A new report released by New York’s City Bar Justice Center opens a window not only to the problems of immigrants being held in the Varick Federal Detention Center, but also profiles the problems rampant throughout the US immigration system.  The report describes the Know Your Rights Project – a joint effort of the City Bar Justice Center, the Legal Aid Society and the American Immigration Lawyers’ Association NYC Chapter Pro Bono Committee.  158 interviews were conducted from December 2008 to July 2009, by pro bono attorneys providing legal counsel to immigrants detained at Varick Federal Detention Center.

While sometimes stark and startling, the results reported in the City Bar Justice’s publication are not an isolated circumstance, but rather a case study of an all too common phenomenon.  As Amnesty International has reported on and advocated against for several years, and even the United States Council on Foreign Relations Task Force on US Immigration Policy has admitted, the United States immigration system is not merely flawed—it is broken.

The report presents compiled findings and identifies trends among the 158 people interviewed.  Notably among the results are that 39.2% of the detainees that the Project interviewed had possible claims for relief from removal—that they could appeal their cases and be released from detention and not deported.

However, at the same time, the report states that almost none of the detained immigrants interviewed had any knowledge of the legal provisions under which they may be able to present their claims for relief from removal.  While a legal library is available at Varick, most immigrants do not have adequate access to the facility, nor are they able to adequately navigate the intricate legal web in which they are caught in order to effectively represent their case on a pro se basis  (without a lawyer).  Only 10% of the immigrants interviewed qualified for a bond under the law as it is currently written, and only 1% were able to pay their bonds.  Often immigrants are detained much longer than necessary, with detention terms stretching on for weeks, months, even years.

The New York Times article “Immigrant Jail Tests U.S. View of Legal Access,” by Nina Burnstein run on November 1, 2009, chronicling the history of and conditions in the Varick Facility.  According to the article, Varick is run by an Alaska Native Corporation, Ahtna.  It profiles individual cases of immigrants detained at Varick, and describes some of their trials and tribulations as they attempt to navigate the legal and political quagmire in which they find themselves.  It shows a personal side of the story the NYC Know Your Rights Project report.

The findings of this report and of the recent New York Times article do not represent isolated events at Varick.  Amnesty International’s 2009 report, Jailed Without Justice:  Immigration Detention in the USA  explains the widespread flaws in the US immigration detention system and calls for a number of key policy recommendations.  In February 2009, the US Council on Foreign Relations Task Force on Immigration Policy released a publication chronicling similar problems in the immigration system and made recommendations to Congress for comprehensive immigration reform, closely mirroring the Amnesty International Report regarding recommendations on immigration detention.  Among them are similar recommendations made in the NYC Know Your Rights Project report, including providing alternatives to detention, such as affordable bonds, reporting requirements, or electronic monitoring ankle bracelets; and the need to make legal council available to every immigrant in custody.

As case studies such as Varick continue to emerge they underscore the fact that the United States is in dire need for detention reform.  Legislation is beginning to hit the floor, including the Immigration Oversight and Fairness Act (HR 1215)  and Robert Menendez’s two bills in the Senate, the Protect Citizens and Residents from Unlawful Detention Act (S.1549) and the Strong STANDARDS Act (S.1550).   However, with bigger, louder debates raging around health care, the very real danger exists that issue of immigration—like many immigrants to the US—will be pushed aside, locked in a veritable political and legislative jail to be dealt with at an undetermined date in the future.

Joanna B. Hurlburt, AIUSA Refugee and Migrant Rights, contributed to this post.

Israel is denying Palestinians their right to access to adequate water by using discriminatory and restrictive policies.

 Donatella Rovera, senior researcher on Israel and the Occupied Palestinian Territories said,

 “Israel allows the Palestinians access to only a fraction of the shared water resources, which lie mostly in the occupied West Bank, while the unlawful Israeli settlements there receive virtually unlimited supplies. In Gaza the Israeli blockade has made an already dire situation worse.”

The report, “Troubled Waters: Palestinians Denied Fair Access to Water,” says Israel uses more than 80 per cent of the water from the Mountain Aquifer, the main source of underground water in Israel and the OPT, while restricting Palestinian access to 20 per cent.  Israel takes all the water from the Jordan River,  the Palestinians get none.

In the Gaza Strip, 90 to 95 per cent of the water from its only water resource, the Coastal Aquifer, is contaminated and unfit for human consumption. Yet, Israel does not allow the transfer of water from the Mountain Aquifer in the West Bank to Gaza.  And because of the blockade on the Gaza Strip and the stringent restrictions imposed by Israel on the entry into Gaza of material and equipment necessary for the development and repair of infrastructure have caused further deterioration of the water and sanitation situation in Gaza, which has reached a crisis point.

A  12 page digest, “Thirsting for Justice: Palestinians access to water restricted” and the feature story of West Bank farmer,  Mahmoud al-’Alam,  about the day Israeli bulldozers came and destroyed his water supply and his livelihood can also be found on the Amnesty International website along with  the main report.

So it basically goes like this: Angola starts to kick out Congolese citizens living in Angola, almost 18,000 since July. The Democratic Republic of the Congo (DRC) says “for reals?” and shows a bunch of Angolan citizens to the door, well, border when it launches its own repatriation operation. So then Angola says “oh, yeah?” and increases the pace of expulsions of Congolese. The DRC says, “yeah,” and sends more Angolans over the border, approximately 28,000 since August. Angola says…well, you get the point.

Angola and the DRC have a long history of porous borders with refugees crossing back and forth escaping internal conflict, citizens looking for employment and best of all, politicians dabbling in each others internal conflicts. But the violence and disregard for the lives of those involved in this latest tit for tat is seriously uncool.

Angolan police, immigration officers, citizens and soldiers have been accused of beatings, sexual assaults and stealing the possessions of the Congolese they are expelling. “The deportees have nothing with them, everything was taken; there are cases of violence, rape and sexual abuse,” said a spokeswoman for the UN Office for the Coordination of Humanitarian Affairs (OCHA). Additionally, the large number of expelled persons gathering at each side of the border is a concern due to the high potential for a humanitarian disaster caused by insufficient food, water and sanitation facilities.

Angola and the DRC supposedly kissed and made up on Monday, saying “we are totally sorry and we are totally going to stop giving each others peops the boot,” or something like that.  But just because the politicians have agreed to stop pushing each other around, or actually to stop pushing each others citizens around, doesn’t mean all causes for concern are over.

“[T]here were fears that the latest round of deportations might have fanned lingering animosity between Angolans and Congolese living in each other’s countries. ‘There are fears of xenophobia – that’s the real danger now. We are worried this [situation] might explode.’”

A new Amnesty International report draws a shocking picture of the fate of women and girls who fled the violence in Darfur to neighboring Chad: Instead of finding safety in refugee camps across the border, many become victims of sexual violence. Chadian police, trained and supported by UN forces, do little to protect women from sexual attacks in and outside the camps. In a statement to the Associated Press, a spokesman for the Chadian government denied any responsibility for protecting the refugees: “If there are cases of rape in the camps we cannot prevent them. The government is not responsible for security in the camps.”

The conclusion of the report – titled No place for us here. Violence against refugee women in eastern Chad (pdf) – is devastating and speaks for itself:

Refugee women and girls continue to face the risk of rape and other serious violence in and outside refugee camps in eastern Chad despite the presence of the MINURCAT and the full deployment of the DIS [Detachement Integre de Securite; UN trained Chadian police force] in the 12 refugee camps in eastern Chad.

Outside refugee camps, women and girls face a range of abuses, from harassment and threats of physical attacks to rape and other forms of violence. Within the camps there is little safety from rape and other violence at the hands of other refugees, including members of their own families. In some cases women and girls even face the risk of rape and other violence from staff of humanitarian organizations, whose task is to provide them with assistance and support.

Perpetrators of rape and other forms of violence against refugee women and girls are very rarely brought to justice. This is the case even when survivors report instances of rape and other violence to the local Chadian authorities, the DIS or to refugee camps leaders. There is a deeply entrenched culture of impunity throughout eastern Chad when it comes to rape and other forms of violence against women.

On Thursday, March 12th, Amnesty USA posted a new web action aimed at getting Sudan to reinstate the operations of 13 international humanitarian aid agencies that were kicked out of Sudan and 3 domestic agencies that were shut down after the International Criminal cort issued an arrst warrant for Sudanese President Omar al-Bashir.  The action targets the UN Missions of the African Union and League of Arab States and the Sudanese Embassy in the U.S.  

On Friday, calls from activists started pouring in, all with the same complaint: their emails to all three targets were being returned as “undeliverable”.   It would seem that facing a deluge of emails, the targets blocked their accounts from receiving incoming messages. So, now, Amnesty is asking activists to fax messages to these three targets urging them to persuade Sudan to rescind its orders.

The very people who ought to be looking out for the victims of the conflict in Darfur are trying to block words from reaching them that urge the continuance of life-saving support for millions of vulnerable men, women, and children.  Just as Sudan would pull the plug on this life-support system, people who could persuade Sudanese authorities to reinstate these 16 key aid groups are plugging their ears to the world’s outrage and urgent plea for help.

Senator Jon Kyl (R-AZ) yesterday withdrew his controversial amendment that would have discriminated against Palestinian refugees from Gaza. The amendment was reportedly based on internet rumors and triggered strong opposition both on the hill and from human rights organizations and activists, led by Amnesty International USA. Thanks to everyone who took action!

Should Palestinians from Gaza be treated differently under US refugee law? According to Senator Jon Kyl (R – AZ), the answer is yes.

A Palestinian boy pours water into a dish for a woman as she sits on the rubble of her home in Jabalia in the northern Gaza Strip , March 6, 2009. (c) MOHAMMED ABED/AFP/Getty Images

Last Friday, Senator Kyl introduced an amendment to the Omnibus Appropriations bill, which adds the following line to page 942: “None of the funds appropriated or otherwise made available by this Act may be made available to resettle Palestinians from Gaza into the United States.” This amendment comes after a time of conflict, which sharply deteriorated the existing humanitarian situation in Gaza.

Contrary to a policy of 30 years, which extends protection to refugees on the basis of need, this amendment seeks to discriminate against an entire group based on nationality alone. Any refugee deemed in need of third country resettlement who meets the criteria of the US refugee program and the security protocols of the Department of Homeland Security should have access to our program irrespective of his or her nationality, ethnicity, or religion.

A vote on the amendment is expected tonight or tomorrow morning! Right now we are contacting Senators offices and gathering NGO signatures for a joint letter to urge them to vote against this discriminatory legislation. Add your voice now.

The opposition Tamil Tigers in Sri Lanka are well-known for their use of suicide bombers, especially female bombers. So I wasn’t shocked to hear on the radio yesterday the words “In Sri Lanka,” closely followed by “a female suicide bomber.” But I was outraged when I learned that she had been dressed as a civilian and blew herself up at a checkpoint for civilians fleeing into a government-declared “safety zone.” 28 were killed, both civilians and military, and dozens more wounded. It seems pretty clear that the Tigers are trying to discourage civilians from fleeing the conflict area, which would deprive them of their human shield. I hope the Tiger supporters will impress upon the Tigers that they must abide by the laws of war and immediately stop such tactics.

At the same time, yesterday’s suicide bombing shouldn’t give the Sri Lankan government any excuse to abuse the displaced civilian population. Their forces also should observe international law and take care to protect civilians. As the army and the Tigers fight, more civilians are being killed. There’s been ongoing shelling in the government-declared “safety zone.” 48 people were killed and 174 wounded last Friday. The next day, another 126 civilians, including 61 hospital patients, were killed. In another area, 80 were killed by shelling and another 198 fatally injured. There aren’t any independent observers in the “safety zone” or the rest of the war zone, so it’s not possible to determine which side is responsible. All we can do is appeal to both sides to protect the civilians trapped in the fighting.

One small piece of good news: You may recall that last week a hospital in the war zone had been closed due to repeated shelling and the patients moved to another area in the war zone lacking clean drinking water. The Red Cross reported today that it was evacuating the patients today and tomorrow by sea; the ferry will take them outside the conflict area. Unfortunately, 16 of the patients won’t be evacuated; they were killed by shelling yesterday.

Yesterday also saw another important development: 10 independent UN human rights experts issued a joint statement on Sri Lanka. They pointed out that human rights abuses in Sri Lanka don’t just occur in the area of fighting; the crisis is deeper and more endemic. The experts said they have received reports of torture, extrajudicial killings and enforced disappearances through the country, not just in the war zone. If the Sri Lankan government wants to demonstrate a commitment to human rights, it should immediately accept the experts’ offer of assistance and take steps to combat the continuing impunity the security forces have long enjoyed for past human rights violations.

Vanni area in Northern Sri Lanka, including Puthikudiyiruppu and many Internally Displaced People’s camps.

“The origins of the conflict arise from decades of the Sinhalese majority’s systematic discrimination against the Tamil minority, and its denial of the Tamils’ meaningful participation in the political process. The Sri Lankan army is almost exclusively Sinhalese. Successive Sinhalese-dominated governments have failed to effectively address these longstanding injustices.” Senator Patrick Leahy.

Civilians are sitting ducks, with 250,000 Tamil civilians trapped in the Vanni area conflict zone.  The Sri Lankan government called a 48 hour safe passageway last Friday to allow civilians to escape; only 236 emerged from the conflict zone.

“People are on the move because they are looking for a safe place. But there is no safe place,” ICRC spokeswoman Carla Haddad

Those still trapped in the conflict zone and displaced from their homes are reliant on humanitarian aid that is waiting on the edge of the conflict zone.

The civilian toll rose with strikes on February 1st, 2nd, and 3rd on the hospital in Puthikudiyiruppu hitting the pediatric unit. Twelve civilians have been killed and 30 wounded due to artillery strikes over the past two days. The government forces and the Tamil Tiger rebels have denied responsibility for the assault.

Bits of news from inside the conflict zone come from the Red Cross and healthcare professionals; journalists are barred from entry. Sixteen journalists have been killed since 1992 and 3 imprisoned in Sri Lanka since the beginning of the conflict. Lasantha Wickrematunga, editor-in-chief of The Sunday Leader, predicted his own death:

“It is well known that I was on two occasions brutally assaulted, while on another my house was sprayed with machine-gun fire. Despite the government’s sanctimonious assurances, there was never a serious police inquiry into the perpetrators of these attacks, and the attackers were never apprehended,” he wrote in the column titled, “And Then They Came for Me.”

Civilians must be protected under international humanitarian law, be they women, children, journalists or healthcare workers. Humanitarian aid must reach civilians trapped in conflict zones and the international community should be allowed access to assess the damages.

“We are deeply troubled by comments by the Sri Lankan Government threatening to expel foreign diplomats, aid agencies, and journalists. Reporters have already experienced physical attacks and intimidation, including the latest brazen assassination of renowned journalist Lasantha Wickrematunga. Together, we urge the Government of Sri Lanka to protect all of its citizens and conduct swift, full, and credible investigations into attacks on journalists and other civilians.” Senator John Kerry and Senator Richard Luger.

Written by Ally Krupar, Edited by Zahir Janmohamed

In the next few weeks, the International Criminal Court (ICC) is expected to hand down its decision about indicting Sudanese President Omar al-Bashir on charges of genocide, crimes against humanity, and war crimes.  Organizations such as the African Union and the Arab League are lobbying the UN Security Council to implement Article 16 of the Rome Statute, which would suspend any deliberations on the case against Bashir for a year with the possibility of an annual renewal.

We need to be wary of using the possibility of International Criminal Court indictments as a carrot and stick in seeking to end the conflict in Darfur.  Deferring the case of Sudanese President Omar al-Bashir sets up a catastrophic precedent whereby politics dictates the course of justice.  Amnesty International has advocated against such interference in the ICC from the court’s inception.

More importantly, we must not forget what Darfuris directly affected by nearly six years of state-sponsored terror want – justice.  Tens of thousands of Darfuris have signed petitions asking that the case against Bashir not be deferred.  We must listen to them.