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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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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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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“Toto” Constant back in Haiti and other updates, take action

Shada Demolition

On Monday, June 15 bulldozers razed the community of Shada II in Cap-Haitien, along Haiti’s northern coast. Close to 1,500 families lost their homes as a result. Apparently none were notified in advance of the destruction, nor were any compensated for the loss. This inexplicable act was officially carried out in retaliation for a gang assault that left a police officer and five other people dead days before – but this is either not at all true, or, at best, a very partial explanation. The largest gang in Shada is assumed to be politically aligned, and thus this may well have been in part retaliation. However, that hardly suffices as an explanation for putting 1,500 families out of their homes in the midst of a pandemic.

The organization SOIL has been working in Shada II since 2004 issued a statement about the demolition (full statement here):

At this critical moment in global history, when the world is grappling with the combined public health emergencies of COVID-19 and systemic racism, we feel it is critical that we call attention to human rights issues that impact the communities we serve. There are many unanswered questions about what happened in Shada II last week, and we urge human rights groups to investigate. At the same time, SOIL stands in solidarity with the thousands of innocent people who lost their homes and belongings, and we recommit our organization to sustained social change. True change demands that all stakeholders come to the table to shine a light on the injustices suffered by vulnerable communities caught in the crosshairs of larger political, economic, and social forces, particularly at a moment when the world is facing an unprecedented crisis that calls for compassionate ingenuity and proactive support to those most at risk. 

We will continue to report on this as more details unfold and the community regroups to decide what comes next.

Toto Constant is Back in Haiti

Emmanuel “Toto” Constant was deported from the United States to Haiti on Tuesday, June 23. Constant is the former leader of the FRAPH, a notorious paramilitary organization responsible for the deaths of thousands of people while the country was under military rule following the coup against Aristide in 1991.  Constant fled to the United States when Aristide was reinstated in 1995 where he remained until this week. Meanwhile, in Haiti, Constant was convicted in 2000 in absentia for his involvement in the massacre at Raboteau. Despite the conviction, Constant was allowed to remain in the United States. Early efforts to remove him stalled, and most assume he was being protected as a former CIA asset. However, he was later convicted of real estate fraud in New York and imprisoned. For many the hope was he would remain in prison. 

After serving 12 years of a 37 year sentence, Constant was released from prison and immediately taken into custody by Immigration and Customs Enforcement. Reports that Constant was to be deported emerged in early May. Over the course of several weeks ICE would put Constant on a flight manifest, to later remove him. Constant was finally deported this Tuesday. What does this mean?

Constant was arrested upon his arrival under the 2000 conviction which still stands. However, Constant is entitled to a new trial. Brian Concannon and Mario Joseph (both of whom were involved in landmark human rights trials in the late 1990s that led to the 2000 conviction of Constant and others) published an op-ed in the Miami Herald that explains what is at stake.

A credible prosecution of Constant must respect both his rights and those of the Raboteau Massacre’s victims, who have official status in the case under Haiti’s “civil party” system. The victims are entitled to a robust prosecution that presents all the available evidence, as well as the right to notice of hearings, to participate in some of them and to appeal rulings that infringe on their rights. The original Raboteau trial is a good benchmark: It included expert testimony from international forensic and military experts, documents from the military archives and extensive victim and witness testimony.

The passage of time since Constant’s crimes in Haiti does not prevent his prosecution. His death squad’s murder and torture of civilians were both widespread and systematic, placing them squarely within the definition of crimes against humanity, so the statute of limitations cannot apply. Constant was convicted under a command responsibility theory, and the evidence was mostly documents, which are as credible as ever.

For now, the hope is that Constant remains in custody. He has many former political allies in positions of power under the current government -and should he be released, could wreak havoc. The U.S. has a role here. In 2000 the Clinton administration stalled releasing documents related to FRAPH activity that had been taken by US forces from FRAPH headquarters in 1995 during the operation to reinstate Aristide. Once documents were released they were heavily redacted. The U.S. must support requests for evidence this time around. 

Deportation flights continue…for now

As indicated by Toto Constant’s arrival in Haiti, deportation flights are continuing. We encourage everyone to continue to reach out to members of Congress and press for an end to these flights.

If you have not done so yet, you can send a message to your member of the House and ask them to support legislation to end deportations to Haiti. The Haiti Deportation Relief Act was introduced by Frederica Wilson and has the support of committee and subcommittee chairs on the Foreign Relations committee – which means it could get a hearing, committee vote and make it to the floor of the House if people show enough support. It clearly will have a hard time moving in the Senate – but we must press when and where we can!

In addition, the Quixote Center’s Executive Director, John Marchese, was one of 360+ human rights activists and other notables to sign a letter that was sent to the Department of Homeland Security and State Department, including the U.S. Ambassador to Haiti, last week. The letter was organized by the Haitian Bridge Alliance. You can read that here. You can also then print this letter, and send it with a message to your members of Congress to end deportation flights! Find their address here.

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Take Action to Halt Deportations to Haiti

One of the most obvious ways in which ICE continues to thumb its bureaucratic nose at decency and common sense is their policy of continuing deportations amidst a global pandemic. Based on information from public flight tracking websites, the Center for Economic and Policy Research has identified 330 likely deportation flights to Latin America and the Caribbean since February 3, 2020. There were three flights yesterday – two to Mexico, one to the Dominican Republic.

We know that these flights have sent people who tested positive for COVID-19 to Mexico, Guatemala, Colombia, El Salvador, Jamaica, India and Haiti. Likely, people with the virus have been deported to most other places these planes fly. At this point it would be nearly impossible to assemble a flight where no one had been exposed, as coronavirus is now present throughout the ICE detention network. The testing regime is insufficient. ICE does not test everyone before they board a deportation flight, and those who are tested are given a 15-minute, “rapid test” that has been demonstrated to have a high false negative rate.

The chorus of people who have asked these flights to be halted is significant: Editorial boards, members of Congress and nearly every non-governmental organization working on immigration policy or in a country impacted by these flights. For more background on these flights and the problems associated with them you can read our reporting on this blog, Jack Johnson’s research article on the CEPR blog, or Daniella Burgi-Palomino’s opinion piece on Truthout here.

The latest effort demanding a halt to these flights is a letter to State Department officials, including the U.S. ambassador to Haiti, organized by the Haitian Bridge Alliance. This letter is demanding that deportation flights to Haiti in particular be halted throughout the duration of the current health crisis. The letter was released today. From the Haitian Bridge Alliance press release:

Today Ibram X Kendi, Danny Glover, Edwidge Danticat, Rev. Jesse Jackson Sr., Opal Tometi, Guerline Jozef, Dr. Barbara Ransby PhD, Randall Robinson, Jackson Browne, and Rainn Wilson, along with 359 other prominent human rights, humanitarian and racial justice leaders signed a letter urging the United States to immediately halt deportations to Haiti during the COVID-19 pandemic.

A letter to the U.S. Ambassador to Haiti Michele Sison, Secretary of State Mike Pompeo and Department of Homeland Security Acting Secretary Chad Wolf states: “Deportations export COVID-19 throughout the region and put countless lives at risk….The capacity of Haiti’s health system to respond to COVID-19 cases is already at its limit,” and a spike of infections could “destroy an already weak economy and exacerbate political instability.”

Immigration and Customs Enforcement (ICE) has sent six deportation flights to Haiti since March 18, despite the serious risk of infection to deportees and transmission upon arrival. At least eight deportees who had tested positive for COVID-19 by ICE were deported to Haiti on May 26. One of them complained of symptoms the night before he was deported. Given the severe limitations on the availability of COVID testing and the unreliability of test results, “there is simply no safe way to deport persons.”

ICE told the Senate Judiciary Committee on June 2, 2020, that it does not test all detainees before deporting them. The letter notes that of the 30 Haitians deported on May 26, 14 were not tested before deportation, and the other 16 were tested with the “15 minute test” which the Food and Drug Administration considers unreliable because it gives “false negatives.” The lack of reliable testing violates explicit promises given by the United States to Haiti that it would test all deportees within 72 hours of their departure.

What can you do….

Frederica Wilson has introduced legislation in the House of Representatives to halt all deportations to Haiti until the health crisis in both countries is over. You can click on the button below send a message asking your member of Congress to co-sponsor this legislation.

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#FreeThemAll Campaign Update #3

Since early March we, and many others, have been calling for the release of people from prisons, jails and immigrant detention centers as a necessary step to stop the spread of COVID-19, and protect the lives of those incarcerated. During late March and April there were releases, largely of people in pre-trial detention in county jails and/ people at the end of their sentences, if they had been incarcerated for a non-violent offense. At the same time very few state prisons joined in releases, and the Federal system also largely failed to release people. 

The numbers now are truly horrific. As of June 9, the Marshall Project reports that 43,967 people who are incarcerated in state and federal prisons in this country have tested positive for COVID-19 – and only a handful of states have even begun wide-spread testing in prisons. That is an overall rate of close to 29 per 1,000.  States that have instigated wide spread testing regimes, such as Texas, have double this rate or more. New Jersey has the highest rate at 135 cases per 1,000. 

522 people have died of COVID-19 in prison since the beginning of the outbreak.

In addition, there have been 9,180 cases of prison staff with COVID-19 and 38 deaths.

The Marshall Project breaks down the data by each state. You can review their reports here.


In immigrant detention centers, the total number of people being held has fallen off dramatically – from 38,000 in mid-March to just over 24,000 today. However, the driving force behind this fall in detentions is not releases but deportations. While advocates have been successful in getting humanitarian releases for individual clients, it has been quite a battle, as ICE has fought every effort in the courts. ICE has also continued its process of transferring people within its detention network, which has accelerated the spread of the disease. Meanwhile, deportations have continued, and include documented deportations of people with COVID-19 to Mexico, Jamaica, India, El Salvador, Guatemala, Colombia, and Haiti, with concerns about deportations to Brazil and Ecuador as well. 

ICE has been reporting confirmed cases of COVID-19 among people incarcerated in their detention network since April, but recently changed the format of these reports. They also reported an inexplicable increase in the number of people tested over two days by 1,800, with no parallel increase in cases. That said, according to official data, of the 5,096 people tested, 2,016 have tested positive (as of June 5). Almost 1,000 are still in custody. ICE only reports 2 deaths in custody, but we’ve reported on three, and frankly, people released and/or deported are not tracked. Which is to say, I don’t believe their reporting on this at all.

Conditions inside immigrant detention centers and prisons remain horrible. Among the more outlandish cases of gross inhumanity, is the GEO Group’s spraying of chemical disinfectants intended for outdoor use inside Adelanto Detention Facility. On May 21, Freedom for Immigrants reported jointly with the Inland Coalition for Immigrant Justice that dozens of people have been made sick by the use of this disinfectant  – but the company has not (as of this writing, to my knowledge) changed its practice. ICE, for its part, has simply backed the company, saying any suggestion they are using the chemical inappropriately is a lie.

Check out the FreeThemAll campaign and follow for further updates and actions.

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Black Lives Matter

The murders of George Floyd, Breonna Taylor, Ahmaud Arbery and countless other Black people by police officers and racist vigilantes attest the need for systemic change and solidarity in the fight for justice and equity for Black communities. The Quixote Center stands in solidarity and friendship with Black communities and the Black Lives Matter movement.  

As a multi-issue social justice organization, the Quixote Center aims to bring about lasting systemic change. Confronting racial injustice in the United States and elsewhere requires action that undercuts the material bases of oppression. We call for and support campaigns that seek to defund police departments, eliminate Immigration and Customs Enforcement, end the detention of migrants and seek the abolition of prisons. Funds used to police and incarcerate should instead be directed toward building sustainable communities. 

We support in an unqualified way the right of those who are engaged in protest actions in response to injustice, particularly racism, at this time. The harm to human life, disproportionately to the Black community, brought about by state violence and persistent institutional racism, must end. 

For those who are unable or do not feel it would be prudent to participate in mass mobilizations at this time for health reasons – particularly in light of the global pandemic – there are other ways to support the cause of racial justice.  

    • For those who would like to learn more about anti-racism work, you can start here.
    • For those who want to get engaged in movement activities, the Movement for Black Lives has a list of ideas for actions, coded for degrees of risk, connected to themes that have animated the ongoing week of action.
    • For those who want to support protesters in the streets from their homes, here are some ideas.
    • For those who want to donate to black-led organizations working directly on questions of racial justice, here are just a few to get started:
      • Black Lives Matter– Founded in response to the acquittal of Trayvon Martin’s murderer, BLM is an international organization whose mission is to eradicate white supremacy and build local power to intervene in violence inflicted on Black communities. 
      • Minnesota Freedom Fund– Community-based nonprofit that pays criminal bail & immigration bonds for individuals who have been arrested while protesting police brutality. 
      • Movement for Black Lives – created as a space for Black organizations across the country to debate and discuss the current political conditions, develop shared assessments of what political interventions were necessary in order to achieve key policy, cultural and political wins, convene organizational leadership in order to debate and co-create a shared movement wide strategy.
      • Black Visions Collective– A black, trans & queer-led organization that is committed to dismantling systems of oppression & violence, & shifting the public narrative to create transformative long-term change. 
      • Campaign Zero– online platform & organization that utilizes research-based policy solutions to end police brutality in America.
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Can you shame the shameless?


In order for nonviolence to work, your opponent must have a conscience. The United States has none.  Stokely Carmichael

Last week the United States government deported 150 people to India, among them were 76 people from Haryana State. Upon arrival 22 of those people tested positive for COVID-19. On Tuesday of this week, the United States deported 30 people to Haiti. Eight of those people tested positive while in detention in the U.S. in late April or early May. None of them had been retested before being put on a flight. As I write now, those deported are being quarantined and retested in Haiti – where access to tests is in short supply. 

On Sunday, May 24 Santiago Baten-Oxlaj died after being detained at the Stewart Detention Center in Georgia. He was the third person to die in the last three weeks with COVID-19.  Like the other two to die, Oscar López Acosta, and Carlos Ernesto Escobar Mejia, he was facing “criminal removal,” meaning he had committed a crime in the United States, completed a sentence in a U.S. jail or prison for that crime, and was then picked up by ICE to be deported. The “crimes” that led to months-long detention, and ultimately death for these three men, were a conviction for drunk driving, years old drug possession charges, and crossing the border without papers for a second time. Certainly, they had done nothing to warrant a death sentence, which the 25,911 people in detention as of May 23rd are now facing. They should all, I repeat, ALL, be released to shelter in place with family. For those who don’t have family, there are community sponsors lined up to assist. This must be done now. We’re basically out of time.

ICE has tested about 10% of the people in custody – 52% of those tested, 1,392 people as of May 29, have tested positive. Despite months of warning, ICE has done next to nothing to change its procedures. They have provided almost no protective equipment. Indeed, two men working for a private contractor in a Monroe, Louisiana facility, where staff were told not to wear face masks, are now dead. ICE has continued to move people around from facility to facility within the United States. Even those they know have COVID-19. They have continued to deport people – from these facilities, to countries around the world. 

In the process, ICE is confirmed to have deported people with COVID-19 to Haiti, Mexico, Jamaica, Colombia, India and Guatemala. ICE has very likely sent people with coronavirus to Ecuador, Brazil, Honduras and El Salvador, as well, and possibly even Nicaragua, which sees very few deportations, but did have a flight last week that originated from the Alexandria, Louisiana Staging Facility – the site of the worst staff COVID-19 outbreak in the system.  ICE has done such a bad job at containing the virus within its detention facilities, that it is becoming impossible for them to put together a flight without people who have been exposed. They are supposedly testing more under pressure from recipient countries, but can’t even do that right. In the last two weeks, ten people arrived in Guatemala with COVID-19 on deportation flights after ICE assured the government that all had been tested. This was at least the fourth deportation flight to Guatemala that included people testing positive for COVID-19 upon arrival. The president of Guatemala suspended flights from the U.S. for the third time last week, and was, for the first time, publicly critical of the U.S. government for showing such disrespect to his country.

The next day, the United States deported 25 children to Guatemala anyway. 

Immigration and Customs Enforcement was already a pretty unpopular agency before COVID-19. Thus far, in the context of a global pandemic, ICE has conducted itself with a “callous indifference” to the conditions of the people in its custody. It is not a secret, of course, and so, ICE’s non-handling of containment related to COVID-19, the deaths in custody, and the absurdity of not just deporting people, but strong arming governments critical of the practice, have all resulted in criticisms far and wide. From members of Congress, to the editorial boards of major newspapers and foreign leaders  – people have spoken out to halt deportations and drastically reduce the number of people in detention. Nothing has changed. 

As the quote above suggests, it is nearly impossible to tweak the conscience of people who have none. That is the situation we are facing with immigration enforcement in this country. The people responsible are indifferent to the consequences of their practices. Checks and balances are not working. The administration simply refuses to answer questions, or lies to Congress with impunity. Federal courts are the one venue where practices have been challenged successfully, but upon appeal, the Supreme Court has sided with the Trump administration more often than not.

So, how to shame the shameless?

You can’t. You can’t reason with people who have constructed a highly profitable immigration gulag out of lies and misinformation. And you can’t stop them from putting all of our lives at risk by failing to enforce the most basic health precautions against COVID-19. They do not care. 

What can we do? We can out maneuver them. First, while the national scene seems hopeless, at the local level people are winning fights, getting people released, and moving local, county and even state governments to push back against the ICE enforcement machine. The people in power in D.C. will not be there forever, and to dismantle what they have wrought we will need a vocal constituency to keep up the pressure once they are gone. Local action builds that national constituency one campaign at a time. Check out the #FreeThemAll campaign for connections.

Second, there is the creation of a parallel infrastructure. There now exists an expansive ecosystem of support for migrant communities in this country – from a national network of community bail funds, to shelters, to sanctuary churches and sanctuary cities providing a wide range of services. The government cannot really touch these things. The folks in the White House can complain, demonize and misinform, and curtail state support where it exists. But they can’t stop this process. 

Finally, in all of this work there are efforts to build out. The immigration rights movement is significant – and has grown tremendously as a result of Trump’s all out war against immigrants. That said, we can’t win alone. In freeing people from detention, we build common cause with the prison abolition movement. In organizing to support immigrant workers fighting wage theft and abuse in the workplace, we reach out to labor organizers. Together we all can fight climate change – a major driver behind forced displacement, and we must speak out against the brutality of war and our government’s foreign policy more generally that contributes to forced displacement and bankrupts us here at home. 

I don’t honestly care one bit what Trump thinks at night when alone, or whether he regrets the cruelty he has sought to normalize for political gain. I doubt such self-reflection is possible for him. What keeps me up at night is thinking about how to make his point of view irrelevant.  We might not find a conscience there to tweak, but we do outnumber them. Let’s not ever forget that and work together to make the world we want to see.

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Contact Us

  • 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.

For public transportation: We are located near the College Park metro station (green line)