February 03, 2017
Are We Still That Nation? The #MuslimBan
DO YOU REMEMBER 9-11?
Of course. Extremists who claimed to be acting as Muslims committed a senseless act of terror. Thousands died. Do you recall what President Bush said about Muslims days afterward?
“The face of terror is not the true faith of Islam. That’s not what Islam is all about. Islam is peace. These terrorists don’t represent peace. They represent evil and war.”
When we think of Islam we think of a faith that brings comfort to a billion people around the world. Billions of people find comfort and solace and peace. And that’s made brothers and sisters out of every race — out of every race.
America counts millions of Muslims amongst our citizens, and Muslims make an incredibly valuable contribution to our country. Muslims are doctors, lawyers, law professors, members of the military, entrepreneurs, shopkeepers, moms and dads. And they need to be treated with respect. In our anger and emotion, our fellow Americans must treat each other with respect.
This is what leaders do. The react with dignity restraint and compassion.
Last Friday evening President Trump signed another in a series of far reaching and xenophobic executive orders. He titled this one: EXECUTIVE ORDER: PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
Make no mistake it doesn’t do that. In fact it does the opposite, while betraying the most fundamental values we hold as Americans
The Order states:
“….the United States should not admit those who engage in acts of bigotry or hatred ….the persecution of those who practice religions different from their own….,”
…and then commences to do that very thing as official policy of our country. Three of the executive orders on so-called “border security” do a lot of things that I find really troubling, but I want to just discuss a single issue: it discriminates against Muslims. The executive order “suspends new refugee admissions for 120 days, and blocks travelers from seven Muslim-majority countries — Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia — for 90 days. Syrian refugees are banned indefinitely.” http://www.npr.org/sections/thetwo-way/2017/01/31/512678699/trumps-immigration-order-is-not-a-ban-on-muslims-homeland-security-chief-says These are all Muslim-majority countries, so clearly the impact will be on Muslims. Then to make its intent even clearer it creates an exception for those who are religious minorities from those countries, a thinly veiled exception for Christians.
I have personally represented Christian asylum seekers for years, and advocated for their rights. I have gone to Immigration court for Iranian, Eritrean, Egyptian, Pakistani and Turkish religious asylum applicants. I know what harm Christians fear in places without freedom of religion. So with that in mind, please know I absolutely OPPOSE a policy of giving Christians preference in refugee admissions. We should continue to follow international law and provide refuge for those fleeing violence and persecution without discrimination.
I was once asked what motivated me to help persecuted Christians. I replied, my motivation wasn’t their faith it was mine. As a Christian I’m interested in welcoming strangers, and that has and will continue to include Muslims, and atheists for that matter.
This preference for Christian refugees is opposed by many Christian leaders because of its discriminatory purpose. https://www.nytimes.com/2017/01/29/us/christian-leaders-denounce-trumps-plan-to-favor-christian-immigrants.html
The discriminatory purpose of this order has been admitted by certain advisors to the administration. According to the Atlantic:
His close adviser, Rudy Giuliani, told Fox News in a live interview that the executive order Trump just signed sprang from a committee Giuliani formed for the specific purpose of constructing a Muslim ban in a way that would pass legal muster! https://www.theatlantic.com/politics/archive/2017/01/what-conservatives-get-wrong-about-the-executive-order/514940/
While the ban is on its face temporary, the head of Homeland Security, Kelly “said for the first time that the some of the restrictions that caused confusion and sparked protests over the weekend could be extended well into the future. ‘Some of those countries that are currently on the list may not be taken off the list anytime soon,” he said.’ “ http://www.latimes.com/politics/washington/la-na-trailguide-updates-1485885194-htmlstory.html
Finally, this executive order makes us less safe. A large group of foreign service professionals have pointed out that bans like this play into the ISIS narrative that the United States is anti-Muslim.
We as a country have welcomed refugees in the past. A few months ago, I was giving a talk, and someone asked me, ‘We have all these people. They are a different religion. They don’t speak English and they have no money. What do we do about that.’ I replied, “If you drive a few miles from here you’ll see miles of Vietnamese restaurants and grocery stores and everything you just said applied to them. Our embrace of hundreds of thousands of Southeast Asians in the aftermath of the Viet Nam War is a great tribute to what our values are as a country. We are still that nation, aren’t we?
– Bill Holston
January 17, 2017
BONUS POST: Fifth Anniversary
On January 17th I observed my fifth year anniversary as Executive Director at Human Rights Initiative. There have been a lot of changes in the last five years, but there are some things that haven’t changed. One of those is how I (and I know all of you as well) feel about the mission of HRI. Prior to becoming the ED, I was a lawyer in private practice, taking pro bono cases with HRI. I wrote my clients this note:
It is with mixed emotion that I leave the excellent lawyers and staff at Sullivan and Holston (where I’ve been for over 25 years) , and I do that only because the work I’ve done with HRI is the most fulfilling work I’ve ever done, I sincerely believe it is my calling to work with this great organization.
I feel exactly the same way today. Well, to be honest it’s even truer now than it was then. Because now I see up close what a great staff we have and just how hard they work for our clients. And I know precisely how valuable and unique our mission is.
There are lots of things that are different today than five years ago, however.
- The sheer volume of our work.In 2012 we had 121 individual clients. Today we have 573. We have 32 affirmative asylum cases and 23 defensive cases.
- Delays and the Backlog. Our cases are taking much longer. In 2012 we were able to achieve decisions in 35% of our asylum cases. This year we saw decisions in 3% of our cases. This is totally out of our control and is based on the backlogs in Court and the Asylum Office. This has serious implications for our clients and in turn for us as an agency.
- Impact on Social Services. At present we have 1.5 staff devoted to social services. Despite this, last year we did 106 education referrals, 174 food referrals, 154 medical referrals, 80 psychological referrals and 252 participants in our annual holiday wish program. Because of delays in cases, we have the challenge of supporting our clients for much longer than we did 5 years ago.
- One positive result of delay is that more of our clients now qualify for work authorizations but that requires a lot of work by our legal assistants. Our great legal assistants do the necessary paperwork for our clients to obtain work authorizations. In 2012 we did 60, this year they did 275.
The Unaccompanied Minor Crisis. In 2014 there were 68,000 unaccompanied minors (mostly from Central America) who were detained by Border patrol. Thankfully HRI was already doing this work, so we were poised to do more. Consequently, in 2012 we had 16 children cases. Today we have 161.
There are other lots of things that have improved. We still have a small staff doing great work. We had 10 employees in 2012, now we have 13. There are three reasons we have been able to keep up with the tremendous growth of our programs:
- Our dedicated staff. Everyone on our staff has the mission of HRI as an integral value in their life and their work ethic shows that.
- Our excellent volunteers. We currently have over 300 volunteer lawyers. We have such great relationships with some of the best law firms in the United States. And we are constantly adding to that list. Some of our lawyers put in hundreds of hours each year helping our clients achieve safe and secure lives in the United States. In addition we had 46 volunteer translators, and volunteer doctors, nurses, counselors, psychologists and many legal and non-legal interns. WE COULD NOT do this work without you.
- Our generous donors. One of the results of the recent election was an outpouring of support. We received donations from all over the United States. We have dramatically increased the number of people who are monthly donors to our program. Some of you, like me, have been donors since HRI opened its doors. And some of you gave your first gift this month. We take EVERY dollar donated to us seriously and try to do the most efficient work possible. If we can get something donated, We Do! Thank you Karbach Brewery, Craft and Growler and Ambiente Wine!
I have so many fond memories over the last five years. The best of all are the smiles on the faces of clients as they hear the good news about their future in the United States or as they are able to be reunited with family members who they have been separated from. Early in my time here I got to see one of my pro bono asylum clients from Ethiopia reunite with his family. That was a good day.
Right now, I’m staring at a photo on my file cabinet. It’s a picture of a 15 year old boy. I recall when he walked into my office in 2014, afraid and given two days by the Judge to find a lawyer. I went to court with him two days later. The photo is of him picking up his green card a few weeks ago. And he’s got big smile on his face. I got to see that. BUT YOU MADE IT HAPPEN!
What Is Your Favorite Holiday?
What is your favorite holiday? Mine is Thanksgiving. Why? Well, in part because gratitude is such a powerful force. And the holiday forces me to spend time thinking about the abundance I have in my life. Holocaust survivor Elie Wiesel once said,“When a person doesn’t have gratitude, something is missing in his or her humanity. A person can almost be defined by his or her attitude toward gratitude.”
Surprisingly, gratitude seems to rise from times of trial. Abraham Lincoln initiated the tradition of a national annual day of thanksgiving with a proclamation in 1863, less than two weeks after the battle of Chickamauga, two of the bloodiest days in American history. He wrote: “The year that is drawing toward its close has been filled with the blessings of fruitful fields and healthful skies.” At the height of the depression in 1933, Franklin Roosevelt said in his Thanksgiving proclamation:
“May we ask for guidance in more surely learning the ancient truth that greed and selfishness and striving for undue riches can never bring lasting happiness or good to the individual or to his neighbors. May we be grateful for the passing of dark days; for the new spirit of dependence one on another.” -Franklin Roosevelt, 1933
Those are hopeful words written the middle of our country’s darkest days.
All of this was recently brought to mind by a photo of a thanksgiving dinner posted by my client Peter on his Facebook page. Peter was a Pakistani Pastor. He was a street preacher. He would distribute Bibles in a public marketplace. This was permitted until 9-11 when the situation for Christians in Pakistan really deteriorated. For his simple acts he and his family were assaulted and threatened with death. Reluctantly he fled. Back when I was a pro bono lawyer for HRI, I represented him in Immigration Court and we won asylum. I recall this case really well. It was the only case my wife Jill ever got to attend. She had never seen a man’s life hang in the balance in court before and it was a sobering thing to experience. Those of you who are volunteer lawyers know that feeling well.
But that’s what we get to do here at HRI. We get to advocate for people, when the stakes are life and death. But, then then years later we get to see that picture of a family enjoying a beautiful meal together. Free to worship as they wish. And like me you are reminded what a privilege it is to be there with people going through that.
I’ve kept up with Peter. He and his wife now live wonderful successful lives. They are all American citizens and LOVE this country. And me….I’m thankful I got to be a part of that. And because you help us here fulfil our mission at HRI, you are too. Happy Holidays.
OCTOBER 28, 2016
Heart of Darkness
When Francis Ford Coppola wanted to write a nightmarish screenplay about the war in Vietnam, he looked for inspiration in Joseph Conrad’s novel, Heart of Darkness. The novel is based on Conrad’s early 20th century experience exploring the Congo. It paints a bleak picture of this beautiful area of the world. He then moved the theme to Viet Nam and created Apocalypse Now
At Human Rights Initiative we have been representing asylum seekers from the Congo for our entire 16 year history. Among my earliest asylum cases in the early 1990’s were asylum cases when the country was still known as Zaire, during the reign of Sese Mobutu, more about him later. What is it about this place that has caused it to experience so much heart ache? These modern human rights tragedies do not spring from the air. There is historical context.
The first use of the phrase, “crimes against humanity”, was by the African American minister and journalist, George Washington Williams, in criticizing the policies of Belgian King Leopold in what was then called The Congo Free State.  The Congo Free State was essentially the personal possession of King Leopold and resulted in the misappropriation of millions of dollars in natural resources from the people.
ED Morel in his book titled Red Rubber detailed the atrocities committed by King Leopold in his exploitation of the people of the Congo region, to obtain the tremendous natural resources of rubber and ivory. These atrocities included seizure of land, torture, dismemberment and systematic killing. Morel, along with Roger Casement began what became one of the earliest human rights campaigns in history: the Congo Reform Movement. This movement contained-one of the earliest uses of photography as a tool in a human rights work, as Christian missionaries utilized early Kodak cameras to record the results of torture. These photos showed the physical scars of torture, and graphically illustrated what King Leopold’s atrocities looked like. In addition, literary figures like Mark Twain and Arthur Conan Doyle brought their talent and notoriety to bear to raise awareness of these atrocities. Most estimates are that millions of Congolese died, in what some have defined as a genocide, although one not widely known. In 1908, as a result of the intense international press, the Congo became a Belgian colony, and known as the Belgian Congo.
The Congo became independent in 1960 after over 50 years of Colonial oppression, and finally held free elections. Patrice Lumumba became the first democratic leader of the new nation, and one of the earliest in sub Saharan Africa. Unfortunately he ran into the reality of Cold War politics.
“A dramatic, angry speech he gave …brought Congolese legislators to their feet cheering, left the king startled and frowning and caught the world’s attention. Lumumba spoke forcefully of the violence and humiliations of colonialism, from the ruthless theft of African land to the way that French-speaking colonists talked to Africans as adults do to children, using the familiar “tu” instead of the formal “vous.” Political independence was not enough, he said; Africans had to also benefit from the great wealth in their soil.” (Hothschild, 2011)
This sort of talk was bound to irritate the European powers. In addition, when the West agreed to Congolese requests for assistance, Lumumba made overtures to the Soviet Union. This sealed his fate. With the acquiescence, if not active support of the CIA, Lumumba was abducted, tortured and assassinated. This created an opportunity for a Congolese Army colonel, Mobutu Sese Seko to seize power. Mobutu became a Cold War ally of the United States. He maintained a firm and despotic grip on power for the next 30 years. Mobutu’s theft of resources was at a vast scale.
“The corruption in Zaire is legendary. The “kleptocracy” has its roots in the nineteenth century Congo Free State: Belgium’s King Leopold II used profits from the export of the country’s extensive natural resources to build a personal fortune — profits extracted under conditions of forced labor that included killing workers and chopping off hands if quotas were not met. Mobutu’s ill-gotten wealth is usually estimated at around $5 billion. Stories about his bank accounts in Switzerland and his villas, ranches, palaces, and yachts throughout Europe are legion, as are wide-eyed descriptions of his home at Gbadolite, in northern Zaire, his birthplace; “Versailles in the jungle,” it is called.” (Berkeley, 1993)
Mobutu maintained power by ruthless means. I personally represented multiple asylum applicants from Zaire, the new name Mobutu gave the Congo. All of them told stories of torture and rape at the hands of the brutal security forces.
A VERY PRESENT PAST
Why would the West tolerate this despot? Our cold war policies and Congo’s vital mineral wealth led us to support what was clearly an authoritarian and hugely corrupt government.
“The tremendous mineral wealth of Shaba, with 80 percent of the world’s cobalt reserves and 20 percent of its copper supplies, helped Mobutu secure international military and financial support. The West, and Washington in particular, also had been using Zaire as a weapons supply and staging area for support of the anti-communist Unita rebel movement fighting the Marxist government in Angola.’ (French, 1997)
With the end of the cold war, Mobutu outlived his usefulness to the West, and aid began to dwindle. In the aftermath of the Rwandan Genocide, Rwandan and Ugandan backed rebel armies invaded Zaire. Mobutu finally was driven from power and replaced by Joseph Kabila, whose son now leads the country. In the resulting instability and war, which has been characterized by widespread and systematic rape, over 5 million people have died.
William Faulkner, the great Southern American Author wrote:
“The past isn’t dead. It isn’t even past”.
This is quite relevant to the Congo. What is the context to the human rights abuses that occur there today? This context includes decades of human rights abuses by European powers, over 100 years of exploitation of the tremendous natural resources, and the active interference with democratic development to further western interests. Does this absolve modern day Congolese from responsibility? No. However, it does mean that the West should be prepared to patiently assist in a meaningful way with the development of this country. Often I see the rhetorical question asked about refugees, “Why is this our problem?” Well other than our obligations under international law and our moral responsibility, there is a certain level of responsibility that flows from the fact that we had a hand in the destabilization of the Congo.
There are many signs of hope. One of my friends, Celestine Musekura’s faith based NGO, ALARM, takes teams of lawyers and other volunteers to the Congo and other African Countries to conduct trainings in ethics and peacemaking. It’s an innovative and wise start and they see a lot of progress.
At HRI, we continue to see a lot of people from the Democratic Republic of the Congo (renamed after the fall of Mobutu). They share some traits: they are educated and passionate people who were willing to risk everything to make their country a free and prosperous country -and for that they are repaid with torture and imprisonment. They’ve left everything behind and have come to the United States because they believed that in the U.S. we stand for democracy and civil liberties. They have much to offer our country, because without exception, they respect the American ideals of freedom and opportunity. And it’s up to us to welcome them with open arms -to prove that we deserve the confidence that they place in us. Let’s earn their respect.
I’ve just scratched the surface of this fascinating and interesting country. I haven’t even mentioned the rich literary and musical culture of the Congo. For instance, Fiston Mwanza Mujila’s book Tram 83 was on the long list for the Man Booker prize this year.
In the Footsteps of Mr. Kurtz: Living on the Brink of Disaster in Mobutu’s Congo by Michela Wrong
King Leopold’s Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa by Adam Hochschild
Dancing in the Glory of Monsters: The Collapse of the Congo and the Great War of Africa by Jason Stearns
Berkeley, B. (1993). The Atlantic Monthly; Zaire: An African Horror Story; Vol 272, No. 2; pages 20-28.
French, H. W. (1999). New York Times International; Anatomy of an Autocracy: Mobutu’s 32-Year Reign; https://partners.nytimes.com/library/world/africa/051797zaire-mobutu.html.
Hochschild, A. (1998). King Leopold’s ghost: A story of greed, terror, and heroism in Colonial Africa. Boston: Houghton Mifflin.
September 30, 2016
These Are Times That Try Men
“These are times that try men’s souls.”
Those words were penned by Thomas Paine during the American Revolution. There are eras where people’s characters are tested and this seems to be one of those times.
When you look back at history, you see many examples of people who went against the tide, against popular opinion and stood for what is right. The New York Times recently promoted a Ken Burns Documentary on PBS about Martha Sharp, a 33 year old Unitarian and her husband. The article is titled, ‘Would you hide a Jew from the Nazis?”
The Sharps made the brave decision to help smuggle Jews out of Germany and occupied France in the midst of what would be known later as the Holocaust. They didn’t know that they would be heroes. In fact, they didn’t know if they would survive, because others lost their lives for lesser actions. However for their bravery they were honored by the Nation of Israel with the title ‘Righteous Among the Nations’.
Martha Sharp returned to France, and journeyed to Vichy to plead for permits (laissez-passer) for a group of children -9 of them Jewish- to leave the country, which she eventually received. On November 26, 1940 this group left France, including the three Jewish Diamant sisters (Amalie, Evelyn and Marianne), and Eva Esther Feigl, all of whom, thanks to Martha Sharp’s efforts, were armed with US visas. Born in Vienna, Austria in 1926, Eva Feigl had fled with her parents in 1938, and arrived in France. Arrested as “enemy aliens,” the Feigls desperately sought ways to leave the country. Luckily for them, the Sharps were able to add Eva Esther to this group of children, and take her out of the country. Her parents stayed behind.
We look back at these stories and call these people heroes -and of course they are! We’d like to think we’d be that brave, but would we really? However, their example is relevant to our present times and our present choices. What are the challenges that try our souls now? One of the first things to come to mind is the plight of people fleeing war and chaos, which has resulted in the so called ‘Refugee Crisis. ‘ History is going to judge how the world, and specifically our nation, the United States responded to this. Sadly, I believe we are going to be judged harshly. Our response to the refugee crisis has been tepid at best. And our governments’ modest efforts to increase the number of refugees we resettle have been resisted and criticized by many. The Governor of Texas recently announced that the State of Texas will be withdrawing completely from Refugee Resettlement program. Edward R. Murrow once said that “We are not descended from fearful men.” I hope we will be able to continue to say that. History is not kind to the leaders who turned their backs on Jews who were seeking to flee the Nazi onslaught, most famously when the SS St Louis was denied entry to Cuba and the United States, which resulted in people who were returned to their death. Are we going to be remembered as those who turned their backs on people fleeing for their violence? Or are we going to be remembered as those who stood up for the oppressed?
“We are not descended from fearful men.”
-Edward R. Murrow
I was asked by a reporter what I thought of the Refugee crisis in Europe. I replied, “a more interesting and relevant question is what is our response to the refugee crisis on our border?”. In 2014 over 68,000 unaccompanied children fled the unrelenting gang violence in El Salvador, Honduras, and Guatemala. They came here for refuge. Our government’s response was the Rocket Docket, where children were handed blank asylum applications and given only days to find a lawyer. It’s the most unjust thing I’ve ever seen as a lawyer. Thankfully, many of you stepped forward and we were able to provide free legal assistance to hundreds of children. This year we watched a lot of those kids get their green cards. But thousands were not so lucky. They went to court unaided, unrepresented and alone. Today our state government turns its back on refugees. There will be history books written about this time. How will we be remembered? Will we be the examples future generations will look at and say, ‘Would we be willing to have done what they did?” I am proud of what we do at Human Rights Initiative. And the only reason we are able to stand on behalf of people fleeing violence is because of you our donors and volunteers. You won’t have to look back with shame on these times. You will know that your souls were tried, and passed the harshest test of all, the test of history.
AUGUST 26, 2016
Freedom Fridays With Bill Holston
Who are the people who have shaped your life? I can think of three people who influenced me towards a passion for human rights work.
I met the first with a seemingly random phone call. I didn’t set out to become a human rights lawyer. I graduated law school in 1981. I hung a shingle and started trying cases. I was representing a client in a court appointed burglary case, with a defendant from El Salvador. I got a call from Brad Ginter, a Mennonite missionary. Brad and his wife were working with Central Americans here. He called to make sure I was doing my job. He asked if I knew about the civil wars in Central America and embarrassed, I said, ‘not really.’ He commenced to tell me about the thousands of Central Americans fleeing civil war from El Salvador and Guatemala -fleeing in hoped of finding refuge in the United States. I then made a single offhand comment that changed my life. I said, ‘If you ever need help, give me a call.’ And he did! Initially I agreed to help obtain guardianship for kids to enroll in school. Later, I took a training in asylum law. My first asylum case was a Guatemalan woman, Martha, whose husband was a labor leader assassinated by a death squad as they took their kids to school. I helped her get asylum, after that I was hooked. Brad worked with a local nonprofit, Proyecto Adelante, and my policy was that once I finished an asylum case, I’d ask for another one. This led me to provide pro bono legal representation for political and religious asylum applicants from twenty different countries. Over the next twenty years. I found my calling.
The second was one of my pro bono clients. A client from Zaire (now the Democratic Republic of the Congo) changed my view of why I did this work. My client had been a pro-democracy activist during the tyrannical reign of Sese Mobutu. This resulted in his arrest. He managed to escape and make his way to the United States. He was lucky to be alive. His wife and children were in hiding in Brazzaville. I assisted this young man to obtain political asylum here. Months later, he showed up unannounced at my office with his wife and children. They were no longer in hiding. Instead, they were making a new life in the United States. He introduced me to them and said, “I wanted to thank you in person.” After he thanked me, I told him rather casually that it was my pleasure. He looked at me, paused, and said, “No, I know what you did for me, you gave me my life.” Then it hit me. It was I who was getting the most out of this relationship. Most people don’t have a career where they get to hear that. Most lawyers never hear something like that. I knew then, at that very moment, that this was the most enriching work I could possibly do. I learned that it was a privilege to represent clients like him.
BETSY, THE TRAILBLAZER
The third was one of the founders of Human Rights Initiative, Betsy Healy. I met Betsy when she was a young associate attorney at a downtown Dallas law firm. Unlike me, she DID go to law school to do human rights work. I was her mentor lawyer for her first asylum client, who was from the Congo. We spent hours on the phone talking through the strategy of how to obtain asylum for her client as well as just encouraging her in her desire to do pro bono work. She won that case! She went on to leave her job (and consequentially, her private law firm paycheck) to found Human Rights Initiative. Her vision, along with co-founder, Serena Connelly, was to do work of compassion with excellence. She established the policy of having very high standards for our lawyers, our volunteer lawyers, and staff. And because of her I was able to do pro bono legal work for the next twelve years, before becoming Executive Director here.
We all stand on the shoulders of others, I know I do. It inspires me to make time for others as they reach out. Who knows how that will end? I am certain that Brad Ginter had no idea the number of lives he would touch because of the inspiration he gave me. And I intend to pass that on.