By Brenda Lopez Romero
Impunity Watch Reporter, North America

WASHINGTON, D.C. – A Human Rights Watch report reviewed the Immigration and Customs Enforcement (ICE) agency practices and determined that the detention and transfer of non-citizens in the immigration detention system denied basic rights to non-citizens. It also concluded that both legal and unauthorized non-citizens are held unnecessarily. The report illustrated that some detainees from Philadelphia and Los Angeles are being transferred to Texas or Louisiana.

The information in the report was obtained under the Freedom of Information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) of Syracuse University. Alison Parker, director for the U.S. Human Rights Watch chapter, said “ICE is increasingly subjecting detainees to a chaotic game of musical chairs, and it’s a game with dire consequences.” The transfers seem to have at least some purpose as data indicate that the Federal Court of Appeals for the Fifth Circuit (Louisiana, Mississippi and Texas) is receiving the most transfers and it is also the jurisdiction that is most adverse to the non-citizen rights, has the lowest numbers of immigration lawyers, and has the most conservative judges.

In a separate investigation, the Inspector General of the Department of Homeland Security found that the transfers of detainees are haphazard, detainees are not offered notice of their charges, and are not being released even when they was been granted bond. The Inspector reported that these inappropriate transfers result in lack of access to legal counsel and evidence, add time to the detention, and cause “errors, delays and confusion for detainees, their families, legal representatives,” and the immigration courts. Moreover, the Inspector found that since 2003, detentions have more than doubled to over 442,000 people a year.

(PHOTO: Courtesy of the Washington Independent – Detention Center in Texas)

The Constitution Project, a bipartisan group, also called for broad changes in the immigration law to include access to appointed counsel particularly for unaccompanied minors. This move would add more constitutional safeguards similar to the criminal justice system, significantly reducing the burden of proof, and allow permanent legal residents to file a waiver of mandatory detention. Mr. Asa Hutchinson, Chair of the Constitution Project, defended the recommendation, because none “made should in any way compromise national security … It simply allows for a more humane and more efficient system.”

For more information, please see:

The Chronicle – Agency, advocates assail ICE on detainee transfers – 3 December 2009

The New York Times – Immigration Detention System Lapses Detailed – 3 December 2009

The Washington Independent – Immigrant Detention Doubles Since 1999 – 2 December 2009

By Stephen Kopko

Impunity Watch Reporter, North America

NEW YORK, United States – On Wednesday, the New York State Senate defeated legislation that would allow homosexuals to marry. The decisive defeat of the legislation ensures that the issue will not come up again until after the 2011 election when a new state legislature is elected.

After its passage in the New York Assembly, and with the approval of Governor David Paterson, the bill reached the State Senate. Supporters of the legislation hoped that they could garner enough votes to legalize same-sex marriage. However, the bill was defeated by a vote of thirty-eight to twenty-four. The vote was along party lines. All thirty Republican senators voted against the legislation. Those senators who were considered politically vulnerable also voted against the bill. The bill garnered most support from the senators representing New York City and Westchester County.

Supporters of the legislation expressed disappointment after defeat of the legislation. They believed that the bill had a good chance of being passed. The sponsor of the legislation, Senator Thomas Duane, felt betrayed in defeat. Senator Duane is New York’s first openly gay legislator. Governor Paterson and Mayor Michael Bloomberg also expressed their disappointment in the defeat of the bill. State Senator Kevin S. Parker stated that “this is the worst example of political cowardice I’ve ever seen.”

The reason why so many supporters believed that the bill could be passed and felt betrayed in defeat was the actions taken by some conservative members who promised their support before the vote. Many of the previous supporters switched their votes on the floor of the Senate when they saw that bill would not overwhelmingly pass.

The opposition to the legislation was led by Senator Reuben Diaz, a conservative minister. Senator Diaz was the only senator opposing the bill to speak in debate on the legislation. Deputy Republican leader, Senator Tom Libous, believed that the issues surrounding the economy affected the vote.

Seven states have legalized same sex marriage since 2003. If New York passed the legislation, it would have become the eighth state. However, two of those states, California and Maine have rescinded their same-sex marriage laws.

For more information, please see:

AP – Gay-Marriage Opponents Welcome NY Bill’s Defeat – 3 December 2009

Huffington Post – New York State Senate Votes Down Gay Marriage – 2 December 2009

NY Times – New York Senate Rejects Gay Marriage Bill – 2 December 2009

By Brenda Lopez Romero
Impunity Watch Reporter, North America

MEXICO, D.F. – A protected witness was murdered by gun shots in a Starbucks in the Del Valle subdivision, south of Mexico City. Édgar Enrique Bayardo del Villar was former chief of the Federal Police and accused of working with the drug cartel Ismael “El Mayo” Zambada. The prosecutor offered Bayardo del Villar witness protection in exchange for his testimony against the cartel.

Bayardo del Villar had been a long time officer and after his arrest for bribery, he turned into a protected witness, with the alias “Tigre,” and a monthly salary of 50 mil pesos (approximately $5,000 U.S.D.). He formed part of the Clean Operation in 2008, one of the biggest political corruption scandals of the year. Bayardo del Villar was the lead witness against the Interim Commissioner, Gerardo Garay Cadena, of the Federal Police.

The Starbucks employees indicated that two men dressed in suits entered the location and one pulled out an automatic weapon and shot Bayardo del Villar. Then, they ran out towards a vehicle.

The District Attorney’s Office stated there is a full investigation into witnesses’ being murdered. They have reviewed the Starbucks surveillance cameras and are working with the Public Transportation System, because they believe that the assassins may have used the subway stations of the North Division and Zapata after they abandoned their green Isuzu vehicle. They have provided the public with sketches of the perpetrators.

The bodyguard, José Luis Castillo, is in the hospital in critical condition.

This is the second time in the last couple of days the State’s District Attorney’s Office has failed to protect its witnesses and have resulted in their deaths. Both witnesses had some connection to investigations into drug cartels in Sinaloa headed by “El Mayo.” On November 21, Jesús Zambada Reyes allegedly committed suicide while under witness protection.

For more information, please see:
Diario de Yucatán – Matan a testigo protegido – 2 December 2009

El Porvenir – Ejecutan en DF a testigo protegido – 2 December 2009

El Universal – Ser testigos de El Mayo los llevo a la muerte – 2 December 2009

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – Canadian Prime Minister Stephen Harper will visit China on Wednesday, December 2 for the first time in his four year administration. Harper’s administration has been critical of China’s human rights record and until recently has ignored relations with the country. Economic concerns are now compelling him to improve relations with the emerging super power. Although Harper has said this will not affect Canadian values, some fear that Canada will become too soft on human rights issues in China.

China has a poor international image on human rights. Beijing has long claimed that they are trying to establish a democratic society, but arbitrary arrests, torture, oppression, and pervasive internet censorship are still common place. China also consistently defends other countries with equally bad human rights agendas.

Harper’s administration initially took a harsh view on China’s human rights record and did little to promote economic relations with the country. Harper himself has said he would not sell out Canadian values for the almighty dollar when referring to China. Members of his own cabinet have called China “a godless, totalitarian country with nuclear weapons aimed at us.”

Recently, however, Canada has been looking to improve economic relations with China as China is now projected to be the strongest economy in the world by 2050. Canadian Ministers have been more willing China in the last year including Foreign Affairs Minister Lawrence Cannon who has visited the country three times. Liberal politicians once in the minority are now being called on more often for their expertise in establishing relations with China.

Human rights groups have been showing concern that Canada will now begin to overlook the pervasive human rights issues in China. The Chinese Human Rights Defenders, a Hong Kong based human rights organization sent a letter to Harper urging him to push the human rights agenda during his visit. Although they support Canadian relations with China, they have stressed that Canada should not forget their values on the subject of human rights. Demonstrations are also scheduled in both Montreal and Ottawa to urge Harper to stand up for human rights in China and Tibet during his visit.

For more information, please see:

Globe and Mail – A More Sophisticated Engagement With China – 30 November 2009

Toronto Star – Will Values Be Baggage as Harper Heads to China? – 30 November 2009

Canadian Press – Harpers long, Winding Road To China – 29 November 2009

Canada Views – Ottowa and Montreal Rise Up For Tibet – 29 November 2009

By Stephen Kopko

Impunity Watch Reporter, North America

MISSISSIPPI, United States – Governor Haley Barbour has proposed to merge three of Mississippi’s historically black colleges into one beginning in the year 2011. The merger is part of the Governor’s plan to decrease costs amidst new budget negotiations.

Under the Governor’s plan, Alcorn State and Mississippi Valley State would be merged into Jackson State, the state’s largest historically black college. Alcorn State and Mississippi Valley state are located approximately one hundred miles from Jackson State. Their campuses would remain but under new names.

Governor cited many different reasons for merging the three colleges into one. Mississippi has eight colleges and universities for approximately two million, nine hundred thousand people. Barbour stated that the residents of Mississippi can not afford that many institutions of higher education. According to Barbour, the merger would save Mississippi around thirty five million dollars. The savings would come from cuts to administrative costs and eliminating academic duplication.

Many groups and state legislators are opposed to the Governor’s plan. The presidents of the historically black colleges are unanimously opposed to the proposal. Jackson State University president Dr. Ronald Mason stated that “Mississippi needs historically black colleges because we traditionally serve the underserved.” Some Mississippi state legislators stated that they will not support the proposal. They believe that all Mississippi universities should be subject to the same scrutiny in regards to cuts or mergers.  Representative Adrienne Wooten said, “I only know there are certain universities that are having to come forward and prove why they should remain open.”

The Obama administration has also questioned Barbour’s proposal. John S. WIlson, executive director of the White House Initiative on Historically Black Colleges and Universities believed that cost savings should not be a goal. According to Wilson, the goal of the state should be improving the campuses’ capacity to educate more students. Wilson also believed that the Governor’s proposal may hurt the White House’s goal of having the highest proportion of college graduates by 2020.

For more information, please see:

MSNBC – Proposal to Merge Black Schools Draws Fire – 22 November 2009

WJTV, Jackson, MS. – School Chiefs Oppose Merging Black Universities – 18 November 2009

AFRO – Proposal to Merge HBCUs Draws Fire – November 2009