Immigrants Face Long Detention, Few Rights - (Update on Sarjina Emy)

An MSNBC article, "Immigrants Face Long Detentions, Few Rights," gives us an update on Sarjina Emy; a 20 year old honors student who was brought to this country at the age of 5 from Bangladesh and spent nearly 2 years in a detention facility.

"We're immigrants, and it makes it seem like it's worse than a criminal," said Sarjina Emy, a 20-year-old former honors student who spent nearly two years in a Florida lockup because her parents' asylum claim was denied when she was a child. "I always thought America does so much for justice. I really thought you get a fair trial. You actually go to court. (U.S. authorities) know what they are doing. Now, I figured out that it only works for criminal citizens."

Emy, who was raised in Orlando, Fla., spent 20 months in a detention center even though she had no criminal record. She traded her Baby Phat clothes for a gray uniform and window-shopping at the mall for a law library behind razor wire.

Her only crime? Her parents, who feared her father's political affiliations endangered the family, brought her and two brothers to the United States from Bangladesh in September 2003 — when she was 5, according to court documents.

She doesn't speak Bangla and never imagined a future without college. No one in her family realized her father's work certificate from the Labor Department didn't equate to legal immigration status.

Family members were rounded up in July 2007, treated as fugitives on a dated but active deportation order.

Her parents were deported first. Emy languished in custody while continuing her fight to stay.

But because the asylum application had been filed on behalf of the entire family, only the parents got a hearing. Emy never saw a judge, according to Emy and her attorney.

"Justice is not being served," she said from a prison pay phone.

In January, a federal appeals court denied her petition to stay in the U.S. Fearing she'd celebrate another birthday behind bars, Emy agreed to be deported and left the country Feb. 18.

Immigration law "is the only United States law where we punish the children for the actions of their parents," said Emy's attorney, Petia Vimitrova Knowles.

Immigration violations are considered civil, something akin to a moving violation in a car, so the government can imprison immigrants without many of the rights criminals receive: No court-appointed attorney for indigent defendants, no standard habeas corpus, no protection from double jeopardy, no guarantee of a speedy trial.

"You're locking up people without even a hearing," said Judy Rabinovitz of the American Civil Liberties Union's Immigrants Rights Project. "That, to me, is the outrage: basic due process. Since when do we allow the government to lock up people without even giving them a bond hearing?"

This is our tax dollars at work. Imprisoning honors students for 20 months, without even a hearing, and deporting them back to a country they don't know or remember. When will people wake up and realize we need people like Emy in the United States? She did nothing to deserve the unfair and inhumane treatment she received, let alone getting deported from her country. I hope she's doing well.

My name is Maria and I am an American

From Change.org Immigration Blog


I have decided that a tiny little piece of paper and a 9-digit number are not going to decide what I am or what I am not. I don't define myself by my undocumented status. Yes, I am undocumented, but I am an American first.

I am an American because of the pride I feel when I hear The Star-Spangled Banner and the pride I felt when I saw our first black President take the oath of office; only 45 years after Lyndon B. Johnson signed the Civil Rights Act of 1964. I am an American because I love this country and what it stands for. I am an American because this is my home.

I was born in Lima, Peru and lived there for the first 12 years of my young life. My parents had lost their business and only source of income due to the economic situation of the country. As my parents struggled to find jobs to keep our family afloat, they were left with no choice but to keep me out of school for a year as they could not afford it. This is not what parents want for their kids, and this is not what my parents wanted for me. This is why they finally decided to seek a better future in "the land of opportunity;" to provide my siblings and I with the tools necessary to build a good life.

It's Been a While..

So, what has happened since my last blog post? I think the most important thing is, we now have a new president. How amazing and inspiring that day was, I pretty much spent it glued to my T.V. wishing I was there. Since the inauguration, President Obama has not focused much on immigration which is understandable with the hard economic times this country is going through. However, I'm really hoping the DREAM Act gets introduced during the beginning of this year. This will not happen without us pushing him, though.

Anyway, I am taking Political Science at school this year and apparently, there's a wannabe ICE agent in my class. Well, to be fair, he didn't say that but he said he is very much against illegal immigration. Ironically, he sits next to me. I wish I would have been brave enough to stand up and say something, but for some reason, I think that people will realize I'm undocumented if I do so. Completely ridiculous, I know. Maybe if I lived in a more liberal state, but PA is not exactly immigrant-friendly. That does not excuse the fact that I kept quiet, and if the topic ever comes up again (which I'm sure it will), I will make sure to shut him up. I wonder what he would say (or do) if he knew he sits next to one of those "illegal immigrants," though. Would he change his mind? Or would he become one of those "you're taking a U.S. citizen's college seat!" kind of people?

Probably the latter. I'm not feeling optimistic today.

Take Action!

We are continuing to make progress on Change.org. We recently moved from the 15th to the 14th position on the website and are one of the ideas with the most endorsements! Please, don't forget to e-mail your friends and family asking for their support and vote. Also, contact your local organizations and ask for their endorsement and support as well!

Visit DreamACTivist.org for more information on how to get involved!

DREAM Act 2009!

Vote for the DREAM Act on Change.org!

From DreamACTivist.org

The problem: Many American students graduate from college and high school each year, and face a roadblock to their dreams: they can’t drive, can’t work legally, can’t further their education, and can’t pay taxes to contribute to the economy just because they were brought to this country illegally by their parents or lost legal status along the way. It is a classic case of lost potential and broken dreams, and the permanent underclass of youth it creates is detrimental to our economy. Former Republican Sen. Orrin Hatch has said: “In short, although these children have built their lives here, they have no possibility of achieving and living the American dream. What a tremendous loss for them, and what a tremendous loss to our society.”

The solution: The federal DREAM Act (Development, Relief, and Education for Alien Minors Act), is a bipartisan legislation that would permit these students conditional legal status and eventual citizenship granted that they meet ALL the following requirements:
–if they were brought to the United States before they turned 16, are below the age of 30,
–have lived here continuously for five years,
–graduated from a U.S. high school or obtained a GED
–have good moral character with no criminal record and
–attend college or enlist in the military.

Why should you care? There is no other pathway to citizenship for these students. Besides the injustice of punishing children for the alleged transgressions of their parents, throwing away the talent we have invested in from K-12 and accruing losses in human and financial capital by deporting talented students is bad public policy. The Social Security Administration has recently stated that we need a net increase of 100,000 immigrants each year to ensure Social Security solvency. Passing the DREAM Act would actually help solve the Social Security crisis by creating a larger taxable base of educated Americans that are already in the United States. It would also free some of the backlog that currently plagues the legal immigration system. Also, the DREAM Act in its latest form, does not grant in-state tuition to any student.

Endorsements: Since 2001, almost a 1000 organizations have officially endorsed the bill. Barack Obama has stated that DREAM Act beneficiaries are “American children for all intents and purposes” and has called this a top priority.

Tell President-Elect Obama to pass the DREAM Act in 2009. See DreamActivist.org to get more involved.

From Jan 5 to Jan 15, Change.org has resumed the final round of voting
for ‘Ideas for Change.’ The Top 10 Ideas get presented to Barack Obama
at an event co-hosted with The Case Foundation at the National Press
Club in Washington, DC on January 16th.

Links to vote for the Top 3 ideas in Immigration
http://www.change.org/ideas/view/pass_the_dream_act_now
http://www.change.org/ideas/view/equal_immigration_rights_for_same_sex_binational_couples
http://www.change.org/ideas/view/provide_relief_for_families_of_immigrants

Important - You have 10 votes as a person and as a non-profit /
blogger, it is alright to endorse more than one idea.

ENDORSEMENTS
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What I'm Thankful For.

Being undocumented.. well.. sucks. There are many things that have been denied to me because I don't have that little piece of paper. I can't find another job because I know I wouldn't be able to find one legally. I can't drive a car because I'm unable to get a driver's license. But most importantly, I can't go to school full-time because of the super expensive international tuition I have to pay. And let's not forget the awkward conversations that arise from these such as "Why don't you drive?" "You're still in school? Aren't you 21?" "You've been working there for HOW long??"And while all of these things should make me not want to get out of bed in the morning, I can't help but feel optimistic of what next year will bring.

You see, being a DREAMer is not only about being an undocumented student. It is also about being a fighter. Every day, DREAMers across the country are faced with obstacles because of their status. But instead of giving up, we fight. We fight for our right to be considered American. We fight for our right to an education, for our right to live a normal life. Because we deserve it. We've earned it. And while some people believe we shouldn't be in this country, they will never be able to take away the fact that we are Americans. They can't take away the fact that this is our home.

And while this may shock some people, some good things have come out from being undocumented. This is not to say that I'm glad I'm undocumented, I'd much rather be legal. But I am not ashamed of being a DREAMer. As a result of my status, I value education in a way many U.S. college students don't. Instead of wasting my money on going out and partying, I save it in order to pay for school. I study and work hard to make sure I keep my 4.0. And even though I'm going to have to wake up bright and early next semester, I can't wait to go to school because I love learning. I love homework, I love lectures. But not only has being a DREAMer helped me appreciate school, it has also helped me appreciate life. It has helped me appreciate the things I have; a roof over my head, food to eat, a bed to sleep on. Simple things that many people across the country and the world don't have.

Perhaps I would feel the same way if I wasn't a DREAMer, but there's no way of knowing. Being a DREAMer has made me a better person, and for that I am thankful.


Happy holidays, everyone!

Senate Poised to Act Quickly on Key Issues

According to Paul Kane from the Washington Post, the DREAM Act seems to have a very good chance of passing next year.

Civil rights: After the failure of sweeping immigration overhaul, Democrats scaled back their effort to focus on the DREAM Act. The legislation would have halted deportation efforts of children who are here illegally, giving them citizenship opportunities if they entered the country before age 16 and have lived here for five years.

That bill was blocked after receiving 52 votes, but four supporters were not present. For the 111th Congress, seven Democrats will replace Republicans who voted against the bill. Barring a push for broader immigration restructuring by Obama, Senate aides said this smaller measure should have enough support to pass.
Source

Let this provide us with enough motivation to keep fighting to make our DREAMs a reality. Yes, we can. Yes, we will!