The Immigration and Naturalization Service's (INS) process for denying aliens entry at airports and other points of entry, including the expedited removal and credible fear processes:
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 included a provision--expedited removal--for dealing with aliens who try to enter the United States by engaging in fraud or misrepresentation (e.g. falsely claiming to be a U.S. citizen or misrepresenting a material fact) or who arrive with fraudulent, improper, or no documents (e.g. visa or passport). The expedited removal provision reduces an alien's right to seek review of a determination of inadmissibility decision. The Act also allows expedited removal orders to be issued to aliens who have entered the United States without being inspected or paroled at a port of entry. INS and immigration judges implement the act's provision on the expedited removal of aliens. (Source U.S. General Accounting Office, Public Affairs).
In regards to the above information concerning the Act of 1996, it would be to the advantage of those who are incarcerated within prisons throughout the United States who are aliens to petition the immigration judges who have issued deportation orders as well as those who are awaiting deportation. For those who are not aware of the 1996 Act, it can be located in your law library under the Federal Public Law of 1996 104-208.
Further, the federal government is seeking to record every individual who had been arrested, detained, convicted, as well as those who had been arrested but their arrest was voided, from all Federal, State and Local Agencies.
A "voided arrest" is any arrest resulting in the release of a person without the filing of formal charges, dismissal of proceedings against the person arrested, or a determination that the arrest was without probable cause. An ongoing review by the General Accounting Office, for the number of "voided arrests" originally intended to support the Clear Your Good Name Act, was closed out because of the impract of the September 11 terrorist attacks on the legislative agenda in Congress. They want complete data on the number of "voided arrests", as defined by the Clear Your Good Name Act (H.R. 1154) that occur at national and state levels. Also, the Bureau of Justice Statistics and the state criminal history record repositories generally have data for the arrest disposition categories of prosecutors' declinations and dismissals, and these dispositions can be considered "voided arrests". However, prosecutor declinations and court dismissals occur for many reasons, and obtaining and analyzing data on these would be extremely difficult and time-consuming. For whatever it's worth, one can be certain every individual in the United States will be recorded, whether you have been arrested or not. If you feel that you were falsely arrested and believe that your good name has been restored, it hasn't and never will, according to all that Congress is now doing.
On January 15, 2002, Prime Minister Jean Chretien announced changes to the Ministry. The Prime Minister welcomed the following new members to the Ministry: The Honourable William Graham as Minister of Foreign Affairs. The Prime Minister also announced the following changes of responsibilities: The Honourable John Manley, previously the Minister of Foreign Affairs, becomes Deputy Prime Minister and Minister of Infrastructure and Crown Corporations, as well as Minister with political responsibility for Ontario; The Honourable Anne McLellan, who was Minister of Justice and Attorney General of Canada, becomes Minister of Health; The Honourable Allan Rock, previously Minister of Health, becomes Minister of Industry; The Honourable Denis Coderre, who was Secretary of State (Amateur Sport), becomes Minister of Citizenship and Immigration. (PMO Press Office)
The Honourable William Graham, Minister of Foreign Affairs, Constituency: Toronto Center-Rosedale (Ontario) - Mr. Graham was first elected to the House of Commons in 1993 and re-elected in 1987 and 2000. He has served as Chair of the Standing Committee on Foreign Affairs and International Trade since 1995. He has also been Vice-President of the Parliamentary Association of Organization for Security and Co-operation in Europe and Chair of the Inter-Parliamentary Forum of the Americas. He has also worked with PD Burma, an organization of legislators around the world concerned about democracy in Burma, and is a member of the Inter-Parliamentary Council Against Anti-Semitism.
As a lawyer, Mr. Graham has been a partner in the firm of Fasken and Calvin (Toronto). He has also been Director of the Centre of International Studies at the University of Toronto, and has taught in the Faculty of Law at the University of Toronto, the University of Montreal and McGill University. A former President of the Alliance Francaise in Toronto, Mr. Graham was appointed Knight of France's Legion of Honour. Mr. Graham studied at Upper Canada College, Trinity College, the University of Toronto (B.A. Hon. and LLB.), and the University of Paris (Doctorate in Sciences Juridiques).
Over the years we have written about prison administrators imposing atrocities on those who are incarcerated with the federal and state prisons throughout the United States. Much more than that, we have noticed over the years, and we specifically refer to the 1994 Federal Crime Bill, which the Federal Government pays to the states, including but not limited to, The State Criminal Alien Assistance Program (SCAAP). We should specify here a particular matter within the State of Michigan: MICHIGAN RECEIVES $17 MILLION IN GRANTS FOR ITS VIOLENT OFFENDER INCARCERATION/TRUTH IN SENTENCING PROGRAM.
This report which was recorded on October 6, 1999, stated as follows: Michigan will receive approximately $17 million in federal funds under the Violent Offender Incarceration/Truth in Sentencing (VOI/TIS) grant, Gov. John Engler announced Tuesday. THe $17 million marks the second partof a three-tier program that awards states for keeping violent offenders behind bars for at least 85% of their minimum sentences.
The report further elaborates that in the five-year life of the program, Michigan has received approximately $75 million - putting the state behind only California, New York and Florida in the total amount of money received. This is quite a huge amount of funds footed by the taxpayer.
Relating to the above, in our estimate mentioned in our previous newsletter that California received approximately $124 million, we are speculating that by the federal government granting such huge sums to states, the dehumanizing factors are set in place. How can the governors of these states, as well as their legislators in office, including the Director of Prisons, justify such huge pay increases.
Every year, hundreds of thousands of people go to the United States from other countries, including Canada. Some are drawn by the promise of freedom and advancement, others arrive because they are seeking asylum from persecution in their homeland. Regardless of their motives, more and more immigrants are being detained oncethey reach the United States. Over the past five years immigration detention is grown 70%, and U.S. Immigration and Naturalization Services has also begun to rely on private prison companies to house detainees. In 1998, Human Rights Watch released a report detailing the inhumane conditions of these facilities.
We know and understand that thre are lawyers who represent these detainees as well as many activist organizations. But can they do enough? Recently four INS officials have been relocated, and four new appointees have replaced the others. With the change-over, this means that the immigrants who have been detained will continue to be detained for years to come. Dehumanization by the United States government is in progress...Christ stated it as plain as day: "Let he who has not sinned, cast the first stone". In these circumstances, it appears at though there are not any who have sinned.
NEEDING TO BE HEARD, Muncy PA. Prison for Women -
"This maximum security prison with 900 plus women that I reside in has many health issues. The medical staff is incompetent...the doctor who is in charge of our infirmary is under investigation...Medication that is life or death is being denied to those who depend on it. I've seen too many die here needlessly...The buildings here are at least 80 years old and have lead-based paint and asbestos. The prison doubles its capacity until they know there's an audit coming, then they remove all the beds so as to come up to code, but once the inspection is over, the beds return with the women..."
Hinton, Oklahoma..."All prisoners should look at the products which they purchase at their inmate canteens, see who manufactures them and their address and write to that company requesting that donations be given to the affected inmates' favourite 501(c)(3) prisoners' rights advocacy group. It's only fair if the inmate supports the company". (Source Coalition for Prisoners' Rights Newsletter, March 2002)
In March 2002, the Southern Poverty Law Center will issue this manual which is written for prisoners who do not have the help of a lawyer. It explains how prisoners can enforce their rights to health and safety, including how to file and to litigate a prisoner's rights lawsuit in court. For ordering information: Southern Poverty Law Center, Attn: Legal Manual, P.O. 2087, Montgomery, AL 36102-2087 (PH: (334) 956-8200).
Dear Subscribers of AICAP/AIFAP...It is with regret that we must inform you of the changes of publishing our newsletter. Beginning with this issue, we will only be publishing and distributing our newsletter on a quarterly basis due to many factors which are beyond our control, and to the rising costs of printing and mailing. We are hopeful our newsletter can be returned to normal in the very near future and we will be advising you through our newsletters of any future changes. We appreciate your understanding in this area.
As noted in this issue as well as prior issues, we have been publishing "The Pampered Prisoner" membership form. Included in this issue is a letter which they affirm their affiliation with AICAP in our recent program of "ADOPT-A-PRISONER". We welcome with open arms the people and staff of ThePamperedPrisoner.com. For those of you who are incarcerated, you can get family and friends to visit their website. It is very well organized, and without a doubt, they are highly caring people. Thank you Pampered Prisoner.
In our September/October 2001 newletter, we mentioned the California Rosenkrantz and Ramirez cases. Concerning the Ramirez case, it is based as well on prior criminal history, whereas the Rosenkrantz is not. Both of these cases have been in favour of both individuals. For those of you who would like to receive a copy of either case or both, please submit your donation of $5.00 payable to A.I.C.A.P. to our office headquarters in Toronto.
A.I.C.A.P. NOTE: The following is a letter from our volunteer investigator in California, which we are printing in part concerning the Rosenkrantz case:
"Here is the Rosenkrantz decision. As you can see, the Superior Court's ruling was affirmed. It is a great victory, although the Court of Appeal did not reach the issue of the Governor's no-parole policy. However, the judgement was affirmed, and Judge Gutman did make those findings. I'm not sure what it means, but I will seek the answer. I obtained a copy of the slip opinion and as such, the case has not yet been assigned a law book cite that can be used, but it will be forthcoming. We still have to wait to see if the Governor appeals to the California Supreme Court, and my friend the Legal Beagle is of the opinion that he will and the Court will accept it for review because it is the Governor.
This was a majority decision, two concurring and one dissent. I have not included the dissent or Vogel's response to the dissenting opinion because it is an additional 40 pages! As you can see, I typed the 23 pages of the controlling opinion, and I am not going to type out the other 40! Later I will send the entire document, when I get another copy.
Anyway, we have to wait and see what the Supreme Court has to say about it, and we won't know for another month or so. The Legal Beagle says the Attorney General can't apply for 30 days, and then they ahve a 10 day window to apply for a hearing. The Court then takes month or two to let the AG know whether the Court will hear it or not. Since it was filed (the decision) January 18, the AG can't even apply for 13 more days. The off thing is that the AG didn't apply for a hearing on Ramirez! And Ramirez was as important, at least."
A.I.C.A.P. Note: It is in our opinion that since the California Attorney General did not seek to file and appeal to the California Supreme Court in the Ramirez case, as both these cases are similar in nature, the only difference between the two is the Rosenkrantz did not have a prior criminal record, as that of Ramirez. Both cases have set a precedent for parole hearing date and of the granting of parole for those who are serving life sentences with the possibility of parole. As well, in our opinion, and from the vast amount of information we have received, both these cases fit well for those Canadians and other foreigners seeking transfer to their home countries. Pertinent to these cases, many of our Canadians who have already served way past their minimum sentences, such as 10-15 to life, can now seek redress with the California Board of Prison Terms (BPT), and have a parole date set, which they should have had in the first place several years ago.
On this same note, we have received information from another state regarding transfers. However, at this time this information will treat it only as a rumour, until we receive concrete information. The information we have received relates to our concerns of transfer. Apparently the Governor's Office does not have anyone on staff to review transfer requests. We are not certain in this area, as we wonder perhaps that they are not being reviewed at all, or are just slowly processed as our writer indicates. From many of the letters we have received from this state, the denials that are included somewhat confirms to us that they are not reviewing transfer requests at all. We will keep you posted in this area as well and inform you of the state this is happening in.
The following was submitted to us by one of our wonderful friends and affiliates in Texas:
Crime is: A violation of the state - defined as lawbreaking.
Justice: System determines blame and administers punishment - is a contest between the offender and the state.
Crime is: A violation of people and relationships - creates obligation to make things right.
Justice: involves the victim, the offender and the community - seeks solutions which promote repair, reconciliation and restoration.
Our dear friend in Texas brings up a good point, and one of the letters we have received from Europe is quite unique and fits in well with restorative justice. This person, a woman, can teach so many of us the meaning of compassion and how she has overcome being a victim of crime. In a letter to her, we asked the six questions which we published in our newsletter several months ago. The questions asked were as follows:
1. What have you learned from being incarcerated?
2. What have your learned from having a loved one incarcerated?
3. What have you learned so far from working in a facility?
4. What have you learned so far by volunteering in a facility?
5. What have you learned so far by being a victim of crime?
6. What have you learned so far by being involved with a prisoner?
This woman was a victim of sexual abuse by her teacher when she was a child. At 16, she was also raped by a man and at 19 she was raped by a gang of Hell's Angels. She states that she has survived alone, and with no one to help her. She has gone on in line and incorporated positive things. But the pictures are in her heart and has made her the woman that she is today. She states that it has made her even stronger, free, humble and never giving up, fighting for the right way and the right things. "Perhaps because I know how it feels, I can understand when someone tells me that he/she is a victim of crime. It is not easy to speak with a victim, because my pictures of the past come up. Although it is necessary for understanding".
This woman went on to answer all of our questions, and in particular after learning of her past as a victim of rape on more than one occasion, she responds to our 6th question: "What have you learned so far by becoming involved with a prisoner?" Her response: "I am no court, and I speak of only my own opinion what I think and feel. Many times when I am writing to an inmate, I forget where they are and that they are not free. I have learned patience, learned to send my spirit into them, all my good wishes and feelings with the wind to strengthen others who are far away. I have learned to feel how helpless they are, but also how strong a person can be, as well as how free the spirit is and much more."
This woman certainly deserves our blessings. We can learn a great deal from her. We also asked her about her religious beliefs in our letter. She states: "I have to say that I left the Christian church about 24 years ago and walk my path of beauty in the indigenous spirituality. My belief today is that the grounds of every good "religion" is the same if we walk with love, care and respect in all our relations (and that includes in my opinion all living beings and nature).
To date this woman has a website to help prisoners from all over the world. She provides books and some necessities to those in desperate need when she can afford such things to send them. Further, when we read the information about her, and of our dear wonderful friend in Texas who has provided us with the meaning of Restorative Justice, it causes one to wonder, and understand that every one becomes a victim. The victimizer and the victim. No one is a winner here. WHen people reconcile with each other, then and only then will we see a winner,not one but two and even more. If you have any comments to make, or would like to respond to any of the 6 questions we asked above, then please elaborate on our 7th question as follows:
Those of you who respond to our question, we will not print your name as that is not our purpose. Our purpose is to receive input from all walks of life. We will look forward to hearing from you.
"Shake It Off And Step Up"
A parable is told of a farmer who owned an old mule. The mule fell into the farmer's well. The farmer heard the mule braying or whatever mules do when they fall into wells.
After carefully assessing the situation, the farmer sympathized with the mule, but decided that neither the mule nor the well was worth the trouble of saving. Instead, he called his neighbours together and told them what had happened...and enlisted them to help haul dirt to bury the old mule in the well and put him out of his misery.
Initially, the old mule was hysterical. But as the farmer andhis neighbours continued shovelling and the dirt hit his back, a thought struck him. It suddenly dawned on him that every time a shovel load of dirt landed on his back, he should shake it off and step up. This he did, blow after blow.
"Shake it off and step up...shake it off and step up...shake it off and step up!" he repeated to encourage himself. No matter how painful the blows or distressing the situation seemed, the old mule fought panic and just kep right on shaking it off and stepping up.
It wasn't long before the old mule, battered and exhausted, stepped triumphantly over the wall of the well. What seemed like it would bury him, actually blessed him...all because of the manner in which he handled his adversity.
That's life! If we face our problems and respond to them positively, and refuse to give in to panic, bitterness, or self-pity, the adversities that come along to buy us usually have within them the potential to benefit and bless us. Remember that forgiveness, faith, prayer, praise, and hope are all excellent ways to "shake it off and step up" out of the wells in which we find ourselves.
The following information is from S. Dicks of the above medical coalition. As this is an E mail forwarded to AICAP/AIFAP/AIFCP, we felt it important enough to print in our newsletter.
We now have a chapter of the Jeff Dicks Medical Coalition starting up in Florida, Texas and New Mexico. I thought I'd give you the information on the girls who are busy at work trying to get them going to save lives of the prisoners in their states. And also to see if we couldn't get some of you to ask the prisoners you write if they'd like to beour prisoner state co-ordinator for that prison.
We are now trying to find a prisoner for every prison in the US to be our co-ordinator, to let us know once a month what is going on inside and to send us a report of any medical abuses that they can find out. We will not make their names known or public. This is so we can save lives and maybe stop the medical abuses that keep going on in every prison, with many of them dying for no reason other than they did not get medical care.
You can find the brochure on our website at http://www.jeffdicks.com. Just print out and mail some in to everyone you write. This would help us. If you'd like to join us, and we're hoping this new year to get families and loved ones of those in the prison system to stand up and be counted, to join us. If anyone would like to start a chapter in your state, contact me. The Florida chapter is headed by Tracy Goodman at tracyg41@yahoo.com.
Anyone in that state wishing to join or help Tracy, send her an email. She has set up a separate email list for those in Florida. The Texas and New Mexico chapters are headed by Karla Morrison at karlamore2445@yahoo.com. She also is having an egroup for those states as well. Help us to help your loved one in the prison system stay healthy and alive. Shirley. (Email dated March 7, 2002)
In regards to the above coalition, we believe it is the right thing to do. We are aware of the many medical atrocities that are going on in American prisons. The medical treatment has gotten worse by the states privatizing medical treatment. We have been aware for several years now how bad the situation is and we encourage people to join or participate with this organization. Their coalition address is as follows: Jeff Dicks Medical Coalition, P.O. Box 343, Beechgrove, TN 37018.
Q. Trooper, when you stopped the defendant, wreyour red and blue lights flashing? A. Yes, sir. Q. Did the defendant say anything when she got out of the car? A. Yes, sir. Q. What did she say? A. What disco am I at?
Q. What gear were you in at the moment of the impact? A. Gucci sweats and Reeboks.
Q. Doctor, before you performed the autopsy, did you check for a pulse? A. No. Q. Did you check for blood pressure? A. No. Q. Did you check for breathing? A. No. Q. So, then it is possible that the patient was alive when you began the autopsy? A. No. Q. How can you be so sure Doctor? A. Because his brain was sitting on my desk in a jar. Q. But could the patient have still been alive nevertheless? A. Yes, it is possible that he could have been alive and practicing Law somewhere.
Judge: "Well Sir, I have reviewed this case and I've decided to give your wife $775.00 a week." Husband: "That's fair, your honor, I'll try to send her a few bucks myself."
IF YOU ARE A FOREIGN CITIZEN/NATIONAL WHO HAS APPLIED FOR A TRANSFER IN A STATE OR FEDERAL CORRECTIONAL FACILITY IN ORDER THAT YOU CAN SERVE THE REMAINDER OF YOUR SENTENCE IN A PRISON IN YOUR COUNTRY OF ORIGIN AND, YOU WERE DENIED BY THE OFFICIALS OF THE STATE OR FEDERAL ENTITY, DUE TO YOUR BEING A LIFER OR SERVING AN INDETERMINATE SENTENCE, THEN YOU NEED TO CONTACT A.I.C.A.P. (ALLIANCE OF INCARCERATED CANADIANS IN AMERICAN PRISONS) AT THE FOLLOWING ADDRESS:
A.I.C.A.P. NEEDS TO HEAR FROM ALL FOREIGNERS WHETHER SERVING A LIFE, INDETERMINATE, OR OTHER SENTENCE WHOSE APPLICATION FOR TRANSFER WAS DENIED. YOU NEED NOT BE A CANADIAN. SEND COPIES OF YOUR DENIALS IN ORDER THAT WE CAN MOVE FORWARD WITH OUR LITIGATION ON BEHALF OF ALL FOREIGNERS INVOLVING ILLEGAL PRACTICES IN DENYING FOREIGNERS THEIR RIGHTS UNDER THE PRISONER TRANSFER TREATY.
NOTE: POSTAGE TO CANADA FOR ONE OUNCE IS $0.60. WE WOULD APPRECIATE YOUR POSTING THIS FLYER FOR OTHERS TO VIEW AND PASS ON TO OTHER FOREIGNERS SEEKING TRANSFER.
ISSN 1703-2075
A.I.C.A.P./2002 - Vol.1 No.1.