Summer 2013 National Immigrant Solidarity Network Monthly News Digest and News Alert!

[Alliance for Global Justice] Following is an open, sign-on letter from the Flush the TPP Campaign, of which the Alliance for Global Justice is a part. Right now the Trans-Pacific Partnership (TPP) is being negotiated at the same time that Congress is considering a "border surge" in militarization as part of immigration reform. We have already seen that free trade plus border militarization is a combination that kills. This letter explains the relationship between ‘free’ trade agreements and militarization of the border. The struggle for immigrant rights includes opening borders, not locking them down, and creating fair trade for people and the planet, not corporate trade for profit with impunity. Please consider signing on to this letter (fill out the form below). Then also share this letter with individuals and organizations in your community that work for immigrant rights or that also might be willing to sign on, and encourage them to add their names. We can stop the TPP! The first step is to educate more people about the effects the TPP will have on our communities. Then together, we will flush the TPP.

We write this letter out of concern regarding a looming humanitarian crisis. The prospect of the Trans-Pacific Partnership (TPP) along with a surge in border militarization will leave in its wake a trail of displacement and death. The TPP will continue destroying rural economies and uprooting workers in Mexico and elsewhere. More border militarization and criminalization will leave yet more bodies of the undocumented and their families abandoned and lifeless in the desert. We call on fair trade and immigrant rights activists to join together to stop the TPP and to demand real, just immigration reform.

Over 6,000 undocumented workers and their family members have died crossing the US-Mexico border since 1994, the year that the North America Free Trade Agreement (NAFTA) was passed. It was also when construction of the border wall began. NAFTA led to a 60% increase in migration across the Southern border–a forced migration of people desperately looking for jobs to feed their families. Because of border militarization the undocumented generally enter the US via its most sparsely populated and harshest desert terrains to avoid apprehension. Those who don’t make it die from dysentery, dehydration and exposure. The Trans-Pacific Partnership has been called “NAFTA on Steroids”. If it passes, it will be the largest FTA in the world, including not only Mexico, the United States and Canada, but also Peru, Chile, Vietnam, Brunei, Australia, Japan, New Zealand, Malaysia, and Singapore. The Obama administration is asking for “Fast Track” authority to negotiate the TPP....

6/27: House Passes 2014 NDAA; NSA Surveillance Will Lead to Indefinite Detention

The annual renewal of the National Defense Authorization Act (NDAA) is underway on Capitol Hill.

On June 14, by a vote of 315-108, the House of Representatives passed the Fiscal Year 2014 version of the NDAA (HR 1960). Several amendments to the defense spending legislation were proposed, many of which were approved either by voice vote or en bloc. The first method of voting requires no report on how individual members voted, while the second method aggregates amendments, allowing them to be voted on in groups.

A few of the amendments represent significant improvements to the NDAA of 2012 and 2013. The acts passed for those years infamously permitted the president to deploy U.S. military troops to apprehend and indefinitely detain any American he alone believed to be aiding enemies of the state.

While the 2014 iteration doesn’t go far enough in pushing the federal beast back inside its constitutional cage, there are at least a few congressmen willing to try to crack the whip and restore constitutional separation of powers and shore up a few of the fundamental liberties suspended by the NDAA of the past two years.

First, there is the amendment offered by Representative Trey Radel (R-Fla.). Radel’s amendment requires the Department of Defense to submit to the Congress a report every year containing: (1) the names of any U.S. citizens subject to military detention, (2) the legal justification for their continued detention, and (3) the steps the Executive Branch is taking to either provide them some judicial process, or release them. Requires that an unclassified version of the report be made available, and in addition, that the report must be made available to all members of Congress.

Radel’s amendment was passed by voice vote.

Next, an amendment offered by Representative Bob Goodlatte (R-Va.) would require the federal government, in habeas proceedings for U.S. citizens apprehended in the United States pursuant to the Authorization for the Use of Military Force (AUMF), to prove by “clear and convincing evidence” that the citizen is an unprivileged enemy combatant and there is not presumption that the government's evidence is accurate and authentic.

The House approved the Goodlatte amendment by a vote of 214-211.

Finally, an amendment by Representative Paul Broun (R-Ga.) forbids the Department of Defense from killing a citizen of the United States by a drone attack unless that person is actively engaged in combat against the United States.

This trio of amendments represents a laudable attempt to restrain the power of the executive. As constitutionalists and civil libertarians are aware, recent occupants of the Oval Office have usurped sweeping unconstitutional powers, including the authority to target Americans for indefinite detention, to withhold from them rights that have been recognized as unalienable since before the Magna Carta, and to kill American citizens who have been charged with no crime and been given no opportunity to defend themselves from the accusations that qualified them for summary assassination.

Despite these small victories in the battle to restore constitutionally protected liberty, the debate on the 2014 NDAA provided several examples of Congress violating their oaths of office by shrinking the scope of basic rights and expanding the power of the president to act as de facto (and now, de jure) judge, jury, and executioner.

For example, two amendments offered by Representative Adam Smith (D-Wash.) were rejected by his colleagues, to their dishonor.

Smith’s first proposed amendment would have prohibited indefinite military detention of any person detained under AUMF authority in the United States, territories, or possessions by providing immediate transfer to trial and proceedings by a court established under Article III of the Constitution or by an appropriate state court.

Not surprisingly, Smith’s amendment failed to garner approval, being voted down by a vote of 200-226 (213 Republicans voted against Smith’s amendment).

This was not the first time the “conservatives” in Congress rejected a proposal by Representative Smith that would have protected due process and disgorged the president of powers to which he is not entitled. During last year’s deliberations on the NDAA for Fiscal Year 2013, the House of Representatives voted to perpetuate the president’s power to indefinitely detain American citizens.

By a vote of 238-182, members of Congress rejected the amendment offered by Smith and Justin Amash (R-Mich.) that would have repealed the indefinite detention provision passed overwhelmingly in 2011 as part of the 2012 NDAA.

The Fiscal Year 2013 NDAA retained the indefinite detention provisions, as well as the section permitting prisoners to be transferred from civilian jurisdiction to the custody of the military.

"The frightening thing here is that the government is claiming the power under the Afghanistan authorization for use of military force as a justification for entering American homes to grab people, indefinitely detain them and not give them a charge or trial," Representative Amash said during House debate last year.

In his impassioned speech supporting the amendment he proposed last year, Representative Smith reminded his colleagues that the NDAA granted to the president “extraordinary” powers and divested the American people of key civil liberties, as well as divesting civilian courts of their constitutional jurisdiction.

Smith pointed out that there was no need to transfer suspects into military custody as “hundreds” of terrorists have been tried in federal courts since the attacks of September 11, 2001.

The more things change, the more they stay the same. Members of Congress — mostly Republican members — have united in firm defense of the president’s unconstitutional power to apprehend and indefinitely detain Americans.

There are very few more powerful reminders that there is no party in Washington, D.C., that is committed to faithfully adhering to the oath of office or to the upholding of the manifold God-given rights that are guaranteed by the Constitution.

Finally, there is in the NDAA for 2014, a frightening fusion of the federal government’s constant surveillance of innocent Americans and the assistance it will give to justifying the indefinite detention of anyone labeled an enemy of the regime.

Section 1061 of the 2014 NDAA approved by the House expands on the scope of surveillance established by the Patriot Act and the AUMF. Sec. 1061(a) authorizes the secretary of efense to "establish a center to be known as the 'Conflict Records Research Center.’” According to the current text of the NDAA, the center would be tasked with compiling a “digital research database including translations and to facilitate research and analysis of records captured from countries, organizations, and individuals, now or once hostile to the United States.”

In order to accomplish the center’s purpose, the secretary of defense will create an information exchange in cooperation with the director of national intelligence.

Key to the functioning of this information exchange will be the collection of “captured records.” Section 1061(g)(1), defines a captured record as "a document, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States."

When read in conjunction with the provision of the AUMF that left the War on Terror open-ended and previous NDAAs’ classification of the United States as a battleground in that unconstitutional war, and you’ve got a powerful combination that can knock out the entire Bill of Rights.

Finally, when all the foregoing is couched within the context of the revelations regarding the dragnet surveillance programs of the NSA, it becomes evident that anyone’s phone records, e-mail messages, browsing history, text messages, and social media posts could qualify as a “captured record.”

After being seized by the NSA (or some other federal surveillance apparatus), the seized materials would be processed by the Conflict Records Research Center created by this bill. This center's massive database of electronic information and its collaboration with the NSA converts the United States into a constantly monitored holding cell and all its citizens and residents into suspects. All, of course, in the name of security.

To wit, Americans zealous about retaining their rights and resisting the constant repeal of them by the federal government would be wise to remember the words James Madison wrote to Thomas Jefferson in 1798: “It is a universal truth that the loss of liberty at home is to be charged to the provisions against danger, real or pretended, from abroad.”

7/17: How the FBI Uses Rapists and Child Molesters to Entrap Gullible People in Terror Stings

MAPA Interactive Map of “Secure Communities” Shows How Many immigrants has been detained/deported under S-Comm)

Please download our latest newsletter: http://www.immigrantsolidarity.org/Newsletter/Summer13.pdf

Thanks for GREAT works from Detention Watch Network (DWN) to compiled the following information, please visit DWN website: http://www.detentionwatchnetwork.org

Useful Handouts and Know Your Immigrant Rights When Marches

Immigrant Marches / Marchas de los Inmigrantes

(By ACLU)

EN ESPAÑOL
Acerca de la Union Americana de Libertades Civiles

Immigrants and their supporters are participating in marches all over the country to protest proposed national legislation and to seek justice for immigrants. The materials available here provide important information about the rights and risks involved for anyone who is planning to participate in the ongoing marches.

If government agents question you, it is important to understand your rights. You should be careful in the way you speak when approached by the police, FBI, or INS. If you give answers, they can be used against you in a criminal, immigration, or civil case.

The ACLU's publications below provide effective and useful guidance in several languages for many situations. The brochures apprise you of your legal rights, recommend how to preserve those rights, and provide guidance on how to interact with officials.

IMMIGRATION
Know Your Rights When Encountering Law Enforcement
| Conozca Sus Derechos Frente A Los Agentes Del Orden Público

ACLU of Massachusetts - Your Rights And Responsibilities If You Are Contacted By The Authorities English | Spanish | Chinese

ACLU of Massachusetts - What to do if stopped and questioned about your immigration status on the street, the subway, or the bus
| Que hacer si Usted es interrogado en el tren o autobus acerca de su estatus inmigratorio

ACLU of South Carolina - How To Deal With A 287(g)
| Como Lidiar Con Una 287(g)

ACLU of Southern California - What to Do If Immigration Agents or Police Stop You While on Foot, in Your Car, or Come to Your Home
| Qué Hacer Si Agentes de Inmigración o la Policía lo Paran Mientras Va Caminando, lo Detienen en su Auto o Vienen a su Hogar

ACLU of Washington - Brochure for Iraqis: What to Do If the FBI or Police Contact You for Questioning English | Arabic

ACLU of Washington - Your Rights at Checkpoints at Ferry Terminals
| Sus Derechos en Puestos de Control en las Terminales de Transbordadores

LABOR / FREE SPEECH
Immigrant Protests - What Every Worker Should Know:
| Manifestaciones de los Inmigrantes - Lo Que Todo Trabajador Debe Saber

PROTESTERS
ACLU of Florida Brochure - The Rights of Protesters
| Los Derechos de los Manifestantes

STUDENTS
Washington State - Student Walkouts and Political Speech at School
| Huelgas Estudiantiles y Expresión Política en las Escuelas

California Students: Public School Walk-outs and Free Speech
| Estudiantes de California: Marchas o Huelgas y La Libertad de Expresión en las Escuelas Públicas

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