Things That Matter

ICE Is Taking Advantage Of Migrants Who Can’t Read Or Write In Their Court Proceedings

Last summer, images of undocumented immigrant children went viral. These images didn’t show them crying, or being taken away from their parents. These children were pictured alone in court. The nameless children had no one by their side, no one to represent them, and had no clue what was going on, despite the fact that they were there trying to seek asylum. In some cases, these children wore headphones as a means to translate what the judge was saying. However, given that they were just children, the translation was almost useless. Reports are now servicing that immigration officials are using the language barrier as a means to keep them out of the U.S. 

An op-ed, written by a volunteer at the border, states that asylum-seeking immigrants cannot read or write in English or in their native tongue and immigration officials are taking advantage of that.

Emily Reed, a recent grad student from Barnard University, wrote an op-ed in The Washington Post that stated she witnessed this manipulation from immigration officials against illiterate undocumented people. Reed was at the border in Texas volunteering with classmates at the South Texas Family Residential Center volunteering with the Dilley Pro Bono Project when she witnessed this manipulation. 

“U.S. Customs and Border Protection often conveniently exploit asylum seekers who cannot read. Along with an unfamiliarity with our deliberately complex immigration system, the illiteracy of Central American migrants, especially women, facilitates the deportation of parents and separation of families,” Reed wrote. She added, “By manipulating illiterate refugees who often unwittingly sign away their rights, the U.S. government is violating the basic tenets of the internationally recognized and protected right to seek asylum.” 

Reed added that her volunteer program with the legal center provided Spanish documents to the migrant families, but they couldn’t under that either.

“Simple translation is not enough,” she wrote. “The Dilley Pro Bono Project provides documents in Spanish, but even this paperwork was difficult for many migrant women to understand. Many women I helped to fill out paperwork struggled simply to write their children’s birth dates.”

The migrant families are being rushed within the court and legal process, which in turn, is causing deportation to happen a lot faster.

Last year, the American Civil Liberties Union (ACLU) reported that the haste paperwork at the border made it possible for immigration officials to rush and deport undocumented immigrants. The ACLU stated this process should not be rushed because people need to take their time and understand what is going on and what it is that they’re signing. 

“This waiting period is crucial to ensure that parents have an opportunity to make an informed decision about whether to fight their own removal cases, leave their children (who may have their own asylum claims) behind in the United States, or make some other decision,” the ACLU stated lasted year. “In short, families will be making life-altering decisions after months of traumatic separation — and the fact that the government is trying to shortchange them a matter of days to do so is galling.”

A New York Times report showed that 58,000 asylum seekers are currently stuck in Mexico under Trump’s policy because they’re awaiting asylum hearings.

The backlog for these asylum hearings is up to six to eight months, and when they’re ready for their hearing the majority of them won’t understand what needs to be done. This is why they need proper representation, and a patient legal system so they comprehend what is being asked of them and what the next steps are. 

What makes this matter even worse is that there’s not enough legal representation for each family unit, or individual, at the border. 

Last year, it was very apparent that there were not enough lawyers or legal help for undocumented immigrants at the border, and this year there’s even more undocumented people awaiting help and attempting to seek asylum. There people like Reed who want to help asylum seekers, but it’s not as easy as they might think. 

“People see the crisis happening, and they want to do something right now, which is great. But when we explain that this is a long-term fight, and we need your long-term commitment. That’s when people sort of back off.” Zenén Jaimes Pérez, the communications director at the Texas Civil Rights Project, told Huffington Post last year. 

If, however, you are willing to put in the time, or you’re interested in learning more about how you can provide legal help, or assist legal teams at the border, please reach out to: the South Texas Pro Bono Asylum Representation Project (“ProBAR”); the Immigration Justice Project (“IJP”); the ACLU of Texas; and RAICES.

READ: Selena Gomez Announces New Netflix Series ‘Living Undocumented’

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

Gerald Herbert / Getty Images

In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

Credit: Eric Risberg / Getty Images

Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

Credit: Joseph Sohm / Getty Images

For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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The Trump Administration Just Announced That They’re Banning TikTok Downloads Starting on Sunday

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The Trump Administration Just Announced That They’re Banning TikTok Downloads Starting on Sunday

On Friday, the Trump administration announced that it would be blocking future downloads of social media app TikTok starting on midnight on Sunday.

“At the President’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data, while promoting our national values, democratic rules-based norms, and aggressive enforcement of U.S. laws and regulations,” said Commerce Secretary Wilbur Ross

The Trump Administraiton is also taking action against the popular messaging and payment app WeChat, banning American companies from hosting the app’s internet traffic or processing transactions for the app (one of its key features).

Both TikTok and WeChat are the two most popular tech exports from China.

via Getty Images

TikTok is a popular video-sharing platform that allows users to share 15-second videos of themselves dancing and lip-syncing to popular music (among other things). The app recently exploded in popularity, racking up 99.8 million downloads in the first six months of 2020.

TikTok and WeChat have both been recent targets of the Trump administration due to their data-collection practices.

TikTok, specifically, has recently come under fire for violating Google privacy policies. TikTok collects and documents massive amounts of data from their users, like videos watched and commented on, location data, device type, and copy-and-paste “clipboard” contents. The app even records people’s keystroke rhythms as they type.

The Trump Administration has long been suspicious of TikTok’s data-collection, speculating that TikTok might be sending the data to the Chinese government.

The Trump administration has argued that such massive amounts of data in the hands of a foreign government is a threat to national security. TikTok denies that they are handing over the data to the Chinese government.

TikTok, for their part, are not hiding their displeasure about the ban, releasing a public statement saying: “We will continue to challenge the unjust executive order, which was enacted without due process and threatens to deprive the American people and small businesses across the US of a significant platform for both a voice and livelihoods.”

This isn’t the first time TikTok has gone toe-to-toe with the Trump administration. The social media company sued the administration in August after Trump signed an executive order enacting broad sanctions against the app. TikTok claimed that the order denied the company of due process.

The TikTok ban is making waves because it marks the first time the U.S. has banned a tech app on the basis of national security concerns.

But some critics are saying that there doesn’t seem to be much rhyme or reason behind the ban. “It just feels to me to be improvisational,” said cyber-security expert Adam Segal.

Both TikTok users and concerned Americans have taken to the internet to express their anger at the Trump administration’s decision.

“Don’t be mistaken folks,” said one Twitter user. “Sunday it will be TikTok. Tomorrow it will be twitter, FB, Instagram…you name it…We must protect free speech!”

Another pointed out the hypocrisy of Trump targeting China when he doesn’t seem to be as concerned about Russia meddling in our internet affairs. “I live in a world where TikTok is a threat to national security but Russian interference in our elections is not,” she said. “This is Trump’s America.”

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