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  • Twice a week,

  • I drive from my home near Tijuana, Mexico,

  • over the US border, to my office in San Diego.

  • The stark contrast between the poverty and desperation on one side of the border

  • and the conspicuous wealth on the other

  • always feels jarring.

  • But what makes this contrast feel even starker

  • is when I pass by the building that those of us who work on the border

  • unaffectionately refer to as the black hole.

  • The black hole is the Customs and Border Protection,

  • or CBP facility,

  • at the San Ysidro port of entry,

  • right next to a luxury outlet mall.

  • It's also where, at any one time,

  • there's likely 800 immigrants

  • locked in freezing, filthy, concrete cells below the building.

  • Up top: shopping bags and frappuccinos.

  • Downstairs: the reality of the US immigration system.

  • And it's where, one day in September of 2018,

  • I found myself trying to reach Anna,

  • a woman who CBP had recently separated from her seven-year-old son.

  • I'm an immigration attorney

  • and the policy and litigation director of Al Otro Lado,

  • a binational nonprofit helping immigrants on both sides of the US-Mexico border.

  • We'd met Anna several weeks earlier at our Tijuana office,

  • where she explained that she feared she and her son would be killed in Mexico.

  • So we prepared her for the process of turning herself over to CBP

  • to ask for asylum.

  • A few days after she'd gone to the port of entry to ask for help,

  • we received a frantic phone call

  • from her family members in the United States,

  • telling us that CBP officials had taken Anna's son from her.

  • Now, not that this should matter,

  • but I knew that Anna's son had special needs.

  • And once again,

  • this news filled me with the sense of panic and foreboding

  • that has unfortunately become a hallmark of my daily work.

  • I had a signed authorization to act as Anna's attorney,

  • so I rushed over to the port of entry

  • to see if I could speak with my client.

  • Not only would CBP officials not let me speak to Anna,

  • but they wouldn't even tell me if she was there.

  • I went from supervisor to supervisor,

  • begging to submit evidence of Anna's son's special needs,

  • but no one would even talk to me about the case.

  • It felt surreal to watch the shoppers strolling idly by

  • what felt like a life-and-death situation.

  • After several hours of being stonewalled by CBP,

  • I left.

  • Several days later,

  • I found Anna's son in the foster-care system.

  • But I didn't know what happened to Anna

  • until over a week later,

  • when she turned up at a detention camp a few miles east.

  • Now, Anna didn't have a criminal record,

  • and she followed the law when asking for asylum.

  • Still, immigration officials held her for three more months,

  • until we could win her release

  • and help her reunify with her son.

  • Anna's story is not the only story I could tell you.

  • There's Mateo, an 18-month-old boy,

  • who was ripped from his father's arms

  • and sent to a government shelter thousands of miles away,

  • where they failed to properly bathe him for months.

  • There's Amadou,

  • an unaccompanied African child,

  • who was held with adults for 28 days in CBP's horrific facilities.

  • Most disturbingly, there's Maria,

  • a pregnant refugee who begged for medical attention for eight hours

  • before she miscarried in CBP custody.

  • CBP officials held her for three more weeks

  • before they sent her back to Mexico,

  • where she is being forced to wait months

  • for an asylum hearing in the United States.

  • Seeing these horrors day in and day out has changed me.

  • I used to be fun at parties,

  • but now, I inevitably find myself telling people

  • about how our government tortures refugees at the border

  • and in the detention camps.

  • Now, people try to change the subject

  • and congratulate me for the great work I'm doing in helping people like Anna.

  • But I don't know how to make them understand

  • that unless they start fighting, harder than they ever thought possible,

  • we don't know which of us will be the next to suffer Anna's fate.

  • Trump's mass separations of refugee families

  • at the southern border

  • shocked the conscience of the world

  • and woke many to the cruelties of the US immigration system.

  • It seems like today,

  • more people than ever are involved in the fight for immigrant rights.

  • But unfortunately, the situation is just not getting better.

  • Thousands protested to end family separations,

  • but the government is still separating families.

  • More than 900 children have been taken from their parents

  • since June of 2018.

  • Thousands more refugee children have been taken from their grandparents,

  • siblings and other family members at the border.

  • Since 2017,

  • at least two dozen people have died in immigration custody.

  • And more will die, including children.

  • Now, we lawyers can and will keep filing lawsuits

  • to stop the government from brutalizing our clients,

  • but we can't keep tinkering around the edges of the law

  • if we want migrants to be treated humanely.

  • This administration would have you believe that we have to separate families

  • and we have to detain children,

  • because it will stop more refugees from coming to our borders.

  • But we know that this isn't true.

  • In fact, in 2019,

  • the number of apprehensions at our southern border

  • has actually gone up.

  • And we tell people every day at the border,

  • "If you seek asylum in the United States,

  • you risk family separation,

  • and you risk being detained indefinitely."

  • But for many of them, the alternative is even worse.

  • People seek refuge in the United States for a lot of different reasons.

  • In Tijuana, we've met refugees from over 50 countries,

  • speaking 14 different languages.

  • We meet LGBT migrants from all over the world

  • who have never been in a country in which they feel safe.

  • We meet women from all over the world

  • whose own governments refuse to protect them

  • from brutal domestic violence or repressive social norms.

  • Of course, we meet Central American families

  • who are fleeing gang violence.

  • But we also meet Russian dissidents,

  • Venezuelan activists,

  • Christians from China, Muslims from China,

  • and thousands and thousands of other refugees

  • fleeing all types of persecution and torture.

  • Now, a lot of these people would qualify as refugees

  • under the international legal definition.

  • The Refugee Convention was created after World War II

  • to give protection to people fleeing persecution

  • based on their race, religion, nationality, political opinion

  • or membership in a particular social group.

  • But even those who would be refugees under the international definition

  • are not going to win asylum in the United States.

  • And that's because since 2017,

  • the US Attorneys General have made sweeping changes to asylum law,

  • to make sure that less people qualify for protection in the United States.

  • Now these laws are mostly aimed at Central Americans

  • and keeping them out of the country,

  • but they affect other types of refugees as well.

  • The result is that the US frequently deports refugees

  • to their persecution and death.

  • The US is also using detention to try to deter refugees

  • and make it harder for them to win their cases.

  • Today, there are over 55,000 immigrants detained in the United States,

  • many in remote detention facilities,

  • far from any type of legal help.

  • And this is very important.

  • Because it's civil and not criminal detention,

  • there is no public defender system,

  • so most detained immigrants are not going to have an attorney

  • to help them with their cases.

  • An immigrant who has an attorney

  • is up to 10 times more likely to win their case

  • than one who doesn't.

  • And as you've seen, I hate to be the bearer of bad news,

  • but the situation is even worse for refugee families today

  • than it was during family separation.

  • Since January of 2019,

  • the US has implemented a policy

  • that's forced over 40,000 refugees to wait in Mexico

  • for asylum hearings in the United States.

  • These refugees, many of whom are families,

  • are trapped in some of the most dangerous cities in the world,

  • where they're being raped, kidnapped

  • and extorted by criminal groups.

  • And if they survive for long enough to make it to their asylum hearing,

  • less than one percent of them are able to find an attorney

  • to help them with their cases.

  • The US government will point to the lowest asylum approval rates

  • to argue that these people are not really refugees,

  • when in fact, US asylum law is an obstacle course

  • designed to make them fail.

  • Now not every migrant at the border is a refugee.

  • I meet plenty of economic migrants.

  • For example, people who want to go to the United States to work,

  • to pay medical bills for a parent

  • or school fees for a child back home.

  • Increasingly, I'm also meeting climate refugees.

  • In particular, I'm meeting a lot of indigenous Central Americans

  • who can no longer sustain themselves by farming,

  • due to catastrophic drought in the region.

  • We know that today,

  • people are migrating because of climate change,

  • and that more will do so in the future,

  • but we simply don't have a legal system to deal with this type of migration.

  • So, it would make sense, as a start,

  • to expand the refugee definition

  • to include climate refugees, for example.

  • But those of us in a position to advocate for those changes

  • are too busy suing our government

  • to keep the meager legal protections that refugees enjoy under the current law.

  • And we are exhausted,

  • and it's almost too late to help.

  • And we know now

  • that this isn't America's problem alone.

  • From Australia's brutal offshore detention camps

  • to Italy's criminalization of aid to migrants drowning in the Mediterranean,

  • first-world countries have gone to deadly lengths

  • to keep refugees from reaching our shores.

  • But they've done more than restrict the refugee definition.

  • They've created parallel, fascist-style legal systems

  • in which migrants have none of the rights that form the basis of a democracy,

  • the alleged foundation of the countries in which they're seeking refuge.

  • History shows us that the first group

  • to be vilified and stripped of their rights is rarely the last,

  • and many Americans and Europeans

  • seem to accept an opaque and unjust legal system for noncitizens,

  • because they think they are immune.

  • But eventually,

  • these authoritarian ideals bleed over and affect citizens as well.

  • I learned this firsthand

  • when the US government placed me on an illegal watch list

  • for my work helping immigrants at the border.

  • One day, in January of 2019,

  • I was leaving my office in San Diego

  • and crossing the border to go back to my home in Mexico.

  • Mexican officials, although they had given me a valid visa,

  • stopped me and told me that I couldn't enter the country

  • because a foreign government had placed a travel alert on my passport,

  • designating me as a national security risk.

  • I was detained and interrogated in a filthy room for hours.

  • I begged the Mexican officials

  • to let me go back to Mexico and pick up my son,

  • who was only 10 months old at the time.

  • But they refused,

  • and instead, they turned me over to CBP officials,

  • where I was forced back into the United States.

  • It took me weeks to get another visa so that I could go back to Mexico,

  • and I went to the border, visa in hand.

  • But again, I was detained and interrogated

  • because there was still a travel alert on my passport.

  • Shortly after,

  • leaked internal CBP documents

  • confirmed that my own government

  • had been complicit in issuing this travel alert against me.

  • And since then, I haven't traveled to any other countries,

  • because I'm afraid I'll be detained

  • and deported from those countries as well.

  • These travel restrictions, detentions

  • and separation from my infant son

  • are things I never thought I would experience as a US citizen,

  • but I'm far from the only person being criminalized for helping immigrants.

  • The US and other countries have made it a crime to save lives,

  • and those of us who are simply trying to do our jobs

  • are being forced to choose between our humanity and our freedom.

  • And the thing that makes me so desperate

  • is that all of you are facing the same choice,

  • but you don't understand it yet.

  • And I know there are good people out there.

  • I saw thousands of you in the streets,

  • protesting family separation.

  • And that largely helped bring about an end to the official policy.

  • But we know that the government is still separating children.

  • And things are actually getting worse.

  • Today, the US government is fighting for the right

  • to detain refugee children indefinitely in prison camps.

  • This isn't over.

  • We cannot allow ourselves to become numb or look away.

  • Those of us who are citizens of countries

  • whose policies cause detention, separation and death,

  • need to very quickly decide which side we're on.

  • We need to demand that our laws respect the inherent dignity of all human beings,

  • especially refugees seeking help at our borders,

  • but including economic migrants and climate refugees.

  • We need to demand that refugees get a fair shot

  • at seeking protection in our countries

  • by ensuring that they have access to council

  • and by creating independent courts

  • that are not subject to the political whims of the president.

  • I know it's overwhelming,

  • and I know this sounds cliché, but ...

  • we need to call our elected representatives

  • and demand these changes.

  • I know you've heard this before,

  • but have you made the call?

  • We know these calls make a difference.

  • The dystopian immigration systems being built up in first-world countries

  • are a test of citizens

  • to see how far you're willing to let the government go

  • in taking away other people's rights when you think it won't happen to you.

  • But when you let the government take people's children

  • without due process

  • and detain people indefinitely without access to council,

  • you are failing the test.

  • What's happening to immigrants now

  • is a preview of where we're all headed if we fail to act.

  • Thank you.

  • (Applause)

Twice a week,

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    林宜悉 に公開 2021 年 01 月 14 日
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