Author Archives: Sarnata Reynolds

About Sarnata Reynolds

Sarnata Reynolds is the former Advocacy and Policy Director for Refugee and Migrants' Rights at Amnesty International USA.
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Deportation Without Consideration

February 25, 2010 at 12:51 PM

By almost any measure, Qing Hong Wu is an American.  He has lived in the US since the age of five, completed all of his schooling here and obtained a university degree, through hard work rose in prominence to the position of Vice-President of a national IT company, and he is engaged to be married.  He also takes care of his mother, an elderly naturalized US citizen, but when Mr. Wu applied for US citizenship at the age of 29, he was detained and placed in deportation. 

The reason?  His juvenile record.  Mr. Wu made some mistakes in his youth, but he listened to his juvenile sentencing judge, now-retired Judge Corriero of New York, who told him that he was young and could turn his life around, and he did.  Mr. Wu not only served time for his childhood crimes, but also worked hard to secure a successful education and career.  As US law now stands, however, criminal deportation proceedings will ignore entirely the myriad ways that Mr. Wu has demonstrated rehabilitation, including his positive contribution to his community and employer, and instead the proceedings will focus entirely on his juvenile bad behavior. 

Recognizing the immense strides taken by Mr. Wu in the past fifteen years, Judge Corriero supports his fight to remain in the US and is seeking a governor’s pardon for Wu’s juvenile record, the only way to avoid his mandatory deportation.   Mr. Wu’s employer has submitted a letter of support, and the Organization of Chinese Americans is seeking to have Mr. Wu’s 1996 guilty plea vacated because his criminal lawyer failed to explain to the teenager that by pleading to criminal conduct, he was also agreeing to his mandatory deportation.

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President Obama Extends TPS to Haitians

January 15, 2010 at 5:46 PM

This afternoon Janet Napolitano, Secretary for the Department of Homeland Security, announced that the administration will extend temporary protected status to Haitians in the US. Providing work authorization through a TPS designation empowers Haitians to share responsibility for the relief and rebuilding of their own country, and it enables the US to meet its human rights obligations under international law and standards. AIUSA commends the administration for its generous and prompt humanitarian response to the disaster that is unfolding in Haiti. Haitians fleeing persecution or other serious human rights violations have a right to seek protection in the US. Accordingly, we hope that in the coming days the administration will also suspend the policy on interdiction during this time of crisis.

President Obama: Protect the Human Rights of Haitians

January 14, 2010 at 4:41 PM

Haiti is devastated.

According to media reports, the earthquake has resulted in thousands of deaths, more injuries, and likely countless people missing and displaced. Amnesty International researchers are monitoring the situation. The US government quickly reacted on Wednesday by pledging humanitarian, technical and financial support to the people of Haiti, and this is to be welcomed. The Department of Homeland Security stated that it is temporarily halting all deportations to Haiti, which will provide some relief to the Haitians already here, and their family and friends in Haiti who will likely rely on them for financial support.

At the same time, however, there has been no move to provide protection or secure status to Haitians in the US, or suspend specific immigration policies that discriminate against Haitian nationals. Haitians fleeing persecution or other serious human rights violations have the right to seek protection in the US, but in flagrant violation of international law, the US government stops them on the high seas and returns them to Haiti (interdiction).

President Obama Should Extend Temporary Protected Status to All Haitians in the United States
Temporary protected status (TPS) is a form of protection provided to foreign nationals whose countries have experienced environmental disasters or armed conflicts posing a serious threat to the personal safety of foreign nationals if returned. By definition it is temporary in nature and provides protection and work authorization.

TPS also provides a critical lifeline to the family and friends of people remaining in the home country because TPS beneficiaries can work legally and provide financial support overseas. The US government has made very clear that Haiti is in critical need of financial support. Ensuring that Haitians in the US have the opportunity to work complies with US human rights obligations under international law and standards, and by enabling them to support their families in Haiti, helps indirectly to provide financial assistance to that country.

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Cover Up of Detention Center Deaths Exposed

January 11, 2010 at 1:00 AM

This past weekend, the New York Times reported on the widespread and coordinated cover up of deaths in immigration detention. One such case, highlighted in our 2009 report on immigration detention, Jailed Without Justice, involved Boubacar Bah, a 52-year-old tailor from Guinea who had lived in the US for ten years when he was detained. Newly available video shows him begging for help while handcuffed on the floor in solitary confinement. After four months in a coma, he died in detention.

The deliberate and coordinated dehumanization of the 107 people known to have died in immigration detention is shocking and shameful. For the last seven years Amnesty has monitored, investigated and advocated on the mistreatment of immigrants in detention, some of the core problems seemed to stem from incompetence and mismanagement. But it seems clear now that officials involved in immigration detention were regrettably quite competent at re-framing deaths due to neglect, and that detention facilities were in fact well coordinated in the cover up of ill-treatment and disregard.

Independent oversight and accountability is crucial to reforming a cruel detention system that is overused, under-scrutinized and where impunity is the rule and transparency the rare exception. While the US government has publicly stated its intent to reform the detention system, it has specifically rejected calls for enforceable rules as to the treatment of people in detention. According to the government, they are not necessary. The government is wrong. In Jailed Without Justice, Amnesty called for the adoption of enforceable human rights standards in all detention facilities coupled with independent oversight and accountability for transgressions. Until this occurs, ICE will have the ability to arbitrarily deprive people of their liberty, abuse them without repercussion, and label them as criminals as some sort of justification for the mistreatment they are forced to endure in silence.

On International Migrants Day Act to Restore Due Process in Detention and Deportation!

December 18, 2009 at 1:38 PM

The White House has publicly committed to reforming the current immigration system, which permits arbitrary detention and deportation in violation of human rights. On December 15, 2009, Representative Luis Gutierrez (IL-D) introduced the first broad legislation of this session to address a broken immigration system that results in egregious and pervasive human rights violations against immigrants and asylum seekers.

In the Senate, Senators Schumer and Graham are expected to introduce a comprehensive bill addressing immigration reform in early 2010.  No doubt, ensuring that the human rights of immigrants in detention and deportation are respected and protected will be a battle, and Rep. Gutierrez has provided a blueprint for the protection of rights in detention and deportation.

We need you to tell Senators Schumer and Graham that restoring the due process rights of immigrants in detention and deportation is a key component to successful immigration reform, and must be part of any Senate bill.

When did the "land of the free" become "the land preventing freedom"?

December 14, 2009 at 11:06 AM

 The Restore Fairness Campaign  recently posted a video describing the horrific plight of Esmeralda.

Esmeralda: A Transgender Detainee Speaks Out from Breakthrough on Vimeo.

Esmeralda, a transgender asylum seeker from Mexico who came to the United States seeking protection and liberty found herself in immigration detention, in conditions as terrifying as those she was attempting to flee.   Upon arrival at the US border, Esmeralda applied for asylum on the basis of persecution because of her identity as a transgendered person.  Like all asylum seekers seeking protection at US borders, Esmeralda was put into immigration detention. 

There was no reason to think she was a security threat.   There was no reason to think she was a flight risk.  She did not try to escape.  She did not cause trouble in the detention center. 

But according to her testimony: 
She was segregated. 
She was discriminated against. 
She was threatened. 
She was sexually abused and forced to perform oral sex on a prison guard.  SEE THE REST OF THIS POST

Posted in USA

Detention Reform: Jailed and Forgotten?

November 11, 2009 at 3:20 PM

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.

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Stuck Between a Rock and U.S. Immigration Policy

July 30, 2009 at 4:11 PM

Sarnata Reynolds, AIUSA’s policy and campaign director for refugee and migrant rights, spoke at a press teleconference on Thursday July 30th, 2009, set to discuss the bills presented by Senators Menendez and Gillibrand: “Protect Citizens and Residents from Unlawful Detention Act” and “Strong STANDARDS Act.” These new bills stand to drastically improve plight of detained US citizens and immigrants. The bills also require immigration authorities to ensure that U.S. citizens and other vulnerable populations such as children are informed of their rights when arrested, are considered for release and are treated humanely while detained.

Over the last twelve months, I have met with dozens of people detained in local jails, privately contracted centers, and ICE (Immigration and Customs Enforcement) facilities across the United States. Their arbitrary, prolonged and in some cases, indefinite, detention is shameful. Just a few weeks ago in Minnesota, I met two immigrants who had gone an entire year without ever being outside. Twelve months. The county jails they are held in are not designed for long-term detainees, and they have no outdoor facilities. One of the men stated, “deportation is supposed to be a civil procedure, but there’s nothing civil about it.”

In June, I went to Texas and met a man from Maryland who had been granted a $5000 bond by an immigration judge. An Immigration and Customs Enforcement (ICE) attorney appealed the decision and invoked what is called the “automatic stay” – a procedure that gives ICE the authority to ignore an immigration judge’s decision while it pursues an appeal. For eight months the man languished in jail. Finally, in early July the administrative appellate body agreed with the immigration judge and ordered his release on a $5000 bond. During the eight months this breadwinner was detained, his family became destitute and now they don’t have the necessary $5000 to bond him out.

These stories are not anomalies. They represent the experiences of thousands of immigrants who are locked up right now across the U.S. They are mothers and fathers, breadwinners and caretakers, community leaders, human rights defenders and scholars. They build houses and raise other people’s children, only to be ripped away from their own.

Immigration detention is a crutch that props up a broken, clumsy and inhumane enforcement policy. It is a poor substitution for smart immigration law, and reform of the entire system is desperately needed.

ICE will say that the average detention stay is 37 days, but this statistic is skewed. It includes the people who agree to be deported almost immediately after being arrested, and this accounts for tens of thousands of people every year. The reality is that if an individual chooses to fight deportation: because he/she is a US citizen, fears persecution, or is not in fact deportable, the person faces months and years of detention.

In our report, Jailed Without Justice, Amnesty International documented over 100 cases in which individuals were detained for years, until they were ultimately found not deportable. These individuals don’t get those years back, and the US taxpayer will not recoup the massive cost of these needless detentions.

While Congress has funded alternatives to detention because they have been shown to be effective and significantly less expensive than detaining people, there is concern that ICE is using these funds for programs such as electronic monitoring to supervise individuals who are eligible for release rather than for individuals who would otherwise be detained.

Secure alternatives to detention should be considered in all cases, and if some form of custody is deemed necessary, they should be the norm for pregnant women, sick seniors, and nursing mothers. This is not the currently the case. In fact, in the summer of 2008, a nine months pregnant woman was detained and forced to undergo labor while shackled to a hospital bed. An officer remained in the room during the entire labor. There was no reason to believe that this heavily pregnant woman posed a flight risk or a danger. At most, she should have been placed in a secure alternative program. She was locked up.

Although the Department of Homeland Security has enacted standards for the treatment of people subject to immigration detention, these standards are not legally enforceable – and as was reported by Amnesty International, and reinforced this week in two more reports, transgressions of the standards occur frequently and with impunity. Despite this reality, just a few days ago the Obama administration declined to independently enact enforceable standards, stating that the current system is functioning well. As anyone who has been detained will tell you, the standards are not working.

Legislation that provides a framework for safe, humane and thoughtful detention policy is desperately needed, and the two bills introduced by Senator Menendez and his colleagues today meet these requirements. Amnesty International USA applauds Senators Menendez, Kennedy and Gillibrand for sponsoring these vital pieces of legislation, and Rep. Roybal Allard for her bill, introduced earlier this year. As the U.S. Supreme Court stated in an immigration detention case it decided in 2001, “Freedom from imprisonment— from government custody, detention, or other forms of physical restraint – lies at the heart of the liberty [the due process] clause protects.” This truth is not reflected in current U.S. law and policy. It is time to reform them.

Posted in USA

Immigrants Locked Away in Legal Limbo

March 25, 2009 at 10:55 AM

New research shows immigrants, including asylum seekers fleeing torture and long-time lawful permanent residents, are being unjustly detained in the U.S. Tens of thousands of people sit locked up in a broken and cruel system of detention with no right to even a hearing to determine if their detention is warranted.

A detained immigrant visits with his son and family members in a California detention center.

A detained immigrant visits with his son and family members in a California detention center.

Many languish separated from their families, commingled with people serving criminal sentences, and sometimes denied access to attorneys, family members and adequate medical care. The Department of Homeland Security (DHS) could issue new regulations that would quickly solve many of these problems. But instead, just three weeks ago, the office in charge of these policies testified before Congress that it plans to detain almost a hundred thousand more immigrants this year than last.

The new research outlined in the Amnesty International report released today, Jailed without Justice, shows that:

• Lawful permanent residents, asylum seekers, and survivors of torture are being detained while they fight for protection
• US citizens and lawful permanent residents can be detained for years without any review of their custody
• Meaningful oversight and accountability for abuse or neglect in detention is almost nonexistent
• Individuals in detention often lack treatment for their medical needs and 74 people have died while in immigration detention over the past five years

Our findings are similar to what I’ve seen working in the immigration system for a decade. Before I joined Amnesty International’s staff, I represented immigrants and asylum seekers in San Francisco. I never met the first detained person whom I represented. He was a nineteen-year-old from Sierra Leone who had witnessed the murder of his father and neighbors. I will call him Joseph. The night of the massacre, he slipped into a cargo ship not knowing where he was going or how long he would be at sea. Joseph was discovered by the ship’s captain and turned over to immigration authorities upon arrival in the U.S. He was detained in Texas and applied for asylum without the help of an attorney. His case was denied. To be granted asylum, a person must show that he fears persecution on account of a protected ground: race, religion, nationality, membership in a particular social group, or political opinion. Joseph belonged to a particular tribe and his village was targeted for this reason. Under immigration law, a tribe is often considered either a race or nationality for purposes of asylum protection.

In detention, Joseph was unable to secure documents to support his claim and in representing himself, he did not know what was important to share with the immigration judge and government attorney. I learned of Joseph’s case through a pro bono program and agreed to write his appeal. In the appeal I asked that the case be reopened so that Joseph could submit documents supporting his claim. Joseph’s appeal was denied. The Board of Immigration Appeals thought Joseph had not provided evidence that he was persecuted on account of a protected ground. I believed this decision was wrong and advised Joseph to appeal, but he couldn’t face months or years more in detention with an uncertain outcome. He was deported.

In San Francisco I could meet my clients in jail, but communication was very difficult. Oftentimes they were despondent and we spent a lot of time talking about why it was worth it to continue fighting. Preparing a detained client for court was extremely difficult because often the client’s wrist was shackled to the table, there was very little privacy, and we had limited amount of time together. Securing documents could take an exceptionally long time.

When I joined Amnesty International, immigrants in detention were never far from my mind. As part of the research team assigned to look at immigrant detention, I went back to San Francisco to document detention practices in the Bay Area. It was disturbing to see that Immigration and Customs Enforcement (ICE) policies on detention had not improved, and in many instances, seemed more draconian. Detained immigrants still faced an indefinite number of months and years behind bars; securing affordable counsel was exceptionally hard; and immigrants were forced to wear prison jumpsuits, shackled to each other or a table when they were outside their cells, and their time was limited when spouses and children came to visit. It was heartbreaking and unnecessary.

Depriving people of their liberty without any right to a hearing is contrary to the constitution and American values. As the Supreme Court found in the Guantanamo cases, the constitution does not permit the U.S. to lock people up and throw away the key. Yet, that is exactly what is happening to tens of thousands of immigrants (and some US citizens) as they go through deportation proceedings in the U.S. The law must change to reflect international human rights standards and U.S. values.

Posted in USA