, mainstream pundits, commentators, and lawmakers have attempted to push us to forget the damage and the grief this “war on terror” has brought to our communities—and to immigrant communities and communities of color more broadly.

The “war on terror” has provided a rationale and an argument for an augmentation of state power.  As in prior historical moments, the brunt of increased state power has fallen on vulnerable communities.

But it is important to remember and account for the ways in which our families and communities have been marked and have suffered.  To grieve for the ways in which we have had to change.

This past month, the Center for Human Rights and Global Justice (CHRGJ) has released two reports documenting, remembering, and memorializing.  Both reports raise serious human rights concerns.

Under the Radar: Muslims Deported, Detained, and Denied on Unsubstantiated Terrorism Allegations– which we released with the Asian American Legal Defense and Education Fund (AALDEF)– draws on interviews with attorneys and community-based groups, court documents, and media accounts to identify five key under-documented patterns of how the U.S. government has discriminatorily abused the immigration legal system against Muslim immigrants.  The patterns we document include the U.S. government’s use of unsubstantiated terrorism-related allegations without bringing official charges in cases involving ordinary immigration violations.  These practices prejudice the immigration judge and place the Muslim immigrant in a precarious situation where he is unable to defend himself against the allegations.  As a result, he is often pressured to self-deport.

Another pattern we document is the U.S. government’s use of flimsy immigration charges.  For example, the government often uses false statement charges for failure to disclose tenuous ties to Muslim charitable organizations in a way that seems to target Muslim immigrants for religious and political activities and affiliations.

The overall effect of these practices is that religious, cultural, and political affiliations and lawful activities of Muslims are being construed as dangerous terrorism-related factors to justify detention, deportation, and denial of immigration benefits.  The government seems to be targeting Muslim immigrants not for any particular acts, but on the basis of unsubstantiated innuendo drawing largely on their religious and ethnic identities, political views, employment histories, and ties to their home countries.

The patterns outlined in Under the Radar seem to be guided by racial and religious stereotypes, in a way that constitutes discrimination in violation of U.S. obligations under international human rights law.  The patterns also suggest the United States is failing to uphold its international human rights obligations to guarantee the rights to due process; liberty and security of person; freedom of religion; freedom of expression and opinion; and the right to privacy and family.   CHRGJ and AALDEF call on the government to put an immediate stop to the discriminatory targeting of Muslims through the immigration system, to provide greater transparency and accountability for immigration policies and enforcement.

Targeted and Entrapped: Manufacturing the ‘Homegrown Threat’ critically examines three high-profile domestic terrorism prosecutions and raises serious questions about the role of the Federal Bureau of Investigation (FBI) and the New York City Police Department (NYPD) in constructing the specter of “homegrown” terrorism through the deployment of paid informants to encourage terrorist plots in Muslim communities.  Focusing on the government’s cases against the Newburgh Four, the Fort Dix Five, and Shahawar Matin Siraj, the report relies on court documents, media accounts, and interviews with family members of the defendants to critically assess the government’s practices.  The report also, lays bare the devastating toll these practices have had on the families involved.

In the cases we examined, the government sent paid informants into Muslim communities, without any basis for suspicion of criminal activity.  The government’s informants introduced, cultivated, and then aggressively pushed ideas about violent jihad, encouraging the defendants to believe that it was their duty to take action against the United States.  The informants also selected or encouraged the proposed locations that the defendants would later be accused of targeting, and provided the defendants with—or encouraged the defendants to acquire—material evidence, such as weaponry or violent videos, which would later be used to convict them.  The defendants in these cases have all been convicted and currently face prison sentences ranging from 25 years to life.

The families caught up in these abusive government practices have been torn apart. As a result of these prosecutions, they have lost their loved ones to prison, but they have also been branded as families of terrorists. They have lost jobs, family, and friends. Though many of them are organizing for change, the devastating impacts cannot be overestimated.

A number of cases around the country, raising similar concerns, suggest that these practices are illustrative of larger patterns of law enforcement activities targeting Muslim communities.  The report considers key trends in counterterrorism law enforcement policies that have facilitated these practices, including the government’s promulgation of so-called radicalization theories that justify the abusive targeting of entire communities based on the unsubstantiated notion that Muslims in the U.S. are “radicalizing.”  The prosecutions that result from these practices are central to the government’s claim that the country faces a “homegrown threat” of terrorism, and have bolstered calls for the continued use of informants in Muslim communities.

These practices are violative of U.S. obligations to guarantee, without discrimination, the rights to: a fair trial, religion, expression, and opinion; and effective remedy. The report calls on the government to stop discriminating against Muslims in counterterrorism investigations; to hold hearings on the impacts that current law enforcement practices are having on Muslim communities; and to revise the guidelines that currently govern FBI and NYPD activities and allow for such abusive practices to go unchecked.

Both reports raise serious concerns about the ways in which the U.S. government is marking Muslims and Muslim communities as particularly dangerous.  These practices have taken profound tolls on our communities.  The need to remember, and to remain vigilant, remains.

Learn. Share. Act. Go to restorefairness.org.

 

DHS announces investigation of the misnamed "Secure Communities" program

 

From our Restore Fairness blog-

In a move that has been widely welcomed by advocates for fair immigration policies, the Department of Homeland Security's (DHS) Office of Inspector General announced this week that they plan to carry out an investigation of ICE's Secure Communities program. Since the introduction of this program, ICE has faced criticism for many aspects of it, most importantly the lack of transparency and clarity with which ICE has executed the program. Representative Zoe Lofgren (D-San Jose), who has been instrumental in demanding the review of the highly controversial "Secure Communities" program, called on DHS to launch the investigation immediately following allegations that ICE had disseminated misleading information over the specifics of the program.

In a joint press release from the Center for Constitutional Rights (CCR) and National Day Laborer Organizing Network (NDLON), the CCR attorney Sunita Patel said-

"The worst part of ICE's lack of transparency and accountability in the development and deployment of S-Comm is that every day S-Comm tears families apart and spreads fear in immigrant communities across the nation. ICE's conduct belies a fundamental lack of respect for democracy and the people that are impacted by its harsh policies."

Established in 2008, the Secure Communities program is DHS’s latest attempt to use local law enforcement to push people into the immigrant detention system. As per the program, all local law enforcement has to do is arrest someone on an offense, minor or major–  and before the person is even convicted of the offense – their fingerprints are checked against federal immigration databases. If the fingerprint scan gets a “hit,” immigrants can end up getting carted off by Immigration and Customs Enforcement to an immigration detention center, putting them in for deportation proceedings. The lack of due process sets the stage for racial profiling without any proper training or real consequences for police agents. Many local law enforcement officials and counties have sought to opt-out of the program on the grounds that it leads to mistrust between the community and law enforcement, in addition to being an inefficient way of enforcing immigration laws.

Moreover, recent data about the program, released by ICE in response to a Freedom of Information Act lawsuit by the National Day Laborer Organizing Network, Center for Constitutional Rights and the Kathryn O. Greenberg Immigration Justice Clinic of the Benjamin Cardozo School of Law, contradicts ICE's claim that the program is targeting high-level, dangerous criminals.

Based on a recent analysis of this data, Bridget Kessler of Benjamin Cardozo School of Law said-

Nationally, 1 in 4 people deported under S-Comm haven’t been convicted of any crime. That ratio jumps to over 50% in Boston, certain areas of California, and in multiple examples across the country.Those numbers raise questions about how S-Comm may allow local police to cover up profiling and circumvent due process.

The latest data analysis,  ICE's lack of accountability and transparency around the program, along with the slew of critiques of the program from law enforcement officials, local government officials and immigration advocates indicates that, contrary to its name, Secure Communities is a program that makes people feel less safe, hurting the trust that is a cornerstone of an effective law enforcement system in a diverse country such as this.

This storm of objections over ICE and its Secure Communities program comes at a time when the U.S demographics are evolving rapidly and highlighting the ever pressing need for fair and just immigration reform that acknowledges the vastly diverse immigrant population of this country. The 2010 Census pointed to a significant increase in the minority (non-white) populations in the U.S., up from 31% in 2000 to 39% according to the latest numbers. Four states - California, Hawaii, New Mexico and Texas - now have minority populations that exceeded 50%, with Texas being the latest addition in this census. Painting a picture of the rapidly evolving demographic of our country, the Census results highlighted a dramatic increase in the Latino and Asian populations. While the Latino group grew by 3.1% to 48.4 million becoming the largest minority, the Asian population went up by 2.5% to 13.7 million. The African-American population grew less than 1% to 37.7 million, becoming the second-largest minority. Perhaps more interestingly, the fastest growing demographic was of those who identified themselves as "two or more races." The Census reported that 9 million Americans identified as being multiracial, comprising 2.8% of the US population, a 3.2% increase since the last time. However, some estimate that the actual number is much higher, owing to people who picked one race over another or are simply unaware that they are multiracial.

Since the 1967 Supreme Court decision that repealed anti-miscegenation laws across several states, deeming them unconstitutional, there has been a considerable increase in the number of interracial couples and mixed-race children. The increase has also been spurred, in a large part, by the stream of immigrants that have made this country their home. It is time that the government makes sweeping changes to its policies towards immigrant populations, and ensure an end to harsh enforcement practices that break down the trust between communities and law enforcement, and endanger the safety and security of families. To lend your voice to ending the Secure Communities program, sign the NDLON petition at change.org.

For a lighter take on this issue, watch a segment on immigration reform from 'The Daily Show with Jon Stewart.' Stewart introduced Al Madrigal, a Mexican-American comedian who debuted as their new “Señior” Latino Correspondent. For his first report, Madrigal chose to focus on immigration reform.

Learn. Share. Act. Go to restorefairness.org.

Native American identity & rights - past, present and 2049

From our Restore Fairness blog-

"Nothing is as sweet as self-determination." - Zia, a character in Breakthrough's America 2049.

This week, in Breakthrough's Facebook game America 2049, players continue their mission in the fictional country, Independent Pueblo Nation, that has seceded from America. Players meet Zia, the Secretary of State for the Pueblo Nation, and discover the plight of the Native Americans historically as well as in the future. Zia is fighting for the right to self-determination of the Native American peoples.

The theme stems from the very foundations of our country and the periodic mistreatment of Native American tribes since then. The future in America 2049 may be dystopic, but it synthesizes our past with a potential future where history not only repeats itself but is also reversed. The Independent Pueblo Nation in America 2049 forms in what is now the American southwest and enforces strict immigration regulations against Americans trying to enter the newly formed republic. Among the many artifacts of Native American struggles in the past, a painting depicting 'The Trail of Tears' provides the most notable bridge to history. Starting in 1838, the Cherokee nation was forced to relocate from their home in southeastern United States to internment camps and Indian Territory, which is present-day Oklahoma. Their treacherous march over such a long distance and through harsh conditions claimed the lives of an estimated 4,000 people. In 1987, Congress designated the Trail of Tears National Historic Trail, and since 1993, the National Park Service (NPS) and the Trail of Tears Association have been working together to remember and commemorate the struggles of the Cherokee people.

Watch a message from 'M,' a character in America 2049, as she speaks about the historical treatment of Native Americans and their condition in America of the future.

Native American rights have come a long way today and the various tribes and communities proudly contribute to the diverse fabric of America. Most recently, the Chahta tribe in St. Tammany Parish, New Orleans, have received an award from the U.S. Department of Commerce, Bureau of Census, for its support in "raising awareness of and inspiring participation in the 2010 census." Chief Elwin ‘Warhorse’ Gillum of the Tchefuncta Nation was happy with the outcome of the 2010 Census, and emphasized the importance of allowing Native Americans to be self-identify their tribal affiliations. Gillum emphasized that more work still needs to be done, in time for the next census, so even more Native Americans can be identified in the count. Stressing the importance of holding on to American Indian heritage and identity, Gillum said-

If a chicken laid an egg, I don’t care if a duck sat on it, it’s still going to hatch a chicken. My grandmother was Indian, I am still an Indian today...If they can change a chicken into another bird before it hatches, I’ll let them change my race... People have fought all their lives to tell their children who they are. We are not altering history, we are confirming it. We’re eliminating racial barriers [to document all the Native American tribes].

It is important that we maintain the progress on the rights of Native Americans in our country, to avoid a return to the past or an even more troublesome future, such as the one America 2049 alerts us to. Despite many positive moves towards ensuring equal rights for these communities, some incidents do threaten this progress. In a recent development in New Mexico, for example, members of a Navajo group are claiming that the Nuclear Regulatory Commission's granting of a uranium mining license on land surrounded by the Navajo Reservation is tantamount to human rights violations. The Navajo group claims that the mining will contaminate their water supply, causing them long term health problems. Such issues hint at a past where Native American rights were regularly infringed upon for the sake of development. In an ongoing climate where the situation is considerably better than it was in the past, such incidents must be addressed swiftly and fairly to ensure an even better future ahead.

We leave you with a Pueblo Indian prayer that speaks of faith and resolve, a sentiment that applies to each one of us as we work towards a future of equality, dignity and justice-

"Hold on to what is good, even if it's a handful of earth. Hold on to what you believe, even if it's a tree that stands by itself.
Hold on to what you must do, even if it's a long way from here.
Hold on to your life, even if it's easier to let go.
Hold on to my hand, even if someday I'll be gone away from you."

Like America 2049 | Follow America 2049 | Like Breakthrough | Follow Breakthrough

Learn. Share. Act. Go to restorefairness.org.

 

Momentum is building for immigration reform

From our Restore Fairness blog-

Could the conversation about immigration finally be changing?

Following the Obama administration's determination in February that the Defense of Marriage Act (DOMA) unconstitutionally discriminates against same-sex couples, Attorney General Eric Holder last week requested that the immigration appeals court consider granting legal residency to an Irishman in a civil union with an American man. A Newark judge also suspended the deportation of Henry Velandia of Venezuela-- who is married to  American, Josh Vandiver-- in order to allow time for the court and the Department of Justice to determine under what circumstances a gay partner might be eligible for residency. These recent steps are a welcome indication that the Obama administration is working toward a fair and just policy towards bi-national same-sex couples.

In 2009, Restore Fairness used the power of documentary to tell the story of one such family, who was facing separation because their domestic partnership wasn't recognized under DOMA. The video gives a voice to Shirley Tan, who came from the Philippines decades ago and built a life with her partner Jay, giving birth to twin boys and becoming a full-time mother. When we spoke to her, Shirley faced the biggest challenge of her life as she fought to stay on in the United States, crippled by laws that do not allow gay and lesbian couples to sponsor their partners.

Watch the Restore Fairness video of Two Moms Fighting to Stay Together.

In another positive step for immigration, the state of Illinois last week became the first state to entirely opt out of the so-called "Secure Communities," which requires local police to send fingerprints of all arrestees to federal immigration databases, with immigrants who are found "deportable" being directly pushed into the deeply flawed detention and deportation system. This costly program threatens to reduce trust between local law enforcement and communities, encourage racial profiling and separate families. However, despite Illinois Gov. Quinn's decisive announcement, and increased resistance from states and police departments across the country, the Department of Homeland Security has said that they will not allow Illinois to withdraw. In another indication that partnerships between ICE and local law enforcement are on the increase, Georgia Governor Nathan Deal signed into law on May 13, an immigration bill that would give local police the authority to question suspects about their immigration status. This law, which is being compared to Arizona's SB1070, could lead to decreased trust between local police and communities, and increase the occurrence of racial profiling. The law has been met with much criticism already. Jerry Gonzalez, executive director of the Georgia Association of Latino Elected Officials, reacted-

Today is a dark day for Georgia. Our concern stems from the very serious economic repercussions that will be felt against our state on numerous fronts and the very serious civil and human rights abuses that will also likely follow...

This trend of states being given greater control of immigration policies, which is actually a federal issue, signals a threat to the otherwise positive momentum in the immigration movement. Joining the opposition to the "Secure Communities" program 38 lawmakers earlier this week sent a letter to New York Governor Cuomo urging him to terminate Secure Communities in New York State. Religious leaders from many faiths, joined by advocates and community members, yesterday held a vigil outside Governor Cuomo's Manhattan office, to request him to stop unjust deportations. Speakers at the vigil applauded Illinois for withdrawing from Secure Communities and urged New York to protect New York's immigrant communities by doing the same. You too can take action against Secure Communities, contact your state Governor to help your state withdraw from the program.

In another update, Senator Durbin (D-IL) and Senator Reid (D-NV) yesterday introduced the DREAM Act in the 112th session of Congress. If passed, it could positively impact the lives of 2.1 million young people in the United States. Despite the regained impetus of the DREAM Act this year, the movement lost the support of its third and final Republican politicians. Senator Dick Lugar (R-IN) abandoned his previous support for the DREAM Act and joins Representative Jeff Flake (R-AZ) and Senator John McCain (R-AZ) who have already denounced their support. Senator Lugar blamed President Obama's increased politicization of the issue for his withdrawal, even though it seems he has made the decision because of a rising Tea Party challenger in the Primary. However, many feel optimistic about the renewed chances of the bill this year. The DREAM Act's failure in Congress last December was a huge disappointment, but the movement, supported by President Obama, is only getting stronger. And with your support, we can take this step forward in ensuring that young people who have worked tirelessly to build their lives in America- and contribute to the society- enjoy the rights they deserve.

The passage of the DREAM Act would benefit people like Emilio, a young man who was brought to the U.S. by his parents at the age of six. Speaking about his American identity, the only one he has ever really known, Emilio said-

“I went through elementary, middle, and high school in North Carolina, and it is the only place that I call home.  I graduated from high school in 2010 as one of the top ten students in my class, as an honor student, an AP scholar with hundreds of hours of community service, and I was awarded a full-ride scholarship to my first choice university.  However, unless the broken immigration system is fixed, when I graduate from college in four years I won’t be able to use my college degree.  My dream is to give back to my community.”

Immediately prior to the re-submission of the DREAM Act in Congress came a speech by President Obama to border communities in El Paso, Texas earlier this week. Obama reiterated his commitment to fair and just comprehensive immigration reform. He expressed his support for the DREAM Act, for keeping families together, and for visa reform. While this is not the first time we have heard these commitments, there is no denying the positive momentum that is building toward preventing the injustices caused by a broken immigration system. When we deny fairness to some, we put all of our rights at risk. Join Restore Fairness in our commitment to telling stories, inviting conversation, and inspiring action that will help America move even further in the right direction.

We strongly believe in the power of using culture to change culture. We're using our new Facebook game, America 2049, to weave human rights issues-- especially racial justice and immigration-- into each week of game play. As we continue to tell these stories in the hope of changing the conversation, we ask that you play America 2049, and join the dialogue and action that will move us forward.

Learn. Share. Act. Go to restorefairness.org.

Fictional ban on interracial unions and abortion in America 2049 becoming all too real today

From our Restore Fairness blog-

Games, it turns out, imitate life — sometimes eerily so — just as history so often threatens to repeat itself. This week, Breakthrough’s ongoing Facebook gaming event, America 2049, tackles two major issues that become linked within the narrative of the game: interracial unions and abortion. During gameplay, players encounter the story of Bonnie, a privileged white Southern woman who is pregnant with the child of a black man: the product, that is, of an illegal relationship. But that’s not the only reason she’s in hiding; she’s also at risk of being forced to abort her baby as a “mercy” (”A baby like that wouldn’t know who its own kind is,” her father says), even though abortion too is illegal in this scenario. That’s where class comes in, too: it’s made clear that while families like hers have access to skilled abortion care, women less fortunate — and forced to seek out back-alley providers — die at a rate of 180,000 per year.

Sounds a lot like our pre-Roe v. Wade past, but also, more and more, like our near future. Last month, a Public Policy Polling survey (PDF) found that a majority of Republican voters in Mississippi would support a ban on interracial marriage. Meanwhile, on May 4, all House Republicans and 16 Democrats voted to pass H.R.3, the so-called “No Tax Payer Funding for Abortion Act,” which Ms. Magazine has called “misleading and punitive.” (For one thing, there is no federal funding of abortion.)

The bill will now go to the Senate, which is Democrat-controlled, leading many to believe that it will likely not pass. The Obama administration has also promised to veto the bill if it comes across the President’s desk.

The Mississippi poll results and the H.R.3 passage in the House happened independently, but their timing is apt. The scenario explored in America 2049 connects back to our country’s history of anti-miscegenation laws, which were not repealed until 1967. The story of Bonnie, the character in the game, echoes that of an interracial married couple Richard and Mildred Loving, whose fight for equality led to the historic 1967 decision to legalize interracial unions.

The Lovings are the subject of the new documentary The Loving Story that screened recently at the Tribeca Film Festival in New York and will air on HBO in February 2012. Richard Loving, a white man, met Mildred Jeter, a woman of African and Native American ancestry, in 1951 in a small town in Virginia. When Mildred was 18, she became pregnant. She and Richard went to nearby Washington, D.C. and got married, since Virginia laws at the time prohibited interracial marriage. A few weeks later, back in Virginia, the Lovings were arrested for their union and banished from the state for 25 years. The Lovings reached out to legislators and advocates in Washington, D.C. and, after a long fight, they won their right to be together. On June 12, 1967, the U.S. Supreme Court struck down all remaining state anti-miscegenation laws and the Lovings returned to Virginia to live out the rest of their lives. The anniversary of the date, June 12, is now celebrated as “Loving Day“ by some interracial couples and increasing numbers of same-sex couples, who are currently fighting for their own right to marry.

Watch a testimonial by Bonnie, a character in America 2049, who speaks about the danger she is in for being in an interracial relationship and being pregnant with an interracial child.

The right to choose whom to love or marry; the right to control one’s body and future: they’re intimately linked. And at present — with H.R.3 only one of numerous legislative attacks on women’s human rights today — the latter truly hangs in the balance.

As Nancy Northup, president of the Center for Reproductive Rights, commented:

”True to form, the House majority has cast a wide net in its attack on women’s health and rights — this time, trying to use the tax code to eradicate all insurance coverage for abortion. This move is the height of hypocrisy, because politicians who regularly rail against big government today voted to raise taxes on millions of families and small businesses — merely to stop them from purchasing insurance plans that cover abortion.”

Nancy Keenan, president of NARAL Pro-Choice America, added:

”Despite facing intense public backlash for bringing the government to the brink of shutdown over defunding Planned Parenthood, Speaker Boehner and his allies have resumed their war on women with the passage of H.R.3. This bill is so extreme that it manipulates the tax code to advance anti-choice policies and could spur the IRS to audit rape and incest survivors who choose abortion care.”

The H.R.3 bill also affects the rights of physicians and their freedom to properly care for their patients. While women’s rights are greatly affected by this potential piece of legislation, the providers who would administer the abortions safely will be even more restricted and possibly at greater risk. The Physicians for Reproductive Choice and Health (PRCH) is one such group of providers who have committed to providing reproductive medical care, especially to those who with limited financial means. The organization supports the right of their doctors to deliver such care without becoming a target. Last night in New York, the PRCH Abortion Provider Awards recognized the dedication, compassion and tenacity of Dr. Eleanor Drey and Dr. Curtis Boyd. Said Dr. Boyd: “We are now facing the most repressive and aggressive legislation against women that we’ve seen since the 1950s.” How will we treat women and families of all sorts in the 2050s? You decide.

Photo courtesy of america2049.com

Like America 2049 | Follow America 2049 | Like Breakthrough |  Follow Breakthrough

Learn. Share. Act. Go to restorefairness.org

 

“With Osama Bin Laden dead, can we have our rights back?” – How the effects of 9/11 could lead to America 2049

From the Restore Fairness blog-

On Sunday, May 1, President Obama announced the death of Al Qaida leader Osama bin Laden, the notorious terrorist who spearheaded the 9/11 attacks against the U.S. While the predominant reaction from around the world has been one of relief and joy, bin Laden’s death reminds us of just how big an impact the 9/11 attacks had on us and the way we perceive and treat each other.

While the U.S. was already grappling with the immigration issue, 9/11 triggered a major overhaul of legislation that imposed stringent restrictions on immigration and gave the government much greater power to infringe on the rights of citizens and visitors to this country. The U.S had essentially gone into lock-down mode domestically, and U.S. foreign policy became more aggressive. At the time of the attacks, Barack Obama was an local politician only known in Chicago, and largely unknown to the world. He wrote a short article for his local newspaper, the Hyde Park Herald, in which he reacted to the tragic events of that day and suggested a cautious approach to its repercussions. He stated-

The essence of this tragedy, it seems to me, derives from a fundamental absence of empathy on the part of the attackers: an inability to imagine, or connect with, the humanity and suffering of others. Such a failure of empathy, such numbness to the pain of a child or the desperation of a parent, is not innate; nor, history tells us, is it unique to a particular culture, religion, or ethnicity….

We will have to make sure, despite our rage, that any U.S. military action takes into account the lives of innocent civilians abroad. We will have to be unwavering in opposing bigotry or discrimination directed against neighbors and friends of Middle Eastern descent. Finally, we will have to devote far more attention to the monumental task of raising the hopes of embittered children across the globe—children not just in the Middle East, but also in Africa, Asia, Latin American, Eastern Europe, and within our own shores.

Obama's emphasis on steering clear of blind rage and discrimination, as a way of blaming certain groups for the attacks, seems prophetic now. Over the last ten years, we have witnessed increasingly stringent immigration enforcement, and a steady dissolution of civil rights and attitudes towards immigrant communities, especially Muslim-Americans and South Asians. This view was echoed by Chris Hedges, a senior journalist and war correspondent who witnessed 9/11 and was plunged into its aftermath. In an address at a fundraising event on Sunday night as news of bin Laden's death was creeping in, Hedges remembered-

When I was in New York, as some of you were, on 9/11, I was in Times Square when the second plane hit. I walked into The New York Times, I stuffed notebooks in my pocket and walked down the West Side Highway and was at Ground Zero four hours later. I was there when Building 7 collapsed. And I watched as a nation drank deep from that very dark elixir of American nationalism … the flip side of nationalism is always racism, it’s about self-exaltation and the denigration of the other.

The risks and backlash that both Obama and Hedges referenced have materialized over the last decade and placed the U.S. at a crucial crossroads where the decisions we take now will significantly impact the America of the future. In its fifth week, Breakthrough's human rights Facebook game America 2049 takes players to their mission in Phoenix, Arizona, which has been in someway the epicenter of the immigration debate.  In Phoenix, players confront heightened debates around severely restricted immigration policies. Players are also confronted with a scenario where ethnic celebrations and festivals have been outlawed for fear that "they promote dissent and unnecessarily emphasize differences between populations." The game presents players with choices for how to address such a situation in the future, and by referencing historical artifacts, shows how our present could very well lead to the dytopic future that the game depicts. One example of this historical reference is a 1920s songbook - "O! Close the Gates." (see photo) - that demonized immigrants in popular culture.

In Level 5 of America 2049, players also meet Cynthia Espinoza. Watch her testimonial about the need to preserve America's multicultural heritage:

America 2049 addresses the rights of immigrants, including forced immigrant workers, in a country that has struggled to reach a rational solution to the "foreign threats" amplified by the attacks of 9/11. The attacks changed the immigration issue in America dramatically, sparking off a wave of new legislation or a tightening of existing ones. In an intriguing article, the Southern California Public Radio (SCPR) outlined five ways in which Osama bin Laden -- and the 9/11 attacks he masterminded -- altered the immigration landscape in the U.S. These include, perhaps most notoriously, the establishment of the Immigration and Customs Enforcement (ICE), which has been responsible for a growing number of deportations each year, as well as the now-canceled Secure Border Initiative network (SBInet) or the "virtual fence" that was planned for the entire stretch of US-Mexico border. The erosion of basic rights accelerated with the Patriot Act, which considerably expanded the government's ability to conduct surveillance over Americans.

The calls for comprehensive immigration reform have intensified over the past few years, making it even more pressing to address the rights of immigrants who have no criminal records and are working hard to become part of American society. Another aspect of the immigration debate that is brought up in America 2049 is the degradation of immigrant worker rights and forced migration. While the tragedy of 9/11 caused the government to enforce stricter anti-immigrant legislation, one of the side effects has been the neglect of immigrant worker conditions. In America 2049, players discover an actual account by a Puerto Rican laborer at Camp Bragg, Rafael F. Marchan, who protested against his deplorable working conditions in the early 1900s. Unfortunately, such situations still exist today, as reported by the New York Times about a story of "500 Indian men hired by Signal International of Alabama for rebuilding after Hurricane Katrina were confined in squalid camps, illegally charged for lodging and food, and subject to discrimination and abuse." The fact that such forced servitude of immigrant workers continues a hundred years on from the example in America 2049 proves that prompt action must be taken to restore basic human rights for everyone.

So while the world celebrates the end of a tyrant, we must remember that more than celebrating a death, we must take this opportunity to work towards lasting peace and respect for basic rights for everyone, regardless of race, ethnicity, religion or background. Osama bin Laden caused much havoc around the world and claimed countless innocent lives, but letting his actions be used as a reason for the dissolution of respect and rights for hard working, innocent people can simply not be justified. As a statement that circulated virally soon after bin Laden's death was announced said- “If Osama Bin Laden is dead, can we have our rights back?” Ten years on, let's make that our main goal.

Photo courtesy of Norton, et. al., A People and a Nation (5th ed., 1998)

Shackled no more: Justice for Juana

From the Restore Fairness blog-

We’re pleased to announce that the Nashville, TN Sheriff’s office has been found guilty of violating the Constitutional rights of Juana Villegas, a pregnant immigrant woman who was inhumanely shackled during labor and denied proper treatment after a traffic stop, of which she was later cleared.

Back in 2008, through documentary and our interactive experience, Homeland Guantanamos, we put a face to Juana Villegas’s story. Because of an agreement between local police and federal immigration authorities, called 287g, she was picked up, detained and shackled during labor. She was not allowed to use a breast pump to nurse her newborn child. Villegas said, “The nurse brought me a breast pump… she asked permission for me to take it to jail… again the sheriff said, no.”

Our friends at Colorlines wrote about this historic verdict and about the nationwide effort against shackling incarcerated women while they’re in labor. From Colorlines-

In 2009, former New York Governor David Paterson signed a bill to outlaw the practice. Former California Governor Arnold Swarzenegger vetoed a similar measure. According to the Rebecca Project for Human Rights, so far only ten states have legislation regulating the use of restraints on pregnant women. Because of the criticism that has stemmed from her case, the sheriff’s office has changed its policy such that “pregnant women are shackled only during transport if there is a credible threat that they may try to escape.

Watch our first interview with Juana here.

While she has won the case, Juana Villegas faces the threat of deportation once again as the U.S. 6th District Court of Appeals has denied a request that would allow her to stay. Villegas’s case sheds light on the grave injustices in our broken immigration system.  As we continue to tell these stories, in the hope of similar successes, we ask that you play our new Facebook game, America 2049, which weaves human rights issues into each week of game play. Next week, the game explores the struggles of Latino immigrants.

This ruling against the Nashville Sheriff’s office is a historic step. We will continue to tell stories, invite conversation, and inspire action that will help America move even further in the right direction.

Learn. Share. Act. Go to restorefairness.org

 

 

 

Re-enactment of Chinese immigrant exclusion and recent quelling of protests show a future without diversity and freedom

From the Restore Fairness blog-

"The only way to make sure people you agree with can speak is to support the rights of people you don't agree with."
- Eleanor Holmes Norton, civil rights activist and Democrat Delegate to Congress representing the District of Columbia.

The freedom to disagree forms the bedrock of a thriving democratic society. Today, as we witness numerous incidents of suppressed protests and dissent around the world, the call for this freedom becomes even more pertinent. It also reminds us of America's fortunate position as a society where considerable disagreement is allowed to foster healthy debates on issues. This freedom of speech and debate is inextricably linked to our nation's fabric as a confluence of immigrants. This week, Breakthrough's ongoing Facebook game America 2049 addresses the issue of quelling dissent in the future, reminding us that the freedoms we have today can easily be restricted for the sake of supposed national security. On Saturday, April 30, Breakthrough is also partnering with the Angel Island Immigration Station Foundation (AIISF) in San Francisco to host the Interrogation Reenactment Event,* an opportunity for visitors to witness a historical scenario and learn about its repercussions today. From the event organizers-

...actors in period costumes will reenact an actual interrogation of Chinese immigrants attempting to overcome the Chinese Exclusion Acts [of 1882], the first American legislation to exclude a specific race or nationality from immigration to this country. We will see what these intended immigrants went through at the island’s Administration Building, and the outcome of their ordeal. Following that, well-known professors Judy Yung, professor emerita at UC Santa Cruz, and Bill Ong Hing, law professor at the University of San Francisco, and a recent immigrant who is a college student will participate in a panel discussion relating the Angel Island experience to what immigrants face today.

The Chinese Exclusion Act of 1882 provided a 10-year absolute moratorium on Chinese labor immigration. It was then extended in the form of the Geary Act, which added further restrictions on Chinese immigrants already in the United States. Chinese immigration was stringently regulated until 1943, when all these exclusionary acts were repealed in favor of more rational quotas on immigration for each nationality. The targeting of specific immigrant groups (based on their ethnic background) in the U.S. exists in other forms even today with some states passing stringent immigration acts that tend to affect the Latino communities primarily.

Harsh immigration laws affect our country to this day. The diversity of opinion that comes with healthy immigration forms the unique social, cultural and political fabric of our country. Today, as the people of several Arab nations are rising to claim their rights for equality and fair governance, some of their own governments are actively halting their protests. While the future of the 'Arab Spring' remains to be seen, this moment in history points to the greater issue of freedom of speech. Americans are fortunate to have much greater freedoms in protesting and dissent, but we must remain aware of this and not take it for granted.

In America 2049 this week, players are confronted with a situation where the authorities have sanctioned the use of a chemical agent in the water supply, SerennAide, that would pre-emptively quell any dissenting activity, making the population completely passive. Whether fictitious, as shown in Joss Whedon's 2005 space western film Serenity (in which a chemical agent was added to the air processors of a planet to calm the population), or the very real new "calming" drink 'Just Chill' from a California-based company, a SerennAide-like scenario is not too far from reality. Most importantly, SerennAide is also a symbol for institutional measures that have sought to prevent dissent or difference of opinion for the sake of national good throughout our history. In the bleak future of America 2049, the situation is at an extreme, raising awareness for the value of diversity of opinion.

A society that is so heavily based on immigration and diversity, such as the United States, must remain aware of its uniqueness and strengths. We must learn from our past, from decisions we made then to actively prohibit specific groups of immigrants, and understand how such practices today or in the future will only damage our social framework.

Watch a message from 'M,' the masked leader of Divided We Fall, the presumed terrorist group in America 2049. 'M' speaks about the the importance of dissent and difference of opinion to nurture a healthy democracy, especially as authorities in 2049 sanction the use of SerennAide.

*Be sure to check out the ferry schedule to allow for more time to arrive to the Immigration Station. For more information on ferry, tickets and schedule, visit AIISF's event page.

--

Click here to "Like" the America 2049 Facebook Page.

Photo courtesy of guardian.co.uk

 

 

 

Tax day, Passover week: labor, migration & justice, now...and in 2049

From our Restore Fairness blog-

On this year’s Tax Day that has just passed, several organizations including the Service Employees International Union (SEIU), MoveOn, Daily Kos and the American Federation of State, County and Municipal Employees (AFSCME) joined forces for ‘Tax Day: Make Them Pay.’ The groups organized peaceful protests around the country outside the offices of big corporations and millionaires that have evaded paying taxes for last year, mostly due to government-mandated tax breaks. According to the site, “In 2009, after helping crash the American economy, Bank of America paid $0 in taxes. GE had a tax bill of $0 in 2010. Republicans want to give a $50 billion tax bailout to big oil companies…” These protests came at the heels of news that corporations such as General Electric paid no federal taxes in 2010, something that has infuriated the millions of workers around the country who work hard and are expected to dutifully pay their taxes on time.

The tax break issue is the latest in a series of developments that have recently charged the country’s politics around the issues of immigration and labor rights, with them coming together in the case of migrant workers. Last month, the country witnessed a major standoff in the Wisconsin state government between Governor Scott Walker (and his Republican-led state assembly) and thousands of labor groups and workers in the state as the Governor pledged to enact a bill to severely curtail collective bargaining. After three weeks of fierce debates, Gov. Walker managed to push the bill through. The Ohio state assembly soon followed suit, with other states such as Tennessee and Iowa heading in a similar direction. This steady erosion of worker rights presents an increasing risk not just to the economy of this country but also to its social fabric. It also echoes a past where worker rights were often ignored, especially in the case of immigrant workers.

Last month, several labor groups and organizations marked the centennial anniversary of an incident that highlights the lack of protection of workers – the infamous Triangle Shirtwaist Fire of March 28, 1911, in which 146 mostly immigrant workers died. To mark the centenary of the tragedy, many labor rights groups amplified their push for pro-labor rights legislation to challenge the spate of anti-union labor bills that were passed recently. The 1911 tragedy brings to light the plight of immigrant workers and the exploitation that still continues today. At a rally commemorating the tragedy, one union member, Walfre Merida, described the similarities between the condition of migrant workers today and those that perished in the fire a hundred years ago. Merida stated-

I see that a hundred years since this terrible accident that killed so many people, things have really not changed at all…Safety conditions, none. Grab your tool and go to work, no more. And do not stop. When we worked in high places, on roofs, we never used harnesses, one became accustomed to the dangers and thanked God we weren’t afraid of heights. One would risk his life out of necessity.

As stories of worker rights violations continue to proliferate, we must take heed from our past mistakes in order to avoid a degradation of these conditions in the future. This week – just as Jews around the world gather at the Passover table to recount their liberation from migrant slave labor in Egypt – Breakthrough’s Facebook game, America 2049, immerses players into discussions around labor rights, especially with regards to the rights of immigrant workers. The game utilizes several events and artifacts from the past to highlight the continued struggles of migrant workers in the United States. In the game’s world in which everyone has an embedded chip to mark their identity, players are given the mission to investigate a counterfeiting ring that helps indentured workers – primarily immigrants, though also citizens who have succumbed to crushing credit debt – to escape their unjust contracts and inhumane living conditions, and begin new lives. The game references the Triangle Shirtwaist Fire as a lesson from the past about the respect and rightful treatment of workers. It also suggests a future that is even bleaker because we as a country have failed to recognize the importance of immigrant workers and worker rights to the success of the country as a whole.

Watch a testimonial by a character in the game, Ziyad Youssef, a Syrian man who was lured into a job with promises of good pay and easy hours, but found himself in slavery-like conditions, unable to look after his sick daughter or provide basic amenities to his family:

The United States is currently grappling with an issue that will inevitably affect our national economy and social conditions in the years to come. The denial of legitimacy and basic rights to immigrant workers will only hamper the nation’s growth on the world stage. In a special report on global migration published in 2008, The Economist argued for the widespread acceptance of migrant workers by the richer countries that so desperately need them. Speaking about the United States, the report stated-

Around a third of the Americans who won Nobel prizes in physics in the past seven years were born abroad. About 40% of science and engineering PhDs working in America are immigrants. Around a third of Silicon Valley companies were started by Indians and Chinese. The low-skilled are needed too, especially in farming, services and care for children and the elderly. It is no coincidence that countries that welcome immigrants—such as Sweden, Ireland, America and Britain—have better economic records than those that shun them…Americans object to the presence of around 12m illegal migrant workers in a country with high rates of legal migration. But given the American economy’s reliance on them, it is not just futile but also foolish to build taller fences to keep them out.

Players in America 2049 will discover valuable artifacts from our country’s past that highlight an ongoing struggle for worker rights and have the agency to join the discussion and save the country’s future from the dystopic scenario the game depicts. One of the artifacts in the game is a poem titled ‘A Song for Many Movements,’ written in 1982 by Audre Lord, a black feminist lesbian poet. The poem articulates the connection between suffering and speaking out against injustices, which is what the workers rights protests around the country have been doing and which we must keep advocating until real change is made-

Broken down gods survive
in the crevasses and mudpots
of every beleaguered city
where it is obvious
there are too many bodies
to cart to the ovens
or gallows
and our uses have become
more important than our silence
after the fall
too many empty cases
of blood to bury or burn
there will be no body left
to listen
and our labor
has become more important
than our silence.

Our labor has become
more important
than our silence.

 

 

Georgia “Show Me Your Papers” Legislation Will Endanger Survivors of Domestic Violence and Sexual Assault

From the Restore Fairness blog-

Guest blogger: Azadeh N. Shahshahani, National Security/Immigrants’ Rights Project Director, ACLU Foundation of Georgia

April is Sexual Assault Awareness month. In observation, Georgia lawmakers should reject legislation that attacks immigrant women, including H.B. 87 , a bill currently pending in the Georgia legislature that is a copycat of Arizona’s S.B. 1070 racial profiling law. H.B. 87 would endanger victims of domestic violence and sexual assault by creating more fear and distrust of local law enforcement in communities across the state, much like 287(g) has done. Similar to 287(g) agreements, which are agreements between Immigration and Customs Enforcement and local police/sheriff departments, H.B. 87 would charge local law enforcement with enforcing federal immigration law.

As the ACLU of Georgia’s reports on Cobb and Gwinnett counties detail, 287(g) agreements have made members of immigrant communities fear and distrust local law enforcement and ultimately more hesitant to report crime.

According to Alyse López-Salm, Community Outreach Advocate for Partnership Against Domestic Violence (PADV) , “287(g) has ensured that many survivors of domestic violence remain in the shadows—terrified to call the police or even reach out to organizations like Partnership Against Domestic Violence for help.” Alyse says that when survivors of domestic violence finally come into contact with PADV, they say they were afraid that seeking help would have a negative effect on their immigration status.

As “Jenny’s” account illustrates, this perception is far from groundless. On July 29, 2009, Jenny called 911 to stop her partner from assaulting her. But instead of protecting Jenny from the man who had been hitting and kicking her, the Cobb County police officers who responded to her call relied upon her abusive domestic partner’s account of what prompted Jenny’s 911 call, as she speaks little English. Her abuser’s side of the story was, not surprisingly, far from honest.

According to attorney Erik Meder, who represents Jenny in her deportation case, as a direct consequence of seeking help from the police, Jenny was herself arrested; physically separated from her infant daughter; spent five days in the Cobb County jail; and placed in immigration removal proceedings.

Jenny’s experience and that of others like her are likely to have a negative ripple effect, because as word gets around, similarly situated survivors of domestic violence and sexual assault in Cobb and other 287(g) counties may be dissuaded from seeking help in the first place.

The legislation now under consideration in Georgia would create a similar atmosphere of terror throughout the state. H.B. 87 would authorize the police to investigate individuals’ immigration status in the course of an offense, including traffic stops, if they fail to provide one of the select identification documents.

If passed, all Georgians will have to carry ID on them at all times in order to avoid being detained while police try to determine their status. Despite language that purports to prohibit investigation of immigration status for victims of a crime, in reality, the legislation will have a chilling effect for crime victims who will be even more scared of calling the police.

In a friend-of-the-court brief filed in the ACLU lawsuit challenging Arizona’s S.B. 1070 , Legal Momentum, a women’s rights group, points to how S.B. 1070 will endanger immigrant women:

Immigration status significantly affects the willingness of immigrant women to seek law enforcement help. Rape and sexual assault already have low reporting rates. Immigrants who are victims or witnesses of sexual assault will be even less likely to report and aid in the prosecution. Immigrants with stable permanent immigration status are more than twice as likely as women with temporary legal immigration status to call police for help in domestic violence cases (43.1% vs. 20.8%). This rate decreased to 18.8% if the battered immigrant was undocumented. These reporting rates are significantly lower than reporting rates of battered women generally in the United States (between 53% and 58%).

As we observe Sexual Assault Awareness Month, Georgia legislators should heed the call of women’s rights advocates and reject the Arizona copycat legislation that is sure to further drive underground survivors of domestic violence and sexual assault.

Photo courtesy of nmu.edu

Learn. Share. Act. Go to restorefairness.org

 

 

 

Diaries

Advertise Blogads