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Huge increase in removals of people from Haiti part of the Title 42 nightmare

The CDC order is designed to accomplish under the guise of public health a dismantling of legal protections governing border arrivals that the Trump administration has been unable to achieve under the immigration laws.  Lucas Guttentag, Just Security

Between October 5th and October 20th, ICE Air Operations flew 10 “deportation” flights to Haiti. All except one flight departed from Laredo, Texas, the other left from Brownsville. From April of this year, until late September, ICE deportation flights to Haiti occurred about once every other week. These flights were rarely full – though confirmation of numbers is never available from ICE. So, what happened?

Over the last two weeks, what we’ve seen are not deportations in the regular sense. If someone is deported that is the last step in a series of activities after a person has been deemed removable from the interior, or inadmissible at the border. In other words, prior to a deportation there is a process within which one can fight for asylum, or against removal on other grounds. These processes have many problems, but there is nevertheless an opportunity to present evidence and seek relief from removal prior to a deportation.

What we have been seeing over the last two weeks is something different. These flights are part of a different program involving the summary expulsion of people; none of whom have had any realistic chance to apply for asylum. They have been apprehended by Border Patrol and then quickly removed.

The basis for these removals is a March 20, 2020 order issued by the Centers for Disease Control and Prevention that effectively closes the border to all non-essential travel, claiming authority under Title 42 of the Public Health Services Law. These “Title 42” removals have been ongoing since March, leading to the expulsion of 200,000 people (data accessed Oct. 22). Under the provisions of the order, people are removed immediately to the last country of transit (for 99% of people apprehended this is Mexico), or sent to their home country if Mexico can’t (or won’t) receive them. According to the administration, 90% of the people apprehended at the border are expelled within 2 hours.

When the order was issued, Mexico said that it would only accept people expelled if they were Mexican nationals, or from Honduras, Guatemala or El Salvador. This means people from elsewhere, eg., Haiti, Cuba, Venezuela, Pakistan, Cameroon, etc. could not simply be turned back to Mexico (though no doubt many have been anyway). What has happened to them?

There has not been much information about this. From advocates we know who are working with Haitian migrants, people being detained while awaiting their Title 42 expulsion are not given an Alien (“A”) number like someone officially detained. Which means they can’t be tracked. As a result it is difficult to get a good picture of where people are being held. From press reports we know that some families and unaccompanied children have been placed in hotels until they can be flown out. Over the last two weeks we heard that many of the people from Haiti who were being expelled were being held at an ICE facility in Val Verde County, not far from Laredo where most of the flights departed from. Neither of these locations comports with the CDC guidance on temporary detention for those who can not be immediately expelled. Such detention is supposed to be in a designated space within a Border Patrol facility, or under a tent or other soft-sided shelter (e.g. temporary facility to minimize contact).

The recent increase in expulsions to Haiti is also related to a recent increase in the number of Haitians being apprehended by Border Patrol. The Customs and Border Patrol media office for the Del Rio sector issued a release on Monday saying that 1,800 people from 26 different countries had been arrested over a two week period, 25% (450) of them were from Haiti. I have not been able to confirm numbers from other sectors, but it seems likely that the number of people who are attempting entry is increasing rapidly across the board as borders south of Mexico have begun to open again. Border Patrol apprehensions totaled 54,711 in September (48,327 were Title 42 expulsions). I requested information from the CBP media office in the Del Rio sector concerning where people were being held and if they were being tested for COVID, and received no response.

So, what we have been seeing over the past two weeks is the mass expulsion of Haitians under Title 42. Most of this increase in removals seems to be the result of increased border crossings, though it is possible some families and unaccompanied children who have been detained for longer periods are also part of the increased expulsions. 

Title 42 went into effect as a 30 day measure, but has been renewed indefinitely. It is important to point out that it was also NOT an initiative of the CDC. The order was the brainchild of Steven Miller, Trump’s hardline immigration advisor. CDC officials initially refused to implement it, saying there was no public health justification for such an extreme measure – though they ultimately went along with it under pressure from the White House. What is clear is that Trump has used COVID-19 to do what courts had previously denied him: blocking asylum, even for people already on U.S. soil. The hundreds of expulsions to Haiti last week were the result of this policy, along with 200,000 other people removed under this order since March.

 

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Deterrence has never worked, time for a different approach

For years U.S. border policy has focused on one overarching strategy, with many different tactics: Deterrence. The idea behind deterrence is that if the consequences of unauthorized migration can be made punitive enough, people will stop trying. It doesn’t work. It has never worked. For example, in the late 1990’s, as part of the Clinton administration’s “prevention through deterrence” approach, border walls were built through urban areas along the U.S./Mexico border in order to drive people trying to cross the border into the desert. The policies did not stop migration, but thousands of people have died in those deserts as a result:

Experts can only guess at the true number of lives lost over the last two decades. At a minimum, more than 7,000 people have perished, though the true total is guaranteed to be higher. During the 1990s, the Office of the Pima County Medical Examiner dealt with an average of 12 migrant deaths annually. Over an 18-year period beginning in 2000, once prevention through deterrence was humming along, that number rose to 155 per year. According to the medical examiner’s office, 2,943 sets of human remains have been found in southern Arizona from 2000 to the present.

Writing in January of 2017, just before Trump took office, the Women’s Refugee Council, KIND and Lutheran Immigration and Refugee Services issued the report, Betraying Family Values in which they documented that,

As a matter of procedure and policy, border agents routinely separate family members, including intentionally, as a punishment  – or “consequences- through what DHS calls its Consequence Delivery System (CDS). The consequences are meant to deter future migration, often regardless of international protection or other humanitarian concerns.

‘CDS’ was implemented in 2005, and employed by both the Bush and Obama administrations. For example,

As families fleeing violence in Central America began making headlines in 2014, the Obama Administration implemented an aggressive deterrence policy designed to stop families from seeking protection in the United States. The Administration prioritized all recent border crossers as enforcement priorities and vastly increased the use of expedited removal and detention of mothers arriving with children.

None of this worked – but it did establish precedents for Trump to use and abuse. Yet, even as Trump has elevated the consequences severely, people have kept coming. Indeed, the highest spike in Border apprehensions in over a decade came in the year AFTER the child separation fiasco ushered in by Trump’s “zero tolerance” policy, and after the administration’s decision to detain nearly all asylum seekers. Last fiscal year (2019) the number of border patrol apprehensions reached 859,501, more than double the year before (404,142), and almost triple Trump’s first year in office (310,531). The crisis at the border throughout the spring and summer of 2019 was very real of course, but it was driven by Trump’s failed policy agenda, not asylum seekers.

The utter failure of Trump’s deterrence policies, however, have only led the administration to try even more punitive measures. Asylum seekers are no longer even admitted into the United States until after hearings before an immigration judge. 60,000+ people have been redirected to Mexico to await these hearings since January of 2019. When the hearings finally started last summer they were a fiasco. Only 1% of those who have received a hearing were granted asylum. When the COVID pandemic was declared, there were still 25,000 or more people along the U.S./Mexico border living in camps, or scraping by on the streets of Mexican border towns, waiting. Since March, the hearings have been suspended, and the border itself closed under an order by the Centers for Disease Control and Prevention. This order, dubious in origin, has led to the summary expulsion of close to 200,000 people. As a result of forcing people into crowded conditions to wait out the pandemic, the effect of the order has been to create a public health crisis on the border – not prevent one. 

And yet, people are still coming. Despite all of the above, there were more Border Patrol apprehensions in September of 2020 than September of last year, and the number is only increasing. Why?

People end up at our borders from all over the world. Many are fleeing violent conflicts and the collapse of livelihoods from a variety of environmental and economic factors. Those from Central America, which make up the largest portion of asylum claims, are fleeing well documented violence at the hands of gangs, the state, or partners. Doctors Without Border issued a study just before the pandemic, based on 480 interviews and 26,000 medical records, showing that 45.7% of the people from Central America migrating through Mexico were fleeing violence – 75% of families. In one of the few empirical studies disagregating various causal factors behind migration, the Center for Global Development (2017) showed that there was a direct relationship between the murder rate in Guatemala, El Salvador and Honduras and youth migration to the United States, irrespective of U.S. border policy, which made no significant difference in the decision to migrate. The study shows that from 2011 to 2016, “the violence-migration relationship was driven by events in the region and was unaffected by changes in U.S. immigration policy during the period.”

The impacts of climate change, in the form of drought, coffee rust, and food insecurity is probably the single biggest push factor behind migration in recent years, though it can be hard to separate climate impacts from the violence that grows out of the resulting scarcity. Even Customs and Border Patrol documented crop loss as a primary reason for migration – a finding ignored by the Trump administration, which actually cut assistance to mitigate crop loss in the region among other cuts in aid; cuts made as a punishment for countries’ in Central America not doing enough (in Trump’s mind) to stop migration!(?)

The impact of COVID-19.

The last six months have only deepened the crises in Central America. Economic growth has collapsed, driving even more people into poverty. Prior to COVID-19, Latin American economies were projected to grow about 1.9% this year. In September of 2020 the International Monetary Fund revised its estimate, anticipating a regional contraction of 9.4% – a negative swing of 11.3%.  Mexico is among the hardest hit economies, expected to contract by over 10% this year. 

Gang violence has seen a slight reduction in Honduras, Guatemala and El Salvador, largely due to the curfews in force in all three countries. Nevertheless, the rate of killing is on the upswing as the curfews end. Honduras and Guatemala each saw just under 2,000 murders this year by the end of August. Mexico is still home to half of all the active gangs in Latin America and half of the related deaths. Gender based violence has increased in Central America during the pandemic, as it has elsewhere. In Honduras 45 women had been killed in domestic disputes by the end of May. Reports of gender based violence were up 70% in El Salvador and 65% in Mexico. State violence also increased across the region as governments sought to enforce draconian lockdowns measures with force. Honduras used the pretense of enforcing its lockdown to arrest dozens of opposition political activists. 

Finally, as countries from the U.S. to Panama closed their borders in the spring, migrants already on the journey from Haiti, Cameroon, Pakistan, India, Cuba, Venezuela and elsewhere, were detained throughout Central America. These people are attempting to continue their journeys now – at least those able to. Many are now arriving at the U.S./Mexico border. During the first two weeks of October, Border Patrol arrested 1,800 people from 26 different countries in the Del Rio sector in Texas. One fourth (450) were from Haiti. Almost all were flown out over the space of a week, with no chance to apply for asylum. 

The lesson here is that even with the border closed, and asylum off the table, people are still coming. And the numbers will only increase in the coming months. Deterrence has not worked. It will not work as long as economies weaken, climate change destroys livelihoods and violence leaves people with no other choice but to migrate. Indeed, for the foreseeable future, forced, survival migration will remain the norm with peaks and valleys in the movement of people, but it won’t end. Not with a wall, moat, machine gun turrets, lasers and drones. It is beyond time to acknowledge the global crises underlying displacement and stop acting like the resulting migration is something being done to us. 

So, another four years of Trumpian antics won’t work. And a return to the Obama standard of massive deportations, high tech border toys and “consequence delivery systems” won’t either. What might? Well, it has already been shown that dollar for dollar, spending money on violence prevention programs targeting youth in Central America is far more effective at reducing migration than expanding the Border Patrol or changing asylum rules. Helping people mitigate the immediate impacts of climate change will do more to reduce refugee flows than 100 or 500 more miles of border wall. More importantly what these measures signify is an important truth: Treating all people with dignity is actually a better way to get results. We are all in this together, after all. Better we start acting like it. 

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New Hens in the Hen House

On 11 August, 2020, the hen house celebrated the one-year anniversary of the arrival of the first 1,000 hens. The hen house provides low-cost eggs to community groups for resale in the local market. The Quixote Center helped fund the solar powered water pump for the hen house. The hen house is committed to using feed that is 100% grown locally. This is a goal that is close to being met.

On October 15, 700 more hens arrived. To prepare for the arrival of the new hens, room A2 was cleaned and the hens from room A1 were moved to A2. Room A1 was then cleaned and whitewashed. Below we share some photos of the new arrivals checking out the new digs.

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What is it going to take? Abolish ICE and FreeThemAll

Three weeks ago Dawn Wooten, formerly a nurse at Irwin County Detention Center, came forward with accusations that a doctor had performed medically unnecessary hysterectomies on many women who were at the Irwin Center under the custody of Immigration and Customs Enforcement. Irwin is run by a private, for-profit company, LaSalle Corrections. From a story in Vice, “In interviews with Project South, a Georgia nonprofit, multiple women said that hysterectomies were stunningly frequent among immigrants detained at the facility. ‘When I met all these women who had had surgeries, I thought this was like an experimental concentration camp,’ said one woman, who said she’d met five women who’d had hysterectomies after being detained between October and December 2019. The woman said that immigrants at Irwin are often sent to see one particular gynecologist outside of the facility. ‘It was like they’re experimenting with their bodies.’” The Associated Press did a follow up investigation after these reports surfaced. They were not able to confirm all of Dawn Wooten’s accusations, but did find a pattern of issues including a lack of consent for surgeries and medical procedures performed by Dr. Mahendra Amin: An Associated Press review of medical records for four women and interviews with lawyers revealed growing allegations that Amin performed surgeries and other procedures on detained immigrants that they never sought or didn’t fully understand. Although some procedures could be justified based on problems documented in the records, the women’s lack of consent or knowledge raises severe legal and ethical issues, lawyers and medical experts said. Pramila Jayapal, Representative from Seattle, led a letter to the Department of Homeland Security signed by 170 members of Congress that demanded an investigation into these reports.  In covering this story, The Guardian recalled the history of forced sterilizations in the United States – something that is not exactly ancient history. “In the 1960s and 70s an increase in federal funding for reproductive health procedures combined with racist and anti-immigration sentiment led to “tens of thousands” of women of colour being sterilized, including Native Americans…And by the 1970s, a third of all women in Puerto Rico had undergone sterilization procedures, the majority of which were involuntary, as part of US attempts at ‘population control’….In California prisons, between 1997 and 2013 about 1,400 people were sterilized.” Alexandra Minna Stern, professor of history at the University of Michigan and director of the Sterilization and Social Justice Lab told The Guardian, “Anyone who’s studied the history of sterilization abuse would look at this detention center and say this is the kind of place where sterilization abuse is likely to occur because all of the conditions that enable such medical malfeasance and reproductive oppression, they’re all in place.” The allegations have brought all eyes onto the Irwin County Detention Center and LaSalle Corrections. However, the issue of medical neglect in ICE custody is a systemic issue. Two weeks ago two different House committee reports on ICE detention practices made this point. Both reports included damning evidence of a history of neglect and malpractice.  The first report came from the House Committee on Homeland Security.  Noting that “ICE appears to prioritize obtaining bed space over the wellbeing of detainees in its custody”, the Committee “discovered a concerning pattern of ICE contracting with facilities that are poorly equipped to meet ICE’s own detention standards. This includes facilities, particularly in Louisiana [home of LaSalle Corrections], that had a well-publicized history of abuses prior to contracting with ICE. It also includes those facilities that have had longstanding contracts with ICE but have demonstrated an inability to comply with standards that affect the health and safety of detainees even after being repeatedly called out for violating those standards by DHS’s own inspection processes.” The primary findings of the committee was that ICE’s oversight of private contractors was inadequate. Oversight was poorly conceived, advance warning was given of inspections, the contractors hired to do inspections were ill prepared, problems, when found, went uncorrected and contracts continued to be extended regardless of patterns of abuse. On medical neglect in particular,  The Committee repeatedly heard from detainees that their medical complaints were frequently dismissed. The most common complaint was that, whatever the issue, detainees would be given common pain relievers unless the symptoms were emergent. At LaSalle, migrants described a system that depended on non-medically trained people to make health care decisions. For example, if a person was experiencing pain, the guard in the housing unit might tell them to wait to go to the doctor until the morning. Even if they made it to see health professionals, migrants at LaSalle described medical personnel making fun of their complaints. Migrants held at Otay Mesa also recalled being told to prioritize “one problem at a time” and not raise multiple concerns when visiting health professional. And they had to wait days for a trip to the hospital for treatment or examinations. Sixty Migrants at Adelanto similarly complained about having to wait months to receive medical care for medical issues.  The second report came from the House Committee on Oversight and Reform. This report contained more recent developments, particularly regarding ICE’s medical neglect as it applies to COVID-19 prevention. The findings, however, were largely the same. ICE facilities fail to provide adequate medical services, and yet ICE continues to contract with the same companies. Commenting on a review of audits of detainee deaths, the Committee notes, “[t]hese documents reveal serious and widespread violations of ICE’s health and safety standards, negligent medical care, unsanitary living conditions, understaffing, poor record keeping, and critically delayed emergency care.” In relation to infectious diseases, the track record is truly damning:  For example, in 2018 and 2019, an outbreak of the mumps infected nearly 900 detainees in 57 ICE detention facilities across 19 states. Documents also contain examples of improper treatment for tuberculosis, HIV, and in one case, an allegation of “grossly negligent” medical care when an ICE detainee died of meningitis in 2018. These persistent deficiencies could aggravate the spread of coronavirus in DHS facilities. ICE has confirmed more than 6,000 detainees and 45 ICE staff have been infected with coronavirus at over 95 detention facilities. Information obtained by the Committee shows that as of mid-July 2020, more than 600 GEO Group and CoreCivic employees working in at least 29 facilities also tested positive. Many ICE facilities, including those that house children, have had repeated sanitation problems, including dirty and moldy bathrooms, insufficient clean clothing, unsanitized dishes, dirty food preparation and service areas, and a lack of soap, toilet paper, paper towels, clean razors, and other hygiene items. During fiscal year 2020, twenty-one people have died in ICE custody. Eight of the eleven people who have died since May have died of COVID-19. Now what? So, over the last two weeks we’ve witnessed a damning whistleblower report on an ICE facility, alongside several follow up investigations supporting parts of this report, while exposing even more abuses. We’ve also seen two congressional committee reports that detail repeatedly how ICE is negligent in the care it provides. Further, the negligence in medical care has led to deaths, and the explosion of COVID-19 in its facilities. The reports this last week note that ICE private contractors are not held accountable. Indeed, the oversight regime in place now is a complete failure.  I have no idea what it will take to move members of Congress to actually act. There is a bill circulating in the House, unlikely to make it out of committee within the time span left to this Congress. The Dignity for Detained Immigrants Act. The bill calls for minimizing the use of detention overall, phasing out of the use of contractors (private and governmental) in order to keep all detention facilities under one clear authority that is then tightly monitored based on a comprehensive set of standards. It was introduced last year. If not this bill, then something at least as comprehensive must be moved in the next Congress. This is not something that really needs to be studied any more. Detention is unnecessary, and private detention facilities are brutal. Period. We have known this for years. Enough is enough.
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Title 42: Another day, another policy, another COVID-19 lie

On March 19 the Centers for Disease Control and Prevention (CDC) issued an order that blocked people from coming across the border. Under Title 42 of the Public Health Services Act border agents have been empowered to expel people as soon as they are encountered, with no access to traditional due process, and thus no ability to pursue asylum claims. The order has also been deployed to deny unaccompanied children access to asylum claims and other basic support. The result of this order is the expulsion of 154,000 people between March 19 and the end of August; 8,800 of them unaccompanied children. The vast majority of people are expelled back to Mexico, though people who are not from Mexico or Central America are sent elsewhere – presumably their home country, but there is little actually known about these folks. Some children, and families, mostly from Haiti, were found to have been put into hotels in Texas and Arizona until they could be removed. People detained, however briefly, under Title 42 are not given alien ID numbers (“A” numbers) that would allow them to be tracked while in detention. In effect, they disappear into the system until they can be removed. Family members are unable to find them, and they have no access to attorneys.

The impacts of Title 42 expulsions have rippled out in all directions from the border. In Mexico it has meant further crowding at the border among those trying to wait out the current crisis and continue their efforts to pursue asylum or other relief in the United States. Others have been forced back through Mexico to the border with Guatemala. Since March, they have been forced to wait until that border re-opens (it has in the last two weeks). Along the way, migrants look for places to stay in shelters that dot the landscape in Mexico. Staff with our partners in the Franciscan Network on Migration, for example, have noted there are more people traveling south these days than north.

Within the United States, Title 42 expulsions have led to a dramatic decline in detentions – as people apprehended at the border are now being expelled rather than transferred to Immigration and Customs Enforcement to be held while awaiting processing of their immigration status and/or asylum claims. Fewer people in ICE detention is a good thing, but the underlying reasons are not good – as people are in effect still being detained (halted from moving forward), but removed from oversight. Conditions within ICE detention facilities remain abysmal despite the lower numbers. Fiscal Year 2020 just ended, and during that year twenty-one people died while in ICE custody, the most in over 15 years. So, one of the chief stated purposes of Title 42 expulsions – to enhance safety for detention staff and detainees already in the United States, is patently false.

For those of us working on immigration policy, Title 42 was never a “good idea” simply administered badly. From the beginning it was clearly an effort to weaponize the COVID-19 response to do what the Trump team had otherwise been denied doing by the courts: Kill the asylum process and otherwise close the border to immigrants. It is also, one hopes this is because it is poorly understood, a popular policy, with a majority of U.S. Americans supporting it. That support has raised questions about whether Biden would actually suspend the order should he win the election. Given recent disclosures he absolutely must suspend the order.

Why? If one had any doubts about the duplicitous rationale behind Title 42 expulsions, news came this weekend that the CDC had originally refused to issue the order because there was no public health reason to do so. In fact, the order did not originate with the CDC at all. Rather, it was Trump advisor Stephen Miller’s brainchild. From the Associated Press:

“That was a Stephen Miller special. He was all over that,” said Olivia Troye, a former top aide to Pence, who coordinated the White House coronavirus task force. She recently resigned in protest, saying the administration had placed politics above public health. “There was a lot of pressure on DHS and CDC to push this forward.”

CDC doctors resisted implementing it for weeks because it would do no good in slowing the spread of coronavirus. Eventually Vice-President Pence was brought in to get it done. He called the CDC and told them to issue the order, “or else.”  [“They forced us,” said a former health official involved in the process. “It is either do it or get fired” in AP report] The order was issued the next day.

“The decision to halt asylum processes ‘to protect the public health’ is not based on evidence or science,” wrote Dr. Anthony So, an international public health expert at Johns Hopkins Bloomberg School of Public Health, in a letter to Redfield in April. “This order directly endangers tens of thousands of lives and threatens to amplify dangerous anti-immigrant sentiment and xenophobia.”

The order was initially supposed to last for one month as an emergency measure – but that was a lie as well. Indeed, Miller made clear immediately upon implementation that he viewed this as a long-term approach

Of course, amplifying dangerous anti-immigrant sentiment and xenophobia is precisely the point. It’s an election year after all. Calling the current administration out on its hypocrisy and lies seems almost pointless at this stage. But we take note in the hope that one day, perhaps, there will be some accountability. Shuttering the border and denying people legislatively guaranteed protections based on false pretenses has to be illegal….right? We’ll see. 

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Project Lorax

     Agronomy team distributes 7,000 trees in Perou as part of Project Lorax

For those who have followed the trajectory of deforestation in Haiti through the years, one of the most common causal themes raised is the use of trees for charcoal production. Charcoal is still one of the principal fuels used in Haiti for cooking. People in rural areas can cut trees for charcoal production and sell them to brokers who then turn the wood into charcoal cubes. Some folk make the charcoal themselves to use and sell. Charcoal is probably over emphasized as a cause of deforestation (with the added effect that it places the blame on the survival strategies of the rural poor, not the large landowners that have driven them to poverty, or the agricultural policies that have undermined land distribution). That said, charcoal production is certainly part of the problem – at least if it is done in an uncontrolled way. 

Recognizing that people rely on the coal making process as a means to earn money, the outreach team at the Jean Marie Vincent Formation Center launched “Project Lorax,” which is an effort to plant trees while also encouraging the sustainable use of some of those trees for charcoal production. The goals of the project are thus adapting to the reality that people are facing, while working with them to create a different kind of lived environment.

So, how does this work?

Project Lorax has been conceived as a three-year program. The members of the agronomy team (Teligene, Aneus, and Jollete) are working with 117 families in Perou, all of whom have a common goal/need and that is to raise funds to ensure their children can participate in school. For many years, the families in the area participated in coal production as a means to earn an income. The agronomy team is helping them continue to do this, but in a way that ensures there will be more trees in the ground when they are done. This is done by creating monetary incentives to plant and nurture the trees over time, until some can be harvested for charcoal.

During the 1st year, the families planted 40,000 trees. During years 2 and 3, each family will receive a small stipend of 10 HTG for each tree that is still living. Families must have 60% of the trees still living (they could replant on their own to reach this threshold if needed) in order to qualify for the “star planter stipend.” 

The trees that were planted are fast growing, and regenerate themselves easily from shoots. The idea is to harness something the families already know how to do (make charcoal) but do it in a more intentional & sustainable manner. Project Lorax purchased the trees from 3 tree nurseries – including our nursery at Grepen. The project also provided the families with 50% of the compost that they would need for the trees, and the families produced the other 50% of the compost. 

After three years, the trees are supposed to be large enough to harvest for charcoal. which means the families will make charcoal to pay for school rather than receiving the cash incentive for growing their trees. Because the trees are fast growing, rotating the planting and harvesting of the trees in three year cycles means that families should always have trees for charcoal, while others trees are still in the ground and growing. 

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ICE paid out $500 million for empty beds in FY 2020

Currently the number of people being held by Immigration and Customs Enforcement is just over 20,000. This number has fallen off dramatically from the all time high of over 55,000 registered last August (2019). At the beginning of the current fiscal year (Oct 1, 2019) there were still over 53,000 people being held. Which means that over the last 12 months there has been a 62% fall off in the number of people in ICE detention. ICE contracts with 175 different facilities around the country to hold people. Many of these facilities are run by county sheriffs or state departments of corrections. However, the larger facilities, which in total hold close to 75% of the people in detention, are run by private companies, the largest are CoreCivic and the GEO Group, followed by LaSalle Corrections.  With a collapse of nearly 62% of the number of people being held, you’d expect these companies to really be hurting. But they are not. The reason they are not on the verge of collapse is because the contracts for managing most of these facilities guarantee payment for a minimum number of beds, whether those beds are occupied or not. Indeed, across the 44 private facilities that have a guaranteed daily minimum, the total number of people they are guaranteed to get paid for is 30,242.  (See full ICE stats YTD here) In those same facilities, the average daily population for the whole year was just 22,006 – or 8,236 a day below the guaranteed minimum. So, over the course of this year, which ends on September 30, the federal government has paid for an equivalent of 3,014,376 days of detention for empty beds (remember it was a leap year!). The actual amount that companies get paid for beds per day in individual contracts is not public. However, the funding enacted for ICE detention in FY2020 was $3.1 billion, based on an anticipated daily average of 50,126 beds, or an average cost of $168.97 per bed per day. This means that, based on the average daily bed costs in the budget enacted this year, ICE may have paid as much as $509,339,113 for empty beds in FY2020.    Daily averages for the year aside, it is worth pointing out that at this moment there are 20,000 people in detention in the entirety of ICE’s network. And the companies housing three fourths of them are still getting paid for 30,242 people a day. (To be clear, we are not advocating ICE fill those beds.) With all of the extra money, you’d think services would have improved. But no. Health services remain abysmal – and even in the midst of a global pandemic, ICE contractors cannot be bothered to provide adequate services for people in detention – or for their own staff. Indeed, the companies are cutting staffing levels and services given the lower overall numbers, not providing better services.  For CoreCivic’s part, revenue in the second quarter of 2020, the peak time of the COVID-19 crisis, and the lowest detention rates in 20 years, was still $471 million. This, they note, was down just 3.6% from the first quarter (which puts revenue for the first half of 2020 near $1 billion). On an investor call in August, company leadership made clear that the guaranteed minimums have insulated the company somewhat from the overall decline in ICE detention. Asked if ICE or the US Marshal service was trying to renegotiate the minimums at this time, Damon Hininger, CoreCivic’s President and CEO, responded, “No. So it is the contrary.” He then noted the recent 10-year extension for their contract at the T Don Hutto detention facility in Texas, and the expectation of a 10-year extension for their contract at the Houston Processing Center – the oldest private detention facility in the country – as evidence of ICE’s commitment to maintain “detention capacity.”  The GEO Group had revenue of $588 million during the second quarter of this year. On a recent investor call, company directors also discussed the decline in ICE detention but noted that “most of our GEO Secure Services contracts contain fixed price or minimum guaranteed payment provisions.” For both GEO and CoreCivic, the guaranteed minimums are crucially important for cash flow and “investor confidence.” The GEO Group was also able to celebrate another 10-year deal for an ICE facility in southern Texas. ICE seems hell bent on protecting both of these companies from lost revenue. As I’ve written before, the reason detention numbers are so low is that the Trump administration has effectively closed the border – summarily expelling 175,000 people since March 19, 2020, many of whom would have otherwise been transferred to Immigration and Customs Enforcement’s detention network. Stephen Miller wants to keep the border closed indefinitely. The GEO Group and CoreCivic do not. So, while the first three years of Trump’s presidency were sort of a bonanza for these companies, the last year has been a struggle (in the way that a 3.6% decline in revenue for companies that make billions off incarcerating people is a “struggle”). Oddly enough, what this means is that a Biden victory is probably better for them in the short term, as Biden has indicated he will overturn the order that closed the border. Of course, prior to Trump taking office, Biden was part of the administration that set the previous record for detention rates, with a daily average of over 38,000 people in 2016. That administration also signed many of the sweetheart contracts with daily minimums that are keeping these companies afloat today. Capitalism surely makes for strange bedfellows, even when most of the beds are empty. 
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Political violence and U.S. policy in Haiti

Guns handed in at the start of a disarmament, demobilisation and reintegration program in Port au Prince 2017 (Photo: Sophia Paris/UN Photo, Creative Commons)

The notorious paramilitaries of the past, the Tonton Macoute and FRAPH may be gone today, but the people of Haiti are once again under the threat of the presence of armed groups acting with impunity.  The use of armed gangs by political actors in Haiti (and many other places, including the U.S.) to “keep order” is hardly a new phenomenon. However, over the last several years, as protests against the PHTK government have grown, these gangs have been mobilized in what seems a coordinated fashion. They are heavily armed, and have engaged in multiple attacks on communities.

At the moment, the spotlight is on former police officer Jimmy “Barbecue” Cherizier, who now fronts a gang confederation (the G9) that rules the Port-au-Prince neighborhoods of Delmas and Bel Aire. As a police officer, Cherizier was implicated in massacres at Grand Ravine and La Saline.

At Grand Ravine, in November of 2017, police attacked community members inside a school – killing 9 people. Some were killed execution style, and several appeared to have been shot in their homes nearby and then dragged to the school. The operation was supposedly launched by police in response to gang activity, but was clearly more complicated than that. UN units were present but did not intervene. The massacre was largely ignored outside of Haiti. In U.S. media, only Jake Johnston of Center for Economic and Policy Research covered the story in detail – in a piece published in the Intercept in January of 2018.  Johnston interviewed, Rovelsond Apollon, an observer with a local human rights organization working in Grand Ravine, who discussed the connection between the police, politicians and local gangs:

It’s not just that politicians exert control over the police, Apollon said — they are involved with the gangs themselves. His organization has interviewed young people with heavy weaponry that is not easy to acquire, he explained, and they said the weapons had been provided by politicians. “Politicians and authorities are not innocent in what happened, because they, too, play their part in the violence,” he said. The politicians, for their part, have not publicly addressed these accusations.

A year later, the neighborhood of La Saline became the sight of another massacre.  As in Grand Ravine, initial reports made the attack seem like an internecine battle between gangs trying to control the area. But further investigation laid out the role of the police who coordinated with gangs, allegedly operating with the support of Moise allies. It is now argued that the motivation for the attack on the community was at least in part retaliation for its mobilization in protests against the current government. According to a report on the attack following a Haiti Action Committee and National Lawyers Guild delegation, Cherizier publicly admitted taking part in the attack, with his police units blocking roads to keep people from leaving the community. The total number of people killed is not known. Many bodies were burned, some left in the street where remains were eaten by pigs and dogs. The Réseau National de Défense des Droits Humains (RNNHD) was able to identify at least 71 people murdered based on interviews with community members. 

Cherizier was forced out of the police in December of 2018. However, rather than end up in jail, Cherizier has re-emerged  at the head of the G9, a confederation assembled with the support of the current government. Journalist Etant Dupain wrote last week:

During an explosive radio interview on Radio Magik9, earlier this month, one of the most influential members of President Jovenel Moise’s commission for disarmament (known as the CNDDR), Jean Rebel Dorcénat, stated that it was his idea for several gang leaders to join together to form a federation, which has now become the gang named G9. He later walked back the statement, and clarified to say that he was not responsible for creating the G9, but he did, however, advise gang leaders to form an alliance in order to make the disarmament commission’s job easier.

When the alliance was announced, armed groups rallied in Port-au-Prince. The police were nowhere to be found – but their equipment was on display. The Washington Post reported, “When Cherizier’s men took to the streets in June, witnesses claimed to have seen them ride in the same armored vehicles used by the national police and special security forces. Justice Minister Lucmane Delile denounced the gangs and ordered the national police to pursue them; within hours, Moïse fired him.”

Dupain’s article was written in the context of the G9 engaging in massive attacks against the community in Bel Air over the last two weeks.  These attacks have displaced thousands of people, many of whom are now living in a soccer field in Solino.  Cherizier is not hiding – indeed, he regularly appears in the streets, and moves freely despite an active arrest warrant.  

Meanwhile, members of the national police have violently protested the arrest of police captain Pascal Alexandre, driving through Port-au-Prince setting cars afire, and even torching the office that archives voter registrations. This so-called Fantom 509 force has become a frightening presence in the capital, and remains unchallenged by Moise and his allies. 

For his part, Moise has responded to the moment by trying to consolidate his position. Ruling by decree since January – there are only 11 elected officials serving in office in Haiti right now – he has pressed forward with an electoral commission and set of constitutional reforms that would strengthen the presidency. The electoral commission is devoid of the usual representatives of civil society, and has been denounced by the opposition. Three weeks ago, the head of Haiti’s Port-au-Prince bar association, Monferrier Dorval, was assassinated in front of his home just hours after giving a radio interview in which he expressed doubts about constitutional reforms being proposed by the government. 

Into this setting the U.S. State Department has entered with the kind of patronizing rhetoric and threats we have come to expect. A State Department official stated “Frankly, I have to say I’m a little bit tired of every group, every opposition party in Haiti saying, ‘Well, I won’t appoint my person,’ or ‘We won’t have an election,’ or ‘We won’t run in this until you meet all of my political demands…That’s not democracy. And so we are quite insistent on this, and it’s going to start to have consequences for those who stand in the way of it.” So, the U.S. government’s position is that the opposition must allow the PHTK and Moise to consolidate its power, “or else.” The U.S. government, it is worth noting, is the chief bankroll behind Haiti’s national police: 

Earlier this month, the State Department notified Congress that it was reallocating $8 million from last year’s budget to support the HNP. Since Trump took office, the US has nearly quadrupled its support to Haiti’s police — from $2.8 million in 2016 to more than $12.4 million last year. With the recent reallocation, the figure this year will likely be even higher. US funding for the Haitian police constitutes more than 10 percent of the institution’s overall budget.

So, as thousands come to the street with vision, with hope, and, for some, in desperation, demanding a revolution of political and economic forces, they face not just the local bourgeoisie and their armed defenders, but the U.S. government, with it’s bankroll, weapons and saccharine imperial pronouncements about good government.  Pierre Esperance of the RNNDH told Etant Dupain, “The worst part is that the international community continues to support a government that is in bed with gangs and is responsible for nine massacres in the country. I have not seen anything like it since the departure of Jean Claude Duvalier.”

Finally, responding to the State Department, Bob Maguire said, “This thing about ‘It’s going to have consequences for those who stand in the way,’ well, it already has consequences….They are getting shot. They are getting beat up and they’ve been demonstrating in the streets for years about the lack of any kind of responsible democracy in the country. These are people who are already suffering the consequences of Haiti’s failure.”  This failure is bought and paid for by the U.S. government.

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Has hell finally ICE’d over?

Every once in a while I wonder if this administration has hit the bottom in its maltreatment of people who are seeking a new life in the United States. Family separation? Can’t go much lower than that, right? A few months later Trump is forcing refugees into camps in Mexico, where they become targets of gangs, to await an opportunity to make asylum requests?  This must be it. I mean come on! Then the administration is expelling unaccompanied children and others with no due process of any kind under the guise of a public health response to COVID 19.  90% of these people, the administration proudly claims, are expelled within 2 hours of being encountered. For those not expelled immediately, things aren’t great. As you’ve read, some of the kids are held in hotels, out of the reach of attorneys who might support them. Absolutely horrifying, right? Yeah, but then…. 

The news this week sinks the administration’s practices to a whole other ring of hell. I hesitate to say it can’t get much worse…. 

First came the news that the Trump administration transferred people from detention sites with high rates of coronavirus infections to sites in Virginia simply because it wanted to fly federal agents to D.C. to monitor Black Lives Matter protests. Yes, the administration wanted to fly in extra agents, and federal procurement laws do not allow them to use charter planes. So, the work around this policy was to have the agents “accompany” people being transferred between ICE facilities – even if there was no other reason to transfer them.

The result of this experiment in absolute carelessness was a massive outbreak at the ICE detention facility in Farmville, Virginia, where basically everyone at one point was testing positive for coronavirus. From the Washington Post:

The Trump administration flew immigrant detainees to Virginia this summer to facilitate the rapid deployment of Homeland Security tactical teams to quell protests in Washington, circumventing restrictions on the use of charter flights for employee travel, according to a current and a former U.S. official.

After the transfer, dozens of the new arrivals tested positive for the novel coronavirus, fueling an outbreak at the Farmville, Va., immigration jail that infected more than 300 inmates, one of whom died.

U.S. Immigration and Customs Enforcement said the agency moved the detainees on “ICE Air” charter flights to avoid overcrowding at detention facilities in Arizona and Florida, a precaution they said was taken because of the pandemic.

But a Department of Homeland Security official with direct knowledge of the operation, and a former ICE official who learned about it from other personnel, said the primary reason for the June 2 transfers was to skirt rules that bar ICE employees from traveling on the charter flights unless detainees are also aboard.

This news was followed by a whistleblower’s report about medical neglect at an ICE facility in Irwin, Georgia, operated by LaSalle South Corrections. The failure to take appropriate precautions against coronavirus was bad enough – a problem well documented in many facilities in ICE’s network. However, the real shocker in the report was testimony that a large number of women had received medically unnecessary hysterectomies while in custody. I mean…. 

From Vice:

The complaint, filed on behalf of several detained immigrants and a nurse named Dawn Wooten, details several accounts of recent “jarring medical neglect” at the Irwin County Detention Center in Ocilla, Georgia, which is run by the private prison company LaSalle South Corrections and houses people incarcerated by Immigration and Customs Enforcement (ICE). In interviews with Project South, a Georgia nonprofit, multiple women said that hysterectomies were stunningly frequent among immigrants detained at the facility.

“When I met all these women who had had surgeries, I thought this was like an experimental concentration camp,” said one woman, who said she’d met five women who’d had hysterectomies after being detained between October and December 2019. The woman said that immigrants at Irwin are often sent to see one particular gynecologist outside of the facility. “It was like they’re experimenting with their bodies.”

In one case, Wooten said, a woman who ended up with a hysterectomy was not properly anesthetized and overhead the doctor say that he’d taken out the wrong ovary. That woman had to go back and get her other ovary removed as well, Wooten said.

The Associated Press did a follow up investigation after these reports surfaced. They were not able to confirm Dawn Wooten’s accusations, but did find a pattern of issues concerning lack of consent concerning surgeries and medical procedures performed by Dr. Mahendra Amin:

An Associated Press review of medical records for four women and interviews with lawyers revealed growing allegations that Amin performed surgeries and other procedures on detained immigrants that they never sought or didn’t fully understand. Although some procedures could be justified based on problems documented in the records, the women’s lack of consent or knowledge raises severe legal and ethical issues, lawyers and medical experts said.

Receiving less attention is a lawsuit involving another whistle-blower, Brian Murphy, who detailed a number of incidences of administration officials intentionally lying to Congress. The whistle-blower knows this because he is an intelligence official who briefed Kristin Nielsen and others on the content of their congressional testimony, only to have corrections ignored because they did not fit the narrative. A particularly damning part of the legal brief is Murphy’s contention that he was ordered to seek out and fire “deep state” intelligence analysts by Cucinelli, because depictions of conditions in Honduras, Guatemala and El Salvador were making it too easy for people to get asylum! Yeah. From the brief…

Mr. Murphy made a protected disclosure to Mr. Glawe in December 2019, regarding an attempted abuse of authority and improper administration of an intelligence program by Mr. Cuccinelli. In December 2019, Mr. Murphy attended a meeting with Messrs. Cuccinelli and Glawe to discuss intelligence reports regarding conditions in Guatemala, Honduras, and El Salvador. The intelligence reports were designed to help asylum officers render better determinations regarding their legal standards. Mr. Murphy’s team at DHS I&A completed the intelligence reports and he presented them to Mr. Cuccinelli in the meeting. Mr. Murphy defended the work in the reports, but Mr. Cuccinelli stated he wanted changes to the information outlining high levels of corruption, violence, and poor economic conditions in the three respective countries. Mr. Cuccinelli expressed frustration with the intelligence reports, and he accused unknown “deep state intelligence analysts” of compiling the intelligence information to undermine President Donald J. Trump’s (“President Trump”) policy objectives with respect to asylum. Notwithstanding Mr. Murphy’s response that the intelligence reports’ assessments were consistent with past assessments made for several years, Mr. Cuccinelli ordered Messrs. Murphy and Glawe to identify the names of the “deep state” individuals who compiled the intelligence reports and to either fire or reassign them immediately. 

After the meeting, Mr. Murphy informed Mr. Glawe that Mr. Cuccinelli’s instructions were illegal, as well as constituted an abuse of authority and improper administration of an intelligence program. Mr. Murphy also informed Mr. Glawe he would not comply with the instruction to fire or reassign the alleged “deep state” officials based on nothing more than perceived political differences, and that Mr. Murphy would report the matter to DHS OIG if 10 improper actions were taken to do so. Mr. Glawe concurred with Mr. Murphy’s assessment and Mr. Cuccinelli’s instructions were never implemented. 

You can read the full brief here.

Of course, if one was going to round out the bad news this week, you’d have to include the 9th Circuit Court’s decision to green light Trump’s efforts to dismantle Temporary Protected Status for people from Nicaragua, El Salvador, Haiti and Sudan. The ruling likely also impacts TPS for Honduras. If there is an upside at all it is that implementation will be pushed back past the election. So, the final determination of TPS’ future will be decided as a result of the presidential election. Should he win, Biden has stated his commitment to reinstate TPS for these countries (no guarantee). Another upside, is that for people from Haiti, this ruling will in essence be set aside pending the outcome of a separate case also before the courts (Saget v Trump), and thus the validity of current TPS holder work permits for people from Haiti will almost certainly be extended to September 2021 – no matter what happens in November of this year.  

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Masak, Haiti: Fighting for the right to breathe

Just outside of Masak

Are we capable of rediscovering that each of us belongs to the same species, that we have an indivisible bond with all life? Perhaps that is the question – the very last – before we draw our last dying breath. Achille Mbembe, The Universal Right to Breathe (translated Caroline Shread)

Masak is a small village that straddles the border of the Northwest and Artibonite departments in northern Haiti. Over the years the division of Masak and surrounding areas across departments has underscored an intra-communal conflict going back generations. Young people today have no idea how it started, but from time to time, fighting will break out, and they get drawn in. Today, however, the intensity of the violence is magnified by the availability of high-powered weapons, and the general environment of insecurity driven by armed groups who operate in a space of impunity – often protected by political actors, or facing a police force ill equipped and unwilling to help.  

The latest round of violence was kicked off when a young woman from the north was robbed on one of the mountain trails that connect Masak to La Pierre and Mayombe in the communal section of Pendus. This was in March, and over the next several months, fighting led to the burning of nearly 50 homes in the area. In mid-August, during a particularly intense weekend, 22 houses were burned and at least five people were killed. One estimate of the total number of people killed in the recent fighting is 21. People have died from gunshot wounds and smoke inhalation. Some show signs of having been beaten. The armed groups have also stolen livestock, leaving displaced families with nothing. 

School in Masak, abadoned due to the violence

As a result of the violence, people have fled the mountain area near Masak for nearby La Pierre, the main population base of Pendus.  The refugees in La Pierre report preparing “go bags” so they can leave immediately with some basic items if the gangs come out of the mountain to attack. Father Sylvio opened St. Joseph’s Church to young people to use as a school over the summer, and has invited students to join with others at the parish grade school in La Pierre. As a result, the school has doubled the number of students in some grade levels. The school’s presence is taken as a positive sign, demonstrating Father Sylvio’s commitment to the area, and so the people are standing with Father Sylvio for now.

Three weeks ago Father Sylvio organized a conference on conflict resolution with community leaders from the mountain areas near Masak. Following the meeting, someone leaked the names of the attendees to gang leaders, and several were then attacked, including one who was shot. Many of the leaders are now ¨mawon¨ or hiding deeper in the mountains. 

Meanwhile, in early September, Father Sylvio made an official report of the violence to the local police. Geri Lanham, who works with Father Sylvio through an education program, reports, “When he described the guns that the bandits are carrying, the local PNH [Haitian National Police] said that they can’t do anything because they already know that they are outgunned.” Father Sylvio also approached a military police unit stationed in Gonaives. They were aware of the conflict, but noted the last time they got engaged, one of their officers was shot. They are said to be investigating, including links to weapons being trafficked across the border with the Dominican Republic.

St. Joseph’s Church in La Pierre

For now, the community waits. In Pendus, the sound of gunfire can be heard coming from the mountains most nights. The gangs seem to have plenty of ammunition. Meanwhile, in Pendus, as in much of Haiti, everyone else seems to be on their own.  There is little expectation that the state will step-in, and, even if it did, no one is particularly excited about inviting a large scale police operation. The struggle in Pendus is now one for recognition. For the lives lost, and more so for those that remain. A friend working in the community writes, “they want to have a resolution so that they can return to their communities up in Massak and Mawotye and not be afraid that they might have to run from La Pierre in the middle of the night under a hail of bullets. They want to be able to plant in their gardens and send their children out to play without the background noise of gunshots reverberating from farther up the mountain.” Put another way, the struggle is simply to have the right to breathe freely, to live, recognized and protected. 

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