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.
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.
“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 8th, 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.
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.”
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 10th 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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 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.
The Significance of Following Asylum Seekers’ Stories, from a Human Rights Student’s Perspective
Over the past year I have had the opportunity to be involved, peripherally, in cases of Mexican nationals seeking asylum in the United States. The first case that Dr. Chris Kyle involved his students in was a woman fleeing Mexico with her very young children after an extortion attempt and death threats. My involvement was to research in ethnographies, books, and other sources to provide the woman with a claim to a “particular social group.” The assignment was to prove that this woman was targeted for persecution on account on her membership in a “particular social group”. Because drug cartel activities and government corruption produce victims indiscriminately, demonstrating membership in a particular social group is arguably one of the most difficult aspects of asylum claims for Mexican applicants. The argument I made placed the applicant in a PSG of ‘women whose husbands are migrant workers’. She was recognizably vulnerable in her community without the protection of an adult male in the household, as well as vulnerable to extortion due to possible remittances from her husband. (The woman and her children were granted asylum and this case set a precedent for this particular social group to be recognized in future asylum cases.)
This semester I have shadowed Dr. Kyle when he is asked to be an expert witness for asylum applicants, testifying to the credibility of their claims due to violence in the state of Guerrero, Mexico. Much of what I have done this semester is to listen in to conversations between Dr. Kyle and immigration lawyers, research the obstacles that Mexican asylum seekers face, and explore the moral and legal arguments in human rights claims. It has been my experience while shadowing Dr. Kyle through a few asylum claims, that humanizing issues of asylum, immigration, and migration, is invaluable to understanding these issues in an academic setting. Having the opportunity to be involved even minimally in these asylum cases has been crucial to my perspective on human rights. For me, studying human rights isn’t about broadly philosophical, conceptual ideals. My experience with asylum cases over the past year has provided a more intimate understanding of human rights as the recognition of intrinsic human dignity and the use of law and institutions to affirm the value of human life.
When immigration lawyers ask for an expert witness to attest to a specific aspect of an asylum claim they send their client’s affidavit to the expert. Asylum seeker’s affidavits are essentially an outline of every trauma the claimant and their family have endured that could justify their need for asylum. In one particular case this semester the list of traumas I noted included the following: child sexual abuse, child molestation, rape, attempted gang rape, kidnapping, extortion, physical violence, death threats, torture, and PTSD. In this particular case the lawyer feels confident that the family will be granted asylum, but there are still uncertainties and possible complications in the legal argument on their behalf.
Reading each of these individual’s asylum claims has provoked me to question the ways in which we interpret and practice asylum law. Do we consider our moral responsibility to fellow humans often enough? Do we consider the ethical implications of political biases of immigration judges? Is the United States meeting its obligations under international law to accept and protect legitimate asylum seekers? My answer is consistently, no.
At one point during my research on international refugee laws and mobility rights, it became suddenly clear that who we ascribe human rights to is tied up in the symbolism of an object that societies have conjured as proof of humanness: documentation. In the United States, legal rights such as those provided through citizenship are paramount to our notion of humanity. Migrant workers are protected with certain rights… as long as they are documented as a migrant worker. Who is worthy of protection under the law? Who is worthy to work in order to shelter and feed their family? Being protected from harm and having the ability to provide for our families’ survival are human rights. Yet we ascribe value to a person based on the papers they carry, and devalue them based on the papers they don’t carry.
In the US, we use “undocumented” and “illegal” synonymously. Being “undocumented” is a crime worthy of prison detention and deportation to certain harm or death. Without “proper documentation”, people may be denied their rights, arbitrarily detained, and unprotected from abuse. Are we living in an era of human history where compassion is contingent on papers? Documentation is important for security matters, but it shouldn’t be the scale for whose life is valuable.
Kara is a graduate student in the UAB Anthropology of Peace and Human Rights program. In the coming weeks, Dr. Kyle and Kara will host a lecture to discuss their work.
A Civil Dialogue on Immigration, our panel event co-hosted by the UAB Office of Diversity and Inclusion, took place on Monday, March 21. President Watts introduced the evening by acknowledging the diverse community of UAB and the criticism faced by leadership from students and the Birmingham community for the inaction following the executive orders on immigration. The goal of the panel discussions is provide a forum for dialogue as a means of gaining understanding and cultivating empathy. UAB is limited in taking political positions as a public university, yet moderator Suzanne Austin says that UAB, through this panel, wishes to “take a deeper dive into rights of specific populations, demonstrate support for international students, and listen to the concerns of the public.”
There are four panelists: Selvum Pillay, Khaula Hadeed, Catherine Crow, and Inocencio Chavez, selected to aid in shedding fact on the misconceptions and misunderstandings surrounding immigration. Pillay, an administrator and international former student from South Africa, begins the conversation. He came to America in October 2001, and faced significant racism created by backlash from the prior month’s infamous attacks. He was told to “go back to Afghanistan,” but today still believes in fostering peace through discussion and the sharing of opinions. Hadeed gives voice to the importance of shutting down misconceptions about immigrants, specifically those of the Muslim faith. She provides statistics about immigrant demographics, including that are majority Christian and most often from Mexico, India, and China. She concludes her introduction with a bold statement that “we will look back and say that these years changed the future, and we must not repeat the horrors of the past.” Crow, is a former immigration attorney, who currently works at UAB as the director of International Scholar & Student Services. She works closely with the international students and faculty at UAB. Chavez is Youth Organizer for Community Engagement and Education Program at The Hispanic Interest Coalition of Alabama. He states that immigration is a human right, particularly for safety. Immigration, he says, is also a benefit to society by diversifying thought and understanding; cities and countries with the most immigrants have been the best and most effective. Chavez says his personal aim is to help Deferred Action for Childhood Arrivals students obtain educational help through Hispanic Interest Coalition of Alabama scholarships and non-federal aid programs.
The floor opens for questions. The first audience questioner asks, “Is there a difference between current and past vetting programs?” Hadeed answers by saying that there isn’t substantial knowledge on the new vetting programs, but gives her experience on past vetting programs. She says that there is a two-year vetting process involving numerous levels of qualification checks, and individuals can be turned down for something as inconsequential as inconsistencies in paperwork. Others can go through the entire process, be approved, and yet still be denied entry under executive orders. Hadeed says that she has lived here for almost sixteen years, but only became a citizen last year. Her husband, on the other hand, has been here for even longer and is still waiting on his.
An audience member asks for opinions on the forty arrests over the last weekend, and how to protect targeted people, to which Chavez responds, stating their rights were violated. ICE may not be targeting innocent people, but innocent undocumented people are undereducated on their rights and tend to get caught up in ICE raids that focus on other targets. Chavez emphasizes the need to educate all immigrants and U.S citizens on their rights to deny entry, the right to silence, and other rights that many may not be aware of.
The third question is, “As an elementary school teacher, what should we teach about immigration?’ All panelists answer this question and their answers vary, but center on acceptance and respect. Pillay answers initially and says that he believes that children should be taught respect for others through the Golden Rule, because respect is the biggest service individuals can do. Crowe adds that she believes inclusion of lonely and unpopular students should be emphasized in schools, because we carry those inclusive attitudes from childhood into civil society. Both Chavez and Hadeed speak on themes of equality though diversity, and acknowledging and celebrating the uniqueness of every student.
There are a series of written questions asked by moderator Suzanne Austin to the panelists. All three questions focus on inclusion of immigrants in the workplace, involving economic change, job “stealing,” and the combating of misinformation on this topic. Pillay answers first and quickly says that the question of job stealing is a non-starter, because the question answers itself. UAB has four-hundred nurse vacancies alone; there is a surprisingly large amount of jobs out there. In addition, most immigrants are not taking desirable jobs. Crow adds that getting a job is not an easy process for international students. For domestic students, you can simply walk into a place and find a job easily and quickly. For international students, it is a lengthy process involving many forms, references, and other steps that employers often do not want to deal with. In addition, international students only have a period of ninety days after graduation to find a job. Even in cases where that period is extended up to two years for STEM majors, that period is punctuated with evaluations from the university and constant contact with academic advisors. Additionally, obtaining a work visa is awarded on a lottery system, so there is no guarantee that you will be allowed to work. There are also a number of protections for federal appointments for international students involving a public notice saying that domestic applicants can come to challenge the appointment. In essence, Crow is saying that the steps to getting a job for international students are so intensive that it does not make sense to claim that they are ‘stealing our jobs.’ Chavez has the final response by sharing a personal story. He says that when he grew up in a rural area, he and his parents works in tomato and melon fields. Non-citizens were hired to do this grueling labor intentionally so that the owners could underpay them—sometimes as little as one dollar for hours of hard labor. This is not a job that non-citizens are stealing from the American people, because no one would do that work for so little money. Austin answers the last part of the question about misinformation and says that UAB is doing that through public forums like these.
The final question comes from a man who introduces himself as Ramirez who works for an accounting firm. He says that undocumented immigrants pay taxes into the system but never obtain the benefits that documented taxpayers do. Many do not want to file anymore for fear of arrest and deportation. Ramirez asks, “Will it hurt the economy if immigrants are too afraid to file their taxes? What can we do to minimize being taken advantage of by people who try to underpay us and violate our rights?” Chavez answers and says to do something. Be in local government, host rallies, and organize. He warns that you will face plenty of rejection, but even if you only reach a single person, your message still spreads.
This panel was particularly effective because it magnified the voices of people directly affected by the executive order on immigration. It allowed non-immigrants to more clearly understand the institutional barriers and societal struggles faced by both documented and undocumented immigrants. As a model for civic dialogue, panel discussions are a fantastic tool to spread awareness and challenge prejudice in a civil way.
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