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LITERATURE AND MATERIALS
| Detention and Deportation Guidance
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Detention and Deportation Background
A March 2008 United Nations report on the status of the human rights of migrants living in the United States including recommendations written by Jorge Bustamante of the UN Human Rights Council.
He notes that "xenophobia and racism towards migrants in the United States has worsened since 9/11" and states that "the United States has failed to adhere to its international obligations to make the human rights of the 37.5 million migrants living in the country a national priority." In
English,
Español,
Arabic,
Chinese,
Russian.
1996 Was a Very Bad Year
by Bryan Lonegan, in PDF format. This discusses two acts passed by Congress in 1996 which dramatically changed the immigration consequences of criminal convictions for lawful permanent residents or green card holders.
Deportation case focuses on definition of torture by Nina Bernstein of the New York Times. This is the case of a 28 year old Haitian who has not been back to Haiti since the age of 11. He has completed his prison time for a cocaine conviction, but now the United States wants to deport him.
Zadvydas v. Davis et al. This 2001 Supreme Court case found that an alien whom the United States wishes to deport cannot be held in detention indefinitely if the deportation is not likely to take place in the foreseeable future because no country can be found to take the person.
Lopez v. Gonzales
In an 8-to-1 decision on December 5th 2006 the Supreme Court rejected the government's interpretation of the Immigration and Nationality Act. An immigrant is not subject to automatic deportation for a drug crime misdemeanor under federal law, despite this being a felony under the state's law.
Read the
Linda Greenhouse story in the New York Times.
Or the
AP article in the International Herald Tribune.
Read the books:
The Politics of Immigration by Jane Guskin and David L. Wilson, Monthly Review Press, 2007. In addition to providing an extensive background on the topic of immigration and the handling of immigrants, chapter 11 "Why do we jail and deport immigrants?" discusses the imprisonment—including prison conditions at the Paterson prison—as well as the deportation of immigrants. Chapter 4 discusses numerous United States laws passed relevant to immigrants.
Enemy Aliens by David Cole, The New Press, 2003. David Cole works for the Center for Constitutional Rights (see below) and writes for The Nation magazine. His book discusses numerous interesting cases of detention and deportation.
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| Indictment of Bush et al.
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Other web sites
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ACLU Immigrant Rights
- The ACLU has been one of the nation's leading advocates for the rights of immigrants, refugees and non-citizens, challenging unconstitutional laws and practices, countering the myths upon which many of these laws are based.
- American Friends Service Committee
- Provides some nice general information about immigration issues.
- Amnesty International
- The Forum is dedicated to embracing and upholding America’s tradition as a nation of immigrants. The Forum advocates and builds public support for public policies that welcome immigrants and refugees and are fair to and supportive of newcomers to our country.
We are unique in that we do not have a specific constituency–we speak for immigration in the national interest.
- Bill of Rights Defense Committee
- BORDC’s mission is to organize and support an effective, national grassroots movement to restore civil liberties guaranteed by the Bill of Rights. We provide organizing strategies and technical assistance people can use in their communities to join in a broad, national, nonpartisan debate about the need to protect the civil liberties of U.S. citizens and non-citizens.
- Center for Constitutional Rights
- The Center for Constitutional Rights is a non-profit legal and educational organization dedicated to protecting and advancing the rights guaranteed by the U.S. Constitution and the Universal Declaration of Human Rights.
CCR uses litigation proactively to advance the law in a positive direction, to empower poor communities and communities of color, to guarantee the rights of those with the fewest protections and least access to legal resources, to train the next generation of constitutional and human rights attorneys, and to strengthen the broader movement for constitutional and human rights.
- Families for Freedom
- Founded in September 2002, Families for Freedom is a New York-based multi-ethnic defense network by and for immigrants facing and fighting deportation. We are immigrant prisoners (detainees), former immigrant prisoners, their loved ones, or individuals at risk of deportation.
Their page The Facts... is worthwhile to read.
- Florence Immigrant and Refugee Rights Project
- The Florence Project is a nonprofit legal service organization that provides free legal services to men, women and children detained by the Bureau of Immigration and Customs Enforcement (ICE), formerly known as the INS.
- Immigrant Defense Project
- The Immigrant Defense Project provides immigration law backup support and counseling to New York defense lawyers and others who represent or assist immigrants in criminal justice and immigration systems, as well as to immigrants themselves. The Project also conducts training programs and produces written resource materials on interrelated criminal/immigration law issues.
- Immigration Equality
- Immigration Equality is a national grass roots organization that works to end discrimination in U.S. immigration law against lesbian, gay, bisexual, transgender and HIV-positive people, and to help obtain asylum for those persecuted in their home country based on their sexual orientation, transgender identity or HIV-status.
- Legal Aid Society
- The Legal Aid Society is the nation’s oldest and largest provider of legal services to the indigent. Founded in 1876, the Society provides a full range of civil legal services, as well as criminal defense work, and juvenile representation in Family Court, ensuring that poverty is not a barrier to accessing the justice system. Our core service is to provide free legal assistance to New Yorkers who live at or below the poverty level and cannot afford to hire a lawyer when confronted with a legal problem.
- National Immigration Forum
- The Forum is dedicated to embracing and upholding America’s tradition as a nation of immigrants. The Forum advocates and builds public support for public policies that welcome immigrants and refugees and are fair to and supportive of newcomers to our country.
We are unique in that we do not have a specific constituency–we speak for immigration in the national interest.
- Mexican American Legal Defense and Educational Fund
- MALDEF's mission is to foster sound public policies, laws and programs to safeguard the civil rights of the 40 million Latinos living in the United States and to empower the Latino community to fully participate in our society.
- New York Times page on Immigration Detention in the U.S.
- The New York Times has important news stories of interest to us. In particular Nina Bernstein has written numerous articles on local New Jersey prison conditions. Also see the important page on Deaths in Detention.
- Proyecto VOS
- Proyecto VOS brings survivors of state-directed violence and other violations of human rigths to speak at colleges, and universities throughout the United States. Through the impact of their presentation and their ability to raise money for social action projects at home, survivors are empowered. Equally important, the survivors' presence enriches the academic community, providing opportunities to become involved in efforts to end violations of human rights.
- Rights Working Group
- The Rights Working Group is a coalition of civil rights, civil liberties, human rights and immigrant rights advocates who seek to develop a coordinated response to policies and attitudes leading to the deterioration of civil and human rights in the aftermath of 9/11. The working group seeks to build a framework that facilitates effective collaboration of communities who, to be effective now and into the future, must be able to understand both the domestic and international implications of their work.
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In The NewsOct. 7, 2009 Report Critical of Scope of Immigration Detention Nina Bernstein New York Times
Oct. 4, 2009 Immigration detainees at Middlesex County jail may move within 10 days Gene Racz my Central Jersey
Oct. 1, 2009 Middlesex County freeholders vote to end contract with ICE for keeping detainees at jail Gene Racz my Central Jersey
Sep. 2, 2009 AG warns NJ police against immigration patrols BETH DeFALCO The Philadelphia Inquirer
Jul. 24, 2009 RIGHTS-US: Byzantine World of Immigration Detention William Fisher IPS News Service
Jul. 13, 2009 Morristown immigrants fearful of new federal enforcement policy Tanya Drobness The Star Ledger
May. 5, 2009 Justices Limit Use of Identity Theft Law in Immigration Cases ADAM LIPTAK and JULIA PRESTON New York Times
Apr. 16, 2009 Avenel man facing deportation sent home credits faith to surprising turn of events RICK MALWITZ myCentralJersey.com
Apr. 15, 2009 Study Says Police Misuse Immigration-Inquiry Rule Nina Bernstein The New York Times
Apr. 15, 2009 Family Secrets Timothy Egan The New York Times
Apr. 2, 2009 Immigrant Detainee Dies, and a Life Is Buried, Too Nina Bernstein The New York Times
Mar. 31, 2009 Highland Park church rallies as member is moved to West Coast facility for deportation RICK MALWITZ MyCentralJersey.com
Mar. 18, 2009 Ill Migrants Left to Languish Behind Bars Ben Case Inter Press Service
Mar. 16, 2009 Immigrants face detention, few rights International Herald Tribune
Mar. 12, 2009 In City of Lawyers, Many Immigrants Fighting Deportation Go It Alone Nina Bernstein The New York Times
Mar. 12, 2009 Priest’s Video Contradicts Police Report on Arrest CHRISTINE NEGRONI The New York Times
Feb. 13, 2009 Detainee and his Dearest Meri find happiness Helen O'Neill NJ.com
Feb. 13, 2009 100,000 Parents of Citizens Were Deported Over 10 Years MICHAEL FALCONE The New York Times
Feb. 10, 2009 Letter Sarah Ignatius The New York Times
Feb. 4, 2009 Target of Immigrant Raids Shifted Nina Bernstein The New York Times
Feb. 4, 2009 Monica Yant Kinney: Two stories, both with good endings Monica Yant Kinney The Philadelphia Inquirer
Feb. 1, 2009 Monica Yant Kinney: An American dream cut short Monica Yant Kinney The Philadelphia Inquirer
Jan. 15, 2009 U.S. Issues Scathing Report on Immigrant Who Died in Detention Nina Bernstein New York Times
Jan. 8, 2009 Ruling Says Deportation Cases May Not Be Appealed Over Lawyer Errors John Schwartz The New York Times
Dec. 26, 2008 City of Immigrants Fills Jail Cells With Its Own Nina Bernstein The New York Times
Dec. 10, 2008 ACLU to Unveil New Immigration Report at Human Rights Forum Press Release ACLU of NJ
Oct. 18, 2008 Activists want Middlesex County to stop holding immigrant detainees in jail GENE RACZ Home News
Oct. 5, 2008 Death of Detained Immigrant Inspires Online Game With Goal of Educating Players Nina Bernstein The New York Times
Sep. 11, 2008 A Matter of Justine Jane Guskin The Huffington Post
Aug. 17, 2008 Mr. Ng’s Death Editors The New York Times
Jun. 11, 2008 IMMIGRATION RAIDS AND DETENTIONS Senator Robert Menendez Senator's website
Jun. 5, 2008 Thin ICE Jacqueline Stevens The Nation
Jun. 3, 2008 The Great Immigration Panic The New York Times
May. 22, 2008 DHS Will Face Questions on Care of Detained Immigrants Spencer S. Hsu Washington Post
May. 14, 2008 Rally planned Thursday in New Brunswick to protest holding of immigrant detainees GENE RACZ Courier News
May. 13, 2008 Menendez introduces companion bill - medical care for immigrant detainees after news of 2 NJ deaths kwilkinson BlueJerseyDotCom
May. 13, 2008 A Surgeon’s Path From Migrant Fields to Operating Room Claudia Dreifus New York Times
May. 12, 2008 Careless Detention: A Series of Four Articles Dana Priest and Amy Goldstein The Washington Post
May. 6, 2008 Death by Detention Editorial The New York Times
May. 5, 2008 For Immigrants Who Died in U.S. Custody, Few Details Provided Nina Bernstein The New York Times
May. 1, 2008 Immigrants Challenge U.S. System of Detention Nina Bernstein The New York Times
Apr. 28, 2008 Christie: Illegal immigrants aren't criminals JULIE O'CONNOR Star-Ledger
Apr. 19, 2008 Activists: Detainees lack health care in jail Gene Racz Home News Tribune
Mar. 15, 2008 Petition cites detainee's death Ken Serrano Home News Tribune
Mar. 8, 2008 Immigration Policy in U.S. Is Criticized by U.N. Aide AP New York Times
Feb. 26, 2008 Study: Incarceration rate lower for immigrants Jill Tucker San Francisco Chronicle
Oct. 27, 2007 Jail conditions spur federal judge to cut inmate's sentence nj.com
Sep. 12, 2007 New Jersey voices added to U.S. report SAMANTHA HENRY Herald News
Jun. 26, 2007 New Scrutiny as Immigrants Die in Custody NINA BERNSTEIN New York Times
Jun. 17, 2007 US judge says jail officials can force-feed starving immigration detainee PR-inside,com
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