Human Rights Violators
We are very aware of states that violate human rights, China's actions in Tibet, North Korea's repression, and various other countries that don't respect the basic rights of
their people.
But what about the US?
The United States of America was founded on the principal
that all people are created equally with certain unalienable
rights.
We view ourselves as a beacon to the world.
Organization of American StatesInter-American Commission on Human Rights
Article V. Right to private and family life
Article VI. Right to a family and to protection thereof
Article VII. Right to protection for mothers and children
Article XVII Right to Fair Trial
Article XXVI Right to due process of law
Summary: The deportation and detention process of the US Government tramples the rights concerning children and rights concerning legal process. A country that prides itself on rule of law can't behave this way.
Reference: Wayne Smith and Hugo Armendariz v. The United States of America (Case No. 12.561 and 12.562)
Why should we care?
Violating human rights puts the US at the same level as notorious violators.
These violations lead to not only social problems but are a growing financial burden on the US taxpayer.
Rights Concerning Children One or both parent's detention or deportation
irrevocably harms children:
Psychological: Abandonment, anger issues, anxiety, withdrawal
Financial: Housing problems, food insecurity
Parent's deportation a burden on US taxpayer:
Children typically US citizens or lawful residents
Become wards of state and placed in care
With loss of breadwinner children that stay with one parent often turn to welfare for survival
Long term impact on children's psyche, Post Traumatic Stress Disorder
Reunification often impossible
First six months of 2011, 46,486 undocumented parents removed with at least one US citizen child
From 1998 to 2007 100,000 such parents removed
17 children per day placed in state care as a result of detention/removal of parent
Rights Concerning Legal Process
Many international human rights laws ignored by US concerning immigrants:
Custody Assessment
Detention Review
Options for Release by an immigration judge
Many Due Process violations: No access to counsel No ability to challenge detention No access to healthcare Arbitrary detention/deportation Transfers to federal districts that are unsympathetic to
immigrants
Legal Process Statistics
84% of immigrants in detention and 58% of immigrants in deportation proceedings have no legal representation.
Since 2003 107 immigrants have died in detention.
Numerous lawsuits challenging use of shackling, attack dogs, solitary confinement, and lethal force
Legal Process: Transferring immigrants
First 6 months of 2008 53% of detainees were transferred once, 25% transferred multiple times
Most transferred to Louisiana, Texas and Mississippi – a federal court region hostile to immigrants.
Private Government contractors handle much of this workload (examples later in presentation).
Legal Process: Growth of Private Prisons
Private prisons are a $3 billion annual business in the US
½ of that related to detaining immigrants
Average cost to hold an immigrant in detention: $119/day
Where the Money Goes Corrections Corporation of America (CCA)
Largest private prison operator GEO Group
Second largest operator, with CCA control 75% of the market
Federal Prison Industries
$900 million/year revenue contracting out prison labor
Pay prisoners between 93 cents and $4 per day
Pocket the rest Private Prison Industry spends $45 million/year lobbying
Focus on lawmakers sponsoring tough immigration legislation (Arizona, Florida)
Outraged Yet? While human rights violations are deplorable,
money concentrated in a few private companies, doing a job that belongs to the government (the people) taking advantage of those with no voice (illegal immigrants) is criminal.
References
Pringle, Aubrey. “The Winners in Immigration Control: Private Prisons.” The Atlantic Mag., 28 Aug. 2013. Web. 17 Oct 2013.
Chiccol, Jessica E. and Kanstroom, Danile. “Brief of the Post-Deportation Human Rights Project, in support of the Request for Public Thematic Hearing Concering U.S Deportation Policy and the Rights of Migrants.” Inter-American Commission on Human Rights, 149 th Period of Sessions, 149th Period of Sessions, Boston, MA. Web. 18 Oct 2013.
Goodkind, Nicole. “Top 5 Secrets of the Private Prison Industry.” Yahoo Finance The Daily Ticker, 6 Aug. 2013. Web. 28 Oct. 2013.
Welch, William M. “Deportations Tear Some Families Apart.” USA Today, 5 Dec. 2011. Web. 28 Oct. 2013.
Yolshikawa, Hirokazu and Suarez-Orozco, Carola. “Deporting Parents Hurts Kids.” The New York Times, 20 Apr. 2012. Web. 28 Oct. 2013.
Muller, Robert T. “The Traumatic Effects of Forced Deportation on Families.” Psychology Today, 18 May 2013. Web. 22 Oct. 2013
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