A Promising First Step in Protecting Illinois Teenagers’ Health and Safety

ACLU

An Illinois state court issued an emergency order yesterday blocking a law that prevents teens from having an abortion unless they notify a parent or go to court.

In a legal challenge brought by the ACLU, an Illinois state court yesterday issued an emergency order blocking a law that prevents teens from having an abortion unless they notify a parent or go to court. This victory ensures that teens throughout Illinois will continue to be safe and able to obtain the care that they need.

The truth is that most teens already turn to their parents when facing a pregnancy. This is what any of us would want as parents. Make no mistake: If enforced, this unconstitutional law would change nothing for those teens. Instead, the law endangers teenagers from dysfunctional families — those who face physical and emotional abuse, homelessness, and forced childbirth, among other things, if they tell their parents about their pregnancies.

The stories the ACLU submitted to the court make this point all too well:

  • One young woman described how her parents responded when her older sister became pregnant. Upon learning of the pregnancy, the father beat the older sister and threw her out of the house with all of her belongings. He then ordered the younger siblings to take the discarded things to a dumpster and demanded that they never speak to their sister again. Four years later, this young woman and her family still knew nothing of the sister’s whereabouts.
  • Other young women tell of being emotionally abused or beaten when their parents learn they are pregnant; some were involuntarily sent to live in another country to prevent them from having an abortion; and others were forced to give birth and become mothers against their will.

 

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Proponents of parental notice laws acknowledge, as they must, that these kinds of situations exist, and that it would be unlawful to allow a parent to overrule a young woman’s right to decide whether and when to become a parent herself. Instead they point to the judicial bypass, which allows a teen to go to court in lieu of talking to her parents. But what kind of alternative is it to ask a pregnant teenager, one who is already feeling quite vulnerable, to find a lawyer, navigate an unfamiliar court system, and reveal the most intimate details of her life to a judge, a complete stranger. For many, especially those who are afraid or ashamed of revealing the abuse they experience at home, going to court is simply not an option.

Indeed, Jamie Sabino — a lawyer who has worked with minors seeking judicial bypasses in Massachusetts for more than 25 years — has many troubling stories to tell about the bypass process: One teen was at the courthouse for a bypass hearing when her sister’s class came through on a field trip. Another ran into her father outside the courthouse. One young woman successfully went through her bypass hearing; however days later, an anti-abortion group sent her parents a letter informing them that she had done so. They had monitored the courthouse and identified her from a school yearbook picture.

Although promising, yesterday’s injunction is only a first step. We will continue to fight this law in the weeks and months to come. In the meantime, instead of enforcing laws that do more harm than good, let’s start talking to our daughters and sons about making responsible and healthy decisions about sexuality; let’s help parents and teens communicate; and let’s ensure that every teen has a caring adult they can turn to for advice and support no matter what life challenges they may face.

News Human Rights

Migrants in Border Patrol Facilities Endure ‘Inhumane,’ ‘Unconstitutional’ Treatment

Tina Vasquez

These processing centers have been found to be unsuitable for overnight detention, as they do not have beds. The centers “are extremely cold, frequently overcrowded, and routinely lack adequate food, water, and medical care," according to a 2015 report from the American Immigration Council.

An Arizona district court on Thursday released photos of Border Patrol processing centers that show the “inhumane and unconstitutional” treatment of migrants in these facilities.

The release comes after a months-long legal battle between Border Patrol and the National Immigration Law Center, the American Immigration Council, and the American Civil Liberties Union (ACLU) of Arizona.

The images were taken from security footage and are exhibits in an ongoing lawsuit against the agency. Taken within eight Arizona facilities, spanning Nogales, Douglas, Naco, Casa Grande, and Tucson, it is one of the rare instances Border Patrol has been forced to share images from its holding cells.

Known as as hieleras–or iceboxes–by migrants because of their frigid temperature, those detained in the holding cells are given nothing to stay warm but “Mylar blankets,” which are easily torn, foil-like sheets. In one photo, a mother changes her baby’s diaper on top of Mylar sheets on the concrete floor, surrounded by garbage. In another image taken from the processing center in Tucson, migrants are wrapped in Mylar sheets huddled together on the concrete floor. The cell is so crowded that there is no room to move.

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These processing centers have been found to be unsuitable for overnight detention, as they do not have beds. The centers “are extremely cold, frequently overcrowded, and routinely lack adequate food, water, and medical care,” according to a 2015 report from the American Immigration Council.

The facilities are intended to temporarily detain immigrants while their criminal records are checked, their fingerprints are taken, and the next step in their case is determined. U.S. Customs and Border Protection (CBP), Border Patrol’s parent agency, has no statutes or regulations governing short-term facilities.

CBP has internal guidance regarding standards, specifications, and the operation of its facilities, including setting limits on the maximum length of time that a person should be held in a holding cell.

A 2008 CBP memorandum revealed that “a detainee should not be held for more than 12 hours” and should be moved “promptly.” A new American Immigration Council study, released in conjunction with the security footage photos, found that migrants are routinely kept overnight in poor conditions.

Using government data obtained through the Freedom of Information Act (FOIA), the American Immigration Council found that Border Patrol regularly uses these facilities to detain people for prolonged periods.

“Over 80 percent of people detained by the Border Patrol in its Tucson Sector are held for over 24 hours, meaning that men, women and children are forced to sleep on concrete floors and hard benches in holding cells that lack beds and are not equipped for sleeping,” the organization reported.

Analyzing data on almost 327,000 immigrations from September 2014 to August 2015, the study reports that in the southwest Border Patrol sectors, 67 percent of detained immigrants were held in Border Patrol facilities for 24 hours or more. Almost 30 percent were held for 48 hours or more and 14 percent for 72 hours or more.

The American Immigration Council said the facilities’ conditions violate CBP’s policies and are alleged to violate the U.S. Constitution. Migrants endure freezing temperatures and are forced to sit and sleep on cold, concrete floors. According to CBP guidelines, those detained should be provided with snacks and meals, be given access to potable drinking water, should have access to bathrooms and toilet items, and be given necessary medical attention.

Agents must make “reasonable efforts” to provide a shower for detainees held for more than 72 hours and ensure detention cells are regularly cleaned and sanitized.

Evidence and testimonies gathered by the American Immigration Council found that migrants receive little or no food or clean drinking water. One of the images released Thursday shows a man drinking directly from a lone plastic gallon of water, presumably the only source of water for all those detained in the cell. The organization also reports that migrants are forced to stay in “overcrowded and unsanitary holding cells without basic hygiene items; denied adequate medical screening or care; denied communication with family members, legal counsel, or consulates; and coerced into signing deportation papers.”

The American Immigration Council’s findings add to accusations of inhumane treatment, abuse, and constitutional violations made by Border Patrol against migrants, including the abuse of children and significantly high rates of sexual misconduct. It remains unknown if Border Patrol will change its practices concerning the inhumane treatment of migrants in its custody.

Commentary Politics

On Immigration, Major Political Parties Can’t Seem to Agree on What’s ‘Un-American’

Tina Vasquez

As far as immigration is concerned, neither the Democrats nor Republicans are without their faults, though positions taken at the conventions were clearly more extreme in one case than the other.

Read more of our coverage of the Democratic National Convention here.

Immigration has been one of the country’s most contentious political topics and, not surprisingly, is now a primary focus of this election. But no matter how you feel about the subject, this is a nation of immigrants in search of “el sueño Americano,” as Karla Ortiz reminded us on the first night of the Democratic National Convention (DNC). Ortiz, the 11-year-old daughter of two undocumented parents, appeared in a Hillary Clinton campaign ad earlier this year expressing fear that her parents would be deported. Standing next to her mother on the DNC stage, the young girl told the crowd that she is an American who wants to become a lawyer to help families like hers.

It was a powerful way to kick-start the week, suggesting to viewers Democrats were taking a radically different approach to immigration than the Republican National Convention (RNC). While the RNC made undocumented immigrants the scapegoats for a variety of social ills, from U.S. unemployment to terrorism, the DNC chose to highlight the contributions of immigrants: the U.S. citizen daughter of undocumented parents, the undocumented college graduate, the children of immigrants who went into politics. Yet, even the stories shared at the DNC were too tidy and palatable, focusing on “acceptable” immigrant narratives. There were no mixed-status families discussing their deported parents, for example.

As far as immigration is concerned, neither the Democrats nor Republicans are without their faults, though positions taken at the conventions were clearly more extreme in one case than the other. By the end of two weeks, viewers may not have known whether to blame immigrants for taking their jobs or to befriend their hardworking immigrant neighbors. For the undocumented immigrants watching the conventions, the message, however, was clear: Both parties have a lot of work to do when it comes to humanizing their communities.  

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“No Business Being in This Country”

For context, Republican presidential nominee Donald Trump and his running mate Mike Pence are the decidedly anti-immigrant ticket. From the beginning, Trump’s campaign has been overrun by anti-immigrant rhetoric, from calling Mexicans “rapists” and “killers” to calling for a ban on Muslim immigration. And as of July 24, Trump’s proposed ban now includes people from countries “compromised by terrorism” who will not be allowed to enter the United States, including anyone from France.

So, it should come as no surprise that the first night of the RNC, which had the theme of “Make America Safe Again,” preyed on American fears of the “other.” In this case: undocumented immigrants who, as Julianne Hing wrote for the Nation, “aren’t just drug dealers and rapists anymorenow they’re murderers, too.”

Night one of the RNC featured not one but three speakers whose children were killed by undocumented immigrants. “They’re just three brave representatives of many thousands who have suffered so gravely,” Trump said at the convention. “Of all my travels in this country, nothing has affected me more, nothing even close I have to tell you, than the time I have spent with the mothers and fathers who have lost their children to violence spilling across our borders, which we can solve. We have to solve it.”

Billed as “immigration reform advocates,” grieving parents like Mary Ann Mendoza called her son’s killer, who had resided in the United States for 20 years before the drunk driving accident that ended her police officer son’s life, an “illegal immigrant” who “had no business being in this country.”

It seemed exploitative and felt all too common. Drunk driving deaths are tragically common and have nothing to do with immigration, but it is easier to demonize undocumented immigrants than it is to address the nation’s broken immigration system and the conditions that are separating people from their countries of originconditions to which the United States has contributed. Trump has spent months intentionally and disingenuously pushing narratives that undocumented immigrants are hurting and exploiting the United States, rather than attempting to get to the root of these issues. This was hammered home by Mendoza, who finished her speech saying that we have a system that cares more about “illegals” than Americans, and that a vote for Hillary “puts all of our children’s lives at risk.”

There was also Maricopa County Sheriff Joe Arpaio, a notorious racist whose department made a practice of racially profiling Latinos and was recently found to be in civil contempt of court for “repeatedly and knowingly” disobeying orders to cease policing tactics against Latinos, NPR reported.

Like Mendoza, Arpaio told the RNC crowd that the immigration system “puts the needs of other nations ahead of ours” and that “we are more concerned with the rights of ‘illegal aliens’ and criminals than we are with protecting our own country.” The sheriff asserted that he was at the RNC because he was distinctly qualified to discuss the “dangers of illegal immigration,” as someone who has lived on both sides of the border.

“We have terrorists coming in over our border, infiltrating our communities, and causing massive destruction and mayhem,” Arpaio said. “We have criminals penetrating our weak border security systems and committing serious crimes.”

Broadly, the takeaway from the RNC and the GOP nominee himself is that undocumented immigrants are terrorists who are taking American jobs and lives. “Trump leaned on a tragic story of a young woman’s murder to prop up a generalized depiction of immigrants as menacing, homicidal animals ‘roaming freely to threaten peaceful citizens,’” Hing wrote for the Nation.

When accepting the nomination, Trump highlighted the story of Sarah Root of Nebraska, a 21-year-old who was killed in a drunk-driving accident by a 19-year-old undocumented immigrant.

“To this administration, [the Root family’s] amazing daughter was just one more American life that wasn’t worth protecting,” Trump said. “One more child to sacrifice on the altar of open borders.”

It should be noted that the information related to immigration that Trump provided in his RNC speech, which included the assertion that the federal government enables crime by not deporting more undocumented immigrants (despite deporting more undocumented immigrants than ever before in recent years), came from groups founded by John Tanton, a well-known nativist whom the Southern Poverty Law center referred to as “the racist architect of the modern anti-immigrant movement.”

“The Border Crossed Us”

From the get-go, it seemed the DNC set out to counter the dangerous, anti-immigrant rhetoric pushed at the RNC. Over and over again, Democrats like Congressional Hispanic Caucus Chair Rep. Linda Sánchez (D-CA) hit back hard against Trump, citing him by name and quoting him directly.

“Donald Trump believes that Mexican immigrants are murderers and rapists. But what about my parents, Donald?” Sánchez asked the crowd, standing next to her sister, Rep. Loretta Sánchez (D-CA). “They are the only parents in our nation’s 265-year history to send not one but two daughters to the United States Congress!”

Each speech from a Latino touched on immigration, glossing over the fact that immigration is not just a Latino issue. While the sentiments were positiveillustrating a community that is thriving, and providing a much-needed break from the RNC’s anti-immigrant rhetoricat the core of every speech were messages of assimilation and respectability politics.

Even in gutsier speeches from people like actress Eva Longoria, there was the need to assert that her family is American and that her father is a veteran. The actress said, “My family never crossed a border. The border crossed us.”

Whether intentional or not, the DNC divided immigrants into those who are acceptable, respectable, and worthy of citizenship, and those—invisible at the convention—who are not. “Border crossers” who do not identify as American, who do not learn English, who do not aspire to go to college or become an entrepreneur because basic survival is overwhelming enough, what about them? Do they deserve to be in detention? Do their families deserve to be ripped apart by deportation?

At the convention, Rep. Luis Gutiérrez (D-IL), a champion of immigration reform, said something seemingly innocuous that snapped into focus the problem with the Democrats’ immigration narrative.

“In her heart, Hillary Clinton’s dream for America is one where immigrants are allowed to come out of the shadows, get right with the law, pay their taxes, and not feel fear that their families are going to be ripped apart,” Gutiérrez said.

The Democratic Party is participating in an all-too-convenient erasure of the progress undocumented people have made through sheer force of will. Immigration has become a leading topic not because there are more people crossing the border (there aren’t) or because nativist Donald Trump decided to run for president, but because a segment of the population has been denied basic rights and has been fighting tooth and nail to save themselves, their families, and their communities.

Immigrants have been coming out of the shadows and as a result, are largely responsible for the few forms of relief undocumented communities now have, like Deferred Action for Childhood Arrivals, which allows certain undocumented immigrants who meet specific qualifications to receive a renewable two-year work permit and exemption from deportation. And “getting right with the law” is a joke at this point. The problem isn’t that immigrants are failing to adhere to immigration laws; the problem is immigration laws that are notoriously complicated and convoluted, and the system, which is so backlogged with cases that a judge sometimes has just seven minutes to determine an immigrant’s fate.

Becoming a U.S. citizen is also really expensive. There is a cap on how many people can immigrate from any given country in a year, and as Janell Ross explained at the Washington Post:

There are some countries, including Mexico, from where a worker with no special skills or a relative in the United States can apply and wait 23 years, according to the U.S. government’s own data. That’s right: There are people receiving visas right now in Mexico to immigrate to the United States who applied in 1993.

But getting back to Gutierrez’s quote: Undocumented immigrants do pay taxes, though their ability to contribute to our economy should not be the one point on which Democrats hang their hats in order to attract voters. And actually, undocumented people pay a lot of taxes—some $11.6 billion in state and local taxes last year, according to the Institute on Taxation and Economic Policy—while rarely benefiting from a majority of federal assistance programs since the administration of President Bill Clinton ended “welfare as we know it” in 1996.

If Democrats were being honest at their convention, we would have heard about their failure to end family detention, and they would have addressed that they too have a history of criminalizing undocumented immigrants.

The 1996 Antiterrorism and Effective Death Penalty Act and the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, enacted under former President Clinton, have had the combined effect of dramatically increasing the number of immigrants in detention and expanding mandatory or indefinite detention of noncitizens ordered to be removed to countries that will not accept them, as the American Civil Liberties Union notes on its site. Clinton also passed the North American Free Trade Agreement, which economically devastated Mexican farmers, leading to their mass migration to the United States in search of work.

In 1990, then-Sen. Joe Biden introduced the Violence Against Women Act, which passed in 1994 and specifically excluded undocumented women for the first 19 of the law’s 22 years, and even now is only helpful if the victim of intimate partner abuse is a child, parent, or current/former spouse of a U.S. citizen or a permanent resident.

In addition, President Obama is called by immigrant rights advocates “deporter in chief,” having put into place a “deportation machine” that has sent more than two million migrants back to their country of origin, more than any president in history. New arrivals to the United States, such as the Central American asylum seekers coming to our border escaping gender-based violence, are treated with the same level of prioritization for removal as threats to our national security. The country’s approach to this humanitarian crisis has been raiding homes in the middle of the night and placing migrants in detention centers, which despite being rife with allegations of human rights abuses, are making private prison corporations millions in revenue.

How Are We Defining “Un-American”?

When writing about the Democratic Party, community organizer Rosa Clemente, the 2008 Green Party vice president candidate, said that she is afraid of Trump, “but not enough to be distracted from what we must do, which is to break the two-party system for good.”

This is an election like we’ve never seen before, and it would be disingenuous to imply that the party advocating for the demise of the undocumented population is on equal footing with the party advocating for the rights of certain immigrants whose narratives it finds acceptable. But this is a country where Republicans loudly—and with no consequence—espouse racist, xenophobic, and nativist beliefs while Democrats publicly voice support of migrants while quietly standing by policies that criminalize undocumented communities and lead to record numbers of deportations.

During two weeks of conventions, both sides declared theirs was the party that encapsulated what America was supposed to be, adhering to morals and values handed down from our forefathers. But ours is a country comprised of stolen land and built by slave labor where today, undocumented immigrants, the population most affected by unjust immigration laws and violent anti-immigrant rhetoric, don’t have the right to vote. It is becoming increasingly hard to tell if that is indeed “un-American” or deeply American.

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