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Today's Stories April 8, 2008 Nikolas Kozloff Joshua Frank April 7, 2008 Ishmael Reed Harry Browne
Uri Avnery Lenni Brenner Ayesha Ijaz Khan Robert Fisk Edwin Krales Chris Genovali Website of the Day
April 5 / 6, 2008 Alexander Cockburn Ramzy Baroud Ralph Nader David Yearsley Saul Landau Paul Craig
Roberts Lawrence Korb / Ian Moss Seth Sandronsky John Ross Robert Fantina David Michael Green Missy Beattie Patrick Bond Dr. Susan Block Phyllis Pollack Adam Engel Jeffrey St. Clair Poets' Basement Website of the Weekend
April 4, 2008 Dave Lindorff Greg Moses Ron Jacobs Alan Farago Alison Weir David Rosen Robert Weissman Jacob Hornberger Jackie Corr Carl Finamore Laray Polk Susie Day Website of
the Day
April 3, 2008 Peter Morici Joe Bageant Andy Worthington Nikolas Kozloff Rannie Amiri David Macaray Stephen Lendman Website of
the Day
April 2, 2008 Diane Farsetta Harry Browne Wajahat Ali George Wuerthner Col. Dan Smith Philippe Marlière Steve Early Bernard Chazelle Reza Fiyouzat
April 1, 2008 Jeff Leys Thomas P. Healy Winslow T. Wheeler Roxanne Dunbar-Ortiz Patrick Irelan Andy Worthington John V. Walsh Michael J.
Smith Robert Weissman Dave Lindorff Martha Rosenberg Website of
the Day
March 31, 2008 Mike Whitney Mats Svensson Paul Rockwell Paul Craig Roberts Patrick Cockburn Peter Dale Scott Alfredo Molano Peter Morici Uri Avnery Michael Simmons Betsy Roberts
/ Karen Orr Phyllis Pollack Website of
the Day
Alexander Cockburn Patrick Cockburn Mike Whitney Christopher Brauchli William Blum Robert Fantina John Ross Allison Kilkenny Nelson P. Valdés Suzanne Baroud Richard Rhames Christopher Fons Carl Finamore Eamonn McCann Missy Beattie Fred Gardner Kim Nicolini David Yearsley Jeffrey St.
Clair Poets' Basement Website of
the Weekend
March 28, 2008 Saul Landau Alan Farago Peter Morici Andy Worthington Felice Pace Peter Montague Dave Lindorff March 27, 2008 Patrick Cockburn Binoy Kampmark Joanne Mariner Norman Solomon William S. Lind John V. Walsh Robert Weissman Ron Jacobs Ralph Nader David Macaray John Borowski Website of
the Day
March 26, 2008 Stan Cox Sharon Smith Anita Sinha / Jill Tauber Matt Vidal William S. Lind Joe Mowrey Dave Lindorff Ray McGovern Justin Smith Sam Husseini Martha Rosenberg Michael Dickinson Website of the Day
March 25, 2008 Ishmael Reed Corey D. B.
Walker Linn Washington Jr. Alan Farago Vijay Prashad Joshua Frank Ralph Nader David Rovics Peter Morici Dave Zirin David Krieger Website of
the Day March 24, 2008 Jeffrey St.
Clair Peter Morici Uri Avnery Wajahat Ali Paul Craig Roberts George Ciccariello-Maher Stephen Lendman Christopher
Brauchli Cat Woods Stacey Warde Dave Lindorff Website of
the Day
March 22 / 23, 2008 Ralph Nader Nicole Colson James Petras Laura Carlsen Greg Moses Andy Worthington Michael Dickinson John Ross Missy Comley Beattie David Michael
Green Ramzy Baroud Martha Rosenberg Paul Watson Isabella Kenfield James Murren Jacob Hornberger Kathlyn Stone Seth Sandronsky Kim Nicolini Jeffrey St.
Clair Poets' Basement Website of
the Weekend
March 21, 2008 Marleen Martin Peter Montague Saul Landau Anis Hamadeh Jacob Hornberger Khalil Nakhleh Adam Isacson Kenneth Couesbouc Madis Senner Monica Benderman Website of the Day March 20, 2008 Damien Millet
/ Mike Whitney John Ross Dave Lindorff Wajahat Ali Jill Nagle Manuel Garcia, Jr. Dan La Botz Robert Weissman Stella Dallas
/ Website of the Day
March 19, 2008 Patrick Cockburn Robert Fisk Jeff Taylor Ed Ruggero Ron Jacobs Christopher
Fons Sherwood Ross Cynthia McKinney Joshua Frank Robert Weissman Walter Brasch Yifat Susskind Andrew Wimmer Website of
the Day
March 18, 2008 David Price Paul Craig
Roberts Tim Wise Patrick Cockburn Conn Hallinan James T. Phillips Uri Avnery David Macaray Marjorie Cohn Peter Zinn Dan La Botz Monica Benderman
March 17, 2008 Pam Martens Sasan Fayazmanesh Nelson P. Valdés Peter Morici Wajahat Ali Ronnie Cummins Shaun Harkin Ali Khan Robert Jensen P. Sainath Greg Moses Dr. Susan Block Website of the Day
March 15 / 16, 2008 Patrick Cockburn Mike Whitney Ralph Nader Robert Pollin Diane Christian Wajahat Ali Tom Wright
/ Alan Farago Greg Moses Michael Hudson Martha Rosenberg John Goekler Uzma Aslam
Khan Oren Ben-Dor David Underhill Fred Gardner David Michael
Green Rev. William E. Alberts Gail Dines David Yearsley Chris Clarke Poets' Basement Website of
the Day
March 14, 2008 Paul Craig
Roberts Don Santina
Patrick Cockburn
Tim Rinne Robert Fantina
Saul Landau
David Macaray
Franklin Lamb
Michael Neumann
March 13, 2008 Paul Craig
Roberts Mike Whitney
Assaf Kfoury
Andy Worthington Adam Federman
March 12, 2008 Dave Lindorff
R.F. Blader
Yonatan Mendel
Jonathan Cook
Bill and Kathy
Christison James J. Brittain
Ron Jacobs
March 11, 2008 Paul Craig
Roberts Ed O'Loughlin
Ramzy Baroud Kathy Christison
China Hand John Joslin
Mike Averko
Ben Rosenfeld
Thierry Paquot
March 10, 2008 Uri Avnery
Col. Dan Smith
R.F. Blader
Michael Neumann
Bob Fitrakis
and Harvey Wasserman James J. Brittain
Missy Comley
Beattie March 8-9, 2008 Weekend Edition JoAnn Wypijewski
Mike Whitney
Peter Morici
Ralph Nader
Jonathan Cook
Steve Niva
Bill and Kathy
Christison Hervé
Do Alto and Franck Poupeau Eric Walberg
Scott Johnson
Mark Scaramella
Bill Clinton Poet's Basement
Website of
the Weekend March 7, 2008 Patrick Cockburn
Robin Blackburn
Saul Landau
Binoy Kampmark
Chris Floyd
Andy Worthington Will Potter March 6, 2008
March 6, 2008 Vincent Navarro Forrest Hylton Peter Morici George Ciccariello-Maher John Ross Jacob Hornberger Paul Watson Dan Bacher Website of the Day
March 5, 2008 Cockburn /
St. Clair Joanne Mariner Fidel Castro Christopher
Brauchli Steven Sherman Dave Lindorff James Murren Adam Engel Website of Day
March 4, 2008 Wajahat Ali William Blum Bill Quigley Ralph Nader Patrick Irelan James J. Brittain
/ Norman Solomon Jacob Hornberger Andy Worthington Mike Averko Website of the Day
March 3, 2008 Jennifer Loewenstein Alan Farago Richard Gott Wajahat Ali Paul Craig Roberts Robert Weissman Uri Avnery Martha Rosenberg Eva Liddell Michael Donnelly Website of the Day
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Apri1 8, 2008 "An Extreme Depressive State"Migrant Detention in South TexasBy GREG MOSES In a recent landmark report, United Nations Special Rapporteur on the Human Rights of Migrants Jorge Bustamante said that the "overuse of immigration detention in the United States violates the spirit of international laws and conventions and, in many cases, also violates the actual letter of those instruments." South Texas immigration attorney Jodi Goodwin agrees. "I do not see that the letter nor the spirit of international law is given any importance in US Immigration law," confirms Goodwin. "In fact, international law does not really come into play in the legal arena at all." Considering Goodwin's long experience with migrant clients, we asked her to respond to other issues raised by the Bustamante report: GM: Bustamante said immigration enforcement is being gradually shifted toward state and local agencies. At last count, Immigration and Customs Enforcement (ICE) reports that 41 state and local agencies have signed up as "287(g) partners" to assist with immigration enforcement, helping to identify as many as 45,000 individuals for "possible deportation." The Associated Press reports that the number of cooperating agencies could soon reach as many as100. What effects of this activity can be seen at the detention centers in South Texas? Goodwin: The increase in the use of local law enforcement for immigration law is seen at the detention centers all the time. Many times people are detained by ICE only after a traffic stop for a minor violation, like a headlight being out or something, and then the local law enforcement officers inquire into the immigration status of individuals. I have seen really sympathetic cases where local law enforcement initiated the arrest and then the people are whisked 2,000 miles away from their home, family, community, etc. to be detained in South Texas. GM: When it comes to immigration law, what is the difference between a criminal violation and a civil violation? Goodwin: The criminal violations
of the immigration law are prosecuted by the GM: According to the Bustamante report, in 2006 the USA began to intensify the use of mandatory detentions and deportations that were put into law in 1996. What effects have you seen of this recent crackdown? Goodwin: The biggest effect of the enforcement crackdown that I have seen is the enormous growth in the population of detained individuals in the South Texas area. The San Antonio Field Office of ICE is home to more detention bedspace than any other Field Office in the US. Beyond that, there is a marked lack of lawyers and pro bono assistance for all of these individuals that are detained for the most part in very rural, remote, areas of South Texas. GM: Bustamante says that he "heard accounts from victims that ICE officials entered their homes without a warrant, denied them access to lawyers or a phone to call family members, and coerced them to sign 'voluntary departure' agreements." How does this compare with accounts that you have heard from your clients? Goodwin: Bustamante's account of ICE actions comports completely with many stories that I have heard from my clients. In fact, I have heard even more egregious stories than the example Mr. Bustamante sets forth. GM: One of your clients? Would you be able to share a story like that? Goodwin: Sure, I have heard the ugly details of many such arrests. Let me take one as an example: I had a client who was arrested by ICE at her home at around 5:00 am. Agents knocked on the door loudly yelling, "Police, Federal Officers." Her husband answered the door half asleep and as soon as he opened the door the agents forced their way into the home and knocked her husband down. Of course, the agents start yelling at him and start going through the house to look for people. My client was in her bed as was her child. She was forced up and handcuffed while in her night clothes. The child awoke and saw all of this happen and as expected of a child started to cry. Instead of showing any compassion at all the agents start yelling at the child to shut up, then yelling at the parents to make their child shut up. They had to beg the agents to let her put on clothes before they took her away. After being arrested and before physically making it in transport to the detention center, my client was "asked" to sign a voluntary removal no less than 4 times. Fortunately for her, she was insistent with the agents that she would not sign their papers and they would just have to put her in jail because she wanted to see an immigration judge. My client was not a criminal. She had no criminal history at all. She was married to a United States citizen and had applied for her "papers" through him. What was her immigration violation that would warrant a pre-dawn home invasion? She overstayed her visitor visa. GM: Rapporteur Bustamante recommends that, "Immigration detainees in the custody of the Department of Homeland Security and placed in removal proceedings, should have the right to appointed counsel." It seems astonishing to me that detained persons would not have a right to counsel, but maybe you can help us to understand how the lack of right to an attorney is affecting people in detention today? Goodwin: The lack of the right to appointed counsel is one that has plagued me for decades. The Supreme Court has characterized the deportation process as non-punitive. Therefore, given that it is a civil proceeding in nature, the Constitutional guarantees to counsel do not apply. The lack of access to legal counsel is a huge constraint on South Texas detainees. Many are confused and do not know what they are being charged with. Many do not understand the process and procedures of the court system. Many do not know or have access to information that could prove they have a defense or are eligible for some form of relief from being removed. GM: Bustamante also seems to be concerned that Government pressure for deportation is conflicting with basic human rights to private life and family. He says that laws in the USA put too much weight on the Government's side. He recommends that USA laws should be changed to "ensure that all non-citizens have access to a hearing before an impartial adjudicator, who will weigh the non-citizen's interest in remaining in the United States (including their rights to found a family and to a private life) against the Government's interest in deporting him or her." What are the kinds of human issues that don't get heard under the current system? Goodwin: Most human issues are not heard at all in immigration proceedings. It is extremely difficult for a person to qualify for any type of relief from being removed. And then, even if one does qualify, the courts have to be convinced in their discretion to grant you some type of relief. This is the hardest aspect to make my clients understand: even though I care about the human issues involved in their cases, the courts and the Immigration Service do not. Our laws are structured in a way that any interest in human issues is left out of the equation. GM: In a related recommendation, Butamante says that ICE should, "ensure that the facilities where non-citizens in removal proceedings are held are located within easy reach of the detainees' counsel or near urban areas where the detainee will have access to legal service providers and pro bono counsel." In your experience, is it ever a hardship to represent clients simply because of the location of the detention centers? Goodwin: It is ALWAYS a hardship to represent detainees in remote areas. I live in South Texas and practice here, but most of my clients are from thousands of miles away. That means their family and support network are thousands of miles away. Aside from the logistical difficulty of getting documents and preparing cases, the worst part is the extreme depressive state my clients develop. For many I am the only person that ever visits them, and they would benefit greatly from the support and care of their families being close by. The other hardship is that there are a very limited number of lawyers who practice immigration law in this area. There is only one pro bono agency. The pool of available competent lawyers is extremely thin. GM: Bustamante is calling for some fairly serious reforms in the structure of immigration judges. He says immigration judges should no longer work under the Department of Justice; rather, they should be appointed to a truly independent judicial system. What kind of difference would this make to the practice of immigration law? Goodwin: It would change in the sense that the Immigration Judges would not be beholden politically to the Attorney General. They would be able to make decisions based in law and justice as opposed to politics and fear. They would be able to pass judgment on the government as well as the aliens. As it stands the process, even through the administrative appeals process, is highly weighted toward the government. GM: Finally, Bustamante says that migrant detention practices should provide more alternatives, especially for children, but also for women who are suffering from prior traumas. How appropriate are the conditions of current detention for traumatized migrant women? Goodwin: Conditions for women are of particular concern because of the specialized medical care needs. I have seen that these medical needs are not met routinely. I have also seen that women, who have been traumatized by events prior to their detention, are further traumatized by the further detention. The lack of mental health care also plays into the conditions for women. GM: Thank you Jodi Goodwin for helping us to understand the Bustamante report in the context of South Texas. Greg Moses is editor of the Texas Civil Rights
Review and author of Revolution of Conscience: Martin Luther
King, Jr. and the Philosophy of Nonviolence. He is a contributor
to Red
State Rebels: Tales of Grassroots Resistance in the Heartland,
to be published by AK Press in June 2008. He can be reached at:
gmosesx@prodigy.net.
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