Serious Concerns About Lack of Access to Counsel for Asylum Seekers

Child from HondurasU.S. Senator Al Franken has called on Secretary of Homeland Security Jeh Johnson to ensure access to counsel for asylum seekers held in family detention centers. Joined by 18 Senate colleagues, Sen. Franken raises serious concerns regarding reports that U.S. Immigration Customs and Enforcement (ICE) is interfering with the ability of asylum-seeking mothers and children to access legal representation. Recently, individual volunteer attorneys, who had travelled to the privately-owned prison in Dilley, Texas where approximately 2000 Central American refugee women and children are detained,were barred from entering to provide  pro bono representation.

Access to counsel can be the difference between life and death for asylum seekers in the United States. Asylum seekers who have lawyers are more than three times as likely to be granted asylum as those who do not.  Having an attorney is “the single most important factor” affecting the outcome of the case. Yet individuals in immigration detention face the biggest challenge in obtaining legal representation.  The American Bar Association estimates that a whopping 84% of immigration detainees nationwide were unrepresented in their removal proceedings.

At the international level, The Advocates for Human Rights drew attention to the appalling lack of access to counsel for asylum seekers during the UN reviews for U.S. compliance with its obligations under the International Covenant on Civil and Political Rights, the Human Rights Council’s Universal Periodic Review, and the Convention Against Torture.  Most recently, The Advocates raised the continuing failure of the U.S. to recognize asylum seekers from Central America’s northern triangle in its statement to the UN Human Rights Council during a September 28 interactive dialogue on the impact of the world drug problem on the enjoyment of human rights:

As an NGO that provides free legal services to asylum seekers in the United States, we would particularly like to draw attention to an issue that we see on a daily basis: the impact that violent transnational criminal gangs in Central America, fueled by profits from the trade in illegal drugs, have on the lives Central Americans, forcing thousands of women and children to flee and seek safety in the U.S.

Transnational gangs extort, threaten, and forcibly recruit people living in strategic drug trafficking corridors. States in the region are ill-equipped to deal with crimes by these gangs, leaving victims unprotected from serious harm, including torture, disappearance, sexual violence, and murder. And the violence continues to grow, as gangs seek to solidify their control over valuable drug trafficking routes.

For example, gang members threatened to kill one of our clients, who I’ll call “Teresa”, after her family could no longer afford to pay protection money for the family business. Armed gang members abducted her, threw her into a truck, and took her to the leader’s house, where he beat and raped her. Left with no choice but to flee, she sought asylum in the U.S.

Yet the U.S. violates the fundamental rights of asylum seekers like Teresa by failing to recognize victims of transnational criminal gangs as refugees, even when such gangs operate as quasi-state actors that routinely torture, rape, and kill those who resist support or recruitment.

Asylum seekers face other violations, including arbitrary detention and prosecution for illegal entry. Mothers and their children are detained in difficult conditions pending preliminary credible fear determinations in two privately-owned prisons where attorneys have been denied access to clients and even summarily barred from the facilities.

The Advocates for Human Rights calls upon:

  • the Human Rights Council to include this issue in the discussion about the impact of the world drug problem on human rights;

  • the United Nations member States to ensure that their national drug policies consider the impact on the human rights of affected individuals and their countries; and

  • the U.S. to end family immigration detention and expedited removal procedures and to treat all asylum seekers in accordance with international standards.

See The Advocates’ volunteer Dr. Bill Lohman deliver the oral statement to the Human Rights Council:

In July, The Advocates launched a bilingual National Asylum Help Line to connect families released from U.S. immigration detention centers like the one in Dilley with free legal services. Migrants are encouraged to call the Help Line at 612-746-4674 to receive basic legal screening, information about the legal process, and referrals to agencies in areas in which they live.

By Michele Garnett MacKenzie, The Advocates for Human Rights’ Director of Advocacy, and Deputy Director Jennifer Prestholdt

Don’t Put Mothers and Their Children in Prison

Today’sDon't put kids in prison Twitter feed is abuzz with the news that the White House intends to announce administrative action for some of the nation’s estimated 11 million undocumented Americans. While the contours of the relief remain unclear, President Obama’s action undoubtedly moves the immigration reform debate to a new place and promises to make real – at least in a limited way for the very near future – the right to family unity guaranteed by the International Covenant on Civil and Political Rights at articles 17 and 23.

But as the administration moves to keep families together with one hand, the other hand is doubling down on the detention of families fleeing to the United States in search of asylum.

The United States is required to uphold the rights of refugees and asylum seekers, but earlier this year the Obama administration began using immigration detention to deter asylum seekers in a misguided and draconian approach to people fleeing persecution. Although President Obama has framed the arrival of asylum seekers from Honduras, El Salvador, and Guatemala as a humanitarian crisis, the approach taken by the administration has been anything but humanitarian.

But just days before the planned announcement of administrative relief for undocumented Americans, the administration reiterated its commitment to the imprisonment of families seeking asylum by confirming it plans to open the massive Dilley, Texas family detention center before the end of the year.

“The Administration is playing more games with the lives of women and children fleeing violence. This time it’s a shell game moving people from one jail to another without regard for their well-being or human rights,” said Crystal Williams of the American Immigration Lawyers Association.

There’s a dire need for the president to take administrative action on immigration. The first step should be ending the detention of families in the United States.

In a call for action, The Advocates for Human Rights, along with a host of other organizations, signed the following letter to President Obama, urging him to address the detention and expedited deportation of children and their mothers fleeing violence in El Salvador, Honduras, and Guatemala.

November 18, 2014

President Barack Obama
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC 20500

Dear Mr. President,

We, the undersigned civil rights and civil liberties, human rights, faith, immigration, labor, criminal justice, legal, children’s rights, and domestic violence advocacy organizations, are gravely concerned about your administration’s massive expansion of detention for young children and their mothers who are fleeing extreme violence in El Salvador, Honduras and Guatemala. Though many of these children and their mothers qualify for asylum protection under U.S. law, they are being deported so rapidly as to deny them a fair opportunity to seek protection.

As you consider taking executive action to reform the immigration system, we urge you to address the fundamental problems with the detention and expedited deportation of these children and their mothers. Indeed, executive action can wait no longer. Delay has only meant more broken families, more workers stuck in the shadows, and more businesses that are stymied by the broken system. We urge you to act immediately to do what is within your legal authority to fix the immigration system and take bold and inclusive action to make our enforcement system more humane.

We applaud your goal of protecting immigrant families whose lives are interwoven into the fabric of American communities. For that same reason, we call upon you to stop detaining these vulnerable children and mothers who are fleeing violence in Central America and hoping to join with relatives already living in the United States. In 2009, abuse and mistreatment at a Texas facility compelled Immigration and Customs Enforcement to stop using the facility to detain families. Detention profoundly impacts the emotional and physical well-being of children. It inflicts unspeakable pain on mothers to watch their children suffer in detention. It forces them to give up hope. Most of the mothers currently in detention have relatives or sponsors in the United States willing to take them in and support them. They do not have to be–and should not be–in detention.

The evidence is undeniable that many of these children and their mothers, who have been raped, kidnapped, beaten or shot to near death, are refugees who qualify for protection under U.S. law. Extremely high percentages of these detained women and their children have been granted asylum by immigration judges or been found to have a credible fear of persecution by asylum officers. Domestic violence in these Central American countries has reached crisis proportions. A U.N. Special Rapporteur reported in July that violence against women in Honduras is “widespread and systematic” and that 95 percent of violent crimes against women go unpunished by the police or other law enforcement. In most cases however, the U.S. government continues to rush these children and families through an expedited process, and has deported many back into the hands of their abusers and the very danger from which they fled. They deserve better treatment by the United States.

We urge you to stop the dramatic expansion of family detention, including the building of an enormous new facility in Dilley, TX. Instead, we recommend you greatly expand the use of alternatives to detention, bonds and other methods that are far less costly for American taxpayers and are highly effective in ensuring court appearances. Moreover, the removal process must be made more fair and guarantee that families fleeing violence have meaningful access to asylum, including access to legal counsel.

We look forward to the reforms you will implement on immigration and ask that you properly address the needs of these families. Please contact Greg Chen, Director of Advocacy at American Immigration Lawyers Association, gchen@aila.org, 202/507-7615, with any questions or followup.

Sincerely,

National Organizations
African American Ministers In Action
Alliance for a Just Society
America’s Voice Education Fund
American Civil Liberties Union
American Immigration Council
American Immigration Lawyers Association
Asian Americans Advancing Justice
Asian Law Alliance
Asian Pacific Islander Institute on Domestic Violence
ASISTA Immigration Assistance
Casa de Esperanza: National Latin@ Network for Healthy Families and Communities
Center for Community Change
Central American Resource Center (CARECEN-DC)
Church of the Brethren, Office of Public Witness
Church World Service
Coalition on Human Needs
Detention Watch Network
Farmworker Justice
First Focus
Futures Without Violence
Guatemala Human Rights Commission/USA
HIAS
Hispanic Federation
Immigration Center for Women and Children
International Rescue Committee (IRC)
Jesuit Conference of the United States
Kids in Need of Defense (KIND)
LatinoJustice PRLDEF
Leadership Conference of Women Religious
The Leadership Conference on Civil and Human Rights
League of United Latin American Citizens (LULAC)
Lutheran Immigration and Refugee Service
MALDEF
National Alliance of Latin American and Caribbean Communities (NALACC)
National Asian Pacific American Bar Association (NAPABA)
National Council of LA Raza (NCLR)
National Immigrant Justice Center
National Immigration Law Center
National Immigration Project
National Latina Institute for Reproductive Health
National Network to End Domestic Violence
Pax Christi USA
Refugee and Immigration Ministries, Disciples Home Missions (Christian Church, Disciples of Christ)
Salvadoran American National Network (SANN)
Services, Immigrant Rights, and Education Network (SIREN)
Sisters of Mercy of the Americas
Sojourners
Southeast Asia Resource Action Center (SEARAC)
Tahirih Justice Center
United We Dream
Washington Office on Latin America
Women’s Refugee Commission
State and Local Organizations
Advocates for Human Rights (Minnesota)
Alianzas de Phoenixville (Pennsylvania)
Alliance San Diego (California)
American Gateways (Texas)
Americans for Immigrant Justice (Florida)
Annunciation House, Inc. (Texas)
Asian Americans Advancing Justice-Los Angeles (California)
Capital Area Immigrants’ Rights Coalition (Washington, D.C.)
CASA de Maryland
CASA de Virginia
Causa Oregon
Central American Resource Center-D.C. (Washington, D.C.)
Children’s Defense Fund-Minnesota
Church Council of Greater Seattle (Washington)
Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) (California)
Colorado Immigrant Rights Coalition
Comite de Derechos Humanos Forks (Washington)
Community Legal Services in East Palo Alto (California)
Community to Community Development (Washington)
Community to Community, Bellingham (Washington)
Conversations With Friends (Minnesota)
Diocesan Migrant & Refugee Services, Inc. (Texas)
Employee Rights Center-San Diego (California)
Equality New Mexico
The Family Partnership (Minnesota)
Farmworker Association of Florida, Inc
Florence Immigrant & Refugee Rights Project (Arizona)
Florida Immigrant Coalition
Friends of Broward Detainees (Florida)
Good Shepherd United Church of Christ (Arizona)
Grassroots Leadership (Texas)
Greater Hartford Legal Aid (Connecticut)
Green Valley / Sahuaritas Samaritans (Arizona)
Hebrew Immigrant Aid Society-Pennsylvania
Hispanic American Law Student Association, Florida Coastal School of Law
Human Rights Initiative of North Texas
Human Rights Law Society, Florida Coastal School of Law
Illinois Coalition for Immigrant and Refugee Rights
Immigrant and Human Rights Clinic, Florida Coastal School of Law
Immigrant Defense Project (New York)
Immigrant Law Center of Minnesota
Interfaith Center for Worker Justice-San Diego (California)
Interfaith Committee for Worker Justice-San Diego (California)
La Raza Centro Legal (California)
Las Americas Immigrant Advocacy Center (Texas)
Las Cruces Friends, Quakers, Peace and Social Concerns Committee (New Mexico)
Latino Advocacy (Washington)
League of Women Voters of Greater Las Cruces (New Mexico)
Los Angeles Center for Law and Justice (California)
Make The Road New York
Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA)
Migrant Power Movement (Pennsylvania)
The Minneapolis Foundation (Minnesota)
Nationalities Service Center (Pennsylvania)
New Mexico Faith Coalition for Immigrant Justice
New York Immigration Coalition
North Carolina Justice Center
Northwest Immigrant Rights Project
OneAmerica (Washington)
Palm Beach County Coalition for Immigrant Rights (PBCCIR) (Florida)
Pennsylvania Immigration Resource Center (PIRC)
Philadelphia chapter of Japanese American Citizens League (Pennsylvania)
Pittsburgh Labor Council for Latin American Advancement (LCLAA) (Pennsylvania)
Political Asylum Immigration Representation Project (Massachusetts)
Promise Arizona
Public Counsel (California)
Reformed Church of Highland Park (New Jersey)
Refugee and Immigrant Center for Education and Legal Services (RAICES) (Texas)
Refugio del Rio Grande (Texas)
Sanctuary for Families (New York)
The Second Step (Massachusetts)
Sisters of Mercy (Nebraska)
Sisters of Mercy, Mid-Atlantic Community Leadership Team
Southern Poverty Law Center
Tennessee Immigrant and Refugee Rights Coalition
Texas Appleseed
UC Davis Immigration Law Clinic (California)
UC Hastings Center for Gender and Refugee Studies (CGRS)-San Francisco (California)
Unitarian Universalist Pennsylvania Legislative Advocacy Network (UUPLAN)
Voces de la Frontera (Wisconsin)
Waco Immigration Alliance (Texas)
Washington State Coalition Against Domestic Violence
Women’s Foundation of Minnesota
Young Center for Immigrant Children’s Rights at the University of Chicago (Illinois)

By: Michele Garnett McKenzie, The Advocates for Human Rights’ director of advocacy.