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Voice
May 23, 2013
In This Issue
Time to Bring Moms Home: Impact of Immigration Detention on Women
Gov. Deal Signs Juvenile Justice Reform Bill into Law
The 10 Big Problems with E-Verify
The Supreme Court to Decide the Constitutionality of the Defense of Marriage Act
End Segregation in Georgia!
School House to Jail House Workshop in Marietta
The National Security/Immigrants' Rights Project is celebrating its fifth anniversary
It Gets Better
The Future of American Warfare? Assessing the Legality of the Obama Administration's Use of Military Drones
Time to Bring Moms Home: Impact of Immigration Detention on Women

Director, National Security/Immigrants' Rights Project, ACLU of Georgia; President, National Lawyers Guild

Earlier this month, we celebrated Mother's Day while thousands of immigrant women across the country were separated from their children and families. They were imprisoned in the more than 250 facilities nationwide including the two in Georgia which currently detain women.

Women in immigration detention facilities including the Irwin County Detention Center and the North Georgia Detention Center face particularly painful circumstances as the ACLU of Georgia documented in our report released last year, "Prisoners of Profit: Immigrants and Detention in Georgia."

 

Victims of Abuse

Women often end up in detention because they were victims of abuse. More than half of the women we interviewed had been victims of domestic violence. Veronica and Maria Francisco, two women detained at the North Georgia Detention Center, said they had never called the police when they were being beaten by their partners because they were afraid of being arrested and deported, which would hurt not only them but their children as well. Maria's husband actually threatened to call ICE and have her deported if she complained about the beatings. She believed him and never called for help. Her worst fears came true when she was finally arrested after police arrived at her home in response to a domestic violence call.

 

Separation From Families and Children

Many of the women we interviewed were worried for their children because they were no longer with any immediate relatives or living at their own homes. Dulce Bolanos Estrada, who fled to Georgia from New Orleans to escape an abusive husband, has never been convicted of a crime. When she was detained, her young children (ages two, five, and seven), all U.S. citizens, were staying with relatives because she was their only caregiver. Her detention, she said, had torn apart the home she kept together.

 

Clara, who had already received her final removal order, was terrified that her children, U.S. citizens, would be sent to their abusive father or put in state custody because she was told she would be deported regardless of the dates of her pending custody case. Because she could not afford an attorney, she had many questions about the future well-being and rights of her children, and she had no idea to whom she could turn.

 

Maria Francisco has four U.S. citizen children; two of them are still too young to attend school. They had been living with a relative since Maria's detainment. She did not know what she would do if she were deported. She wanted her children in good schools because as Americans, they deserved to attend American schools. She had not seen her children at all in the two months she had been detained.

 

Veronica's children, all three of whom are U.S. citizens, were back in Mexico because she had no family or friends who could provide a safe place for her children to live in the U.S. At the time we spoke with her, Veronica had been detained for almost four months, and the extent of her record was a ticket for driving without insurance or a license.

 

Medical Needs

Women face particular obstacles pertaining to their reproductive health in detention. When Natalia Elzaurdia was detained at the North Georgia Detention Center in May 2011, she and her fiancé were expecting their first child. At intake, Natalia told the nurse at the medical unit that she was four months pregnant. The nurse then conducted a urine test, and told Natalia that she was not pregnant. Natalia asked her to call the Gwinnett County Detention Center where she had previously taken two pregnancy tests. The nurse refused to call and conducted a chest xray against Natalia's protestations. Natalia asked for a blood test instead. The next day a blood test confirmed she was pregnant.

 

Natalia had requested to see a gynecologist as soon as she entered NGDC. At the time of the interview, days after she put in her request, she had yet to see a gynecologist. "I put in requests to two nurses and my deportation officer and still my concerns have not been addressed. I experience cramps in my abdomen daily. I want an ultrasound; I haven't been given one yet and I'm four months pregnant." Although she requested to see a doctor, Natalia only saw nurses. Natalia's family wrote to the warden and other NGDC officials, as well as DHS regarding Natalia's treatment, but never received a response.

 

Hygiene

Women often face inadequate hygiene conditions in detention, jeopardizing their health. At Irwin, the underwear women receive upon arrival is often used, even showing stains or signs that it is not properly washed. Veronica was issued soiled undergarments at intake and she asked if she could have clean ones. She was refused and told to wear what she was given. As a result of wearing the soiled undergarments, Veronica developed a serious infection that ultimately left scars on her legs and genitals.

 

In the spring of 2011, a rash broke out among the women in one unit at Irwin, and most of them had painful bumps on their chests. In July 2011, another women's unit had a similar rash outbreak, and one woman had the rash spread across her back and side. None of the women interviewed ever found out why these outbreaks occurred, or what exactly they had contracted.

 

Daniela Esquivela told us that women detained at the North Georgia Detention Center are given a pack of sanitary napkins for when they are menstruating, but that they must ask for more once they run out. The guards only give out three or four at a time, and if the women need more, they have to keep going back to ask for more. Geraldine Ayala also added that they sometimes have to wait to get more sanitary napkins because "they run out."

 

Food

The quality and quantity of the food in detention is often lacking, especially affecting pregnant women. The schedule of the meals at the North Georgia Detention Center posed particular concern for Natalia in light of her pregnancy. Natalia stated that "the feeding times are ridiculous; there are thirteen hours between dinner and breakfast." Although Natalia was eventually given increased portions due to her pregnancy, she was not given meals more frequently. In addition, it took two or three days once her request was approved for the portions to increase.

 

Need for Reform

It is past time to close down the worst immigration detention centers in the country and treat detention as the last resort rather than throw immigrants in jail-like conditions -- including individuals who have been here for years, those who have only committed minor violations, those who have U.S. citizens and relatives as spouses or children, and those who have strong claims to remain in the United States.

 

The immigration reform bill introduced recently in the Senate contains important detention reforms, such as prompt bond hearings, alternatives to detention in immigration jails, and oversight of detention facilities. The bill also recognizes the importance of appointed counsel for those with mental disabilities, unaccompanied children, and other vulnerable populations.

 

We must continue to fight every step of the way to ensure immigration reform achieves a roadmap to citizenship for immigrants and an immigration process that respects the civil rights and liberties of immigrants, including women in deportation proceedings. With the hope that next Mother's Day, all detained immigrant mothers will be reunited with their families.

Governor Deal Signs HB 242, Juvenile Justice Reform Bill into Law
 
After 41 years, Georgia's juvenile justice code has finally received a needed overhaul. The Just Georgia Coalition spearheaded the revamp of the code and the ACLU of Georgia supported the passing of this sweeping legislation. The bill includes changes so that children will no longer be automatically jailed for acts such as skipping school or violating curfew. Also, a child's right to an attorney cannot be waived and more community based services can be utilized. Many of the reforms incorporate child developmental needs and are expected to improve outcomes for court involved youth, as well as reduce costs. Current cost to incarcerate a juvenile is about $90,000.
 

The 10 Big Problems with E-Verify  

The E-Verify program seeks to prevent unauthorized workers from gaining employment by requiring that everyone in the United States seek permission from the government before taking a job. Now a largely voluntary program, E-Verify could soon become mandatory nationwide under comprehensive immigration reform.

 

But in order to detect the small percentage of job seekers who are undocumented immigrants, a mandatory E-Verify system creates a whole new level of intrusive government oversight of daily life-a bureaucratic "prove yourself to work" system that hurts ordinary people. The system's inaccuracies could mean undue obstacles to employment for hundreds of thousands of citizens. The scope of private information housed in the system will create enormous privacy and security risks. It will be extremely expensive. And those are just a few of the problems we foresee should E-Verify become mandatory.

 

The ACLU welcomes efforts to overhaul our nation's immigration system to ensure it protects the civil rights and liberties of immigrants and all Americans. A mandatory E-Verify system - which forces everyone in the country to ask the government for permission to work - simply does not belong in fair immigration reform.

 

To learn more about the problems with E-Verify, watch the video, and read our white paper on the issue, "Prove Yourself to Work: The 10 Big Problems with E-Verify."
 
   The Supreme Court to Decide the Constitutionality of the Defense of Marriage Act ("DOMA")           

 

In June, the United States Supreme Court will decide the fate of the Defense of Marriage Act ("DOMA"), which denies federal marriage benefits to legally married same-sex couples.  On March 27, the ACLU argued the case of Windsor v. United States, and asked the Court to strike down the law. 

 

The ACLU is representing Edie Windsor, a widow who was asked to pay over $360,000 in federal inheritance taxes before she could inherit the estate of her deceased wife, Thea.  Heterosexual married couples are not subject to this tax.  Edie and Thea were legally married in their home state of New York, and the couple had shared a life together for over 40 years.

 

To learn more about this case, visit

http://www.aclu.org/lgbt-rights/windsor-v-united-states-thea-edie-doma. 

 

 

Also, you will definitely want to watch this touching video about Edie and Thea.

  

Edie Windsor and the ACLU Challenge the Defense of Marriage Act
Edie Windsor and the ACLU Challenge the Defense of Marriage Act
  
End Segregation in Georgia!

 

 

 

A few weeks ago ACLU supporters signed a petition in support of Wilcox County High School students who were organizing the first integrated prom in their school's history. On a Saturday night in April their dream came true.

 

Read more here > >

 School House to Jail House Workshop in Marietta

Marlyn Tillman, School to Prison Pipeline Project Director for the ACLU of Georgia, facilitated a workshop on understanding the School To Prison Pipeline (STPP) at the First Annual Empowering Youth to Success Conference. The event was hosted by It's About The Kids, Inc., Old Zion Heritage Museum and Marietta Parks, Recreation & Facilities Department. The ACLU of Georgia was also one of the sponsors for the event. Marlyn provided the youth with a glimpse into the STPP and how it can impact their future. The conference included other workshops ranging from violence prevention/gang prevention to video resumes. Entertainment was provided by T- Rep, Toofly Ty, and spoken word artist Cynthia Giles. Over seventy-five attendees participated in the conference.

 

The ACLU of Georgia National Security/Immigrants' Rights Project is celebrating its fifth anniversary!
Founded in March 2008, the project works to bring Georgia into compliance with international human rights and U.S. constitutional standards in treatment of refugees and immigrant communities, including those in detention. This project engages ACLU of Georgia staff and volunteers in litigation, legislative advocacy, human rights documentation, coalition-building, public education, attorney training, and community organizing to address a range of issues. Here you can find a few of our accomplishments over the past five years.

 

Download Brochure   

 

It Gets Better 

 

ACLU TO LGBT YOUTH:  IT GETS BETTER 

ACLU TO LGBT YOUTH: IT GETS BETTER

Don't Miss the Following Events!!

The Future of American Warfare?

Assessing the Legality of the Obama Administration's Use of Military Drones

  

Wednesday, June 5, 2013

6:30 p.m. - 8:00 p.m.

 

Bondurant Mixson & Elmore LLP
One Atlantic Center
1201 West Peachtree Street
Suite 3200

Atlanta, GA

 

Featuring:

  • The Honorable Bob Barr, Former United States Representative, 7th Congressional District of Georgia; Former Presidential Candidate, Libertarian Party
  • Laurie Blank, Director, International Humanitarian Law Clinic, Emory University School of Law
  • Azadeh Shahshahani, National Security/Immigrant Rights Project Director, American Civil Liberties Union of Georgia
  • Todd Stein, Lecturer, Sam Nunn School of International Affairs, Georgia Institute of Technology; Former General Counsel, Legislative Director, Senator Joseph Lieberman (I-CT)
  • 

Moderated By:

  • Neil Kinkopf, Professor of Law, Georgia State University College of Law; Former Special Assistant, Office of Legal Counsel, U.S. Department of Justice; Member, Board of Advisors, ACS Georgia Lawyer Chapter

To what extent does the United States Constitution and current federal law authorize the use of military drones in counter-terrorism operations? Come hear a panel discussion on the constitutionality of President Obama's policy on the use of drones, including the limits to their use, whether and when they could be used on American citizens, and the merits of constitutional concerns raised on the political left and the political right.

 

RSVP here

            
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The purpose of this association shall be to advance the cause of civil liberties in Georgia, with emphasis on the rights of free speech, free press, free assembly, freedom of religion, due process of law and to take all legitimate action in the furtherance of such purposes without political partisanship.

 

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