“A lot of girls cry. They have thoughts of cutting themselves,” a 14-year old Guatemalan girl told a Reuters reporter in June. “I feel asphyxiated having so many people around me. There’s no one here I can talk to about my case, or when I’m feeling sad. I just talk to God and cry,” said another teenage girl from Honduras who was held in the Dallas convention center with 2600 other kids.

It gets worse when you read press reports written over the summer. Kids in custody reported spoiled food, no clean clothes, sleeping on cots under glaring lights, drinking spoiled milk when there isn’t water. According to The New York Times a military base in El Paso detained youth who said they’d gone days without showering while in Erie, Pa, lice were rampant. In June roughly 4,000 unaccompanied children were being held by the Department of Health and Human Services (HHS), a step up from ICE detention, but still in facilities where press is not permitted.

No one denies that growing numbers of immigrants seeking asylum in the U.S. present a difficult problem. The Biden administration understands and has worked to alleviate the suffering. Still, the incarceration of children is inhumane. As Leecia Welch, a lawyer at the National Center for Youth Law, told The New York Times in June, “Thousands of traumatized children are lingering in massive detention sites on military bases or convention centers, many relegated to unsafe, unsanitary conditions.”

That’s why there is growing outrage about the continuation of Title 42 as a deportation mechanism, used to keep immigrants out of the country by Donald Trump. President Biden promised to end it but is now allowing it to remain in place indefinitely.

In a letter to the White House over 100 groups urged the president to rescind Title 42 expulsions charging that it violates U.S. refuge law and treaties and endangers people seeking protection at the U.S.- Mexican border According to Border Report in Texas, the expulsions are not based on science and expose people being held to violence in Mexico.

Title 42 is one of 50 titles within the U.S. Code of Federal Regulations established in 1944 to move quarantine authority to the public health sector, but it was sometimes used to control immigration using public health as a rationale. Well before the Covid pandemic, Donald Trump’s advisor, Stephen Miller, suggested applying the Code to close the border to asylum seekers despite being told by lawyers they lacked the legal authority. Human Rights Watch (HRW) argues that “the expulsion policy is illegal and violates human rights,” and adds that “U.S. law gives asylum seekers the right to seek asylum upon arrival in the United States, even if seekers arrive without inspection prior authorization. U.S. Customs and Border Protection (CBP) is legally required to conduct screenings to ensure they do not expel people who need protection.”

Yet since March 2020, CBP has carried out almost 643,000 expulsions using Title 42, without conducting required screenings, thus committing illegal “turnbacks”. In November a federal district court blocked use of Title 42 in the case of unaccompanied minors, but by the time the Biden administration vowed to end it over 13,000 kids had been expelled.

Here’s the rub. These kids aren’t entering the U.S. with Covid. They get it once they are held in detention because of overcrowding and unhygienic conditions in HHS and CBP facilities. Some children have died in detention.

Along with children, pregnant women, some in labor, have been expelled along with LGBT people, who are particularly vulnerable to violence, even since President Biden took office, according to Human Rights Watch.

HRW also states that “The Convention against Torture and the International Covenant on Civil and Political Rights (ICCPR), to which the U.S. is a party, prohibit expulsions or returns in circumstances where people would face a substantial risk of torture or exposure to other ill-treatment. Also, under U.S. law and the 1967 Protocol Relating to the Status of Refuges, to which the U.S. is party, the United States may not return asylum seekers to face threats to their lives or freedom without affording them an opportunity to apply for asylum and conducting a full and fair examination of that claim.” Nevertheless, by February this year CBP had carried out more than 520,000 expulsions, according to the American Immigration Council.

Let’s be clear. No one risks their lives or suffers the unimaginable hardships of migration without compelling reasons that include crushing poverty, criminal gangs that kill people and abduct their children, devastating violence, hopelessness and more. (If you want to know what the journey is really like, read Disquiet by Zulfu Livaneli, or The Mediterranean Wall by Louis-Philippe Dalembert.)

The United Nations holds that asylum-seeking children should never be detained. And still they come by the hundreds of thousands. That’s why the ACLU is moving forward with a lawsuit that seeks to lift the public health order for migrant families and unaccompanied children. As Lee Gelernt, ACLU’s lead lawyer says, “Time is up” for dealing with this human rights catastrophe.

The kids cutting themselves as they weep couldn’t agree more.

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Elayne Clift writes about women, health, politics, and social justice from Saxtons River, Vt.

What Do We Mean When We Talk About Human Rights?

“Human Rights.” It’s a term tossed around all too easily, a hollow piece of rhetoric practiced in the breach, a faux cliché uttered in fragile times. It’s a mantra lacking moral conviction and humane behavior, a way to cover the shame of failed promises, a salve without resolve spread by self-righteous, glib politicians at podiums and to the media. It’s a hollow claim that enables us to believe we are an “exceptional” country. It’s a lie in the face of multiple human tragedies in which we are complicit. These are tragedies that we fuel, facilitate, ignore, without asking ourselves how committed we are as a nation to the imperative of human rights.

I come to this awareness when I ask how it is that we condemn Russia’s or China’s or Myanmar’s human rights abuses against their people while continuing to sanction Israel’s human rights abuses against Palestinian people among them.

I come to it when I think about how we abandoned the people of Vietnam, Laos and Cambodia who helped us during that dreadful war, and then tried to do the same thing to the Afghan people who worked at the American Embassy or for American contractors and the American military, lessened in its shameful practice, but not eliminated only because of public outcries.

I came to it when we were silent about what Saudi Arabia has done in Yemen, and in its embassy in Turkey, and when our silence did not help end the atrocities in Syria. Of course, I understand the politics of non-action no matter where it occurs, but when politics trumps humanity I shudder.

I come to it when a kid is tased by cops for going through some bushes to see his girlfriend, and when black men are shot in the back and black women are shot in bed.

I come to it when women are denied agency over their own bodies and jailed for “infanticide” when they miscarry.

I come to it when we fail to make the connections between poverty, policy and practices, whether in schools, courtrooms, jails, or other institutions, for surely housing, food security, safety from judicial harm, appropriate quality healthcare, a decent and equal education, and a livable planet are all basic human rights.

Surely there is something inhumane about the Bezos and Zuckerbergs of the world accumulating billions of dollars of wealth while paying no taxes and the poohbahs of parliaments think earning a livable wage is too much to sanction and legislate.

The fact that almost seven million people in the world live in abject poverty according to World Vision-- often situational, generational or geographic -- while wealthy nations like ours look the other way, illuminates the hollow rhetoric of “human rights.” It is also shameful that the United States has the fourth highest poverty rate in the world– nearly 18 percent – and the largest income inequality gap in the world according to the Brookings Institution.

According to the United Nations Universal Declaration of Human Rights, a milestone document in the history of human rights, there are two kinds of human right violations: those committed overtly by the state, and those in which the state fails to protect against human rights violations. These violations can be civil, political, economic, cultural, or social in nature. Civil rights include the right to life, safety, and equality before the law while political rights include the right to a fair trial and the right to vote.

Economic, social and cultural rights include the right to work, the right to education, and the right to physical and mental health. These rights relate to things like clean water, adequate housing, appropriate healthcare, non-discrimination at work, maternity leave, fair wages, and more.

Just take a look at that list of human rights and then try convincing me that we haven’t violated, and that we don’t continue to violate each and every one of them, all the while claiming that we champion “human rights.”

Nelson Mandela and Martin Luther King, Jr. are often quoted on the issue of human rights, reminding us of our failures to protect these rights. Mandela asked that we remember that “To deny people their human rights is to challenge their very humanity.” Martin Luther King, Jr. admonished us to never forget that “A right delayed is a right denied.”

Mary Robinson, Ireland’s first woman president, asked us never to forget that “today’s human rights violations are the causes of tomorrow’s conflicts.”

Wise words, all. But how sad that we need to hear them over and over again, and that we still fail to instill them in our hearts and our policies.

For me, the words of Eleanor Roosevelt resonate most: “Where, after all, do universal human rights begin?” she asked. Her answer: “In small places, close to home - so close and so small that they cannot be seen on any maps of the world ... Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.”

Would that we take to heart what she said at every level of our private and public lives.

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Elayne Clift writes about women, health, and social justice from Saxtons River, Vt.