A Matter of Life, Death, and the Rule of Law

Somewhere in Northern Mexico, an exhausted nine-year-old girl stumbles. She’s traveling with her maternal grandmother, her legal guardian since her mother died, but they don’t have a paper explaining that, so if they are separated at the border, she will never be reunited with her family. She’s already walked 1,100 miles, but she’s still hundreds of miles away from the U.S. border and finding out what trauma awaits her there.

But the administration isn’t satisfied with baby jails, toddlers separated from parents and forced to appear alone in court, or families who, the administration now says, won’t be sufficiently ID’ed to be reunited for two years. On April 7, Kirstjen Nielsen, Secretary of the Department of Homeland Security (DHS) resigned at the request of the Baby-Jailer-in-Chief. Kevin McAleenan, whom Trump tapped for acting Secretary, has a terrible record. As head of Customs and Border Protection, McAleenan defended his agency’s use of tear gas on children and families. He also repeatedly broke the law to implement Trump’s travel ban, and ignored the death of a seven year-old girl in CBP custody in his Congressional testimony. In a broad purge, Trump also forced the resignations of the head of the Secret Service, the director of Citizenship and Immigration Services, the DHS General Counsel, and the DHS undersecretary for management, and withdrew his nominated Director of Immigration and Customs Enforcement, saying he wanted the agency to go in a “tougher” direction. It’s hard to imagine what that could even be, in a civilized country.

What to do:

Trump will nominate a replacement DHS Secretary who will need Senate approval. Tell our Senators, NOW: Don’t approve anyone with a history of promoting, tolerating, or overlooking human rights abuses of any kind. We need someone far better than Nielsen — not someone even worse! Senator Kamala Harris was the first Senator to call for Nielsen to resign in a July 2018 statement, and she continues to speak out strongly against the family separation policy, including tweeting on April 8: “The next DHS Secretary must unequivocally denounce this abusive policy. We deserve better.” Senator Dianne Feinstein, however, has only expressed sympathy for the “thankless” task performed by Nielsen and the “hope” that McAleenan will be “able to propose and implement more sensible, humane and bipartisan solutions to the problems we face” — a hope that appears to have no foundation in reality.

What to say:

For Sen. Kamala Harris: (email); (415) 981-9369 • DC: (202) 224-3553

My name is _____, my zip code is ____, and I’m a member of Indivisible East Bay. I want to thank Senator Harris for speaking out against the family separation policy that former DHS Secretary Nielsen oversaw. I hope that when the nominee for Nielsen’s replacement is in confirmation hearings, Senator Harris will do everything possible to prevent the confirmation of anyone with a history of promoting, tolerating, or overlooking human rights abuses of any kind. We need someone far better than Nielsen — not someone even worse!

For Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841

My name is _____, my zip code is ____, and I’m a member of Indivisible East Bay. I’m concerned that Senator Feinstein has spoken sympathetically about former DHS Secretary Nielsen and Acting DHS Secretary McAleenan, and hasn’t spoken out about the abuses they have perpetrated. I hope that when the nominee for Nielsen’s replacement is in confirmation hearings, Senator Feinstein will do everything possible to prevent the confirmation of anyone with a history of promoting, tolerating, or overlooking human rights abuses of any kind. We need someone far better than Nielsen — not someone even worse!

More info:

Kirstjen Nielsen presided over implementation of the administration’s April 2018 “zero tolerance policy” to deter migrants, separating families and caging the children to deter others from seeking asylum. She then lied to Congress about it, saying, “We do not have a policy of separating families at the border. Period.” Thousands of children have been separated from their parents, and the government has missed several court-imposed deadlines for reuniting families, conceding that it has failed to keep records and claiming that as a result it may take over two years to reunite them—or will never reunite them, in the case of refugees traveling with legal guardians.

After public outcry and a series of adverse court decisions, the zero-tolerance policy was rescinded by executive order, but family separations have continued. Even more troubling, because refugees keep coming, the Scofflaw-in-Chief now wants immigration officials to stop following U.S. statutes and court orders and instead to close the southern borders to asylum—or to close it entirely, to everyone, with the resulting enormous economic disruption. At the border recently, he instructed agents to refuse to follow court orders and to say instead, “sorry, Judge, I can’t do it.” He reportedly fired Nielsen because she opposed his requested actions as counterproductive and against the law and applicable court orders.

The new DHS Secretary must be required to commit to follow — and must actually follow — applicable statutes and court orders, not just the whims of the President. By the time she reaches our borders, it would be good if the nine-year-old Guatemalan girl still found a country with the rule of law.

Photograph: “Women Disobey protest against US Immigration and Customs Enforcement’s ‘zero tolerance’ policy separating children and families at the US/Mexico border,” copyright Sarahmirk

Tell our MoCs: no raiding the budget for wall funding

Our Members of Congress have been consistent opponents of Trump’s efforts to increase militarization of our country’s southern border. But on February 14, all of them other than Senator Kamala Harris voted for H.J. Res. 31, providing $1.375 billion for border “fencing,” rejecting Democrats’ demands to limits on funding for immigrant detention funding for ICE, and – perhaps most dangerously – setting no bounds on Trump’s ability to take funds granted to the Department of Homeland Security, the Department of Housing and Urban Development, or the Army Corps of Engineers, and use those funds instead to build his border wall.

Please thank Senator Harris and put the others on notice that now that we’ve won the House, control of immigration detention funding is not something to compromise on. Read on for more info; call scripts and contact info below.

We get it – no one wanted to be responsible for another government shutdown. But as we said in our action blog post last week, the threat of shutting down the government if H.J.Res. 31 failed was a false choice, and our MoCs should not have caved to the administration’s bullying. And we can of course hope for the best but we are sincerely disappointed if any of our MoCs who voted for this plan actually believe that this administration will “ensure … the humane treatment of immigrants.”

We are thankful this is the first time since ICE was created In 2002 that a new spending bill didn’t increase its funding and that “the deal” only affects Customs and Border Patrol funding at ports of entry. But we are done settling for stopping things from getting worse. We elected a Democratic House of Representatives to make things better and going forward we expect our representatives not just to rein in, but also to cut spending on harmful immigration enforcement.

The semi-good news is that there’s always something down the road, and in this case it’s a short road. In less than three weeks, the president’s Office of Management and Budget will release the president’s budget. We expect plenty of horrible funding requests on all sorts of issues, including requests for yet more “border security” and yet more detention funding. We want our MoCs to reject these, and we want them to go further – we want them to revoke “reprogramming and transfer authority” for all agencies that Trump is commandeering for this war on immigrants and asylum seekers. Specifically, we want our MoCs to vote to prohibit Trump from taking money allocated to the Department of Homeland Security, Health and Human Services, the Department of Defense, or any other agencies, and using it for his wall and inhumane immigration policies. Congress must seriously examine why there is so much slop in the system that these agencies can have billions – in some cases over $6 billion – that can be reprogrammed and transferred, in defiance of Congressional appropriations authority.

What you can do: Contact your Members of Congress

For Sen. Kamala Harris (415) 981-9369 • DC: (202) 224-3553:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. Thank you for voting against H.J.Res. 31. I’m very disappointed that so many Democrats agreed to a spending deal that didn’t cut funding for detention beds and didn’t limit DHS’s ability to use money Congress designated for other purposes as a slush fund for its harmful immigration enforcement policies. I hope Senator Harris stands firm and works to make sure that next year’s bill does both those things.

For Sen. Feinstein and all three Reps:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. I’m very disappointed that the Democrats agreed to a spending deal that didn’t cut funding for detention beds and didn’t limit DHS’s ability to use money Congress designated for other purposes as a slush fund for its harmful immigration enforcement policies. I want ______ to work to ensure that next year’s bill does both those things.

  • Sen. Dianne Feinstein: (415) 393-0707 • DC: (202) 224-3841
  • Rep. Mark DeSaulnier: (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (510) 763-0370 • DC: (202) 225-2661
  •  Rep. Eric Swalwell: (510) 370-3322 • DC: (202) 225-5065

 

No Boots No Beds No Wall

Action Deadline – ASAP: Tell Your MoCs to Reject a Budget Deal that Expands ICE and Funds Trump’s Border Wall

As the clock ticks down to another government shutdown, negotiations on the federal budget funding deal continue, with Senate leaders saying on February 11 that they reached a tentative agreement including $1.375 billion for border “barriers,” including 55 miles of new fencing. Unacceptably, the deal also excludes Democrats’ demands to limit immigrant detention funding for ICE. House Democrats must stay strong and reject any additional funding that will allow Trump to tear more families apart.

Let’s be clear: we don’t want another shutdown. But, as Indivisible National put it:

choosing between protecting immigrants and keeping the government running is a false choice—especially with Democrats in control of the House. This bill goes too far in fueling Trump’s deportation force, even if it technically doesn’t have funding for a concrete wall. Congress still has time to pass a clean, year-long continuing resolution (CR), that would keep the government open, and that wouldn’t expand Trump’s deportation machine any further.

Please tell your Members of Congress that we demand a bill that keeps the government open with NO new funding for:

  • Beds: In two years, Trump has dramatically expanded the number of immigrants being incarcerated. In President Obama’s last year in office, 34,000 immigrants were in ICE detention. Now the number is close to 50,000—far above the 40,500 for which Congress had authorized funding. How can ICE detain more people than Congress has authorized? Because DHS uses their transfer and reprogramming authority to effectively steal money from other programs, such as FEMA, to jail more immigrant families. It is Congress’s responsibility to end this financial shell game and add strict limits on DHS Secretary’s transfer and reprogramming authority.
  • Boots: Negotiators are considering giving Trump more Homeland Security Investigation (HSI) agents. Don’t be fooled. HSI agents are ICE agents — and funding for HSI agents is funding for Trump’s anti-immigrant agenda. ICE HSI agents conduct highly militarized worksite raids. The National Immigration Law Center has a great resource with more information on HSI agents here. Congress must NOT increase HSI’s funding — it must cut it and prohibit HSI from arresting workers, while conducting this type of “papers, please” enforcement. 
  • Trump’s racist wall: Negotiators are currently considering including $1.375 billion for border wall funding, which will devastate local communities, as private land is seized using eminent domain, just so Trump can fulfill his hateful campaign promise to build his racist wall along the southern border. It’s critical to keep up the pressure on our Members of Congress and tell them NOT ONE PENNY for Trump’s hateful wall. There must also a policy rider to prevent Trump from using an emergency declaration to transfer and reprogram Defense Dept funding for wall construction. 

 

What you can do:

Call to Action: Ask your senators and House rep to reject any funding deal that expands ICE’s power, funds Trump’s border wall, and maintains DHS’s ability to “reprogram” money to ICE.

What to say:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. I’m asking ____ to reject the current working budget deal in favor of a bill that keeps the government open with NO new funding for increased detention beds, additional ICE agents, or Trump’s racist wall. Please don’t give in to threats of a shutdown and don’t let our country be held hostage. Please support ONLY a clean budget deal, and place strict limits on reprogramming and transfer authority!

Senators (please call both):

  • Sen. Dianne Feinstein: (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (415) 981-9369 • DC: (202) 224-3553

House of Representatives (please call your Rep only):

  • Rep. Mark DeSaulnier (CA-11_: (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee (CA-13): (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell (CA-15): (510) 370-3322 • DC: (202) 225-5065

Tell our MoCs: No more funding for ICE/CBP or the Wall

Deadline: today and every day – Like the spoiled kid who says he’ll take his toys and break up the game, the Current Occupant is threatening to shut down the government unless Congress agrees to his demands: $5 billion to pay for his wall and for more inhumane enforcement and detention at the border. This on the heels of tear-gassing kids and calling their parents “baby-grabbers.”

So far, the current House of Representatives is saying OK, but the Senate is saying NO. The Senate should, pardon the expression, stick to its guns. They can insist on a budget with no new funding for the wall or for enforcement; or, alternatively, support a Continuing Resolution, which would basically authorize just enough funding to keep the government going until the next Congress takes office.

And both the Senate and the House have the ability and responsibility to exercise oversight authority over the actions of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). In fact, on December 11, at 11 AM Eastern time, the Senate Committee on the Judiciary – on which both Senators Feinstein and Harris sit – will hold a hearing on “Oversight of U.S. Customs and Border Protection.” You can watch on CSPAN or here.

What you can do:

Tell Senators Feinstein and Harris:

My name is _____, my zip code is _____, and I’m a member of Indivisible East Bay. I’m horrified by the growing list of atrocities by immigration officials against refugees, from family separation to family gassing at the border. Thank you for speaking out. Please do everything you can to keep funding for ICE and CBP in check – fight for a budget with no new funding for the wall and border enforcement, or support a Continuing Resolution. And please be extra rigorous and thorough in your questioning in the upcoming Judiciary Committee hearing on Oversight of US Customs and Border Protection.

Contact info:

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841; 1 Post Street, Suite 2450, San Francisco CA 94104
  • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553; 333 Bush Street, Suite 3225, San Francisco CA 94104

 

Tell Representatives DeSaulnier, Lee, and Swalwell that you want them to limit funding, and to call for investigations into the administration’s inhumane immigration policies, including turning away refugees, tear gassing, and family separation.

What to say:

My name is _____, my zip code is _____, and I’m a member of Indivisible East Bay. I’m horrified by the growing list of atrocities by immigration officials against asylum seekers, from family separation to family gassing at the border. Thank you for speaking out, and please do all you can to investigate, conduct rigorous oversight, and limit funding for the administration’s inhumane immigration policies.

NOTE: You can add on the following for each of the East Bay’s Representatives:

  • If you’re a constituent of Rep. Swalwell, ask him to use his position on the House Judiciary Committee to do all he can, including oversight of ICE and CBP; and thank him for saying that despite threats of a government shutdown, he would never vote to fund the wall. Read our article.
  • If you’re a constituent of Rep. DeSaulnier, ask him to use his position on the House Committee on Oversight and Government Reform to do all he can, including oversight of ICE and CBP.
  • If you’re a constituent of Barbara Lee, thank her for publicly calling out Trump’s “childish and unacceptable” threat to shut down the government if he doesn’t get funding for the wall – and her pledge not to support it.

Contact info:

  • Rep. Mark DeSaulnier (email): (510) 620-1000 DC: (202) 225-2095; 440 Civic Center Plaza, 2nd Floor, Richmond, CA 94804
  • Rep. Barbara Lee (email): (510) 763-0370 DC: (202) 225-2661; 1301 Clay Street #1000N, Oakland CA 94612
  • Rep. Eric Swalwell (email): (510) 370-3322 DC: (202) 225-5065; 3615 Castro Valley Blvd., Castro Valley CA 94546

Read our related article for more information.

Hugs, not tear gas!

Outraged by the administration’s inhumane and illegal treatment of refugees seeking asylum at our southern border, the East Bay turned out in force on Saturday, December 1, 2018 at several hastily-planned protests called by the national group Families Belong Together.  

Governance Committee member and CA-11 team lead Ted Lam reports on the noon rally in El Cerrito:

Thirty people, including families with children, gathered at a busy intersection at El Cerrito Plaza at the Stop the Tears protest organized by El Cerrito Progressives’ Sherry Drobner. People held signs – including forming a human billboard spelling out STOP T-H-E-T-E-A-R-S – and enthusiastically chanted “Let them Pass, No Tear Gas” and “Refugees families under attack, This is illegal, Stand up and fight back!”

Stop the Tears protest in El Cerrito, photo by Ted Lam
Stop the Tears protest in El Cerrito, photo by Ted Lam

The pedestrians and motorists streaming by were very supportive, with many honking  in approval. The one-hour event passed too quickly but we felt good at speaking out loud and clear against the administration’s inhumane actions. 

Governance Committee member and volunteer team lead Andrea Lum reports on the San Leandro protest, which she organized with GC member and IEB treasurer Gina Clinton:

Stop the Tears protest in San Leandro
Stop the Tears protest in San Leandro

The day started off rainy and stormy but ended in cheers, honks and waves at our small but mighty protest on the corner of Memorial Park in San Leandro, As the sun came out, our trio was joined by a mother and son, and another person outraged by the tear gassing of families at the border. Seven people on a rainy Saturday – we call that a win!

Didn’t make it to a protest? There’s still much you can do to help fight. See our article with information, a call script, and contact info to make sure that your elected representatives speak out and do all they can.

 

 

 

Briefing memo for meeting with Sen. Harris, Nov. 2018

On November 30, 2018, a delegation from Indivisible East Bay visited with Senator Kamala Harris’s staffers Julie Chavez Rodrigues and Daniel Chen. As we do before all our visits with our Senators, we prepared a briefing letter on all the issues we wanted to discuss, including extensive background research. This meeting concerned the following topics:

  • Asylum seekers
  • ICE/CBP abuses and DHS appropriations
  • Comprehensive immigration reform
  • Climate change, including carbon pricing
  • Poverty reduction
  • Abuses of the intelligence agencies
  • Cabinet order
  • Digital privacy
  • Criminal justice reform and the First Step Act
  • Judicial nominations
  • Campaign finance reform
  • New blue house
  • Town hall

You can read the entire memo here.

 

Out of the mouths of babes

Deadline for public comments: December 10, 2018 

What could be meaner than taking food out of the mouths of children? The latest assault from the Grinch Administration is a proposed regulation that would change how the government evaluates legal immigrants for green cards and visas. If this regulation takes effect, it could literally result in immigrants foregoing necessary assistance for themselves, or for their kids, in order to keep their status. You have until Monday December 10 to protest this outrage by submitting a comment. Go to www.regulations.gov/document?D=USCIS-2010-0012-0001 and click the dark blue “COMMENT NOW” button in the upper right. If that doesn’t work, go to www.regulations.gov and click on “Inadmissibility on Public Charge Grounds” under “What’s Trending” and follow the instructions for submitting a comment. Be sure to reference DHS Docket No. USCIS-2010-0012. See below for suggested language and alternative methods to submit comments.

The government already considers whether an immigrant is likely to become a “public charge” before granting a green card and many kinds of visas. Until now, this has referred to receipt of cash benefits – and, despite what fearmongers would have you believe, only 3% of non-citizens use these benefits. Under the proposed change, the “public charge” analysis could include receipt of Section 8 housing and food assistance, potentially forcing legal immigrants to give up benefits that they and their families need in order to keep their immigration status. This is cruel and unreasonable, especially because:

What you can do:

From the official website:

You may submit comments on this proposed rule, including the proposed information collection requirements, identified by DHS Docket No. USCIS-2010-0012, by any one of the following methods:

  • Federal eRulemaking Portal (preferred): www.regulations.gov. Follow the website instructions for submitting comments.

  • Mail: Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2140. To ensure proper handling, please reference DHS Docket No. USCIS-2010-0012 in your correspondence. Mail must be postmarked by the comment submission deadline.

If your citizenship status is secure, please do this action. Please personalize this suggested language (because verbatim comments may be grouped together and not counted separately), and submit by December 10:

I am writing with reference to DHS Docket No. USCIS-2010-0012. I oppose the proposed regulation restricting green cards from families who use public assistance. This regulation would violate my state’s right to provide benefits to families in short-term crisis and increase federal meddling in local issues. I object to depriving more than 40 million children of food, health care, and shelter. I want my tax dollars to support and show basic decency toward aspiring Americans, not to keep out people who need temporary help on their journey toward citizenship.

 

 

Tears at the border

Deadline: today and every day –

On Sunday November 25, Customs and Border Protection officers shot tear gas canisters and rubber bullets into Mexico at refugees approaching the country’s busiest border crossing, which the United States had closed that day. This was a shocking, excessive and unjustified response. Asking for refugee status is not a crime and should not be treated as such.

It’s clear 45 set up the chaos and threw the match. He sent an unprecedented and unnecessary number of troops to the border to defend against unarmed civilians seeking asylum, escalated his inflammatory anti-immigrant and racist tweets, and illegally forced the migrants to remain in Mexico under dangerous conditions, all while their claims were processed at a deliberately slow pace.

Asylum seekers must be permitted to apply for asylum, and must be protected from the atrocities they flee, not be subjected to further brutality and violation of their human and legal rights. Immigration officials, including from Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Office of Refugee Resettlement, continue to perpetrate a growing list of atrocities – from family separation and detention of children to family gassing (which the Mad Hatter in the White House unbelievably called “very safe,” blaming the shameful incident on “…parent[s] running up into an area where they know the tear gas is forming…” and speculating that the parents might actually be child-stealing “grabbers” … )

What you can do:

We may be miles away but you can help fight this administration’s barbaric and illegal actions.

Make sure your elected representatives speak out:

Our Members of Congress are standing up! Senator Feinstein issued a statement condemning the administration’s actions, and Senator Harris and East Bay Representatives DeSaulnier, Lee, and Swalwell, have also spoken out publicly.

What you can do now: Make sure your MoCs keep speaking out. Call them frequently: it’s the best way to let them know how important this is to you. What to say:

My name is _____, my zip code is _____, and I’m a member of Indivisible East Bay. I’m horrified by the growing list of atrocities by immigration officials against refugees, from family separation to family gassing at the border. Thank you for speaking out, and please do all you can to keep funding for ICE and CBP in check, ensure their compliance with inspections, and conduct rigorous oversight.

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841; 1 Post Street, Suite 2450, San Francisco CA 94104
  • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553; 333 Bush Street, Suite 3225, San Francisco CA 94104
  • Rep. Mark DeSaulnier (email): (510) 620-1000 DC: (202) 225-2095; 440 Civic Center Plaza, 2nd Floor, Richmond, CA 94804
  • Rep. Barbara Lee (email): (510) 763-0370 DC: (202) 225-2661; 1301 Clay Street #1000N, Oakland CA 94612
  • Rep. Eric Swalwell (email): (510) 370-3322 DC: (202) 225-5065; 3615 Castro Valley Blvd., Castro Valley CA 94546

Hit the streets:

Families Belong Together has called for nationwide protests on Saturday and Sunday, December 1-2. There are several events in the Bay Area at varying times, including in the East Bay:

  • Sat. Dec. 1, 9:30 AM: Oakland, Fruitvale Station (near BART entrance), 3401 E 12th St.
  • Sat. Dec. 1, 10 AM: San Leandro, Memorial Park, 1105 Bancroft Ave.
  • Sat. Dec. 1, 12 PM: El Cerrito, El Cerrito Plaza, 7000 San Pablo Ave.

Enter your zip code at this link to find one near you, then click on the link beneath any of the listed events for further details and to RSVP. And stay tuned for further protests.

 

 

Speak up for immigrant children

Deadline – submit your comments at this link by November 6, 2018, or write a letter to the Dept. of Homeland Security (must be postmarked by November 6, 2018).

In September we alerted you to new horrific steps the administration is taking to unfairly treat immigrant families. The Department of Homeland Security (DHS) and Department of Health and Human Services (HHS) have proposed a rule that would permit migrant children to be jailed with their families for an indefinite period of time. The rule would throw out the current 20-day limit on detaining these children, and would also permit families to be detained in facilities that aren’t “state licensed,” as currently required. We only have until November 6 to comment on this dreadful proposed rule, so speak up and act now!

What you can do:

Use the suggested talking points below, and feel free to add your own thoughts, to either leave an online comment (option 1), or write and mail a letter (option 2):

  • Option 1: Click on this link to leave an online comment about Proposed Rule Docket ID ICEB-2018-0002. The rule is titled Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children.
    • You can also comment by email: write to ICE.Regulations@ice.dhs.gov and include DHS Docket No. ICEB-2018-0002 in the subject line.
  • Option 2: Write and mail a letter to:
    • Debbie Seguin, Assistant Director, Office of Policy,
      U.S. Immigration & Customs Enforcement, Department of Homeland Security
      500 12th Street SW
      Washington, DC 20536

Mix & match from these suggested talking points to include in your comment or letter, and feel free to use your own words and add your own thoughts:

  • Don’t overturn the long-standing Flores v. Reno Settlement Agreement. No child should be held in jail indefinitely and in facilities that are not state licensed.
  • The long-established Flores Settlement Agreement is necessary to ensure that migrant children are treated humanely. Its limits on jail time and housing conditions must not be modified to keep children in detention longer than 20 days, or in unlicensed facilities.
  • Overturning the Flores court-ordered protections will waste billions in taxpayer money to jail children and their parents. This administration should uphold American values and protect children in its care, use humane options for release from detention, and provide families a meaningful chance to apply for asylum rather than implementing regulations to detain children indefinitely.
  • The indefinite detention of migrant children and families is inhumane and economically wasteful.

Also! A great idea suggested by Families Belong Together — hold a letter-writing party and get your friends to write together. Email info@familiesbelong.org for more information, or see the resources in FBT’s toolkit here.

If you missed our original article, here’s more background: The proposed rule would terminate the settlement agreement in Flores v. Reno, a long-established federal court class-action settlement that ensures the safety and proper care of minors in immigration detention. Among other provisions, the Flores settlement prohibits the government from detaining migrant children – whether they arrive unaccompanied or with their families – for more than 20 days.

Since Current Occupant’s June 2018 executive order ended his family separation policy, the administration has struggled to comply with Flores’s 20-day limit while simultaneously keeping families together and detaining them until their immigration proceedings are completed. In July 2018, federal judge Dolly Gee, who oversees Flores, denied the administration’s request to modify the settlement agreement to let them detain children beyond 20 days.

The proposed DHS/HHS rule is an explicit attempt to do an end run around Judge Gee’s ruling, and around the other protections in the Flores settlement. It would allow the government to keep migrant children locked up with their families indefinitely, pending deportation hearings; it would also allow the families to be housed in unlicensed facilities, while the Flores settlement requires only state licensed facilities to be used.

Watch the American Immigration Lawyers Association’s short video about the proposed changes to the Flores Settlement Agreement and possible impacts on the detention of immigrant children.

Read our recent article for background on the administration’s ongoing attempts to separate refugee families and imprison children. And see this article for other ways you can help immigrants. Our September 12 article, when we first asked you to comment, is here.

Families Belong Together graphic by Instagram user @desdemona1

Help stop the jailing of immigrant children

Deadline – submit your comments at this link by November 6, 2018. Or copy the link into your browser:  https://www.regulations.gov/document?D=ICEB-2018-0002-0001 

As Hurricane Florence bears down on the Carolinas and Georgia, we learn that the administration has been stealing FEMA money to spend on jailing and deporting immigrants. Here’s another part of the unnatural disaster that is the administration’s immigration policy: a proposed rule by the Department of Homeland Security (DHS) and Department of Health and Human Services (HHS) that would permit migrant children to be jailed with their families for an indefinite period of time. The rule would throw out the current 20-day limit on detaining these children, and would also permit the administration to detain families in facilities that aren’t “state licensed,” as currently required. We only have until November 6 to comment on this dreadful proposed rule, so read up and act now!

The proposed rule would terminate the settlement agreement in Flores v. Reno, a long-established federal court class-action settlement that ensures the safety and proper care of minors in immigration detention. Among other provisions, the Flores settlement prohibits the government from detaining migrant children – whether they arrive unaccompanied or with their families – for more than 20 days.

Since Current Occupant’s June 2018 executive order ended his family separation policy, the administration has struggled to comply with Flores’s 20-day limit while simultaneously keeping families together and detaining them until their immigration proceedings are completed. In July 2018, federal judge Dolly Gee, who oversees Flores, denied the administration’s request to modify the settlement agreement to let them detain children beyond 20 days.

The proposed DHS/HHS rule is an explicit attempt to do an end run around Judge Gee’s ruling, and around the other protections in the Flores settlement. It would allow the government to keep migrant children locked up with their families indefinitely, pending deportation hearings; it would also allow the families to be housed in unlicensed facilities, while the Flores settlement requires only state licensed facilities to be used.

Please speak up NOW. Leave a comment at this link (do not comment on this article, please click on the link, or type this into your browser:  https://www.regulations.gov/document?D=ICEB-2018-0002-0001 ) for Proposed Rule Docket ID ICEB-2018-0002. The rule is titled Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children. You can also comment by email: write to ICE.Regulations@ice.dhs.gov (include DHS Docket No. ICEB-2018-0002 in the subject line).

Mix & match from these suggested points to include in your comment, and feel free to add your own thoughts:

  • Don’t overturn the long-standing Flores Settlement Agreement. No child should be held in jail indefinitely and in facilities that are not state licensed.
  • The long-established Flores Settlement Agreement is necessary to ensure that migrant children are treated humanely. Its limits on jail time and housing conditions must not be modified to keep children in detention longer than 20 days, or in unlicensed facilities.
  • Overturning the Flores court-ordered protections will waste billions in taxpayer money to jail children and their parents. This administration should uphold American values and protect children in its care, use humane options for release from detention, and provide families a meaningful chance to apply for asylum rather than implementing regulations to detain children indefinitely.
  • The indefinite detention of migrant children and families is inhumane and economically wasteful.

Watch the American Immigration Lawyers Association’s short video about the proposed changes to the Flores Settlement Agreement and possible impacts on the detention of immigrant children.

Read our recent article for background on the administration’s ongoing attempts to separate refugee families and imprison children. And see this article for other ways you can help immigrants.