UUSC Condemns Shameful Raid on Migrant Desert Camp

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.

UUSC been in solidarity with NMD since 2015 and is currently funding a series of reports that exposes Border Patrol’s anti-humanitarian policies and practices which have created a crisis of migrant death in the desert. We continue to support NMD in their mission, and we call on the Trump administration to direct Border Patrol to immediately comply with the law and stop obstructing humanitarian aid.

Expanding Sanctuary in Our Schools

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.

Desk and chair with red apple on the desk.

Sanctuary Schools?

“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.”

Marisa Franco, director of Mijente quoted in The Nation

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.

Helpful practices to counter criminalization at school can be found in The Advancement Project’s Model School Discipline Policy and a joint report by The Advancement Project, GSAN, and the Equality Federation Institute called Power in Partnerships: Building Connections at the Intersections of Racial Justice and LGBTQ Movements to End the School-to-Prison Pipeline. Some guiding principles include:

  • 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.

Rights Reading

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.

Bucking Trump, These Cities, States and Companies Commit to Paris Accord, Hiroko Tabuchi & Henry Fountain, The New York Times, June 1, 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.

The Immigrant Crackdown Is a Cash Cow for Private Prisons, Samuel Gilbert, VICE, May 31, 2017

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.

In United States and abroad, a worrisome time for LGBT activists, David Crary, The Associated Press, June 1, 2017.

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!

Rights Reading

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: intersections between environmental justice and racial justice, the human story behind our current immigration policy, and Trump’s disappointing praise of Philippine President Duterte.

 

True Climate Justice Puts Communities of Color First, Audrea Lim, The Nation, May 22, 2017

Climate justice is insufficient if it doesn’t address racial injustice. When we look at the environmental problems caused by human activity, people of color are adversely affected at a much higher rate across the board. As Lim reports, “African Americans are exposed to 38 percent more polluted air than whites, and are 75 percent more likely to live in chemical-factory ‘fence-line zones’ than the U.S. average (Latinos are 60 percent more likely)” and “Heat-related deaths occur at a 150–200 percent higher rate among African Americans than among whites.”

How does this happen? When it comes to environmental health, decades of institutionalized racism have begotten economic disparities that put people of color at geographic disadvantages – a problem which will only become worse as the effects of climate change accelerate. This is precisely why UUSC sees environmental justice as a human rights issue.

The environmental movement has been around for decades, but the environmental justice movement is only now starting to take root in the form of intersectional protests at Standing Rock, support for community-owned renewable energy sources, and fairer environmental legislation.

This week, Salote Soqo, senior program leader for environmental justice & climate action, spoke at the Second Informal Thematic Session for Global Compact on Migration. Soqo made an explicit call for member states to recognize “that the experts of this approach are the communities that are most affected by these issues and who inherently hold the power to meaningfully address these problems with dignity.”

Deported to El Salvador, Trapped Between the Gangs and Trump, Danielle Marie Mackey, Pedro Armando Aparicio, and Leighton Akio Woodhouse, The Intercept, May 21, 2017

Jose Escobar lived in the United States for 17 years, ever since he and his mother immigrated from El Salvador to Texas to escape gang violence. He has a wife and children and was well-respected in Houston where he worked his way up from the bottom to running both a painting and a construction business. Now, the only way he can see his family is through the cameras that his wife had installed in their home while he lives in his aunt’s house in El Salvador, unable to leave the house alone for fear of violence, unable to return to Texas because of Trump’s backward immigration policy.

Escobar, who was permitted to stay in the United States by Immigration and Customs Enforcement (ICE) agents when he was a teenager, was deported in March when he went to his annual ICE checkup appointment – he was deported even though he did everything he was supposed to. Mackey, Aparicio, and Woodhouse share this heart-wrenching story of one individual, among the thousands who are being deported without criminal records under Trump’s immigration policy. It is important to remember that these are people, and while each has their own story, they face the same systemic injustice.

UUSC continues to call for expanded sanctuary policies that will make our communities safer for all. While typical sanctuary city policies have focused on protections for undocumented immigrants, expanded sanctuary policies recognize that the current administration is jointly threatening the rights of a wide range of communities. Learn more about how we are working to create a safer, more just, welcoming, and sustainable world at loveresists.org.

Trump Praises Duterte for Philippine Drug Crackdown in Call Transcript, David E. Sanger and Maggie Haberman, The New York Times, May 23, 2017

On Tuesday, the transcript of President Trump’s April 29 call to Philippine President Rodrigo Duterte was leaked. According to transcripts obtained by the New York Times, Trump praised Duterte for doing “an unbelievable job on the drug problem” – essentially congratulating him on the “unbelievable job” of killing thousands of people without due process and incarcerating tens of thousands in less than a year.

Trump’s remarks break from the State Department’s condemnation of Duterte’s actions as a violation of human rights. The transcript also shows that Trump mentioned the location of two United States nuclear submarines in talks about North Korea, another instance in which Trump seems to have revealed pertinent information to foreign officials.

Our previous statement on President Duterte’s “drug war” bears repeating: Our partners in the Philippines, “some of whom are risking their lives to empower and protect their communities, deserve better than an American president who fawns over authoritarianism and condones state-sanctioned murder.”

Rights Reading

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: Highlights from the International Day Against Homophobia, Transphobia and Biphobia; updates on family detention; and the latest on climate-forced displacement. 

‘A miracle happened’: 300 rally for LGBT rights in St. Petersburg, Colin Stewart, Erasing 76 Crimes, May 18, 2017

May 17 marked the International Day Against Homophobia, Transphobia, and Biphobia (#IDAHOT or #IDAHOBIT). People all across the world celebrated by  wearing colorful clothes that signify the colors of the rainbow, going to rallies, and being vocal online about their support for and solidarity with the LGBTQI community

There were even celebrations in countries with extremely anti-LGBTQI laws. Colin Stewart shares one story about a rally in Russia, where law enforcement stops pro-LGBTQ protests and detains participants. But this year 300 took to the streets in St. Petersburg, and due to their persistence and some fortuitous timing, received police protection. Organizers of the protest shared their thoughts, “Our strategy is ‘constant dripping wears away a stone,’ and today a little chip of that stone fell off.” This is a marked change from the typical response to LGBTQI rallies and protests in Russia and is a testament to how community organizing and persistence can yield surprisingly happy results.

Immigrants in Detention Centers Are Often Hundreds of Miles From Legal Help, Patrick G. Lee, ProPublica, May 16, 2017

It’s almost impossible for immigrants to win their case to stay in the United States if they don’t have an attorney, no matter how strong their case. There are multiple system-level obstacles that immigrants face as they seek U.S. citizenship, and those barriers can be insurmountable if they are being held in detention centers.

In this article, Patrick Lee provides background and context to the reality of this situation. Because detained immigrants lack the right to an appointed attorney, they must either pay for a lawyer or find one who will take on their case pro bono. However, many lawyers won’t take these cases and many who do lack the necessary time and resources to take on more than a handful of clients from the thousands of immigrants currently in detention centers. On top of this, detention center locations often make lawyers geographically inaccessible, something which Amy Fischer, policy director of UUSC partner RAICES, calls a purposeful move by the federal government to inhibit immigrants’ access to legal resources.

Under President Trump, ICE is ramping up its immigration control policies – arresting more immigrants and making plans for more detention centers. UUSC and its partners, like RAICES, are working hard to ensure that immigrants have the necessary legal resources and protections to plead their case and build their lives in the United States.

Mulling the possibility of a “managed retreat” from climate change, Rachel Waldholz, Alaska Public Media, April 28, 2017

Media coverage and aid are much easier to come by for communities displaced when a natural disaster hits. But refugees who are forced to leave their homes due to the slow onset of climate change are often overlooked, even though rising sea levels, erosion, and other consequences of global warming are expected to disrupt thousands of communities over the course of the next several decades.

The choice to relocate is one that must be made by individual communities, but even but even they make that decision, there is often no financial support from local and national governments or NGOs, who have been slow to recognize the severity of climate-forced displacement. Robin Bronen, executive director of the Alaska Institute for Justice (AIJ), argues that the lack of funding is different from political will, which she feels does in fact exist. “There’s this urgent need to protect populations from climate change, but we don’t have the laws in place to facilitate it,” Bronen said. “[That] means that government agencies don’t have mandates or funding to make it possible to actually implement what everybody agrees is the best long-term adaptation strategy.”

UUSC partners with AIJ and other organizations working on climate-forced displacement across the globe to support their efforts to help communities facing destruction at the hands of rising sea levels and prepare themselves for relocation.

“Which side are we on?”: H.3033 and 287(g) agreements

On May 8, UUSC Vice President and Chief Program Officer Rachel Freed testified on a panel before the Joint Committee on the Judiciary at the Massachusetts State House in support of H.3033, a bill designed to end 287(g) agreements in Massachusetts by preventing state and local funds from being used to enforce federal immigration laws. The panel supporting H.3033 was organized by the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) and included UU Mass Action Executive Director Laura Wagner and Bishop Felipe Teixeira of the Franciscan Order of Saint Joseph Cupertino. Support for H.3033 was high with over 30 speakers supporting the bill and only three in opposition, including Bristol County Sheriff Hodgson who infamously offered to send his inmates to build the U.S.-Mexico border wall without pay.

The hearing came one day after Texas Governor Greg Abbott signed SB4 into law, a vehemently anti-immigrant bill criminalizing cities that want their law enforcement to focus on “safety” and not immigration. SB4 prohibits Texas law enforcement from practicing “sanctuary” policies and allows authorities to question someone’s immigration status based on racial profiling. The bill is now facing lawsuits from civil rights organizations.

287(g) agreements are one of the main ways that local and state law enforcement agencies become empowered to serve as an arm of Immigration and Customs Enforcement (ICE) and are granted authority to identify and hold undocumented immigrants for deportation. These agreements deputize police and sheriff officers to act as immigration agents and provide them with minimal training before authorizing them to perform immigration-related duties. . Implementation of the program is entirely funded by the local agencies themselves rather than the federal government.

In addition to using local resources to support federal aims, 287(g) agreements do not make communities safer. In her testimony, Freed pointed out that “When police and sheriffs become immigration agents, victims and witnesses of crime, including victims of domestic violence, are less likely to come forward to cooperate with law enforcement. Deputizing police to act as ICE agents in our communities opens the door to racial profiling and other civil rights abuses and undermines public safety by decreasing trust in police. Let’s not use already stretched local resources to do ICE’s job for them.”

Passing H.3033 and ending 287(g) agreements is an important first step for the state, but also not enough. This is why many Massachusetts communities are rallying behind immigrants and are focusing on getting involved at the local level.

UUSC continues to work in coalition in Massachusetts to support these efforts as well as to pass groundbreaking state legislation like the Safe Communities Act (S.1305 and H.3269). The Safe Communities Act would set a new standard for pro-immigrant state legislation. It both goes further to restrict local agents’ participation in immigration enforcement and also prohibits state law enforcement agencies and the Mass. Registry of Motor Vehicles from allowing federal access to their data, limiting their ability of the federal government to use that data for the purpose of a Muslim registry or another tracking system based on religion or national origin.

Freed ended her testimony posing a question to the Mass. legislature and Governor Baker: “Which side are we on? Are we going to be complicit with President Trump’s anti-immigrant agenda? Or will we take a bold stand to defend and protect our communities from it?”

Update as of May 24, 2017: H.3033 was reported out favorably from the Joint Committee but the planned vote was indefinitely postponed” today. UUSC is closely following the legislation to see where Massachusetts lands.