Margarita Asicona Avilés, Ixil mother, deserves to be heard
Margarita Asicona Avilés, an Ixil woman from Homestead, Florida, has been held for days in a local jail, separated from her children, without an interpreter to explain what is happening, or help her communicate with attorneys and the court. She is facing criminal charges, and possibly deportation and the loss of custody of her children. The confusion and terror Ms. Asicona Avilés must feel, without being able to fully express herself, is unimaginable.
On November 11, Comunidad Sol, the Ohio Immigrant Alliance, and allies sent a letter to the Guatemalan Consulate in Florida, asking them to urgently intervene and help this 38 year-old indigenous woman woman obtain information, support, and justice in her case. Read the letter in English and Spanish.
In their letter, the organizations explain that the court’s failure to provide Ms. Asicona Avilés with an appropriate interpreter “violates fundamental human rights, especially the linguistic and cultural rights recognized by the Guatemalan Constitution and in international conventions like the ILO Convention 169.” It is the duty of the Guatemalan government to “guarantee a just process that respects Ms. Asicona Avilés’ cultural identity.” The consulate must “immediately coordinate with organizations who provide interpretation to resolve the lack of interpretation, which has impeded the advancement of this judicial process.”
“Our community is watching this case closely, as it represents not only one person’s situation, but the treatment that Guatemalan indigenous people receive abroad. We are confident that the Consulate will act with the diligence, sensitivity, and commitment that this case demands,” the organizations conclude.
The letter was signed by Comunidad Sol, a group founded in Ohio with connections to indigenous communities across the United States; Ohio Immigrant Alliance; Comunidad Maya Pixan Ixim; Borderlands Resource Initiative; Hispanics in Philanthropy; Trans Queer Pueblo; Sisters of Mercy of the Americas - Justice Team; Miami Valley Immigration Coalition; Florida International Solidarity Collective; and ceiba colectiva - chicago.
Comunidad Sol, an organization created and led by young Indigenous women and youth displaced to Ohio, who received a call for help from women leaders in their territories in Guatemala to bring visibility to Margarita’s case, states: “This is nothing new from the Guatemalan government or from any government. Being referred to solely as ‘Latinas’ or ‘Hispanics’ constitutes a form of structural violence that has been perpetuated for centuries.”
Meanwhile, Ohio Immigrant Alliance, with deep respect, stands in solidarity with this process, recognizing and honoring the autonomy of Indigenous Peoples to speak for themselves.
Said Lynn Tramonte, Executive Director of the Ohio Immigrant Alliance, “We might think we have a justice ‘system,’ but Margarita Asicona Avilés and her children are not cogs in a machine. They are human beings. Right now, she needs an interpreter who can explain what is happening, in the language she best understands, and help her speak to her attorney and the court in her own words. The issues in this case are too important to let her and her children be swallowed up and lost in a system that has already separated too many families. The institutions involved need to keep her and her family’s humanity at the core.”
