Support Common Dreams Today
Journalism that is independent, non-profit, ad-free, and 100% reader-supported.
#
To donate by check, phone, or other method, see our More Ways to Give page.
Thousands of families in the United States have been torn apart in recent years by detention and deportation for drug offenses, Human Rights Watch said in a report released today. Disproportionately harsh laws and policies relating to drug offenses can lead to deportation for lawful permanent residents and unauthorized immigrants alike.
The 93-page report, "A Price Too High: US Families Torn Apart by Deportations for Drug Offenses," documents how the US regularly places legal residents and other immigrants with strong ties to US families into deportation proceedings for drug offenses. Often, those offenses are decades old or so minor they resulted in little or no prison time. Deportations after convictions for drug possession in particular have spiked, increasing 43 percent from 2007 to 2012, according to US government data obtained by Human Rights Watch through a Freedom of Information Act request.
"Even as many US states are legalizing and decriminalizing some drugs, or reducing sentences for drug offenses, federal immigration policy too often imposes exile for the same offenses," said Grace Meng, senior US researcher at Human Rights Watch and the author of the report. "Americans believe the punishment should fit the crime, but that is not what is happening to immigrants convicted of what are often relatively minor drug offenses."
The report is based on more than 130 interviews with affected immigrants, families, attorneys, and law enforcement officials, as well as new data obtained from US Immigration and Customs Enforcement (ICE).
Deportations of non-citizens with drug convictions, and especially with drug possession convictions, increased significantly from 2007 to 2012. In addition to the 43 percent increase in deportations after convictions for drug possession during that period, deportations after convictions for sales, smuggling, manufacture, or trafficking increased 23 percent. For more than 34,000 deported non-citizens, the most serious conviction was for marijuana possession.
Human Rights Watch requested information on the immigration status of deported non-citizens in its Freedom of Information Act, but ICE in its response claimed not to keep such records. An appeal is pending. Numerous cases were reported to Human Rights Watch, however, in which lawful permanent residents - who have a green card - were put into deportation proceedings for drug offenses.
Many of those we interviewed faced automatic deportation because immigration law defines their offenses as fitting within the aggravated felony of "drug trafficking." These include several people whose convictions were for low-level offenses, such as sale of $5 worth of crack cocaine. In such cases, the immigration judge is barred from considering the circumstances of the individual's case such as any evidence of US family ties, rehabilitation, military service, and other factors, and instead must order the immigrant deported.
Some lawful permanent residents with convictions for simple possession are eligible to apply for a form of pardon, to "cancel" their removal. But because drug offenses trigger mandatory detention under US law, Human Rights Watch found legal residents who were forced to spend months in immigration detention fighting their cases. Often, their detention had devastating emotional and financial consequences for them and their families, for convictions as minor as simple possession of marijuana.
Even decades-old offenses can result in mandatory detention and deportation. Human Rights Watch received several reports of immigration authorities arresting legal residents, sometimes in early-morning raids at their homes, for old offenses. In one case, the legal resident was arrested 13 years later for charges that had been dismissed under a California diversion program for first-time drug offenders.
Under US immigration law, expunged or pardoned drug convictions can still result in deportation.
Drug offenses also bar non-citizens from gaining lawful resident status, even if they have close family relationships with US citizens that would otherwise qualify them for green cards. Although it is possible for a non-citizen to apply for a waiver for offenses such as assault or fraud if they can show a US citizen family member would suffer extreme hardship if the non-citizen could not gain legal resident status, the only waiver possible for drug offenses is for a single conviction for possession of 30 grams or less of marijuana.
The US Congress should undertake comprehensive reform to ensure that immigrants with criminal convictions, including drug offenses, are not subject to a "one-size-fits-all-policy," Human Rights Watch said. Instead, immigration judges should be given the discretion to weigh evidence of rehabilitation, strong family ties, years of residence, and other positive factors, against the seriousness of any convictions.
Meanwhile, states should ensure that reforms to reduce criminal penalties for drug offenses and facilitate rehabilitation for those with drug dependency are designed to allow non-citizens to benefit as well. In California, two pending bills - Assembly Bills 1351 and 1352 - would amend an existing drug diversion program to allow defendants to participate before pleading guilty, and allow people to withdraw guilty pleas if they have already successfully completed the program. These bills, if passed, would help to ensure equal justice for non-citizens arrested for minor drug offenses.
The Obama administration should also stop pursuing a deportation strategy that categorically assumes anyone with a criminal conviction represents a threat to public safety.
"The Obama administration has explicitly recognized the many failures of the US criminal justice system, and particularly its disproportionate impact on minority and poor communities," Meng said. "But by designating all immigrants convicted in that system as dangerous criminals, the administration is perpetuating these failures and devastating many of the same communities."
For examples of individual stories in the report, please see below:
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
"Charging or jailing the killers is not enough," said the national director of the Working Families Party. "Justice is changing the conditions so no one dies during a traffic stop."
This is a developing story… Please check back for possible updates...
Editor's note: The videos at the end of this article contain graphic and violent content.
The city of Memphis, Tennessee on Friday night released four videos of the January 7 arrest of Tyre Nichols, a 29-year-old Black motorist who died after being beaten by five officers who were subsequently fired and charged with murder.
The footage was privately seen by Nichols' family on Monday. Three of the videos are from body-worn cameras issued by the Memphis Police Department (MPD). Another is from a camera mounted on a pole and contains no audio.
Before the videos were released, MPD Chief Cerelyn "C.J." Davis warned that they show "acts that defy humanity."
Nichols was pulled over by Memphis officers for alleged reckless driving that Davis has since said her department has been "unable to substantiate." After three days in the hospital, he died on January 10 from cardiac arrest and kidney failure.
\u201cA young father, son, skateboarder, a photographer. This is who Tyre Nichols was.\n\nHe should still be alive today.\nhttps://t.co/JbsgEMTxMI\u201d— Vera Institute of Justice (@Vera Institute of Justice) 1674862160
"I am disturbed and disgusted by the sheer brutality and lack of humanity on display in the footage released today," said NAACP president and CEO Derrick Johnson in a statement Friday night. "No person should ever be subjected to such violence, to have to call for their mother as they are being brutalized by police."
"This video is a stark reminder that in America, on any day of the week, a Black person can be brutally beaten to death less than a hundred feet from his home by those who are supposedly here to 'serve and protect' our communities," he continued. "Let me be clear—a traffic stop should not result in the brutal death of an unarmed man—period."
\u201cCPC Chair @RepJayapal and CPC Policing, Constitution, Equity Task Force Chair @RepBonnie echo community demands for justice for Tyre Nichols and call for fundamentally reimagining public safety in their statement on the release of the body camera footage of his killing.\u201d— Progressive Caucus (@Progressive Caucus) 1674865377
As Common Dreamsreported Thursday, former MPD cops Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III, and Desmond Mills Jr.—who are all Black—were charged with second-degree murder and various other crimes.
In a series of tweets responding to the charges, ColorOfChange president Rashad Robinson said Friday, "Let's be clear, while the mass movement of people demanding some level of accountability has succeeded in this one instance, convictions aren't the goal."
"WE WANT AN END TO POLICE MURDERS OF BLACK PEOPLE. So, this moment isn't about Black vs. white, it's about blue vs. Black. Diversity cannot and does not solve systemic problems," he continued. "If we don't change the structure of policing and safety in our country, Black people will continue to be killed, by police of all races. The evidence is clear—investing in communities will keep us safe, not the police."
\u201cCharging or jailing the killers is not enough. Justice is changing the conditions so no-one dies during a traffic stop.\n\nPolicing is fundamentally broken. Trading white officers for Black ones was never a solution.\n\nIf we're serious about public safety, we'll fund our communities\u201d— Maurice Moe Mitchell \ud83d\udc3a (@Maurice Moe Mitchell \ud83d\udc3a) 1674866194
Damon Hewitt, president and executive director of the Lawyers' Committee for Civil Rights Under Law, said Friday evening that "Tyre's death is a bitter reminder of the Black lives that we've lost due to police brutality. Thirty years ago, we were horrified by the footage of police beating Rodney King. And yet, despite our decades of protest, we're still fighting the same battle."
"The only difference now is more of the horrific incidents are being captured on video, whether it be bodycams or bystanders," he added. "Tinkering at the margins of a violent police state is not enough. It never was. This death must amount to more than just another viral moment or hashtag. It must spark a serious reconsideration and shifting of priorities, deployment, and resources."
Before the footage was released, major cities across the United States were preparing for potential Friday evening protests.
According toThe Associated Press:
As a precaution, Memphis-area schools canceled all after-class activities and postponed an event scheduled for Saturday morning. Other early closures included the city power company’s community offices and the University of Memphis.
Nichols' mother, RowVaughn Wells, warned supporters of the "horrific" nature of the video but pleaded for peace.
"I don't want us burning up our city, tearing up the streets, because that's not what my son stood for," she said Thursday. "If you guys are here for me and Tyre, then you will protest peacefully."
Noting that "there's been a lot of focus on the perceived threat of violence,"MLK50: Justice Through Journalism, a nonprofit Memphis newsroom, on Friday published a collection of stories and columns "to add context to this tragedy" for those who may be unfamiliar with "the antagonistic relationship police have cultivated with the community, dating back decades."
The coalition Decarerate Memphis shared on Twitter demands from Nichols' family and the community, including reforms to reduce the chances of similar future events.
\u201c\ud83d\udea8\ud83d\udea8\ud83d\udea8 Save and share everywhere. We demand #JusticeforTyreNichols\u201d— Decarcerate Memphis (@Decarcerate Memphis) 1674851240
The Movement for Black Lives tweeted advice on "how to limit viewing sensitive content" on social media platforms, for those who do not want to be traumatized by the footage.
\u201cToday a video of Tyre Nichols\u2019 murder will be released. Do not share it. Do not traumatize our people further by putting it in front of us. We feel the overwhelming rage and grief without subjecting ourselves to a video of his life being taken.\nTo protect yourself online: \u2b07\ufe0f\u201d— Movement 4 Black Lives (@Movement 4 Black Lives) 1674850469
"We grieve with Tyre's family, friends, and the entire Memphis community," the movement said in a statement. "Had those officers not pulled Tyre over, he would be here right now with his four-year-old son, taking photos of sunsets and skateboarding. Yet, even as we try to grieve and stand in solidarity with Tyre's family, we know the police are ramping up to criminalize our actions—meeting our calls for justice and accountability with more state violence and suppression."
Editor's note: The videos below contain graphic and violent content.
"These lobbyists are not getting hired to advocate for American energy consumers—they will push an agenda that benefits the new majority's donors no matter what it costs taxpayers."
An analysis published Friday by the nonpartisan watchdog Accountable.US revealed that numerous former fossil fuel lobbyists are being hired to work for the Republican-controlled 118th Congress, including in high-level positions on the House Natural Resources Committee.
"As the Republicans majority begins the new Congress, former oil industry lobbyists will have new and growing influence as top staffers for congressmen on key committees," the analysis states.
Accountable.US detailed the close ties between Nancy Peele—chief of staff to House Natural Resources Committee Chair Bruce Westerman (R-Ark.)—and fossil fuel interests.
"It's no surprise that Big Oil is infiltrating the halls of Congress after spending millions to elect some of the most extreme legislators in American history."
Peele's history includes:
Majority Leader Steve Scalise's [R-La.] Chief of Staff Megan Bel Miller came to Scalise's office straight out of working as an oil and gas lobbyist... Miller lobbied Congress on behalf of National Oceans Industry Association, a group representing the offshore oil and gas industry. Bel Miller advocated for polluting industry interests on numerous conservation issues, including the Endangered Species Act, National Environmental Policy Act, and offshore leasing. Majority Whip Tom Emmer's [R-Minn.] new Policy Director Ian Foley is an energy and mining lobbyist. In 2022, Foley lobbied Congress on behalf of the uranium mining industry and public utilities with oil and gas portfolios.
These are but a handful of the many examples of the revolving door between Big Oil and Congress highlighted in the analysis.
"It's no surprise that Big Oil is infiltrating the halls of Congress after spending millions to elect some of the most extreme legislators in American history," Accountable.US energy and environment director Jordan Schreiber said in a statement. "These lobbyists are not getting hired to advocate for American energy consumers—they will push an agenda that benefits the new majority's donors no matter what it costs taxpayers."
Underscoring the analysis' findings, the U.S. House of Representatives on Friday passed legislation that would require the federal government to lease a portion of public lands and waters for fossil fuel extraction for each non-emergency drawdown of the U.S. Strategic Petroleum Reserve. The bill was introduced by Rep. Cathy McMorris Rodgers (R-Wash.), who chairs the House Energy and Commerce Committee and was the top recipient of oil and gas PAC money in the House Republican caucus during the last election cycle.
\u201cNEW: MAGA Republicans in Congress just passed a bill that would obstruct one of @POTUS\u2019 only powers to protect consumers from Big Oil\u2019s price gouging\u2014letting oil companies get rich at Americans\u2019 expense. https://t.co/pcwPGdVkIs\u201d— Accountable.US (@Accountable.US) 1674844979
"We grieve for all this unthinkable loss. And with our grief, we also rage," said Jewish Voice for Peace. "The Israeli government's domination and oppression of Palestinians is the root cause of each of these senseless, tragic deaths."
Human rights defenders condemned a Friday attack outside a synagogue in an illegal Israeli settlement by a Palestinian gunman who murdered at least seven people—a massacre that followed the killing of 10 Palestinians by Israeli forces during a raid in the occupied West Bank Thursday.
TheTimes of Israelreports the unidentified gunman shot and killed seven people and wounded three others during the Friday evening attack in Neve Yaakov in East Jerusalem. Friday is International Holocaust Remembrance Day. The attacker was shot dead during a gunfight with police as he attempted to flee into the Palestinian neighborhood of Beit Hanina. An ambulance service said the deceased ranged in age from 20 to 70.
In a statement, Stéphane Dujarric, spokesperson for United Nations Secretary-General António Guterres, said the U.N. chief "strongly condemns today's terrorist attack by a Palestinian perpetrator outside a synagogue in Jerusalem, which claimed the lives of at least seven Israelis and injured several others."
"It is particularly abhorrent that the attack occurred at a place of worship, and on the very day we commemorated International Holocaust Remembrance Day," Dujarric added. "There is never any excuse for acts of terrorism. They must be clearly condemned and rejected by all."
\u201c\ud83d\udea85 #Israelis killed & 5 wounded in a shooting attack near a synagogue in the Neve Yaakov settlements in occupied East Jerusalem.\n\nViolence begets violence begets violence....\n\nPeople don't understand how close the occupied territories are to a full disastrous explosion!\u201d— Muhammad Shehada (@Muhammad Shehada) 1674846498
Tom Nides, the U.S. ambassador to Israel, tweeted that he is "shocked and disgusted at this heinous terrorist attack on innocent people, including children. Praying for all of the victims and their loved ones."
The synagogue massacre came one day after Israeli occupation forces killed 10 Palestinians including an elderly woman and wounded around 20 others during an early morning raid on the Jenin refugee camp. Israeli forces then bombed Gaza early on Friday morning after Palestinian resistance fighters fired two rockets at Israel.
The Jenin raid was part of Operation Breakwater, a nine-month campaign targeting Palestinian resistance in the camp and nearby Nablus. Human rights groups say 30 Palestinians, both fighters and civilians, have been killed so far by Israeli forces in 2023. Last year was the deadliest year for West Bank Palestinians since the second intifada—or general uprising—a generation ago, with 150 people including 33 children killed. Another 53 Palestinians were killed by Israeli forces in Gaza in 2022.
\u201cInstead of linking today's terrible attack in Jerusalem to Holocaust Remembrance Day, which it has nothing to do with, you might connect it instead to the 30 Palestinians that have been killed by Israel just this month. This is a cycle of violence borne of Israeli apartheid.\u201d— Arielle Angel (@Arielle Angel) 1674851482
In a statement following the synagogue murders, the U.S.-based group Jewish Voice for Peace (JVP) called the attack "the inevitable, horrifying outcome of decades of Israeli apartheid"
"We grieve for all this unthinkable loss. And with our grief, we also rage. The Israeli government's domination and oppression of Palestinians is the root cause of each of these senseless, tragic deaths," JVP contended.
"The violent, racist speech coming from the Israeli government makes it clear that the Israeli military will continue to escalate its violent attacks on Palestinians. Already the Israeli army has invaded Palestinian neighborhoods in occupied East Jerusalem," the group said.
\u201c10 killed in #Jenin and now 5 dead, 5 wounded in Jerusalem shooting attack: these are the ENTIRELY PREDICTABLE RESULTS of a vicious extremist #Israeli government that leaves no room for hope, no room for peace, more to come. https://t.co/kQt5NgIMw3\u201d— Sarah Leah Whitson (@Sarah Leah Whitson) 1674845638
JVP continued:
What we are witnessing is not a "conflict," a "clash," or a "war" between two equal parties. There is no mistaking the massive disparity of power between the Israeli government and the Palestinians it targets. Backed by $3.8 billion in annual military funding from the U.S. government, the Israeli government controls, dominates, and dispossesses Palestinian lives and lands.
"We are on the side of unconditional commitment to justice, equality, freedom, and dignity for all people, no exceptions," JVP added. "To achieve a future where all are safe and free, we must end the Israeli government's settler-colonial apartheid regime."