immigration – UAB Institute for Human Rights Blog

The Trafficking of Migrants by American Political Leaders

Picture of the famous Ellis Island, where many immigrants made their entrance to America — Source: Wikimedia commons found on Yahoo Images; An image of Ellis Island, the place of entry for many immigrants wishing to enter into America

The issue of immigration in America is one that is divided on so many fronts, and recognizing this division, political leaders have exploited the public’s conflicting views to push their own political agendas. Immigration has a rich history in this nation, and unfortunately, America has had a very unequal approach to how immigrants are treated. While some immigrants, (including many from Western nations) are treated with great respect and dignity, many of the immigrants that come from Central American nations, African nations, or Asian nations are portrayed by many political leaders in the United States as “criminal” or “coming to the US to steal our jobs.” This has been a tactic used historically since the founding of this nation, and it has led to the racial hierarchy that functions in America to this day. Even today, there have been comparisons drafted between Ukrainian refugees and how they are received versus how refugees from Palestine are treated. Ukrainian immigrants were accepted fully without any concern for space, funding, or any of the other arguments that come up in regard to immigration. Palestinian immigrants, who have been struggling with a similar situation as Ukraine, (where another nation has invaded their own nation, claiming property and lives in the process), continue to deal with political attacks and discrimination simply for being Palestinian immigrants. (For more on how countries value immigrants from different nations differently, read a recent post by my colleague Danah Dibb). This discrimination is also present in how immigrants from Central America are treated, including the fact that children are still being held at the border in inhumane conditions separated from their parents.

Additionally, immigrants have been a source of cheap labor for industries since the founding of America. At first, there were indentured servants and slaves that helped build the economic success of America early on. Yet, after slavery was abolished and indentured servitude was outlawed, industries faced a new challenge to find cheap sources of labor to maintain their profit margins without sacrificing their productivity levels. This has led to industries using the modern-day prison industrial complex, (which has evolved slavery and indentured servitude into a legal process), or outsourcing jobs to other poor nations to be able to exploit laborers for their own benefit. Yet, another way that industries have aimed to address their cheap labor needs is through the employment of immigrants, mainly undocumented immigrants who are not protected under American labor laws, and as such, industries can (and do) exploit their labor without any regulations or transparency in the process. Even the process for naturalization and legalization for immigrants is purposefully long and difficult, forcing immigrants to still pay taxes, without receiving any benefits that documented immigrants would receive. Despite the misconceptions of many Americans, immigrants do not take away jobs from the American public; they take on jobs that are generally avoided by most Americans. Also, contrary to the American myth that immigrants are “criminals,” the immigrant population is more rule-abiding than most U.S. citizens. All these facts are relevant to frame the political landscape for immigrants in America. This historical context is necessary for comprehending the full reality of the political stunts that occurred recently in regard to immigrants.

A Bit of Background on Human Trafficking

I wanted to include this image because it is inclusive of what human trafficking entails — Source: Yahoo Images; An image of a person in distress made up of multiple words and phrases relating to human trafficking. These are just some of the realities people who are trafficked face

So, what is human trafficking, and what does it have anything to do with immigrants? Let’s begin with the first question, focusing on what it is, the federal laws on human trafficking as well as international and human rights laws that protect people from being trafficked. Human trafficking is the sale and purchase of human beings for the single reason of exploitation, whether it be for the victims’ labor, or for sexual manipulation. According to the human trafficking institute, over 24 million people worldwide are trafficked, of which 20 million are trafficked for labor-related issues, and another 4.8 million are exploited for the sex industry. These victims of trafficking are comprised of men, women, and children, from various nations, and from any and all age groups. Just looking at the numbers for America, it is estimated that around 14,000-17,000 people are trafficked into the United States. This does not even include the people that are trafficked within the borders, and this estimate is based on reported findings, which means that many people being exploited that have not been reported are not included in this statistic. Of course, as it is with any other issue, the more marginalized the group of people being targeted, the more vulnerable they are to being trafficked. Among other fields such as the sex industry, some of the most popular industries that employ people who are trafficked are the agricultural, manufacturing, domestic, and construction industries, which benefit from the cheap labor force. Victims are coerced into being trafficked through a variety of ways, including the threat of physical and psychological abuse to themselves or their family members (which can include sexual abuse, deprivation of food and sleep, as well as shaming and isolating victims from their family members). Traffickers also abuse the legal system to confuse or manipulate the victims, such as withholding their passports or documents and forcing them to comply with the trafficker’s rules. Immigrants and refugees are especially vulnerable, because they come from another nation, and most of the time, don’t speak the language of the country they are exploited to, are not familiar with that country’s laws, and are also threatened with deportation back to the country they escaped from fearing for their lives.

What protection do people have under the law against being trafficked?

I wanted to include this image to show that the UDHR protects people from being trafficked — Source: Yahoo Images; The Universal Declaration of Human Rights details in Article 4, that all persons are protected from being trafficked, forced into labor, or other forced actions.

Under most nations’ laws, human trafficking is a heinous crime that can result in serious punishment for those who participate in criminal activity. Protected by the Universal Declaration of Human Rights (UDHR) under Article 4,slavery and forced labor are prohibited. States that have ratified the UDHR are under a bounded obligation to protect the rights outlined in the UDHR. The United States has only selectively ratified the rights outlined by the UDHR, and as such, any issues of accountability they might face for any violations of the UDHR can become complicated. The United States does have its own laws against human trafficking, and according to the American state department, they have made it one of their policy priorities. One such legislation passed in 2000 to address this issue was the Trafficking Victims Protection Act, which put into place an updated legal framework that focused on the protection, prevention, and prosecution of human trafficking. Additionally, to better define who falls under the victimhood of trafficked individuals, the A-M-P model was proposed, focusing on the Action, (how the trafficker approached the victims), Means, (what strategies the trafficker employed, mainly force, fraud, or coercion), and the Purpose (for sexual exploitation or labor exploitation) for the trafficking of individuals. This framework helped the legal system better understand not only how the people were trafficked, but also defined the why. With all this being said, let us now move on to the issue of two political leaders, Ron DeSantis of Florida, and Gregg Abbot of Texas, who engaged in the trafficking of migrants across state borders to stage political stunts, in the process of uprooting the lives of many vulnerable immigrants.

Case of Greg Abbot and Ron DeSantis Transporting Migrants Across States

I wanted to include this image because most humans who are trafficked are done so for two reasons: labor or sexual exploitation — Source: Yahoo Images; An image of migrant workers in the field. Many of the immigrants who were trafficked by Abbott and DeSantis were coerced, with false promises of new opportunities.

The Republican governor of Texas, Greg Abbot, in an attempt to make a political statement regarding the United States immigration policies, began loading up busses full of migrants he picked up at the US-Mexico border to then be transported to the houses of his party’s opponents, such as Vice President Kamala Harris. He also proceeded to send busses into cities that are led by Democrats, such as Chicago, Washington D.C., and New York City, arguing that the borders were not secure enough and that the United States allowed too many immigrants into the country. While this argument is far from the actual truth, Abbot is not the only political leader spouting this hateful rhetoric. The cruel tactics that were used were originally made popular by former president Donald Trump in 2019, who envisioned a much more sinister approach to collect all the “rapists and criminals” and “bus and dump” them in blue states to stoke fears against immigrants. The trafficking of migrants has been put into practice many times since then, by political leaders from his own party acting on the former president’s ideas.

Similarly, the Republican governor of Florida, Ron DeSantis, also put into practice Trump’s “bus and dump” tactic but using a private plane this time, to fly migrants to Massachusetts, a state he claims is a “sanctuary state,” (which means these states or cities have an understood policy, whether written or unwritten, to protect the reporting of immigrants and their status to law enforcement, unless the individual is under investigation for a serious crime). In this latest stunt pulled by DeSantis, with the help of an individual identified as “Perla” (Perla Huerta, who is said to be a former counterintelligence agent for the US Army in Afghanistan and Iraq), rounded up 48 migrants in San Antonio, Texas, mostly from Venezuela, and lured them under false pretenses of new opportunities of employment and survival, to board the flight that landed in Martha’s Vineyard. These migrants were handed brochures that came from the Massachusetts Refugee Benefits center (which was made up), and had presented information on the pamphlet which they had copied from the real office for immigration services, Massachusetts Office of Refugee and Immigrants (who had no idea about any of these events). This brochure included “benefits” that the migrants were wrongly led to believe they would be eligible to receive and were flown to Martha’s Vineyard in Massachusetts. These benefits included promises of eligibility to receive up to eight months of cash assistance, housing assistance, food, clothing, and transportation assistance, and even help with childcare and education. Not knowing that these were only eligible for documented immigrants that had already been granted asylum, many of the Venezuelan asylum seekers (who had not been granted asylum by the United States) were misinformed and manipulated.

So, what happened to the migrants in both these cases?

Although this is not an image from the recent trafficking incidents, I wanted to include an image of what it looks like when community members come together to help migrants out. — Source: Marty Graham via Yahoo Images; An image of a community coming together to help with the medical needs of the migrant population

Despite the belief by both Abbot and DeSantis that these migrants would not be well-received, the people from the cities where the migrants were dropped off took it upon themselves to ensure that the migrants had adequate food and shelter arrangements as the issues of what to do moving forward were being decided upon. Chicago, one of the cities which received the waves of migrants sent by Governor Abbot, went out of its way to ensure that the migrants’ needs are being met and that they receive the medical care and legal advice they need as they await their fates. Similarly, in Massachusetts, Governor DeSantis’s plan was to drop the migrants off at the foot of a community center and they were told to knock to receive help. No one knew what was happening, but the entire community around Martha’s Vineyard came together to help feed and clothe the migrants. The 48 migrants later ended up at the military base in Cape Cod, using the military’s empty barracks for places to sleep.

If the actions of governors DeSantis and Abbot are run through the A-M-P model discussed earlier, the purpose of these stunts would be the only aspect that might be hard to judge from a legal perspective. The actions the two governors took would clearly fall under the transporting criteria of the first step, and their means would include both fraudulence and coercion for the second step. Although their purpose was of a political nature, they still rounded up migrants through fraudulent means to be migrated forcefully out of their current residence, without a proper place to be sheltered and provided for. While DeSantis dropped the migrants off at Martha’s Vineyard and forced the people there to deal with the aftermath, Abbot transported the migrants to the doorstep of the houses of his party’s political opponents. These actions, if committed by someone, not in a position of political power, would have led to the person facing severe legal repercussions. Yet the two governors have doubled down on their actions, proudly taking responsibility for the stunts, and Abbot even promises that more migrants are on their way, implying that he is not yet finished.

Update: Migrants file lawsuit against DeSantis

United States Supreme Court Building, Washington, D.C. Original image from Carol M. Highsmith’s America, Library of Congress collection. Digitally enhanced by rawpixel. Source: found via Yahoo Images Public Domain

Still, DeSantis might face some form of accountability for his actions, as the 48 migrants he flew to Martha’s Vineyard have filed a civil lawsuit against him, claiming that in the process, he violated the fourth and fourteenth amendments as well as many federal laws. The attorneys, on behalf of the migrants filing the lawsuit, are calling on DeSantis to be banned from repeating this political stunt again and are asking for DeSantis to pay for the damages caused to the migrants as a result of his actions. DeSantis came out protesting this accusation, claiming that his actions were legal because he had obtained signed consent forms from all the migrants who boarded that plane. He also alleged that this was not an act of coercion but that the migrants willingly took the journey to Martha’s Vineyard. However, most of the migrants claim they did not know where they were being taken to, only that they were promised good employment opportunities and a chance at a better lifestyle. Many of the migrants that were coerced into getting on the plane did not even speak or understand English. Additionally, there have been updates provided that the funds for these political stunts pulled by DeSantis came from public, tax-payer funds, meaning that this is also a case of misappropriation of state funds. Some legal experts are even proposing that these political stunts can be categorized as “kidnapping” because the victims were moved from one place to another without knowledge about where their destination was going to be. We will have to wait and see how this lawsuit plays out, mainly on the issue of whether there will be any accountability for people in positions of political power.

What now?

So, while we await the final verdict from the courts, what can be done to ensure this doesn’t happen again? For one, we could put immense public pressure on the two political leaders using a tactic known as “naming and shaming” to discourage them from pulling similar stunts in the future. However, many people that support these politicians, mainly the Republican base, have applauded the two governors’ behaviors, doubling down on their anti-immigration stances. In a society that continues to become more polarized, “naming and shaming” might have the opposite results than expected. Additionally, another step that can be considered is impeachment, or even banning the two politicians from holding office again. Some people might say this may be a drastic move, but if, as an elected official, you are irresponsible with so many human lives, including those of children, where you think it is okay to treat others with disrespect and ignominy, then you should not be allowed the opportunity to serve a position that would put you in charge of people’s well-being.

Another approach would have to come from the international community, mainly the international criminal courts, in an attempt to hold these individuals accountable for violation of human rights. This too, however, might not be as easy as it seems. For one, the federal courts would have jurisdiction before the international courts, and even still, in 2002, then President George W. Bush “unsigned” the Rome Statute, and a few months later, Congress passed the American Servicemembers Protection Act, which forbade the US from assisting or supporting the ICC or any member states that support the ICC. Further, it granted the president full power over securing the release of any US person, or allies that are held or imprisoned by the ICC. Although there has been renewed interest in revisiting this legislation, from an unlikely individual at that (Lindsey Graham), this support might not extend as far as investigating members of his own party. America has long struggled to hold its political leaders accountable, whether it be for war crimes committed by past presidents, or even for simply acknowledging historical atrocities that have occurred in the nation’s past. However, without proper accountability for these heinous political stunts, the two governors would set a precedent for the worse treatment of migrants in the future.

The U.S. Migration Crisis

On October 10, 2021, seventeen migrants fleeing from Cuba were apprehended after coming ashore near Key West, Florida. Arriving on a “chug”, or small, rustic boat that is common for those fleeing Caribbean nation-states, the migrants were given breakfast by police. Despite this small gesture of kindness, the migrants will most likely end up being deported back to Cuba.

As reported by the Miami Herald, in the fiscal year of 2021, the United States Coast Guard arrested 838 Cuban migrants, a staggering number considering that only 49 were detained in 2021. This recent uptick in Cuban migration reverses a downward trend that was seen after President Obama ended the “wet foot, dry foot” policy in 2017, which had allowed most migrants who made it to American soil to stay in the nation. The policy had first been introduced in 1995, and it’s reversal was an attempt to “normalize” diplomatic relationships with Cuba. Since the Cuban Revolution in 1959, over one million Cubans have uprooted their lives to come to the United States.

But perhaps even more alarming to those watching over the rights of undocumented persons is the plight of over 30,000 Haitian migrants who were expelled back to Haiti by Texas immigration authorities in record time in September 2021. Twitter exploded when a photo of U.S. border control agents on horseback chasing Haitian migrants was posted, highlighting the inhumane treatment many fleeing refugees face when making the dangerous journey to the United States. Immigration, an issue that has been a hot-button topic in the United States for decades now, has once again come into the collective conscience of domestic issues in the United States. Reform, now perhaps more than ever, is the call of all Americans, regardless of political alignment.

The Causes of Haitian Migration to the United States

To understand the migration crisis that is currently occurring at the southern border of the United States, it is paramount to explore the issues that are causing people to make a life-threatening journey of thousands of miles for the wish of a better future.

Haiti has experienced both natural disaster and political instability this year. On July 7, 2021, Haitian President Jovenel Moïse was assassinated in his home in Pourt-a-Prince, leaving the county in a vacuum of political unrest. And barely one month later, the already unstable state was rocked by a 7.2 magnitude earthquake, killing over 2,300 people and injuring over 12,000. 77% of those affected were already experiencing poverty.

Haiti has also been unable to recover from the 2010 earthquake, with over 300,000 people still living in unofficial housing or displacement camps. The cholera epidemic that was introduced by United Nations peacekeeping forces in the aftermath of the earthquake has infected over 800,000 people and claimed the lives of over 10,000. Haiti continues to hover in the bottom 10% of nations on the Human Development Index, with 2020’s report seeing Haiti at #170 out of 189 nations tracked by the system, the lowest of any country in the Western Hemisphere.

The promise of economic opportunity for Haitians, who are expected to earn $1,709 dollars per capita as Gross National Income, is enough to draw many away from Haiti. But as climate change continues to make tropical storms more numerous and severe in the Caribbean, we are not only seeing economic and political refugees flee to the United States, climate refugees have already begun to flee the immense poverty and misery present in Haiti and other Caribbean island nations. Climate refugees, This multitude of push factors have led hundreds of thousands to flee to the United States on the often unobtainable promise of a better life in a new country.

Attempts to Reform Immigration in the United States

Shows — Immigrants arriving at Ellis Island in the late 19th century. SOURCE : Yahoo! Images

The immigration debate in the United States has existed for almost as long as our nation itself. While immigrants from nations such as Ireland and Italy faced harsh discrimination throughout the 19th century, immigration remained relatively open and free. After the Supreme Court declared immigration regulation a federal responsibility in 1875, immigration controls were put in place quickly, with the Chinese Exclusion Act of 1882 beginning over a century of isolationist, anti-immigration political rhetoric and policy that lasts to this day.

After current President Joe Biden declared that the current United States immigration policy was a “moral failing”, human rights activists were excited for changes that would allow asylum-seekers and refugees an easier path to shelter. Biden also promised to “tackle the root causes of irregular migration”, sending a message that human rights abuses causing the crisis we are seeing out of Haiti and other Central American countries may finally be dealt with, raising the standard of living throughout these states and limiting the need for refugees to uproot their livelihoods to come to America.

Despite the hope for immigration reform on all sides of the American political spectrum, misinformation and fear have brought the possibility of positive change to a grinding halt. The most popular plan as of now is to introduce a path to citizenship for those who came to the United States before 2010. While this is amazing progress, it does not address the modern immigration crisis we have seen occur in the 2010’s into this new decade. It also would not provide amnesty for any Haitian refugees or asylum seekers who came to America in the aftermath of the 2010 Haitian earthquake.

There has been positive progress towards providing refuge from international crisis. The United States has seen a massive decrease in immigration arrests in fiscal year 2021. With the lowest numbers reported in a decade, the level of arrests in 2021 was 4.5x less than it was in 2011. Despite this progress in policy enforcement, actual changes in policy that tackle the systemic causes of mass migration from Central America and allow asylum seekers to more easily enter the United States would truly alleviate the migration crisis at our southern border.

COVID-19 in ICE Detention Facilities

Children advocating for — Children ask for their parents’ safety while they are in ICE facilities during COVID-19. Source: Yahoo Images

On a visit to a private United States Immigration and Customs Enforcement (ICE) facility in Texas, a reporter met with Philip, an immigrant from the Democratic Republic of Congo, to speak about the conditions of ICE facilities amid the coronavirus pandemic. Philip recalled his experience, telling the reporter that ICE does not “pay attention to the rules,” and “agents do not wear masks and do not respect quarantine.” Furthermore, he shared that the agents claim “health isn’t ICE’s responsibility.”

How severe is the risk of COVID-19 in the ICE facilities?

After hearing about the first warnings of COVID-19, Chris Beyrer, MD, Desmond M. Tutu Professor of Public Health and Human Rights, highlighted the potential for catastrophic outbreaks of the virus in America’s jails, prisons, and immigration detention centers. His background in epidemiology and research on infectious diseases in prisons gave him the credibility he needed to make such a grave claim. Additionally, in Wutan, China, where one of the first big outbreaks of COVID-19 was, prisons and jails had all the red flags that worsened the spread of COVID – indoor facilities, crowded populations, and hygiene challenges. This was more alarming to Breyer since he was aware of America’s densely populated facilities and their lack of preparedness in handling a pandemic.

Breyer was approached by a group of lawyers working with five older Latina women in the El Paso ICE facility; the women, in addition to their age, had at least one preexisting condition, such as diabetes and hypertension, putting them at a greater risk of becoming severally ill if they were to contract COVID. The lawyers sent Breyer detailed plans of the facility and housing arrangements, and Breyer’s team concluded that ICE could not protect the five women; they would be at high risk if they were exposed. The case reached a federal court where the judge ordered the release of all five women, who fortunately had family in the U.S., so they could go home. The judge’s ruling cited the irrefutable scientific evidence and explicitly said that ICE had failed to prove that they could protect the women from exposure. This precedent itself sets the standard for any other case that emerges during COVID in relation to ICE and the safety of a detention facility amid a pandemic.

Police in ICE facilities ignore COVID-19 guidelines. Source: Yahoo Images.

What else has ICE been doing amid a pandemic?

The sad part is that this unsanitary environment was present prior to the pandemic. In a 2019 inspection of ICE facilities by the Department of Homeland Security (DHS), the report says the DHS found “egregious violations”: moldy bathrooms, food safety issues, lack of hygiene items, and inadequate medical care. If these problems existed pre-pandemic, there is no guarantee that ICE has improved their filthy detentions’ environments. Though the ICE website has posted that it is abiding by CDC guidelines, there is no solid proof of such changes. Instead, ICE’s ongoing deportation flights have not ceased. Since January, over 450 deportation flights to fifteen countries in Latin America and the Caribbean have taken place. Eleven of these fifteen countries have confirmed that deportees returned with COVID-19. Since March, ICE has arranged 180 flights from detention centers in hotspot states – Texas, Arizona, California, and Florida – to the Northern Triangle and Mexico. Cases across the region in March jumped from few to thousands, which has been worsened by the deportations of COVID-positive immigrants.

A Call to Action

Amy Zeidan, an assistant professor of Emergency Medicine at Emory University, called for ICE to comply with mandatory CDC guidelines and release as many people as possible from immigrant detention. It has also been suggested to do three things in the meantime to fix the underlying structural issues that have worsened the spread of COVID in detention facilities: “increase COVID-19 screening and mass testing; improve access to medical care outside of ICE facilities for COVID-19 positive detainees; [and] implement systematic investigation into ICE facilities in violation of other guidelines.”

Homeland security is something that everyone cares about. But if America needs to cage immigrants in unsanitary, filthy conditions where they are at a greater risk of dying, then the DHS and ICE need to rethink their stance and their treatment of people who have immigrated to the United States. This pandemic affects everyone, but it can be mitigated with the correct precautions. People like Philip who witness such malnourishment within ICE facilities do not deserve to be treated with such cruelty.

people — One perspective into an ICE detention facility. Source: Yahoo Images.

Fires and COVID-19 Race Through Lesvos Migrant Camp

“We are asking for the European community to help. Why are they not listening to us? Where are the human rights? We took refuge in the European Union but where are they? There are no toilets, no showers, no water. Nothing. Not any security or safety. We die here every day.”

Devastation in Moria

On the night of September 8^th, 2020, fires raged through Europe’s largest migrant camp in Moria, Lesvos in Greece. It is home to more than 13,000 people which is 6x its capacity. Recently, Moria has caused deep political divisions and unrest in Europe over Mediterranean migration. Moria serves a direct transit point for hundreds of thousands of people seeking refuge from Afghanistan and Syria with the European Union. After Europe started closing its borders and putting a quota on the number of immigrants 4 years ago, life in Moria began to be plagued by mental and physical health issues and desperation. What was originally a temporary camp, became the home of deplorable conditions for people who were running from another deplorable environment.

On the night of the fires, thousands of Moria residents were displaced and are currently being refused entry into Europe, being refused basic rights to shelter and safety, being refused access to proper shelter and sanitation, and being refused their human rights. Since fleeing the fires, the refugees have resorted to sleeping on fields and the sides of roads. Thousands of migrants are now demanding more permanent housing because their situation is so out of the norm and they just want to feel safe in one environment, but their cries for help are continuing to go unheard. The Greek government has taken positive steps to build a more permanent migrant camp, but this leaves little to no hope for refugees seeking a better life outside of Lesvos.

This picture shows the a part of the residential area of the Moria camp where proper housing is severely limited and lacking along with our necessities. Source: Marianna Karakoukali

While accounts of how the fires started are currently being investigated the Greek government is claiming to have identified the culprits. Rumors of how the fires started are illustrative of ethnic and political tensions on Lesvos. The refugee migrants are tired of their poor living circumstances and the local population is upset with lack of regional, national, and international support for managing the influx of migrants and refugees on the island. While a second civil rights movement is happening not only in the United States, but all around the world, racial and ethnic tensions are high. Many refugees feel the European Union is turning its back on them. The European Union is becoming less tolerant for migrants and refugees, when it had once promised to help.

So how is COVID-19 affecting Moria?

Earlier this year, Greece went into lockdown and put travel restrictions on tourists coming in and residents going out. At the beginning of September, there was a small outbreak among the residents at the Moria camp, and human rights advocates are concerned that the Greek government is using this outbreak as an opportunity to further constrain the lives and freedoms of the migrants. The Greek minister for migration; Mitarchi, released a statement saying that the outbreak suggests need for a more “closed and controlled” environment for the migrants. This is odd considering that Moria has experienced far fewer cases than the rest of Greece, but the restrictions placed over the lives in Moria were much higher in comparison. In the Spring, the United Nations was so overwhelmed and concerned with livelihood and the living conditions at Moria that they called to expedite the migration process and related paperwork. So along with the day to day living conditions at Moria, COVID-19 and readily available access to healthcare is making life harder for the migrants. The fires may have been set in retaliation against the newer COVID-19 restrictions by the migrants or they might’ve been set by the local residents who fear the spread of COVID from the camp.

What is going on now?

In the meantime, while the Greek government is talking to French and Italian national leaders, riot police have been deployed to both the site where fires have been set, and also to the new refugee camp that is being set up to shelter those abandoned in Moria. This new site is at Kara Tepe where local media has identified helicopters that have been transporting tents and other necessities for the residents. In the fires, refugee documentation and belongings have been lost and burned, so it is still being determined how accessible the new site at Kara Tepe will be. Many refugees are now saying that they will not go back to another refugee camp where proper living conditions are not guaranteed, but the Greek government is saying that it will “not be blackmailed.”

Refugees sleep on side of the road following the fires, while they await further government housing and instructions. Source: Tasnim News Agency

What can you do to help?

Tweet European Leaders
Donate to grassroots organizations: Kitrinos, Movement on the Ground, Refugee4Refugees
Follow Choose Love Help Refugees organization on Instagram for other resources

Mounting Peril: COVID-19 in Mexico

As the novel coronavirus (COVID-19) expands throughout the United States (U.S.), its impact has rapidly reached vulnerable communities south of the border. As the 10^th most populous country in the world, Mexico is beginning to experience an influx in COVID-19 cases and, especially, deaths which has exacerbated many inequalities throughout the country. This blog addresses Mexico’s relevance in the COVID-19 pandemic and how it has influenced human rights issues concerning gender-based violence, indigenous peoples, organized crime, and immigration.

As of late-August, approximately 580,000 Mexicans have been diagnosed with COVID-19, while over 62,000 have died from the virus. Mexico’s capital of Mexico City is currently the country’s epicenter with over 95,000 confirmed cases of COVID-19. North of the capital, Guanajuato is nearing 30,000 confirmed cases as the second-largest hotspot, while the northern border state of Nuevo León has nearly 28,000 confirmed cases. Additionally, on the Gulf side, Tabasco and Veracruz are each nearing 28,000 cases of COVID-19. Interestingly, the southern border state of Chiapas, which has a large indigenous population, presumably has the lowest death rate (<1 death per 100,000 cases) which ignites concern about access to COVID-19 resources throughout this treacherous nation.

Gender-Based Violence

Mexico is on track to set an annual record for number of homicides since national statistics were first recorded in 1997. Femicide, which is the murder of women and girls due to their gender, has increased by over 30%. In the first half of 2020, there were 489 recorded femicides throughout Mexico. Much of this violence is attributed to the increased confinement of families since the arrival of COVID-19. For Mexican women, these atrocities are often the result of domestic abuse and drug gang activity which have both been on the rise. Regardless of how and why these acts are committed, it is plain to see that the vulnerability of women in Mexico has been exacerbated during the COVID-19 pandemic.

Mexico’s President, Andrés Manuel López Obrador (often referred to as AMLO), has been notorious for downplaying the country’s proliferation of gender-based violence. Despite an 80% increase in shelter calls and 50% increase in shelter admittance by women and children since the start of the pandemic, AMLO has insisted 90% of domestic violence calls have been “false”. As part of the COVID-19 austerity response, AMLO has slashed funds for women’s shelters and audaciously reduced the budget of the National Institute of Women by 75%. This all comes after the country’s largest ever women’s strike back in March, which AMLO suggested was a right-wing plot designed to compromise his presidency. AMLO has consistently scapegoated a loss in family “values” as the reason for the country’s endless failures while he promotes fiscal austerity during a global crisis.

Indigenous Peoples of Mexico

In Mexico’s poorest state, Chiapas, many indigenous peoples are skeptical about the COVID-19 pandemic. This is largely attributed to their constant mistrust of the Mexican government which views state power as an enemy of the people. As such, conspiracies have emerged such as medical personnel killing people at hospitals and anti-dengue spray spreading COVID-19, the latter inspiring some indigenous peoples to burn several vehicles and attack the home of local authorities. Nevertheless, Mexico has confirmed over 4,000 cases and 600 deaths of indigenous peoples throughout the country. The Pan American Health Organization (PAHO) suggests fostering better relationships with traditional practitioners can help limit the spread of COVID-19 in indigenous populations. Additionally, community surveillance efforts and communication through local language, symbols, and images will better protect Mexico’s indigenous populations.

Recently, 15 people at a COVID-19 checkpoint in the indigenous municipality of Huazantlán del Río, Oaxaca were ambushed and murdered. The victims were attacked after holding a protest over a local proposed wind farm, while the perpetrators are presumed to be members of the Gualterio Escandón crime organization, which aims to control the region to traffic undocumented immigrants and store stolen fuel. In 2012, members of the Ikoots indigenous group blocked construction of this area because they claimed it would undermine their rights to subsistence. This unprecedented event has garnered national attention from AMLO and the National Human Rights Commission (CNDH) as they seek to initiate a thorough investigation. As demonstrated, existing land disputes have been further complicated by the presence of COVID-19 and have thus drawn Mexico’s indigenous peoples into a corner of urgency.

Organized Crime

Over the past 50 years, more than 73,000 people have been reported missing throughout Mexico, although 71,000 of these cases have occurred since 2006. Frequently targeted groups are men ages 18-25 who likely have a connection with organized crime and women ages 12-18 who are likely forced in sex trafficking. This proliferation in missing persons is largely attributed to the uptick in organized crime and drug traffic-related violence that has plagued the country. Searches for missing persons have been stalled since the arrival of COVID-19 which counters the federal government’s accountability, namely AMLO’s campaign promise to find missing persons. AMLO insists that the government countering the drug cartels with violence, like Mexico’s past administrations, is not the answer. However, many analysts argue his intelligence-based approach has emboldened criminal groups, namely with homicides, during the COVID-19 pandemic.

On the other hand, with many Mexicans unable to work and put food on the table, drug cartels are stepping up to fill the void. The Sinaloa cartel, which is one of Mexico’s largest criminal groups and suppliers of Fentanyl and heroin, has been using their safe houses to assemble aid packages marked with the notorious Joaquín “El Chapo” Guzmán’s liking. Although this tactic has long been used by the drug cartels to grow local support, the COVID-19 pandemic has served as an opportunity to further use impoverished Mexicans as a social shield. These acts of ‘narco-philanthropy’, which is one of the many weapons employed by the drug cartels, has enraged AMLO who has relentlessly defended his administration’s response to COVID-19. This irony reveals how growing incompetence from Mexico’s government has left its people vulnerable to not only the pandemic of a generation but more drug cartel activity.

Immigration

With the U.S. government extending its border closures into late-August, tensions mount for the migrants who seek a better life in the U.S. In addition, with a growing number of COVID-19 cases in Arizona, California, and Texas, governors from Mexico’s northern border states have demonstrated reluctance to let Americans enter the country. These reciprocal efforts have made it exceedingly difficult for migrants, namely from Haiti, to seek asylum. As a result, the Mexico-U.S. border town of Tijuana has become a stalemate for 4,000 Haitian migrants in addition to another 4,000-5,000 in the Guatemala-Mexico border town of Tapachula. This has contributed to an economic crisis where there is no work available and people face the risk of being promptly deported, effectively nullifying their treacherous journey to Mexico.

Many undocumented migrants are afraid to visit Mexico’s hospitals due to fears of being detained which would introduce harsh living conditions that put them at greater risk of COVID-19. Across from Brownsville, Texas, in the Matamoros tent encampment, aggressive isolation efforts were enacted after it was discovered that a deported Mexican citizen had COVID-19. To curtail to risk of COVID-19, the mostly asylum seekers are now expected to sleep only three-feet apart, head-to-toe. On the other hand, some Mexican nationals are crossing the Mexico-U.S. border into El Paso, in addition to Southern California, under the travel restrictions loophole pertaining to medical needs. This influx is largely attributed to the lack of resources, such as oxygen and physical space, seen in many Mexican hospitals. As such, COVID-19 resource limitations are endured by both asylum seekers and medical migrants.

Woman sitting in front of a poster that includes pictures of femicide victims. — DRG Photo Contest Winner. Source: USAID U.S. Agency for International Development, Creative Commons.

Human Rights in Mexico

As shown, issues notoriously attached to Mexico, namely femicide, indigenous autonomy, organized crime, and immigration, have been further complicated by the COVID-19 pandemic. Femicide has grown due to a culture of misogyny that has proliferated during the lockdown. Indigenous communities have developed more distrust for the federal government, particularly as it relates to public health and land rights. Organized crime groups have extended their reign of terror on the Mexican people by weaponizing the effects of COVID-19. Immigrants, mainly from Central America and the Caribbean, are not only running from their dreadful past but also face the challenging prospects of a world with COVID-19.

As a global influence, Mexico fosters the responsibility to uphold international standards related to women’s rights, indigenous rights, and immigrant rights. Despite each of these issues having their own unique human rights prescription, they could all be improved by a more responsive government. This has rarely been the case for AMLO who has consistently minimized the urgency, and sometimes existence, of human rights issues in Mexico. Furthermore, austerity measures provoked by COVID-19 should not come at the expense of Mexico’s most vulnerable populations because they exacerbate existing inequalities and serve as a basis for future conflict, insecurity, and violence. One of the most important ways the Mexican government can limit these inequalities is by properly addressing the war on drugs which includes closing institutional grey areas that foster crime, strengthening law enforcement, and ensuring policies carry over into future administrations. All the while, the U.S. must address its role in Mexico’s drug and arms trade. Confronting these growing concerns from both sides of border is the only way Mexico while encounter a peaceful, prosperous future.

Challenges with Undocumented Immigrants in the U.S.

Humans have always been regarded as higher animals due to several similarities we share, including instinct, cognition, problem solving skills, introspection, creativity, emotional intelligence and planning skills. Just as planning is an ability of both humans and animals, it involves adequate effort and encompasses a wide range of ideas and research put in place to actualize our desired objective. One of the most fascinating parts of planning to me includes identifying the best place or location we can truly reach our goals, achieve our objectives and fulfil our purpose, which all basically centers around migration. Migration remains a constant and unending phenomenon for both humans and animals, and various motives can be attributed to this endeavor, such as the search for food and water, seasonal weather change, mating reasons, employment opportunities, health and education reasons, adventures and thrills, insecurity, and many others. More still, we can basically summarize migration purposes as a search for a better life, which is a basic instinct all living things possess.

In the last ten years, migration within the international context has risen to a significant level despite continuous efforts many countries have dedicated in ensuring their borders are adequately tightened with hope of discouraging immigrants from illegally entering their borders. According to Ross, Cunningham, & Hanna, an estimation of 244 million migrants are presently living temporarily or permanently outside their country of birth. Violent conflict, discrimination and lack of employment opportunities are major reasons for the increasing number of immigrants in several developed countries, and has forced many countries into adopting drastic measures such as rigorous identity checks, detention camps and deportation, to reduce their entry. Another means of curbing the increasing number of immigrants includes formulating and enforcing policies that limits them access to affordable healthcare services. For instance, the United States Affordable Care Act excludes undocumented immigrants from accessing health insurance, while the immigrant provisions of the 1996 Welfare Reform Act, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) excludes undocumented immigrants from publicly funded services.

Several immigration laws and policies within the United States continuously hinder undocumented immigrants’ access to adequate healthcare services, which constitutes a major challenge to all who fall under this category despite evidence proving they contribute more money in taxes to the U.S. economy than they consume in services. What I believe the U.S. government has failed to understand is the fact that these laws and policies not only put the health of these undocumented immigrants at a high risk, but also the health of the general public and socioeconomic development of the country. One of the most detrimental ways these laws and policies have greatly affected this vulnerable population is in the fight against the HIV epidemic. According to Ross et al., migrants who reside in developed countries are disproportionately affected by HIV as the proportion of new HIV diagnosis amongst migrants exceeds the percentage of the general population. HIV, as we all know, is a global epidemic that demands the best care and treatment which was the reason that spurred world leaders in 2015 to restate their commitment to the right to health by enacting the universal health coverage in the sustainable development goals that guarantees all people and communities access to high quality health services.

It is clear the United States government clearly disregards this universal policy that aims at ensuring everyone receives the best healthcare services irrespective of their personality or condition. I guess the U.S. government by their own understanding believes migrants do not fall under the universal coverage as it is evident through their discouraging treatment of undocumented immigrants, more so, those living with HIV. Ross et al. believes migrants persons living with HIV have more characteristics that are associated with poor HIV clinical outcome, and are more likely to die from HIV compared to non-immigrants. For undocumented people living with HIV, there are more factors that exacerbate their condition such as discriminatory laws and policies, lack of follow-up care, ignorance, stigmatization and discrimination. I do believe these discriminating laws and policies serves as the major factor affecting undocumented people living with HIV. One area that typifies this can be seen during the documentation process of a patient health record, which compulsorily demands the immigration status information of individuals. This got me wondering if a client’s immigration status information is actually needed in their health record.

Kim, Molina & Saadi believes documenting immigration status in patient records not only possess a challenge to the clients but also to clinicians. Although by recording this, the information would most likely improve the communication process between the client and the clinician, and also facilitate continuity of care, on the other hand, recording the same information could expose the client alongside their family to risks of being stigmatized or discriminated by non-immigrant friendly clinicians who may expose them to immigration enforcement officers even though it violates patient confidentiality. They believe explicit documentation of immigration status of patients alongside their families in a health record be avoided as evidence suggest risks outweigh benefits in this regard. Conversation about immigration status using indirect language in describing social context should rather be prioritized over written documentation to ensure patients have their healthcare needs met without fear. They concluded by advising clinicians and the general healthcare system to ensure policies and guidelines reduce the high level of stigma and discrimination for all rather than the present opposite.

Families fighting against forced separation — Madison, WI, USA- February 18, 2016 – group of people protesting new Wisconsin immigration laws. Source: Yahoo Image.

Another area that strikes me hard for undocumented immigrants living with HIV are those who are currently in detention camps across various states in the U.S., a revelation which came to me through one of my on-campus events with the representative of the Alabama Latino Aids Coalition. The speaker spoke about the inhumane treatment undocumented immigrants go through while in detention, more so, people living with HIV. This made me do some research and I found several evidences that confirmed undocumented immigrants living with HIV can actually maintain continuous access to care and treatment while being detained in correctional facilities to ensure they sustain or achieve good virologic outcomes and well-tolerated regimens if structured protocols are implemented and enforced. It should be noted that the detention process for migrants during their deportation proceedings is complex and rigid which has led to several lapses due to poor access to proper medical care. Even though there are 21 Federal Detention Centers across the U.S., which are operated by the Bureau of Prisons, and all provide Antiretroviral treatment and medication to detainees who disclose their HIV status, there exists fear of stigmatization or discrimination amongst detainees living with HIV as they believe their disclosure may negatively impact their immigration trial, especially if they also fall under any gender or sexual minority groups. Also, the poor living condition and environment of this population while in detention forces some to relapse into substance use, engage in risky sexual behaviors, and disregard their treatment plan.

Based on this understanding, it is hard to imagine the inhumane condition undocumented immigrants are forced to live through while being detained. There is need for the U.S. government to understand that even though several undocumented immigrants after their trial, are usually deported or released at the nearest borders or territories close to their home countries, several others return into the society without receiving adequate rehabilitation or reintegrative education which possess a challenge to the society at large. Human and material resources that could have been used to resolve other pressing needs will then be used to serve their avoidable demands. To resolve this challenge, there is the need to abolish any form of discrimination against detainees living with HIV and ensure it does not affect their deportation trial. Also, clinicians and correctional officers need to be more sensitive to the needs of the detainees having been separated from their families and may never see them again, which is a situation that can easily exacerbate their condition in such a hostile detention environment. Human rights institutions, immigration right advocates, academicians, alongside health authorities, media and the general public should also advocate and help raise awareness about the poor condition of these detention facilities. For deported detainees living with HIV, the U.S. government alongside non-governmental institutions should provide adequate health education using evidence-based treatment medications and materials that meets the specification of their home country to ensure transnational HIV continuity of care.

Picture of Undocumented Immigrants — Undocumented Immigrants in dire need of help. Source: Yahoo Image

In all, we all should understand that undocumented immigrants are also humans and should be treated with utmost respect irrespective of their situation. There is need to ensure their health and wellbeing are adequately met and well taken care of. As humans, we should not only sympathize with them, but also support them by raising awareness and advocating for better laws and policies that can assist them during their ordeal. We should always aim for a multi-sectoral approach that addresses the structural challenges for undocumented immigrants living with HIV such as housing, food security, mental health, and access to employment because there is a continuous effort by the U.S. government to dehumanize undocumented immigrants as community members and remove vital resources that is available to them. As we all know the U.S. government remains extremely resolute in enforcing the 2015 immigration laws that places all undocumented immigrants at risk of being deported, they can also ensure the universal law on respect to all life is adequately respected by enforcing laws, guidelines and policies that protects the lives and wellbeing of undocumented immigrants.

The Global Refugee Crisis: What Can We Do?

On Monday, March 4, the Institute for Human Rights co-sponsored an event with local education, faith-based, and policy organizations at Samford University, titled Addressing the Global Refugee Crisis – Part: What Can We Do? The panel discussion, moderated by Rachel Hagues (Assistant Professor at Samford University – Department of Social Work), included Carlos Aleman (Deputy Director at Hispanic Interest Coalition of Alabama), Mary Baxter (Resettlement Specialist at World Relief Atlanta), Cesar Mata (Organizing Fellow at Adelante Alabama Worker Center), Sarai Portillo (Executive Director at Alabama Coalition for Immigrant Justice), Leida Venegas (Refugee/Birmingham Resident from Colombia), and Lynda Wilson (Chair at Refugee Interest Group), where they addressed their organizations’ roles in the current refugee crisis and how local community members can get involved.

Baxter first addressed the audience by speaking about World Relief’s origin which stemmed from a faith-based relief effort that addressed the devastation in Europe after WW2. The organization began addressing refugee resettlement in 1979 and, today, are only one of nine organizations in the country that has a contract with the U.S. State Department to help resettle refugees. World Relief does case management work that covers child development, agriculture, and nutrition as well as teaches participants about navigating housing, U.S. laws, and obtaining proper documentation. World Relief also offers legal services and English tutoring to make resettled refugees are on a supportive, sustainable path in the U.S. Finally, World Relief has a church mobilization program which helps amplify their faith-based humanitarian efforts.

Aleman informed the audience that Hispanic Interest Coalition of Alabama (HICA) is currently observing its 20^th anniversary as an organization, but there is much needed work still to be done. Although 70% of HICA’s participants are of Mexican heritage, they are here to help any and every one that is in-need of assistance. He argued that “refugee” is a political title because Cubans entering the U.S. during the Cold War were afforded this title. However, Central Americans fleeing to the U.S. currently don’t have that same benefit because the political environment has cultivated anti-immigrant rhetoric about those trying to cross the Mexico-U.S. border. HICA offers a Justice and Leadership Program that helps people achieve immigrant status as well as a Family Program that is case management-centered, the latter assisting children enroll for school and people navigating the court system.

Portillo also mentioned our current political environment by mentioning that refugees have been scapegoated for electoral purposes but that the Alabama Coalition for Immigrant Justice (ACIJ) will not be discouraged. ACIJ is a coalition of six non-profit organizations and hundreds of individual members throughout the state of Alabama. More specifically, ACIJ does preventative work, such as family emergency plans, that prepare people for economic, social, and/or legal challenges that relate to their immigrant status. You can help advance ACIJ’s mission of grassroots immigrant justice by volunteering or donating to their organization.

**Sarai Portillo addressing the audience. Source: UAB Institute for Human Rights**

Aleman of Adelante mentioned how there are many problems facing their participant community and that the existence of immigrant detention centers, much like Etowah in Gadsden, is an issue that is not exclusive to this current presidential administration. As a result, Adelante has helped organize the #SHUTDOWNETOWAH campaign which is “committed to ending the human rights abuses at the Etowah County Detention Center” due the facility’s notorious mistreatment of detainees, including inadequate medical care, poor nutrition, and verbal abuse. Adelante also offers many volunteer opportunities, including the Accompaniment Program, which assists members with transportation to court hearings and probation appointments, a worker’s assembly called Asamblea!, and a Pen Pal Program.

Wilson briefly spoke about the Unitarian Universalist Church of Birmingham’s Refugee Interest Group whose three pillars are direct support, education, and advocacy as well as the remarkable journey of an asylum-seeking mother and her two children who fled Angola to Cuba, relocated to Ecuador, then walked a grueling 1800 miles to El Paso. Following, she introduced Leida Venegas, a refugee from Colombia and current Birmingham resident, who shared the story about leaving her country because of organized crime and governmental conflict. Venegas also fled to Ecuador where she corresponded with the United Nations and U.S. government for over a year then moved to Birmingham. With only three suitcases and her children, Venegas relied on her case worker from Catholic Social Services and church volunteers who have assisted her with housing, learning English, and transportation to obtain documentation. She insisted such volunteering has been vital and is very thankful to all of those who’ve committed their time and opened the door to their home.

As demonstrated, the current refugee crisis is not only in the hands of the U.S. government but to anyone who wants to get involved. Many organizations addressing this pressing issue have limited resources so lending a helping hand could change or possibly save a life. What can you do to address the current refugee crisis?

Give Me Your Tired, Your Poor: The U.S. Refugee Crisis

On Monday, November 12, the Institute for Human Rights co-sponsored an event with local education, faith-based, and law organizations at Birmingham-Southern College (BSC), titled Addressing the Global Refugee Crisis – Part 2: Focus on the United States. The panel discussion, moderated by Anne Ledvina ( Associate Director at BSC – Ellie and Herb Sklenar Center for International Programs), included Yanira Arias (Campaign Manager at Alianza Americas), April Jackson-McLennan (Attorney at The Law Office of John Charles Bell, L.L.C.), Sarai Portillo (Executive Director at Alabama Coalition for Immigrant Justice), Roshell Rosales (Member at Adelante Alabama Worker Center), and Jessica Vosburgh (Executive Director at Adelante Alabama Worker Center), addressing the Central American migrant caravan, definitions of immigration law, and Alabama’s role in the current refugee crisis.

From left to right: Anne Ledvina, Jessica Vosburgh, Roshell Rosales, and April Jackson-MacLennan pictured on the discussion panel. Source: UAB Institute for Human Rights

Arias and Portillo first addressed the audience by speaking about the recent events in Mexico City where many Central American caravan refugees were staying in a stadium serving as a makeshift camp. Here, many tenants camped on the field or slept on the bleachers, received medical attention and waited in line for basic resources, such as water, that had limited availability. Not only does Portillo assist migrants in her birthplace of Mexico but heads the Alabama Coalition for Immigrant Justice (ACIJ), a grassroots network of six non-profit organizations and various individuals dedicated to protecting and advancing immigrant rights by developing leadership, aligning with other justice causes, encouraging civil participation, and advocating for just policies. Arias’ organization, Alianza Americas, which is a national network serving Latino communities, is currently facilitating donations for Central American caravan refugees through the Refuge for Families Campaign.

Vosburgh then initiated discussion around the narrow qualifications for refugee status and mentioned the disproportionate effects of being an LGBTQ refugee such as allocation to immigration facilities based on birth-assigned gender and sexual exploitation. Additionally, Vosburgh insisted the United States plays a unique role in creating refugees, namely through the war on drugs and neoliberal economic policies which perpetuate destabilization in the Global South. Vosburgh heads Adelante Alabama Worker Center, a Hoover-based organization dedicated to uniting low-wage and immigrant workers as well as their families for defending and promoting human, namely labor, rights in vulnerable communities. Adelante offers a myriad of programs, including the Accompaniment Program, which matches volunteers with community members to assist with transportation to court hearings as well as probation appointments, as well as English classes and legal representation. Additionally, Roshell Rosales, an Adelante member and Montevallo University sophomore, spoke about her experiences as a Dreamer, including scrutiny from law enforcement and the opportunity to earn a scholarship through The Hispanic Interest Coalition of Alabama (¡HICA!).

Jackson-McLennan elaborated on the services provided by The Law Office of John Charles Bell, L.L.C., particularly their focus on affirmative asylum (obtaining asylum) and defensive asylum (defense against removal from U.S.) cases. Their services are salient to the region because not only is Alabama void of an immigration clinic, which often provide affordable legal services, but the political climate of the state often serves as a disadvantage to immigrants, speaking to the importance of their work. Also, due to predatory law practices in the Birmingham area, attorneys at John Charles Bell provide their immigration legal services on a low bono basis, meaning their assistance is accessible and affordable to potential clients.

Although these organizations do fascinating work to advance the rights of immigrants in the, every additional ally to the cause could be life-changing, whether it be through employment, housing, legal, or transportation assistance. Furthermore, our current political climate carries vestiges of anti-immigration efforts from the 20th Century when individuals and families, namely from the Jewish community, left their homes to escape conflict and faced persecution. As a result, more than 1,000 Central American refugees are at the U.S.-Mexico border in Tijuana, facing law enforcement with tear gas, pleading for a chance at a better life. Such a crisis speaks to our moral compass, not only as a country but global community, whose Universal Declaration of Human Rights, via the United Nations, demonstrates that everyone has the freedom of movement within each state (Article 13) and a right to a standard of living adequate for their health and well-being (Article 25).

If you’re interested in participating in the advancement of immigrant rights, both locally and globally, please mark your calendar for March 4, 2019 for the third installment of this series which will be held at Samford University and focus on a community action plan. Please stay tuned for more details.

Children’s Rights in the United States

A baby sitting on a blanket in the grass. — Cal. Source: Torrey Wiley, Creative Commons

Despite the many different viewpoints that exist on the political spectrum within the United States, one of the few things we all seem to be able to generally agree on is the importance of protecting children. Their life and well-being completely rely on adults actively working to keep them safe and nurture them. On September 2, 1990, the Convention on the Rights of the Child (CRC) was put into effect by the United Nations to aid in the protection of these most vulnerable members of society.

Despite the resolution’s wide acceptance, the United States is the only one that has not ratified it out of the world’s 195 countries. Why is this? What are its implications?

What Is Included in the Convention on the Rights of the Child?

The CRC does exactly what the title suggests: it outlines the rights held by children. It covers the rights to parental guidance, survival, development, nationality, identity, freedom of expression and thought, privacy, education, healthcare, and much more.

It states that, above all else, adults should be focused on ensuring that all their actions have as positive an impact on children as possible. Governments are responsible for protecting children’s rights in all situations, and any legislation that affects children should support their development and well-being. The CRC also addresses government responsibility in trying to keep families together (so long as it is the best thing for the child) and the fact that child refugees, children with disabilities, indigenous children, and children of minority groups have the same rights as any other children. Governments should take any extra action necessary to see that these rights are fulfilled.

Article 42 states that adults and children should be made aware of the rights put forth in the Convention. It emphasizes the importance of adults teaching children about their rights.

The United States and Violations of Children’s Rights

The United States is currently involved in the violation of many of the rights set forth in the CRC, but if it were to ratify the CRC, it would then be expected to begin working towards fixing them.

Children Facing Life Without Parole

One way in which we are currently violating the CRC is through the fact that, in many states, children can be sentenced to life in prison without the chance of parole. More than 3000 people are currently serving life sentences without the possibility for parole for crimes they committed while under the age of 18. In 2012, the Supreme Court ruled that it is unconstitutional for children to be given mandatory life-without-parole sentences. However, in 28 states it is still a possibility for a child to face life in prison without parole. This number does not include states that allow sentences lasting decades, even 90 years, which are in effect life-sentences, despite not being labeled as such. This violates Article 37 of the CRC which states that children should not be sentenced to life without the possibility of release.

A young girl looking over her shoulder at the camera. — Child. Source: Florencia&Pe, Creative Commons.

Children in Adult Prisons

We are also violating the CRC because there are around 10,000 children in the United States who are being held in adult prisons and jails. This fact within itself violates Article 37 of the CRC, which states that children should not be kept in prisons with adults. This also violates Article 34, which states that “Governments should protect children from all forms of sexual exploitation and abuse,” as children are five times as likely to experience sexual assault in adult prisons than juvenile detention centers. Children are 36 times more likely to commit suicide after being held in adult facilities than those who have been held in juvenile facilities. This violates Article 27, which states that children “have the right to a standard of living that is good enough to meet their physical and mental needs.”

Trump’s Zero Tolerance Immigration Policy

The United States has also recently violated the CRC through the “zero tolerance immigration policy” that The Trump Administration put in place earlier this year. As a result of the push for prosecution of undocumented immigrants caught crossing the border and “rules on holding children in either criminal or immigration detention,” thousands of children were separated from their parents. This violates Article 9 of the CRC which states that children should be remain with their parents unless it is more harmful for them to be together than separated.

Despite the rules that relate to holding children in criminal or immigration detention, the children who were separated from their families were held in what were essentially cages: holding areas surrounded by “chain-link fences,” with 20 children being held in each of them and “few comforts besides foil blankets.” They were kept in inhumane conditions, violating Article 27 of the CRC, which describes the right to an adequate standard of living. It is difficult to see how these conditions could possibly have had a better impact on the children than finding a way to allow them to remain with their parents.

Most of the families who were separated have now been reunited and new families are no longer being separated, but it is still important that we recognize the impact that such situations have on the children involved.

Basic Human Rights for Children in the United States

The United States also has a long way to go in taking steps to improve and preserve children’s access to their rights. In 2014, 22% of children lived in poverty, and 30% had parents who did not have job security. Between 2012 and 2014, 53% of young children were not in school, bringing concern to the right to education. Also, the US is the only high-income country that does not provide paid leave for new mothers.

The United States’ withdrawal from the United Nations Human Rights Council makes it difficult to be optimistic about the possibility of ratifying the CRC any time soon. It is a country that is self-proclaimed as being one of the most progressive in terms of human rights, yet we have not even ratified the document created to protect the vulnerable members of society whom we all agree need to be protected. At this point in time, the actions of the United States do not match its claims, and that needs to change.

We, too, are America

a picture of a microscope — microscope. Source: milosz1, Creative Commons.

We see you. More specifically, I see you. I see you and I understand your fear. Your fear, though, is not of our ascent and overthrow of your supremacy. Your fear is that we–those for whom you believe yourself superior in gender, race, ability, intelligence and religion, but equal to under the law—will treat you as you have treated us. This is your actual fear.

For so long, you have hidden behind your power to give and take at will and random, without accountability. You believed might and standing would continually protect you as you abused, assaulted, and harassed us behind closed doors, in elevators, at parties, or in cars. You assumed your strength would guard against numbers because silence remained your closest companion until it revealed you. Now, silence is your betrayer and light is shining into the darkness. With light comes freedom.

However, not for you.

Finally, thanks to the unfaithfulness of silence, the light that comes with freedom will change you, as the nullifications of uneasy interactions, creepy glances, and videotaped confessions that “boys being boys” and “locker room talk” conclude what we have known all along: you are an insecure predator.

You always have been.

For centuries, you employed power to mask your insecurity while building empires and corporations upon the backs of those “under your feet and purview”. You made rules and assured yourself they did not apply to you. The rules are changing, and you are afraid. You shudder at the possibility of the enforcement of an unjust law you created, applying to you. You are fearful that you will rot in jail for a crime you may or may not have committed, based upon the verdict of 12 who are not truly your peers because they do not look like, live like, or know what it like to be someone like you. You will know what it is like to tell your side of the story and find yourself defending your participation in and motives about the situation that caused you to end up here. Identified as you truly as a perpetuator of trepidation .

You always have been.

Your taxonomy and modus operandi, whether on the forced labor field of terror, in a Las Vegas hotel room or Charleston church, or behind a “news” desk or podium, remains hiding in plain sight because the condition of many is blind submission. The conditioning served us well too, for a while. However, now we are woke. Eyes wide open and aware of the insidiousness of your nature. This scares you, so you label us a threat because we discarded the previously employed labels you doled out. Threat, in your mind, encompasses all manner of challenges you have not experienced during your time in authority. We are a threat to your domination, to your supremacy and privilege. This is what frightens you. The poisonous fruit you provided opened our eyes to the facts about who you are and what we have known all along: you are an idol worshipper.

You have believed the lies told to you and by you for so long, that in many ways, the facts cannot penetrate the walls around your heart and mind. You contrive revisionist history as a method to mask the brutal reality of your ancestors, unwilling to yield to handwritten letters, photographic and videotaped evidence that counter your claims, and absurdly ask us to disbelieve what we see what our eyes, hear with our ears, and experience over time. The words you employ are not for freedom of expression but an expression of your hate, leaving us to wonder if you know how to express yourself in a manner to prove your point without resorting to vileness. You are not out to institute unification, rather everything about you proceeds from an inner core of division. You are in an identity crisis.

You always have been.

Conflicted on one hand about the creation of humanity as made in the image of an unseen God, while on the other, using some as cattle and unpaid laborers, burdened by cherry-picked scriptures applied to build a theology of exclusion. You claim to seek the facts through the reading of words written in years past but systematically avoid anything that may shatter the illusion of grandeur created in the ivory towers which redlining amassed. You proclaim belief in gender equality, except when it comes to leadership, reproduction, sexual experience, and wages. You defend colonization and imperialism due to a misapplied belief that those demonized and dehumanized are ignorant and incapable of civilization; however, pyramids, irrigation systems, and social order existed before the feet of your ancestors stepped on this, and that land. You balk at peaceful solutions and challenges to your authority by responding with insults and name-calling as though life and death are games played in a schoolyard. Even when you are wrong, you are uncompromised in your steadfastness to show your superiority, while marketing yourself as a humble follower of God. You want to be a mirror without looking in one.

I see you.

We see you.

We know the facts.

The fact is, change has arrived. For we, too, are America.

Additional readings:

Langston Hughes

The Color of Law

America’s Original Sin

Nations and Nationalism

Jessica Valenti