Author: mopress

  • Archive: Asylum Seekers Get Varied Treatment Except When it Comes to Jail

    Excerpt from “Report on Asylum Seekers in Expedited Removal” by US Commission on International Religious freedom (Feb. 8, 2007).

    Consequently, the outcome of an asylum claim appears to depend not only on the strength of the claim, but also on which officials consider the claim, and whether or not the alien has an attorney. Similarly, while DHS has developed criteria relating to the release of detained asylum seekers, the implementation of these criteria also varies widely from place to place.

    There are a few areas, however, where the Study identified problems other than inconsistent practices. For example, with regard to detention, the Study found that asylum seekers are consistently detained in jails or jail-like facilities, which the experts found inappropriate for non-criminal asylum seekers. There were, however, a small number of exceptions to this rule, the most prominent being a contract facility in Broward Country, Florida, which represents a secure, but appropriate and non-correctional, environment for non-criminal asylum seekers.

  • Gearing up for Hutto Vigil IV: Jay Calls from the Valley

    “People are really gearing up for the vigil Monday evening,” says Jay Johnson-Castro by telephone. He has just finished a 2,000 mile border caravan from San Diego to Brownsville. And he says Rio Grande Valley media will be following his travel north to the T. Don Hutto jail for Vigil IV at 5:30 pm, Feb. 12.

    “Valley media have given wide coverage to the border caravan in English and Spanish, on the television, radio, and print,” says Johnson-Castro. “It is front page news at the Brownsville Herald.”
    Media have also been busy with the story of Hutto prison since yesterday’s press tour of the facility hosted by Immigration and Customs Enforcement (ICE).

    “Now that we have the media in there, we still have hundreds of innocent children and moms in prison cells. Until they are free we are going to keep putting up pressure,” promises Castro as the sound of heavy rain comes through the phone with his voice.

    “And we want to get everybody to say which side they are on. Are they in favor of imprisoning children for purposes of national security or does this shock you and offend you? What kind of America do you want our future to be?” he asks.

    “I feel in my heart that the power of the American people will put an end to this demented policy.”

    When he hears how the Suleiman family have lost their first home to a policy of deportation, he pledges to get their home back, and get them back in it where they belong with their 4-year-old American twin daughters.

    “We have gone up against the most powerful force in human history and we have won,” says Johnson-Castro regarding the release of the Ibrahim family father Friday, the Suleiman mother and son Wednesday, and the Ibrahim mother and children last Saturday.

    “We have to get what is right. And the Department of Homeland Security is going to have to back down. What they are doing with their power is criminal.”–gm

  • The Words of Mohammad, an 11-year-old Hutto Prisoner

    By Greg Moses

    CounterPunch / UrukNet / DissidentVoice / SolduyuNet (Turkish translation by Sanem Ozturk) / IndyBay / ElectronicIntifada

    During the day Friday, the words of 11-year-old Mohammad Hazahza have filled him up and weighed him down. On Friday night, he pours the words back out, as if wanting to be lifted up again.

    “Mohammad is so protective of his mother,” says Ralph Isenberg in a weary and reverent voice, recalling the day’s visits to Dallas reporters. “I watched as he got her chair and made her comfortable. And that’s what he did in jail. He protected her from forced labor. When she was ordered to clean the common area, he did that work for her. He really understands family and duty.”

    For mother Juma, jail was a very difficult time. Because of her food allergies, she has come to rely on some foods. Tomatoes for example. Family supporter Riad Hamad of the Palestine Children’s Welfare Fund says Juma asked her jailers for tomatoes, but they never gave her any. Not one tomato in a hundred days. She lost 12 pounds.

    “I was shocked at what the jail has done to her physically,” says Isenberg. “There were times when I thought she would pass out. They are both very traumatized. And all I can say is we’re cranking up real hard for the release of the rest of the Hazahza family.”

    Like two other families of Palestinian heritage who were abducted by USA immigration authorities in early November, the Hazahza family had been split up. Juma and Mohammad were jailed at T. Don Hutto prison in Taylor, Texas, while father Radi was locked up at Haskell, Texas along with his four adult children.

    The mother and son recall a hard knock at the door and then a crash as men with guns filled their apartment in a pre-dawn raid on November 2. Mohammad describes the guns as AK-47s. If that’s not the model number, he was definitely looking down barrels of semi-automatic assault rifles. The family of seven were ordered out of the house. No time to change out of bed clothes.

    For Juma, memories of America are mixed with memories of life in Palestine, where she could never stop thinking about the missiles that flew over the house. She knows what it is like to live in fearful conditions. But even in Palestine, she had never been thrown into jail.

    On their second day out of jail, memories are difficult enough that Juma and Mohammad might cry once or twice, but Juma is angry and determined. She will see the rest of her family free as soon as possible. Then they will get their things out of storage and start their lives all over again. On to the next reporter, if that’s what it must take. She wants her life back.

    Inside the jail, Mohammad was ever the bright and curious kid. He was certainly not impressed with the school lessons they gave him. Math was like adding one plus one. Last week he noticed his jailers making all kinds of sudden improvements to the jail. There was simple math in that, too. A media tour was coming up. By the time the cameras got there, Mohammad and his mother would be gone.

    In jail, Mohammad wondered about things like where does the electricity come from and are the windows bullet proof? He would ask these questions to guards who carried little black books, and they would write his questions down. A few days later the guards would return with questions of their own. Was anyone planning to bomb Hutto jail?

    Hideous is the word Isenberg uses to describe the situation of the Hazahzas, the jail, and the prejudicial paranoia that surrounds a curious boy from Palestine and his family. Juma has not been allowed to talk to her husband for 100 days.

    Owing to poor construction and design of toilets and bathrooms, the smell of raw sewage is a nightly trauma at Hutto prison. Who can sleep with such a smell in the air? The temperature is never right. Either it’s too warm or too cold, except for the water, which is always too cold. And the sanitation of the cold-water shower room was very suspect to Juma as herds of men were exchanged for herds of women in bathing conditions that made her feel very humiliated.

    Confirming complaints made weeks ago by the Ibrahim family–who have since been released–Mohammad and Juma talked about prisoners being made to stand still for cell counts that always lasted too long because guards could not get the count right.

    “They are so hurt, so hurt,” says Isenberg as Mohammad’s words spill out. “It’s clear that the Hutto facility has the ability to destroy people, to break their will to want to live. It’s also clear that it will be shut down shortly.”

    Saturday will be “legal day” for the movement as Isenberg confers with attorneys about how to get the rest of the Hazahza family released from a prison in Haskell, Texas. Once again the New York attorneys Joshua Bardavid and Ted Cox are standing by if a federal habeas corpus motion is required.

    “I’m not used to meeting people who have been in jail for 100 days and who are perfectly innocent. I’m ashamed to be an American right now. But the more I see people start to care, the more I have hope.”

  • Sec. Paige and the Inescapable Strength of Race Talk

    By Greg Moses

    In the Spring of 2003, two months before the

    Supreme Court announced its Grutter decision, US Secretary of Education Rod Paige was in Florida,

    denouncing affirmative action in college admissions as “un-American.”

    And only a week

    after the Texas A&M University Regents announced their decision to bypass affirmative action in college

    admissions, Secretary Paige was in Texas, not far from College Station, urging his audiences to stay

    the course in educational reform. In a series of speeches delivered in Florida, Texas, and in front

    of national conferences in Washington, DC, Secretary Paige has enunciated a hard-charging vision of

    educational reform that adheres to so-called race-neutral strategies deployed under Governors Jeb and

    George Bush. But he also employs images of racialized experience when he seeks to communicate the

    persistence of racism and the strengths that have won great achievements in the face of racist

    assaults.

    “And I’ll just tell you that President Bush and I are of one mind on this,”

    said the Secretary in Florida, shortly after he was introduced to a “Race Neutral Conference” by

    Governor Jeb Bush, on April 28,

    2003.

    http://www.ed.gov/news/speeches/2003/04/04282003.html

    “I have known

    President Bush a long time and I can tell you that this is a man who believes that education is a civil

    right, just like the right to vote or to be treated equally. He believes it’s the duty of our nation

    to educate every child well, not just some of them.”

    With fierce persistence, Secretary

    Paige steers his remarks toward the President and his leadership, often repeating the proud claim that

    within days of taking office, the President got started on the educational reform known as, “No Child

    Left Behind.”

    “Both he and I are committed to greater diversity and greater

    opportunity for all Americans from all backgrounds and all walks of life,” said Paige at the Florida

    conference. ”But we believe that we can–and we must–achieve these goals without resorting to methods

    that divide, that perpetuate stereotypes, and that pit one group of Americans against another.”

    Affirmative action in college admissions, argued the Secretary, is a cause of such

    divisiveness.

    “Think about it,” argued the Secretary. “If our goal is harmony and

    diversity, then why would we use methods that are divisive, unfair and impossible to square with our

    Constitution? The Michigan system unfairly rewards or penalizes prospective students based solely on

    their race.”

    In his references to “the Michigan system,” the Secretary makes no

    distinction between the two cases being deliberated by the Supreme Court. Indeed, the Michigan

    undergraduate point system was ruled unconstitutional. But in the case of Grutter and the Michigan Law

    School, the Supreme Court’s majority decision, authored by Justice Sandra Day O’Connor, ruled that it

    was indeed possible to square the Constitution with affirmative action in college

    admissions.

    “This [affirmative action in college admissions] is not only wrong; it’s

    un-American,” declared the Secretary prior to the Supreme Court’s findings. “It is not right to fight

    discrimination with discrimination. And that is what the Michigan system promotes.”

    The

    context of the Secretary’s accusations, his pre-emptive declarations, and the way he compares Texas and

    Florida, help us to formulate possible reasons why, politically, the George Bush campus in Texas was so

    quick to run around the Grutter ruling, back into the framework of “right” and “American” race-neutral

    college admissions.

    I call the Texas A&M University campus at College Station the George

    Bush campus, because that is where the presidential library for the first President Bush is located,

    and that is where the Dean of the George Bush School, a former assistant to President Bush and former

    director of the CIA, was promoted to University President.

    “If we are truly committed

    to greater opportunity and diversity on our nation’s campuses, then we have the responsibility and the

    obligation to be proactive,” said the Secretary last Spring. “And in this effort, we have a great ally

    in President Bush.”

    As it turns out, President Bush had pushed from very early in his

    administration to get the Department of Education onto the race-neutral track of civil rights. Says

    the Secretary of the President:

    “At his insistence, the Department of Education took a

    hard look at the potential for race-neutral admissions approaches to increase the number of minorities

    on America’s college campuses….But the upshot is this: colleges don’t have to fall back on admissions

    quotas and double standards to achieve racial diversity. Promising alternatives not only exist, they

    are working.”

    Secretary Paige argued that “percentage plans” in Texas, Florida, and

    California, “are proving that you can achieve broad racial and economic diversity through such race-

    neutral means as: guaranteeing admissions to top students from all high schools–wealthy and poor; and

    considering a broad range of factors in admissions, including a student’s potential, life experiences

    and economic obstacles.”

    “The early data is heartening,” continued the Secretary. “It

    suggests that many university doors have now opened to rural and low-income students who never before

    had a prayer of attending those schools. Where once students from a small number of high schools held

    the monopoly on elite colleges, students from low-income and low-performing schools are now winning

    admission.”

    But we should not ignore Secretary Paige’s careful use of the words “early

    data.” The conclusion of the report, prepared by the Office for Civil Rights says plainly that, “No

    single race-neutral program is a panacea. What is needed now is more research and discussion about the

    varieties of race-neutral programs that might be employed in different settings.” When compared with

    the widely-tested methods of affirmative action, the race-neutral movement has not yet produced a

    convincing case for a wholesale policy

    shift.

    http://www.ed.gov/about/offices/list/ocr/edlite-

    raceneutralreport.html#_Toc32306620

    Last December, with Texas A&M’s rejection of

    affirmative action still fresh in the news, Secretary Paige was back in Texas, talking up the coming

    revolution in education.

    Speaking at Sam Houston State University, not very far down the

    road from College Station, Texas, Secretary Paige delivered a fine “seize the moment” speech, fitting

    for a winter commencement. He talked about dreamers who acted without hesitation. He talked about Sam

    Houston and Mother Theresa, back to

    back.

    http://www.ed.gov/news/speeches/2003/12/12132003.html

    Two days

    later, the Secretary was speaking before the Greater Houston Partnership, an organization widely

    credited with the city’s educational reforms. The Houston Independent School District had led the

    nation for fourth-grade test scores among African American children. And Secretary Page told his

    audience that it was the example of Houston that the President had in mind when he set out to build a

    national policy for education.

    In the words of Secretary Paige, the President’s reforms

    in education are very much bound up with a concept of civil rights. He bluntly told his Texas audience

    that educational challenges today are signs of persisting racism.

    “I know, as someone

    who grew up in rural Mississippi, that this situation is unjust and a latent vestige of racism. I know

    that 50 years after Brown v Board of Education, we still have battles to fight before an equal

    education is availab
    le to all,” the Secretary told his Houston

    audience.

    http://www.ed.gov/news/speeches/2003/12/12152003.h
    tml

    “And I

    know this is a battle that we must win. No Child Left Behind is the logical next step in fostering

    racial equality and equal opportunity. As Thurgood Marshall said in his oral argument before the

    Supreme Court in the Brown case, ‘There is no way you can repay lost school years.’ I agree…no way!!!

    There isn’t a form of compensation that makes up for lost time and for lost opportunities.”

    The Secretary gave quite a pep talk to the Houston audience. He encouraged them to

    continue the reforms they had started, “in the 1970s,” and he told them not to be deterred by the fact

    that Houston education had become the target of a politically-charged debate.

    Secretary

    Paige makes a good point when he argues that political agendas often drive the analysis and

    interpretation of facts. In the case of the President’s educational strategy, an agenda of race-

    neutral civil rights is hard at work.

    But here is the puzzle to consider. Why is the

    Secretary himself so ambivalent about the value of race-neutral language? For example, when he is

    speaking before the National Council of Negro Women (on the same day that the Texas A&M Regents

    announced their race-neutral policy), Secretary Paige uses race-laden language with

    exhuberance:

    “There is a long, proud tradition of education in the African American

    community. We have produced some of the greatest educators in history. Frederick Douglass and his

    Sabbath Schools. W.E.B. DuBois and the “talented tenth.” Benjamin Elijah Mays opening his office door

    to young Martin Luther King, Jr. Maya Angelou sharing thoughts about Langston Hughes. Wynton Marseilles

    conducting master classes, and endlessly talking about John Coltrane and Louis Armstrong.”

    http://www.ed.gov/news/speeches/2003/12/12052003.html

    Or speaking more

    personally to the audience of black women, Secretary Paige recounted the example of his mother: “My

    mother, who was a teacher, used to sternly tell me that there was no more powerful force on earth than

    black women. She said that if you wanted to see physics in action, just turn African American women

    lose on a problem. And then don’t get in the way!!! If they want change, it will happen!!!

    “I noticed she always said that with my father in the room,” remarked the Secretary.

    “And he nodded wisely…what else could he do?…she was right!!!”

    In this speech, the

    use of racialized language points to strength, power, and greatness.

    In a January speech

    to the American Enterprise Institute, however, Secretary Paige makes reference to a William Raspberry

    column. For Raspberry, when black college students declare their support for affirmative action for

    the rest of their lives or longer, they are declaring themselves inferior: “The implication is, that we

    are permanently damaged goods, and in permanent need of special concessions.”

    http://www.ed.gov/news/speeches/2004/01/01072004.html

    To be sure, Paige

    and Raspberry point to one of the conundrums of civil rights enforcement. In a land where well-

    documented racism persists, there is a danger that common-sense references to race are also laden with

    popular conceptions of inferiority. But a college student’s support of affirmative action need not be

    based on presumptions of self-inferiority. Just as Paige celebrates the strength of black women, when

    he is speaking to black women, affirmative action may be seen as a way of insisting that such strength

    be brought to the table.

  • After the Ibrahim Family Reunion: The Suleimans and Hazahzas

    By Greg Moses

    IndyMedia Austin / Houston

    With the joyful news of an Ibrahim family reunion tonight–as father Salaheddin returns home from his lockup in Haskell–we remember two other families of Palestinian heritage whose lives were trashed by hardline immigration enforcement.
    First we remember the Suleiman family whose deportation to Jordan has exiled twin citizens of the USA age four.

    “They definitely would like to come back,” says Riad Hamad of the Palestine Children’s Welfare Fund, who purchased the plane tickets that allowed the family to leave at their own expense.

    “They didn’t want to leave the country, but they did want to live, and that’s why they left,” explained Hamad over the phone Friday afternoon. The 61-year-old father of the family, Adel, was receiving such inhumane treatment in Oklahoma jails that he feared for his life.

    Adel was born into a Palestinian refugee camp during the 1948 displacement of the Palestinian people, then in 1967 he was driven from the West Bank by war. And in 1991 he fled Kuwait when the first Gulf War hit there. Now he waits for his furniture to catch up to him in Amman, Jordan after being thrown out of the USA.

    In Dallas, Adel and his spouse had their future before them.

    “They had just purchased their first house,” says Hamad. “They put down $20,000.” Now the furniture from that house is all they have. Hamad will have the furniture shipped to them next week.

    “This is a disaster for them,” says Hamad. “The furniture will provide a sense of continuity.”

    Are they interested in returning to the USA?

    “Yes they are,” says Hamad quickly. “It’s not like they wanted to leave the country.”

    A relative who saw Adel at the Dallas airport on Jan. 29 as he was being deported with his exiled daughters said he looked like a famine picture.

    The pre-dawn operation that uprooted Adel from his American dream was called “Return to Sender.” But who sent Adel to America? And why should he not be invited to return with profound apologies from even the President himself?

    Hamad remembers trying to cheer up 17-year-old Ayman Suleiman, who was worried what would happen to his education.

    “I told him I have paid tuition for 20 Palestinian students to complete college and I would pay for his too,” says Hamad. “When Ayman heard me promise him an education, he dropped his head down for a minute or so to hide his tears.”

    “Get to Jordan, I told him. Find a high school and tell me about your college plans.”

    Hazahzas

    When Immigration and Customs Enforcement abruptly notified Hazahza family relatives Wednesday night that a mother and son would be release from the T. Don Hutto prison, Hamad was called to pick them up.

    Hamad knew the mother, Juma, because he had brought her favorite food to prison–Zaazatr. From the prison authorities she requested a tomato, “but she didn’t see a tomato in three months.”

    As Hamad drove Juma and her 11-year-old son, Mohammad, from the Hutto prison he heard the boy ask, “Mama am I dreaming?” First thing he asked for was a hamburger.

    Juma and Mohammad were last reported resting at the home of a relative in Dallas after a long night of driving made necessary because airlines would not issue them tickets since they lacked proper identification upon release.

    The rest of the Hazahza family sits at the prison in Haskell–father Radi and four adult children: 18-year-old Ahmad, 19-year-old Suzan, and 23-year-olds Mirvat and Hisham. They are the ones to free next.

    As for the Ibrahim children who tonight will see their father for the first time since early November, Hamad remembers the first time he saw them.

    “I saw those children behind bars and I was not allowed to touch them,” he said.

    “Even if I was a donkey with no feelings, I would hear this story and be moved.

    As a child in Beirut more than forty years ago, Riad Hamad would look out the window at camps filled with white tents.

    “What are those tents, Daddy?”

    “Those are the Palestinians, Riad. They are waiting to return home.”

    **************

    Note: to see daily videos from Palestine via laptops that Hamad has donated, visit marhabafrompalestine.com