Supreme Court orders reargument in indefinite detention case

Child or woman's hand in jailLast week, the Supreme Court ordered reargument in Jennings v. Rodriguez.  The case challenges whether detention for indefinite periods of time without review defies the constitution.  

This year, there could be up to 500,000 people detained in federal Immigration and Customs Enforcement (ICE) detention centers, jails, and private prisonsWhile some are detained a few weeks, others may be held for months or even years while they challenge their removal before the immigration courts and on appeal.   

 

The initial challenge to indefinite detention, Rodriguez, et al. v. Robbins, et al., was filed in 2007 at the federal district courtAlejandro Rodriguez, who had been detained for 3 years awaiting his deportation without a bond hearing, challenged the government’s authority to detain him indefinitely. The Ninth Circuit upheld the lower court’s order requiring the detainees to receive bond hearings after six months of detention and every six months following to address their detainment while pending their deportation proceedings.  

Throughout the Ninth Circuit, Rodriguez hearings have been provided regularly, resulting in the release of people from detention while they pursue their claims to remain in the United States. Following the Court’s order, people detained outside the Ninth Circuit will continue to face indefinite detention until the Court rules next year.

The Advocates for Human Rights recognizes the fundamental human rights of the rights of asylum, due process, fair deportation procedures, freedom from arbitrary detention, family unity, as well as other rights as an approach to immigration.

By Michele Garnett McKenzie, Deputy Director of The Advocates for Human Rights

It’s a human right: Each of us has the right to fundamental safety & security.

Latino mother and chlid RGB

The Advocates for Human Rights mourns the U.S. Supreme Court’s decision in the case of United States v. Texas, which has blocked President Obama’s executive actions on immigration for nearly two years and put the lives of an estimated 5 million people and their families on hold.

International human rights standards recognize that the United States, like all nations, has the right to control its borders.

But that right is not without limits. The United States also has the obligation to ensure that every person within our borders enjoys the fundamental rights that lead to a life with dignity.

For the millions of undocumented Americans, those most basic rights are denied every day because they lack immigration status. Families are separated. Support for basic needs is denied. Fear of arrest and deportation is exploited.

The fight for administrative relief has been a painful one. Millions of families have deferred their hopes of living a stable and predictable existence, if only for a brief time, while the case wound its way through the courts. Families have been irreparably torn apart by deportations, leaving hundreds of thousands of U.S. citizen children behind.

Meanwhile, tens of thousands of Central American refugees have been put at risk by an administration determined to deter them from seeking safety by detaining them upon arrival and prioritizing them for deportation. These wounds can heal, but they will never be erased.

At the same time, this struggle has been a turning point for the movement, which has floundered since 1996 to read the political tea leaves and calibrate the compromises needed to pass “reform” bills that would reinforce, rather than reverse, the fundamental injustices embedded in the current system. Increasingly advocates, activists, and those affected by decades of injustice have united behind a powerful new vision.

One America’s Rich Stolz recently wrote in the Huffington Post that the President Obama’s program would allow undocumented Americans to “gain the dignity of knowing that they have place in America.

National Immigration Law Center’s Marielena Hincapié, whose team has been leading the fight in U.S. v. Texas, tweeted recently, “We believe in a world in which all people can live with dignity.”

That vision is one of human rights. It takes as its starting point a recognition that each of us has the right to fundamental safety and security of the person – including a roof over our heads, food to eat, and health care when we need it. It also means freedom from arbitrary detention, a fair day in court, and the protection of the unity of the family. It recognizes these rights for every person without discrimination and it demands that failure to protect these rights be addressed.

Today, while we mourn the U.S. Supreme Court’s decision, we do so knowing that our vision is clear – that everyone, regardless of where they were born, has the right to enjoy the fundamental building blocks needed to live with dignity.

By Michele Garnett McKenzie, The Advocates for Human Rights’ Director of Advocacy and an experienced immigration attorney.

Leading by Example? The International Impact of Marriage Equality Ruling

LGBT_world*This post, written by Amy Bergquist, a staff attorney with The Advocates for Human Rights, is part of American Constitution Society’s blog’s symposium on the consolidated marriage equality cases before the Supreme Court.

A decision by the U.S. Supreme Court recognizing a right to marriage equality would make headlines around the world, but the implications for the rights of people who are gay, lesbian, bisexual, transgender or intersex (LGBTI) in other countries may be complex.

The Advocates for Human Rights collaborates with partner organizations advocating for LGBTI rights in African countries like Cameroon and Tanzania, where the governments not only criminalize consensual sexual conduct between people of the same sex, but also condone or even participate in discrimination and violence targeting LGBTI people.  We know from our partners that government officials, religious leaders, celebrities and the media fuel anti-LGBTI animus by arguing that, in African culture, “homosexuality . . . is considered universally as a manifestation of moral decadence that should be fought.”

Many countries have laws on the books prohibiting sexual conduct between people of the same sex, but Cameroonian authorities aggressively enforce their country’s law; courts convict people simply for acting or dressing in a gender-non-conforming manner.  Vigilante groups in Cameroon organize patrols to round up suspected violators and hand them over to the police.  Violence and discrimination targeting LGBTI people are widespread.

The complexity of advocacy for LGBTI rights in the international context arises out of the false characterization, in some parts of the world, of LGBTI rights as a “western invention.”  In collaboration with our partners in Cameroon, we submitted a report to Africa’s leading human rights body, the African Commission on Human and Peoples’ Rights, debunking this myth.  In Cameroon, as in many other African countries, criminalization of consensual same-sex sexual conduct is a legacy of the colonial era.  In our report, we quote Dr. Sylvia Tamale, law professor and former dean of the law faculty of Makere University in Kampala, who explains: “There is a long history of diverse African peoples engaging in same-sex relations. . . . Ironically, it is the dominant Judeo-Christian and Arabic religions that most African anti-homosexuality proponents rely on, that are foreign imports.”  Indeed, as I’ve argued at The Advocates Post, anti-gay extremists from the United States and Europe attempt to export their animus to Africa and the former Soviet Union.

A decision on marriage equality by the highest court in the United States could spur countries to adopt sweeping reactionary legislation similar to two laws adopted last year: Nigeria’s “Same Sex Marriage (Prohibition) Act,” which not only imposes criminal penalties of up to 14 years imprisonment for entering into a same-sex marriage, but also criminalizes participation in “gay clubs, societies and organisations” and public displays of affection by same-sex couples; and Uganda’s Anti-Homosexuality Act, which increased that country’s criminal penalties for crimes such as “aggravated homosexuality,” imposed a penalty of life imprisonment for any person “purport[ing] to contract a marriage with another person of the same sex,” and imposed a punishment of up to seven years imprisonment for any person or institution conducting a same-sex marriage.  (Uganda’s law was later struck down on a procedural technicality.)  Our partners in Tanzania are already reporting that their parliament is considering a law similar to Uganda’s.

When the U.S. Supreme Court rules on marriage equality, some foreign courts will, without a doubt, cite the opinion ― or the dissent ― as they address challenges to laws prohibiting marriage equality.  (Courts in countries with common-law traditions, including Fiji, Hong Kong and India, have cited Lawrence v. Texas in assessing domestic laws prohibiting same-sex sexual conduct.)

In the international context, however, marriage equality is not the end of the road but just one component of a complex set of efforts to ensure equal rights for LGBTI persons throughout the world.  In 2006, for example, South Africa became the fifth country in the world to recognize a right to marriage equality.  Yet nine years on, anti-LGBTI violence in South Africa is still common.  Photojournalist Clare Carter recently documented the practice of “corrective rape” ― oftentimes with the collusion of the victim’s family ― intended to “cure” lesbians and transgender men.  The South African government has only recently stepped up efforts to respond to widespread violence targeting LGBTI people.  To achieve lasting change, advocates for LGBTI rights around the world need to develop strategies that take into account the local context.  The Advocates recently published a toolkit of resources to help.

The African Commission, in an official concluding statement about Cameroon’s human rights record, recently urged Cameroonian authorities to “[t]ake appropriate measures to ensure the safety and physical integrity of all persons irrespective of their sexual orientation and maintain an atmosphere of tolerance towards sexual minorities in the country.”  For our partners, these words offer more promise for advancing LGBTI rights in Africa than any ruling of the U.S. Supreme Court ever could.