Border Support Networks: Migrant Caravans, US Activism and Social Network Analysis
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Rory Flay CONTENTS I. the STORY of THREE WOMEN...231
A SILENT EPIDEMIC: REVISITING THE 2013 REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN ACT TO BETTER PROTECT AMERICAN INDIAN AND ALASKA NATIVE WOMEN Rory Flay CONTENTS I. THE STORY OF THREE WOMEN ..................................................231 II. INTRODUCTION ..........................................................................233 III. AN OVERVIEW OF SEXUAL VIOLENCE IN INDIAN COUNTRY .......237 A. Under Reporting and High Declination Rates ......................238 B. The Legacy of Colonialism, the Effects of Transgenerational Trauma, and its Effect on AI/AN Women .........................240 IV. CRIMINAL JURISDICTION IN INDIAN COUNTRY ...........................244 A. Relevant Indian Law Jurisprudence .....................................245 B. Relevant Federal Criminal Statutes in Indian Country .....248 V. THE VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013 ........................................................................................251 VI. AMENDING VAWA TO PROTECT ALL AI/AN WOMEN ..............256 A. Adding the “Stranger and Acquaintance Violence” Category to VAWA ...............................................................................256 B. Justifications to the Amendments to VAWA .......................259 VII. CONCLUSION ..........................................................................261 230 A SILENT EPIDEMIC: REVISITING THE 2013 REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN ACT TO BETTER PROTECT AMERICAN INDIAN AND ALASKA NATIVE WOMEN Rory Flay* I. THE STORY OF THREE WOMEN I walked down the hall and thought, ‘Oh my God, it has to be me. It has to be my story.’ And that is how Deborah Parker came to tell her personal story of sexual assault to the world. A long-time activist in the fight to protect Native women, Parker had just visited the office of Sen. Patty Murray where she had been told that the Violence Against Women Reauthorization Act of 2012 (known as VAWA), which was on the Senate floor, would probably fail because it “lacked a face.” ‘Something in me just dropped. -
10 Reasons Why Congress Should Defund ICE's Deportation Force
Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 1-1-2019 10 Reasons Why Congress Should Defund ICE’s Deportation Force Kari E. Hong Boston College Law School, [email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Administrative Law Commons, Immigration Law Commons, and the Law Enforcement and Corrections Commons Recommended Citation Kari E. Hong. "10 Reasons Why Congress Should Defund ICE’s Deportation Force." NYU Review of Law & Social Change Harbinger 43, (2019). This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. 10 REASONS WHY CONGRESS SHOULD DEFUND ICE’S DEPORTATION FORCE KARI HONG¥ Calls to abolish ICE, the Immigration and Customs Enforcement agency tasked with deportations, are growing.1 ICE consists of two agencies – Homeland Security Investigations (HSI), which investigates transnational criminal matters, and Enforcement and Removal Operations (ERO), which deports non-citizens. The calls to abolish ICE focus on the latter, the ERO deportation force. Defenders proffer that the idea is silly,2 that abolition could harm public safety,3 or that advocates of abolition must first explain what, if anything, would replace the agency.4 Those reasons are not persuasive. -
Dear Secretary Salazar: I Strongly
Dear Secretary Salazar: I strongly oppose the Bush administration's illegal and illogical regulations under Section 4(d) and Section 7 of the Endangered Species Act, which reduce protections to polar bears and create an exemption for greenhouse gas emissions. I request that you revoke these regulations immediately, within the 60-day window provided by Congress for their removal. The Endangered Species Act has a proven track record of success at reducing all threats to species, and it makes absolutely no sense, scientifically or legally, to exempt greenhouse gas emissions -- the number-one threat to the polar bear -- from this successful system. I urge you to take this critically important step in restoring scientific integrity at the Department of Interior by rescinding both of Bush's illegal regulations reducing protections to polar bears. Sarah Bergman, Tucson, AZ James Shannon, Fairfield Bay, AR Keri Dixon, Tucson, AZ Ben Blanding, Lynnwood, WA Bill Haskins, Sacramento, CA Sher Surratt, Middleburg Hts, OH Kassie Siegel, Joshua Tree, CA Sigrid Schraube, Schoeneck Susan Arnot, San Francisco, CA Stephanie Mitchell, Los Angeles, CA Sarah Taylor, NY, NY Simona Bixler, Apo Ae, AE Stephan Flint, Moscow, ID Steve Fardys, Los Angeles, CA Shelbi Kepler, Temecula, CA Kim Crawford, NJ Mary Trujillo, Alhambra, CA Diane Jarosy, Letchworth Garden City,Herts Shari Carpenter, Fallbrook, CA Sheila Kilpatrick, Virginia Beach, VA Kierã¡N Suckling, Tucson, AZ Steve Atkins, Bath Sharon Fleisher, Huntington Station, NY Hans Morgenstern, Miami, FL Shawn Alma, -
1 October 19, 2020 to the Ceos of Major Global Asset Managers
October 19, 2020 To the CEOs of major global asset managers, banks, and insurers: We, the undersigned group of Indigenous women and organizations, call on your institutions to stop financing, investing in, and insuring the expansion of tar sands oil extraction, transport, and refining, and commit to phasing out support for tar sands oil. These measures should encompass both projects and the companies that build and operate such projects. The tar sands sector poses grave threats to Indigenous rights, cultural survival, local waterways and environments, the global climate, and public health. Furthermore, this year saw a significant set of losses in the oil and petroleum sector, and no subsector has had a worse financial prognosis than tar sands oil. The destructiveness of tar sands has been well-documented, and the sector’s growth has been inhibited by legal challenges, financial uncertainty, and grassroots resistance. Though governments and corporations are still calling for the expansion of the tar sands, current tar sands production is restricted by a pipeline bottleneck, which means that the future of increased tar sands extraction depends on three pipelines. With fossil fuel corporations plowing ahead with pipeline construction in the midst of a global pandemic and massive financial meltdown, we urge your institutions to immediately decline any support for TC Energy’s Keystone XL pipeline, Enbridge’s Line 3 pipeline, and the Canadian government’s Trans Mountain pipeline – and to cut ties with these tar sands projects and companies. At this moment, tar sands extraction and construction poses major risks to the health of communities and workers due to COVID-19 transmission. -
FOR IMMEDIATE RELEASE April 29, 2015 10:30 A.M. by NADINE ARAGON/RED NATION MEDIA LOS ANGELES, CA
FOR IMMEDIATE RELEASE April 29, 2015 10:30 a.m. By NADINE ARAGON/RED NATION MEDIA LOS ANGELES, CA - CALL TO ACTION: Stereotypes harm Native women, who have the highest rates of rape and murder in the country, address Adam Sandler's satirical Western film "The Ridiculous Six" (R6). Native Women in Film & Television (NWFILMTV) has formed a Board of Trustees to help the film industry address situations like R6. When a group of American Indian actors walked off the set of an Adam Sandler movie last week, Native Women in Film & Television decided it's time for a Call to Action! At this point it's not about who walked off the set and who stayed-it's about the script and the effect it will have on our Indigenous people, Native youth and Native women. Award-winning director, producer, actress and festival founder, Joanelle Romero (Apache/Cheyenne Nations/Sephardic Jew), founder of Native Women in Film & Television, formed the group to address situations regarding these kinds of issues within the film industry. Romero's mother Rita Rogers (Apache actress) costarred in "The Magnificent Seven Ride", the last of four features from the saga "The Magnificent Seven". Adam Sandler's "The Ridiculous Six" is a satire based on "The Magnificent Seven". "Adam Sandler's R6 movie depicting a Native American woman urinating while smoking a peace pipe is 'unholy,' it's like if we were to make a film and place the Torah on the ground and pee on it" stated Romero, "It's an act of 'desecration," as I am a sun dancer and the Chanupa is a sacred pipe that we pray with, it's a sacred way of life for our people". -
Government Shutdown Crippled Parts of Indian Country Native Americans Disproportionally Suffer More During Historic Federal Impasse
VOLUME XV ISSUE 1 JANUARY—2019 Government Shutdown Crippled Parts of Indian Country Native Americans disproportionally suffer more during historic federal impasse The federal government shut- especially those in rural areas. The Native people in Schurz down which stretched to 35 “We don’t have funds are representative of the pain days has shaken the lives for burial costs,” Amber Torres, felt in the majority of Indian of everyday people across the the Chair of the Walker River County as at least one-fourth country, from federal prisoners Paiute Nation told Nevada of Native Americans live to low-wage government work- Governor Steve Sisolak. “This in poverty, the highest poverty ers, but there is one especially shutdown is a major hardship rate of any racial group in the vulnerable population in times because we can’t bury our U.S. like these: Native Americans. loved ones.” On many reservations, Most Indian Tribes have only On Jan. 23, Governor Sisolak including some in the Great recently begun to prosper arranged a meeting with Tribal Basin, unemployment exceeds economically after nearly three leaders to discuss the effects 40 percent. centuries of oppression and of the government shutdown Tens of thousands of Native efforts by the federal govern- on Nevada Tribes. Continued On Page 4 ment to annihilate them. They face two challenges that particularly apply while United States President Donald Trump continued to demand his border wall: Many Tribal members are poor, and many Tribes are dependent on federal programs to provide basic services to their members. At the Reno-Sparks Indian Colony, federal contracts and grants make up just a small percent of the Tribe’s general fund. -
Purpose Statement the Purpose of This Briefing Note Is to Examine The
BLACK HEBREW ISRAELITES: FROM SOFT VIOLENCE TO KINETIC ACTION Date: December 10th, 2019 Disclaimer: This briefing note contains summaries of open sources and does not represent the views of the Canadian Association for Security and Intelligence Studies. Purpose Statement The purpose of this briefing note is to examine the escalation to violence of Violent Transnational Social Movements (VTSM), specifically the Black Hebrew Israelites (BHI). The BHI is a more than 100-year-old group that has arguably been in the political background for the past two decades and appears to have escalated from using soft violence tactics to kinetic violence after the Jersey City Deli Shooting. This briefing note primarily focuses on the BHI and their role as a VTSM that uses soft violence and symbolic power as a means to deliver their message. For further information on VTSMs, please visit the Canadian Centre for Identity-Based Conflict. Security Problem The BHI movement, despite being over 100 years old, has infrequently been publicly studied or reported on for the past twenty years. However, they have now moved into the forefront of the conversation on VTSMs. This is because the BHI arguably uses soft violence and symbolic power to spread their messages. On January 18th, 2019, tensions were inflamed between three groups with distinct identities. The BHI appeared to have used racial slurs based on identity and social hierarchy against the Covington Catholic School boys that were wearing “Make America Great Again” hats (Chappell, 2019). On December 10th, 2019, a shooting in Jersey City resulting in four deaths was allegedly linked to CASIS Vancouver Page 2 the BHI through police investigation. -
Congressional Record—Senate S2782
S2782 CONGRESSIONAL RECORD — SENATE March 5, 2009 OMNIBUS APPROPRIATIONS agency. They do not have the budget. that allow Federal agencies to have the Mr. CARDIN. Mr. President, I take They do not have the expertise. And, best information before they take ac- the floor in defense of one of our most quite frankly, they have a different tion on their projects. It is what we successful environmental statutes. mission. So the impact of this regula- should be doing. It does preserve the di- Since its nearly unanimous passage in tion could have a devastating impact versity of wildlife in this Nation. It 1973, the Endangered Species Act has on the protection—legitimate protec- maintains the leadership of the United protected nearly 2,000 species from ex- tion—of wildlife. States on these types of issues. It is tinction. That success has contributed Now, some of my colleagues argue the right policy. We should go through significantly to the economic benefit of that requiring consultation with inde- regular order when we change it. The this Nation. According to a study by pendent scientists will slow infrastruc- Bush administration did not do that. the Fish and Wildlife Service, wildlife- ture projects funded through the re- They did this as a last-minute gesture related recreation—meaning hunting cently passed American Recovery and of the Bush administration. Let’s re- and fishing and wildlife watching—gen- Reinvestment Act. But let me remind store the status quo, and then let’s erated more than $122 billion in rev- my colleagues that the projects that look at the normal regulation process enue in 2006. -
Native American Elder Offers to Meet and Dialog with Students, Community, and Catholic Leaders After Racially Charged Confrontation with Boys from Catholic School
Contact: Daniel Paul Nelson Lakota People’s Law Project 831-406-0349 [email protected] Native American Elder Offers to Meet and Dialog With Students, Community, and Catholic Leaders After Racially Charged Confrontation with Boys from Catholic School Omaha Nation elder Nathan Phillips gained sudden and unwanted fame after a YouTube video went viral showing him being mocked by a group of Catholic high school students wearing MAGA (“Make America Great Again”) hats while he was singing a traditional Native song at the conclusion of the Indigenous Peoples March at the Lincoln Memorial on Friday. Now, he says he’d like to use what occurred as a teachable moment. He’s offering to travel as a delegate representing the international coalition behind the Indigenous Peoples March to Covington Catholic High School in Northern Kentucky and have a dialog about cultural appropriation, racism, and the importance of listening to and respecting diverse cultures. “Race relations in this country and around the world have reached a boiling point,” said Phillips. “It is sad that on the weekend of a holiday when we celebrate the life and legacy of Dr. Martin Luther King, Jr., racial hostility occurred on the steps of the Lincoln memorial, where King gave his ‘I Have a Dream’ speech.” Phillips and others were closing the Indigenous Peoples March with a prayer ceremony in their permitted area when, videos show, two groups without permits—Black Hebrew Israelites and the high school students—began arguing. Phillips said he approached and stepped between the two groups in an effort to quell the burgeoning conflict through spiritual song. -
Why Reorganization-Oriented Abolitionism Won't Meaningfully Change Ice
NOTES SEPARATING THE HANDS: WHY REORGANIZATION-ORIENTED ABOLITIONISM WON'T MEANINGFULLY CHANGE ICE CASEY L. CHALBECK* ªUnder this president, who's now letting us do our job and taking the hand- cuffs off the men and women of the Border Patrol and ICE, arrests are up.º ± Thomas Homan, Former Immigration and Customs Enforcement Acting Director.1 ªAny essential functions carried out by ICE that do not violate funda- mental due process and human rights can be executed with greater transparency, public accountability, and adherence to domestic and international law by other Federal agencies.º ± Establishing a Humane Immigration Enforcement System Act. 2 * Casey L. Chalbeck, J.D. Candidate, 2020, Georgetown University Law Center. I would like to thank the participants of the Administrative Law and Public Administration Seminar, including Kerissa Barron, Ian Bruckner, Matthew Caplan, Gary DePalo, Isaac Hoenig, Alexandra Keck, Mitchell Mengden, Kate Rheaume, Danielle Robinette, Louis Rosenbaum, Julia Siegenberg, and Parnia Zahedi for their helpful comments during the drafting stages of this Note. I owe additional thanks to the editors of the Georgetown Immigration Law Journal for their outstanding work. This project bene®ted from Annamaria Morales-Kimball's intensive and thoughtful engagement, which made every part better. Two people merit special acknowledgment. This piece ± and so much more ± would not have been possible without Professor Eloise Pasachoff's careful feedback, constructive criticism, guidance, and mentorship; I am grateful to be her student. And, ®nally, I am most grateful to Sam Grayck for her commitment to in- tellectual production, willingness to interrogate that which we hold obvious, brilliant ideas, inspiring work ethic, and steadfast support. -
Legal Studies | 2020 Chapter Showcase
LEGAL STUDIES | 2020 CHAPTER SHOWCASE LEXINGTON BOOKS An Imprint of Rowman & Littlefield LEXINGTON BOOKS CHAPTER SHOWCASE FROM THE EDITOR Lexington Books is committed to publishing high-quality legal studies scholarship across the many topics and subdisciplines of the field. Our books transcend disciplinary divides and use a variety of viewpoints to address topics related to law and justice across international borders, communities, cultures, races, identities, and political lines. We offer the most current and premium academic thought in the field for scholars, researchers, and students. The chapters included here highlight compelling and constructive research from some of our recently published titles, ranging from books that examine the impact of social media on not only our legal systems but also our society as a whole to volumes analyzing freedom of speech and the often ignored weight of language. Our legal studies publications are written by diverse and innovative thinkers exploring areas like international law, legal writing, tax law, constitutional law, and Supreme Court jurisprudence. In the spirit of expanding the practice and pursuit of law I am actively working to broaden our focus to include titles on environmental law, socio-legal issues, medical law, immigration and refugee reform, LGBTQ+ rights, and AI in our criminal justice systems. I invite you to publish your next scholarly book with Lexington Books. We publish monographs, edited collections, and revised dissertations by emerging and established scholars, including interdisciplinary and multidisciplinary works. Lexington Books offers an expedited decision-making process, peer review, and a rapid production process to ensure that your research is published quickly. We publish high-quality books with full-color covers and we market our new titles aggressively around the globe. -
César Cuauhtémoc García Hernández
César Cuauhtémoc García Hernández University of Denver Sturm College of Law • 2255 E. Evans Ave. • Denver, Colorado 80208 (303) 871-6442 • [email protected] www.crimmigration.com Academic Appointments University of Denver Sturm College of Law Associate Professor (with tenure) 2017-present Co-director, Immigration Justice Project 2018-present Assistant Professor 2016-2017 Visiting Professor 2013-2016 Courses: Criminal Procedure, Crimmigration Law Seminar, Immigration Law, Torts, and Legal Actors and Institutions Capital University Law School Associate Professor 2013-2016 Assistant Professor 2010-2013 Courses: Criminal Procedure, Crimmigration Law Seminar, Immigration and Naturalization Law, and Torts University of Tulsa College of Law Visiting Assistant Professor Spring 2010 Courses: Criminal Law, and Immigration Law and Procedure Books MIGRATING TO PRISON: IMMIGRATION IN THE ERA OF MASS INCARCERATION (The New Press 2019) § Featured on New York Times, C-SPAN Book TV, MSNBC, NPR, TEDxMileHigh § Reviewed in New York Review of Books (November 5, 2020), Columbia Law Review Online (October 14, 2020), Washington Post (January 23, 2020), The Intercept (December 28, 2019), Texas Observer (December 3, 2019) § Excerpted in Borderless Magazine (November 27, 2019) CRIMMIGRATION LAW (American Bar Association Publishing 2015) § Second edition expected fall 2021 García Hernández | page 1 of 35 Scholarly Articles Criminalizing Migration, Dædalus (forthcoming 2021) Deconstructing Crimmigration, 52 U.C. DAVIS LAW REVIEW 197 (2018) Abolishing Immigration Prisons, 97 BOSTON UNIVERSITY LAW REVIEW 245 (2017) Immigration Imprisonment’s Failures, 36 IMMIGRATION AND NATIONALITY LAW REVIEW 37 (2016) Naturalizing Immigration Imprisonment, 103 CALIFORNIA LAW REVIEW 1449 (2015) Immigration Detention as Punishment, 61 UCLA LAW REVIEW 1346 (2014) § Cited in United States v.