Commentary Human Rights

Rethinking Immigration: Moms Will Do Whatever it Takes to Protect Their Kids

Trisha K. Teofilo

As Congress works to pass a new immigration law, legislators must realize that neither a border nor the threat of detention will keep a determined parent from trying to reach a child who needs her care.

Cross-posted with permission from the National Immigrant Justice Center blog.

Congress needs to understand something important as it works to pass a new immigration law: Neither a border nor even the threat of detention can keep a determined parent from trying to reach a child who needs her care.

To ignore this fact, when we have the opportunity to create an immigration system that truly meets the needs of our families and communities, would not only be a lost opportunity for good public policymaking, but also would put countless lives at risk.

I have spent the majority of my career working with immigrant victims of domestic abuse. Although it can be challenging, it has proven to be extremely rewarding and fulfilling work. For more than a decade, I have had the privilege to work with men, women, and children who have taught me how to persevere.

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Harsh Laws Undermine Critical Victim Protections

Fortunately, in most of the cases I see, something can be done. I often can assist my clients with filing self-petitions under the Violence Against Women Act based on domestic abuse, or applying for U Visas based on being crime victims, or at the very least can refer them to counseling services and assistance to obtain orders of protection. I have learned to appreciate the many small steps it takes a person to move from a life of abuse, victimization, and dependence to a life of freedom and security. It is not easy, and dealing with the complex bureaucratic immigration system is a burden that often takes a backseat to the more urgent issues of personal safety, survival, and escaping abuse.

Despite progress in our laws to protect victims of domestic violence, the U.S. government’s focus on harsh enforcement practices and rollback of basic due process protections—including the chance to see a judge before being deported—have led to victims being denied true security. Deportation can be life-threatening for people who are forced to return to countries where they will not be protected from domestic violence, or for the children they leave behind in precarious situations in the United States. Deportation can mean death.

When Carmela’s* case came to me, she had recently been released from immigration detention. As a child, she was abused by her parents and older siblings. The abusive home life led her to get married at a very young age, but her husband also became abusive. Carmela fled her husband’s abuse and came to the United States. She eventually married again in the United States, only to be victimized again.

In 1995, an immigration judge granted Carmela voluntary departure. She left the United States to comply with the judge’s order. Unfortunately, the attorney she had at the time did not submit the appropriate paperwork so that the U.S. government would know that she complied with the departure order. Thus, her voluntary departure, which would have allowed her potentially to return to the U.S. lawfully at any time, turned into a deportation order, which permanently barred her from lawfully returning to the United States.

Carmela’s Struggle to Be Near Her Children

Carmela’s abusive husband insisted that she return to the United States and arranged for her to return unlawfully. Carmela felt desperate, as if she had no other choice, because she needed to care for her children. She returned to the United States, only to again be caught by immigration officials, detained, and subject to reinstatement of her deportation order. Even after she was deported, the abusive cycle continued and Carmela’s husband once again arranged for her to return to the United States unlawfully.

Carmela eventually was able to leave her abusive relationship, but without legal immigration status, it has been difficult to provide financially for her family. Her 17-year-old daughter Magaly is an excellent student who has lived in the United States since she was one. Magaly is applying for temporary protection from deportation under the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program. Carmela also has helped to raise an “adopted” U.S. citizen daughter. Another daughter, Ariana, has become a naturalized U.S. citizen and begun a family of her own.

After a car accident in 2012, a police officer arrested Carmela and transferred her to U.S. Immigration and Customs Enforcement (ICE) custody. She was detained for three months, during which Magaly was left without her mother. Current immigration law denies Carmela a hearing in front of an immigration judge because of her prior deportation order. NIJC has helped Carmela file two applications for a stay of removal and a request for prosecutorial discretion, since she easily falls into what the Obama administration has designated as “low priority” for deportation.

However, with her prior removal order, Carmela does not qualify for any long-term immigration relief. If Carmela were able to qualify for permanent legal status, she would be able to solidify the roots she has established in her community, with her family. Carmela and Magaly would not be afraid that ICE could show up at their doorstep any day and take Carmela into custody again. Magaly would have the opportunity to become a permanent resident and be able to pursue dreams of a college education after she graduates from high school this year. Instead, the family lives in fear that Carmela can be deported any day.

Laws Should Protect, Not Punish, Families

Congress needs to rebuild our immigration system so that it includes people like Carmela and Magaly. Carmela should not be punished for returning to the United States to care for her children. She should be afforded a hearing in front of an immigration judge and an opportunity to share her story. She should not have to fear returning to immigration detention. She is not a criminal or a flight risk. Rather, she is a mother and a provider. She should be allowed to stay in the United States and obtain long-term immigration status to build a life with her family, free from abuse and fear.

And if my argument is not persuasive enough, read Magaly’s own words from her DACA work authorization application, where she tells the U.S. government why she wants a chance for her family to build a future in the United States:

*All names have been changed

Commentary Violence

When It Comes to Threats, Online or on the Campaign Trail, It’s Not Up to Women to ‘Suck It Up’

Lauren Rankin

Threats of violence toward women are commonplace on the internet for the same reason that they are increasingly common at Donald Trump rallies: They are effective at perpetuating violence against women as the norm.

Bizarre and inflammatory rhetoric is nothing new for this election. In fact, the Republican presidential candidate has made an entire campaign out of it. But during a rally last Tuesday, Donald Trump sunk to a new level. He lamented that if Hillary Clinton is elected president in November, there will be no way to stop her from making judicial nominations.

He said, “By the way, and if she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people, maybe there is, I don’t know.”

For a candidate marred by offensive comment after offensive comment, this language represents a new low, because, as many immediately explained, Trump appears to be making a veiled threat against Clinton, whether he had intended to or not.

Sen. Elizabeth Warren (D-MA) called it a “death threat” and Dan Rather, former CBS Evening News host, called it a “direct threat of violence against a political rival.” Former President Ronald Reagan’s daughter Patti Davis said it was “horrifying,” and even the author of an NRA-linked blog initially tweeted, “That was a threat of violence. As a real supporter of the #2A it’s appalling to me,” before deleting the tweet as the NRA expressed support for Trump.

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This kind of language is violent in nature on its face, but it is also gendered, following in a long line of misogynistic rhetoric this election season. Chants of “kill the bitch” and “hang the bitch” have become common at Trump rallies. These aren’t solely examples of bitter political sniping; these are overt calls for violence.

When women speak out or assert ourselves, we are challenging long-held cultural norms about women’s place and role in society. Offensively gendered language represents an attempt to maintain the status quo. We’ve seen this violent rhetoric online as well. That isn’t an accident. When individuals throw pejorative terms at those of who refuse to be silenced, they are attempting to render public spaces, online or on the campaign trail, unsafe for us.

There is no shortage of examples demonstrating how individuals who feel threatened by subtle power shifts happening in our society have pushed back against those changes. The interactions happening online, on various social media platforms, offer the most vivid examples of the ways in which people are doing their best to try to make public spaces as uncomfortable as possible for marginalized populations.

Social media offers the opportunity for those whose voices are routinely ignored to hold power in a new way. It is a slow but real shift from old, more traditional structures of privileging certain voices to a more egalitarian megaphone, of sorts.

For marginalized populations, particularly women of color and transgender women, social media can provide an opportunity to be seen and heard in ways that didn’t exist before. But it also means coming up against a wall of opposition, often represented in a mundane but omnipresent flow of hatred, abuse, and violent threats from misogynist trolls.

The internet has proven to be a hostile place for women. According to a report from the United Nations, almost three quarters of women online have been exposed to some form of cyber violence. As someone who has received threats of violence myself, I know what it feels like to have sharing your voice met with rage. There are women who experience this kind of violent rhetoric to an even greater degree than I could ever dream.

The list of women who have been inundated with threats of violence could go on for days. Women like Zerlina Maxwell, who was showered with rape threats after saying that we should teach men not to rape; Lindy West received hundreds upon hundreds of violent and threatening messages after she said that she didn’t think rape jokes were funny; Leslie Jones, star of Ghostbusters and Saturday Night Live, was driven off of Twitter after a coordinated attack of racist, sexist, and violent language against her.

And yet, rarely are such threats taken seriously by the broader community, including by those able to do something about it.

Many people remain woefully unaware of how cruel and outright scary it can be for women online, particularly women with prolific digital profiles. Some simply refuse to see it as a real issue, declaring that “It’s just the internet!” and therefore not indicative of potential physical violence. Law enforcement doesn’t even have a solution, often unwilling to take these threats seriously, as Amanda Hess found out.

This kind of response is reflected in those who are trying to defend Donald Trump after the seemingly indefensible. Despite the overwhelming criticism from many, including some renowned Republicans, we have also seen some Trump supporters try to diminish or outright erase the violent aspect of this clearly threatening rhetoric. Sen. Roy Blunt (R-MO) and former mayor of New York City Rudy Giuliani have both said that they assumed Trump meant get rid of her “by voting.” Speaker of the House Paul Ryan (R-WI) said that it “sounds like just a joke gone bad.”

The violent nature of Donald Trump’s comments seem apparent to almost everyone who heard him. To try to dismiss it as a “joke” or insist that it is those who are offended that are wrong is itself harmful. This is textbook gaslighting, a form of psychological abuse in which a victim’s reality is eroded by telling them that what they experienced isn’t true.

But gaslighting has played a major role in Donald Trump’s campaign, with some of his supporters insisting that it is his critics who are overreacting—that it is a culture of political correctness, rather than his inflammatory and oppressive rhetoric, that is the real problem.

This is exactly what women experience online nearly every day, and we are essentially told to just suck it up, that it’s just the internet, that it’s not real. But tell that to Jessica Valenti, who received a death and rape threat against her 5-year-old daughter. Tell that to Anita Sarkeesian, who had to cancel a speech at Utah State after receiving a death threat against her and the entire school. Tell that to Brianna Wu, a game developer who had to flee her home after death threats. Tell that to Hillary Clinton, who is trying to make history as the first woman president, only to have her life threatened by citizens, campaign advisers, and now through a dog whistle spoken by the Republican presidential candidate himself.

Threats of violence toward women are commonplace on the internet for the same reason that they are increasingly common at Donald Trump’s rallies: They are effective at perpetuating violence against women as the norm.

Language matters. When that language is cruel, aggressive, or outright violent, it doesn’t exist in a vacuum, and it doesn’t come without consequences. There is a reason that it is culturally unacceptable to say certain words like “cunt” and other derogatory terms; they have a history of harm and oppression, and they are often directly tied to acts of violence. When someone tweets a woman “I hope your boyfriend beats you,” it isn’t just a trolling comment; it reflects the fact that in the United States, more women are killed by intimate partners than by any other perpetrator, that three or more women die every day from intimate partner violence. When Donald Trump not only refuses to decry calls of violence and hate speech at his rallies but in fact comes across as threatening his female opponent, it isn’t just an inflammatory gaffe; it reflects the fact that one in three women have experienced physical or sexual violence.

Threats of violence have no place in presidential campaigns, but they also have no place online, either. Until we commit ourselves to rooting out violent language against women and to making public spaces safer and more accommodating for women and all marginalized people, Trump’s comments are just par for the course.

News Human Rights

Mothers in Family Detention Launch Hunger Strike: ‘We Will Get Out Alive or Dead’

Tina Vasquez

The hunger strikers at the Berks County Residential Center in Pennsylvania are responding to recent comments made by Department of Homeland Security Secretary Jeh Johnson in which he said the average length of stay in family detention is 20 days. The women say they've been in detention with their children between 270 and 365 days.

On Monday, 22 mothers detained inside Pennsylvania’s Berks County Residential Center, one of the two remaining family detention centers in the country, launched a hunger strike in response to recent comments made by Department of Homeland Security (DHS) secretary Jeh Johnson in which he said the average length of stay in family detention is 20 days.

The average length of stay for the 22 hunger strikers has been between 270 and 365 days, they say.

Erika Almiron, director of the immigrant rights organization Juntos and a core member of the Shut Down Berks Coalition, informed the women detained inside Berks of Johnson’s recent comment via email, hoping they would want to release a statement that her organization could help amplify. Instead, the women decided to launch a hunger strike, with recent reports indicating the number of participants has risen to 26.

“When Johnson said [ICE] only detain[s] people for 20 days, he said that thinking that no one would care,” Almiron told Rewire. “Our goal has always been to make people aware of the inhumane nature of detention in general, but also that children are being locked up and moms are being held indefinitely.”

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By definition, “family detention” means the women in Berks are detained alongside their children, who range in age from 2 to 16 years old. In an open letter addressed to Johnson, the women share that their children have routinely expressed suicidal thoughts as a direct result of being imprisoned. The women allege that they are being threatened by psychologists and doctors in the detention center for making this information public, but are choosing to move forward with the hunger strike.

In part, the letter reads:

The teenagers say being here, life makes no sense, that they would like to break the window to jump out and end this nightmare, and on many occasions they ask us if we have the courage to escape. Other kids grab their IDs and tighten them around their necks and say that they are going to kill themselves if they don’t get out of here. The youngest kids (2 years old) cry at night for not being able to express what they feel … We are desperate and we have decided that: we will get out alive or dead. If it is necessary to sacrifice our lives so that our children can have freedom: We will do it!

An August 2015 report about the Berks center by Human Rights First, a human rights advocacy organization, seemed to confirm what women and children detained inside of the facility have been saying since the detention center’s inception in 2001: Detention is no place for families and being imprisoned is detrimental to the health and well-being of children.

According to the Human Rights First report, detained parents in Berks experience depression, which only exacerbates the trauma they experienced in their countries of origin, and their children exhibit symptoms of depression, anxiety, and increased aggression. Frequent room checks that take place at 15-minute intervals each night also result in children experiencing insomnia, fear, and anxiety, the report says.

Families detained inside of Berks have no real means to alleviate these symptoms because the facility does not provide adequate mental health care, according to the report. Human Rights First notes that Berks does not have Spanish-speaking mental health providers, “though the majority of families sent to family detention in the United States are Spanish-speaking and many have suffered high rates of trauma, physical and sexual violence, and exploitation.”

The organization also explains that only 23 of the total staff at Berks (or less than 40 percent) reportedly speak some conversational Spanish, “making it difficult for many staff members to effectively communicate with children and their parents.”

Berks has a history of human rights abuses. A 41-year-old former counselor at Berks was recently sentenced to between six and 23 months of jail time for the repeated sexual assault of a 19-year-old asylum-seeking mother. The young woman, along with her 3-year-old son, fled sexual domestic violence in her native Honduras. The assaults on the young mother at the detention center were witnessed by at least one of the children detained with her.

There have also been health-care issues at Berks, including the failure by the detention center to provide adequate services, according to Human Rights First.

The organization was able to collect some of the letters women detained at Berks wrote to Immigration and Customs Enforcement (ICE), along with ICE’s response to their concerns. One woman, detained at Berks for four months, told ICE that her 5-year-old daughter had diarrhea for three weeks and that the detention center’s doctor failed to provide her child with any medication or other care. The woman asked for “adequate medication” for her daughter and for the opportunity to have her asylum case handled outside of detention. ICE’s response: “Thank you! You may disolve [sic] your case at any time and return to your country. Please use the medical department [at Berks] in reference to health related issues.”

Using family detention as a way to handle migrants, especially those fleeing violence in Central America, has been called inhumane by many, including activists, advocates, mental health specialists, and religious leaders. But the prolonged detainment of women and children at Berks is in violation of ICE’s own standards.

In June of 2015, Johnson announced a series of reforms, including measures aimed at reducing the length of family detention stays for families who had passed a protection screening. But then earlier this month, Johnson defended family detention, saying, “The department has added flexibility consistent with the terms of the [Flores] settlement agreement in times of influx. And we’ve been, by the standard of 1997, at an influx for some time now. And so what we’ve been doing is ensuring the average length of stay at these facilities is 20 days or less. And we’re meeting that standard.”

But all of the 22 mothers on hunger strike at Berks have been in detention for months, according to the letter they sent Johnson.

There’s also the issue that in July, a federal appeals court ordered DHS to end family detention because it violates Flores v. Johnson, which determined that children arriving to the United States with their mothers should not be held in unlicensed detention centers. Soon after, family detention centers scrambled to get licensed as child-care facilities (a battle they’re losing in Texas), but the Pennsylvania Department of Human Services (PA DHS) licensed Berks to operate as a children’s delinquency center. In October 2015, PA DHS decided not to renew the license, which would have expired February 21, 2016, because the facility holds asylum-seeking families as opposed to only children, as the license permitted. Berks appealed the decision to not renew its license, and continues to operate until it receives a ruling on that appeal.

“Our argument from the start has been that we don’t think any of this is legal,” Almiron told Rewire in a phone interview Friday afternoon. “What is happening inside of Berks is illegal. I have no idea how they continue to operate. Right now, Berks does not have a license. It was revoked because the license they did have didn’t fit what they were doing. They also have prolonged detention. Women who are hunger striking have been there 360-something days, but then Jeh Johnson says it’s only 20 days. There is no accountability with DHS or ICE. There are numerous ways [DHS and ICE are] not accountable, but Berks is a prime example. There is no transparency and they can to change the law whenever they like.”

Neither DHS nor Berks responded to requests for comment from Rewire.

Advocates have expressed concerns that the women in Berks will be retaliated against by ICE and detention center employees because of their participation in the hunger strike. As Rewire reported, when women at Texas’ T. Don Hutto Residential Center, a former family detention center, launched a hunger strike in November 2015, participants alleged that ICE used solitary confinement and transferred hunger strikers to different facilities, moving them further from their family in the area and their legal counsel. ICE denied a hunger strike was even taking place.

In December 2015, men detained at the Etowah County Detention Center in Gadsden, Alabama, ended a 14-day hunger strike after a local judge authorized officials to force-feed one of the hunger strikers because of his “deteriorating health” due to dehydration. Advocates told Rewire force-feeding was being used as a form of retaliation.

Almiron said the hunger strikers at Berks have already been threatened by guards, who told the women that if they continue to hunger strike and they get too weak, their children will be taken away from them. The organizer said the letter the women wrote to Johnson shows their bravery, and their understanding that they are willing to take whatever risk necessary to help their children.

“Honestly, I think they’ve been retaliated against the moment they came to this country. The fact that they’re in detention is retaliation against their human survival,” Almiron said. “Retaliation happens in detention centers all the time, women are threatened with deportation for asking for medical care for their children. These women are incredibly strong. In my eyes, they’re heroes and they’re committed to this fight to end family detention, and so are we.”

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