THE VISITOR. Discussion Guide

Transcription

1 THE VISITOR Discussion Guide

2 ABOUT THE VISITOR SOCIAL ACTION CAMPAIGN The Visitor Social Action Campaign uses the 2008 feature film The Visitor to inspire audiences to learn more about the U.S. immigration detention system and connect them with ways to become involved. In addition to critical acclaim, the film has been embraced by advocates working to achieve policy objectives that reflect respect for human rights and due process. As part of the legacy campaign, Amnesty International USA is working with Active Voice and Participant Media to bring the film to Amnesty chapters across the country and to support AI s most recent immigrants rights advocacy campaign. The Visitor is a Participant Media-Groundswell Productions presentation, released theatrically in North America by Overture Films and on DVD by Anchor Bay Entertainment. JAILED WITHOUT JUSTICE: IMMIGRANT DETENTION IN THE UNITED STATES CAN YOU PLEASE BRING MY DAD HOME? David aged 7 in a letter to immigration court, after not having seen his lawful permanent resident father for over four years. BACKGROUND: In just over a decade, immigration detention in the United States has tripled. In 1996, immigration authorities had a daily detention capacity of less than 10,000. Today more than 30,000 immigrants are detained each day, and this number will increase even further. The detained include mothers and fathers, breadwinners and caretakers, community leaders, human rights defenders and scholars. They build houses and raise other people s children, only to be ripped away from their own. Immigration detention is a crutch that props up a broken, clumsy and inhumane enforcement policy. It is a poor substitution for smart immigration law, and reform of the entire system is desperately needed. STOP ARBITRARY AND PROLONGED DETENTION: ICE will say that the average detention stay is 37 days, but this statistic is skewed. It includes the people who agree to be deported almost immediately after being arrested, and this accounts for tens of thousands of people every year. The reality is that if an individual chooses to fight deportation: because he s a U.S. citizen, he fears persecution, or she is not in fact deportable, the person faces months and years of detention. AIUSA s report, Jailed Without Justice, documented over 100 cases in which individuals were detained for months and years, until they were ultimately found not deportable. These individuals don t get those years back, and the U.S. taxpayer will not recoup the massive cost of these needless detentions. USE ALTERNATIVES TO DETENTION: While Congress has funded alternatives to detention because they have been shown to be effective and significantly less expensive than detaining people, there is concern that ICE is using these funds for programs such as electronic monitoring to supervise individuals who are eligible for release rather than for individuals who would otherwise be detained. Secure alternatives to detention should be considered in all cases, and if some form of custody is deemed necessary, they should be the norm for pregnant women, sick seniors, and nursing mothers. This is not currently 2

3 the case. In fact, in the summer of 2008, Amnesty International launched an action when a nine months pregnant woman was detained and forced to undergo labor while shackled to a hospital bed. An officer remained in the room during the entire labor. There was no reason to believe that this heavily pregnant woman posed a flight risk or a danger. At most, she should have been placed in an alternative program. She was locked up. After hearing from hundreds of AI activists from around the world, weeks later the local jail agreed not to shackle women in labor. ENFORCEABLE STANDARDS FOR THE HUMANE TREATMENT OF DETAINED IMMIGRANTS: Although the Department of Homeland Security has enacted standards for the treatment of people subject to immigration detention, these standards are not legally enforceable and as was reported by Amnesty International, transgressions of the standards occur frequently and with impunity. Despite this reality, in August 2009 the Obama administration declined to independently enact enforceable standards, stating that the current system is functioning well. As anyone who has been detained will tell you, the standards are not working. ENACT LEGISLATION THAT PROTECTS IMMIGRANTS FROM ARBITRARY DETENTION: Legislation that provides a framework for safe, humane and thoughtful detention policy is desperately needed. As the U.S. Supreme Court stated in an immigration detention case it decided in 2001, Freedom from imprisonment from government custody, detention, or other forms of physical restraint lies at the heart of the liberty [the due process] clause protects. (Zadvydas v. Davis, 533 U.S. 678) This truth is not reflected in current U.S. law and policy. Congress should pass legislation to ensure that all immigrants and asylum seekers have access to individual hearings on the lawfulness, necessity, and appropriateness of detention. No one should be subject to mandatory detention. Amnesty International s report, Jailed without Justice: Immigration Detention in the USA, released March 2009, covers these findings in detail. The report is included in your packet. Please review it for detailed findings and key recommendations on page 9. L.N. is 27 years old and was born in Afghanistan. He was 7 years old when he and his family came to the United States as refugees. He was placed in deportation proceedings and held in mandatory detention because of a drug conviction in He began urinating blood not long after, and was experiencing constant fatigue, pain and discomfort. He had to wait a month and a half before he was first seen by a doctor. After nine months, he had yet to receive any diagnosis or treatment. He has filed four grievances about his lack of medical treatment and told Amnesty International that he is so frustrated and afraid that he is considering giving up his claim of citizenship and going back to Afghanistan in order to obtain medical care. He told Amnesty International that he was particularly concerned about his wife and daughter, who will suffer because he made a mistake. There s no life for my wife and daughter in Afghanistan. Amnesty International interview with immigration detainee (identity withheld), June

4 HOW TO USE THE VISITOR The Visitor offers a unique glimpse into the U.S. immigration detention system and the people it affects. The story can serve as a springboard for deeper conversations and it can even be leveraged to move people to action. This guide provides resources for activists to take that next step. Regardless of your level of expertise whether you re a student, an immigrant rights advocate, or a human rights activist who simply believes in fair treatment and due process the stories in this film will prompt you to think more critically about the choices our government makes and how you can act to ensure it lives up to American ideals of fairness and justice. THERE ARE MANY WAYS TO USE THE FILM. THESE ARE JUST A FEW SUGGESTIONS: As a public awareness tool to raise consciousness in your community about detention and deportation and what may be happening in your own backyard. As an educational tool to give high school, college and law students a snapshot of the U.S. immigration detention system. As a recruitment tool to recruit AI volunteers and inspire attorneys and healthcare providers to take on pro bono cases. As an advocacy tool to educate legislators and other decision makers about the importance of upholding due process in our legal system. As an organizing tool to mobilize your campus or community in support of detained immigrants in your area. As a training tool for legal staff, social workers and advocates to understand the plight of immigrants in the U.S. at risk of detention and deportation. TAKING ACTION Educate yourself and others about the history of U.S. immigration policy and immigrant detention by reviewing this guide, reading Jailed Without Justice, researching online, and fi nding out if there is a detention center near you. Visit for testimonials from detained immigrants and their family members. Volunteer your time at a local or national organization that works with detained immigrants or on detention policy. Special skills often needed include pro bono legal services, medical care assessments, translation services and offi ce support. Share your story if you or someone you know has experienced a situation similar to Tarek s. Few people realize that this is happening all over the country to their friends, coworkers and neighbors. Organize a special event at your campus, place of worship or community center to draw attention to the needs of detained immigrants in your community. The event could include a fi lm screening, panel discussion or testimonials from people who have been through the immigration detention system. Advocate for more humane detention policies and due process by contacting your elected offi cials, writing opinion pieces in your local newspaper and participating in AI s core actions. 4

5 WHAT HAPPENED TO TAREK? THE LEGAL PROCESS If Asylum Office had approved, Tarek & Mouna would be granted asylum. Only 19% of applications approved at this point. Tarek and Mouna apply for tourist visa in Syria. Tarek and Mouna fly to U.S. and enter as tourists. Tarek and Mouna settle in Michigan. They both apply for asylum, a process that can take several years. Tarek and Mouna go to Asylum Office to be interviewed and considered for asylum. The Asylum Office denies & refers them to Immigration Court. Tarek and Mouna go to Immigration Court hearings. Immigration judge denies their case. Over 80.2% applicants are denied at this point. Tarek and Mouna appeal to the Board of Immigration Appeals (BIA) The BIA denies both cases. Immigration and Naturalization Service (INS) sends Mouna a bag and baggage letter asking her and Tarek to appear at court to be deported. If immigration judge granted them asylum, they could remain legally in this country. Only 19.8% are granted asylum at this stage. If BIA reverses the Immigration Court ruling, they could be granted asylum or the case could be remanded to the Immigration Court. At the advice of friends, Mouna ignores the letter, and she and Tarek have fi nal removal order. The outstanding removal order goes unnoticed for an unknown number of years, as did many cases like this pre-9/11. Post-9/11: Tarek is apprehended by New York Police when he jumps a turnstile in the subway. Due to his undocumented status, Tarek is referred to ICE and put in detention. Tarek is removed (deported). He is barred from re-entering for 10 years. Mouna returns to Syria, knowing she too will not be able to come back to the U.S. Illegal reentry could mean federal jail time. Even if Mouna marries a US citizen, she cannot obtain immigrant status. 5

6 IS THERE A DETENTION CENTER NEAR YOU? Each black dot on this map represents an immigration detention center. For a more detailed map, including information about nearby community organizations, ICE offices and immigration courts, visit: DAILY DETENTION POPULATION PER YEAR 35,000 30,000 25,000 20,000 15,000 19,533 20,800 27,500 33,000 10,000 5,000 7, For real life stories and testimonials from people who have been detained, go to: 6

7 DISCUSSION QUESTIONS CONVERSATION STARTERS Which of the characters in the film did you relate to most? Why? In your opinion, who is the visitor? In what way is each character visiting? What was the most memorable moment in the film? Why? Think of someone in your life who immigrated to this country. Why did they come here? What hardships has s/he faced as an immigrant in the U.S.? Can you identify human rights violations that may have caused the person to move, and violations that took place after entry into the U.S.? Use Jailed Without Justice and Living in the Shadows, AI s primer on migrant s rights, as resources. Tarek Tarek gets to a point where he becomes extremely reliant upon Walter, even more so than his immigration lawyer. Why is this? How would you feel in Tarek s situation? In the film Tarek never finds out that his mother received and ignored the bag and baggage letter. How do you think he would react if he were to find out? Would he blame his mother? Would you? Zainab When Zainab and Walter first visit the immigration lawyer, he says that just being undocumented is not enough to get Tarek turned over to ICE and that he needs to figure out why he was flagged. Zainab says that Tarek was flagged because he is an Arab. Do you agree or disagree with her statement? What was your impression of the detention center? What did you notice? Is this different from what you expected? What human rights concerns did it raise? What do we as global/american citizens have to gain or lose by providing immigrants and refugees with the right to due process? What are arguments for and against detaining immigrants and refugees in prison-like conditions? Can you think of alternative ways the U.S. government could handle cases like Tarek s? Zainab reveals that when she first arrived in the United States she was held in a detention center for five months. When the detention center was deemed unfit and was subsequently closed she was released along with some of the other women. According to Zainab, none of the men were released. How do you think Zainab feels about this disparate treatment? How does her story compare to Tarek s experience? How do you think her experience shapes the way she envisions Tarek s life in detention? WALK IN THE SHOES OF THE CHARACTERS Walter When Walter asks the immigration lawyer what he can do for Tarek, the lawyer says Visit him. He ll need the company. How do you think Walter s visits helped Tarek? How do you think the visits helped Walter? Walter s reaction to Tarek s arrest and detention evolves over the course of the film. At first he expresses confidence that the whole thing was a misunderstanding and that everything would be fine. Eventually that sentiment develops into uncertainty and desperation. What do you make of Walter s evolving reaction to the situation? What do you think was going on in his head? Have you ever experienced a similar situation? When Walter discovers that Tarek has been deported he responds with displays of frustration and despair. Yelling at the guard, he says, We are not helpless children! What does he mean by this remark? How would you respond? 7

8 THE VISITOR SOCIAL ACTION CAMPAIGN IS A COLLABORATION OF ACTIVE VOICE AND PARTICIPANT MEDIA WITH FUNDING FROM THE OPEN SOCIETY INSTITUTE Active Voice is a nationally recognized non-profit team of strategic communication specialists who use film, television and digital media to spark social change. From grassroots to grass tops; online or big screen; documentary or narrative; independent or interdependent Active Voice works with preeminent filmmakers, funders, advocates and thought leaders to put human faces on the big issues of our times. Since its inception in 2001, Active Voice has built a diverse portfolio of film-based campaigns focusing on a range of issues, including immigration, criminal justice, healthcare and sustainability. Participant Media is a Los Angeles-based entertainment company that focuses on socially relevant, commercially viable feature films, documentaries and television, as well as publishing and digital media. Participant Media is headed by CEO Jim Berk and was founded in 2004 by philanthropist Jeff Skoll, who serves as Chairman. Ricky Strauss is President. Participant exists to tell compelling, entertaining stories that bring to the forefront real issues that shape our lives. For each of its projects, Participant creates extensive social action and advocacy programs which provide ideas and tools to transform the impact of the media experience into individual and community action. Participant s films include The Kite Runner, Charlie Wilson s War, Darfur Now, An Inconvenient Truth, Good Night and Good Luck.,Syriana, Standard Operating Procedure, The Visitor, The Soloist and Food, Inc. Founded in London in 1961, Amnesty International is a Nobel Prize-winning grassroots activist organization with over 1.8 million members worldwide. Amnesty International undertakes research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience and expression, and freedom from discrimination, within the context of its work to promote all human rights. Amnesty International USA (AIUSA) is the U.S. Section of Amnesty International.