Declaration of INS Wrongs
by Charlie McAteer IV
This week marks the 50th Anniversary of the Universal Declaration of Human
Rights adopted by the United Nations General Assembly. Perhaps Congress
should read it. The Immigration and Naturalization Service in particular
needs a refresher course. These two institutions are working in tandem to
ensure that America is known as the "land of immigrants" only in its
history books.
INS treatment of U.S. immigrants--regardless of citizenship status--is
shameful. The organization violates articles in the UN Declaration that
guarantee liberties many Americans take for granted. These include the
right to join trade unions, security of person, and access to legal
counsel. This vital document also protects individuals from arbitrary
arrest and detention, attacks upon honor, and degrading treatment or
punishment.
Congress handed the INS a vicious weapon in the 1996 Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIRA). And the political climate
for immigrant protection remains extremely chilly today.
In early October the final nail of the Draconian IIRIRA was hammered into
place, requiring the INS to deport thousands of people based on retroactive
crimes. These legal permanent residents and non-citizens are being thrown
into detention or jail regardless of how long ago they committed the crime
and how long they have lived in the U.S. Congress loosened the definition
of "aggravated felony"--which is grounds for deportation--to include
perjury, some gambling offenses, and failure to appear before court for
certain charges. The drastic redefinition encompasses most crimes that
carry a one-year sentence or more, including 12 months of probation.
Recently, the INS swept up over 500 immigrants with three or more
drunken-driving convictions and put them on the road to permanent
deportation. That was in Texas alone. Many of those arrested had already
served time for their crime years ago and had successfully undergone
treatment for alcoholism. Rehabilitation should be the goal of
incarceration and must be encouraged.
The stark language of the IIRIRA offers no leeway for mitigating
circumstances and reduces chances of appeal. Those taken into custody
cannot be released on bond and, once deported, can never legally return to
the U.S. This clearly ignores the constitutional right to due process.
The INS currently detains about 16,000 people. This number has tripled over
the last six years, making the INS the most rapidly expanding prison
program in the country. It's prison, because the majority of detainees are
held in city and county jails. These jails rarely provide adequate access
to medical care, educational or vocational training, religious services, or
recreation, and do not guarantee legal counsel. Often, detainees--people
seeking citizenship in the land of immigrants--are treated like criminals.
And some are detained indefinitely.
Many Uch, a legal immigrant from Cambodia, sits in the Kent Correctional
Facility with no end to his captivity in sight. He already served his
sentence for attempted robbery, which had been reduced for good behavior.
Now it has been over a year since his expected release, yet he continues to
wait, growing more frustrated and resentful. IIRIRA and bad will keep him
confined.
Deportation is difficult to countries that the U.S. has no diplomatic
relations with, like Cambodia, Cuba, North Korea, and Afghanistan. However,
this legal hassle grants the INS no excuse for incarcerating people who
have already faced their punishment, holding them indefinitely with no
legal recourse. These actions clearly violate Articles 8 and 9 of the UN
Declaration. The first guarantees "effective remedy" by the courts when an
individual's rights are threatened and the second protects against
arbitrary detention.
Harsher immigration law also deters people from seeking citizenship.
Branded by a past felony, many permanent residents do not want to step
forward and risk deportation.
As thousands of applicants wait patiently for the citizenship process to
grind forward, Congress heaps millions more on border control and interior
enforcement. This emphasis spurs an increase in INS raids, many of which
have been documented by the Washington Alliance for Immigrant and Refugee
Justice. Some of these incidents reveal blatant portrayals of human rights
violations: racial targeting, denial of due process, unlawful search and
seizure, and physical and psychological abuse.
Even though less than half of the undocumented population is Mexican, INS
agents routinely target individuals who they believe to be Mexican based on
racial and ethnic stereotypes. Selective enforcement exacerbates tensions
in a society already stained by institutional racism.
Frequently, U.S. citizens and legal permanent residents are arrested during
raids, upsetting their constitutional rights. In WAIRJ's scathing report,
witnesses describe how INS agents use physical and verbal abuse to threaten
and control workers during raids.
Yet, the INS cannot control immigration. Even though raids appear popular
during a time of heightened immigrant bashing, they ignore the root causes
of immigration. An effective strategy must embrace international human
rights standards and work to mend the economic, political, and
environmental dilemmas that promote migration.
These uncivil INS tactics violate the heart of the UN Declaration of Human
Rights. The Declaration was created in a legal void where lack of respect
for human rights resulted in barbarous acts. Its principals are supposed to
ring in harmony with our democracy. Instead, the INS now has more armed
employees than any other federal law enforcement agency, and Congress
fortifies their relentless watch with authoritarian laws. But who watches
the INS?
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