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Litigation to Stop Ins Abuse of Salvadoran Asylum Seeker

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Litigation to Stop Ins Abuse of Salvadoran Asylum Seeker Cont'd from page 5 Orantes-Hernandez v. Meese: One such restrictive change added this year, but eliminated by amendment in LITIGATION TO STOP I.N.S. ABUSE June 1987, included a registration process that would have required those eligible to OF SALVADORAN ASYLUM SEEKER sign an affidavit assuring voluntary depar- ture once the temporary protection Paula Pearlman measures were lifted. This amendment In 1981, every afternoon immigration at- El Salvador. Testimony highlighted the was part of a package passed in the House torneys in Los Angeles would be found at lack of a functional judicial system in El Rules Committee that effectively brought the downtown (U.S.) Immigration and Salvador and the failure to prosecute any the bill back to its original intent to protect Naturalization Service (INS) office retrac- Salvadoran government officials or securi- Salvadoran refugees without extraneous ting their Salvadoran clients' "voluntary ty forces for the persecution, including restrictions. departure" to stop a deportation to El death and torture, of any Salvadoran. Salvador. The INS practices in California, Witnesses described the lack of in- Having passed the most difficult hurdles in along the U.S.-Mexico border and else- vestigatory interest and government intent various committees, the bill presently where in the United States led to the filing to pursue human rights abusers in contrast awaits a vote on the Senate floor. Optimis- of a nation-wide class action suit against to the situation in Argentina. The U.S. tic about passage, advocates are currently INS, Orantes-Hernandez v. Meese . ' Government's witnesses testified that the strategizing the House and Senate monitoring of human rights abuses by the versions. Efforts are underway to maintain The Orantes case went to trial before Fed- U.S. State Department is based primarily the integrity of the recently amended and eral District Court Judge David Kenyon in on newspaper accounts in the Salvadoran approved House bill. Los Angeles 1985 and was finally con- press. Extensive State Department cluded in February 1987. More than 75 documentation of abuse by the Salvadoran From a refugee community perspective the plaintiffs' witnesses testified in person and security forces was withheld from plain- bill has been instructive. Throughout the 30 by deposition. The government tiffs on the basis of the state secrets long struggle to see blanket protection for presented approximately 150 witnesses. doctrine. refugee fearing repatriation to El Salvador, we have seen desired protection Plaintiffs, Salvadorans apprehended by Salvadorans presented dramatic testimony measures adopted for others such as Poles, the INS, had been coerced by the INS into about their reasons for fleeing El Salvador: Afghanis, Ethiopians, and others. The ar- signing "voluntary departure" forms to escape from death squad members, tor- gument that temporary humanitarian return to El Salvador. They were deprived ture, and unlawful arrest. Perhaps they or protection has become more of a public of access to telephones and counsel. They their family members had been involved relations/political gesture than safe haven had not been informed of their right to ap- politically in unions, opposition groups, at face value is increasingly evident. ply for asylum under the Refugee Act of religious and charitable organizations; or 1980.~The lawsuit was filed to stop theco- perhaps they were merely opposed to one Myths, by definition, embellish the hopes ercive practices of INS, to prevent future side of the conflict or the other. Their testi- and fears of many. In the case of the abuses and to guarantee that Salvadorans mony became even more compelling when Moakley bill, the hopes of the refugees rights be protected. followed by descriptions of the trauma of provide similar counterpoint to the fears of apprehension by the U. S . Immigration U. S. officials. Such fears are often based The plaintiffs and class members of this Service. In one instance, plaintiff Dora on government-bred myths such as that by lawsuit are Salvadorans who fled from the Castillo described verbal abuse by the bor- providing limited protection to Salvadoran civil war in their homeland, were arrested der patrol agents, demands for signatures refugees we encourage them to stay in the by INS and are eligible for asylum. Salva- on paper with no opportunity to read it, U.S. and that by staying they will, for ex- doran class members are represented by a and threats that she would never see her ample, steal jobs from U.S. citizens. litigation team of public interest lawyers, children again if she refused to sign her These false and intentionally misleading including those from the Central American "voluntary departure." She signed. Other representations, refuted by a number of Refugee Center (CARACEN), Legal Aid ~alvadoranstestified about being told by economist and researchers, create the ef- Foundation of Los Angeles, Immigrants' the INS that they no option in this country fective dividing line between protection Rights Office, National Center of Im- (U.S.) BUT to sign, even after stating that and deportation. migrants' Rights, American Civil Liber- they were afraid to return home. ties Union of Southern California and San Lauren McMahon is the Director of El Fernando Valley Neighbourhood Legal Judge Kenyon ordered the INS (June 2, Rescate, a Central American Refugee service^.^ The attorneys worked coopera- 1982) to provide every Salvadoran Project in Los Angeles. tively for thousands of hours interviewing apprehended in the United States at the and preparing witnesses across the coun- border, or in the interior of the U. S. with a 1. INS statistics, partial FY 1987 October- try. notice of rights including the right to apply May. for asylum, the right to consult with an at- Expert witnesses from Americas Watch, torney, the right to a deportation hearing, 2. A blanket protection measure that the Lawyers' Committee for Human and the right to sign for voluntary depar- provides for withholding of deportation and Rights and the University of Central ture. work authorization pending review of hu- America in San Salvador, testified in Los manitarian conditions in the home country. Angeles about human rights conditions in Cont'd on page 7 Cont'd from page 6 They tend to omit rather than exaggerate their own difficult experiences. Salvado- Even after the injunction was instituted, rans suffer from "frozen shame" for hav- CHANGE OF there was testimony about continued coer- ing survived the ordeal in their country, cion, harassment and misinforming of then fleeing to the U.S. leaving behind LOCATION: Salvadorans by the INS. Salvadorans were loved ones and friends. Consequently, a The Refugee Documentation Project told that it was useless to apply for asylum, Salvadoran may not reveal to an INS agent (RDP) has moved to Suite 2905, that they would "rot in detention", and that hislher fears of returning. Without an Administrative Studies Building, York they would just be deported back to El advisal of rights, Salvadorans may even University. RDP's data base of over Salvador anyway. and sign for voluntary departure, despite 8,000 research items relating to the fact that they are terrified to return refugee issues and situations are available in the Resource Centre Testimony has amply detailed the oppres- home. during the academic year. Please siveness of conditions of detention. The telephone (416) 736-5061, ext. 3639 detention centers are located in remote, A post trial brief in this case was to be filed for further information and schedule. isolated areas with extreme climates. Im- in May, followed by oral argument. Plain- migration attorneys complained about tiff's attorneys requested that the judge or- long delays to see clients, the lack of legal der the immigration service to continue ad- materials, libraries, writing materials vising Salvadorans of their right to asylum available to Salvadorans in detention and and also prohibit INS coercion, including NEW the failure of the INS to provide an ade- misinformation in the apprehension, PUBLICATIONS LIST quate number of telephones. In El Centro, processing and detention of Salvadorans. California for example, detainees had to The court called this case one of the most UPROOTING, LOSS AND queue up to use a short, stubby 'golf important law suits in the U.S. because it ADAPTATION: The Resettlement of Indochinese Refugee in Canada. pencil' for two hours. INS detention revealed the involvement of the United August 1987. Kwok B. Chan and officers at the Port Isabel Detention Cen- States government in El Salvador. The Doreen Marie Indra, eds. Published ter, Texas, give an orientation for all new INS has vowed to take the case to the U.S. by the Canadian Public Health detainees. They offer voluntary departure supreme court if it does not receive a Association, 1355 Carling Avenue, without explaining, and do not describe favourable decision. Those concerned Suite 210, Ottawa, ON, K1Z 8N8. the right to post bond or advise that an at- about human rights and the protection of Price, $12.00. The book brings torney could assist them with deportation legal rights in the United States, and the together papers representing proceedings. Coupled with the coercive world at large, have eagerly awaited the contemporary research on the treatment by INS officers, Salvadorans ex- court's decision. resettlement in Canada of Vietnamese, Laotian and Kampuchean refugees. It perience disillusionment and uncertainty. includes an exhaustive bibliographic Yet the INS officers have testified that [At press date, no decision had been survey of Canadian research in there is nothing wrong with their practices. rendered following the completion of the Indochinese communities and original oral argument on August 31, 1987. Ed.] photographs. While the INS internal policing mecha- nism is designed to function by INS Paula Pearlman is a Staff Attorney at the MULTICULTURALISM AND THE officers and agents reporting on miscon- Sun Fernando Valley Neighbourhood CHARTER: A Canadian Legal duct observed, subsequent.
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