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 IDICEB-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.
It was a dark time for the Rebellion. The armies of the Empire had thwarted the attempts of those seeking asylum from violence in their homeland — forcing refugees to choose between returning to the dangers of their home or being forcibly separated from their children at the border — perhaps forever. This unconscionable action could not stand. And it did not. Responding to growing protests even among his own supporters, Emperor Trump at last rescinded his order.
But for those families who had already been separated, it remained unclear when or how they would be reunited. Further, a recent court filing indicates the Justice Department plans to keep migrant families in detention. To keep the pressure on for a quick, humane and complete solution, hundreds of thousands of protesters gathered on Saturday June 30 at more than 700 “Families Belong Together” nationwide rallies. At the largest rallies, numbers reportedly ranged from 35,000 in Washington, D.C. to 70,000 in Los Angeles.
Indivisible East Bay communities held several notable protests, and IEB members were out in force. Some of our reports:
West County Detention Facility (Richmond)
“We joined thousands of protesters at the Richmond, California West County Detention Facility (WCDF) to make it LOUD and clear that families belong together,” IEB and Indivisible El Cerrito member Melanie Bryson said. She also sent a special thank you to the dedicated people who’ve been attending monthly vigils and bi-weekly protests at WCDF, and to all those attending weekly vigils in El Cerrito.
IEB member Mandeep Gill estimated the “massive” crowd at over 2,000, also noting that the energy level was high, and the noise level loud at the Richmond rally. He added that “our sustained several minute ‘Abolish ICE’ chant roar was loud enough that I saw several folks covering their ears. Good! This is the kind of fierce collective energy that’s going to carry us all forward.”
Over 1,500 people gathered together in Civic Center Park in downtown Berkeley. Carrying a wide variety of creative signs, the protesters were enthusiastic but peaceful. Undeterred by the week’s string of Supreme Court defeats, including the decision to uphold Trump’s Muslim travel ban, the crowd positively responded to the exhortations of the speakers — including State Senator Nancy Skinner — that we remain committed to the fight and maintain our confidence that we will be successful in the end.
Members from several Indivisible groups were among the crowd. Daron Sharps, a speaker from Indivisible Berkeley, called on demonstrators to phone-bank and vote President Donald Trump and his allies out of office.
Several hundred people turned out for each of a trio of rallies in Tri-valley cities Livermore, Dublin and Pleasanton. The largest was in Livermore, where CA-15 Congressman Eric Swalwell was a featured speaker.
CA-11 Congressman Mark DeSaulnier spoke to a large crowd attending the Migrants March at Todos Santos Plaza in Concord.
See our article for many actions you can take to continue to fight for immigrants.
Photos by CNN, Heidi Rand, Mandeep Gill, and Ted Landau
On June 14, more than 200 people from all corners of the Bay Area streamed to El Cerrito to protest the administration’s inhumane policy of separating children from their parents at the southern border.
Filling all corners of the large intersection, we chanted, sang, and cheered for the clenched fists raised in solidarity and supportive honks from the constant stream of cars.
Organizers provided background information and ways to take further action, and got more than 150 signatures on a petition to deliver to our Members of Congress, asking them to go to the border and find out the facts.
More demonstrations are planned. Nationwide, find and/or organize a event. If you’re in the Bay Area, check that list (events are added frequently) and follow the Indivisible East Bay and El Cerrito Shows Up facebook pages. Also, see our articles for actions you can take, including how to pressure our Members of Congress and other ways to help.
Remember these key words:Power, not panic.Those words will help you find the website of the California Immigrant Youth Justice Alliance, which has a treasure trove of info on protecting yourself and your community against ICE and fighting misinformation.
Keep in mind:
First and foremost: Know your rights. Know whether or not you are safe from ICE, and to what extent your immigration status, if any, would be impacted by an arrest.
Document what you see ICE doing. We recommend downloading the ACLU’s free Mobile Justice – CA app, which automatically uploads video from your smartphone to the ACLU Northern California office. This keeps the footage safe if enforcement officials try to delete it or confiscate your phone.
If ICE comes to your home, you don’t have to let them in unless they show you a warrant. They will sometimes wave bits of paper that aren’t warrants around and say that they are warrants; they can and will bend the law to gain entrance to your home.
If you are arrested, remain silent, and ask to speak to a lawyer.
The ACLU has precise instructions on how to handle an ICE raid on your home in Spanish and in English.
“Liberty and Justice for All” – these are words we don’t always associate with this administration’s immigration policy. But Contra Costa Deputy Public Defender Immigration Attorney Ali Saidi informed and inspired a large crowd in El Sobrante on January 27 about “Immigration Realities” and the new, innovative Stand Together CoCo immigrant rapid-response program. Courageous Resistance / Indivisible El Sobrante – Richmond hosted the talk, which was attended by local political leaders, community members, and representatives of progressive groups including Indivisible East Bay and CA-11 Team United.
Saidi outlined Stand Together CoCo, which will officially begin on March 1 and will provide wide-ranging education and support services and some legal consultation and services. Among these services:
Paid community responders will staff a 24/7 hotline to verify and provide accurate information about immigration-related activities reported in the community.
Team members will be dispatched when necessary to respond to reports of ICE raids.
Legal observers will document and collect data.
Community Supporters will provide immediate support to families and individuals who have been targeted or detained.
When possible, lawyers will meet with detainees (at present, there is funding for only three lawyers).
The program will also hold education and support events all over the county, including Know Your Rights, legal consultation and services, workshops for people detained in the West County Detention Facility, clinical consultations, and training for trainers/leadership development.
The audience was eager to hear how it could help, and Saidi provided a Volunteer Interest Form with a variety of ways community members can step up to support immigrant neighbors and friends. The volunteer program, which is being administered primarily by Catholic Charities of the East Bay, is looking for people interested in conducting Know Your Rights presentations or helping with outreach to spread the word about immigrant rights and the hotline; presenters to assist at community meetings; supporters who can accompany people to ICE appointments or help them find resources; and more.
If you want to volunteer to help, please fill out the online volunteer application. Have questions? You can email Joseline Gonzalez Soriano, Stand Together CoCo’s Interim Coordinator, for information. More info will be posted soon on the Catholic Charities’ website.
You can also help by spreading the word about Stand Together CoCo and other rapid response networks. See this list of networks in California to report ICE activity and enforcement. To report ICE action in Contra Costa before March 1, contact Alameda County’s rapid response program, ACILEP, at 510-241-4011.
Saidi, whose family moved from Tehran, Iran, to Los Angeles when he was five years old, recalled that he didn’t really understand the Pledge of Allegiance when he said it in school for the first time, but he liked the sound of the final words: “Indivisible, with liberty and justice for all.” Saidi encouraged the audience to work for “liberty and justice for all,” and emphasized that the words are not a description of what America is but of what it might be – and that “pledge” means committing to putting in the work to reach the goal. We at Indivisible East Bay could not agree more.
Every year Immigration and Customs Enforcement (ICE) detains thousands of immigrants nationwide, including many lawful US residents, for reasons ranging from anonymous tips to criminal arrests. The immigrants are incarcerated in detention centers; as Community Initiatives for Visiting Immigrants in Confinement (CIVIC) puts it, this practice “removes people from their families and communities, endangers their houses, jobs, public benefits and healthcare, and prevents them from adequately defending their right to remain in their home.“
Detained immigrants aren’t provided an attorney to navigate the legal system, and most can’t afford the $3,411 average bond to be released while waiting for a hearing. It’s not unusual for immigrants to wait years for a hearing while remaining behind bars, away from family and unable to work. In 2014, more than 50% of detainees in Northern California had lived in the United States for 10 years or more; 77% had families in the United States; and 65% had jobs before entering detention. Families are literally broken apart by the system. To address this injustice, CIVIC initiated the Bay Area Bond Fund, a revolving fund to ensure that immigrants can fight their deportation cases outside the confines of jail, in their communities, reunited with their family and friends.
Artists for Humanity, a local artist and cultural activist group, is holding a benefit to support the Bay Area Bond Fund on January 28, from 2:30-5:30 PM at Ashkenaz, 1317 San Pablo Ave, Berkeley. The concert features dancers Calpulli Huey Papalotl Cultural Group; musicians Dance Chant; jazz band Humanistic featuring Otoe Mori on saxophone, Greg German on drums, and Vince Khoe on keys; and powerful poetry by local artist and activist Pennie Opal Plant. Suggested donation $10-$30. See more information about the program here.
Sherry Drobner is an adult literacy advocate in the city of Richmond.
On September 19, 2017, the Contra Costa County Board of Supervisors voted unanimously to approve the development of Stand Together CoCo, a county-wide immigrant rapid-response program. The innovative pilot, designed to operate from January 1, 2018 to June 30, 2020, will provide community education and support services for immigrants in Contra Costa, as well as no-cost defense services for low-income county residents at risk of deportation. The program, proposed by the Contra Costa Immigrant Rights Alliance and fast-tracked by the Board of Supervisors, will be managed by the Contra Costa Public Defender’s Office.
On January 27 at 2 PM at Hope Lutheran Church in El Sobrante, Contra Costa Deputy Public Defender Immigration Attorney Ali Saidi will speak about the new rapid response program, including how we can get involved and volunteer. Saidi will also give an overview of local and national immigration realities, including an update on the implementation of SB 54, California’s Sanctuary State bill.
No access to bathrooms, only to plastic bags. Hours-long lockdowns. Federal immigration detainees at the West County Detention Facility have documented these and other complaints in a September letter signed by 27 inmates to Community Initiatives for Visiting Immigrants in Confinement (CIVIC), a group that monitors jails where immigrants are detained.
The Contra Costa County Sheriff – whose office has a $6 million-a-year contract with ICE to operate the immigration detention center – is investigating the allegations of mistreatment raised by the detainees.
The allegations were publicly revealed in a San Francisco Chronicle article on November 2, and the newspaper has further investigated the story:
The reports have raised concerns among state elected officials. Reportedly, Representative Mark DeSaulnier (CA-11) has scheduled a tour of the jail on November 27, and State Senator Nancy Skinner has urged California Attorney General Xavier Becerra in a letter to probe conditions at the jail.
What you can do:
Please call your elected officials and say:
Hi. My name is ___, my zip code is ___, and I’m with Indivisible East Bay. As the SF Chronicle has reported, immigration detainees at the ICE facility at West County Detention Center in Richmond are alleging abuse and mistreatment. Please move quickly to conduct a thorough, independent investigation to insure that their rights are upheld and that conditions do not put their health at risk.
Call State Attorney General Xavier Becerra and ask him to investigate, as Sen. Nancy Skinner has reportedly asked him to do. Public Inquiry Unit: (916) 210-6276 or (800) 952-5225
Other ways to help:
Nancy Burke, of Courageous Resistance / Indivisible El Sobrante & Richmond, is organizing a meeting with the sheriff who runs the West County Detention Center to bring the community’s concerns to her attention. The meeting will focus on 10 points of concern about conditions at the facility. Please contact Nancy by email or phone: (510) 932-9267if you have questions or you’re interested in attending the meeting.
Save the date to help support CIVIC(the group to whom the detainees sent theletter) in their work to end the isolation of West County immigration detainees. Artists for Humanity invites all to an afternoon of music, poetry, and dance, January 28, 2018, 2:30 to 5:00 PM at Ashkenazin Berkeley. The benefit concert (asking for a sliding scale donation) will create a revolving bail fund to be used by West County detainees to reunite with their families and gain legal representation. Email for more information.
Last week we published the first part of an Indivisible East Bay member’s interview with Lara, a DACA recipient. Our last question was whether her parents felt they made the right decision in moving to the United States. Lara ended her response with: “When DACA passed and I was able to go back to school, that alleviated a lot of their guilt and they felt glad I finally had a real chance. But now with what Trump’s done, they regret it all over again and feel guilt all over again for putting me in this situation. I keep telling them, you cannot blame yourself for this.” We continue with Part 2:
How are your siblings handling it?
I think they’re used to me being the strong one. They don’t really ask how I’m doing. Out of my 4 siblings, only one asked me how I was doing after the news. They’re used to me not depending on them. I’ve been so independent for so many years, they assume that I’m okay. They know I don’t allow myself to sit in the pity pool too long. But I know deep down inside, this time around they really are concerned because this administration is not playing; they are really on a mission to make peoples’ lives extremely complicated. Even though they haven’t expressed it, I know that they really are concerned for me this time. I know them and this is their way of not discouraging me.
I think they’re more worried about how I might respond one day, with the wrong person. Not so much if I’m going to get deported, but, for example, if I’m at an event representing Dreamers and someone says something that pushes me over the edge.
Are your siblings politically active?
No, they leave it to me. And it’s so unfair. I tell them, how is it the undocumented one is at the forefront of things? Their answer is “Because we don’t have to. We were born into this privilege.” They haven’t had to fight for anything, so they’re not really concerned.
So…they don’t have to fight for you?
Exactly! And so I said, what about me? “Eh, you’re good at fighting for yourself.” So I envy the families that are there for each other because my siblings live in their own world, chasing their own dreams. I’ve always been so independent, vocal, and active, I guess they’ve never cared to involve themselves because of that. Maybe they see how worked up and exhausted I get, and there’s no off button sometimes, maybe that turns them off. They see how consuming it can be.
But, it’s also because they’re just selfish and immature. I haven’t been home in over 10 years, so they haven’t been there to see me break down. I did it so they wouldn’t have to see how much I suffered. I didn’t want them to see me cry, so I purposefully moved out so they wouldn’t have to see how much I suffered. Maybe that was the wrong thing to do.
You found out about your status when you were in high school. After that, did you see you and your siblings differently?
We were so poor growing up and my dad worked two to three jobs for years. We don’t get Medicaid, food stamps, financial help of any kind, so you depend on your community, neighbors, church. We lived in a two bedroom apartment. Four of us in one room, my parents in the other, until we finally moved to our first house. It was a bad ugly house and my dad and his uncles fixed it up. My siblings all grew up in a house, but I remember living like sardines and dealing with cockroaches.
I’m happy they were able to have their own bed. I’m glad they didn’t have to deal with the cheap Payless shoes and getting bullied for having the same cheap clothes or backpack, and all the things growing up poor entails. But from the very beginning, I always knew we were going to have a very different life.
When I got older after high school, when I saw how hard it was going to be to even find a job, I said I have to get out of here because I don’t want them to see me like this. I was bitter and angry and I resented the situation. I didn’t want to infect them with my bitterness. I had always been the strong, positive, happy, bossy big sister and wanted them to keep that image of me and not the angry, resentful, bitter one. So I moved out. But when I have tried to share what it was like living on my own without them, I feel they don’t want to accept it and instead, play it down.
When you see that people aren’t willing to hear your story for what it is or want to hear what you have to say, then you stop sharing. But, my parents know everything. I shared everything with them, especially the bad experiences with managers and customers who called me every terrible discriminatory name. That’s a bond that my siblings may resent a little bit because my parents understand my pain. I’m grateful that at least I have always had my parents patience, compassion and understanding.
What are your parents going to do?
For now, I think they are going to move to a smaller property. They came for the American dream and they want to leave us an inheritance. They worked very hard and want to leave us houses and properties just like White Americans. They came to break that stereotype and leave a legacy for their children. They won’t let this discourage them. They taught me to be strong. Like most people, they wanted to be more successful and prosperous than their parents. You always want to be more successful than the previous generation. They’re leaving the bar really high for us.
What do they think their lives would have been like if they stayed in Mexico?
I don’t know. My dad probably would have finished being an engineer. But there’s no way they would have been able to give us an education or the safety to do the things we’ve wanted, be involved in the things we’ve been involved in–music, dance, sports, etc. Most of our family is still there. I probably would have grown up knowing my grandparents — I’ve seen them a handful of times, but I don’t know either side. I have no relationship with them or my uncles, aunts, cousins.
How do you think your lives are different than your relatives in Mexico?
It’s black and white. I see pictures of the homes they live in — dirt floors or cement floors. The quality of the houses, the sizes of the room, the clothes they wear, the diet they have — it’s what’s affordable. My parents are seen as more prosperous in comparison.
If we know anyone who is traveling there for the holidays, we always send stuff. Mostly clothes, shoes, school materials — binder paper, pencils, crayons, everything. Money every month to my grandparents to help. My grandparents were blue collar workers and farmers, so there’s little to no pension or retirement. Now that they’re older, we help take care of them and pay their bills. We send what we can. Had we stayed there … I don’t know. I don’t think my siblings would have been able to explore and experiment in the arts, music, and sports the way they have here. I wouldn’t have found a purpose or reason to become socially active at the capacity I have done. It’s safer here — over there, it can mean death a lot of the time if you get too loud or political. Here, at least I know I can be socially active and it won’t cost me my life. I don’t think I would be the person I am. I’d probably be like my cousins — at least we’re here together, at we have food, clothes, a bed. But being part of this country and raised with the idea that you can do better if you sacrifice more and work harder, I can never imagine myself being satisfied with just making it. You always hear about the American dream and reaching for new heights — I wouldn’t have this personality, I think. I wouldn’t be such a fighter, such a life hustler.
You don’t hear about the equivalent in Mexico, “The Mexican Dream.”
There isn’t. I guess the Mexican dream is, you have a little house you can leave for your kid, that you probably built yourself with your parents, siblings and cousins. But here, it’s so different. I’m so proud of my parents for the American dream they’ve accomplished. They have left such an amazing legacy and high standards for us. They came with a baby and a bag of clothes and they’ve accomplished so much, even with their limited legal status. They instilled a work ethic, and stressed that discipline and sacrifice is essential for anything you want. To be willing to always pay that price — so essential for any goal. That’s the Mexican Dream.
When they left, did they know people here?
Yes. They stayed with my mom’s sister for a few months until they had enough money to rent a room. When my mom got pregnant with my brother, we moved to a one bedroom apartment.
Was it common for other aunts and uncles to come to the US?
Yes, but only In the 80s. Just a few of us lived here. My parents are the only homeowners in our entire family. It required extra hard work, extra discipline that many families weren’t willing to do. My parents had a dream, so they agreed on what we were going to have to live without and were willing to do whatever it took. It’s interesting to see that now they’re the only ones among those who came over in the 80’s who are considered “successful”. But so much of what Trump is doing against my community, it’s bringing back a lot of the same anxiety. We’re going to make it. We’ll figure it out as a family the way we always do.
How has your husband been handling it?
He is awesome. Fortunately my husband is a citizen. If both of us were undocumented, it would be double the stress and double the what-ifs. He’s very much like me — very optimistic, positive and he’s also a life hustler. Always finds a way to survive. We’ll find a way and we have faith that God will provide for us as a unit, to help my case and my situation. My husband lets me go through the motions and isn’t judgmental. He doesn’t pretend to understand what I’m feeling, because he’s never experienced my life. HIs patience with me is ridiculous and he’s the most empathetic person I know. He never claims to understand the struggle of being undocumented, though he’s learning what it’s like to be married to a strong undocumented woman!
When you socialize or when he talks to people, I guess he doesn’t talk about your status.
When he thinks of me, he thinks of me the person, so it doesn’t really come up. But folks invited us, for example, on a cruise and I had to explain to them why I couldn’t. We are very honest people and honesty gives opportunities for growth and knowledge. I see it as a way to share my story and help people be grateful for their privilege. There are privileges I have as an undocumented person that I take for granted all the time, like being able-bodied. I don’t mind sharing my story when appropriate. It doesn’t come up as much now, as a couple. In my 20s, I could never order a beer or a glass of wine when I was out with my friends or on a date, but now I have an ID. I never told anyone why until my late 20’s.
Being married has changed a lot about how (politically) active I am. It’s also made it easier to see the priorities. Maybe I should leave all of the rallying and protesting to the younger generation. I feel confident that I served my time. I did that already, in the early years. It’s their turn to take the torch and keep fighting the good fight.
A huge thank you to Lara for sharing her story–this is not the last we’ll hear from her, to be sure. We’d love to hear your comments – you can leave them at this post, or email them to firstname.lastname@example.org.
Learn how to verify Immigration and Customs Enforcement (ICE) activity and be a legal observer to protect our communities from ICE! The Alameda County Immigration Legal and Education Partnership (ACILEP) invites you to join its team of volunteer responders to resist ICE raids and deportations. Rehearse critical and creative tactics for effective action. No legal experience or knowledge is necessary.
Please sign up for one of the volunteer trainings:
When: Tuesday October 3, 6-9 PM
Where: SEIU-USWW; 3411 East 12th Street, Suite 200, Oakland, CA (at Fruitvale BART)
Where: EDEN CHURCH, 21455 Birch St., Oliver Hall, Hayward, CA 94541 (on-site parking available)
The workshop will be held in Oliver Hall, on the north side of the church campus. A free community lunch for all workshop participants will be served at 1 pm in Oliver Hall.
Please REGISTER for either training by filling out this form. Questions? Email email@example.comIf you can’t volunteer please spread the word.
ACILEP, a network of several immigrant rights organizations, provides rapid response and legal services for families targeted by ICE activity. It is a partnership of the Black Alliance for Just Immigration, California Immigrant Youth Justice Alliance, Causa Justa Just Cause, the Interfaith Movement for Human Integrity, Mujeres Unidas y Activas, Oakland Community Organizations, Street Level Health, the Vietnamese American Community Center of the East Bay, Centro Legal de la Raza, and the Alameda County Public Defender’s Office Theater of the Oppressed Assistance from Starr King School for the Ministry.