Friends of Refugees

A U.S. Refugee Resettlement Program Watchdog Group

Archive for the ‘court’ Category

High Incidence Of Fraud Among “Immigration Consultants” Hired By Refugees

Posted by Christopher Coen on February 8, 2012

In Utah a bill to regulate non-attorney “immigration consultants” to address the high incidence of fraud in the immigrant community advanced to the full Senate Thursday. Predatory practices are well-known among the refugee community. An article in Deseret News has more:

SALT LAKE CITY — A bill to regulate non-attorney “immigration consultants” and prevent predatory practices in the immigrant community advanced to the full Senate Thursday afternoon…

Sen. Luz Robles, D-Salt Lake, said she introduced the legislation to address the high incidence of fraud among “immigration consultants” hired by refugees and undocumented residents to assist them with immigration matters such as filling out immigration forms.

SB144, which was heard by the Senate Business and Labor Committee, would require consultants to register with the state Division of Consumer Protection, undergo criminal background checks and post bonds. It also creates a complaint process for people who have been defrauded.

“This is to prevent predatory practices that are, unfortunately, well-known among the refugee and immigrant communities,” Robles said…

One non-attorney consultant was so brazen that she started appearing on behalf of clients in immigration court, Tarin said.

She persisted until the Utah State Bar obtained an injunction to prevent her from practicing law without a license. Criminal charges were also filed, but the woman fled the state.

“Since then, 20 to 25 people have taken her spot,” he said… Read more here

Posted in court, immigration services, legislation, Utah | Tagged: , , , , , , , , | Leave a Comment »

Justice Leads a Young Man to Help/Heal His Community

Posted by Christopher Coen on December 12, 2011

A story from our friends Down Under about the healing power of justice involving a Somali refugee gives us a hint of the world we could create if  justice was an actual priority. An article in The Age tells the story:

…It was Valentine’s Day 2007 when Dini was hit in the mouth during an incident between police and some African youths. As well as damage to three teeth, Dini copped a cluster of police charges that included affray, assault and recklessly causing injury.

What irony – he had avoided the violence that plagued his six years in a Kenyan refugee camp only to be hurt in the family’s safe haven...

…Initially I was really angry – why would the police charge me? I was so stressed, I knew I had done nothing wrong but a lot of friends told me the court system would not work. So there was a tear in my eye when the judge said I was not guilty. I sat back in my chair. It was the biggest relief in my life.”

A dentist could fix that broken tooth, of course, and Dini had intended to have it done but now he sees it almost as a badge of honour. “This makes me Ahmed Dini now,” he says, “the man with the gap in his teeth. The thing that fixed my heart, that fixed me as a person, was the court decision, and that’s why I love this country more than any in the world. When I say that, some of my Somali friends ask: ‘are you serious?’ But for me to spend 10 days in court and to hear the judge say: I believe Ahmed Dini’s version of the story, well …”

…Dini completed secondary education in Melbourne and did two years of university before deciding to help young Africans. “There was a lot of trouble in the community, no role models,” he says, “so I decided as a young person I would become the public voice.

”I went to any meeting involving Africans – council, police meetings. African elders were going but not young people. Slowly, but slowly I saw change. Then I got a role coaching the under 13s at the Flemington Eagles, a refugee-based soccer club.”

Last year, Dini formed the Australian Somali Football Association. It held a tournament, which drew 4500 spectators, where eight teams played over six days. The 2011 tournament is at the end of this month and 12 teams will play.

At 24, Ahmed Dini makes an impressive advocate… Read more here

Posted in Australian refugee resettlement prgm, court, democracy, men, mental health, police, Somali | Tagged: , , , , , , | Leave a Comment »

TN Immigrant & Refugee Rights Coalition claims Bedford Cnty has vestiges of “overt racial apartheid”

Posted by Christopher Coen on September 22, 2011

A large painting of General Robert E. Lee hangs inside Bedford County criminal court - the only portrait in the courtroom.

The Tennessee Immigrant and Refugee Rights Coalition (TIRRC) recently released a report entitled “The Forgotten Constitution – Racial Profiling and Immigration Enforcement in Bedford County, Tennessee.” The 16-page report about this rural county, about an hour south of Nashville, alleges that immigrants and refugees face hostility and discrimination from all aspects of the criminal justice system – including the Shelbyville police, the sheriff’s department and jail, and the local court system.

Bedford County is exceptional for its large and vibrant immigrant and refugee communities, who live and work in the rolling hills of this rural county about an hour south of Nashville, Tennessee. Somali and Burmese refugees, Egyptian immigrants, and Latino immigrants are the backbone of local industry, working at poultry plants and on the walking horse farms that make Shelbyville – Bedford’s county seat – famous…

Despite immigrants’ essential economic contributions to Bedford County, they face hostility and discrimination from all aspects of the criminal justice system, which works in close coordination with federal immigration enforcement authorities. Arrests of Latinos have intensified since Tennessee law changed in January 2011 to require jailers to ask arrestees their citizenship and report this information to ICE. Pervasive anti-immigrant sentiment coupled with misinterpretation of the scope of this law has resulted in an ongoing immigration inquisition by local law enforcement that has caused a steep increase in detention and removal by ICE. Suspected immigrants are subjected to racial profiling and increased police surveillance. They are arrested and detained in county jail for minor traffic violations–often unlawfully–in order to facilitate their deportation. Immigrants and refugees are unable to meaningfully access government services and the court system, which means many of them are unable to vindicate their rights. Immigrants are mistreated by ICE officials, who have collaborated with locals engaged in explicitly racially discriminatory practices to entrap, interrogate, and arrest immigrants who clearly do not fit immigration enforcement priorities. Many immigrant victims of crime no longer trust law enforcement to protect them… To be an immigrant or refugee in Bedford County is to be treated with suspicion or outright hostility by one’s own government, whose offices still exhibit vestiges of the overt racial apartheid of years past…

…Immigrants are targeted at disproportionate rates by officers of Bedford County law enforcement agencies, particularly the Shelbyville Police Department, as a pretext for making arrests that will enable jailers to contact ICE… Local law enforcement agencies’ patrols, traffic stops, and arrests demonstrate a pattern of treating Latinos and other immigrants in a discriminatory manner…

…Immigrants face discrimination in booking and detention procedures at the Bedford County Jail, which is administered by the Bedford County Sheriff’sDepartment and Sheriff Randall Boyce… Immigrants are more likely to be held for long periods of time for minor traffic violations and to be held unlawfully without bond or after posting bond as a “courtesy” for ICE when there is no ICE detainer. Since January 2011, the unlawful practices of the Bedford County Sheriff’s Department have resulted in as much as a tenfold increase in the number of immigrants detained for ICE – all at the expense of Bedford County’s taxpayers. ICE has initiated deportation proceedings against most of those who have been unlawfully detained…

…A large painting of Confederate General Robert E. Lee hangs above the main doorway just inside the Bedford County criminal court, and is the only portrait in the courtroom. There is little justice here for immigrants who walk through these doors, in the shadow of that disciple of state racism and white supremacy…

…Immigrant criminal defendants assigned to the public defender are often not advised of the immigration consequences of a criminal conviction... Recommendations by defense counsel to plead guilty have jeopardized the ability of some long-standing community members to qualify for cancellation of removal or other immigration relief. Finally, some court-appointed attorneys have apparently charged indigent Latino clients for court appearances, despite the fact that these defendants are charged attorney fees by the probation office for the exact same representation and court appearances… Read more here

Posted in ICE, Burma/Myanmar, Somali, police, secondary migration, refugee, unwelcoming communities, court, poultry production, xenophobia/nationalism/isolationism, Murfreesboro/Shelbyville | Tagged: , , , , , , , , , , , , , , | Leave a Comment »

“Refugee roulette” in U.S. asylum courts

Posted by Christopher Coen on August 3, 2011

If you’ve ever been stopped by a cop or had your day in court you’ve probably run up against the problem in which mere mortals, with all their biases and potential for failure, wield enormous power. If they woke up in a bad mood, for instance, the rest of us are going to feel their pain. Asylees face a similar phenomena in our courts in what is known as “refugee roulette”. Some of the judges seem to have almost never heard an asylum story that they didn’t find believable. Others rarely find the stories believable. It turns out that the difficult problem to get around here is the need we have for someone to decide if the asylee’s story is believable – it comes downs to that when actual proof is unavailable. So far we haven’t been able to invent a machine that can make this determination any better. An article in NY Daily News explains how the asylum court works in New York City:

For immigrants seeking asylum, winning the right to stay in the United States is often a game of chance that comes down to one thing: which judge hears their tale.

A report out this month shows two New York immigration judges with strikingly different records on granting safe haven – illustrating what experts call “refugee roulette.”

“One of the most important issues you ask, if they’re in court already, is, ‘Who’s your judge?’” said Zachary Sanders, a New York immigration lawyer.

At 26 Federal Plaza, lawyers hope for Judge Terry Bain, whose asylum acceptance rate is higher than that of any jurist in the nation. From October 2005 through this May, Bain approved 94.5% of applicants, well above the national rate of 46.8%, according to a new report by Transactional Records Access Clearinghouse…

…Judge Alan Vomacka sits in the same court, but he’s accepted just 28.3% of the cases he’s seen…

...Asylum law requires that immigrants prove they are fleeing persecution. They must give evidence or provide a reasonable explanation for why they can’t show proof. And they must be consistent. Some judges are more strict than others about demanding actual documentation. Approval ultimately depends on whether or not the judge believes an immigrant is telling the truth.

“Judges are people,” said Sanders. “You have to put yourself in the position of this person. You have to see things through their eyes, and then you have to decide if they’re lying or not.”

The system has come under fresh scrutiny after Nafissatou Diallo, who accused former IMF leader Dominique Strauss-Kahn of rape, admitted she embellished her asylum application.

“The system is created to give the benefit of the doubt to the asylum seeker,” said Jason Dzubow, a lawyer who blogs as The Asylumist. “On the one hand, it encourages fraud. But how many legitimate asylum seekers are you willing to send back to their countries, where they face persecution, in order to weed out fraud?”… Read more here

In case your tempted to think that it all evens out, by allowing individual judges of various backgrounds to use their own education and experience in deciding someone’s fate, for the judge who believes almost every asylee it means that crooks and schemers get through – not good for us. Then for the judge that almost never believes the asylees, we end up throwing good people back to the wolves in their countries — definitely not what America is all about.

So, why don’t we have panels decide these cases, e.g a panel of three judges? Wouldn’t that help to even-out judges using their personal education and experience in determining truth? If justice is the goal, this might get the best results.

Posted in asylees, court, Dept. of Justice, reform | Tagged: , , , , , , , , , , , , , , , | 3 Comments »

Refugee parents find themselves in morass when key facts are lost in translation; then buried in bureaucracy

Posted by Christopher Coen on June 13, 2011

The Roanoke Times has an article about the subject of refugee parents trying to deal with the system when their children are suffering from a disorder – in this case Attention deficit hyperactivity disorder (ADHD). ADHD is a problem with inattentiveness, over-activity, impulsivity, or a combination, affects about 3 – 5% of school aged children, and specialists diagnose it much more often in boys than in girls. Depression, lack of sleep, learning disabilities, tic disorders, and behavior problems may be confused with, or appear with, ADHD. Most children with ADHD also have at least one other developmental or behavioral problem, and may also have another psychiatric problem, such as depression or bipolar disorder.

In the case illuminated in Roanoke the system (county social services, county attorneys) compounds the problem via their inability or unwillingness to competently manage the cultural and language barriers that new Americans have, and the power that refugee children with behavioral health issues can have. (This is yet another reason that adults should not use minors as interpreters – not only can a minor manipulate the communication but, more importantly, acting as a go-between with adults often places undue stress on a minor). In this case no amount of warning and explanation to county social workers did the slightest good — officials simply blamed the messenger — a community volunteer — because her style/approach didn’t satisfy them.

Melva Belcher is a formidable school administrator, determined and unafraid to forge her own path. When low-performing schools get into trouble, she’s often the go-to taskmaster to whom Roanoke City Public Schools turn to shake things up.

As principal of Westside Elementary School, it’s what she did in 2006 when she first encountered the likes of 10-year-old Ibrahim Kromah, a troubled refugee from war-torn Liberia who came to the United States angry and determined to wreak havoc wherever he went, fighting at school, showing disrespect to his mother at home — and even stealing the money she’d put aside for rent.

Belcher put him on a rigid discipline plan, and she visited regularly with his mom, 44-year-old Makagbe Toure, with whom she became friends.

But Belcher has been stymied by what happened to the family once Ibrahim left her school. She’s found herself face to face with a system that even she can’t stare down.

Now 64 and a semiretired administrator on assignment, Belcher watched powerlessly as Ibrahim bounced from his home in the Indian Village public housing project to four different foster-care homes in the region before finally landing, in January, at Keystone Newport News Behavioral Health Center, a residential mental-health treatment center for teens…

…This is a story about the morass that immigrant families find themselves in when key facts aren’t just lost in translation; they’re also buried in bureaucracy…

…Most service providers are well-meaning, added Liberian-born Danielle Taana Smith, a Rochester Institute of Technology sociologist who studies refugee assimilation. “But they lack cultural understanding.”

What Taana Smith used to hear murmured occasionally, she now perceives as a steady drumbeat: “People are saying they were better off in the refugee camps because they may not have had much, but they had hope.

“Now, they’re realizing it’s easier to escape from a refugee camp than it is from an urban ghetto,” she said…

…the situation exploded in August 2009 when Toure thought she was signing paperwork to have Ibrahim placed at Sanctuary, the crisis intervention facility for youth.

Because interpreter services weren’t provided at that time, it wasn’t until later that she learned she had actually signed away her custodial rights, Toure said. She also didn’t realize that she’d been charged with abuse and neglect at the same time — until she was terminated from her school housekeeping job following a background check, she said.

“They said I hit him,” Toure said. “I didn’t hit him, but we always argue, and he always threatens to call his caseworker.”

The situation so angered Belcher, who had become like a mother to Toure — opening her mail and taking her to doctor appointments — that she hired lawyer Onzlee Ware to represent Toure. (The case is currently being reviewed by a regional social services administrator.)

Thus began the shuffling of the boy amid four different sets of foster parents, all of whom complained about the same disruptive behaviors that his mother had, according to documents provided by Belcher and Toure.

While cases involving legal action always require interpreters, Department of Social Services Director Jane Conlin said it’s not always clear during home visits when an interpreter is needed. As for immigrant parents communicating with social workers, she added: “I think it’s more difficult when parents may not speak English and where there may be some fear in general of the government… Read more here

But what about the basic responsibility that refugee resettlement
contractors and county social workers have to provide interpretation/translation? That probably would have made all the difference in the world in this case. (If it’s not “clear” to officials that an interpreter may be dispensed with, then isn’t it clear that they need an interpreter?) At the end of the day these public servants don’t care because its simply a nuisance to them, and they don’t suffer all the damages that result from this lack of accountability – only the immigrant parents and children do.

Note: 1) Social services working with the courts took away the six children of a Burundian refugee woman in Idaho, also apparently due to lack of interpretation, and bureacratic mistakes and misunderstandings.; 2) Combining poor social work and poor prosecution work with love of power has also driven people from their home countries – causing them to become refugees.

Posted in child protective services, children, Commonwealth Catholic Charities (Virginia), court, foster care, language, Liberian, mental health, teenagers | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

A day in the life – a refugee stops in at traffic court

Posted by Christopher Coen on January 25, 2011

Each time I go with a refugee to court I’m going to blog about it, since it’s been a farce each time I’ve gone so far.

Today was a stop at a municipal traffic court. Well, they scheduled it for last week but we all got there — the city even subpoenaed two witnesses and those two took time off from work — and they announced that there was no interpreter, as the refugee had requested. Today we were all back in court and  once again they announce that there is no interpreter, again with two subpoenaed witnesses who are missing work. At this point the judicial referee seems to be determined to go ahead with the hearing by whatever means necessary.

I sit down next to the refugee gentlemen at one of the tables and the judicial referee asks the refugee if I am there to help with interpretation. He misunderstands and says that yes I am. I then tell the refugee that no, I am not there to interpret. The judicial refugee invites me to go back and sit down in the gallery. Back I go.

The judicial referee starts in on the refugee with the usual question – “where do you work?” This is a pretext to saying that since he uses English at work that he must be fluent. This refugee happens to be a cashier at a supermarket. Last week the judicial referee implied that a cashier must be able to speak to customers, so must be fluent. Today’s judicial referee is a little more cunning and attempts to demonstrate that the refugee gentleman must know English if he can respond to simple questions, e.g. where do you work?, how long have you been in the US?, are you here with family? The refugee gentleman is barely able to give simple responses after initially not understanding. The judicial referee then announces that he would be going ahead with the hearing.

Witnesses are called and we find out that a mini-bus collided in an intersection with the refugee’s car, hitting the car in the driver-side rear-door and slamming the car out of the lane and up against a light pole. A witness claims the refugee ran a red light, but the refugee insists he had a green light and the mini-bus hit him at high-speed after running a red light. Throughout the hearing the refugee often doesn’t seem to understand what is being said. The city rests its case and the judicial referee asks the refugee to add anything or make any last remarks. This being the first time that the refugee is invited to speak, as opposed to asking questions of the witnesses, he now pulls out his opening statement and reads it. I made sure he brought a copy in English as well as Swahili. He reads the statement explaining the entire sequence of events, including that the police officer never asked him for his version of what happened before giving him a ticket for running a red light. The cop said that he gave up after he asked the refugee gentleman a question and the refugee was not able to understand! The refugee also mentions that he requested the driving record of the mini-bus driver in preparation for today’s hearing and found out that the man driver’s license was suspended in another state for failure to appear or post bond. He also notes that the mini-bus driver was cited in this state for driving with a suspended license. The refugee concludes his “opening” statement and the hearing is over.

The judicial referee announces that he finds the refugee guilty of running a red light. He also states that although it’s very common for people to falsely claim they went through a green light that was really red, because they hadn’t looked at it recently enough, that the statement that the mini-bus driver hit his car at a high speed was a LIE! I cringe, The judicial referee gives no reason for claiming that was a lie. (The car’s driver’s side rear-passenger door caved in, but that never came up at the hearing). The judicial referee then gives the refugee the maximum penalty, $20, and says he wishes he could give him a higher penalty since the refugee came to court, took an oath to tell the truth, and then LIED! I cringe again.

We then exit the court room and go to the clerk who tells the refugee that since he already paid a $20 bond, that he can go. The refugee is confused and asks her to repeat, which she does. He then begins searching through his pockets and says, “you mean I have to pay now?” The clerk attempts to explain again but he doesn’t understand, at which point I am able to explain to him that he is free to go since he already paid.

Posted in court, language | Tagged: , , , , , , , , , | Leave a Comment »

Unaccompanied Refugee Minor Program in North Dakota

Posted by Christopher Coen on February 22, 2010

HHS’s Office of Refugee Resettlement (ORR) is asking states that take part in the unaccompanied refugee minors program to take larger number of these children (here) or (here).

The U.S. Office of Refugee Resettlement, which has 700 refugee children in foster care, has asked states to prepare to foster more international refugee children…whose parents either have disappeared or been killed by war or natural disaster. The need is heightened by continuing armed conflicts in Africa and recent events such as the earthquake in Haiti.

“Between all the wars going on and all the (human) trafficking laws that have changed, more children are needing safe homes,” said Sherrill Hilliard, the program manager for the Refugee Immigration & Assistance Program in Washington.

Massachusetts, a state that historically has taken in one of the largest shares of the nation’s unaccompanied refugee minors, has been asked to increase its current share from 93 to 125, said Richard Chacon, director of the Office for Refugees and Immigrants in Massachusetts.

The U.S. Department of Health & Human Services says 14 states and the District of Columbia participate in the federal Unaccompanied Refugee Minor Program: Texas, Arizona, California, Colorado, Florida, Massachusetts, Michigan, Mississippi, New York, North Dakota, Pennsylvania, Utah, Virginia and Washington.

It is not the only way orphaned refugees can find safe haven in the U.S. The Obama administration, for example, recently said it would allow orphaned Haitian children to enter the U.S. temporarily on an individual basis. And some groups, such as the Heartland Alliance in Illinois, help unaccompanied, undocumented children by providing housing and legal representation.

The U.S. program, developed in the early 1980s to help thousands of orphans in Southeast Asia, has aided more than 13,000 refugee children fleeing war, famine and economic turmoil. It remains the most consistent source for refugee children in the U.S., with the assistance of the United Nations.

In 2008, foster homes and related facilities in the United States and 67 other countries took in 16,300 orphans, according to Tim Irwin, the spokesman for the U.N.’s High Commissioner for Refugees. That’s the highest number since the agency started keeping records, Irwin said.

In the U.S., states license foster homes with the help of the Lutheran Immigration and Refugee Services and the U.S. Conference of Catholic Bishops. The federal government reimburses states for all costs of the children’s schooling, health care and related expenses.

This whole issue reminds me of a case several years ago when we helped a Liberian refugee in North Dakota (one of the 14 states that take part in this federal program) who was 17 when she arrived. The girl arrived alone with her 1-year-old daughter after inexplicably being forced by IOM to take a separate flight to the US from the woman who had raised her, who also arrived in Fargo with her children.

She asked her resettlement agency, Lutheran Social Services of North Dakota (LSSND), if she could live with the woman (whom she called auntie) who had raised her in Africa since she was 2-years-old and whom she was coming to join in Fargo. They said no, that she had to live in foster care since she was underage (but she wasn’t really an ‘unaccompanied refugee minor’ just because the IOM had her to take a separate flight to the US! She had been raised by and lived with her aunt for the last 15 years).

They wanted to place her with a white American family who also had male teenage children. Her auntie asked LSSND if she could be the foster-mother, but they said no since was not registered for foster care. The auntie asked if they could help her become certified for foster care. They did not respond. They also said her 3-bedroom apartment was not large enough for her, her five children, plus this 17-year-old girl and her daughter (couldn’t she move to a larger apartment?). At some point during all this the girl, I think after being put in foster care, she turned 18, but by then could not live alone with her daughter as some anonymous person reported that she had taken her daughter outside in the cold without a winter coat on. She said that was not true, and suspected someone from LSSND had made the complaint.

LSSND and their partner foster agency then took the girl and her infant daughter out of Fargo and placed them in the foster family’s home in a small town. She was unable to communicate with the family because she spoke Liberian English, which is almost unintelligible to speakers of American English, and vice-versa. So here she was, forced to live apart from her family and with strangers who spoke a different language.

Now, I guess that this alienating and highly expensive living arrangement could have worked to some extant, if an interpreter was available, and at any time but, of course, an interpreter was not made available.  Worse yet, the girl’s LSSND case worker was only available during limited work hours, and kept her voice mail on all day everyday (this case worker was also a former Yugoslav refugee – former refugee workers being highly touted by the resettlement agencies – yet was completely hostile to the Liberian girl).  There was yet another case worker from the foster care agency working with the foster family. It was a requirement that these caseworkers be consulted to do anything or work out any little problem.

An immediate problem was the family’s 16-year-old teenage boy. The girl said the boy would yell at her, call her a “bitch” and tell her to “shut up”, and open her door and come into her bedroom when the foster parents went out to eat and to the movies, which was every Friday or Saturday night.

She also said that the family regularly refused to even try to communicate with her.  She reported that they would go for long periods of time without speaking to her or trying to respond to her questions and statements. She said that each time she would enter one of the main rooms in the home where the family was, they would then get up and leave. 

The girl tried to complain about all of this but no one could understand her, and the tangled process of calling caseworkers and having them in turn arrange for an interpreter often meant complaints became a long involved and slow process, or went by the wayside entirely.

One of the only escapes from this unbearable situation for this Liberian refugee was to occasionally go to her auntie’s house for a visit. Yet even this required a process of coördination by various caseworkers, the foster parents, and her aunt. After getting the okay to go home to her aunt’s for a weekend to celebrate her 1-year-old’s birthday, her foster-mother suddenly told her on Friday evening that she would not be allowed to go. When she complained that she already had permission from her caseworkers and arrangements had already been finalized, her foster-mother told her that the case worker said she couldn’t go, and that no, she could not call the case worker to confirm that.

She tried to call anyway, but of course once again only got voicemail, and the foster-mother did a redial on the phone to see who she had called. Infuriated that the refugee girl had disobeyed her, the girl said the foster-mother screamed at her. She said that the foster-mother shouted “I don’t want to see you anymore!” and “you and your daughter get the HELL out of my house!” 

A confrontation then ensued with the girl and the foster-mother screaming at each other, and the mother called the police. The police arrived and demanded to know what the girl wanted to do (they never bothered to call for an interpreter). She said she wanted to leave and go to her aunt’s home. The police said okay (even though the only way back to Fargo would be on foot in subzero temperatures), but demanded that she first put her 1-year-old daughter down. She refused. She said the police then forcefully pulled the child out of her arms and knocked her to the ground. She said they then handcuffed her, arrested her for disorderly conduct, and took her to jail. By the way, they never put in the police report what she said had happened, only the foster-mother’s version.

We helped her aunt to bond the girl out of jail, and found her extremely withdrawn and depressed, and worried that her 1-year-old daughter had remained behind in this foster home where she felt she was not safe (she described how one time the foster mother had come home drunk from the movies and accidentally fell down on the garage floor with the 1-year-old in her arms).

Rather than making a bad situation better, the district attorney then decided to go ahead and conduct a full trial against this Liberian refugee girl for the crime of “disorderly conduct”!  The foster-mother also came out with a story that the Liberian girl had threatened to get a gun and said that the family would “not sleep [that] night”. It wasn’t clear how she claimed to understand that since the girl only spoke Liberian English.

The decision to hold the trial, once again at great public expense, also offered the opportunity for the agencies to continue to keep her separated from her young daughter until the trial was over. She kept asking that her daughter at least be placed in a different foster home, but nobody would respond to the letters we helped her to write to LSSND, the foster agency, the North Dakota government oversight agencies, the State Attorney, and a ND government agency’s “regional ombudsman”.

At the trial the foster mother admitted that she knew that the Liberian refugee did not have a gun, so could not make good on a supposed threat to keep the family awake. In addition, the language barrier made it plain that neither the girl nor the foster family were really able to communicate. (She spoke the Gbazon dialect of Krahn – a Western Krahn dialect from Liberia — but also understand most of Liberian English, and some American English, but not all words.)

The judge of course threw the charges out. We don’t know for certain what all of his reasonings were – it may have involved just about anything, e.g. maybe a witness suddenly failed to cooperate — but it seems clear that there never should have been a trial.

The girl also told us that LSSND and it’s partner agencies went about making many false allegations about her to other agencies and people in the community, saying that she was of “low intelligence” and “mentally ill”, when in fact she just had problems communicating with them. It’s hard to imagine the frustration of not being able to effectively communicate with any of the Americans she dealt with surrounding all the problems she was having. 

Although the girl did not have any charges stay on her record, the false arrest does stay there. In addition, the county social services separated her from her young daughter for months, and these experiences were psychologically traumatizing.

In the meantime continue to assign more unaccompanied refugee minors to LSSND. They were never even admonished for their role in this absolutely disgusting case. We wrote to the State Department, ORR, and ND state agencies telling them the details of the case from the girl’s stand point, and they never even bothered to respond to say they would investigate or anything. The refugee is not even considered a stakeholder.

Business goes on as usual with no consequences and no accountability for any of the agencies involved.

Posted in court, EMM, government, HHS, Liberian, LIRS, Lutheran Social Services of ND, North Dakota, ORR, State Department | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »

 
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