DHS Accepting Public Comment On Family Separation

The Department of Homeland Security (DHS) is accepting public comments on how to prevent future administrations from separating families at the border until January 25th. 

The Trump administration separated an estimated 5,500 children from their families during 2018 as the result of enforcing a “zero tolerance” policy at the border. While many have been reunited, the long-lasting psychological harm to young children has already been done. By the end of 2021, Biden’s Task Force on the Reunification had reunited 100 families, with an additional 345 children identified for reunification. However, at least a thousand children remain separated from their families. 

In November 2021, President Biden dismissed a report to provide migrants impacted by family separation up to $1 million as “garbage.” He later walked back that statement and said that families of separated children should receive reparations. But in December, after ten months of negotiations, his administration withdrew from settlement talks with families affected by family separations. Whether these families will receive justice remains to be seen. 

Click HERE for an auto-generated comment that you can edit. Remember: every comment must be unique in order to be effective. 

Below is the comment that we’ve submitted to DHS as an example:

To prevent future human rights abuses, the Biden administration must adopt policy and language that enshrine respect for the dignity and human rights of all migrants. To signal its commitment, the current administration must demonstrate such harm will never again be tolerated. Reparations are one such mechanism of transitional justice. Though no amount of money can undo the lifelong emotional and psychological harm caused by being forcibly separated from one’s family, reparations are vital to acknowledging the wrongdoing and addressing the harms suffered. The Biden administration must provide the families with pending cases with an equitable settlement. 

 

 

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Seed delivery from Gros Morne to Camp Perrin

Seeds being offloaded in Camp Perrin

On August 14, 2021, a series of earthquakes struck Haiti’s southern peninsula, leaving 2,400 people dead and doing enormous damage to the area’s infrastructure. Like most of Haiti outside of Port au Prince, the peninsula is a predominantly agricultural area. Damage to roads and bridges, the death of farm animals, and mudslides from the tropical storm that struck the area a few days later, have all conspired to threaten food production. Farmers struggle to get supplies for the winter planting, and are cut-off from markets in Port au Prince due to armed groups controlling the roads into and out of the city.

In response to the earthquake, the Quixote Center is funding direct cash payments to individuals in the impacted area. We emphasize cash payments over other types of  aid in order to support local markets, especially local and regional farmers, who can see their livelihoods damaged further when markets are flooded with imported food aid. Where markets are open, and local supplies available, supporting the local economy is better for Haiti in the long run.

Even if supplies become difficult to source nearby, they can often still be sourced from other parts of Haiti. Though transport is difficult, it is worth the effort to build connections within Haiti for relief efforts.

Quixote Center partners with an agro-ecology program that includes a seed bank near Gros Morne, Haiti. With support from the Quixote Center, our partners at the Jean Marie Vincent Formation Center purchased seeds from farmers in Gros Morne and delivered them to farmers near Camp Perrin, which is located near the epicenter of the August earthquake.

Guy Marie Garcon, who coordinates the program at the Jean Marie Vincent Formation Center, wrote, 

The community of Gros Morne has often been a victim of hurricanes and earthquakes in recent memory, so we understand the pain of the farmers in the South. We have the possibility to help our compatriots in the South, which is why we propose to send seed support for planters in [Camp Perrin]. We would send them good quality bean seeds, so that they can replant their gardens. By purchasing these seeds from farmers in Gros Morne, we would provide good quality local seeds for the farmers in the South, rather than importing them from abroad. We know that our seeds will grow well in the South.

Of course, we faced a struggle getting the seeds delivered, as there is no safe way to drive them directly to Camp Perrin. The driver from Gros Morne delivered the seeds to a program partner’s office in Port-au-Prince safely, but he did have to navigate roadblocks in St. Marc to do so.  

Once in Port-au-Prince, the seeds waited for a couple of days for safe passage south.

The seeds were delivered to the Sacred Heart Parish in Camp Perrin on Saturday, January 15th, and from there will be delivered to 100 small farmers, ultimately providing assistance to 450 people in Toirac and surrounding areas like Mailloux, Sous De Vie and Barat. 

It is a small project, but is an example we hope will grow. Rather than bring in outside supplies that displace Haitian growers, we are supporting local growers. For those of you who donated through our emergency response fund, we thank you for your generosity.

 

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“Remain in Mexico,” Biden’s MPP 2.0 – A Month In

Over a month ago, the Biden administration restarted Remain in Mexico, or MPP. Since then, DHS has returned 217 asylum seekers to Mexico under the program. The majority—62%—came from Nicaragua, with another 22% from Venezuela, 7% from Cuba, 6% from Ecuador, and 3% from Colombia. 

At the end of last December, the Biden administration asked the Supreme Court to review its case to end MPP. Earlier that month, the U.S. 5th Circuit Court of Appeals rejected the administration’s appeal, upholding a lower court’s ruling that DHS improperly terminated the policy. 

There are a few surface-level changes in an attempt to make the program more humane: officials have stated that migrants will now have access to transportation at ports of entry to take them directly to Mexican shelters, offering some level of protection against targeted crime. There are also protections for individuals with physical and mental conditions and members of the LGBTQ community. 

However, the Biden Administration has already broken many of its own rules, leading to the abuses that immigration advocates have been warning about since the beginning. Immigration attorneys have identified at least 24 immigrants, such as those with serious medical conditions, who should never have been placed into the “Remain in Mexico” program according to its own guidelines. At least 9 were taken out of MPP after being flagged to CBP, but 1 was mistakenly returned to Mexico. 

As Refugee International’s Yael Schacher observed in El Paso, among the 82 MPP enrollees who had hearings last Monday and Tuesday, only five had legal counsel. Asylum seekers with legal counsel are three times more likely to have their cases approved. It is notable that, according to their nationalities, the migrants currently enrolled in MPP would typically have had the strongest cases for asylum had they been allowed to enter the U.S. By being returned to Mexico, they face a much greater chance of being deported. 

At its core, MPP cuts asylum seekers off from accessing legal representation in the U.S. and leaves them stranded in a country with little to no resources or protection from danger. Under the previous administration’s iteration of MPP, there were over 1,544 reported cases of violent attacks—including murder, assault, torture, and kidnapping—driving many to abandon their asylum claims. Biden’s MPP 2.0 only continues to place migrants back into the very dangers they are fleeing. 

Unless the Biden administration takes real action to defend migrants, this cycle of violence—criminal and system—against migrants is only likely to continue. Join us in calling on the Biden administration to end MPP and Title 42 by signing our petition HERE. 

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Biden marks anniversary of earthquake by expelling more Haitian refugees

Flight Eastern 3503, taking Haitian refugees from El Paso to Port au Prince, Jan. 12, 2022

Twelve years ago today, a massive earthquake brought down buildings throughout the Port au Prince area, killing hundreds of thousands of people and displacing many more. As a result, January 12 is a national day of mourning in Haiti.

For the United States it is just another day to expel Haitian refugees – 443 Haitians were expelled today on three flights. 

In September of this year, the Biden administration launched a massive removal campaign against Haitians. It is still going on. Many of those expelled in this time began their journey to seek a liveable life outside of Haiti in the months after that earthquake. 

Between September 19, 2021 and January 12, 2022, the Biden administration has expelled 14,800 Haitian refugees on 137 flights. Most have been removed under Title 42

For context, it is important to be very clear about the following: People who are seeking asylum are not “illegal” immigrants, and under US law, we are obligated to screen their asylum claims, no matter how they enter the country

That said, the right to seek asylum has been illegally limited under Trump-era “Title 42” enforcement measures enacted by an ill-conceived pronouncement from the Centers for Disease Control and Protection in March 2020. Under “Title 42” the CDC claims that migrants can be removed as quickly as possible, with no access to asylum processing outside of a narrow provision under the Convention Against Torture. In reality, CAT screening is widely denied as well. 

For the most part, Haitians cannot simply be expelled at the border under Title 42. They must be flown out. This means detention in congregant settings, ground transportation and flights – all of which make a complete mockery of the “public health” justification for upending asylum processing.

Title 42 is thus an abrogation of international obligations concerning the treatment of refugees, and is, prima facie, a violation of US law. And yet, Biden persists, and regarding Haitians, does so in a way that greatly increases the risks to their health.

Based on numerous reports we know people are put on planes by Immigration and Customs Enforcement without being told they are being sent to Haiti. Adults are often shackled during flights.

On the ground in the United States, immigration authorities treat Haitians horrendously. Haitians are detained, denied attorneys, and mostly denied the chance to make a formal request for asylum. Though the Biden administration has made some exceptions for families, it is not a uniform policy. Nearly 20% of those removed since September are children. 

The International Organization for Migration is supposed to provide $120 to Haitians on arrival for relocation assistance – but this assistance is not consistently granted. Returnees are then processed and shown the door at the airport. People who left Haiti a month, a year, or even a decade ago, find themselves pushed onto the streets of Port au Prince at a time when insecurity is about as bad as anybody can remember. 

We think this is wrong. If you agree, please join us in sending a message to members of Congress, asking them to speak out against removals to Haiti, and to Biden, demanding an end to all Title 42 removals.  

 

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Despite ongoing crises in Haiti, Biden keeps expelling Haitians from the US

On Monday, December 20, the Biden administration sent three removal flights back to Haiti, with over 340 people on them including 32 children. As we move into Christmas week the administration plans to send planes every day back to Haiti, except for Christmas eve. Since taking office, the Biden administration has removed over 14,000 people to Haiti; at least 11,100 since mid-September. 

How can the Biden administration justify bringing together people to discuss the multifaceted problems in Haiti, acknowledging in the process the deteriorating security situation, and still deport thousands of Haitians back to Haiti – many of whom were never even given a chance to apply for asylum under the Biden administration’s ongoing enforcement of Title 42. The Miami Herald’s editorial board lifted up this contradiction (in an otherwise problematic call for UN intervention):

“When the Haitian gang, named 400 Mawozo, kidnapped 17 Christian missionaries in October, the United States warned Americans on the island to get out— now. All the while, the Biden administration was sending planeloads of Haitian migrants in the United States back to their violent homeland. The message? Haiti’s too dangerous for Americans, but it’s good enough for Haitians.”

Since Biden took office we have demanded that deportations be halted. We’ve been joined in doing so by hundreds of human rights and immigrant organizations, members of Congress, the United Nations High Commissioner for Refugees, and the editorial boards of the Washington Post, the New York Times, the Miami Herald, the Boston Globe and others. Members of Biden’s State Department team have quit over this policy. And yet Biden persists under the delusion that somehow if the United States keeps being cruel to Haitians and others this will deter people from trying to come to the United States. 

While it seems that just about everything has been tried already, we can’t stop demanding. If you would like to join in these efforts, and you can send a message to your member of Congress, encouraging them to speak out. And join in this petition to end Title 42 and the Biden administration’s renewal of the Migrant Protection Protocols. Share with friends.

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Biden must halt removals to Haiti. NOW!

On Tuesday, December 14 the Biden Administration sent two full removal flights to Haiti. These were the 94th and 95th such flights since Biden launched mass deportations to Haiti in mid-September. The deportations are ostensibly a response to an increase in the number of Haitians attempting to cross into the United States in September. 

The September “crisis” was splashed across major media outlets with photos of 15,000 Haitians and others under a bridge between the Rio Grande and the Del Rio port of entry in Texas. At the time, Biden’s Secretary of the Department of Homeland Security, Alejandro Mayorkas, claimed that 8,000 Haitians were immediately returned to Mexico. Since then, thousands more have been expelled: Beginning September 19 of this year, the Biden Administration removed over 10,000 Haitians from the United States in expulsion and deportation flights to Haiti. (IOM data as of Dec 12 here -there have been three flights since.)

Between January and March of 2021, the Biden administration expelled over 2,000 Haitians. 

Human rights organizations, the United Nations High Commissioner for Refugees, and several Members of Congress have denounced the removals, without demonstrable impact on the White House. Indeed, A DHS spokesperson said that, according to the US embassy in Port au Prince, the situation in Haiti has improved, and thus people could be safely returned. 

This is untrue.

The security situation in Haiti has deteriorated significantly since July – with the assassination of Haiti’s president that month, and an explosion of gang activity since, especially kidnappings. The Institute for Justice and Democracy in Haiti’s most recent human rights report begins, “the government has continued to dismantle the country’s accountability systems, which has fueled unprecedented violence by gangs,2 many with government connections, as well as a continued deterioration of the social and economic conditions in the country.”

Added to this, a massive earthquake in the southern peninsula in August left close to 500,000 people without secure shelter. The violence has hampered recovery efforts. Food insecurity is on the rise, as are prices for nearly everything due to fuel shortages. Yet, Biden has seen fit to expel 10,000 refugees back to Haiti – even as the Civil Rights division of the Department of Homeland Security warned that doing so constitutes a violation of the US commitment of non-refoulement under international law. 

To add insult to injury, The Biden Administration has utterly failed to deliver on its promise to assist the Government of Haiti and the International Organization on Migration’s efforts to receive people. The US delayed promised aid, leading the IOM to provide far less relocation assistance than earlier agreed upon. Most people received little more than the price of a bus ticket from the airport in Port au Prince or Cap Haitian to their home. Meanwhile, a massive Immigration and Customs Enforcement corporate partner, the GEO Group, cashed in with a $15.76 million contract to organize removal flights to Haiti in September and October.

Although Biden maintained a progressive immigration stance during the election, he has failed to assemble a progressive coalition on immigration during his presidency. Historically, the treatment of Haitians has been an indicator of the direction of future US immigration policy. This is true now as well.

The Biden Administration has also expanded removals to southern Mexico, alongside new direct expulsion flights to Honduras and Guatemala over the last two months. To be clear, these new flights are not regular deportation flights, but summary expulsions under Title 42. The United States has been expelling people from Central America and Mexico back into Mexico with minimal processing, and no opportunity to request asylum since March of 2020. 

However, because many people try to re-enter the United States once expelled, the Biden Administration expels people by plane to get them as far from the border as possible. As with Haitian removals, expulsion flights to southern Mexico and Central America make a complete mockery of the public health dimension of Title 42 – under which the Centers for Disease Control and Protection directed the Department of Homeland Security to expel people immediately to avoid detention and processing in congregant settings. You can’t fly people out of the United States without first holding them in a staging area, e.g. “congregant setting” – exactly what Title 42 was supposed to avoid. 

We invite you to join us in condemning ongoing removals to Haiti. You can send a message to your member of Congress asking them to raise their voice in opposition to Biden’s Haiti expulsion policy by using our Legislative platform here.

We also invite you to join us in demanding an end to Title 42 by signing (and sharing) this petition to the Biden administration.

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The United States’ dismal human rights record: Title 42 and Haiti

Photo Courtesy of John Lazarre & Guerline Jozef

December 10, 2021 marks the 73rd anniversary of the formal approval of the Universal Declaration of Human Rights by the United Nations General Assembly. The United States voted to approve the declaration in 1948 along with 47 of the then 58 members of the United Nations (there were eight abstentions, and two not-voting). The Universal Declaration was a bold claim that everyone on the planet was entitled to a core set of rights, regardless of where they lived. It was and remains a powerful vision. Yet it is one that is wholly unrealized in the lives of the vast majority of people on the planet.

One has to look no further than the United States treatment of Haitians and others at the US border with Mexico to get a glimpse of how far we are from realizing the vision of universal human rights.

Title 42

Since January, the Biden administration has summarily expelled close to one million people. That is, one million people denied the right to make a claim of asylum under the provisions of a “public health” order issued by the Trump administration. The order is referred to as “Title 42” in reference to the section of the federal code under which the Center for Disease Control and Protection claimed authority to suspend asylum in March of 2020. It has been widely criticized by immigrant and human rights organizations, as well as public health professionals, including some in the CDC itself. Nevertheless Biden has maintained, and indeed expanded, the use of Title 42. 

Under Title 42 people are immediately removed to the last country of transit. In theory, this applies to both Mexico or Canada, but there have been comparatively few Title 42 expulsions back into Canada (in FY 2021 there were 7,500 Title 42 expulsions on the northern border, compared to 1.1 million on the southern border). The public health rationale for this abrogation of international responsibilities rests on two things: The threat that COVID-19 holds for Border Patrol personnel if forced to monitor and process people in congregant settings, e.g. held in Border Patrol stations. And the related claim of a lack of capacity to safely quarantine and test people in custody (though testing is readily available now).  (See page 11-16 in linked report)

As a result, migrants encountered by Border Patrol are summarily expelled – most within 2 hours of being encountered. The catch is that Mexico and Canada have to agree to take people back. Mexico agreed to accept Mexican nationals, and people from El Salvador, Guatemala, and Honduras when Title 42 was first announced. These four countries make up over 90% of the people encountered at the United States/Mexico border – but it leaves others, like folk from Haiti, in a legal limbo. Though some have been removed to Mexico anyway, most are detained in congregate settings within the United States, in a complete contradiction of the stated rationale for the policy, until they can be expelled by plane. 

The public health argument has never really been the point, of course, and so the fact that the Department of Homeland Security fails to implement its own operating procedures when it comes to enforcing Title 42 is hardly surprising. Indeed, the Biden administration has also argued that Title 42 provides a needed deterrent to migration. The logic is that if people know they will be summarily expelled from the United States – they won’t attempt to come in. Deterring people from seeking refuge in one’s country by meting out harsh treatment to those who try is, of course, a violation of human rights. 

The “shipwreck of civilization” at Del Rio and beyond

This week Pope Francis visited migrant camps in Greece. Against the backdrop of the official misery created by European xenophobia, he lambasted the region’s leaders for their poor treatment of migrants, and the political impulse used by nationalists throughout the continent to sow hatred and fear against refugees for political gain. He referred to this situation as the “shipwreck of civilization” and could have just as easily been talking about the United States. Though there are many parallels one could point to between Europe and the United States in their shared determination to offload responsibilities for migrants and deny refugees entrance, the Biden administration’s deployment of Title 42 against Haitians stands out as particularly relevant.

It was just in September that the Biden administration decided to use Haitians as a prime example of its deterrent strategy, basically tossing the Universal Declaration of Human Rights in a trash can in the process. When an unexpected (officially at least) increase in the number of Haitians seeking entrance into the United States occurred at the Del Rio border crossing in Texas in mid-September, the Biden administration launched a mass removal process that has led to the expulsion of over 9,000 Haitians back to Haiti (official IOM data as of November 26, 2021. There have been 6 flights since), and reportedly (at the time) another 8,000 back into Mexico – despite Mexico’s heretofore reluctance to accept Haitians under Title 42. 

At the time, the administration claimed that there were a total of 30,000 migrants encountered in the Del Rio sector and that an “estimated” 12,000 were able to avail themselves of asylum protection. This is misleading. According to Border Patrol figures, just under 18,000 Haitians were encountered in September. Given the larger numbers discussed, I am assuming the 8,000 Haitians Mayorkas said were basically pushed back into Mexico in September are not counted in CBP’s official tally of “encounters” for that month. Either that, or Maryokas was simply guessing. 

Over half of the 18,000 people officially encountered have been removed since mid-September – including thousands supposedly placed in Title 8, or regular immigration processing. Some Haitian families were able to avail themselves of asylum processing. However, it is clear that this was a delay tactic, as many have been expelled anyway. Indeed, nearly 20% of those removed to Haiti via plane have been children indicating a high number of family expulsions.

It is not safe to return people to Haiti. As the situation in Haiti continued to deteriorate over the summer, in August, the Department of Homeland Security’s Office for Civil Rights and Civil Liberties warned the administration that returning Haitians to Haiti risked, “violating US civil and human rights obligations,” according to an internal document obtained by BuzzFeed News

When the increase in Haitians arriving in Del Rio occurred a month later, however, all of these concerns were set aside.

Really, more of a plane wreck…

From mid-September to Monday, December 6, 2021, the Biden administration expelled nearly 10,000 Haitians back to Haiti on 90 removal flights (September 19 to December 7). In other words, in less than three months the administration has flown more flights to Haiti than any other country except Mexico and Guatemala. Meanwhile, Haitians made up less than 3% of all encounters with Border Patrol in FY 2021. 

Hameed Aleaziz wrote in Buzzfeed News this week, “A DHS spokesperson said that following the earthquake in August, deportations of Haitians were suspended, but that after the embassy in Haiti determined that conditions had improved, they were restarted.”

It is hard to imagine anyone reviewing the situation in Haiti between July and August this year, and deciding conditions had improved. While I reject the way major media outlets continue to employ cartoonish language to describe Haiti in sensationalized terms (failed state, hell on earth, and so on), the security situation has clearly continued to deteriorate. Kidnappings have increased dramatically. The violence in Port au Prince neighborhoods like Martissant, sections of Delmas, and Croix de Bouquet, have led to the displacement of thousands of Haitians. As a result, outside of the capital the situation has worsened, leaving communities isolated and often unable to get needed supplies from Port-au-Prince.

The provision of resources “for the humane receipt” of individuals, amounted to a pledge of funds that was to provide $100 per person for relocation. However, the funds from the United States were late in arriving, and the International Organization on Migration, which was actually doing the work, was left scrambling for resources. People typically received far less than the pledged amount, often no more than the cost of a bus ticket home. For many of the people expelled in this way, it was the first time they had been in Haiti in years. Almost all of those expelled from Del Rio had arrived at the U.S. border via South America, where many Haitians resettled in the years since the massive earthquake in 2010.

Under such circumstances, it is not a surprise that many of those returned have reportedly already left again. The increase in the number of people leaving Haiti by boat in recent weeks seems an indication of this desperation.

Human rights debacle

The obscenity of the removal policy to Haiti – and its illegality – has been pointed out by many. Recently it directly led to the resignation of the US Special Envoy to Haiti, Daniel Foote, who wrote in his resignation letter:

I will not be associated with the United States inhumane, counterproductive decision to deport thousands of Haitian refugees and illegal [sic] immigrants to Haiti, a country where American officials are confined to secure compounds because of the danger posed by armed gangs in control of daily life. 

Removals to Haiti were also a contributing factor to the resignation of State Department legal counsel Harold Koh – who introduced his detailed resignation letter:

I write first, because I believe this Administration’s current implementation of the Title 42 authority continues to violate our legal obligation not to expel or return (“refouler”) individuals who fear persecution, death, or torture, especially migrants fleeing from Haiti.

Finally, the UN High Commissioner for Refugees Filippo Grandi issued a statement calling on the US to end Title 42 enforcement, saying, 

The summary, mass expulsions of individuals currently underway under the Title 42 authority, without screening for protection needs, is inconsistent with international norms and may constitute refoulement. 

The realization of universal human rights remains a principle worth fighting for. But in the United States over the last year, we can see why that realization still feels distant. Biden has doubled down on the Trump campaign against asylum – indeed for Haitians in particular, Biden has proven to be much worse. So, as the speeches are made this week, marking the anniversary, remember that we have a long way to go. Even the most basic right to seek refuge – a right of crucial importance to the framers of the Declaration writing in the wake of World War II – is widely being denied across the globe.

And the United States under president Biden still remains among the worst violators.

Join us in calling on the Biden administration to end MPP and Title 42, and restore asylum with respect to the human rights and dignity of all migrants by signing our petition HERE

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La Purísima: A Nicaraguan Celebration

Alter by Nicaraguan community in New Orleans

This week, Nicaraguans celebrate La Purísima, a novena—or nine-day prayer—in honor of the Immaculate Conception of the Virgin Mary, the country’s patron saint. The actual celebrations resemble a cross between Christmas, Halloween, and Carnival.

Today, December 7, is known as La Gritería, or “the shouting,” which is as raucous as it sounds. “¿Quién causa tanta alegría?” or “What causes so much joy?” people shout in the streets, with the refrain being “la Concepción de María” or “the Conception of Mary!” Between December 7th and 8th, firecrackers explode in the streets at all hours.

Alter to the Immaculate Conception in Managua

Traditions vary by city, but typically Nicaraguans construct an altar in their homes and host friends, family, and neighbors. Children go from altar to altar singing folk songs and asking, “¿Quién causa tanta alegría?” The homeowners repeat the refrain and hand out small gifts, usually food such as drinks and candy. The best treat of all—equivalent to receiving a king-size candy bar while trick-or-treating—is a nacatamal , a large tamale stuffed with an entire meal of pork, rice, potatoes, and more, that is wrapped and steamed in plantain leaves.

Leon celebrates with “La Gigantona,” a giant puppet that dances through the streets accompanied by drums and horns. Adapted from a Spanish tradition, La Gigantona pokes fun at the original Spanish colonizers. In Granada, locals place their altars on the street, instead of in their homes. La Purísima is also observed by the Nicaraguan diaspora, from Miami to Los Angeles, as a way to reconnect with their heritage.

At its heart, the celebration of La Purísima is about connecting with family, friends, and the wider community. It encourages immense generosity towards complete strangers in a way that has become difficult during the pandemic, but perseveres nonetheless.

Children in Managua stand in anticipation of treats

Due to the pandemic, carolers must gather by the gate instead of inside the home

 

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Quixote Center Denounces Title 42 Extension & MPP Expansion

FOR IMMEDIATE RELEASE: December 7, 2021

CONTACT: info@quixote.org

Greenbelt, MD–On Friday, the CDC announced it would extend migrant expulsions under Title 42; and today, the Biden administration will return its first group under the Migrant Protection Protocols (MPP) 2.0, or “Remain in Mexico.” The Quixote Center condemns the continuation of both Trump-era policies. Though Biden promised to “end Trump’s detrimental asylum policies” on the campaign trail, he has continued to systematically deny migrants their right to asylum.

In August, a district court ordered the Biden administration to reinstate MPP in “good faith.” However, expanding the program to include the entire Western Hemisphere goes far beyond the court order’s limits. The Biden administration has not only broken its promise to dismantle the Trump administration’s racist and xenophobic immigration policies, but has instead doubled down on denying asylum seekers their right to seek safety in the United States.

MPP remains unsafe for asylum seekers, as well as their legal representatives. During MPP’s last iteration, there were over 1,544 cases of violent attacks—including murder, assault, and kidnapping—reported against migrants in the program. Furthermore, non-native Spanish speakers from Haiti and other Caribbean nations face an even greater risk of racially-motivated violence and discrimination. There are some exceptions written into the law for groups deemed vulnerable; however, in practice these rules have been irregularly applied, even forcing individuals with serious mental and physical health conditions into the program.

The CDC’s decision to renew Title 42 is appalling, but not surprising. In total, over one million people were summarily expelled at the US/Mexico border under Title 42 during FY 2021. Former CDC officials have testified that the order was not based on public health concerns. Instead, it remains a discriminatory tool to summarily expel any migrant—including families and young children—back to the danger from which they are fleeing. There have been 7647 recorded attacks against migrants expelled under Title 42.

Since Biden’s inauguration, there have been around 123 ICE Air flights to Haiti, expelling an estimated 12,000 Haitian asylum seekers. A significant percentage of these flights were conducted under Title 42, but our concern is that MPP will become yet another anti-black mechanism to expel and mistreat Haitian migrants. We call on the Biden administration to follow through on the promise to reinstate asylum at the border, and respect international law in treating migrants with dignity.

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To join us in calling on the Biden administration to end Title 42 & MPP, sign our petition HERE

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Nicaragua election explainer

Nicaragua election explainer

On Sunday, November 7, Nicaraguans will vote for the president and vice-president of the country, as well as for the National Assembly and for Nicaragua’s representatives to the Central American Parliament. There has been a great deal of controversy about these elections circulating in the US and European media. One result is that the United States Congress just passed a new sanctions bill against Nicaragua (the RENACER Act) on Wednesday, November 3 in response to some of this controversy. (See here for more detail). I’m not getting into the controversy in this post – just a simple explainer about who is running.

Who is running? How does it work?

Under the election reform law published in June of 2021 (see page 3876), the Nicaraguan president is elected by a simple plurality – the candidate with the highest number of valid votes becomes president. When Parties put forward their candidates for president and vice-president, they must conform to the principle of gender equity (one of the candidates must be a woman, one a man). As you can see, in this election cycle the presidential candidates are all men, and the vice-presidential candidates are women.

The parties and their candidates for president/vice president are:

Constitutional Liberal Party (PLC)

President; Walter Edén Espinoza Fernández.

Vice President; Mayra Consuelo Arguello Sandoval

Sandinista Front for National Liberation (FSLN) (United Nicaragua Triumphs Alliance)

President: Jose Daniel Ortega Saavedra

Vice President: Rosario Maria Murillo Zambrana

Christian Path Party (CCN)

President: Guillermo Antonio Osorno Molina

Vice President: Violeta Janette Martinez Zapata

Nicaraguan Liberal Alliance Party (ALN)

President: Marcelo de Jesus Montiel Fernández

Vice President: Jennyfer del Carmen Espinoza Blen

Alliance for the Republic Party (APRE)

President: Gerson Gutierrez Gasparin

Vice President: Claudia Maria Romero Cuadra

Independent Liberal Party (PLI)

President: Mauricio Orue Vasquez

Vice President: Zobeyda del Socorro Rodríguez Díaz

The National Assembly Election

There are 92 seats in the National Assembly. Like the president, the assembly is elected to 5 year terms. The seats are divided as follows:

20 seats are National Representatives elected through a system of proportional representations. Seats are assigned based on the percentage of votes cast for the party, e,g, if a party gets 50% of the vote, they get 10 of these seats. Each party submits a list of candidates; every other candidate on the list must be a woman. The seats won are then assigned by going down the list from top to bottom – if a party wins 10 seats, then the first 10 candidates on their list are given the seats.

There are 70 seats that are assigned to department and regional representation. They are assigned as follows:

Department of Boaco (2). 

Department of Carazo (3). 

Department of Chinandega (6). 

Department of Chontales (3 ). 

Department of Estelí  (3).

Department of Granada (3 ).

Department of Jinotega (3 ).

Department of León (6).

Department of Madriz (2).

Department of Managua (19). 

Department of Masaya (4).

Department of Matagalpa (6).

Department of Nueva Segovia (2). 

Department of Río San Juan (1).

Department of Rivas (2).

Autonomous Region of the South Caribbean Coast (2). 

Autonomous Region of the North Caribbean Coast (3).

These seats are assigned in a proportional fashion as well, corresponding to the percentage of the vote each party or party alliance wins in the department or region. 

All of the parties with a presidential candidate have a slate of candidates for the National Assembly. Elections for the Autonomous Regions also include the party YATAMA.

The final two seats in the assembly are reserved for the presidential candidate that comes in second, and the outgoing president (or vice president – if the president is re-elected).  As Ortega and Murrillo are both running again (and likely to win), I am not clear how this seat will be handled. 

Elections for the Central American Parliament (PARLACEN)

Nicaragua’s representatives to the Central American Parliament are determined through a proportional representation system similar to the process for deciding the national level representatives for the National Assembly. 

There are 20 deputies elected to the Central American Parliament from each member country for 5 year terms.

The Central American Parliament is part of the System for the Integration of Central America, and is thus one of a number of institutions that have been built to enhance coordination among countries of Central America. The Parliament itself grew out of regional peace talks during the 1980s, and was launched in 1991.

The Process

Results for the elections will be presented by the Supreme Electoral Council beginning Sunday night. Voting will take place in 13,459 polling stations, with votes then tallied in 3,106 voting centers. Just under 4.5 million people have been registered to vote in the election. 

There will be an international presence during the election, including a delegation of people invited by the government to accompany the process, as well as official election monitors from the European Union.

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