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ACLU Sues ICE and PEN America Files Legal Brief Calling for Release of Student Detained for Reading Poem

“It’s not unpatriotic to denounce an injustice committed on our behalf, perhaps it’s the most patriotic thing we can do.” E.A. Bucchianeri, Brushstrokes of a Gadfly

Two days after he read this poem at a TRUTH Act forum in Bakersfield, California, ICE arrested Jose Bello. The ACLU sued. ICE cannot intimidate us into silence. Visit facebook.com/FreeJoseBello for updates.

PEN America filed an amicus curiae brief urging a federal appeals court in California to immediately release a student arrested and detained by ICE for publicly reciting a poem. The brief, filed in the Ninth Circuit Court of Appeals, is in support of student Jose Omar Bello Reyes, arrested in May of this year.

“No one should go to jail for reading a poem. Yet, it appears that ICE agents targeted Bello as a result of his poetry reading. When government officials wield their power to silence their critics and suppress lawful, protected speech, they undermine the core protection established by the First Amendment,” said Nora Benavidez, PEN America’s director of U.S. free expression programs. “In our filing today, we are calling on the Ninth Circuit to affirm Jose Bello’s political and artistic speech by fortifying his right to be free from government retaliation. Protest poetry has a long and proud tradition in the United States that must be vigorously defended in our courts of law.” 

In its supporting brief (accessible here), PEN America urges the Ninth Circuit to grant his motion for release and affirm the constitutional guarantees afforded by the First Amendment. PEN America argues that “Mr. Bello enjoys a constitutional right to speak freely, to be free from retaliation for that speech, and to be free from efforts to restrain his ongoing speech on matters of public concern. Moreover, listeners and participants in the ongoing immigration debate have a concomitant right to receive his expressed viewpoints, without government officials deliberately interfering with the flow of that information with a censorial and retaliatory motive and effect. Despite these protections, ICE acted in retaliation for protected speech that was critical of them, striking at the very heart of the First Amendment.”

ICE officers arrested Bakersfield College student Bello May 19 at his home in Bakersfield, California. Bello’s arrest occurred 36 hours after he appeared at a public forum held by the Kern County Board of Supervisors and recited his poem “Dear America,” which included criticisms of current federal immigration policy. After his arrest, the ACLU of Southern California filed a habeas petition on Bello’s behalf, arguing that his detention was retaliatory and violated his First Amendment rights. On July 16, a federal district court judge denied the petition but found the timing of the arrest to be “highly suggestive of retaliatory intent.” The case is now on appeal before the Ninth Circuit.

PEN America has previously expressed its concern about the enforcement action taken against Mr. Bello, as well as the broader issues around the erosion of free speech through ICE’s targeted enforcement actions. Most recently, it joined amicus briefs on behalf of detained Tennessee journalist Manuel Duran Ortega, who was arrested in April 2018 while reporting on a protest, and immigrants’ rights activist Ravi Ragbir, who was detained and targeted for deportation following his criticism of ICE at public rallies and on media outlets.

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This content is courtesy of PEN America, the ACLU, and Bakersfield.com.

PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. It champions the freedom to write, recognizing the power of the word to transform the world. Its mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible.

The American Civil Liberties Union (ACLU) is a nonprofit organization whose stated mission is “to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.”Officially nonpartisan, the organization has been supported and criticized by liberal and conservative organizations alike.[9] The ACLU works through litigation and lobbying and it has over 1,200,000 members and an annual budget of over $100 million. Local affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases when it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.

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Attn.: Women Poets, Opportunity Knocks, A Reminder from English Poet, Myra Schneider

Myra Schneider

“I believe the role of the poet is to reflect on human experience and the world we live in and to articulate it for oneself and others. Many people who suffer a loss or go through a trauma feel a need for poetry to give voice to their grief and to support them through a difficult time. When an atrocity is committed poems are a potent way of expressing shock and anger, also of bearing witness. I think that the poet can write forcefully, using a different approach from a journalist, about subjects such as climate change, violence, abuse and mental illness and that this is meaningful to others. I very much believe too that poetry is a way of celebrating life. I think it deserves a central place in our world.” Myra Schneider in an interview on The Poet by Day HERE.

Myra reminds us that Second Light’s Poetry competition will close for entries on August 4th”

“WOMEN POETS – Still just time to enter the Second Light Poetry Competition 2019 Online entries accepted CLOSING DATE AUGUST 6TH. The competition includes first prizes for best long length poem [no length limit] and best short length poem, as well as 2nd and 3rd prizes and commendations publication in ARTEMISpoetry magazine for all these [or extracts in the case of long poems].
Also readings to prize winners and commended poets.
For full details got to Second Light Live HERE.”

ABOUT

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Recent in digital publications: 
* Four poems , I Am Not a Silent Poet
* Five poems, Spirit of Nature, Opa Anthology of Poetry, 2019
* From the Small Beginning, Entropy Magazine (Enclave, #Final Poems)(July 2019)
* Over His Morning Coffee, Front Porch Review (July 2019)
Upcoming in digital publications:
* The Damask Garden, In a Woman’s Voice (August 2019)

A busy though bed-bound poet, writer, former columnist and the former associate editor of a regional employment newspaper, my work has been featured widely in print and digital publications including: Levure littéraire, Ramingo’s Porch, Vita Brevis Literature, HerStry, Connotation Press, The Bar None Group, Salamander Cove, I Am Not a Silent Poet, Meta/ Phor(e) /Play, Woven Tale Press, The Compass Rose and California Woman.

I run The Poet by Day, a curated info hub for poets and writers. I founded The Bardo Group/Beguines, a virtual literary community and publisher of The BeZine of which I am the founding and managing editor. Among others, I’ve been featured on The MethoBlog, on the Plumb Tree’s Wednesday Poet’s Corner, and several times as Second Light Live featured poet.

Email me at thepoetbyday@gmail.com for permissions or commissions.

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Foundation Consortium Acquires Historic African American Photographic Archive

Ebony Magazine Vol. 24 No. 10
Photo Credit: Johnson Publishing Company

A consortium of foundations – the Ford Foundation, The J. Paul Getty Trust, the John D. and Catherine T. MacArthur Foundation, and the Andrew W. Mellon Foundation – acquired the archive of Johnson Publishing Company (JPC), publisher of the iconic Ebony and Jet magazines this past Thursday. The acquisition is pending court approval and the closing of the sale.

The archive includes more than four million prints and negatives comprising the most significant collection of photographs cataloguing African American life in the 20th century. The archive was acquired for $30 million as part of an auction of the assets of JPC in connection with its Chapter Seven bankruptcy filing.

The foundation consortium will donate the archives to the Smithsonian National Museum of African American History and Culture, the Getty Research Institute, and other leading cultural institutions for the public benefit to ensure the broadest access for the general public and use by scholars, researchers, journalists . . . and poets and writers like us. 

Speaking after the sale, Ford Foundation president Darren Walker said,

“We’re thrilled with the outcome. This archive is a national treasure and one of tremendous importance to the telling of black history in America. We felt it was imperative to preserve these images, to give them the exposure they deserve and make them readily available to the public.”

James Cuno, president of The J. Paul Getty Trust noted,

“There is no greater repository of the history of the modern African-American experience than this archive. Saving it and making it available to the public is a great honor and a grave responsibility.”


The November 2005 60th anniversary cover featuring actors Denzel Washington, Halle Berry, and Jamie Foxx / shared here under Fair Use

The sale of the archive is a coda to the story of a company of great significance to the African American community. Elizabeth Alexander, president of the Mellon Foundation, added that the partnership to preserve and make publicly available this profound collection of African American history and culture represented a tremendous opportunity. “The preservation and accessibility of this singular and remarkable photographic archive exemplifies Mellon’s values and is of immeasurable service to picturing the vast and varied range of African American life,” said Alexander.

“This iconic and unique collection will stand the test of time, documenting an essential part of American history over an extraordinary period. We are pleased to collaborate to acquire the archive and to preserve it for the benefit of scholars, the public, and future generations forever,” said MacArthur president Julia Stasch.

“The MacArthur Foundation and JPC share a common home town in Chicago and a commitment to preserving and sharing the rich breadth and complete history of the African American narrative,” said John Palfrey, MacArthur’s incoming president.

Jet Magazine Cover 1952

The archive offers a remarkable insight into everyday of life in Black America – up-close and personal pictures of artists, celebrities and leaders which provided much needed representation in the media. The historic images also capture moments of grief and horror like the mutilated body of Emmett Till in his coffin and Coretta Scott King at her husband’s funeral.

The consortium will transfer the archive to the Smithsonian National Museum of African American History and Culture and the Getty Research Institute, pending final disposition.

“The Smithsonian’s National Museum of African American History and Culture is proud to collaborate with the consortium and the Getty Research Institute on this important endeavor to preserve and share the richness of these iconic publications,” said Lonnie Bunch, the founding director of the museum and Secretary of the Smithsonian. “Ebony and Jet magazine helped shape our nation’s history, allowing Americans — of all colors — to see the full panorama of the African American experience. Together, our organizations will ensure these images, stories and the history of these publications are well-preserved and available to the public and future generations.”

In Los Angeles, Mary Miller, director of the Getty Research Institute, which houses one of the largest public libraries of art archives in the world, said, “It’s a privilege for the Getty Research Institute to participate in making the archive accessible to scholars everywhere, and to have the opportunity to work with other institutions, particularly the Smithsonian National Museum of African American History and Culture, to secure and share this central American narrative. Perhaps the greatest archive of African American life and culture, the Johnson Publishing archive is a unique resource for the interdisciplinary work that grows from visual inquiry at the heart of research at GRI.”

ABOUT

Testimonials
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Recent in digital publications: 
* Four poems , I Am Not a Silent Poet
* Five poems, Spirit of Nature, Opa Anthology of Poetry, 2019
* From the Small Beginning, Entropy Magazine (Enclave, #Final Poems)(July 2019)
* Over His Morning Coffee, Front Porch Review (July 2019)
Upcoming in digital publications:
* The Damask Garden, In a Woman’s Voice (August 2019)

A busy though bed-bound poet, writer, former columnist and the former associate editor of a regional employment newspaper, my work has been featured widely in print and digital publications including: Levure littéraire, Ramingo’s Porch, Vita Brevis Literature, HerStry, Connotation Press, The Bar None Group, Salamander Cove, I Am Not a Silent Poet, Meta/ Phor(e) /Play, Woven Tale Press, The Compass Rose and California Woman.

I run The Poet by Day, a curated info hub for poets and writers. I founded The Bardo Group/Beguines, a virtual literary community and publisher of The BeZine of which I am the founding and managing editor. Among others, I’ve been featured on The MethoBlog, on the Plumb Tree’s Wednesday Poet’s Corner, and several times as Second Light Live featured poet.

Email me at thepoetbyday@gmail.com for permissions or commissions.

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New Anthology of Essays, Memoir, Stories and Poems by NYC Immigrant “Dreamers”

With an Introduction by Mexican novelist Álvaro Enrigue, the Collection is the Product of PEN America’s “DREAMing Out Loud” Workshops for CUNY students

Enrigue at the 2016 Hay Festival courtesy of Andrew Lih under

PEN America today published an anthology of writings by young aspiring writers and students who struggle with the day-to-day difficulties of their immigration status. The collection, DREAMing Out Loud: Voices of Undocumented Students includes fifty-nine personal essays, short stories, memoir and poems with an introduction by award-winning Mexican novelist and essayist Álvaro Enrigue, who, along with writers Charlie Vazquez, and Lisa Ko, mentored the students as part of PEN America’s DREAMing Out Loud writing workshop series. Enrigue is the founder of the program with PEN America.

The collection is available at Amazon for $9.95. All proceeds benefit PEN America. More details about the book and PEN America’s “DREAMing Out Loud” workshops HERE.

The collection captures both personal and political views, along with remembrances, of the young writers who came to the United States as children from nearly every continent and from diverse settings: conflict zones and farms to urban centers and rural outposts.

For them, debate over Deferred Action for Childhood Arrivals (DACA) and other legislative immigration proposals is not an abstract political discussion; rather, it is their lived experience and a constant reminder that at its core, the debate centers on whether their voices—and existence—are welcome in the United States.

So-called “dreamers,” who were brought into the country before they were sixteen years old and without legal immigration authorization, have long faced a variety of financial, legal and cultural obstacles in their pursuit of higher education. The DREAMing Out Loud workshops provide an avenue for Dreamers to build their sense of community on CUNY campuses in Manhattan, the Bronx, Brooklyn and Queens, as they develop their writing and other skills for self-expression.

Susanne Nossel

PEN America CEO Suzanne Nossel said: “At PEN America we recognize that freedom of speech depends upon conscious efforts to ensure that the most silenced voices in society are heard. Facing pressures that most Americans can scarcely imagine, these young writers have dared to tell their stories with candor and great insight. We are thrilled to be able to present their writings to the public amid a raging national debate about how we treat newcomers to this country, and whether we stand by the ideals enshrined in our constitution and embodied in our Statue of Liberty. We hope this collection gives readers a sense of the human faces and experiences behind the headlines, forcing us to confront the individual and collective costs of the societal choices we make and tolerate.”

Anne del Castillo, commissioner of the New York City Mayor’s Office of Media and Entertainment (MOME), commented:

“The stories we tell shape our understanding of the world and ourselves as individuals and as a society. We are proud to support the important work of the DREAMing Out Loud program as it empowers DREAMers to tell unfiltered stories about what it means to be young immigrants. The publication of DREAMing Out Loud: Voices of Undocumented Students ensures that the voices of DREAMers will be heard in a field often dominated by political rhetoric—and it recognizes the importance of these stories to our collective understanding of the true American experience.”

MOME supported PEN America’s successful application for a Mayor’s Cultural Impact Grant from the NYC Department of Cultural Affairs, and gave matching funds or the expansion of the program.

The writing reflects the duality of the young authors’ existence and the richness of their cultural backgrounds: they ruminate about their lives, sometimes with longing and sometimes with sadness, as memories and connections fade.

“At first the border between my immediate family in America and the rest of my family in Mexico was mitigated by calls which became fewer and shorter through the years. The border grew wider and thicker until it completely filled the space between us,” writes workshop participant Yesica Balderrama in her essay.

Other writers look critically at American society and its treatment of immigrants. “She’d also watched shows and movies about the U.S. that portrayed America as though it was the place to be so much so that was somehow inevitable that she ended up here. And yet after shoving America’s so-called greatness down everyone’s throat the powers that be castigated people like her for wanting a slice of the American pie,” writes workshop participant Ophelia Kanjo.

In his introduction, Enrigue writes:

“This book gives testimony of one of the most extreme and literary ways of being an American writer in our days. As with Segismundo, the members of the DREAMers Workshop Project have a constant persistent consciousness about the fact that our peaceful everyday life is not given but something we have to fight for, staying strong and alert and outsmarting the system every damned minute of our lives. Resistance is a topic for most of us, for a DREAMer it is breakfast, lunch and dinner.”

PEN America created the DREAMing Out Loud workshops in 2016 to counter the anti-immigrant sentiment on the rise in the United States and to amplify the voices of many living in this country who are marginalized because of their immigration status, race, religion, gender, sexual orientation or simply for being perceived as “other.”

A potent and inspiring example of PEN America’s dual mission to celebrate literature and writing as an essential form of free expression, the program is also a means to build a diverse talent pipeline for careers in the literature and publishing industries. The program offers tuition-free writing workshops for the students in New York City. This year, the program was expanded with a Mayor’s Grant for Cultural Impact. The expansion included new City University of New York sites in the Bronx at Lehman College, Flushing at Queens College & Central Brooklyn at Medgar Evers College and strengthened professional development.

PEN America has a long history defending and championing all voices, along with a commitment to the idea that cross-cultural exchange is essential to a free flow of discourse.

Amid a climate of retrenchment in principaled American leadership both around the globe and within our borders, open discourse is a potent catalyst for cross-cultural understanding, cooperation and progress. The PEN World Voices Festival, founded in the aftermath of Sept. 11, 2001 to broaden avenues of dialogue between the United States and the world, is perhaps the best known public program devoted to this mission. The weeklong annual festival has presented writers and artists from 118 countries speaking 56 languages.

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PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. It champions the freedom to write, recognizing the power of the word to transform the world. Its mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible.

ABOUT

Testimonials
Disclosure
Facebook
Twitter

Recent in digital publications: 
* Four poems , I Am Not a Silent Poet
* Five poems, Spirit of Nature, Opa Anthology of Poetry, 2019
* From the Small Beginning, Entropy Magazine (Enclave, #Final Poems)(July 2019)
* Over His Morning Coffee, Front Porch Review (July 2019)
Upcoming in digital publications:
* The Damask Garden, In a Woman’s Voice (August 2019)

A busy though bed-bound poet, writer, former columnist and the former associate editor of a regional employment newspaper, my work has been featured widely in print and digital publications including: Levure littéraire, Ramingo’s Porch, Vita Brevis Literature, HerStry, Connotation Press, The Bar None Group, Salamander Cove, I Am Not a Silent Poet, Meta/ Phor(e) /Play, Woven Tale Press, The Compass Rose and California Woman.

I run The Poet by Day, a curated info hub for poets and writers. I founded The Bardo Group/Beguines, a virtual literary community and publisher of The BeZine of which I am the founding and managing editor. Among others, I’ve been featured on The MethoBlog, on the Plumb Tree’s Wednesday Poet’s Corner, and several times as Second Light Live featured poet.

Email me at thepoetbyday@gmail.com for permissions or commissions.