Commission Honors Outstanding Women - FIAC Board Secretary, Jane Herron, Among The Honored	June 6, 2008 Printable version
Tallahassee, FL (June 4, 2008) — The Florida Commission on the Status of Women will honor Rosie Andre, Micheline Louis Charles, Jane J. Herron, Tania Lopez, Sandra Merritt, and Venghan (Winnie) Tang with a FCSW Florida Achievement Award for their work in improving the lives of women and families in their communities. They will receive recognition in a special afternoon ceremony during the second quarterly meeting of the Commission on Saturday, June 7, 2008, 2:00 p.m. – 3:00 p.m. at the Law Offices of Gunster Yoakley, PA in West Palm Beach, Florida. In addition to the Achievement Award from the Commission, each will receive a congratulatory letter from Governor Charlie Crist. “The Florida Commission on the Status of Women is dedicated to empowering women in achieving their fullest potential, and to recognizing women’s accomplishments,” said Claudia Kirk Barto, Commission Chair. “We are proud to honor these outstanding women for their tremendous achievements and dedicated service.” The Commission will meet to conduct business on Saturday, June 7, 2008, 9:00 a.m. to 1:00 p.m., at the Law Offices of Gunster Yoakley, 777 South Flagler Drive, Suite 500 East, West Palm Beach, FL. The meeting is open to the public and all interested parties are encouraged to attend. The Florida Commission on the Status of Women is a nonpartisan board, statutorily created in 1991 consisting of 22 appointed members, administratively housed in the Office of the Attorney General, Bill McCollum. The Commission is dedicated to empowering women in achieving their fullest potential, to eliminating barriers to that achievement, and to recognizing women’s accomplishments. Additional information on the Commission is available from its web site at http://www.fcsw.net. -End- FCSW FLORIDA ACHIEVEMENT AWARD BIOGRAPHIES Rosie Andre is a compassionate leader and mentor who seldom hesitates to lend a helping hand. She serves on many committees and has sponsored clubs to create awareness on tolerance and acceptance of other ethnicities. While volunteering countless hours to the well-being of many in Homestead and Florida City, Ms. Andre has motivated parents and youth to change negative views about both life and education. For example, one of her students has recently received a full scholarship to the University of Miami. Ms. Andre is respected by many in her community for transcending her call of duty to helping others. Micheline Louis Charles is an Officer of the SEIU Healthcare Florida and is the highest ranking Haitian labor leader in Florida and the Southeast. A longtime activist for the immigrant workers in Florida, she is the President of Unite for Dignity for Immigrant Workers Rights, Inc., (UFD). Their mission is to help develop the leadership ability of immigrant workers so they have the tools and the confidence to lead the various struggles in their communities. She has raised five children who are now successful professionals working in the United States, and is also a proud grandmother of six. Ms. Charles was awarded an honorary degree from Miami Dade College at the end of April. Jane J. Herron is a tireless and energetic volunteer for Boystown of Florida, Florida Immigrant Advocacy Center (FIAC), and the United Way of Miami-Dade. Because of Ms. Herron’s dedication, the immigrant children sheltered at Boystown have a greatly enhanced educational atmosphere and creative outlets for their emotions, alleviating the depression of being held in a foreign country. Ms. Herron has truly been an inspiration and leader for all citizens of the state of Florida. Tania Lopez serves at the South Florida Care Resource Network as a speaker on HIV/AIDS prevention and awareness. Ms. Lopez has impacted the lives of many in the homeless shelter and has deeply changed many perspectives of active relations with other persons. She not only teaches others, but she shares from her personal experience with her husband and the affect on others around him. Ms. Lopez is a living testament and a priceless investment in the lives of others. Sandra Merritt is a devoted leader who has dedicated countless hours to serving her community. With joint voluntary efforts of various organizations throughout the years, she has unselfishly given of her time to all underprivileged guests, regardless of culture or race. In a variety of ways, Ms. Merritt is a treasure and true steward of the gift of charity while carrying out her mission in life – the empowerment of men and women, families, and those who are less fortunate by dispensing food, and providing shelter and clothing. Venghan (Winnie) Tang is a community advocate and helps many to become citizens through ongoing Citizenship drives in the Asian community. Throughout the years, she has organized job fairs and workshops in various areas such as legal, welfare, health, education, and civil rights. Working closely and effectively with minority community and mainstream media, she also works tirelessly to organize programs which include the annual Chinese New Year Festivals, Asian Pacific American Heritage Month celebration, Miss Florida Asia. “Ms. Tang continues to be a potent force for good” and continues to make a significant contributions to her local community.
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Would-Be Voters File Class Action Over Citizenship Delays	June 5, 2008 Printable version
With a presidential election just months away, ten (10) lawful permanent residents from South Florida filed a class action lawsuit in federal court challenging extraordinary delays in adjudicating citizenship applications. Plaintiffs are longtime, tax-paying members of the community who ask nothing more than for an end to the delays so they may finally swear allegiance to this country and exercise the right to vote. Plaintiffs include nationals of Russia, Cuba, Panama, Guyana, Morocco, Pakistan and Bangladesh. Oksana Weaver, a Russian national, works as an academic advisor for a local university. Ms. Weaver’s parents, husband and son are all U.S. citizens; however, she has been waiting for more than 3 years for a decision her application. Luciano Horna, a Panamian national, has worked as a commercial pilot for more than 30 years. His wife and children are U.S. citizens; however, he has been waiting for more than 2 years for a decision his application. Mercedes Gomez, a Cuban national, has also been waiting more than 2 years for a decision on her application. While she waits for her citizenship to be approved, Ms. Gomez, a disabled, single mother, does not qualify for certain public benefits her family desperately needs. Raheel Rangoonwala, a Pakistani national, has been waiting more than 4½ years for a decision on his case. While he waits, he must endure a prolonged separation from his wife, who remains in Pakistan. All are anxious to vote in the upcoming election. Federal law requires a decision within 120 days of the naturalization interview, but the named Plaintiffs have been waiting nearly 2-4 years for a decision since passing the citizenship interview. The lawsuit is on behalf of all applicants for naturalization residing in South Florida who meet all statutory criteria for citizenship, but have not received a decision for more than 120 days since the interview. Plaintiffs challenge the continuing delays caused by USCIS and FBI as a result of “name checks” that USCIS now requires for citizenship applicants. The “name checks” were rashly implemented in 2002 without providing notice or comment to the public, and are not required or authorized by law. In 2006 and 2007, the USCIS Ombudsman acknowledged that these FBI name checks are not required because of any threat or risk perceived by the FBI, and that “name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.” In April, USCIS and FBI announced a joint plan to eliminate these delays within months. However, in South Florida the delays persist. There are likely hundreds, if not thousands, of similarly delayed applicants throughout South Florida.
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FIAC Board of Directors Elects Officers	May 29, 2008 Printable version
Board Officers Elected Will Direct One of Nation’s Largest Non-Profit Immigration Legal Services Organization May 29, 2008 - Florida Immigrant Advocacy Center (FIAC), one of the nation’s largest non-profit agency providing immigration legal services, announced the election of officers for its Board of Directors for the coming 2008-09 term:      President          -     Mr. Carl Goldfarb, Esq.      Vice President -     Mr. John de Leon, Esq.      Treasurer       -     Ms. Nancy Audain Allen      Secretary       -     Ms. Jane Herron The officers were elected at the Annual Meeting of the Board of Directors. Carl Goldfarb is a partner with the law firm Boies, Schiller & Flexner LLP, and has been a member of the Board since 2000. John de Leon is an attorney and principal with the firm Chavez & de Leon PA, he has been a member of the Board since 2006. Nancy Audain Allen is President of the Women’s Business Development Center and has been a member of the Board since 2001. Jane Herron is a community activist and philanthropist and has been a member of the Board since 2005. About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agency providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 60,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC’s 48 member staff provides services at offices in Miami, Fort Pierce and Homestead. The organization is recognized nationally as a powerful advocate for immigrants’ rights and as a leader in the immigration field. ****
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Former Ice Officer Pleads Guilty	April 3, 2008 Printable version
Prosecutors Recommend 87 Month Sentence Earlier today former ICE officer Wilfredo Vazquez pleaded guilty to knowingly engaging in a sexual act with FIAC’s client, MC, who was in ICE custody at the time, and to knowingly threatening her and placing her in fear. Vasquez took MC to his home on September 21, 2007 and was charged with raping her after picking her up at Krome to transport her to the Broward Transitional Center (BTC). Vasquez was arrested in mid- November of last year and was denied bond. His trial was scheduled to begin on March 31st. He repeatedly denied having sex with MC when interviewed by government agents. After learning about the plea deal, MC told FIAC that she’s very grateful to the U.S. Attorney’s Office and DHS investigators. She told Cheryl Little, FIAC’s Executive Director, “This has been such a dreadful experience. At first I just wanted to give up and go home. I didn’t want to think about what happened to me and I was scared the Officer would try to hurt me. I was also worried about what all this would do to my family. But I decided to testify during the trial because I wanted to make sure this officer is punished and won’t be able to rape and hurt anyone else.” “Justice has finally been served,” said Cheryl Little. “Hopefully this will send a message to other officers that they will be held accountable for their actions. Women in immigration custody are particularly vulnerable to this kind of abuse. We fear that far too often women who are sexually abused by officers are transferred to remote facilities or deported and cannot complain.” Kelleen Corrigan, a FIAC attorney who is assisting MC to apply for a U Visa said, “I know of no one more deserving of a U Visa. I have witnessed the extent of her suffering because of the rape and there were times when she could barely communicate with me because she was so traumatized.” U visas are given to victims of severe crimes who have been helpful in a criminal investigation.
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Muslim Citizenship Applicants in Legal Limbo	February 21, 2008 Printable version
On February 19, fourteen (14) legal permanent residents from Tampa and Orlando filed a lawsuit in federal court in Orlando challenging the unusually lengthy delays in adjudicating their naturalization applications. Eleven (11) green card holders filed similar federal lawsuits in Miami in December. Although federal law requires a decision within 120 days of the naturalization interview, these Plaintiffs have been waiting for more than a year – and some more than two, three or even four years – since successfully completing the citizenship interview. Some Plaintiffs obtained residency after winning asylum; others are the only non-citizens in their households. Without citizenship, many of these plaintiffs are separated from family members abroad, and all are unable to vote in the upcoming Presidential election. “These lawfully residing Muslim applicants have done all that’s been asked of them,” Cheryl Little, director of Florida Immigrant Advocacy Center (FIAC) said. “They’ve followed all of this country’s rules to achieve the most prized of benefits – U.S. citizenship, yet they remain in legal limbo.” Altaf Ali, Miami director of the Council on American-Islamic Relations added, “The delay in obtaining their citizenship has made many in the Muslim community feel stigmatized, targeted and isolated.” Although these Plaintiffs have been law-abiding members of their communities for years, they have been told that their applications are delayed due to background or “name checks” required for all applicants by Citizenship and Immigration Services (CIS). The CIS Ombudsman has acknowledged, however, that FBI name checks are not needed because of any threat or risk perceived by the FBI, and that “name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.” Plaintiff Arshad Mahmood, a real estate agent residing in North Miami Beach, applied for citizenship in 2002 and has waited more than five years for an answer in his case. Meanwhile, Mr. Mahmood has been separated from his wife and daughter, who reside in Pakistan. Mr. Mahmood tried every avenue for help, including writing to his Congressman and Senators, and even to President Bush. In January 2008, after our lawsuit was filed on his behalf, Mr. Mahmood finally received word that he has been scheduled to take his citizenship oath in March. “This delayed citizenship process almost destroyed my marriage,” Mahmood told his attorneys. “While I am waiting in U S A for my oath, my wife and daughter are waiting overseas.”
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Denounce Draconian Detention Provisions in Senate Immigration Bill	May 21, 2007 Printable version
Immigrant families in Florida with no criminal histories who pose no threat to our national security are being detained in record numbers. More than 18,000 immigrants have been arrested nationwide since last year, pursuant to ICE’s “Operation Return to Sender.” One in ten were arrested in Florida. The impact on Florida families has been devastating. Babies have literally been pulled out of their mothers arms and children hastily left with unrelated caregivers or placed in foster care as parents are taken into custody. Recent government reports have confirmed that conditions of confinement are frequently harsh and punitive and federal standards of detention, designed to ensure detainees’ safe and humane treatment, are regularly ignored.     In 2006, 26,500 people were held on any given day by Immigration authorities, costing $1.2 billion a year. Pending legislation proposes to add another 20,000 detention beds. A subsidiary of Halliburton has already been contracted to build temporary detention facilities. Congress should put politics aside and permit those in the U.S. without legal documents who are contributing greatly to our economy to embark on a path to legal status. As DHS Secretary Michael Chertoff recently pointed out “Right now, I've got my Border Patrol agents and my immigration agents chasing maids and landscapers. I want them to focus on drug dealers and terrorists.”
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Minor Lithuanian Twins Face Imminent Deportation	September 14, 2005 Printable version
For Immediate Release September 14, 2005 Minor Lithuanian Twins Face Imminent Deportation Aleksandr (Alex) and Svetlana (Lana) are 17 year old fraternal twins. They fled to the U.S. with their parents in 2000, when they were 11 years old. In Lithuania, they were members of a minority GROUP of Slavic Russians. In 2002, following an Interpol warrant for their parents' arrest, the twins were put INTO immigration custody and the parents detained at the Duval County Jail in Jacksonville, Florida. The parents have been ordered extradited to Lithuania and recently lost their 11th Circuit Court appeal. The twins are currently in immigration detention at the Boystown facility, in Miami. They are extremely fearful that they will be deported to a country that they have little memory of, with no one to care for them. In a letter to Congressman Kendrick Meek FROM Svetlana, she wrote: "Who do two teenagers stay [with] if there are no shelters, no foster homes to go to. I am afraid to go back to my country because I'm so Americanized. I don't know anything else but America." FIAC requested consent FROM the Department of Homeland Security for permission to take the twins' case to State Juvenile Court on the basis that they have, in effect, been abandoned by their parents. Florida Courts routinely find that U.S. citizen children are abandoned when their parents are in custody and have made no provisions for their child's care. On August 18, 2005 DHS denied FIAC's request, stating that it was not certain that the parents would be incarcerated upon return to Lithuania and therefore it was uncertain whether the children would be abandoned. According to Cheryl Little, FIAC's Executive Director, "Our government should be acting in the children's best interest, rather than gambling with their lives." Deborah Lee, the FIAC attorney representing the children, states: "Despite the numerous difficulties their parents have placed upon them, these children are trying their best to persevere. Alex and Lana are now fluent in English, they have graduated FROM high school, and have DISTINCT goals for themselves. Alex wants to be a firefighter and briefly took a volunteer firefighting class in Hialeah, Florida. Lana wants to go on to college in ORDER to study both economics and criminal justice and work to protect domestic violence victims." These children, with no parents who can care for them, seek only an opportunity to go to Juvenile Court. DHS should allow a court with the experience of determining dependency to hear their claim. Contact: Deborah Lee, Attorney, 305/573-1106, ext.1100 Mary Gundrum, Managing Attorney,      ext.1020 Cheryl Little, Executive Director,               ext.1001
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Post-9/11 Laws and Policies are Closing United States to Refugees and Immigrants Nationwide, Says Major New Report	May 6, 2005 Printable version
For Immediate Release Contacts: Cheryl Little, FIAC, 305-573-1106 x1001 Post-9/11 Laws and Policies are Closing United States to Refugees and Immigrants Nationwide, Says Major New Report Miami, FL, May 6, 2005-New policies and laws since 9/11 have prevented thousands of refugees and immigrants FROM entering the United States to seek safe haven and new opportunities, according to a major new report by the Florida Immigrant Advocacy Center (FIAC). These changes, which have an effect nationwide, have also devastated the lives and well-being of newcomers throughout the United States, particularly women and children. "Anti-immigrant measures and enforcement tested in Florida have a rippling effect nationally," says FIAC Executive Director Cheryl Little. "We see immigrants' rights threatened constantly. Individually, each new policy and/or law that the Bush administration applied with the intent of strengthening our borders, controlling the immigration flow and improving our databases is HAVING a devastating effect; collectively their force is overwhelming." Adds Kathie Klarreich, the report's co-author, "Even those familiar with immigration issues will be shocked at how profoundly misguided our current anti-terrorist policies are. The breadth and depth of their impact is ongoing and will continue until this information is disseminated and understood." The release of the report coincides with Congress's anticipated passage this week of the anti-immigrant REAL ID Act. "The REAL ID Act exemplifies wrong-headed policy that does nothing to protect the United States FROM terrorism, yet threatens legitimate refugees, wastes money better spent on effective security programs and undermines our nation's values," says Wendy Young, director of external relations, Women's Commission for Refugee Women and Children. According to FIAC's report, Securing Our Borders: Post-9/11 Scapegoating of Immigrants, these policies include: requiring many asylum seekers to wear ankle bracelets upon release; criminally prosecuting asylum seekers using false documents to enter the country; deputizing local law enforcement officers to enforce immigration law; implementing unreasonable restrictions on obtaining driver's licenses; and the prolonged detention of Haitians on the basis of "national security." Victims of these policies will participate in the press conference, including an Iraqi who spent eight months in detention at Krome before being released and eventually granted asylum. The report provides a comprehensive examination of policies and practices that affect refugees and immigrants across the country, documents how their lives have changed and offers recommendations for changes to ensure that our safety and basic civil rights remain intact. American Immigration Lawyers Association Executive Director Jeanne Butterfield has endorsed the report, as have Sens. Harry Reid and Edward Kennedy, among other national figures. "Women, children, and families who came to the United States in search of freedom and prosperity have paid a disproportionately heavy price in the search for national security," says Young. "While we all have a critical interest in ensuring our nation's safety, we must avoid adopting policies that wreak havoc on the lives of the innocent and at the same time do little to actually identify those who do wish us harm." ###
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US Government Thumbs Its Nose at International Laws	September 23, 2004 Printable version
On September 9, 2004, the U.S. Government informed the Organization of American States OAS) that it "respectfully declines" to provide the OAS bimonthly reports regarding the Haitian interdiction program, as OAS had ordered. On March 18, 2004 Florida Immigrant Advocacy Center (FIAC), along with the Harvard Law Student Advocates for Human Rights and the Harvard Immigration and Refugee Clinic filed an action before the OAS Commission on behalf of Haitian refugees who have been fleeing their country since President Jean-Bertrand Aristide was forced to leave that country in February. Since that time, the United States has been summarily removing to Haiti refugees interdicted on the high seas. On May 20, 2004 the Inter-American Commission created critical precedent in recognizing asylum claimants' right to fair hearings even when interdicted in international waters. The Commission declared this to be a fundamental right under the American Declaration. The Commission found that the American government had failed to demonstrate it was complying with those obligations. As a result, the Commission ordered that the United States provide on-going bi-monthly reports to the Commission concerning Haitians who are interdicted by the United States and who raise claims for asylum. The mandated reports were to include information respecting: "the number of individuals who have been interdicted, the number of individuals who have made refugee claims and the conditions under which those claims were made and considered, the number of claims that have been accepted and rejected and the grounds for those decisions, and the fates of the persons concerned." The Commission disagreed with the American government's assertions that conditions since the recent ouster have stabilized in Haiti such that few, if any, refugees presently are fleeing. Indeed, the Commission expressed concern "regarding reports of killings and other human rights violations in Haiti." Its concern extended to "the welfare of individuals who may face persecution as a result of these circumstances and who wish to exercise their right to seek asylum from other states." FIAC and the Harvard team have been given 60 days to respond to the government's failure to comply with the Commission's request. "At this critical time in Haiti's history, given the devastating floods and serious political instability, the US government should be doing everything it can to ensure Haitians who flee have a fair opportunity to seek protection. Instead, our government continues its unfair policies to keep Haitians out."
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FIAC is Urging Immediate Halt to Deportation of Haitians; Devastating Floods and Continued Political Instability Cited	September 20, 2004 Printable version
Miami, FL, September 20, 2004 - FIAC urges Attorney General John Ashcroft to immediately halt the deportation of Haitians in the United States and to grant them Temporary Protected Status (TPS). Recent devastating floods and landslides that have taken the lives of countless Haitians combined with continued political instability make conditions in Haiti too dangerous for their return, contends the Florida Immigrant Advocacy Center (FIAC). "Haiti's transitional government is ill-prepared to handle either the disaster or the potential return of its nationals given the serious lack of infrastructure and instability in the country," says FIAC's Executive Director Cheryl Little. "It is unconscionable for the United States to return Haitians to this situation." According to a recent report in the Miami Herald, Tropical Storm Jeanne's rains in Haiti has brought about the largest loss of life from one storm in a single country so far this hurricane season. At least 90 are dead and hundreds unaccounted for. The town of Gonaives, a major port city, is under water and at least 28 Haitians in this town alone have fallen victim to Jeanne. Interim Prime Minister Gerard Latortue has said he will declare a state of emergency. This catastrophe follows in the footsteps of the devastating storms in May, 2004 when floodwaters flattened Haiti's crops, ripped apart fragile homes and destroyed entire villages. Despite these conditions, however, Haitians continue to be regularly deported from the United States back to Haiti. Indeed, in the last few weeks, dozens of Haitian men who had been detained at the Krome Processing Center in Miami were returned to Haiti. Section 244 of the Immigration and Nationality Act permits the Attorney General to designate nationals of a country for TPS if "there is an ongoing armed conflict within the state and, due to that conflict, return of nationals of that state would pose a serious threat to personal safety," or if, "there has been a... flood... resulting in a substantial but temporary disruption of living conditions." "We believe that the situation in Haiti clearly warrants a TPS designation under these criteria," says Cheryl Little, executive director of FIAC. FIAC had urged Ashcroft in February and May 2004 to grant TPS to Haitian nationals living in the United States, given the natural disasters that have ravaged Haiti in recent months and the serious political crisis there. In the past, TPS has been granted to nationals of Sudan, Liberia, Guinea-Bissau, Somalia, Burundi, Bosnia-Herzegovina, Salvador and Guatemala, due to political unrest in those countries. TPS was also granted to Hondurans and Nicaraguans following Hurricane Mitch. "A similar grant of TPS to Haitians would be in keeping with the reasoning that drove these prior designations," Little says. "Haitians simply should not be forced to return home when neither the political or physical conditions in Haiti are conducive to their reintegration."
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Refugee Advocates Decry Denial of Parole to 19-year-old Haitian Asylum Seeker; One of the Youngest and Longest Held	July 8, 2004 Printable version
New York, NY, July 8, 2004 - Refugee advocates deplore the denial of parole to a 19-year-old Haitian asylum seeker who has been held in detention in Miami for nearly two years and is among the youngest and longest held of the Haitian detainees. The Florida Immigrant Advocacy Center (FIAC) and the Women's Commission for Refugee Women and Children contend that the youth, David Joseph, is suitable for parole and that his prolonged detention is taking a significant toll on his mental health. "David is an ideal candidate for parole, notwithstanding the grave danger that detention poses to his health," says Wendy Young, director of external relations at the Women's Commission. "David has family sponsors, is represented by well-known and respected counsel, and has no criminal record. These factors are all in keeping with those that are cited in the routine release of asylum seekers." Barely a week after his arrival on the Florida Coast on October 29, 2002, an immigration judge ordered David released on bond to his uncle, a U.S. citizen. The government immediately appealed that decision, blocking David's release, and until February 2003, David was detained in a hotel in Miami under near isolation. On March 13, 2003, the Board of Immigration Appeals affirmed the immigration judge's decision and ordered that David be released on bond. Attorney General John Ashcroft then certified the case to himself and ruled that David was not eligible for bond, claiming that Haitians who arrive by sea are a threat to national security. FIAC's Executive Director, Cheryl Little, says that, "while we support protecting our borders against terrorist threats, there is no legitimate evidence to suggest that Haitian nationals - let alone 19-year-old David Joseph - represents such a threat." David has a very strong asylum case based on political persecution, the groups say. His case is only strengthened as political turmoil continues to engulf Haiti and as disastrous flooding in the Caribbean nation increases the likelihood that Haitians will be granted Temporary Protected Status. In early June 2004, a clinical psychologist evaluated David and found that he is suffering from severe depression and post-traumatic stress disorder. The Department of Homeland Security, however, claims that David is fine. "Preventing the release of this 19-year-old, who was still a child when first detained, will only result in causing him more damage without advancing in any way the goal of protecting national security," Little says. Young adds, "David is being held hostage to a senseless Haitian policy. It's time to show compassion and release David to the custody of his family, where he belongs." ### For more information, please contact Cheryl Little, 305. 573. 1106 x.1001 or Megan McKenna, 212. 551. 0959.
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Refugee Groups Applaud Gov. Jeb Bush’s Support of Temporary Stay for Haitians	June 18, 2004 Printable version
New York, NY, June 18, 2004 - Refugee advocacy organizations are applauding Gov. Jeb Bush's support to allow Haitians to stay temporarily in the United States. The Women's Commission for Refugee Women and Children and the Florida Immigrant Advocacy Center (FIAC) have long urged the United States to grant Haitians in the United States temporary protective status (TPS) as a result of recent devastating floods and continued political instability in the Caribbean nation.   "Gov. Bush's support is wonderful news for Haitians in the United States who fear for their lives in Haiti," says Wendy Young, director of external relations, Women's Commission. "Thousands are still struggling to survive after the horrendous flooding; to send Haitians back to such conditions is unacceptable. Many other Haitians still face political violence and persecution upon return because the provisional government has little control over the country and armed forces still roam freely."   Section 244 of the Immigration and Nationality Act allows the U.S. to designate nationals of a country for TPS if "there is an ongoing armed conflict within the state and, due to that conflict, return of nationals of that state would pose a serious threat to personal safety," or if, "there has been a…flood…resulting in a substantial but temporary disruption of living conditions."   TPS has been granted in the past to nationals of Sudan, Liberia, Guinea-Bissau, Somalia, Burundi, Bosnia-Herzegovina, El Salvador and Guatemala due to political unrest in those countries. TPS was also given to Hondurans and Nicaraguans after Hurricane Mitch.   "There's no question that Haitians meet the criteria for TPS," says Cheryl Little, executive director, Florida Immigrant Advocacy Center. "We urge Gov. Bush to take the next step and urge his brother, President George Bush, to make this U.S. policy. It's the right thing to do. Many lives will be saved as a result."   ###   For more information or to schedule an interview, please contact Megan McKenna, 212. 551. 0959, meganm@womenscommission.org
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Human Rights Groups Urge Immediate Halt to Deportation of Haitians; Devastating Floods and Continued Political Instability Cited	May 28, 2004 Printable version
New York, NY, May 28, 2004 - Two human rights groups are urging Attorney General John Ashcroft to immediately halt the deportation of Haitians in the United States and to grant them Temporary Protected Status (TPS). Recent devastating floods and landslides that have taken the lives of countless Haitians combined with continued political instability make conditions in Haiti too dangerous for their return, contend the Florida Immigrant Advocacy Center (FIAC) and the Women's Commission for Refugee Women and Children.   "Haiti's transitional government is ill-prepared to handle either the disaster or the potential return of its nationals given the instability in the country," says FIAC's Executive Director Cheryl Little. "It is unconscionable for the United States to return Haitians to this situation."   According to a recent report by Reuters, more than 1,000 bodies were discovered in Mapou, Haiti on May 26, victims of the catastrophic floods. Haiti's death toll stood at 1,660 at last count, with several hundred people still missing. The International Committee of the Red Cross says that 15,000 people have nowhere to live. The flood waters have flattened crops, ripped apart fragile homes and destroyed entire villages.   Despite these conditions, however, Haitians continue to be regularly deported from the United States back to Haiti. Indeed, just this week, 35 Haitian men who had been detained at the Krome Processing Center in Miami and 16 female asylum seekers who had been detained at the Broward Transitional Center in South Florida were returned to Haiti.   Moreover, a number of Haitians deported in recent weeks have been jailed upon return, the vast majority of whom had no criminal histories. A number of them were told they would be released once sponsors in Haiti stepped forward to assume responsibility for them. One of these Haitians, an asylum seeker, told FIAC that her family was forced to pay $500 U.S. dollars to obtain her release from jail.   Section 244 of the Immigration and Nationality Act permits the Attorney General to designate nationals of a country for TPS if "there is an ongoing armed conflict within the state and, due to that conflict, return of nationals of that state would pose a serious threat to personal safety," or if, "there has been a... flood... resulting in a substantial but temporary disruption of living conditions."   "We believe that the situation in Haiti clearly warrants a TPS designation under these criteria," says Wendy Young, director of external relations at the Women's Commission. FIAC and the Women's Commission had urged Ashcroft in February, 2004 to grant TPS to Haitian nationals living in the United States, given the serious political crisis in Haiti.   In the past, TPS has been granted to nationals of Sudan, Liberia, Guinea-Bissau, Somalia, Burundi, Bosnia-Herzegovina, Salvador and Guatemala, due to political unrest in those countries. TPS was also granted to Hondurans and Nicaraguans following Hurricane Mitch.   "A similar grant of TPS to Haitians would be in keeping with the reasoning that drove these prior designations," Young says. "Haitians simply should not be forced to return home when neither the political or physical conditions in Haiti are conducive to their reintegration."   For more information or to arrange an interview, please contact Megan McKenna, 212. 551. 0959, or meganm@womenscommission.org.
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Press Release	May 20, 2004 Printable version
The Inter-American Commission on Human Rights has affirmed the fundamental right of all asylum seekers, including those interdicted on the high seas, to seek and receive asylum, including the right to a hearing to determine their eligibility for refugee and asylum status. The Commission issued its pronouncement today in a ground-breaking decision pursuant to the American Declaration of Human Rights. Florida Immigrant Advocacy Center (FIAC), together with the Harvard Law Student Advocates for Human Rights and the Harvard Immigration and Refugee Clinic filed the action before the Commission last March 18.   The advocacy groups' petition was filed on behalf of Haitian refugees who have been fleeing their country since President Jean-Bertrand Aristide was forced to leave that country in February. Since that time, numerous reports indicate, the United States has been summarily removing to Haiti refugees interdicted on the high seas. The Inter-American Commission's decision today created critical precedent in recognizing asylum claimants' right to fair hearings even when interdicted in international waters, and in asserting the Commission's jurisdiction over any case where violations are alleged to have been committed by any State party to the American Declaration, irrespective of whether the violating State (in this case, the United States) has ratified the American Convention on Human Rights.   Despite the "floating Berlin Wall" created by U.S. Coast Guard cutters around Haiti, refugees have continued to flee that country. In fact, in a press release dated April 27th, the Coast Guard acknowledges that 651 Haitians were interdicted and returned to Haiti. The Commission's decision is considered critical by refugee advocates in light of President Bush's comments following the February ouster that "we will return all refugees to Haiti and want to discourage all Haitian refugees from coming" to the United States.   While the United States appeared to acknowledge its asylum-related obligations in its response in the case, the Commission found that the American government had failed to demonstrate it was complying with those obligations. As a result, the Commission ordered that the United States provide on-going bi-monthly reports to the Commission concerning Haitians who are interdicted by the United States and who raise claims for asylum. The mandated reports must include information respecting: "the number of individuals who have been interdicted, the number of individuals who have made refugee claims and the conditions under which those claims were made and considered, the number of claims that have been accepted and rejected and the grounds for those decisions, and the fates of the persons concerned."   The case was unusual in that the United States, while challenging the Commission's jurisdiction, nevertheless appeared to have acknowledged its obligation to provide asylum screening interviews to interdicted Haitians. Such recognition by the United States is itself an important precedent, especially in light of the United States Supreme Court decision in Sale v. Haitian Centers Council, Inc., where the high court found that the right to apply for asylum and refoulement (non-return) protection do not apply extraterritorially. Moreover, today's decision by the Commission ordered the United States to comply with regular reporting and monitoring requirements. While claiming no abuses had taken place, the United States provided no factual support for its conclusory allegation. The Commission declared that the United States must assure that interdicted asylum seekers are receiving hearings before they are forced to return to Haiti.   Refugee and human rights scholars and advocates involved with the Commission's decision have declared it a major achievement on many fronts. Noting that the Commission found the United Status cannot escape its international obligations and oversight by international human rights bodies. "The authority to issue measures applies to all OAS member states." James Cavallero, lecturer on law, of Harvard Law School's Human Rights Program, declared, "This is a great jurisdictional victory establishing this tribunal as a key decision-maker on human rights for the Americas."   The Commission disagreed with the American government's assertions that conditions since the recent ouster have stabilized in Haiti such that few, if any, refugees presently are fleeing. Indeed, the Commission expressed concern "regarding reports of killings and other human rights violations in Haiti." Its concern extended to "the welfare of individuals who may face persecution as a result of these circumstances and who wish to exercise their right to seek asylum from other states." The Commission flatly stated that persons on the high seas have a "right to seek and receive asylum." The Commission declared this to be a fundamental right under the American Declaration. The Commission also specifically concluded that a person seeking refuge has a right to a hearing to establish whether in fact she qualifies for refugee status.   Deborah Anker, Lecturer on Law and Director of the Harvard Law School's Immigration and Refugee Clinical Program, said in response to the Commission's decision that, "Asylum seekers fleeing Haiti now have recognition of fundamental rights, the right to seek and receive asylum and the right to a hearing. It is critical that an international human rights body has clearly recognized these rights as applying extra-territorially."   Cheryl Little, executive director of FIAC, said "This welcome decision follows a series of discriminatory measures by our government which have prevented bona fide Haitian refugees from obtaining protection. The OAS has rightfully recognized current unstable conditions in Haiti and, thankfully, is holding our government accountable."
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Government Officials Manipulate National Security Challenges In Refusing to Release Haitians Granted Bonds	April 24, 2004 Printable version
WHAT: Press Conference re: Classaction Lawsuit being filed in Federal Court WHERE: 3000 Biscayne Blvd., 1st Floor, Room 106 WHEN: Thursday, April 24, 2003, 10:30 am WHO: Lawyers for the Haitians along with Haitians' family members and community leaders.   Pro bono lawyers are filing a class action lawsuit challenging the Government's continued illegal and unfair refusal to release Haitians granted bonds. Since two-hundred eleven of the Haitians who arrived in Key Biscayne, Florida on October 29, 2002 made it to dry land on their own, they had the right to request a bond. Indeed, the majority of Haitians who arrived last October were granted bonds by an immigration judge. The now defunct INS appealed the judge's decisions, arguing that the Haitians represent a threat to national security because Haiti could be a staging point for terrorists to invade our shores.   In a significant victory for the Haitians, the Justice Department's Board of Immigration Appeals, the highest immigration appeallate body, upheld a grant of bond to an 18-year-old Haitian, David Joseph, who has been imprisoned since his arrival on October 29, 2002. The Board found that U.S. law requires an individualized determination of release, thus calling into question the legitimacy of the Administration's decision to detain virtually all the Haitians who arrived last year. The Board's decision opened the door to the release of dozens of Haitians who had been granted bonds by the immigration courts.   On March 20, 2003 the Department of Homeland Security (DHS) urged Attorney General John Ashcroft to block the release of David Joseph and all other Haitian asylum seekers granted a bond since October 2002, for national security reasons. This unprecedented step marks the latest in a series of restrictive measures initiated by the Bush Administration to prevent and deter the arrival of Haitian refugees in the United States, despite the rapidly deteriorating human rights situation in that country.   The Administration is manipulating our very serious national security concerns to justify restrictive actions targeting nationals of Haiti -- a country that never once has been cited as posing a threat to the safety of the American people.
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OAS TO INVESTIGATE INTERDICTION & FORCED RETURN OF HAITIAN REFUGEES	March 25, 2004 Printable version
The Inter-American Commission on Human Rights, the main human rights body of the Organization of American States, will investigate the interdiction and forced return of Haitian refugees by the United States. The Commission's investigation is the result of a request filed by Florida Immigrant Advocacy Center ("FIAC"), Harvard Immigration and Refugee Clinic, and Harvard Law Student Advocates for Human Rights. In a letter dated March 22, 2004, the Commission informed the petitioners that it had requested the United States to provide information within seven days including "the present circumstances surrounding the interdiction of Haitian boat people, including the number of persons who are being interdicted and returned to Haiti and the methods used by the United States to do so, as well as the United States' present practice in affording Haitian interdictees the right to seek and receive asylum before they are returned to Haiti." According to James Cavallaro, Associate Director of the Human Rights Program at Harvard Law School, "Should the Commission find that Haitian refugees are at risk of irreparable harm on their return to Haiti, it could order the US government to halt its policy of interdiction and repatriation immediately." The on-going political crisis in Haiti, which began last month and led to President Jean-Bertrand Aristide's February 29, 2004 departure, has forced many Haitian men, women and children to flee the ensuing violence by boat. FIAC Executive Director Cheryl Little explained, "There is effectively no mechanism in place for screening Haitian asylum seekers apprehended by the US Coast Guard. This despite the fact that every Cuban who is interdicted receives instructions and an asylum screening interview, and every interdicted Chinese national is given a questionnaire in his/her native language to complete and then may be screened." Deborah Anker, Director of Harvard's Immigration and Refugee Clinic added, "It is critical that the international community makes a determination on this policy. Refugee protection is fundamental to human rights around the globe - it is not a matter of only domestic law and politics." Wendy Young, Director of External Relations with the Women's Commission, observed, "The Bush Administration has applied a Haitian-only mandatory detention policy as part of its systematic effort to deter and prevent the arrival of Haitian refugees. This policy is arbitrary and unfair. We are asking the UN to hold the United States accountable to international standards that forbid such discriminatory policies." For further information, please contact: ·Cheryl Little, Florida Immigrant Advocacy Center (FIAC): (305) 573-1106, ext. 1001 ·Debbie Anker, Harvard Immigration and Refugee Clinic: (617) 584-2974 ·James Cavallaro, Harvard Law Student Advocates for Human Rights: (617) 669-8606 ·Wendy Young, Women's Commission for Refugee Women and Children: (703) 560-2618 ·Chris Nugent, Holland & Knight: (202) 419-2428
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FIAC URGES US OFFICIALS NOT TO REPATRIATE HAITIANS ABOARD COAST GUARD CUTTERS AND REQUESTS ACCESS TO HAITIANS	February 26, 2004 Printable version
The U.S. Coast Guard has just confirmed to Florida Immigrant Advocacy Center (FIAC) that there are approximately 500 Haitians aboard Coast Guard cutters. No additional information was provided. Yesterday, President Bush announced that he had "made it abundantly clear to the Coast Guard that we will turn back any refugee that attempts to reach our shore." According to FIAC's Executive Director Cheryl Little, "Such a statement flies in the face of international law. It is ironic that at the same time we are urging US citizens to leave Haiti, our President is insisting on forcibly repatriating Haitians who desperately need protection. Given the current political crisis in Haiti, we could be returning people to their death." On February 21 the U.S. State Department concluded that "the security situation in Haiti has deteriorated to unsafe levels… Groups opposed to the government have mounted demonstrations and attacked government facilities around the country, and pro-government groups have counter-attacked." Haitians truly in fear for their lives have nowhere to go. Since December 2001, Haitian asylum seekers have been subject to a series of discriminatory measures which create an almost insurmountable barrier that prevents bona fide Haitian refugees FROM obtaining protection. This has included interdiction of Haitian boats both on the high seas and within the territorial waters of the United States. Those who are interdicted have been summarily returned with no screening of their asylum claims unless a person proactively expresses a fear of return, a procedure that the State Department itself has deemed "the shout test." It is also a process that offers significantly less protection than that used to identify interdicted Cubans and Chinese in need of protection. Those few individuals who pass the shout test and are provided with offshore refugee status determinations have been resettled to third countries rather than to the United Sates, including to countries as far away as Australia. For Haitians who can afford to fly to the United States, the United States has begun to pre-screen Haitian travel documents at the Port-au-Prince airport, a process normally reserved for countries with established refugee procedures. The U.S. has even sent arms to the Dominican Republic to help seal its border with Haiti, which was completely closed last week. FIAC is requesting immediate access to the Haitians aboard Coast Guard cutters and demanding that they not be repatriated. Ms. Little concluded, "It is unconscionable that the world's greatest democracy is not doing more to welcome refugees FROM a tiny neighbor that is teetering on the edge of political chaos. It is time for the discriminatory policies of interdiction and forced return to end and for full protections for Haitian refugees to be restored, before more innocent lives are lost."
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Women’s Commission for Refugee Women and Children and Florida Immigrant Advocacy Center Call Upon Bush Administration to Protect Haitian Refugees	February 9, 2004 Printable version
February 9, 2004-As the political situation in Haiti deteriorates, the Women's Commission for Refugee Women and Children and the Florida Immigrant Advocacy Center have joined together to urge the Bush Administration to restore refugee protection for Haitian asylum seekers who flee their homeland to escape the growing civil unrest and rampant human rights abuses in their homeland.   "If past history repeats itself, Haitians will turn to the United States for shelter when their own government fails to protect them," observed Wendy Young, Director of External Relations at the Women's Commission. "It is essential that the Bush Administration immediately reverse the numerous measures it has implemented to deter and prevent Haitians from reaching our shores to ensure that they are not forcibly returned to face further persecution."   Since 2002, the Bush Administration has systematically implemented a comprehensive policy to deter and prevent the arrival of Haitians on U.S. shores. This has included interdiction of Haitian boats on the high seas and in the territorial waters of the U.S. with little to no screening of passengers' potential asylum claims; resettlement to third countries as far away as Australia of those few Haitians provided screening and deemed refugees; prolonged and arbitrary detention of Haitians who are able to make it to the United States; criminal prosecution of some Haitians who use false documents to enter the United States, a punitive measure that disregards the reality that refugees often have to resort to the use of false documents to escape persecution; and fast-tracked asylum adjudications in hearings as short as 30 minutes, including time for translation.   Cheryl Little, Executive Director of FIAC, observed, "The U.S. response to Haitians is nothing short of discriminatory. It is unconscionable that the world's greatest democracy is not doing more to welcome refugees from a tiny neighbor that is again teetering on the edge of political chaos."   FIAC is a not-for-profit legal services agency founded in 1995 to protect and promote the basic human rights of immigrants of all nationalities in Florida. The Women's Commission, with offices in New York and Washington, DC, works to improve the lives and defend the rights of refugee and internally displaced women and children through a vigorous program of public education and advocacy and by acting as a technical resource.   For further information, please contact:   Cheryl Little, FIAC, phone: (305) 573-1106 Wendy Young, Women's Commission, phone: (703) 560-2621
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A BITTERSWEET WEEK FOR HAITIAN CHILDREN: ONE GIRL FINALLY FREED AFTER 14 MONTHS IN CUSTODY, WHILE A BOY REMAINS IN VIRTUAL ISOLATION IN A MIAMI HOTEL	January 8, 2004 Printable version
Florida Immigrant Advocacy Center (FIAC) welcomes the January 6, 2004 release of Rose Thermitus, a 17-year-old Haitian girl who spent more than 14 months in immigration detention before she was released to a relative in New York. Rose arrived in the United States by boat along with 210 other Haitian asylum seekers on October 29, 2002. She fled Haiti with her brother after her home was burned and her parents went into hiding. Rose's parents haven't been heard from since and are presumed dead. Rose's brother was deported several months ago and has not been heard from since. So while we are grateful that Rose has finally been freed, another child who arrived with Rose last October remains detained in Miami. Even though an immigration judge granted 16-year old Ernso Joseph asylum in January 2003, the Department of Homeland Security (DHS) appealed the judge's decision and kept him in detention. Ernso was only released to a loving uncle in South Florida on June 12, 2003 after he was diagnosed with Post Traumatic Stress Disorder, clinical anxiety and extreme depression by both a government and an independent trauma specialist. Sadly, a few months later, the Board of Immigration Appeals (BIA) reversed the judge's decision and DHS issued him a "bag and baggage" letter to appear for deportation on October 2, 2003. Ernso reported for deportation on October 2 and was re-detained by DHS. As an orphan in Haiti, Ernso has understandably never been sure of his true date of birth. However, DHS officials decided he was 18 shortly after he arrived, relying primarily on a dental test, and locked him up with adults at the Krome detention center. In October 2003, his attorneys submitted authenticated official Haitian documents showing Ernso to be 16-years-old, and establishing his eligibility for a Special Immigrant Juvenile Status (SIJS) visa as an abused, abandoned or neglected child in whose best interest it is not to be returned to Haiti. While DHS has granted Ernso an indefinite stay of deportation, Ernso remains in legal limbo. For the past three months he has been a virtual prisoner in his motel room and his mental health is rapidly deteriorating. Ernso told FIAC, "[A]ll I do is think all day… And that hurts me, so I just try to go to bed to sleep so I can forget what's happening to me… [But] I keep thinking about what my life will be like if I'm sent back to Haiti. I don't know how I'll survive there, only God knows." Since October 2003 DHS has had in its possession ample evidence to conclude that Ernso is a 16-year old orphan, but have failed to do so. Instead, they have subjected him to additional forensic bone and dental examinations to determine his age, even though such tests are considered inherently unreliable by the scientific community and are considered racially biased by some because they are based on Caucasian models. Despite this, the results of these examinations do not contradict Ernso's claim to be a minor. The immigration judge who heard detailed testimony in Ernso's case concluded that if returned to Haiti, Ernso would likely face a harsh and cruel future and could be physically abused or even killed - as many street children in Haiti are. Human rights organizations and even the U.S. State Department have been alarmed by the escalating political violence currently sweeping Haiti. Yet young Ernso has just spent his second Christmas and New Years in the U.S., locked up and alone, at U.S. taxpayers' expense. FIAC Executive Director Cheryl Little said, "No innocent child should have to suffer as Rose and Ernso have. They were not only traumatized in Haiti but traumatized again as a result of U.S. policy which singles the Haitians out for special discriminatory treatment for 'national security' purposes." We are robbing children like Rose and Ernso of some of the most precious time in their lives. We call upon DHS to act in Ernso's best interest and immediately release him."
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LEGAL SERVICES ADVOCATES AND CONGRESSWOMAN ILEANA ROS-LEHTINEN HAIL NEW IMMIGRATION POLICY THAT PERMITS MANY DISABLED RESIDENTS TO BECOME U.S. CITIZENS	November 12, 2003 Printable version
Miami, Florida, November 12, 2003. Today advocates for disabled immigrants and Congresswoman Illeana Ros-Lehtinen praised a new policy issued by the Bureau of Citizenship and Immigration Services (ABCIS@) which implements a 2000 law that allows disabled long-term U.S. residents to become naturalized citizens. Standing with some of their soon to be naturalized clients, advocates from Legal Services of Greater Miami, Florida Legal Services and the Florida Immigrant Advocacy Center stated, Awe are enormously pleased with this new policy which provides a process for residents who are unable to take the oath of allegiance due to their disabilities to become citizens.@   The groups filed a federal lawsuit earlier this year against the Bureau of Citizenship and Immigration Services on behalf of Marie Ange Jean Baptiste, claiming that the prior immigration policy which required that every naturalization applicant be able to take the oath of allegiance violated the 2000 law and discriminated against disabled applicants. Ms. Jean Baptiste, whose disabilities prevented her from speaking, had been deprived of United States citizenship for many years. After the lawsuit was filed, the BCIS issued the new policy, which provides a procedure for waiving the oath ceremony upon the request of disabled applicants. In addition to changing its policy, the BCIS also began processing the many disabled naturalization applicants, who like Ms. Jean-Baptiste, had waited for years to obtain their dream of becoming American citizens. It is estimated that hundreds of naturalization applications from disabled residents who cannot take the oath are now being processed in the Miami office of the BCIS.after these residents have endured years of uncertainty. One such applicant, Jorge Luis Antigua, has already waited six years for a final decision on his naturalization application and he is still waiting. We urge DHS to take action quickly. Mr. Antigua suffers from traumatic brain injury and was unable to take the oath. AWe are so grateful that he can become a citizen now,@ said his mother Migdalia Antigua.   The advocacy groups and the new citizens were joined by Congresswoman Illeana Ros-Lehtinen, who had sponsored the 2000 legislation and had repeatedly urged the Justice Department to implement the 2000 law.
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FIAC Praises Bipartisan Agricultural Workers Bill	September 23, 2003 Printable version
For more information: Cheryl Little, Esq. 305/573-1106, ext. 1001
Earlier today, an historic bipartisan farmworker bill, the "Agricultural Job Opportunity Benefits and Security Act," was introduced in D.C.. The bill is supported by both United Farm Workers and agricultural employers. It provides earned adjustment of status for undocumented workers who have already proven their worth in this country. FIAC has offices in Immokalee and Ft. Pierce, and represents a large number of farmworkers residing there. "Our hope is that 100,000 agricultural workers in Florida will finally have the opportunity to come out of the shadows and lead a normal life" said Cheryl Little, FIAC's Executive Director. "Ideally, it will also serve as an important step toward more comprehensive immigration reform." Immigrant andvocates have been pushing for this bipartisen bill since 1996. Following passage of the farmworker bill in 1986, conditions for farmworkers actually deteriorted. Recent articles in The Miami Herald paint a dismal picture of the lives of farmworkers in Florida today. According to the Herald, most farmworkers earn less than poverty pay and many in Florida have been victims of criminal abuse and subject to slavery. Recent credible reports document the extent to which our current and future workforce depends on immigrant workers. Senators Larry Craig (R-ID) and Edward Kennedy (D-MA), along with Representatives Chris Cannon (R-VT) and Howard Berman (D-CA) led the bipartisn effort that experts estimate could lead to the legalization of up to half a million agricultural workers.
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MARIE JEAN-BAPTISTE: HAITIAN WOMAN CHALLENGES DISCRIMINATION IN STRUGGLE TO BECOME US CITIZEN	April 28, 2003 Printable version
Marie Jean-Baptiste filed suit in federal court today challenging the discriminatory treatment she has faced in her long struggle to become a U.S. citizen. This case is the first in the country challenging the Justice Department's failure to implement a 2000 Law that requires accommodations for the disabled in the naturalization process. Marie was born in Haiti and has lived lawfully in the United States since 1969. She is now the 57-year-old mother of six and grandmother of two and resides with her husband, a US citizen, in Miami. Marie suffers from a severe mental disability which prevents her from speaking. Even though Marie meets all the requirements to become a US citizen, she is unable to take the oath of allegiance. The Bureau of Citizenship and Immigration Services (BCIS) and the Attorney General have refused to accommodate Marie's disability by waiving the oath of allegiance. Attorneys at Florida Legal Services, Legal Services of Greater Miami and the Florida Immigrant Advocacy Center are representing Marie in her federal court challenge.   Marie's husband proudly became a U.S. citizen in 1983, an accomplishment which two of her Haitian born children have followed. Marie also had three children born in the U.S. However, Marie has been unable to become a U.S. citizen in the country she has made her own. Marie has struggled to become a US citizen for more than two decades. She enrolled in citizenship classes in the early 1980s but when her condition worsened, she was no longer able to work and she was unable to complete the naturalization process without an accommodation from INS. Marie's mental health continued to deteriorate. She stopped speaking about thirteen years ago and has not spoken to anyone since.   In May 2001, Marie again filed an application for citizenship. She had an initial interview in February 2002. At that time, INS approved her request for a medical waiver because her condition made it impossible for her to pass the history and civics examination or to establish that she knows English. However, when Marie requested a waiver for the requirement that she take the oath, the government told her Legal Services of Greater Miami attorney, Hilda Cenecharles, that it put her case on Ahold@ because it had not implemented the 2000 law. More than a year has passed and no decision has been made on Marie's request for citizenship. On November 6, 2000, Congress passed a law which allows otherwise qualified, deserving immigrants like Marie who are unable to take the oath due to a disability to become citizens without taking the oath. Under the law, the Attorney General can waive the oath requirement for a person with a disability. AWhat Congress did in 2000 was officially recognize that the anti-discrimination provisions of the pre-existing 1973 Rehabilitation Act applied to immigration the same as every other federal agency,@ stated JoNel Newman of Florida Legal Services, another of Ms. Jean-Baptiste's attorneys. ADiscrimination against the persons with disabilities by federal agencies has been illegal for thirty years; it's past time for immigration to recognize that and comply with the law.@ Immigration law also requires that naturalization decisions be made within 120 days.   Therefore, Marie is challenging her discriminatory treatment by BCIS and the Attorney General, which violate the following provisions of the law:   -The Rehabilitation Act, which prohibits discrimination against persons with disabilities; -The Immigration and Nationality Act, which allows a waiver of the oath for persons with disabilities and whose regulations require action on an application for citizenship within 120 days of the initial examination.   Marie is requesting the federal court to declare that the failure to waive the oath requirement violates her right to be free from discrimination, and asks the court to either grant her request for citizenship or to order government officials to grant it, since she clearly meets all requirements.
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Immigrant Access to Driver's Licenses In Jeopardy; Miami-Dade County Supports Access	February 2, 2005 Printable version
Business and Community Groups Agree, Immigrant Restrictions are Bad for Florida
For Immediate Release: Wednesday, February 2, 2005 IMMIGRANT ACCESS TO DRIVER'S LICENSES IN JEOPARDY; MIAMI-DADE COUNTY SUPPORTS ACCESS Business and Community Groups Agree, Immigrant Restrictions are Bad for Florida Contact: Cheryl Little, Florida Immigrant Advocacy Center, 305-573-1106 x1001 Jonathan Fried, WeCount!, 305-247-9693 or 305-785-2690 Tyler Moran, National Immigration Law Center, 208-724-2142 (national context) Richard Estrella, Vice President, Estrella Insurance, 305-443-2829 On Tuesday, February 1, 2005 the Miami-Dade County Commission unanimously passed a resolution in support of undocumented immigrant access to driver's licenses. The resolution was introduced by Commissioner Katy Sorenson and co-sponsored by Commissioners Bruno Barreiro and Jose "Pepe" Diaz. It comes at a time when Congress is considering nationwide standards on driver's licenses that would restrict the states' ability to expand immigrant access to driver's licenses. "We're encouraged that Miami-Dade County elected officials recognize the need for undocumented immigrants to obtain Driver's Licenses. Even Governor Bush has recognized that a driver's license is the one document immigrants need to be able to function," said Cheryl Little, Executive Director of Florida Immigrant Advocacy Center. Florida currently disallows undocumented immigrants FROM obtaining driver's licenses. Two South Florida lawmakers, Sen. Rudy Garcia and Rep. Gustavo Barreiro, plan to introduce legislation during the upcoming legislative session in Tallahassee allowing many undocumented immigrants to obtain driver's licenses. However, the "Real ID Act" (H.R. 418), recently filed in Congress by House Judiciary Committee Chairman James Sensenbrenner, would bar Florida and other states FROM making this change. "The resolution demonstrates that the County understands that hard-working immigrants contribute to our society and want to play by the rules. Limiting access to driver's licenses hurts public safety, increases the number of untrained and uninsured drivers on the road, and raises insurance rates," says Jonathan Fried, an organizer FROM WeCount!, a Homestead area community group. Rick Estrella, Vice President of Estrella Insurance, an insurance company with over 40 agencies in Florida says that his business is hurt by current rules barring many immigrants FROM getting licenses. "But that's not the point," he states. Although many of the restrictions on driver's licenses for immigrants were put in place after the September 11 attacks, "Let's be honest. They were Islamic extremists [who committed the 9-11 attacks], they weren't Mexican immigrants who are working in the fields in Homestead and putting food on our tables. These are the people who are getting hurt." "They speak about security, but how will [the government] know where we live, at what address, in what state, if we can't get the IDs we had in previous years?" says José Delgado, a Mexican farm worker and community leader who has lived in the U.S. for over 18 years but has been unable to obtain legal immigration status. "And what is the government thinking when it makes it impossible for us to buy car insurance? If I cause an accident, how am I going to pay? If I have a great need to drive, it's only because I have to work," Delgado adds. "Restricting driver's Licenses reduces knowledge about people living in our community and makes us less safe. As the 9-11 Commission noted, It was easier to track the terrorists because they had licenses," said Cheryl Little.
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