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THREAD: We just released a report shedding light on the systemic abuses heaped on immigrants prosecuted with migration-related offenses. Check it out at: http://www.immigrantjustice.org/LegacyOfInjustice
Here are some highlights: 1/
Here are some highlights: 1/
How big of a problem are migration-related prosecutions?
From 2017-2019, migration-related prosecutions rose by ~50%. On any given day, these prosecutions make up 10% of the prison population and account for ~60% of ALL criminal prosecutions in court.
So, a big problem. 2/
From 2017-2019, migration-related prosecutions rose by ~50%. On any given day, these prosecutions make up 10% of the prison population and account for ~60% of ALL criminal prosecutions in court.
So, a big problem. 2/
How does US law criminalize migration?
- Unauthorized entry: federal misdemeanor punishable by up to 180 days in federal jail
- Unauthorized reentry: felony punishable by up to 2 yrs for each charge, with up to 20 yrs in prison if the individual had a previous conviction. 3/
- Unauthorized entry: federal misdemeanor punishable by up to 180 days in federal jail
- Unauthorized reentry: felony punishable by up to 2 yrs for each charge, with up to 20 yrs in prison if the individual had a previous conviction. 3/
Where do these laws originate from?
Congress first criminalized entry & reentry w/o authorization nearly a century ago in pursuit of racist & eugenicist policy goals. These laws went unused for decades, yet were revitalized as part of a trend of mass incarceration of PoC. 4/
Congress first criminalized entry & reentry w/o authorization nearly a century ago in pursuit of racist & eugenicist policy goals. These laws went unused for decades, yet were revitalized as part of a trend of mass incarceration of PoC. 4/
What violations occur in this system?
1) Intl human rights law mandates that govts do not arbitrarily interfere w/ migrant family unity.
By criminalizing migration, separating families & banning nuclear families from lawfully reuniting, the govt regularly violates this law. 5/
1) Intl human rights law mandates that govts do not arbitrarily interfere w/ migrant family unity.
By criminalizing migration, separating families & banning nuclear families from lawfully reuniting, the govt regularly violates this law. 5/
2) The US govt has obligations under the 1951 Refugee Convention to refrain from penalizing asylum seekers for their manner of entry.
Yet DHS consistently brings criminal charges against asylum seekers and the DOJ routinely pursues these charges in federal courts. 6/
Yet DHS consistently brings criminal charges against asylum seekers and the DOJ routinely pursues these charges in federal courts. 6/
3) Federal law requires that all individuals apprehended at the border be asked whether they are afraid to return to their home countries or would face persecution if they did so.
Nearly 90% of the people we interviewed said that CBP had never asked them these questions. 7/
Nearly 90% of the people we interviewed said that CBP had never asked them these questions. 7/
4) In violation of due process, immigrants in criminal proceedings frequently are not appointed counsel until the day of their hearings. They have little time to consult w/ an attorney to understand their charges, the consequences of a conviction, or avenues for legal relief. 8/
5) Immigrants facing migration-related prosecutions regularly endure dehumanizing & racist treatment.
In our interviews, people reported that the abuse they endured at the hands of govt officials stemmed from discrimination based on their race, sexual orientation, or gender. 9/
In our interviews, people reported that the abuse they endured at the hands of govt officials stemmed from discrimination based on their race, sexual orientation, or gender. 9/
And the excessive abuse & waste inherent in the system of migration-related prosecutions have been laid bare by the COVID-19 pandemic.
ICE's carelessness allowed COVID-19 to spread rapidly in prisons, leaving thousands of immigrants extremely vulnerable. 10/
ICE's carelessness allowed COVID-19 to spread rapidly in prisons, leaving thousands of immigrants extremely vulnerable. 10/
Ultimately, NIJC recommends that Congress:
repeal migration-related prosecution laws
defund programs that fuel migration-related prosecutions
ban contracting w/ private prisons for migration-related prosecutions
demand release of detained people during COVID-19
10/
repeal migration-related prosecution lawsdefund programs that fuel migration-related prosecutionsban contracting w/ private prisons for migration-related prosecutionsdemand release of detained people during COVID-1910/
We also recommend that federal agencies:
halt prosecutions for unauthorized entry & reentry
end the use of for-profit facilities
investigate systemic racism & violations of domestic & international law that result from migration-related prosecutions
11/
halt prosecutions for unauthorized entry & reentry end the use of for-profit facilities investigate systemic racism & violations of domestic & international law that result from migration-related prosecutions11/
Read our full report (hot off the presses!) exposing the system of abuse and injustice surrounding migration-related prosecutions at: http://immigrantjustice.org/LegacyofInjustice
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