L: Representatives from the Mission of Tuvalu to the UN and Palau’s Ministry of Immigration with Salote Soqo, UUSC’s Senior Program Leader R: Civil society groups meeting outside the conference venue
Delegations came together in strength and in unity to improve global governance on migration.
The stocktaking meeting for the Global Compact for Safe, Orderly and Regular Migration which took place in Puerto Vallarta December 4-6, 2017 was “extraordinarily” positive. Extraordinary in the sense that during a time of rising nationalism and xenophobia around the world, there was great convergence amongst delegates to center the global compact on the protection of the rights of all migrants, and that the withdrawal of the United States from the compact did not seem to deter the spirit of the deliberations. What was seen instead was delegations coming together in strength and in unity to improve global governance on migration.
In addition to the unifying call for a human rights-centered compact that respects and empowers all migrants, other messages were loud and clear: the compact should be gender sensitive, respect migrant workers, protect children, counter xenophobia and the criminalization of migrants, encourage data-driven policies, ensure ethical business practices for migrants regardless of their status, uphold existing conventions and treaties, respect national sovereignty and above all else, increase the benchmark for addressing migration.
These are all overlying principles that we must support when it comes to governing all forms of migration, including climate-forced displacement. UUSC hopes that states will adopt these principles in earnest as they develop domestic and regional policies and we encourage states to combine compassion with urgency and diligence as they embark on this historic momentum.
The high number of non-state actors that turned up at the meeting and their engagement since the inception of the global compact has also been encouraging. From faith leaders to labor unions, and other civil society groups, like UUSC – our engagement with state delegations has made this process inclusive. Perhaps it was the scenery that made this meeting so pleasant or probably the fact that we were only a few weeks away from the holidays, but this is the standard that we hope the negotiations will adopt moving forward into 2018 and beyond.
On Thursday, July 13, members of Love Resists linked arms with friends, family, and supporters of community member and father of two, Francisco Rodriguez, as he walked into the Boston field office of Immigration and Customs Enforcement (ICE) for his scheduled appointment. We were there to support the Keep Francisco Home campaign organized by Massachusetts Jobs with Justice. We were there to show up for a neighbor in danger of deportation, and a family at risk of being separated from their beloved son, husband, and father. Within the hour, these fears became a reality. Rodriguez was detained, pending deportation.
Shortly before he entered the office, Rodriguez spoke at a press briefing outside about his fear of returning to El Salvador, a country he fled ten years ago after the murder of his co-worker. Roxana Rivera, the vice president of the local Service Employees International Union (SEIU) chapter to which Rodriguez belongs, spoke tearfully of dropping her own two children off at school that morning and imagining what it would be like to be taken from them against her will, as Francisco is now experiencing. The co-chair of the Sanctuary Committee of First Parish in Bedford UU, Christine Dudley-Marling, quoted words from Love Resists’ Declaration of Conscience, reminding us to live “on the side of love with the most vulnerable among us.”
Francisco was far from alone. In addition to our team, he was also accompanied by Yessenia Alfaro (pictured above), the Deputy Director of the Chelsea Collaborative, of which he is a member. He received letters and statements of support from Senators Elizabeth Warren and Ed Markey, Congressman Mike Capuano, and the president and senior leadership of MIT, where he works as a custodian. ICE itself has previously granted him a stay of removal for years, under their prosecutorial discretion that used to be routine in cases like his. There was nothing to prevent the field office from exercising a modicum of compassion by extending it again.
Another extension is what we still hoped would happen, as Lily Huang, an organizer with Massachusetts Jobs with Justice, led us in a slow march with Francisco to the door of the office, singing “Courage, my friend / You do not walk alone.” Camping out on the ground in front of the office, the support team kept its spirits up with songs like “This Land is Your Land” and “We Shall Not Be Moved.” After hearing from all the supportive voices, we expected to see Francisco emerge from the same door he had just entered, knowing that he was here to stay.
Then, a member of a local media film crew ran past our group, in such a hurry that he left a headset dragging from a cord several feet behind him. A member of our group who had moved off from us returned, saying that ICE had just taken Francisco into detention, loading him into a black van and driving out from behind the office. “Link arms! Link arms!” the organizers urged us, and we moved into the center of the parking lot, trying to block the exit.
Some of us starting singing again, but now with a tremor of alarm in our voices. I was suddenly aware of my own fear of arrest. I thought of what it would be like to be handcuffed in this parking lot and taken someplace against my will, rather than being able to get in my car at the end of the rally and drive home. The incredible violence committed against Francisco and his family was brought home to me. A person who had just been walking freely, a person who had done nothing wrong, was now behind bars, set to be put on a deportation plane sometime in the next 30 days. Our attempt to prevent the van from leaving the office not successful – it drove away by a different route.
ICE’s decision was astonishingly cruel. To those gathered, especially to the friends and family of Francisco, it felt like a breach of civilization. As an announcement from the Keep Francisco Home team put it shortly afterward: “ICE seems to think they operate in a different world than the rest of us, independent of human decency, public opinion, and even the rule of our elected officials.” Matt Cameron, one of Francisco’s attorneys, asked the press with desperation: “Where is the discretion? If not in this case, then what case?”
ICE justifies its outrageous actions always by an appeal to “the law,” just as this administration, in general, seeks to portray the communities most impacted by its policies as “criminal.” In a statement following the detention, ICE asserted simply that Francisco Rodriguez is an “unlawfully present citizen of El Salvador” with a prior removal order. In the face of such rhetoric, the words of Rev. Peter Morales that Christine Dudley-Marling shared at the rally are particularly apt: “[W]e must never make the mistake of confusing a legal right with a moral right. The forced removal of Native Americans from their land and onto reservations was legal. The importation and sale of African slaves was legal. South African apartheid was legal…The powerful have always used the legal system to oppress the powerless.”
As a human rights organization, UUSC declares that there is a law of humanity higher than the law of any government. As Clarence Darrow once wrote: “I do not believe in the law of hate. I believe in the law of love.” When the law of the land becomes a law of hate, then love must fight back. Love resists.
August 4, 2017 update: ICE has held Francisco since July 13, even preventing him from being with his family when his wife gave birth to their third child and underwent an emergency C-section. His attorneys continue to explore legal options to halt his deportation. Hope remains that the Board of Immigrant Appeals will grant Francisco a stay of removal, or that the government will abandon its cruel and unnecessary action against him. The violence that has already been done to this family, however, cannot be taken back. Lily Huang of the Keep Francisco Home team has compiled a list of action steps to support the family at this difficult time.
In honor Pride Month, we celebrate our partnership with the Queer Detainee Empowerment Project (QDEP), one of UUSC’s newest partners. With the launch of Love Resists, our joint campaign with the UUA, UUSC sought out partnerships with groups who are particularly vulnerable under the new administration, namely the LGBTQI community, immigrants, and people of color. The New York-based QDEP is representative of these three populations. They work to oppose the criminalization of the LGBTQI immigrant community and provide post-detention support.
QDEP’s message is clear: Immigrant detention is unsafe for all people, especially LGBTQI individuals, many of whom are also people of color. They are working with over 100 organizations that specialize in human and civil rights throughout the country and share the goals of closing down detention centers and holding Immigration Customs Enforcement (ICE) accountable for the death and violence that occurs in their facilities. QDEP works to secure the freedom of detainees by raising funds to pay their legal bonds, advocating on their behalf, providing direct legal services, and organizing a number of support services within detention centers, including a Pen Pal Program, visitation, and bond support. Once people have secured their freedom, QDEP provides case management to assist reintegration.
Through our partnership with QDEP and the work of Love Resists, UUSC is continuing to advocate for expanded sanctuary as a means of combating criminalization. In line with UUSC’s values and eye-to-eye partnership model, QDEP is led by and for the communities it serves. Members of their staff and volunteer networks have experienced detention themselves. Once released, many return to join their communities in the struggle for freedom.
When I think of times I have hesitated to stand by my values and put words into actions, I remember the famous poem by the German anti-Nazi theologian and Lutheran pastor Martin Niemöller. Beneath the rumination on the selfishness of the human condition lies a message of interconnectedness.
QDEP works directly at the intersection of multiple sources of oppression; however, the struggle for greater recognition and expansion of human rights does not just affect those who are experiencing the direct effects of persecution. The United States is not so different from Germany, the country Niemöller lived in less than 80 years ago.
Niemöller’s words are an important reminder of our shared humanity and the need to speak up for those who don’t have a voice. As we celebrate Pride, we are proud to partner with QDEP, an organization at the front lines fighting to stop the detention of immigrant LGBTQI people of color.
UUSC is extremely disturbed by last week’s raid on the humanitarian aid camp operated by No More Deaths (NMD), a Tucson, Ariz.-based group with whom we partner. NMD provides life-saving food, water and medical care for people making the dangerous journey through remote parts of the Arizona desert on foot, and the raid on their camp represents a reprehensible disregard for the lives of migrants and refugees by the current administration.
On a day when temperatures surged over 100 degrees, U.S. Border Patrol descended on NMD’s aid camp with a helicopter, fifteen trucks and thirty armed agents in an unprecedented show of force. Four patients receiving medical care were arrested, and countless others in need of aid were prevented from doing so by a mobile checkpoint that had been set up at the entrance to the camp.
Since its founding in 2003, NMD has had a good working relationship with the Tucson Sector of Border Patrol. In 2013 the groups agreed in writing that their camp would be respected as a medical facility. The raid marks a disturbing shift in U.S. government policy and violates not only this agreement but international humanitarian law and International Red Cross standards that prohibit government interference with aid centers.
Many of those who make the unauthorized crossings through the Mexico-U.S. border in Arizona are refugees escaping extreme violence and instability in Central America. When people are fleeing for their lives, the merciless desert terrain and the threat of arrest will not deter them from seeking safety in the United States. The aid camp is an essential tool to prevent loss of life—human remains are found on average once every three days in this area—and the raid is a targeted attack on the migrants and refugees who seek its services.
In our final post of the Expanded Sanctuary series, we look at how criminalization impacts young people in the school system. Read parts one and two.
“We can’t say, ‘hey don’t let ICE on your campus’ and not call out over-policing of people of color on […] campuses. We can’t celebrate local police who might consider not working with ICE but who over-police and won’t make those same proclamations for other communities of color.”
As the impact of Trump’s immigration policy and xenophobic rhetoric are felt across the country, including in our schools, a growing number of communities are pressing their local school districts to adopt sanctuary and “safe zone” policies to protect undocumented students. At a minimum, this means refusing to share data about a student’s immigration status with federal authorities, preventing Immigration and Customs Enforcement (ICE) from entering school facilities, and other tried-and-true strategies.
Policies that criminalize people disproportionately impact youth of color, LGBTQI students, Muslim students, and youth with disabilities or cognitive differences. So long as school districts rely on excessively harsh discipline and the presence of law enforcement on campus, they will continue to place their immigrant students at risk.
While traditional sanctuary policies are a crucial first step, they do not address the larger problem of criminalization. Even in districts where schools have pledged to provide a level of sanctuary by not sharing student information with immigration authorities, a juvenile delinquency record can have serious consequences, including in any later contact with ICE, and schools that rely on the criminal justice system for discipline leave their undocumented students vulnerable.
This is why the concept of sanctuary must expand. In schools, this means implementing disciplinary practices that are grounded in restorative justice and respect young people’s ability to develop and learn from mistakes, rather than practices of exclusion and punishment that limit their futures.
The school-to-prison pipeline
School policies in the United States reflect larger social and political trends resulting in mass incarceration and over-policing. Students today, particularly students of color, often face a disciplinary system that would have been unthinkable twenty or thirty years ago. The presence of uniformed police has become routine on many campuses, and officers increasingly use criminal penalties to enforce school discipline.
These practices display a pattern of structural racism. Nationwide, more than half of students who are arrested at school or referred to law enforcement are people of color. Many arrests are for things that child development experts would regard as normal kid behavior. In one district in Louisiana, the Southern Poverty Law Center documented 562 school arrests in one year, many of them for such harmless and age-appropriate behavior as “yelling in the hallways.” One eighth-grader was allegedly arrested and detained for six days for throwing skittles on the school bus. 80% of those arrested were Black, even though Black students make up only 42% of the student body.
Referrals to law enforcement are one manifestation of the turn toward harsh discipline and “zero tolerance” in our schools; increasing use of out-of-school suspensions and expulsions are another. These practices cut short children’s education, erode their self-esteem, and place them into unstructured and unsafe environments that can ultimately lead to arrest or removal proceedings, what advocates call the “school-to-prison pipeline.”
Intersections with other forms of discrimination
Discrimination based on disability, race, and youth intersect to magnify a child’s vulnerability. In many cases, children are criminalized simply for displaying symptoms of their disabilities. The Center for Public Integrity reports a case in which an 11-year Black student with autism was handcuffed and criminally charged after kicking a trash can at school. Police on campus are rarely trained to know how to work with children with cognitive differences and frequently resort to violent forms of physical restraint and seclusion that can have devastating consequences for a child.
Gender nonconforming and LGBTQI students also disproportionately bear the brunt of “zero tolerance” policies. The Gay Straight Alliance Network (GSAN) notes that, while LGBTQI youth make up about 6% of the population, they represent 15% of people in juvenile detention. Many queer youth report being penalized for not conforming to gender roles in school dress codes (such as boys bringing nail polish to school or wearing hair extensions) or blamed for their own bullying.
By a cruel irony, many of the anti-bullying provisions that schools have adopted in recent years to protect LGBTQI students from harassment actually increased their criminalization. The Advancement Project, Alliance for Economic Justice, and GSAN note in a joint report that in some cases, LGBTQI students have been expelled or suspended on anti-fighting or anti-bullying grounds even though they were defending themselves from violence. Such zero-tolerance policies often fail to recognize that students who are labeled as “bullies” may have been victims of violence themselves. Many “aggressive” students engage in negative survival strategies because the long-term failure of responsible adults to protect them from harm has left them with few options.
Solutions and a path forward
Zero tolerance and “anti-bullying” policies can deprive young people of a meaningful chance to learn from their mistakes. These systems do violence to their humanity and disregard their capacity to grow and learn. Providing real sanctuary in a school setting requires more than barring ICE officers at the door. It means reducing or eliminating a school’s reliance on all forms of law enforcement to maintain student discipline and replacing them with restorative practices that allow students to recognize harms they may have caused and to learn to do better. It means creating schools that perceive the worth and dignity of all students and the inestimable contribution each can make to the school environment.
Deferring wherever possible to restorative practices, rather than punishment, to address student misbehavior. These could include peer mediation, behavior coaching, anger management, or classroom peace circles, among others.
Ensuring that children who face serious disciplinary consequences have full due process and the resources they need to keep up with the curriculum.
Curbing the use of subjective disciplinary categories that lend themselves to unfair enforcement, such as “disorderly or disrespectful behavior.”
Reallocate funding dedicated to school police and surveillance to support staff, such as guidance counselors, social workers, nurses, and restorative justice facilitators.
Our weekly roundup of what we’re reading in human rights and social justice! This week’s wrap-up includes select articles from the front lines of human rights that we don’t want you to miss: Trump’s decision to withdraw from the Paris Agreement, the troubling relationship between immigration and private prisons, and Pride 2017.
Thursday was a big blow to the global environmental movement and U.S. foreign relations. By officially declaring his intent to withdraw from the Paris climate agreement, Trump has turned his back on the 195 countries – nearly the entire world—who agreed to the work together to mitigate the effects of climate change. This decision, as well as his dangerous “America First” rhetoric, highlight a short-sightedness when it comes to our shared future. UUSC condemned Trump’s decision within hours of the White House announcement.
While Trump’s decision was disappointing, it wasn’t unexpected, and already environmental advocates are mobilizing. As Todd Stern wrote in the Atlantic before the decision, “The Trump administration is about to throw down the gauntlet. If it does, we’ll need to take up the challenge.”
We are heartened to see just that. The New York Times reports that already, a group of representatives from over 200 cities, states, and companies is working on a proposal to pledge their commitment to the Paris Agreement.
In the first few months of Trump’s presidency, local and state governments and grassroots organizations have stepped up to protect human rights where the federal government refuses. It appears that environmental policy will be no different. UUSC will continue to find partnerships and ally with groups and individuals that work for environmental justice.
Under Trump’s immigration policy, new and expanded detention centers mean more money in the pockets of private prison owners. Gilbert’s article puts the spotlight on “the close relationship between the federal agency tasked with detaining and deporting undocumented immigrants and the private prison industry that helps house those detained immigrants.”
This “relationship” is yet another way that government policy is muddled with corporate interests. Privately-owned facilities hold the majority immigrant detainees. Many of these companies will be signing new contracts this year. Larger private prison companies will often hire Immigrations and Customs Enforcement (ICE) agents to forge connections in the federal government and gain future contract opportunities. Bethany Carson from UUSC partner Grassroots Leadership, explains the situation, “They take the expertise they have working for the ICE and use that to lobby for even greater increases in their share of this system of mass detention.’”
Although the companies claim they do not lobby to change immigration policy and only use current rules to their benefit, they are nevertheless in the business of criminalization. Furthermore, studies show that poor treatment of detainees and corruption occur at much higher rates in private facilities. In 2015, UUSC issued a research report which found that half of the parents and children surveyed in detention centers reported clinically significant levels of symptoms of depression, anxiety, and post-traumatic stress, and were not receiving any treatment or therapy. Possibly more troubling, Mother Jones reported today that three immigrants have died at a private detention center in California.
June 1 marked the beginning of LGBTQI Pride Month. This year, many organizers are foregoing the celebratory parades and rallies that have become typical in recent years and instead, organizing protests and solidarity marches. This has already drawn some criticism – even from more conservative LGBTQI advocates in the United States, who argue that the Trump administration has not done anything to infringe on current LGBTQ laws, for example, marriage equality. However, in a break from presidential tradition, Trump has yet to acknowledge Pride Month.
The fight for LGBTQ rights is by no means over. Same-sex marriage is only legal in 22 countries, and over 70 countries enforce laws that criminalize the LGBTQ community. As Crary points out, “most U.S. states still lack statewide laws banning discrimination against LGBT people, and majority Republicans in Congress show no interest in passing a Democratic-backed bill that would provide nationwide non-discrimination protections.” Further, the Trump administration recently revoked federal guidelines advising public school districts to let transgender students use the bathrooms and locker rooms of their choice. And multiple Trump appointees, as well as Vice President Pence are viewed as extreme opponents to LGTBQI equality.
UUSC is, as always, dedicated to protecting the rights of LGBTQI people across the world. We will be honoring Pride Month this year by highlighting events, stories, and news from the LGBTQI community on our blog and socials. Join in the conversation with #Pride2017!