Freedom

FeaturedFreedom

…it seems that the concept of freedom no longer has a consensus understanding among the American people.  What’s more, we have lost our ability to engage in debate, a cornerstone of a healthy democracy. 

Until recently, I had not visited Ellis Island or the Statue of Liberty.  Working with immigrants and asylum seekers has thus far defined my professional career, but my visit to Lady Liberty served as a reminder about our nation’s concept of freedom. The audio guide (love this modern invention) shared many new facts about Lady Liberty, reinforced ones commonly known and challenged visitors to define the statue’s significance to them.

At its inception in 1886, the Statue of Liberty was built as a sort of nod from the French to the United States which was, by then, a century-old democracy with a bright future, having recently withstood a civil war.

She was built filled with symbols: her torch as a sign of enlightenment; her sun ray crown sharing her light with the rest of the world; her tablet of laws symbolizing the importance of the rule of law; and at her feet, broken chains as a sign of freedom from slavery and political oppression.

A powerful part of the statue’s story is that the significance of her symbols has changed alongside U.S. history, a true sign of her aspirational nature.

In her early years, Lady Liberty was a symbol of hope, freedom and new beginnings, welcoming over 12 million new immigrants, accepting 98% of those who passed through Ellis Island from 1892-1954. During WWI and WWII, she welcomed troops back to the homeland, standing as a reminder of the freedoms they were fighting for while stationed in other parts of the world.  She now stands with the Manhattan skyline at her side, including the new World Trade Center, as a reminder of strength and resilience to rebuild in the name of freedom.

At the end of the tour, the audio guide challenged me (and everyone else who listened to it) to define what liberty means.

I was just about 10 when the Cold War ended, just over 20 when the Twin Towers fell and right around 30 when the Great Recession hit.  Each of these events has shaped my understanding of political, ideological and economic freedoms.  There was much debate among the American people about how much “liberty” could be sacrificed in order to protect “freedom” but little question about what “freedom” meant at the time.  At forty, it seems that the concept of freedom no longer has a consensus understanding among the American people.  What’s more, we have lost our ability to engage in debate, a cornerstone of a healthy democracy.

Immigration is one of the many issues where debate has become nearly impossible.  The last comprehensive reform to our immigration laws was over half a century ago.  The last meaningful attempt at reform was a decade ago. A week ago, without discussion or debate, our government temporarily closed the San Diego port of entry to asylum seekers and is attempting to close off the rest of the border permanently.

The 1980 Refugee Act amended the Immigration and Nationality Act to “revise the procedures for the [S. 643] admission of refugees, to amend the Migration and Refugee Assistance Act of 1962 to establish a more uniform basis for the provision of assistance to refugees, and for other purposes.” (Source: Public Law 96-212) Refugee law and humanitarian law recognize that refugees seeking safety cannot always follow an orderly immigration process when death is at their door. Thus, our laws allow for anyone in the U.S. to apply for asylum, regardless of how or where they entered.

Monday, December 10 is Human Rights Day and the 70th anniversary of the Universal Declaration of Human Rights which establishes the equal dignity and worth of every person. It confirms that the State has a core duty to promote standards of life that enable us to enjoy equality and freedom, achieve justice, and live in peace.

I cannot think of a simpler concept of freedom than to be able to go to school, run your business, raise your family or live in your home without fearing that you might be killed.  As we turn our backs on these families and children seeking this most basic freedom that the Statue of Liberty symbolized, I cannot help but fear that in the next decade “freedom” in America will may lose its meaning altogether.

By Sarah Brenes, Director Refugee & Immigrant Program at The Advocates for Human Rights

 

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Volunteering with The Advocates for Human Rights

FeaturedVolunteering with The Advocates for Human Rights

Why should you volunteer with The Advocates?
The Advocates for Human Rights is an organization dedicated to helping refugees and immigrants, women, ethnic and religious minorities, children, and other marginalized communities. For more than thirty years The Advocates have been able to change lives through investigating and exposing human rights violations; representing people who are seeking asylum; training and assisting groups that protect human rights; engaging the public, policy-makers and children; and pushing for legal reform around the world. This would not have been achievable without the thousands of volunteers that have dedicated their time and skills each year.

Volunteer model:
As a volunteer-based organization, The Advocates’ mission is to engage as many people as possible in the fight against human rights violations. Utilizing its resources and years’ in experience, The Advocates’ small staff is able to team with volunteers and partners to implement human rights standards to promote civil society and reinforce the rule of law. For instance, because of the generous assistance of volunteer attorneys, The Advocates can provide free legal services to asylum seekers. The Advocates relies on the support of individuals, law firms, foundations, and the business community to fulfill its mission.

What you can do to help:
There are opportunities for both professionals and non-professionals to get involved: the first step is subscribing to The Advocates’ monthly e-newsletter. Keeping in touch allows one to remain abreast of current human rights issues, as well as be notified of new opportunities to volunteer. To sign up for the mailing list and newsletter, please visit our web site.

Lawyers can donate their time to The Advocates by volunteering to represent asylum seekers pro bono in immigration court. No experience with immigration or human rights law is required. The Advocates will adequately prepare any lawyers who wish to do this. For more information about pro bono work and other volunteering opportunities in the professional world, please visit our web site.

In addition, The Advocates offers an upcoming Continuing Legal Education (CLE) program on human rights and human rights law.

For non-lawyers there are also many ways to get involved. High school and college students can apply to intern and work with The Advocates in various capacities. Furthermore, one can volunteer to be an interpreter or translator, provide office support, become a court observer, or work with The Advocates at the Minnesota State Fair. For volunteering information and to sign up, please visit our web site.

Additionally, immigration has recently become a hot topic with the most pressing issue that confronts us today is the treatment of immigrants at the United States border. In response to this outcry, The Advocates have formed the Immigrant Rights Defense Campaign (IRDC), which urges people to publicly commit to fighting for the rights of immigrants. Both individuals and entire firms can sign onto the IRDC and commit to publicly engaging with at least one campaign action. More information can be found on the IRDC website.

By Alyxandra Sego, an intern with The Advocates for Human Rights.

Using Theatre to Discuss Immigration with Children

FeaturedUsing Theatre to Discuss Immigration with Children

I Come from Arizona — a currently running Children’s Theatre Company production that is creating bridges for discussion.

When I was a child, I grew up on the East side of St. Paul. I lived in an old neighborhood that was home to people of diverse races, economic classes, sexual orientations, and religions. My own father was a refugee from Cambodia, and in 1995, he married a white woman and bought a house in that old neighborhood a year later. Our next-door neighbors were a large Mexican family, and when I was 9, the father was deported and my best friend at the time had to move away. I remember wondering if my father would ever be deported. I was told that it would never happen because he had become an official citizen. As a young child, this was a huge comfort.

That comfort of knowing that your parents are legally allowed in the United States is not something every child shares. I Come from Arizona is a play that seeks to have that conversation with younger audiences and their families/communities. It centers on the experience of a young girl named Gabi who learns that her family is undocumented from Mexico and her interactions with contrasting perspectives on immigration. It was premiered at the Children’s Theatre Company in Minneapolis October 9 and runs through November 25. Guest speakers from The Advocates for Human Rights have held post-play discussions to help audiences sift through the often challenging issues raised.
After the show, children from the audience have been invited to send their questions to Off-Book where CTC cast and crew and The Advocates can respond.

Here are some the questions and their answers:

Question: Why is the immigration debate always centered around Mexico and South America?

Madeline Lohman, Senior Researcher: “The immigration debate is centered around Mexico and Latin America for a few reasons. One is historical. Because of our land border with Mexico, it is true that the majority of undocumented immigrants in the past were from Mexico. This led opponents of undocumented immigration to equate it with Mexican immigration or even Mexican identity, when the vast majority of people of Mexican ancestry living in the United States are citizens or legal residents. Today, Mexicans may no longer be the majority of undocumented immigrants according to estimates from the Pew Research Center, which has some of the most reliable numbers on the topic. So, the focus on unauthorized immigration from Mexico is no longer accurate, but it still persists.

A second reason is racial prejudice. Immigrants from Mexico and Latin America are typically people of color and they share a common, non-English language. White, English-speaking citizens can see that they are different in a way that is more difficult with immigrants from Canada or most of Europe. Those white citizens may also have a family heritage from European countries that leads them to feel an affinity for immigrants from Europe that they do not feel for immigrants from Latin America. We can see the influence of racial prejudice in debates about refugee resettlement and granting asylum. When (white) Bosnians were fleeing during the collapse of the former Yugoslavia, there was far less push back than during today’s refugee crises in Syria, Central America, and Somalia.”

Question: Is it true that people have to walk through the desert to cross the border?

Michele Garnett McKenzie, Deputy Director: “Yes, it’s true. People often walk for many days through the desert to come to the United States.

People come to the United States for many reasons and in many different ways. Many people take airplanes, boats, or drive cars to visit or move to the United States. People who come to the United States need permission, called a “visa,” and need to be inspected and admitted by an officer at the border or airport. The government estimates that 76.9 million people came to the U.S. in 2017, mostly as visitors.

But the United States does not let everyone who wants or needs to come here into the country. People who want to visit, for example, have to prove they have enough money to travel and that they are going to return home when their trip is over in order to get a visa.

Sometimes people risk a dangerous journey to the United States so they can try to enter the country and get work to send money to their families. The United States only allows people to “immigrate” (move here permanently) if a close family member or employer in the United States files a “petition” with the government to let the person come here. But many people who want to come to the United States to build a better future for themselves and their families do not have someone to petition for them. For most, there is no way to legally immigrate. (The United States only allows people who can prove they will invest $1.0 million in a business to immigrate without a petition).

Some people have to leave their homes because they are not safe and come to the United States to seek asylum. People have to be in the United States or at a port-of-entry at the border or airport to ask for asylum — there’s no other process to follow. Asylum seekers from Central America and other countries sometimes make their way to the border on foot. More than 90,000 adults with children were apprehended by U.S. officials near the southern border in 2018.

Here is a good resource for learning more: Enrique’s Journey, a book by Sonia Nazario.”

Question: Why did Gabi’s mom have to lie to her [about their undocumented status]?

Michele Garnett McKenzie, Deputy Director: “Gabi’s mom was afraid that she would be deported if anyone found out she was in the United States without permission, which we sometimes call being “undocumented.”

People who don’t have permission from the U.S. government to be in the United States can be sent back to their home countries. This is called “deportation.”
Citizens cannot be deported from the United States. Today, everyone who is born in the United States is a U.S. citizen. People born outside the United States can become U.S. citizens through a legal process called “naturalization” where they take an oath of citizenship. U.S. citizens have permission to be here and cannot be deported.

But not everyone in the United States is a citizen. (The law calls anyone who is not a U.S. citizen an “alien”). Many people in the United States have permission to be in the country but are not citizens — they are permanent residents (we sometimes say they have a “green card”), visitors, students, or many other categories. People have to follow special rules and if they break the rules they can be deported. (For example, a person coming to visit the United States is not allowed to work here. If they work, they break the rules and can be deported).

Some people come into the United States without any permission or they stay in the United States after they were supposed to leave. They can be deported if the government finds out they are here without permission.

Here is a good resource for learning more: Documented, a film by Jose Antonio Vargas.”

Question: Do stories like this really happen?

Michele Garnett McKenzie, Deputy Director: “These stories really happen, and they may be happening to you or kids you know. This can be scary.

The government estimates there are about 11 million people in the United States who do not have permission to be here. About 6 million people under age 18 live with at least 1 undocumented family member.”

Question: Do ICE agents really take people away?

Michele Garnett McKenzie, Deputy Director: “ICE agents arrest, detain, and deport people from the United States every day.

Since 2008, more than 2 million people have been arrested by ICE and more than 1.2 million people have been ordered deported by immigration judges. ICE reports that 226,119 people were removed from the United States in 2017.

Here is a good resource to learn your rights and make a plan: IMMI: free and simple information for immigrants.”

If you would like to stay up to date with the questions and answers, Off-Book will continue to post updates here.

Or, if you would like to join the conversation and attend I Come From Arizona, resources and tickets can be found here.

By Alyxandra Sego, an intern with The Advocates for Human Rights.

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Representing Women Seeking Asylum in the US: Gender-Based Persecution

In reSVAW logo copypresenting several women seeking asylum in the US based on gender-based persecution, I have learned a lot and had some of my most memorable experiences as a lawyer.

  • “Nancy” is a woman from Guinea who was subjected to female genital mutilation at thirteen, and again at fourteen, and then the victim of persistent violence and rape by her husband that family, friends, her doctor, and the police were unable or unwilling to stop. She twice fled the country, but her husband found her and forced her to return home, which only led to escalating violence and prolonged imprisonment.  Her family counseled her to “accept” this treatment, and the police refused to intervene because her husband was a high ranking member of the military police.  She escaped to the US, was granted asylum, and is working to reunite with her children.
  • “Donna” is a woman from Cameroon who was the victim of levirate marriage. She was viewed as property of the family, since a dowry had been paid, so after her husband died she was required to marry one of her brothers-in-law.  When she refused, she was sexually assaulted, told she would “get used to it,” and her family and business were threatened.  She escaped to the US, was granted asylum, and has reunited with her children.
  • “Janet” is a woman from Kenya who was the victim of female genital mutilation. She was seeking protection for herself, and also to prevent having to take her daughter back to Kenya where her family would require that her daughter also undergo female genital mutilation.  She was granted withholding of removal, so that she and her daughter are safe in the US.
  • “Francis” is a woman from The Gambia who was the victim of female genital mutilation, and who sought to avoid a forced marriage to a much older man. She had secretly acted as an activist working to educate people about the risks of female genital mutilation, and her mother, at great risk to herself, persuaded her father to let Francis pursue her education.  In order to prevent the forced marriage, and to continue her education, she came to the US, sought and was granted asylum.

The primary reason these awful things happened to my clients is because they are women.  Female genital mutilation, forced marriage, levirate marriage, and ongoing domestic violence continues to happen because in some places women and girls are not viewed as fully human, endowed with the same rights as men. We should be proud that our legal system rejected that view, and instead found affirming their basic human rights worthy of protection.

A recent decision from the Attorney General has proposed to make it more difficult for women fleeing gender-based violence to get protection in the US. In Matter of A-B, 27 I&N Dec. 316 (A.G. 2018), the Attorney General invoked a rarely used power to certify to himself a case for decision so that he could change the law in this area.  In the case, the primary issue that had been litigated was whether the applicant was credible, and the Department of Homeland Security even had agreed that private violence like domestic violence that a government cannot or will not control can be a proper basis for asylum.  The Attorney General, however, reached out to decide a broader issue, which was whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes of an application for asylum or withholding of removal.  Though the holding of the decision narrowly overruled a previously-decided case from the Board of Immigration Appeals the Attorney General, largely through dicta, articulated and encouraged a very restrictive view of asylum law.  The decision posits that violence inflicted by private actors, rather than governments, is generally not the type of persecution that our asylum laws were intended to address.

There are many flaws, procedural and substantive, with the decision.  The odd procedure of the case suggests that the Attorney General was searching for a vehicle to render broad policy pronouncements to restrict asylum law.  The decision states that it is not minimizing the “vile abuse” that the woman in the case suffered in the form of domestic violence by her ex-husband.  Unfortunately, the way it elevates form over substance and erects barriers for women who have been so victimized suggests otherwise.  Most fundamentally, it applies a feeble, restrictive view of asylum law, somehow drawing perceived comfort from the rather hollow observation that “the asylum statute does not provide redress for all misfortune.”

I believe that gender-based persecution is indeed the type of harm that our asylum laws should work to address.  It is well-established in international law that states have an obligation to exercise due diligence to prevent, investigate, and punish actions by private actors. The U.N. Declaration on the Elimination of Violence against Women (DEVAW) states that governments are urged to “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by privates persons” (Art. 4(c)). General Recommendation No. 19 by the U.N. Committee on the Elimination of Discrimination against Women (CEDAW) also provides that states may be “responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence.” In my experience, allowing the asylum laws to protect people deprived of their basic human rights by private actors because of their gender is a powerful way for this country to stand up for the dignity of all people.  When we see this harm not as mere private acts of violence but as systematic persecution, we affirm the importance of human rights for all people.  The Attorney General’s decision, which seeks to set aside years of development of the law in order to make it more difficult for women to obtain protection, is misguided.  It will make it more difficult for women like the ones that I’ve represented to be safe and free.

The decision will make it harder, but certainly not impossible, to win these cases.  There are still helpful cases from Circuit Courts of Appeals across the country that support gender-based claims from private actor persecution.  Advocates may need to present more arguments and evidence that demonstrate governments’ failure to prevent the harms inflicted by private actors.  Use of expert witnesses to present this evidence may also be needed in more cases.  While the Attorney General’s decision is a significant setback, there are still many claims based on private actor persecution that should prevail.

In 1788, George Washington wrote “I had always hoped that this land might become a safe and agreeable Asylum to the virtuous and persecuted part of mankind, to whatever nation they might belong.”  We know, however, that the history of the US regarding the protection of refugees has been uneven, vacillating between openness and prioritizing human rights to times where we have turned our backs to the persecuted and failed to live up to our country’s ideals.  At times like this when we fall back, lawyers can make a difference by standing up for victims of human rights abuses.  By helping asylum seekers overcome the new hurdles placed by the Attorney General, and hopefully restoring the law to embody greater respect for freedom and human rights, we can enlist ourselves on the right side of history.  I am so glad that Nancy, Donna, Janet, Francis and others like them are safe.  But today asylum seekers, particularly women who have been victims of private actor violence, are going to need help more than ever.

Dean Eyler is Principal and Intellectual Property Litigation Chair at Gray Plant Mooty and a volunteer attorney with The Advocates for Human Rights.

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Dignity for All: World Day Against the Death Penalty highlights detention conditions on death row

“The best way to ensure someone does not leave prison is to make him into the person he was prosecuted as.” – Damon Thibodeaux, exoneree who spent 15 years on Louisiana’s death row

Imagine living in a 8 by 10 foot room with a steel or concrete slab for a bed.  The door is solid steel and the food tray slot at the bottom offers the only source of contact with the rest of the world. These are the kinds of conditions that many death row inmates in the United States endure for 23 hours a day. The Advocates highlighting the brutal living conditions for people on death row at a Continuing Legal Education event on October 10, the 16th annual World Day Against the Death Penalty. The event was hosted at the law firm of Fredrikson & Byron. During this talk, speakers contrasted current conditions in U.S. prisons with the minimum standards set by the Nelson Mandela Rules. Their presentations highlighted the physical and psychological consequences of those conditions on people sentenced to death in the United States.

The Nelson Mandela Rules, formerly known as the UN Standard Minimum Rules for the Treatment of Prisoners, outline prison standards with relation to disciplinary measures, legal representation, and medical treatment. Amy Bergquist, staff attorney at The Advocates and Vice- President of The World Coalition Against the Death Penalty, explained these rules and gave examples describing how they are seldom followed here in the United States and in other countries. For example, Rules 24-29 state that inmates have the right to access the same quality of healthcare that is available in the general community outside the prison. In many countries, including the U.S., healthcare for detained people is, however, grossly neglected in order to keep costs low. According to the Federal Bureau of Prisons’ chief psychiatrist, close to 40% of inmates have mental illness while only 3% of them are being treated regularly. These services are typically provided only to inmates who had been diagnosed and were receiving treatment prior to their arrest, while people who develop symptoms or are diagnosed in prison are often overlooked.

When combining the substandard health care system in prisons with solitary confinement, prisoners are set up to play a self-fulfilling prophecy. Damon Thibodeaux, an exoneree who survived 15 years on Louisiana’s death row, described this degrading treatment during the World Day event.  He stated, “It is meant to break you down morally, mentally, and physically. It is meant to tear you down so they can paint you as the inhuman animal.” He detailed the unbearable heat in his small, unairconditioned cell during Louisiana summers, when the only way to cool off was to strip down and lie on the floor. Thibodeaux also described the communicable diseases that spread through the prison because of overcrowding. He explained that these diseases would often go untreated because inmates had to pay to see a healthcare provider and often faced long delays before receiving treatment.

Also speaking at the event was Lisa Borden, Baker Donelson’s Pro Bono Shareholder and an attorney who represents indigent death row inmates. Borden also described the prison conditions she has witnessed in the Alabama state prison system. She is currently representing detained clients in a class action lawsuit against the Alabama Department of Corrections. The district court found the mental health care services provided to prisoners are “horrendously inadequate”. One of the key problems, as Borden explained, is the privatization of healthcare in the prison system. Since the private health care providers are allocated a set amount of funding per person, they have an incentive to keep their costs low by using fewer resources.

Borden also shared the extreme conditions that prisoners who are not in solitary confinement routinely face. “Most facilities house 150-200% of the number of people for which they are designed.” These overcrowded conditions are worsened by staffing shortages, with some prisons having less than 40% of the recommended prison staff.  In addition, prisons in Alabama are old, with dilapidated structures.  Borden shared an account where a prisoner died in his cell after his neighboring cellmate reported his unresponsiveness. Due to the prison’s malfunctioning electronic locking system, the officers were not able to reach him until 30 minutes after they were notified.

This event highlighted the human rights violations faced by people sentenced to death, as well as by other detained individuals, in the United States. To learn more about living conditions on death row around the world, see http://www.worldcoalition.org/worldday.html

By Elshaday Yilma, Lutheran Volunteer Corps member and The Advocates’ International Justice Program Assistant

United States General Assembly. (2016). United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Retrieved from https://www.unodc.org/documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf

United States Department of Justice. (2017). Review of the Federal Bureau of Prisons’ Use of Restrictive Housing for Inmates with Mental Illness. Retrieved from https://oig.justice.gov/reports/2017/e1705.pdf

University of Texas School of Law Human Rights Clinic. (2017). Designed to Break You: Human Rights Violations on Texas’ Death Row. Retrieved from https://law.utexas.edu/wp-content/uploads/sites/11/2017/04/2017-HRC-DesignedToBreakYou-Report.pdf

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Remembering and Honoring Our Remarkable Friend and Advocate, Marlene Kayser

Marlene Kayser

 

 

“My travels with The Advocates began with a trip to Beijing, China, in 1995, for the United Nations’ Fourth World Conference on Women. Experiencing the hope, beauty, determination, and power of the women there inspired me. I came home committed to work even harder for women’s rights.” – Marlene Kayser

 

 

 

 

We have lost an amazing Advocates’ family member, Marlene Kayser. Marlene served on the board, co-chaired our Women’s Program advisory committee, and volunteered for more than 20 years. Volunteers are the lifeblood of the organization and no one exemplified this value more than Marlene. Starting with our delegation to the United Nations Fourth World Conference on Women in Beijing, China, Marlene set the gold standard for volunteers. That event was an extraordinary gathering of women from every corner of the world. One of our goals was to learn as much as we could about the global women’s human rights movement. Marlene was a master connector and networker. She helped us establish and foster relationships that are still an important part of our work today.

Marlene was a tireless advocate. She rolled up her sleeves and got the work done at the same time inspiring the rest of us to keep going. Marlene worked in countries transitioning to democracy after the fall of communism in Central and Eastern Europe. She worked with us in Bulgaria to document sexual harassment and workplace discrimination. On another trip we documented domestic violence and the government’s response in Macedonia. The resulting reports from this research were used in advocacy to pass important new laws and policies protecting women in both of these countries.

Marlene was masterful in sharing her own experience with advocacy, organizing and fundraising. She also shared creative ideas with the rest of us that improved all our training skills. She was part of laying the groundwork for the amazing network of activists in the region today.

For more than 20 years, Marlene has helped steer our fundraising efforts at The Advocates. No job was too big or too small. She modeled the successful house party organizing that we now use with all of our programs.

Marlene took on making the silent auction at our annual awards dinner world class. She had the unique gift of knowing exactly what will appeal to people of all ages. It came to be known that “Marlene is always right.” Her baskets and item selections always got the most or highest bids.

It is not enough to work hard, but as Marlene taught us, we have a lot to learn from those who have more experience and we need to respect that expertise.

We will miss Marlene dearly.

Protecting Victims: The Only Way to End Human Trafficking

FeaturedProtecting Victims: The Only Way to End Human Trafficking

This past August 8th, several black SUVs sped into Christensen Farms in Sleepy Eye, Minnesota, blocking the entrances. As the car doors opened, dozens of Immigration and Customs Enforcement (ICE) agents emerged and surrounded the offices. It was the culmination of a 15-month long investigation and they’d come to arrest people suspected of a criminal conspiracy to hire and exploit undocumented immigrants.

That day, similar scenes played out at other farms and businesses across Nebraska, Minnesota, and Nevada. In total, 17 business owners were arrested. According to the ICE press release, the alleged ring of conspirators knowingly hired immigrants who did not have documentation and then exploited those individuals through coercive measures. More specifically, the owners allegedly forced these workers to cash their paychecks for a fee at illegal businesses, deducted taxes from their paychecks without actually paying those taxes to the government, and coerced the workers into staying silent through use of force and threats of arrest and deportation.

The ICE press release never mentions it, but federal law has a name for this crime: human trafficking.

On its face, it seems like this operation should have given The Advocates and other organizations working to end human trafficking a cause to celebrate. Unfortunately, it didn’t. That’s because these 17 arrests were accompanied by another 133; in addition to arresting the perpetrators of the crime, ICE also arrested the victims.

In other words, even though the people in question had suffered this abuse, and even though there are federal laws in place specifically designed to protect victims of human trafficking, ICE continued to pursue the Trump administration’s tenacious mission to deport all “illegal aliens.” Instead of help and compassion, these victims were met with detention and the looming threat of deportation, and were painted as identity thieves.

From a humanitarian perspective, this type of treatment is certainly shocking and clearly the wrong move. The fact that these are victims of human trafficking, however, makes this heartless response not only cruel but also counterproductive.

While they were still working on the farms, these individuals were kept from leaving or reporting the exploitative situation by the owners’ threats: do anything to stop us and you’ll be arrested and deported. When they arrested these victims and charged them with deportability, ICE followed through on the perpetrators’ threats.

As highlighted in The Advocates’ soon-to-be-released protocol on effective responses to labor trafficking, this type of response sends a message to other trafficking victims that the law is not there to protect them, but rather stands on the side of the traffickers. Ultimately, instead of feeling empowered to speak out, other victims will be even more likely to keep silent and continue to live, work, and suffer in fear. This end result is precisely why the federal protections for trafficking victims were created and why following them is essential to ending this modern form of slavery.

Put another way, rather than helping to end human trafficking in the United States, ICE’s actions ensure that it will continue. One thing is clear: if our country wants to deal effectively with this severe human rights violation, ICE needs to drastically change its approach.

By Rachel Adler, Research, Education, and Advocacy Intern at The Advocates for Human Rights

Sources:

Beck, Margery A. “Immigration Raids in Nebraska, Minnesota Target Businesses.” Star Tribune. August 9, 2018. http://www.startribune.com/immigration-raids-in-nebraska-minnesota-target-businesses/490389421/

Boldan, Kelly. “ICE Raids Target Businesses in Minnesota, Nebraska, Appleton Facility is among Christensen Farm Locations Raided.” West Central Tribune. August 8, 2018. http://wctrib.com/business/agriculture/4483330-ice-raids-target-businesses-minnesota-nebraska-appleton-facility-among

Planos, Josh. “ICE Executes Federal Search Warrants in Nebraska, Minnesota, Nevada.” KETV. August 9, 2018. https://www.ketv.com/article/immigration-raid-underway-in-oneill/22676364

Smith, Mary Lynn and Stephen Montemayor. “Big Minnesota Pork Producer ‘Surprised’ by Immigration Raids.” Star Tribune. August 10, 2018. http://www.startribune.com/more-than-130-arrested-in-immigration-raids-in-minnesota-nebraska/490470901/

United States, Department of Homeland Security, U.S. Immigration and Customs Enforcement. “ICE Executes Federal Search Warrants in Nebraska, Minnesota and Nevada.” August 8, 2018. https://www.ice.gov/news/releases/ice-executes-federal-search-warrants-nebraska-minnesota-and-nevada