“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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Public domain USGS Satellite photo of the San Francisco Bay Area. The San Francisco peninsula protrudes northward. San Francisco is at its tip.
As you might suspect, there was a reason for featuring Emma Lazarus and her poem, The New Colossus, as part of the American She-Poets series this a.m. … the reason being a reminder of our American ideals in the face an unreasonable ban, free-flowing hostilitities, and the fear vulnerable people have given the ramped-up deportation policies finding support and stride under the current Republican administration. Almost all immigrants to this country are refugees even if they are not formally declared so. Formally or informally they seek refuge from violence, poverty, joblessness, hunger and environmental degradation.
“Now ‘refugees’ are those of us who have been so unfortunate as to arrive in a new country without means and have to be helped by refugee committees …. We lost our home, which means the familiarity of daily life. We lost our occupation, which means the confidence that we are of some use in this world. We lost our language, which means the naturalness of reactions, the simplicity of gestures, the unaffected expression of feelings. . . . ” We Refugees, an essay by Hannah Arendt in the 1943 issue of Menorah
The lack of empathy and compassion for and the fear of and prejudice toward immigrants is not new in American history and, as better people than me have said, unless you are a Native American, you are an immigrant, no matter how far back your roots go in these United States. It is likely that your own progenitors felt the sting of prejudice, might have suffered greatly and even died at its hands.
Here I report on the programs and practices that are being implemented by our interfaith community with the help of a number of organizations including Faith In Action, which is integral to the design of a Rapid Response Program. My hope is that in reading this more people in our own community will become involved and that other communities that don’t have programs and collaborations will be inspired to create them.
The Peninsula Solidarity Network of clergy representing diverse faiths was originally initiated to discuss and address the shortage of housing and affordable rents throughout the San Francisco Peninsula and South Bay area and is now taking on another crisis: creating sanctuary andbuilding a Rapid Response Network to witness, accompany and advocate for immigrants facing deportation. On Wednesday, February 8th, it hosted a training by Faith In Action Bay Area. The training was on the Sanctuary Movement and The Rapid Response Network, a project of Faith In Action Bay Area, PICO and the Archdiocese of San Francisco in collaboration with Pangea Legal Services and California Immigrant Youth Justice Alliance.
Please note:I do not speak for or represent the Peninsula Solidarity Network or its clergy and lay-leader members, Faith In Action or the Rapid Response Network, but I was a butterfly on the wall with the good fortune to listen in and report back to you. This is what I learned. Any mistakes or mistaken assumptions are my own. If you are clergy or a professional journalist interested in the Peninsula Solidarity Network, the Sanctuary Movement, and/or Rapid Response email clergyhousingsummit2@gmail.com J.D.
While deportation is not a new problem, these efforts by the federal government are escalating and Faith In Action is working to bring our congregations together to foster the bigger scale of action and involvement that is necessary now . . . and we need everyone. Our job is to facilitate support among the races. Everyone has a role to play: diverse immigrant communities supporting one another and the greater community showing presence. Vulnerable ethnic and religious groups need special help and American citizens have responsibility to be present for victims and involved in this work.
Within the immigrant community congregations are the center for hope. Faith organizations can offer training to help families to defend themselves, to know their rights, and to get deportation defense through community campaigns, solidarity networks and for advocacy at local, state and federal levels.
Each city needs RAPID RESPONSE TEAMS of at least forty people. First responders verify raids, are moral and legal observers and connect families with legal services, social and economic services, advocacy and accompaniment services.
Victims of immigration raids can’t leave home or work to find sanctuary in a congregation. With rapid response, the congregation goes to the people.
In California, clergy and congregation members can also help by supporting the proposed California Values Act (SB 54) of California Senate President pro Tempore Kevin de León. Here is the short link to info about SB 54: http://tinyurl.com/j6e6ayv
Donate to Faith In Action Bay Area, 1336 Arroyo Ave, San Carlos, CA 94070-3913 (510) 234-8983
OUR PENINSULA RESIDENTS ARE INVITED TO attend the Faith In Practicing Solidarity During Immigration Raids Training (Rapid Response Network: Witness, Accompany and Advocate) to be offered on February 12, 4 p.m. – 6 p.m. at the First Congregational Church, 225 Tilton Ave., San Mateo, CA (Parking on Catalpa). You will learn how to witness (be a legal observer), accompany (provide moral support) and advocate (prepare for opportunity to pass new protections). There will be a second training offered on February 28, 6:30 – 8:30pm, 2266 California St, San Francisco.
What follows is a short film (about 20 min.), which tells the history of immigration in the United States. If you are reading this feature from an email subscription, you’ll likely have to link through to watch the video.
Too many people are deported – or “returned” – many of them are long-term residents woven into the fabric of our communities and congregations, including our neighbors. Often this results in splitting up families with children who are U.S. citizens.
Time after time Congress has refused to address our broken immigration system. Donald Trump launched his campaign for president pledging to build a wall and deport immigrants. During his first two weeks in office he issued orders intended to begin implementing his vision for America. An order establishing a travel ban on Muslims from seven majority Muslim nations has had a chilling effect on nearly all foreign nationals living among us as friends, neighbors, classmates, coworkers or family in communities nationwide. Consequently, a New Sanctuary Movement is rapidly gaining momentum among people of faith and moral conscience.
Why get involved as a Faith Community?
Our shared religious ideals call us to affirm and promote the inherent worth and dignity of all people; to seek justice, equity, and compassion in human relations, and to create world community with peace, liberty and justice for all. We commit our values to action as we work together to transform ourselves while creating congruence between our ideals and our actions. Deportation of our neighbors and the breaking up of immigrant families in our communities are among the most compelling social justice issues of our time. Our congregations can make a difference. We can get involved in the New Sanctuary Movement by taking the National Sanctuary Pledge and becoming a Sanctuary Congregation, joining hundreds of others from all faith traditions across the country
What does it mean to be a Sanctuary Congregation?
Principally, it means helping prevent deportation of persons facing an order of deportation, on a case-by-case basis, one at a time, in concert with their legal representation. Participation varies from joining Networks of Protection and Rapid Response teams; Advocating for due process and policies; Accompanying Immigrant families and youth for protection and providing a safe haven. This latter role means hosting or otherwise supporting a person in your facility and possibly their family too, while the person is engaged in legal proceedings intended to prevent them from being deported. We expect the duration of a person’s stay in Sanctuary would be from three weeks to three months. As part of growing coalitions of congregations you would not be doing this alone.
Is a house of worship a safe place?
Historically, churches, schools and hospitals have been classified as “sensitive locations” under the U.S. Immigration and Customs Enforcement (ICE) Sensitive Locations Policy. ICE has not entered any of those venues to take custody of a person facing an order of deportation. However, we should be aware that this could change as the current administration implements its plans. [ICE officials can make entry with a warrant. / J.D.]
How are candidates for Sanctuary vetted?
As a Sanctuary Congregation, you will have a Memorandum of Understanding (MOU) with one or more not-for-profit organizations providing legal services for immigrants in or around your area. That organization, in concert with a person’s lawyer, will decide that the person would be the right candidate for Sanctuary: (1) ICE would not likely consider them a priority for deportation; (2) they are a good candidate for prosecutorial discretion, winning a stay of removal or an order of supervision or some other form of legal relief from deportation; and (3) they would satisfy any other requirements specified in our MOU. Where a candidate meets the requirements, the organization presents the case to the Sanctuary Congregations’ rabbi, minister or Iman and a “Vetting Team.”
What are the risks?
During the last forty years, no congregation has been prosecuted for allowing undocumented people to find shelter in their Church; no person associated with a Church Sanctuary Program has been convicted for offering Sanctuary; and no Church’s tax-exempt status has been affected. In the words of Martin Luther King, Jr., “There comes a time when a moral man [sic] can’t obey a law which his conscience tells him is unjust. And the important thing is that when he does that he willingly accepts the penalty – because if he refuses to accept the penalty he becomes reckless, and he becomes an anarchist.”
Jamie Dedes' THE POET BY DAY Webzine 