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Four-year-old U.S. Citizen Deported, Separated from Parents

Four-year-old Emily Ruiz was on her way home to New York from a trip to Guatemala with her grandfather when the pair was detained by immigration authorities during a stopover at Dulles International Airport. Emily, a United States citizen, and her grandfather, a Guatemalan traveling with a valid work visa, were detained because of an immigration infraction that supposedly occurred two decades before. Ruiz and his granddaughter were told they would not be allowed to stay in the country and were deported to Guatemala.

Meanwhile, Emily’s father, Leonel Ruiz, was waiting for his daughter’s plane at Kennedy Airport, which arrived without her on it. He soon learned that, despite Emily’s U.S. citizenship, his daughter was deported because of her grandfather’s immigration infraction.
 
Emily’s deportation launched a legal battle for her return and a national debate over the separation of children from their immigrant parents. Officials at Customs and Border Protection say they offered Mr. Ruiz the opportunity to pick up his daughter at the airport (which he denies), and that he “elected to have her return to Guatemala with her grandfather.” Yet an encounter with immigration officials would have posed a serious risk to Mr. Ruiz, who could have been detained or deported. Mr. Ruiz, who speaks little English, said that he spoke with an agent over the phone in English and was presented with two choices: Emily could enter the custody of the State of Virginia or she and her grandfather could return to Guatemala.

While Emily was eventually returned to her parents in the United States, her case highlights a critical component of the immigration reform debate. Laws that threaten deportation and the separation of parents from their children make it difficult for undocumented immigrants to report crimes, participate in prosecution, or seek life-saving support services. Legal Momentum's Immigrant Women Program advocates for immigration policies that acknowledge the constitutional right of immigrant parents to care for, have custody of, and control over their children. The separation of U.S. citizen children and immigrant parents can have a devastating impact on families.

There are 5.5 million children who have at least one undocumented parent in the United States. Legal Momentum believes that reforms in immigration laws and policies will be most effective in improving conditions of immigrant women and their families when they are grounded in an understanding of the challenges and circumstances confronted by many immigrant women in America.

• Learn more about Legal Momentum's work on gender bias and immigration reform.
• Learn more about Legal Momentum's Immigrant Women Program.
• Learn more about Legal Momentum.

 

Legal Momentum Commemorates Equal Pay Day

The gender pay gap still plagues women nationwide. On average, women workers still earn 77 cents on every dollar their male counterparts make, an income gap that translates to a loss of over $10,000 per year. The gender wage gap is even more striking for women of color: African-American women make 61 cents and Latinas make 52 cents for every dollar white men earn.

April 12th, the 102nd day of the year, is Equal Pay Day, designated as such because women would have to work 102 more days into 2011 to earn what their male counterparts made in 2010 alone.

Today Congress will re-introduce the Paycheck Fairness Act, a bill that died in committee last November. The Paycheck Fairness Act would strengthen the Equal Pay Act, signed into law by President Kennedy in 1963. While the Equal Pay Act was a major victory for women, it is in dire need of updates to ensure that women have full equality. The Paycheck Fairness Act would give women the same remedies for gender wage discrimination that are now available to victims of discrimination based on race or national origin. It would also bar employers from retaliating against employees for discussing their salaries with each other—a problem that continues to plague many women.

Equal Pay Day reminds us that there is progress to be made when it comes to women’s economic equality – and just in time. While the White House and the Congress have agreed on a the FY 2011 budget, it will soon consider the budget for FY 2012. Congressman Paul Ryan (R-WI) introduced the GOP 2012 budget plan last week, a blueprint that would further imperil women’s bid for full equality, with severe cuts to Medicare, Medicaid, Food Stamps, Pell Grants for education and other programs that benefit Americans in poverty – most of whom are women. Indeed, according to the Center on Budget and Policy Priorities, Ryan’s 2012 budget gets about two-thirds of its $4 trillion in cuts from programs that benefit low-income Americans.

On Equal Pay Day, Congress should reconsider and pass the Paycheck Fairness Act. But future equality also depends on budget that is both balanced and fair to all – a fact that must be remembered as Congress begins to debate the FY 2012 budget.

Learn more about Legal Momentum's work on employment discrimination.

SB 1070 Copycat Bills Threaten Health and Safety of Immigrant Women and Children

Sixteen states have introduced legislation similar to Arizona's SB 1070, the controversial immigration law blocked by a federal judge last July. Legal Momentum submitted an amicus curiae brief in that case, which detailed the severe harm SB 1070 would have caused immigrant women and their children.

SB 1070 makes it a misdemeanor for non-citizens to be in Arizona without documentation. The law also makes it a crime to shelter, hire or transport undocumented immigrants and forces police to check the immigration status of anyone suspected of being undocumented. Legal Momentum successfully argued that, if implemented, these provisions would threaten immigrant women’s health and safety, increase the risk that immigrant women would be separated from their children and punish immigrant women victims of violence.

Over the past two decades, Congress and the Department of Homeland Security (DHS) have made major strides in addressing the barriers to safety immigrant women face, particularly immigrant victims of domestic violence, trafficking, and sexual assault. Thanks to Legal Momentum, the 2000 and 2005 reauthorizations of the Violence Against Women Act (VAWA) included specific provisions to help immigrant women victims of violence, including the U visa and the T visa. Legal Momentum, in partnership with the Vera Institute for Justice, also trains local law enforcement agencies on using these visas.

SB 1070 copycat bills threaten this work. Immigrant women will be reluctant to seek help or report crimes for fear of being detained or deported. Currently, fewer than 20% of immigrant women victims of violence who are undocumented or who have temporary legal status seek help from law enforcement, compared to more than half of women victims of violence in the general population. Fewer undocumented women are likely to report crimes or seek aid if states enact SB 1070 copycat laws.

Legal Momentum believes that reforms in immigration laws and policies will be most effective in improving conditions of immigrant women and their families when they are grounded in an understanding of the challenges and circumstances confronted by many immigrant women in America.

• Learn more about Legal Momentum's work on gender bias and immigration reform.
• Learn more about Legal Momentum's Immigrant Women Program.
• Learn more about Legal Momentum.

Geraldine Ferraro: Trailblazer and Advocate

Legal Momentum mourns the passing of Geraldine Ferraro, the first woman to run for Vice President on a national party ticket.

Ferraro advocated for women's rights throughout her professional career. In the 1970s, she developed and directed one of the nation’s first Special Victims Bureaus in the Queens Country District Attorney's Office, investigating rape, domestic violence, child abuse and other crimes that predominantly affect women and their families. As a Congresswoman from Queens, Ferraro supported public funding for abortion. She fought for the Equal Rights Amendment and the Pension Equity Act.

As the nominee for Vice President in 1984, Ferraro battled sexism in her characteristically calm and collected manner. In the Vice Presidential debate that year, then-Vice President George H.W. Bush insisted on referring to her as "Mrs. Ferraro" rather than "Congresswoman Ferraro." An excerpt from the debate highlights the Vice President's attempt to undermine his opponent and Congresswoman Ferraro's wry response:

Vice President H.W. Bush: "Let me help you with the difference, Mrs. Ferraro, between Iran and the embassy in Lebanon. Iran: we were held by a foreign government. In Lebanon, you had a wanton, terrorist action where the government opposed it."

Moderator: "Congresswoman Ferraro?"

Congresswoman Ferraro: "Let me just say, first of all, that I almost resent Vice President Bush, your patronizing attitude – that you have to 'teach me' about foreign policy!"

Geraldine Ferraro blazed a trail for American women in politics. Her ability to highlight and combat sexism set an example for the female candidates who followed her. She will be sorely missed.

New Report Highlights Women's Advancements and Persistent Inequities in the United States

In 2009, President Obama created the White House Council on Women and Girls to ensure that the federal government provides a coordinated response to women’s issues. In honor of women’s history month, the Council, in conjunction with the Office of Management and Budget and the Economics and Statistics Administration, released "Women in America: Indicators of Social and Economic Well-Being," a report analyzing five key issues facing women: demographic and family changes, education, employment, health, and crime and violence.

"Women in America" demonstrates that women have advanced dramatically in American society, particularly in education.  More than ever before, women, from diverse racial and ethnic groups, enroll in institutions of higher education. In 2011, there are more women than men in both undergraduate and graduate schools. Women also have higher graduation rates at all academic levels than men.
Despite this progress, female students score lower than male students in mathematics assessment tests. While science, math and technology careers are dominated by men, women comprise two-thirds of global graduates in the humanities. Gender segregation in career and technical education – the path to jobs in the skilled trades, which lead to occupations with high wages, benefits, and opportunities for professional growth – continues. Legal Momentum's Pipeline Program seeks to address this disparity, forging systemic change in educational institutions to end the long history of gender segregation in these schools and career fields, while increasing the earnings potential and future economic security of low-income women.

Today, women's advances in education do not always translate success in the workforce. The gender pay gap continues: among those working full time, women earn, on average, 80 cents for every dollar men make.

"Women in America" also addresses the impact of criminal activity in American communities. Women are disproportionately affected by certain types of crime, particularly sexual victimization and intimate partner violence.

A recent study by Dr. Dean Kilpatrick of the National Crime Victims Research and Treatment Center at the Medical University of South Carolina, Drug-facilitated, Incapacitated and Forcible Rape: A National Study, found that "during the past year alone [2006], over 1 million women in the U.S. have been raped…Our estimates do not appear to support the widely held belief that rape has significantly declined in recent decades."

While sexual violence remains a persistent problem for American women, "Women in America" does note that the rate of nonfatal intimate partner violence against women declined by more than 50 percent between 1994 and 2008. 1994 marked the passage of the federal Violence Against Women Act (VAWA). Legal Momentum was instrumental in passing VAWA and has advocated for its subsequent reauthorizations in 2000 and 2005. Since Congress passed VAWA in 1994, law enforcement and justice system officials have become increasingly involved in domestic violence cases, matters which were once perceived to be private concerns. The declining rate of intimate partner violence achieved by VAWA affects not only victims but their children as well. As "Women in America" explains, "Research demonstrates significant adverse impacts on children’s health and developmental well-being as a result of exposure to domestic violence."

"Women in America" finds that while women have achieved significant advances in education and employment, much work remains. Legal Momentum continues to confront the issues facing American women and children, from poverty to sexual violence. Learn more about Legal Momentum.

Federal Subminimum Wage Fails to Protect Tipped Workers, Especially Women

A new report by the Economic Policy Institute and the Center on Wage and Employment Dynamics, "Waiting for Change: The $2.13 Federal Subminimum Wage," sheds light on the subminimum wage for tipped workers – 72.9% of whom are women.

The federal tip credit allows employers to pay tipped workers just $2.13 per hour – a rate far below the federal or state minimum wage – as long as this wage, combined with the workers’ tips, equates the federal minimum wage, $7.25 per hour. But most tipped workers are unaware of this requirement. And a recent Department of Labor study found that just 30% of employers who were found to have violated this requirement were in compliance by a later investigation.

Thus tipped workers are more than twice as likely to fall below the federal poverty line. And the gender wage gap affects tipped workers just as it affects women in all careers: women tipped workers earn, on average, $0.50 less per hour than male tipped workers as a whole. Waitresses earned, on average, $0.83 less than waiters.

The authors of "Waiting for Change" endorse the WAGES Act, introduced by Congresswoman Donna Edwards of Maryland. The WAGES Act would incrementally increase the minimum wages for tipped employees over the next three years, to 70% of the regular minimum wage by 2012. "Waiting for Change" also recommends strengthening workplace protections and increasing workplace benefits for tipped workers.

Legal Momentum has always been a leader in promoting opportunity and equality for women in workforce, particularly for women in low-wage jobs. "Waiting for Change" demonstrates Legal Momentum’s advocacy for low-income women is needed now more than ever.

Legal Momentum Celebrates International Women's Day

March 8th marks the 100th anniversary of International Women's Day, first observed in the 1901, when thousands of women poured into the streets across the world to raise their voices against oppression and inequality. We have made significant progress toward ensuring women's health, safety, and economic security. But much work remains. From a persistent gender pay gap to the gender bias in schools, women and their families remain those hardest hit by the failure of governments across the world to provide adequate social services, especially during economic crises.

Since 1970, Legal Momentum has consistently worked to ensure the economic and personal security of women and girls. Our work includes advocacy and litigation to incorporate principles of international human rights law into United States law to strengthen the human rights of all women. Through amicus curiae briefs and policy advocacy, our work on international human rights law focuses on Congress and the courts. This work includes:

• Advocating for the U.S. government to ratify the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), a "women's bill of rights" ratified by over 180 countries. The United States is one of only seven countries in the world that have failed to ratify this landmark international human rights agreement.
• Serving as a member of the New York City Human Rights Initiative, an organization that advocates for Human Rights in Government Operations Audit Law (HR-GOAL), which requires city agencies to examine whether opportunities (including jobs) and services are being fairly distributed to women, people of color and other historically marginalized groups in New York City.
• Submitting several amicus curiae briefs to the U.S. Supreme Court, arguing that the Court should consider international human rights law and U.S obligations in considering constitutional questions.

While we celebrate International Women's Day and the enormous achievements and contributions made by women across the world, Legal Momentum also recognizes the critical work that must be done to ensure full equality for all women.

• Read Legal Momentum's full statement in support of CEDAW.
• Learn more about Legal Momentum.

U.S. Women and Their Families Hurt by Lack of Paid Leave and Supportive Services

A new report by Human Rights Watch, "Failing its Families: Lack of Paid Leave and Work-Family Supports in the U.S.," finds that U.S. women desperately need paid leave laws, breastfeeding accommodations, and laws barring discrimination against workers with families. The lack of paid leave and protective laws for workers disproportionately affects women and their children. Many of the working women interviewed by Human Rights Watch said that their careers were derailed as a result of employer bias against women with family responsibilities. Many also recounted problems with postpartum depression and noted that they the lack of workplace breastfeeding accommodations forced them to give up the practice early.

"Failing its Families" demonstrates that existing legal protections do not fully protect working women and their families. The federal Family and Medical Leave Act (FMLA) allows U.S. workers with new children or severely ill family members to take unpaid, job-protected leave, but the FMLA covers only half the workforce. Only 11% of civilian workers (and 3% of the lowest-income workers) have paid family leave benefits. Roughly two-thirds of civilian workers have some paid sick leave, but only about a fifth of low-income workers do.  And studies show that the number of employers voluntarily offering paid family leave is declining.

As Legal Momentum has testified, the United States has much less generous parental leave than other rich countries and far less public support for child care. Notably, countries with paid leave policies also have higher levels of economic competitiveness compared to the United States.

Legal Momentum has long advocated for paid leave and workplace family supports. Learn more about Legal Momentum's advocacy for working women.

House Passes Bill Banning All Federal Funding for Planned Parenthood

Today the U.S. House of Representatives voted to deny all federal funding to Planned Parenthood health centers .The Pence Amendment, introduced by Mike Pence (R-IN), bans all federal funding for Planned Parenthood, despite the fact that the vast majority of their services are providing women with birth control, cancer screenings, HIV testing, and other lifesaving care.

It is important to note that the Hyde Amendment already prevents Planned Parenthood from using government funds to provide abortions except in cases of rape, incest, or when a woman's life is in danger. 

Most of the federal money Planned Parenthood receives is through Title X, which pays for pelvic exams, breast exams, safe-sex education, and basic infertility counseling, among other services. Title X money cannot be used to pay for abortions. Abortions made up just 3 percent of the patient services that Planned Parenthood offered in 2008. But Pence doesn't care: "If Planned Parenthood wants to be involved in providing counseling services and HIV testing, they ought not be in the business of providing abortions," the Indiana Representative told POLITICO. "As long as they aspire to do that, I’ll be after them."

Gail Collins of The New York Times points out the glaring hypocrisy of Pence’s legislation:

But here's the most notable thing about this whole debate: The people trying to put Planned Parenthood out of business do not seem concerned about what would happen to the 1.85 million low-income women who get family-planning help and medical care at the clinics each year. It just doesn’t come up. There’s not even a vague contingency plan… There are tens of millions Americans who oppose abortion because of deeply held moral principles. But they’re attached to a political movement that sometimes seems to have come unmoored from any concern for life after birth. (emphasis mine)

These women will have no where to turn for preventative health care. This is not just a women's issue -- it is also a public health issue. 

Please stand with Planned Parenthood to stop the Pence Amendment. Sign Planned Parenthood's open letter to Congress. Contact your Representative and Senators.