“The blue earth won’t perish,” 75 years after the bomb

The cloud in this photo is from the fires caused by the bombing of Hiroshima.

Seventy-five years ago today bombardiers on an U.S. B-29 called the Enola Gay dropped the first atomic bomb on Hiroshima. The pilot, Paul Tibbets, call-sign Dimples 82, could only muster a “My God!” as the bomb detonated 1,600 feet above the ground, instantly killing 100,000 people, and condemning a generation of survivors to days, months or years of illness. Following the bombing of Hiroshima, President Truman said, “If they do not now accept our terms they may expect a rain of ruin from the air, the like of which has never been seen on this earth.” Three days later the U.S. dropped a second bomb, Fat Man, on the city of Nagasaki. 

Over a three day period, the United States government authorized the murder of 200,000 civilians with the dubious claim that doing so saved lives. And despite the horrors unfolding, the intent was to keep dropping the bombs – another raid was planned for August 18. Japan surrendered on August 15, 1945.


Hiroshima after the bomb

Nagasaki after the bomb

In Japan, the survivors of the atomic bombings are called hibakusha. For decades there was a real stigma in being hibakusha. People feared that radiation sickness might be contagious, or that the effects could be passed down through generations. Allied, mostly U.S. forces, which occupied Japan until 1952, helped generate the silence surrounding the bombings and their survivors. 

The Allied forces, led by the US Occupying force, General McArthur, had censored all information, including the scientific and literary publications about the bombings – for instance film reels were confiscated, along with scientific specimens and doctors’ records. These were then shipped off to the US. The hibakusha, who were examined medically, for the famous Life Span study (the longest study of radiation effects in existence) were, in general, not interviewed for their experiences, except for a very few psychological studies.

Instead, the hibakusha were the unwelcome reminder of an unknown, unclassifiable event, something so unimaginable society tried to ignore it.

In 1957, a law was passed so that those hibakusha who had illnesses that could be traced back to the bombing were able to receive medical stipends to pay for their care. (For some years, the government failed to recognize as hibakusha non-Japanese survivors, especially thousands of Koreans who had been brought to Japan as laborers during the war and then died in — or  survived — the bombings.) Even so, it has only been in the last decade or so that the stigma of being hibakusha has lifted. Of the 650,000 people who survived these bombings, 120,000 were still alive in 2016.   

A nijū hibakusha refers to someone who survived both bombings. While as many as 165 people have been identified as nijū hibakusha, the only person to be officially recognized as such by the government of Japan is Tsutomu Yamaguchi. From Nagasaki, Yamaguchi was in Hiroshima on a business trip for Mitsibushi on the morning of August 6:

At around 8:15 am…Yamaguchi heard a plane circling above the city, and then saw something drop from it. Two small parachutes were visible in the distance, carrying a big object that was slowly making its way towards the ground in the center of the city. Yamaguchi was about 3 km away when suddenly a blinding flash of light went off. The explosion aggressively pushed Yamaguchi back and severely burnt the left side of his upper body. Confused and in pain, with ruptured eardrums and temporarily blind, he managed to crawl into an irrigation ditch before making his way into a shelter for the night. 

Yamaguchi returned to Nagasaki on August 8. With just bandages as treatment for his wounds, he was back at work at his office in Nagasaki the next morning. While explaining what he saw in Hiroshima to his boss, who was doubtful a single bomb could do such damage, the second bomb struck. Yamaguchi survived the second bombing – as did his wife and young son. 

In 2010, the year Yamaguchi died of stomach cancer, a book of his poetry was published in English for the first time. The book, titled, “And the River Flowed as a Raft of Corpses,” contains 65 poems translated by Chad Diehl. The poems are “tankas,” a poetry form, which like haiku, has a specific rhythmic structure (which constrains translation). On surviving:

Carbonized bodies face-down in the nuclear wasteland
all the Buddhas died,
and never heard what killed them.
Thinking of myself as a phoenix,
cling on until now.
But how painful they have been,
those twenty-four years past.
If there exists a GOD who protects
nuclear-free eternal peace
the blue earth won’t perish.


World War II was not a “great” war. It was a global travesty involving the slaughter of tens of millions of people in the name of “great powers” competing for global position. That such a war ended in tragedy is somehow fitting. The atomic bombings provided the segue between the old global order of European imperialism and the new, U.S. imperialism launched under the reign of terror that is the threat of nuclear annihilation. We still live under the shadow of the bomb. And so, we must remember the source, and all the brutality associated with those bright lights in the morning skies above Japan in August of 1945, and vow “never again.”

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Toto Constant is still in jail, pressure increases for his prosecution

Constant arrives in Haiti, June 23, 2020

Emmanuel “Toto” Constant, the notorious leader of the paramilitary Revolutionary Front for the Advancement and Progress in Haiti (FRAPH), which is estimated to have killed 3,000 people, and engaged in thousands of beatings, rapes and acts of torture from 1993 to 1994, was deported from the United States on June 23, 2020. Constant was one of 37 men convicted in absentia in 2000 for their responsibility for the Raboteau Massacre. At the time of the trial, Constant was allowed to live in the United States under an agreement with the Clinton administration. The massacre, which took place in April of 1994, was just one of the many crimes Constant committed, but the only one he has been tried for. Now back in Haiti, he is entitled to a new trial. The question is whether he will get one, or if his friends in the current government will find a way to dismiss the charges and let him go.

Over the last two weeks there have been some encouraging signs and also points of concern. On July 10, the presiding judge in the Gonaives court that has jurisdiction of Constant’s case indicated that he may have to release Constant because the court did not have a copy of the charging document from the 2000 trial. As this was perhaps the most famous human rights trial in Haiti’s history – indeed one of the most important in the western hemisphere – the charges were also published in the official state gazette, and exist on several websites. So, the judge’s comments were largely seen as disingenuous, and, perhaps more importantly, an indication that the court was looking for any reason to let Constant out.

In response, many mobilized to express their opposition to Constant’s release and to demand prosecution. The United Nations High Commissioner for Human Rights, former Chilean president, Michele Bachelet, said, “Impunity destroys the social fabric of societies and perpetuates mistrust among communities or towards the State. Accountability helps prevent feelings of frustration, bitterness and the possible desire for revenge which could lead to further violence and atrocities….It is essential for victims to obtain justice, truth and reparations, and for their dignity to be restored.”

This week the Association of Victims of the Raboteau Massacre also organized a press conference and demonstration in Gonaive, calling for Constant’s prosecution, as well as the prosecution of others convicted in the 2000 trial, including Jean Robert Gabriel, the current assistant chief of staff in Haitian President Jovenel Moïse’s reconstituted army. Video below from the demonstration (in Haitian Creole).

Association of Victims of the Raboteau Massacre Demonstration in Gonaives

The Institute for Justice and Democracy in Haiti issued a briefing paper on the Raboteau massacre trail, which includes, “a historical overview of the de facto military regime that perpetrated, among other atrocities, the Raboteau Massacre; the resulting proceedings and Trial; and the subsequent dismantling of the tangible justice that the Trial had delivered to the people of Haiti. The briefing concludes by identifying actions that the government of Haiti should undertake to reverse that trajectory and return and rebuild Haiti’s demonstrated capacity to deliver accountability to its citizens.” You can read the full briefing paper here.

For more background on the Raboteau massacre trial, you can also watch the documentary Pote Mak Sonje (in English and with English subtitles)

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Rogue State: The U.S. and immigrant detention in the time of COVID


On July 22, a federal court in Canada declared that sending refugees back to the United States violates those refugees’ fundamental rights: “The Court found that sending refugee claimants back to the U.S. violates their Charter right to liberty and security of the person because many of them are arbitrarily detained in the US in immigration detention centres or county jails, often in atrocious conditions and in clear contravention of international standards.”

At stake in this ruling was a “safe third country” agreement between the United States and Canada, through which people entering Canada from the United States seeking asylum could be sent back to the United States as a “safe-third country.” The court declared that the United States was not, in fact, safe; and thus sending refugees back to the United States violated their rights. Canada’s government has 6-months to withdraw from the agreement with the United States. 

It is not really news that the United States has become a country unsafe for immigrants, particularly those who end up in immigration detention centers. But it is definitely newsworthy that a Canadian court has spoken out. Will it matter in the long run?

The problems with these facilities have been well documented for years. They include the abuse of solitary confinement, often employed as punishment, including for periods extending past the three-day limit, beyond which the tactic has been declared a form of torture. People in detention have insufficient access to medical services, including mental health services. Such services are almost uniformly supplied through private contractors who have been repeatedly shown to be more concerned with the bottom line than providing adequate care. Facilities are unsanitary, often overcrowded, and thus, at high risk for the rapid transmission of communicable diseases. Beyond these conditions, which are consistent with those found throughout the United States’ carceral network of jails and prisons, is the simple fact that detention is an unnecessary, and typically arbitrary response to people who have, in most cases, violated no law. Seeking asylum, for example, is legal no matter how one arrives within the country. 

The United States’ response to COVID-19 has only magnified these long-observed, structural deficiencies. Within Immigration and Customs Enforcement’s network of detention facilities, there has been little change in operations since the pandemic was declared. People are routinely transferred between facilities – a primary means of spreading the disease. Within facilities, overcrowding and inadequate sanitation remain a serious problem, and poor quality healthcare is an obvious hurdle to treatment. That ICE has simply continued with the same standards of “care” is not surprising, however, the result is a pandemic within ICE detention facilities. 

According to official numbers, as of July 28 (they change daily), 3,868 people have tested positive for COVID-19 since February. Of these, 963 people are still in custody. The number of people currently in detention facilities is 22,067. That is an infection rate of 4.4%. However, a majority of people currently in custody have not been tested. More than 68,000 have been “booked-in” to an ICE facility since February – and at the beginning of February there were nearly 40,000 people already in custody. So, of the 100,000 people that have cycled in and out of these facilities since February, only 19,092 have been tested. Which is to say, an overall 4.4% infection rate among current detainees is incredibly high, and yet, certainly a serious undercount.

Of course, the distribution of COVID-19 is not even. There are facilities that are at crisis levels of infection. The worst is Farmville in Virginia, where 80% of the people being held have tested positive for COVID-19. Four people currently being held have sued ICE and the detention facility itself, noting

“[H]arrowing conditions inside the detention center, with large numbers of people exhibiting symptoms of COVID-19 yet not being provided the most basic medical care. The plaintiffs have also been served expired, uncooked, or undercooked food and food infested with bugs. They claim that ICE and ICA-Farmville’s actions not only violate the Consttution but also violate ICE’s own standards for providing medical treatment and food services to detained people.” 

To be clear, this is no act of nature beyond the control of authorities. “ICE transferred 74 people, 51 of whom had COVID-19, from facilities with known COVID-19 cases in Arizona and Florida into ICA-Farmville in June.” ICE’s carelessness is putting the lives of the people in Farmville at risk.

ICE’s lax standards have also impacted staff. At the Eloy Detention Center in Arizona, 128 people, or 41% of the total staff at the facility, tested positive three weeks ago. ICE doesn’t even report staff’s infections anymore on their website (there is a number [45] but it has not changed in weeks) and when they report, it is only ICE in-house staff – not private contractors working for ICE such as the people at Eloy. 

Franciscan Father Jacek Orzechowski prays over 300,000 petition signatures during a rally July 27,2020, outside the U.S. Immigration and Customs Enforcement headquarters in Washington. The petition demands the agency release children currently in detention, but the building’s security detail would not accept the signatures. (CNS/courtesy Franciscan Action Network)

Families and children held in ICE custody are also in crisis. COVID-19 is present in the two main ICE family detention facilities, Dilley and Karnes, both in Texas. A federal judge ordered ICE to release all of the children in its custody. However, the judge had no authority over the parents. ICE is refusing to release the parents and the parents have refused to be separated from the children. As a result, the judge was forced to declare the previous ruling unenforceable on Monday. The Trump administration is also engaged in summary expulsions at the U.S./Mexico border – over 69,000 people have been expelled since mid-March! This includes children and families, some of whom have been hidden away in hotels until they can be deported, and thus denied access to any due process. 

Let’s face it, as the ruling in Canada underscores, the United States is a rogue state. While many other countries are engaged in various abuses against migrants, the United States really does stand out as exceptional, with the largest detention infrastructure in the world and a series of policies that have decimated the asylum process and destroyed tens of thousands of lives in the process. What to do about this? Join with us and other members of the Detention Watch Network in creating a resounding call to free everyone in detention – for public health and humanitarian reasons. On the legislative side, join us in calling on members of Congress to vote for the Immigration Enforcement Moratorium Act. Together we can continue to organize a voice of moral opposition to violent detention practices and save lives in the process. 

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Taste The Nation

Taste the Nation, a new series on the streaming network Hulu, is hosted and produced by Padma Lakshmi, best known as the host of Top Chef. An immigrant herself, Padma wanted to research immigration in the US in the wake of Trump’s election and the US’s latest anti-immigrant wave. Recognizing the power of food, she chose it as the lens to frame the topic. Through 10 episodes, the show explores 10 popular foods in America. As we learn the history, techniques and rituals that surround the food, we are also shown the history of the people making it, particularly their migration story. The immigration policies that impacted them, both current and historical, are also highlighted.

It is often said that the United States is a nation of immigrants. However, that statement negates an entire group of people and mischaracterizes the history of another. 

There are people whose ancestors have always lived here in the Americas and episode 7 explores the rich food traditions of the Apache and the impact of colonialization on those traditions. The episode starts with fry bread. A food many are familiar with and often considered traditional. But the episode quickly explains that fry bread is a food that was developed out of a necessity to use the commodity food rations given to indigenous people by the United States government, after forcibly removing them from their traditional land and food sources. Though it may be tasty, it is a painful symbol of colonialization, displacement and genocide. The episode goes on to highlight the amazing bounty of food that the Arizona desert provides.  Foods such as prickly pear fruit, barrel cactus fruit, onions, and small game such as rabbit or pack rat. Indigenous chefs are reclaiming the recipes and cooking techniques of their ancestors that have been erased and nearly lost. They are reclaiming the medicinal, healing properties and health benefits of their ancestral food. 

To say that African American ancestors “migrated” to the Americas negates the fact that they were forced to come in chains. Episode 3 explores the rich food traditions of the Gullah Geechee, descendants of enslaved Africans who were brought to the Americas primarily for their knowledge of growing rice. They now live along the coast from northern Florida to North Carolina with an unofficial capital in Charleston, SC. Modern southern and soul food can be traced back to the Gullah, but often they aren’t given credit. Padma talks with chefs and community members who are working and fighting to preserve the traditions and language of the Gullah (a blend of the various languages of the enslaved Africans and English). Sitting on ancestral land where so many atrocities happened, Padma acknowledges that talking about Gullah history is painful, but it is an important part of American History and it is part of the healing process this nation has to undertake. 

They say you are what you eat, but do we even really know what we are eating? or where it comes from? Hot dogs are often seen as quintessentially American, as American as baseball and apple pie. But hot dogs, or wieners, are German; so, in episode 2, Padma travels to Milwaukee to explore German immigration. This episode focuses on assimilation and the fact that so many of the German contributions to US culture have been so thoroughly absorbed, they are no longer viewed as German, but simply American. Padma says “Assimilation is complicated. While many people fight to be accepted. Others work to hold on to what might get lost. And that push and pull my friends, is America.”  

Many episodes explore what it means to pass on your cultural traditions to children who have a hyphenated identity. In episode 3, about Indian dosas, Padma’s daughter (Indian-American) reluctantly admits that she prefers pancakes to dosas. This cultural transmission is further complicated when you can’t travel back to where your traditions originate, as in episode 6 about kabob and the Iranian-American children of immigrants who fled Iran following the revolution. 

The very first episode of the series is perhaps the most relevant to our current debate on immigration. The episode goes to El Paso, to explore, the burrito. The chefs interviewed are quick to note that what we’ve been eating at Chipotle, is NOT what they are making. One chef notes that “a burrito is tradition wrapped in colonialization… Flour is not one of our ancestral foods. It’s an imposed food.” So that flour tortilla, like fry bread, is a symbol of colonialization. The episode talks a lot about the region and the arbitrary border that separates families and friends and has become ever increasingly militarized. Padma says, America loves Mexican food, but asks, “what about the hands that make that food?” Chef Marentes takes great pride in making his tortillas but notes, “It’s hard for me to think that people are going to accept my tortillas before they accept my cousins.” 

The last episode takes the viewers to Hawaii and is about poke. It focuses on the fusion of traditional Japanese and Hawaiian ingredients and cooking techniques. Gastronomically, the two have fused well, elements of each have been retained but have combined to create a delicious hybrid. Padma wonders if this could serve as a model for the nation. What would our country look like if traditions could be accepted and respected but also joined to create something new and beautiful. It’s a hopeful note, one that is much needed in these times. 

What does it mean to be American? Who decides? Which cultures are welcomed, accepted? Which ones are ignored or erased? Taste the Nation explores all of these questions and more. 

But as Chef Twitty says, quoting a West African saying, “if you sit at my table and eat with me, you’ll know who I am.” The table Padma Lakshmi explores is rich in flavor and diversity. It brings stories of pain and hope. And if we sit together and eat at this table, we will get to see the beauty of what it means to be American. 

(Hulu is a subscription based streaming service: https://www.hulu.com/)

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Statues, Stories and American Idols

(Source: Reddit: https://i.redd.it/ukyf7ju11a651.jpg

On social media several weeks ago, I read, with no small alarm, the hysterical rants of the great protectors of our cultural patrimony, upon the defacement of the sculpture of Cervantes in a San Francisco park. Clutching my pearls, I wondered what had become of our way of life. Digging deeper, I learned that the two statues facing Cervantes were also “desecrated” with spray paint. These statues, of course, represent Don Quixote and Sancho Panza. Our founders at the Quixote Center took the name of this fictional nobleman because he embodied a quest for living according to lofty, if sometimes ludicrous, ideals. His squire, Sancho, has shared a name with our computer system at the Center, lo, these last 40 years. 

On the night of June 19, 2020, when statues including Junipero Serra and Francis Scott Key were toppled in Golden Gate Park, red paint was sprayed on the eyes of the bust of Cervantes and his creations, and the word “bastard” on the pedestal for the bust, as well as red crosshairs on the backs of our beloved knight and his faithful Sancho. 

Some folks – not least a bystander named “Howard” – were upset. As covered by the local CBS affiliate: “‘Don Quixote and Sancho Panza — and for what?’ asked a frustrated Howard, watching the graffiti removal from John F. Kennedy Drive. ‘It’s very sad. It makes me feel it’s totally out of hand and it has nothing to do with civil rights.’” He further lamented that the police just “let them do it.” A blogger stated that the protesters were Antifa.  

I don’t know about the truth of this claim. I don’t know anything about the beliefs of the person whose hand held the can of spray paint. I don’t really think either of these guys does either, although Howard may have seen something. He certainly seems to think this was somehow unfair. 

Maybe it was. Or maybe it was done by people frustrated that fictional characters got a monument, showing more honor for their imaginary lives than those of flesh and blood people. 

The Judeo-Christian tradition has a word or two on the subject of graven images. Some have pointed to the story in Exodus when Moses called out the worship of a golden calf. But a more instructive case for our current moment may come from a different tale. In Numbers (21:4-9), Moses is divinely instructed to fashion a bronze serpent to protect the Israelites from the bites of serpents. After many generations have passed, however, this same sculpture – the Nehushtan, or “brazen serpent” – resurfaces in 2 Kings (18:4). By then it had become an object of worship in itself, contemptible because it is just a thing, not worthy of worship, so Hezekiah destroys this remnant of the past.  

Anyone who considers a statue or even a big box store worthy of an impassioned defense – while also allowing that some people may simply deserve to die – is an idolater, according greater value to a physical and aesthetic object than to a being endowed with senses, feelings, and life. Yet it seems every generation must learn anew the lesson that we can still treasure the wrong things, and often we do.  

Statues are worth something, to be sure, and not just in financial terms. Like so much art, a statue is often understood to embody ideas and ideals and other qualities that go beyond observable features and tell us something about the age, context, or emotional life of the artist and the moment in which they were created. 

But whatever statues may be worth, tangibly or intangibly, statues have no affective life to call their own. Statues – apart from, perhaps, the mythological Galatea (not to be confused with Cervantes’s novel of the same name) – cannot feel pain, know longing, suffer. A statue can be toppled or sent to the depths of the sea, but it cannot drown. It cannot have the life crushed out of it, because it has no life. When people’s lives are threatened by violence – be it state-sponsored or systemic or personal – prioritizing statues over people is indefensible. 

Just because statues do not deserve saviors does not mean they are of no consequence. Centering public art that celebrates and memorializes the lives of oppressors is not an accident and it is not harmless. It has a long history and is a legitimate site of debate and activism. Symbols of past and present violence and oppression do real harm by celebrating historical misdeeds as if they were heroic exploits; and it is fair game for protesters to address these harms. 

The work of toppling statues can help to correct a narrative that has afforded access to privileged places on pedestals to oppressors while actively suppressing the stories of those who struggled and survived against their sinister designs. 

Percy Bysshe Shelley’s poem “Ozymandias,” tugs irresistibly at my mind. In it, the statue of a monarch lies in pieces, with the head fallen to the ground and words carved into a pedestal reading, “My name is Ozymandias, King of Kings; / Look on my Works, ye Mighty, and despair!” This ironic twist rewrites the narrative of a king who thought that nothing could humble him, but time and even the artist’s rendering, have betrayed this belief. History has triumphed over his “sneer of cold command.” 

Racial justice demands attention to telling a fuller, and hence more truthful, story. Recently, the narrative of J. Marion Sims has been rewritten with this understanding. Sometimes revered as the “father of gynecology,” his experimental method of using live enslaved human subjects without anesthesia to test his hypotheses has led to much justified criticism. Telling this story now is important work. Relocating his statue from Central Park to the cemetery where he is buried makes him just one statue among many in a place where all sorts of people are remembered – without necessarily being honored. This more suitable placement gives new meaning to the words of early 20th century labor activist Mother Jones: “Pray for the dead, and fight like hell for the living.” Moreover, a plaque offers context and names Lucy, Anarcha, and Betsey, three of the Black women who were subjects in his research, adding their names to the historical record.

Returning to our namesake, in the last chapter of the first volume of Don Quixote, the knight errant comes upon a group of penitents garbed in white and carrying a statue of the Virgin Mary. Our hapless hero decides he must rescue this helpless icon from her captors. In his zeal to deliver the damsel in distress, Don Quixote ends up getting knocked to the ground. While he lives to have more tales of derring-do, his attempt to rescue a statue is a tale of tomfoolery. This episode suggests that Cervantes would have laughed at the notion of people trying to come to the aid of an inert statue featuring his visage (or even that of a certain European slaveholder).   

(Gustave Doré’s illustration of Chapter LII statue episode, Don Quixote, 1880. Source: Project Gutenberg

So, if you thought the folks at the Quixote Center would be offended by a little paint added to some literary statuary, you don’t know us very well. We maintain that people who work for justice in the world may be laughed at sometimes, but that the work is worthwhile anyway. While we take our causes seriously, we try not to take ourselves too seriously.  

We prefer to focus on today’s work – standing with movements for justice – so that the narrative of tomorrow can lift up new heroes who stand with the oppressed people of history and work for our collective liberation.  

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Save Asylum- Take Action Now!

The comment period to protest the proposed changes to the US Asylum laws closes Wednesday July 15, 2020.

Speak out now!

To learn more about the proposed changes and what you can do to speak up against them please visit the Bay Area Border Relief page.

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Mazatlán Franciscans still providing food to migrants

The Franciscan Network on Migration provides support to migrants traveling through Central America and Mexico. The network includes dozens of shelters and soup kitchens in the region. The shelters that we are working with most directly are the Frontera Digna in Piedras Negras, La 72 in Tenosique, and the Casa y Comedor San Francisco de Asís in Mazatlán, pictured below.

In Mazatlán, the house has been primarily a soup kitchen, or comedor. During periods of high traffic, however, people have been allowed to sleep in the corridors and courtyard at the church that is providing support. Thanks to the donation of a new facility, and support from donors helping to fund renovations, there will be a full service shelter in the coming months – though not likely to open until after the current health crisis has abated.

The photographs below show friars in Mazatlán providing meals this week – as they have for years. But, for now, they must offer bags “to go,” as sit-down meals are not possible because due to pandemic health considerations.

The Quixote Center is the fiscal sponsor for the Franciscan Network on Migration within the United States.

You can donate to support the work of the network here.

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“Toto” Constant is not just Haiti’s problem

Constant arrives in Haiti, June 23. Photo: Miami Herald

On June 23, the United States’ Immigration and Customs Enforcement deported Emmanuel “Toto” Constant to Haiti. Constant was arrested as he arrived in Port-au-Prince, based on a 2000 conviction for the massacre of political opponents at Raboteau, Haiti. In 1994, at the time of the massacre, Constant was head of a paramilitary organization called the Front for the Advancement and Progress of Haiti (FRAPH), which is known to have engaged in widespread human rights violations, including murder, rape, and torture. When U.S. forces reinstated president Aristide in October 1994, they allowed many leaders of the military government that had ousted him in 1991 to escape – including Constant, who eventually ended up in the United States. Constant has spent the last 12 years in a prison in New York – not for human rights violations, but for mortgage fraud. Now back in Haiti, he has the right to a new trial to challenge his in absentia conviction in 2000. 

Constant is currently being held at a prison in Saint-Marc. Whether he is re-tried or released on a technicality is now a question of great concern. Constant has many political allies in the current government. The state judiciary is effectively shuttered at the moment due to a national strike. So it is hard to know when he will be brought before a judge and the process, whatever form it takes, begins to unfold. That judicial process will take place in Haiti, as it should. The 2000 Raboteau massacre trial itself provides an example of how this can be done – ensuring due process for Constant and, hopefully, justice for his many victims. But Constant’s retrial is not just Haiti’s responsibility. 

Constant’s position in the coup government from 1991-1994 and the crimes for which he is responsible are hard to separate from decades of U.S. intervention in Haiti. The army itself was created by U.S. Marine commanders, for the specific purpose of quelling domestic dissent to the U.S. occupation of Haiti from 1915 to 1934. From that point until the army was disbanded in 1995 by President Aristide, it served to shield a small, United States-aligned elite and their business interests from popular mobilization. The United States trained Haiti’s military leadership throughout, including Raoul Cedras who directed the coup d’etat against President Aristide in 1991.

The United States also trained Haiti’s intelligence services, and it is known that Constant was on the C.I.A. payroll until spring of 1994 when he was dropped, according to a Clinton administration official, because, “He was beginning to get involved in things that could blow back quite badly.” The Raboteau massacre happened in April of 1994. A classified C.I.A. report, partially released and heavily redacted during a 1996 civil trial against FRAPH, also indicates that the agency knew of Constant and FRAPH’s involvement in the 1993 murder of Guy Malary, Haiti’s Minister of Justice.

More direct U.S. involvement in the formation of the FRAPH has been hinted at since this time. Allan Nairn, writing for The Nation in October of 1994 reported on extensive ties between FRAPH and U.S. agencies, beginning with Constant. For one, Constant was not merely an informant, but part of a team involved in training Haiti’s National intelligence Service (S.I.N.) in counterinsurgency. During this time he got to know Col. Patrick Collins, U.S. military attaché, and Donald Terry, the C.I.A. station chief who Nairn characterized as “running the S.I.N.”  According to Nairn, Constant claimed, “Collins began pushing him to organize a front ‘that could balance the Aristide movement’ and do ‘intelligence’ work against it. He said that their discussions had begun soon after Aristide fell in September 1991. They resulted in Constant forming what later evolved into the FRAPH, a group that was known initially as the Haitian Resistance League.” 

Given these ties, it is not surprising that when Aristide was reinstated, U.S. forces seized documents from FRAPH headquarters and took them out of the country. From 1995 until the trial in 2000, attorneys representing the victims of the Raboteau massacre were unable to get access to these documents. When the Clinton administration did finally release some documents at the last minute, they were heavily redacted. Haiti’s National Commission for Truth and Justice, whose report was issued in February of 1996, was likewise denied access. 

It is important that Constant be retried. As part of that process, however, it is equally important that the United States government fully cooperate and share documents in its possession about Constant, FRAPH, and the military leadership that oversaw the coup regime from 1991 to 1994. The United States government was, at a minimum, aware of Constant’s crimes, and continued to shield him. At worst, U.S. military and intelligence personnel facilitated those crimes. Either way, this makes Constant our problem as well. We owe the people of Haiti, who suffered under the coup regime and Constant’s paramilitary violence, a full accounting – wherever that leads. After 25 years, what better time than now?

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Take Action: Courts push back against the Trump administration

Dreamers

The Supreme Court ruling against the Trump administration’s effort to end the Deferred Action for Childhood Arrivals program (DACA) has been well covered in the news. DACA offered protection from removal for “dreamers,” or people who arrived in this country as children but who are unauthorized. The ruling allows DACA to stand as policy, though there may well be further efforts to halt the program. The future of the policy largely lies with the upcoming election.

In addition to this landmark ruling there have been three other recent decisions to note. 

I. Children in Custody

In the first case, a federal judge ordered Immigration and Customs Enforcement to release all of the children in its custody due to concerns about exposure to COVID-19. A huge victory, at least on the surface. The judge did not specify that parents must also be released. If ICE insists on holding parents, this could set up another family separation crisis. 

Immigrant children are held by the U.S. government through several agencies. Customs and Border Protection may hold unaccompanied children and families with children, usually for 72 hours or less, before making a determination to deport, release or transfer them. Currently, almost everybody picked up by CBP, including unaccompanied minors, are being deported immediately with almost no processing and no opportunity to seek asylum. 

Unaccompanied children, at least prior to the border closure in March, were typically transferred to the Office of Refugee Resettlement, where they would be detained until a family member or community sponsor could be located. There are just over 1,000 children in ORR custody right now, a very small number by recent standards – mostly because new arrivals are simply being deported.

Families with children, at least those that are able to remain together, are typically transferred to Immigration and Customs Enforcement, which detains families in one of three facilities (two in Texas, one in Pennsylvania). These children are the focus of the judge’s order: “Citing recently reported coronavirus cases among detained families, as well as allegedly lax masking and social distancing enforcement at two family detention facilities in Texas, U.S. Judge Dolly Gee ordered ICE to release all minors who have been held for more than 20 days.”

The catch is that Gee does not have the authority to mandate the release of parents – her authority is directly tied to oversight of the Flores Settlement agreement that provides guidance for the treatment of children in custody. The choice is that ICE must either release the parents as well, or separate the families by placing children with community sponsors or other family members. Unless pressed to do otherwise, ICE will almost certainly try to continue detaining the parents – which means separating children from parents yet again. 

Members of Congress issued a letter to the Department of Homeland Security and ICE leadership asking that families be released together.

“Family separation should never be this country’s policy. Medical organizations have long stated that the practice creates extraordinary harm to children,” the lawmakers wrote in their letter to Acting Homeland Security Secretary Chad Wolf and Acting Immigration and Customs Enforcement (ICE) Director Matthew Albence. “Detention of children for any amount of time, even with their parents, causes physical harm and irreparable trauma.”

ICE has until July 17 to release all of the children in custody.  Take a moment to sign our petition demanding that families be released together.

Sign the Petition!

II. Public Health Service Act

The next case involved a direct challenge to the administration’s authority to summarily expel children and asylum seekers under a Center of Disease Control policy that Trump has used to essentially shut the border down to everyone – including refugees and unaccompanied children. The ACLU, Oxfam and the Center for Gender and Refugee Studies sued on behalf of a 16 year-old boy from Honduras and his father. From the ACLU’s release on the judges initial ruling in favor of the child:

A federal court has once again provisionally blocked the deportation of a Honduran boy in the first legal challenge to the Trump administration’s order restricting immigration at the border based on an unprecedented and unlawful invocation of the Public Health Service Act, located in Title 42 of the U.S. Code…

U.S. District Judge Carl Nichols issued a ruling from the bench today prohibiting the removal of the boy under Title 42 protocols as the lawsuit continues. The judge agreed with the plaintiff’s central argument that the CDC had likely exceeded its authority in ordering the expulsion of children and asylum seekers under the public health laws. (emphasis added).

This case may establish the necessary precedent to bring an end to Trump’s border expulsions policy, which has so far led to over 40,000 people removed at the border without any due process. Though the ruling this week does not by itself do that – it is an important first step toward bringing this tragedy to an end.

III. Transit Ban

Finally, a court ruling on Tuesday will end – for the time being – the Trump administration’s efforts to close off asylum to anyone who transits a third country prior to reaching the U.S. border. The so-called “transit ban” had effectively ended asylum for anyone arriving at the U.S./Mexico border who was not a Mexican national. The transit ban was clearly intended to target Central American refugees, but ultimately impacted refugees from all over the world who travel through several countries in Latin America before arriving at the U.S. border. 

The case was brought by the Capital Area Immigrant Rights Coalition, and was focused on the administration’s violation of rule-making procedures and public notification requirements related to the transit-ban. The merits of the policy itself are also under judicial review in a separate case. In a communication to coalition partners, CAIR’s litigation director, Claudia Cubas, wrote:

In CAIR Coalition v Trump, Judge Timothy Kelly, a Trump appointee sitting on the federal bench in D.C., just vacated the third-country transit rule (the Administration’s asylum ban II barring asylum seekers who passed through third countries en route to the US without seeking asylum in other countries) in its entirety, based on the government’s failure to follow APA notice-and-comment.  The court also declined to stay its decision, so it goes into effect right away.

TAKE ACTION

These rulings are part of larger efforts to restore asylum policies in the United States. Toward that end, we encourage everyone to take part in Virtual Asylum Advocacy Days on July 14-16. The Asylum Working Group and Interfaith Immigration Coalition are organizing virtual legislative visits with your members of Congress. There will be a virtual training session to help prepare in advance. You can sign up here.

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The United States’ uncomfortable relationship to torture

Today, June 26, is the International Day in Support of Victims of Torture. This year marks the 34th anniversary of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment coming into effect. 162 countries have ratified the Convention, including the United States. Nevertheless, the United States continues to engage in and justify torture.

The Convention defines torture:

“[T]he term ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” — Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1984, art. 1, para.1) Emphasis added

Nils Melzer, who is the Special Rapporteur for this Convention, issued a report in 2018 which argued that states’ practices employed to deter migration constituted torture. As we noted then, Melzer’s description of the problem, though not directed at any one state, read like a synopsis of U.S. immigration policy:

In response to increasing numbers of…”irregular” migrants arriving at their borders, many States have initiated an escalating cycle of repression and deterrence designed to discourage new arrivals, and involving measures such as the criminalisation and detention of irregular migrants, the separation of family members, inadequate reception conditions and medical care, and the denial or excessive prolongation of status determination or habeas corpus proceedings, including expedited returns in the absence of such proceedings. Many States have even started to physically prevent irregular migrant arrivals, whether through border closures, fences, walls and other physical obstacles, through the externalisation of their borders and procedures, or through extra-territorial “pushback” and “pullback” operations, often in cooperation with other States or even non-State actors. (Melzer 2018, 4)

At the time we wrote about Melzer’s report, we emphasized detention as a method of torture. Detention is arbitrary in the sense that the vast majority of people are held under mandatory detention statutes that provide little space for individual assessment. Because detention is indefinite, people are under added stress, not knowing when they will get out. Conditions in immigrant detention facilities are horrible. Facilities still rely heavily on solitary confinement to manage behavior or punish non-compliance. They routinely neglect the health concerns of those detained, especially mental health concerns, with one result being that nearly half of the people who die in detention commit suicide. Facilities have been dragged into court for the use of forced labor. Above and beyond these factors, for many there is the added torture of separation from family members, including children.

In October of last year, Freedom for Immigrants issued a much more detailed report on detention:

This report focuses on the difficult-to-quantify qualities of immigration detention itself —the uncertainty, the fear, the isolation—and how they affect not only those detained, but also their families and community networks. We identify how systemic isolation plays out in the lived experiences of people impacted by this system and the ways in which people cope with it. The goal of this report is to strengthen community-based resources for resilience and resistance in the face of a purposefully cruel system.

Detention is a form of torture.  As a matter of policy and practice, the U.S. government intentionally makes people suffer while in formal custody in order to serve other objectives. This is torture. The maltreatment of people in detention cannot be dismissed as “incidental to lawful sanctions.” While one might argue that feelings of anxiety and depression are natural side effects of incarceration, one cannot seriously argue that prolonged use of solitary confinement, placing people in freezing rooms, denial of mental health services and other health services, poor food quality, and effective denial of contact with family, friends and even counsel, are incidental to lawful sanctions. Indeed, these practices contravene legal obligations for how people are to be treated.

Inside our borders, we torture every day. At the moment, in the context of a global pandemic, this torture takes on increased severity. People are literally fearing for their lives, as they watch others being held with them get sick. Immigration and Customs Enforcement has changed very little in terms of its practices, continuing to shift people around, deport them, and force them into hearings. In some cases, conditions have reached absurd levels of cruelty. At the Geo Group-managed ICE facility in Adelanto, California, for example, the company has been spraying harsh chemicals intended for outdoor use as the principal means of disinfecting the facility. They have continued this practice even after multiple reports have emerged that the chemical is making people sick – including coughing and sneezing blood. ICE has stood by the company.

All of this has been made worse over the last year and half as the Trump administration has shut down the border to asylum seekers. The administration has forced asylum seekers to wait for their asylum hearings in camps on the Mexico side of the border. The administration has denied people who transit a third country the ability to even seek asylum, unless they are denied in that country first. And, now the administration is sending people who do seek asylum back to Guatemala, El Salvador or Honduras, to first seek asylum in one of the countries – even as the bulk of asylum seekers are fleeing conditions in one of those three countries.

Again, the administration’s response to COVID-19 has only made this situation worse. The United States is now summarily expelling everyone who crosses the border – over 40,000 people since mid-March, including children traveling alone – under an abusive CDC order intended to justify border controls. No one is being allowed a chance to even apply for asylum.

For too long, the United States has sought to legitimate a deterrence strategy that is, let’s be clear, a form of torture. We must call it what it is. As we commemorate the victims of torture, we would do well to consider all those who are incarcerated. We join in the call to #FreeThemAll and to #SaveAsylum. 

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  • Quixote Center
    7307 Baltimore Ave.
    Ste 214
    College Park, MD 20740
  • Office: 301-699-0042
    Email: info@quixote.org

Direction to office:

For driving: From Baltimore Ave (Route 1) towards University of Maryland, turn right onto Hartwick Rd. Turn immediate right in the office complex.

Look for building 7307. We are located on the 2nd floor.

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