October, 28 2010, 03:34pm EDT
Rights Groups File Emergency Injunction to Obtain Documents on "Dangerous" ICE Program
Attorneys, Advocates Call “Secure Communities” Dangerous, Demand Information to End Opt-Out Confusion
NEW YORK
Today, the National Day Laborer Organization Network (NDLON), the Center for Constitutional Rights (CCR) and the Kathryn O. Greenberg Immigration Justice Clinic of Cardozo Law filed an injunction in federal court to require the Immigration and Customs Enforcement (ICE) agency to turn over critical documents on the ability for communities to opt-out of the "Secure Communities" (S-Comm) program that enlists local police to become what ICE describes as a "force multiplier" for immigration enforcement.
"Communities across the country are unanimously deciding that keeping residents safe means refusing to participate in the ICE dragnet 'Secure Communities'," said NDLON Executive Director Pablo Alvarado. "Since the inception of the program, it has been marked by outright dishonesty from ICE. Now is the time for transparency. We are asking the courts to take action to prevent the agency's misinformation from continuing to trample the democratic process."
So far, at least, San Francisco and Santa Clara, California, and Arlington, Virginia, have formally requested to opt-out of S-Comm. The emergency injunction is being filed before those municipalities who have voted to opt-out are scheduled to meet with ICE in early November. The lack of information and mixed messages from the agency, however, is causing confusion, leaving local law enforcement frustrated about an issue that groups say is undermining community safety. The injunction specifically seeks to prevent ICE from withholding documents on the "opt-out" policy to allow local communities to have the information necessary to make determination regarding the S-Comm program. The documents requested should have already been turned over Freedom of Information Act (FOIA) law suit filed last April, which ICE has only partially complied with.
"In spite of the widespread confusion about the opt-out process, ICE is moving full speed ahead, deploying S-Comm in cities and counties across the nation, said Bridget Kessler, Clinical Teaching Fellow at the Kathryn O. Greenberg Immigration Justice Clinic of Cardozo Law. "If information about opt-out is released years down the road, it will not do any good for local communities who need to understand the program and make decisions about it now."
"The government is signing agreements with States without local jurisdictions' permission. Obtaining records related to the opting out process is essential to maintain an open government process and safeguard local governments' ability to make decisions that impact their constituents. Especially for places like San Francisco, Santa Clara and Arlington, the public can no longer wait for the records," said CCR staff attorney Sunita Patel.
Secretary of the Department of Homeland Security (DHS) Janet Napolitano has backed off of earlier claims that local communities are able to opt out of the program. Following the FOIA law suit, ICE issued a seven-page document defending the highly criticized program but describing for the first time an opt-out process for local jurisdictions to be removed from the S-Comm deployment plan. Shortly thereafter, Napolitano confirmed the opt-out option. After the Washington Post broke a story in which a high-level ICE source claimed no such option existed, however, Napolitano said her department "doesn't consider Secure Communities an opt in/opt out program."
According to advocates who have reviewed the initial S-Comm documents from the FOIA case, they reveal a pattern of dishonesty. Information about the nascent program has been scarce, and the development of operational details has been shrouded in secrecy. S-Comm, which currently operates in approximately 600 jurisdictions across the country, functions like the controversial 287(g) program and Arizona's SB1070, making state and local police central to the enforcement of federal immigration law. The program automatically runs fingerprints through immigration databases for all people arrested and targets them for detention and deportation even if their criminal charges are minor, eventually dismissed, or the result of an unlawful arrest.
Visit www.CCRjustice.org/secure-communities for the filing and www.UncoverTheTruth.org for more information on Secure Communities.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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'Barbaric': Whistleblowers Further Expose Israel's Torture of Detained Palestinians
"What we know about Gaza is only tip of atrocity iceberg."
May 10, 2024
Three Israeli whistleblowers who worked at the notorious Sde Teiman prison camp in the Negev desert offered horrifying accounts of the treatment of Palestinians held there, tellingCNN that the facility's doctors have amputated limbs due to handcuffing injuries, allowed detainees' wounds to rot, and carried out vicious beatings.
A medic who worked at Sde Teiman's field hospital said that Palestinian detainees there are stripped "of anything that resembles human beings" and that the harassment and torture are done not to "gather intelligence" but "out of revenge" for the October 7 attacks.
Israel has detained thousands of Gaza residents since October, with many of them held under a recently amended law that empowers Israeli authorities to imprison people indefinitely without charge or due process. Human rights organizations have documented Israeli forces' brutal and degrading treatment of Palestinian detainees, including women and children.
At the field hospital, CNN reported, "wounded detainees are strapped to their beds, wearing diapers and fed through straws."
One Israeli whistleblower took a photograph of a room at the facility, which the person said was filled with a "putrid stench" and the sound of "men's murmurs" as they were "forbidden from speaking to each other."
"We were told they were not allowed to move," the whistleblower said. "They should sit upright. They're not allowed to talk. Not allowed to peek under their blindfold."
CNN finally sheds light on Israel's shocking and barbaric torture chambers: thousands of people, detained for months:
Strapped down, blindfolded, held in diapers: Israeli whistleblowers detail abuse of Palestinians in shadowy detention centerhttps://t.co/XuOL4IaFQS
— Nimer Sultany (@NimerSultany) May 10, 2024
The whistleblower accounts, according to CNN, "paint a picture of a facility where doctors sometimes amputated prisoners' limbs due to injuries sustained from constant handcuffing; of medical procedures sometimes performed by underqualified medics earning it a reputation for being 'a paradise for interns'; and where the air is filled with the smell of neglected wounds left to rot."
The testimony provided to CNN is consistent with details that a doctor at the camp's field hospital included in a recent letter to top Israeli officials. The doctor described unlawful and inhumane conditions; in a single week, the person said, "two prisoners had their legs amputated due to handcuff injuries, which unfortunately is a routine event."
A report published last month by Al Mezan, a Palestinian human rights organization, also documented "harrowing accounts of torture and inhumane treatment" of people detained by the Israeli military.
"A 19-year-old detainee told an Al Mezan lawyer that he was tortured from the moment he was arrested," the group said. "He described how three of his fingernails were removed with pliers during interrogation. He also stated that investigators unleashed a dog on him and subjected him to shabeh—a form of torture which involves detainees being handcuffed and bound in stress positions for long periods—three times over three days of interrogation. He was then placed in a cell for 70 days, where he experienced starvation and extreme fatigue."
Mohammed Al-Ran, a Palestinian doctor who was arrested by Israeli forces in December, told CNN that he was "stripped down to his underwear, blindfolded and his wrists tied, then dumped in the back of a truck where... the near-naked detainees were piled on top of one another as they were shuttled to a detention camp in the middle of the desert."
Al-Ran was held by Israeli forces for 44 days. Just before his release, he told CNN, "a fellow prisoner had called out to him, his voice barely rising above a whisper."
According to CNN: "He asked the doctor to find his wife and kids in Gaza. 'He asked me to tell them that it is better for them to be martyrs,' said al-Ran. 'It is better for them to die than to be captured and held here.'"
Omar Shakir, Israel and Palestine director of Human Rights Watch, said in response to the new reporting that "what we know about Gaza is only tip of the atrocity iceberg."
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Climate Movement Cheers Michigan AG's Plans to Sue Big Oil
"Pursuing this litigation will allow us to recoup our costs and hold those responsible for jeopardizing Michigan's economic future and way of life accountable," said the state attorney general
May 09, 2024
Advocates of holding fossil fuel giants accountable for their significant contributions to the climate emergency welcomed Michigan Attorney General Dana Nessel's Thursday announcement that she intends to sue the polluting industry.
"Big Oil knew decades ago that their products would cause catastrophic climate change, but instead of doing the right thing they lied about it," declared Richard Wiles, president of the Center for Climate Integrity. "The people of Michigan deserve their day in court to make these companies pay for the massive harm they knowingly caused."
Dozens of municipalities and attorneys general for the District of Columbia and eight states—California, Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, Rhode Island, and Vermont—have already filed climate liability suits against Big Oil in recent years.
"Our 'Pure Michigan' identity is under threat from the effects of climate change," said Nessel, whose state was praised last year for passing clean energy legislation. "Warmer temperatures are shrinking ski seasons in the UP and disrupting the wonderful blooms of Holland's Tulip Time Festival. Severe weather events are on the rise."
"These impacts threaten not only our way of life but also our economy and pose long-term risks to Michigan's thriving agribusiness," she continued. "The fossil fuel industry, despite knowing about these consequences, prioritized profits over people and the environment. Pursuing this litigation will allow us to recoup our costs and hold those responsible for jeopardizing Michigan's economic future and way of life accountable."
The Democratic attorney general's office explained that she is "seeking proposals from attorneys and law firms to serve as special assistant attorneys general to pursue litigation related to the climate change impacts caused by the fossil fuel industry on behalf of the state of Michigan."
The Detroit Newsnoted that "Nessel took a similar tact in suing drugmakers for the opioid crisis, farming out much of the work to outside law firms in Michigan, Texas, and Florida."
According to the newspaper:
Nessel's office is working with other state departments to assess the costs associated with climate change, such as the cost of expanding storm water systems to handle flooding caused by stronger storms, responding to natural disasters, or supporting northern Michigan tourism economies dealing with dwindling ice and snow.
"This is going to be a massive discovery effort to find out exactly what our Michigan damages are now already and what can we expect to see in the future as a result of climate change," she said.
"I don't know that there's a bigger issue facing the state of Michigan than climate change," Nessel told the outlet. "We are talking about billions and billions of dollars in damages and we're already starting to see that on a day-to-day basis. We know this is only going to get worse."
The youth-led Sunrise Movement applauded Nessel's plans and asserted that U.S. President Joe Biden—who is seeking reelection in November—and the Department of Justice "must follow suit."
The group's call echoed similar demands that emerged last week in response to the U.S. Senate Budget Committee's hearing about a three-year investigation into "Big Oil's campaign of deception and distraction."
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Critics Compare Biden's Proposed Asylum Rule to 'Failed Trump-Era Policies'
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," said one migrant rights advocate.
May 09, 2024
Immigrant rights advocates on Thursday slammed the Biden administration's proposal to fast-track the rejection of certain migrants seeking asylum in the United States.
On Thursday the U.S. Department of Homeland Security (DHS) proposed a rule that would empower immigration officials to disqualify certain asylum-seekers during their initial eligibility screening—called the credible fear interview (CFI)—using existing national security and terrorism-related criteria, or bars.
DHS said the rule would apply to noncitizens who have "engaged in certain criminal activity, persecuted others, or have been involved in terrorist activities."
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation."
Homeland Security Secretary Alejandro Mayorkas called the proposed rule "yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here."
However, Greg Chen, senior director of government relations for the American Immigration Lawyers Association, argued that while "bars are an important feature of our immigration laws to ensure that dangerous individuals are not allowed into the country," they must be "accurately applied where warranted."
"This change could make the process faster by excluding people who would not be entitled to stay," he noted. "However, due process will likely be eroded by accelerating what is a highly complex legal analysis needed for these bars and conducting them at the preliminary CFI screening."
As Chen explained:
At that early stage, few asylum seekers will have the opportunity to seek legal counsel or time to understand the consequences of a bar being applied. Under the current process, they have more time to seek legal advice, to prepare their case, and to appeal it or seek an exemption. Ultimately to establish a fair and orderly process at the border, Congress needs to provide the Department of Homeland Security with the resources to meet its mission and also ensure the truly vulnerable are not summarily denied protection without due process.
Democratic lawmakers—some of whom held a press conference Wednesday on protecting undocumented immigrants in the U.S.—also criticized the proposal.
"As the Biden administration considers executive actions on immigration, we must not return to failed Trump-era policies aimed at banning asylum and moving us backwards," said Sen. Alex Padilla (D-Calif.), referring to former Republican President Donald Trump, the presumptive 2024 GOP nominee to face President Joe Biden in November.
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation," he added.
One year ago, critics accused Biden of "finishing Trump's job" by implementing a crackdown on asylum-seekers upon the expiration of Title 42—a provision first invoked during Trump administration at the onset of the Covid-19 pandemic and continued by Biden to expel more than 1 million migrants under the pretext of public safety.
Earlier this week, the advocacy group Human Rights First released a report detailing the harms of the policy on its anniversary. The group held a press conference to unveil the report and warn of the dangers of further anti-migrant policies.
"The interviews with hundreds of asylum-seekers make clear that the asylum ban and related restrictions strands in danger children and adults seeking asylum, punishes people for seeking protection, leads to the return of refugees to persecution, spurs irregular crossings, and denies equal access to asylum to people facing the most dire risks," Human Rights First director of research and analysis of refugee protection Christina Asencio said during the press conference.
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," Asencio added.
On Wednesday, three advocacy groups—Al Otro Lado, the Civil Rights Education and Enforcement Center, and the Texas Civil Rights Project—sued the federal government on behalf of noncitizens with disabilities seeking more information regarding CBP One, the problem-plagued Customs and Border Protection app migrants must use to schedule asylum interviews at U.S. ports of entry.
"We have and continue to see migrants with disabilities facing unlawful discrimination and unequal access to the asylum process due to the inaccessibility of the app," said Laura Murchie, an attorney with the Civil Rights and Education Enforcement Center involved in the case.
"CBP needs to release these documents so we can advocate for and ensure compliance with the law so asylum-seekers with disabilities do not continue to be harmed by CBP's disregard for rights that are guaranteed by federal disability law," she added.
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