TODAY join Rights Working Group and Melissa Harris-Perry on Twitter to discuss profiling and rights after 9/11

Crossposted from Rights Working Group

Rights Working Group and renown progressive scholar Melissa Harris-Perry will hold a Twitter Chat, TODAY from 3-4 pm ET, about racial profiling and ways to reclaim and expand rights lost after 9/11.

Why? Ten years ago, in June 2001, the End Racial Profiling Act was first introduced in Congress with strong bi-partisan support.  After 9/11, significant support for ending racial profiling took a backseat to unethical national security policies that expanded racial profiling to other groups.  The federal government began targeting people of Arab, Middle Eastern, South Asian and Muslim backgrounds for extra scrutiny, launching the National Security Entry-Exit Registration System that required more than 80,000 men to register and undergo interrogations, detentions and deportations.  In addition, we experienced restrictions on privacy rights, due process and the expansion of the government’s powers of surveillance and detention.

Under the newly formed Department of Homeland Security, immigration law and policies were conflated with national security laws and practices, resulting in an increase in resources devoted to detentions and deportations of immigrants, worksite raids, home raids and collaborations with local law enforcement to enforce federal immigration law.

While profiling broadened and became more frequent among some communities of color, the racial profiling impacting African Americans and Latinos that expanded during the War on Drugs in the 1970s and 80s continued.

We will talk about how, together, we can combat these forms of oppression to restore and expand democracy in our nation. We will share resources, ideas and reach a broader audience. Join us TODAY from 3-4 pm! Tell a friend! To promote and join the twitter chat Use hashtag: #reclaimrights #p2

To RSVP, tweet this: @RightsWorking I’ll be at the #reclaimrights #tweetchat on 9/7!

Promote the Chat using your own or a sample tweet:

Let’s fight for rights lost after 9/11 Join @rightsworking for Reclaim Our Rights Twitter Chat, Sept. 7, 3-4 p.m., ET. Use #reclaimrights #p2

Spread the word! End Post 9/11 racial profiling! Join @rightsworking Twitter Chat, Sept. 7, 3-4 p.m., ET. Use #reclaimrights #p2

Chat with Melissa Harris-Perry and @rightsworking about rights lost post-9/11. Sept. 7, 3-4 pm, ET,. #reclaimrights, #p2, #mharrisperry

Join in on the *National Week of Action* :Reflecting on Our Loss and Reclaiming Our Rights - September 11-17, 2011

Learn. Share. Act. Go to restorefairness.org.

 

The DSK case sheds light on violence against immigrant women and the role of men

From our Restore Fairness blog:

Earlier last week, Nafissatou Diallo, the accuser in the Dominique Strauss-Kahn (DSK) rape case, came forward to share tell her version of what happened in May at the Sofitel Hotel in New York City in a print interview with Newsweek and also on television with ABC News.

On July 29, she gave a press conference sharing more of her story.

We believe strongly in due process and that DSK is indeed innocent until proven guilty. However, the way this story has unfolded thus far and the way Ms. Diallo has been discussed in the media, both before and after she came forward with her account gives us an opportunity to talk about violence against women, especially those who are immigrants to the US.

We are less concerned with trying to prove that Mr. Strauss-Kahn is innocent/guilty or whether Ms. Diallo is honest/not telling the truth. What’s illuminating is the way that the media and our culture have responded to this woman, to her accusation of sexual assault made against a powerful man. Furthermore, let’s pay attention to how those responses changed when details about her identity were revealed. Who is Nafissatou Diallo? She is a 32-year-old immigrant woman from Guinea who sought asylum in the United States, who is raising her 15-year-old daughter, and has been working at the Sofitel Hotel in New York since 2008.

The first batch of reporting on the story portrayed Ms. Diallo as a hardworking immigrant in search of the American dream. Soon enough, that story changed. The majority of aspersions on the legitimacy of the case against Dominique Strauss-Kahn (DSK) are based on attacking the credibility of the woman who has accused him of sexual assault. Some feminists have eloquently brought our attention to the fact that her case against DSK is based on her being seen as a legitimate victim – perfect in all other aspects of her life, unimpeachable in her character. How many people like that do YOU know?

This is a common occurrence in sexual assault cases and a well-documented fact. From a roundtable sponsored by The United States Department of Justice Office on Violence Against Women, The White House Council on Women and Girls, and The White House Advisor on Violence Against Women:

One in six women and one in 33 men will be sexually assaulted during the course of their lifetime. However incidents of sexual violence remain the most underreported crimes in the United States, and survivors who disclose their victimization—whether to law enforcement or to family and friends—often encounter more adversity than support.

So what are the women’s human rights lessons in this story?

For one, it enables us to highlight the rapidly growing issue of sexual assault among immigrant women here in the US. Secondly, we get the chance to assess the ways in which we must change our immigration policies that impact women, like Ms. Diallo, who experience domestic violence in other countries and seek asylum in the United States. It can also serve as a reminder that undocumented women remain more vulnerable to violence and abuse.

Also, we can take this chance to remind everyone how important it is to engage men and boys on the issue of stopping violence against women. Where are the outraged men, who are constantly being dragged into the mud by those who coerce and assault women? Will we hear from male world leaders on the issue of violence against women? Some have spoken out, but many more need to join their ranks.

Ultimately, Ms. Diallo’s willingness to come forward, and share her story should remind us that there are many women who face detention and consequent violence if they come forth about their experiences of violence and assault. The risks are great, especially for those women who are immigrants and/or undocumented. They face potential deportation, losing their children, financial struggles, potential language barriers, and a very convoluted and complicated legal system.

But, as always, there’s something you can DO to make things better!

To counter these challenges you can encourage your elected officials to reauthorize the Violence Against Women Act (VAWA), which will come before congress this year. Among other provisions to protect immigrant women who face lack of eligibility and difficulty accessing services and support. To learn more about VAWA and what’s at stake this year, click here.

To learn about the campaign to pass an International Violence Against Women Act (HR 4594/S 2982) see here. This legislation would make stopping violence against women and girls a priority in American diplomacy and foreign aid. Let your representatives know that you care about stopping violence against women in the US and abroad.

Learn about our Bell Bajao campaign that calls on men and boys to bring domestic violence to a halt.

Unlike the woman in the DSK story, most immigrant women are afraid to report sexual assault

From the Restore Fairness blog-

Among the numerous unique and compelling stories of immigration that our nation has witnessed in its rich history comes another one; one that is disturbing and moving in equal part. On May 14, the managing director of the International Monetary Fund, Dominique Strauss-Kahn (DSK), was arrested as he was about tocatch a flight from New York’s JFK Airport to Paris. A 32-year-old housekeeper had courageously come forward to report that she was sexually assaulted by DSK during his stay in the midtown Manhattan Sofitel hotel. As the media storm around DSK’s scandal and his political future intensified, the woman (her identity is being kept secret) who accused him remained well away from the media glare, protecting her identity and dignity amidst an increasingly messy situation. However, as a recent New York Times portrait of her life revealed, her story is extremely unique- in an environment that is increasingly hostile towards immigrants, it is rare that immigrant women who are victims of sexual and physical abuse (and there are many), are able to find the courage to report the crimes they face.

The woman was born in a tiny hamlet in the West African country of Guinea, a 13-hour drive from the nation’s capital Conakry. While she was in her early teens, she was married off to a distant cousin, gave birth to her daughter, and was widowed soon after. While in her early 20s, she immigrated to the United States, seeking a better life for herself and her daughter, and began working at a small African restaurant in the Bronx. In 2008, she got a job as a maid at the Sofitel New York, a high-end hotel in the heart of Manhattan. Her lawyers confirmed that by this time she had documentation and legal status. Then on May 14, her world was suddenly thrust into the public eye as she became the center of an international scandal involving high-level diplomacy.

Her brother, Mamoudou, commented on her character-

She is a village girl who didn’t go to school to learn English, Greek, Portuguese, what have you…All she learned was the Koran. Can you imagine how on earth she is suffering through this ordeal?…Before she left here, nobody even knew if she could speak up for herself. She never got into any arguments, with anybody.

While DSK has been charged with the crime, the trial is still underway and no verdict has yet been reached. However, the story of his alleged victim highlights the rapidly growing issue of sexual assault among immigrant women, and indirectly points to the fact that undocumented women remain the most vulnerable to abuse, as they are especially afraid to report the crime for fear of being pulled into the detention and deportation dragnet. The housekeeper in DSK’s case has legal status, not to mention incredible courage, that enabled her to report the crime to the local police. But her courage seeks to remind us that there are many women who face violence, both at home and in their work, who continue to be exploited and are unable to seek help because of immigration status and their fear of being criminalized themselves.

Last week, many women – mostly hotel housekeeping staff from around the city – gathered outside DSK’s court hearing to protest against his alleged crime, claiming that many of them have been victims in similar incidents but are often afraid to speak out. One of the protesters, Ada Vélez Escalera, a housekeeper at the Hilton who had moved from Puerto Rico when she was 16, said-

A lot of us don’t speak up. You’re embarrassed or have a family to support and you know if it will be you or the guest who’s believed. In this case she was brave enough to scream for help…I’m proud of being a room attendant and when guests come to our hotels they need to respect us and know we are there to make their rooms clean and comfortable, not for private service…I had to leave my education because I had a sick child. But the money I’ve earned as a room attendant helped me have a house, a decent life and put my son and daughter through college.

The issue raised by the housekeepers is a growing concern among the immigrant community. It is worsened further by damaging statements made by political officials that essentially discourage the reporting of sexual assault crimes by immigrant women. In Massachusetts, State Rep. Ryan Fattman (R-Sutton) has been part of a group of regional GOP representatives uniting against Governor Deval L. Patrick’s decision not to join the controversial Secure Communities program (S-Comm). When asked if he would be concerned if a woman with undocumented status is raped and then is afraid to report the crime for fear of deportation, Fattman replied, “My thought is that if someone is here illegally, they should be afraid to come forward…If you do it the right way, you don’t have to be concerned about these things.” His comment brought him sharp criticism, and when contacted for further clarification, Fattman attempted to contextualize it with an even more troublesome allegory-

If someone got into a car accident, it’s obviously a tragic event. But if they’re drunk and they crash, it’s a crime. If that person was drunk and survived the accident they would be afraid to come forward. I think if someone is here illegally they should be afraid to come forward because they should be afraid to be deported…But if you weren’t here, the crime wouldn’t happen.

Such brash disregard for basic human rights, such as the right to be safe from harm and the right to due process and justice, is alarming. Rep. Fattman’s statements signal a dangerous situation in the country if victims of violence and sexual assault are afraid to report the crime for fear of being deported instead. This roundabout way of blaming the victim is incredibly damaging to our society, encouraging violent crime and making our communities less secure.

The harsh anti-immigrant enforcement laws that are being enacted in states around the country only seek to add to the environment of hostility and fear that makes it harder for local law enforcement to effectively protect communities. Last week Alabama Governor Bentley signed into law HB 56, the harshest anti-immigrant bill to be passed by any state thus far. The bill, inspired by Arizona’s notorious SB 1070, imposes even stricter requirements on virtually all institutions in the state to conduct immigration checks. In a statement reacting to the bill, Marielena Hincapié, executive director of the National Immigration Law Center, said-

Today, Alabama effectively turned state workers, peace officers, and school teachers into de facto immigration agents.  Immigrants and people of color will be subjected to additional, unconstitutional scrutiny when they take their children to school or interact with local law enforcement officers.  Friends and family members of undocumented immigrants will face criminal charges simply for driving them to church or to the grocery store. By passing HB 56, Alabama’s legislators have deemed an entire class of people not worthy of the most fundamental rights, which were carefully prescribed to all people by our Founding Fathers.  This law effectively makes immigrants the latest group of people to suffer a legalization of discriminatory behavior against them, and threatens to turn back the clock on our hard-won civil rights.

Alabama’s HB 56 adds to the growing number of states that have set in motion some sort of harsh anti-immigrant laws (see PDF map from the National Immigration Law Center for the latest Arizona-inspired legislation). These sweeping anti-immigrant legislations are not only unconstitutional and in violation of basic human rights, but they will also negatively impact the economies of the states that implement them. Most of all, communities will lose faith in their local law enforcement, always living in the fear of being racially profiled and arrested for deportation under the pretense of a minor offense.

With less than 18 months until the next presidential election, Democrats and Republicans are busy shaping their immigration policies to woo voters. At this time it is important that they focus on preventing draconian state-level anti-immigration laws from being enacted and instead, working towards comprehensive immigration reform that is enacted on a federal level. Statements such as those by Rep. Fattman only undermine the principles of freedom, justice and due process upon which our country is built. Victims of violence, such as sexual assault and rape, must be supported and made to feel safe and secure and given the justice they deserve, instead of being intimidated into silence. Denying basic human rights to one group will inevitably affect all our freedoms.

Sign the petition asking for Mass. Rep. Fattman to apologize for his comments and for the State House to publicly denounce his stance.

Show your support for due process. Become an ally of the Restore Fairness campaign today.

Photo courtesy of nij.gov.

Learn. Share. Act.Go to restorefairness.org

 

 

 

Georgia Is Not a "Show Me Your Papers" State

From the Restore Fairness blog-

Guest blogger: Azadeh N. Shahshahani, National Security/Immigrants’ Rights Project Director, ACLU Foundation of Georgia.

Co-authored with Omar Jadwat, ACLU Immigrants’ Rights Project. Cross-posted from Huffington Post.

This week the ACLU and ACLU of Georgia along with a coalition of other civil rights groups filed a class action lawsuit challenging Georgia’s discriminatory anti-immigrant law inspired by Arizona’s notorious S.B. 1070. The Georgia law authorizes police to demand “papers” demonstrating citizenship or immigration status during traffic stops and makes it unjustifiably difficult for individuals without specific identification documents to access state facilities and services. The lawsuit charges the extreme law endangers public safety, invites the racial profiling of Latinos, Asians, and others who appear foreign to a police officer, and interferes with federal law.

The Georgia law criminalizes everyday folks who have daily interactions with undocumented individuals in their community, making people of faith and others vulnerable to arrest and detention while conducting acts of charity and kindness.

Paul Bridges is one such person. Mr. Bridges, one of our clients in the case, is a long-time supporter of the Republican Party and is the mayor of Uvalda, Georgia, a town of approximately 600 people in Montgomery County. Because he speaks Spanish and is a well-known presence in the community, Mr. Bridges often assists with interpretation in schools, doctors’ offices, court and other settings. He also provides transportation to undocumented individuals so they can go to church, the grocery store, doctors’ appointments and soccer tournaments in nearby towns. If the Georgia law goes into effect, Mr. Bridges and the undocumented individuals traveling with him will be at risk of criminal prosecution.

Paul J. Edwards is another plaintiff in our case who believes strongly in helping all individuals in his community regardless of their immigration status. Mr. Edwards is a devout Christian, and as part of his religious commitment, he transports people, including those who are undocumented, to places of worship and to locations which provide medical assistance. Under the Georgia law, he would be subject to criminal liability for assisting, transporting and harboring these undocumented individuals.

In the words of Anton Flores, Executive Director of Alterna, a faith-based organization that provides a variety of social services to the Latino immigrant community, under Georgia’s law: “we will be forced to wrestle with the new law that contradicts the mandates of our faith tradition as well as having to fear religious persecution and social pressures because of our programs and activities.”

The criminalization of these acts of hospitality, faith, and conscience is misplaced and poses an undue burden on Georgians’ every day interactions with their friends and community.

Georgia is not a “show me your papers” state nor one that believes in making certain people “untouchables” that others should be afraid to assist, house, or transport. We expect that the courts will block this fundamentally un-American law from implementation.

Learn. Share. Act. Go to restorefairness.org.

 

New reports document discriminatory government treatment of Muslims in America

From our Restore Fairness blog-

Guest blogger: Amna Akbar, Senior Research Scholar & Advocacy Fellow at the Center for Human Rights and Global Justice at NYU School of Law, and co-author of both reports mentioned below.

Cross-posted from Rights Working Group.

There are visible and less visible ways the government has targeted Muslims, Arabs, and South Asians since September 11, 2001. With the death of Osama bin Laden, however, mainstream pundits, commentators, and lawmakers have attempted to push us to forget the damage and the grief this “war on terror” has brought to our communities—and to immigrant communities and communities of color more broadly.

The “war on terror” has provided a rationale and an argument for an augmentation of state power.  As in prior historical moments, the brunt of increased state power has fallen on vulnerable communities.

But it is important to remember and account for the ways in which our families and communities have been marked and have suffered.  To grieve for the ways in which we have had to change.

This past month, the Center for Human Rights and Global Justice (CHRGJ) has released two reports documenting, remembering, and memorializing.  Both reports raise serious human rights concerns.

Under the Radar: Muslims Deported, Detained, and Denied on Unsubstantiated Terrorism Allegations– which we released with the Asian American Legal Defense and Education Fund (AALDEF)– draws on interviews with attorneys and community-based groups, court documents, and media accounts to identify five key under-documented patterns of how the U.S. government has discriminatorily abused the immigration legal system against Muslim immigrants.  The patterns we document include the U.S. government’s use of unsubstantiated terrorism-related allegations without bringing official charges in cases involving ordinary immigration violations.  These practices prejudice the immigration judge and place the Muslim immigrant in a precarious situation where he is unable to defend himself against the allegations.  As a result, he is often pressured to self-deport.

Another pattern we document is the U.S. government’s use of flimsy immigration charges.  For example, the government often uses false statement charges for failure to disclose tenuous ties to Muslim charitable organizations in a way that seems to target Muslim immigrants for religious and political activities and affiliations.

The overall effect of these practices is that religious, cultural, and political affiliations and lawful activities of Muslims are being construed as dangerous terrorism-related factors to justify detention, deportation, and denial of immigration benefits.  The government seems to be targeting Muslim immigrants not for any particular acts, but on the basis of unsubstantiated innuendo drawing largely on their religious and ethnic identities, political views, employment histories, and ties to their home countries.

The patterns outlined in Under the Radar seem to be guided by racial and religious stereotypes, in a way that constitutes discrimination in violation of U.S. obligations under international human rights law.  The patterns also suggest the United States is failing to uphold its international human rights obligations to guarantee the rights to due process; liberty and security of person; freedom of religion; freedom of expression and opinion; and the right to privacy and family.   CHRGJ and AALDEF call on the government to put an immediate stop to the discriminatory targeting of Muslims through the immigration system, to provide greater transparency and accountability for immigration policies and enforcement.

Targeted and Entrapped: Manufacturing the ‘Homegrown Threat’ critically examines three high-profile domestic terrorism prosecutions and raises serious questions about the role of the Federal Bureau of Investigation (FBI) and the New York City Police Department (NYPD) in constructing the specter of “homegrown” terrorism through the deployment of paid informants to encourage terrorist plots in Muslim communities.  Focusing on the government’s cases against the Newburgh Four, the Fort Dix Five, and Shahawar Matin Siraj, the report relies on court documents, media accounts, and interviews with family members of the defendants to critically assess the government’s practices.  The report also, lays bare the devastating toll these practices have had on the families involved.

In the cases we examined, the government sent paid informants into Muslim communities, without any basis for suspicion of criminal activity.  The government’s informants introduced, cultivated, and then aggressively pushed ideas about violent jihad, encouraging the defendants to believe that it was their duty to take action against the United States.  The informants also selected or encouraged the proposed locations that the defendants would later be accused of targeting, and provided the defendants with—or encouraged the defendants to acquire—material evidence, such as weaponry or violent videos, which would later be used to convict them.  The defendants in these cases have all been convicted and currently face prison sentences ranging from 25 years to life.

The families caught up in these abusive government practices have been torn apart. As a result of these prosecutions, they have lost their loved ones to prison, but they have also been branded as families of terrorists. They have lost jobs, family, and friends. Though many of them are organizing for change, the devastating impacts cannot be overestimated.

A number of cases around the country, raising similar concerns, suggest that these practices are illustrative of larger patterns of law enforcement activities targeting Muslim communities.  The report considers key trends in counterterrorism law enforcement policies that have facilitated these practices, including the government’s promulgation of so-called radicalization theories that justify the abusive targeting of entire communities based on the unsubstantiated notion that Muslims in the U.S. are “radicalizing.”  The prosecutions that result from these practices are central to the government’s claim that the country faces a “homegrown threat” of terrorism, and have bolstered calls for the continued use of informants in Muslim communities.

These practices are violative of U.S. obligations to guarantee, without discrimination, the rights to: a fair trial, religion, expression, and opinion; and effective remedy. The report calls on the government to stop discriminating against Muslims in counterterrorism investigations; to hold hearings on the impacts that current law enforcement practices are having on Muslim communities; and to revise the guidelines that currently govern FBI and NYPD activities and allow for such abusive practices to go unchecked.

Both reports raise serious concerns about the ways in which the U.S. government is marking Muslims and Muslim communities as particularly dangerous.  These practices have taken profound tolls on our communities.  The need to remember, and to remain vigilant, remains.

Learn. Share. Act. Go to restorefairness.org.

 

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