Detention
Report Exposes Treatment of Asylum Seekers in U.S. Detention
Asylum seekers—often scarred by physical and mental trauma—seek safety and refuge from genocide, religious persecution, organized violence, or other life-threatening conditions. They embark on dangerous and lengthy journeys in hope of being welcomed at our borders. Instead, upon arrival, asylum seekers routinely are arrested, shackled, and sent to detention facilities where they may be subjected to dehumanizing and degrading treatment. A recent report by the Center for Victims of Torture (CVT) and the Torture Abolition and Survivor Support Coalition International (TASSC), Tortured and Detained: Survivor Stories of US Immigration Detention, chronicles the stories of asylum seekers and details the physical and psychological agonies of detention. Read More
Holding the Detention System Accountable for Alleged Post 9/11 Abuses
A dozen years ago, in the days after 9/11, the Metropolitan Detention Center in Brooklyn served as the site of unimaginable horror: twenty-three hour cell confinement; sleep and food deprivation; widespread physical abuse; endless humiliation through sexual harassment and constant strip-searches; and relentless taunting and insults. The subjects of these atrocities were not enemy combatants or even convicted criminals; they were simply a group of noncitizens suspected of minor, non-criminal, immigration offenses. Their primary “offense”: the misfortune of being or appearing to be Muslim or Arab in a post 9/11 world. Read More
California Governor Signs Sweeping Immigration Reforms into Law
On the same day thousands of immigrant activists rallied across the country for immigration reform, California Gov. Jerry Brown signed several bills into law that put the state at the forefront of the efforts to fix immigration policies at the state and local level. Among the measures Brown approved was the TRUST Act, which limits who state and local police can hold for possible deportation. "While Washington waffles on immigration, California's forging ahead," Brown said in a statement. "I'm not waiting." Read More
ICE Detainers Continue to Target Immigrants with No Criminal Convictions
This week, the Transactional Records Access Clearinghouse (TRAC) released a troubling new report showing that only about 10% of ICE detainers target “individuals who pose a serious threat to public safety or national security.” Although the agency’s highest enforcement priorities are threats to public safety and national security, government data shows that, in recent months, the majority of detainers were issued for individuals who had no criminal convictions. Read More
Customs and Border Protection’s New “Use of Force” Initiatives Are Welcome First Steps
The endemic use of force within U.S. Customs and Border Protection (CBP) made national headlines in 2010 when Anastacio Hernandez Rojas, a 42-year old Mexican national living in San Diego, was killed by a Border Patrol Officer while in CBP custody. Since then, at least 18 other people have have died as the result of alleged excessive use of force by CBP officials, including six U.S. citizens and seven minors under 21. These incidents prompted the Department of Homeland Security (DHS) to review the use of force at CBP. A report issued earlier this month by DHS’s Office of Inspector General (OIG) exposes the inadequacies of the “use of force training” for Border Patrol agents and a series of operational flaws in the agency’s monitoring of employee misconduct. Read More
Women Arrested Demand Action on Immigration Reform
More than 100 women blocked an intersection outside of the House of Representatives Thursday to push for House leaders to finally act on immigration reform. Capitol Police officers arrested the 104 women, including more than 20 who are undocumented, for the act of civil disobedience. More than 200 supporters witnessed the arrests and called on the House to match the women’s courage and pass legislation that will fix the U.S. immigration system. “Each one of us here today understands what incredibly high stakes we are talking about—immigration reform is not just a piece of legislation but the ability for us to take care of our families,” said Pramila Jayapal, co-chair of We Belong Together: Women for Common-Sense Immigration Campaign, at a rally before the arrests. Read More
ICE Provides Critical Guidance on Limiting and Regulating the Solitary Confinement of Immigrants
Immigration and Customs Enforcement (ICE) issued much-needed guidance Tuesday on the use of solitary confinement in immigration detention facilities. As Immigration Impact reported earlier this year, ICE has been severely criticized for its excessive use of isolation of immigrant detainees. Every day, out of more than 30,000 detainees, roughly 300 immigrants are held in solitary confinement at the nation’s 50 largest detention centers overseen by ICE, according to federal data. Solitary confinement is one of most expensive forms of detention, The New York Times reported in March, and nearly half of immigrant detainees held in solitary confinement are isolated for 15 days or more – “the point at which psychiatric experts say they are at risk for severe mental harm.” About 10 percent are held for more than 75 days. And officials regularly place immigrants in isolation for breaking rules, getting into fights or for their own protection if they have vulnerabilities such as being gay or mentally ill. Read More
ICE Policy on Parental Rights Addresses Long Overdue Problem in Immigration System
For years, leading family and children’s advocates have argued that the bond between parent and child is often a casualty of our broken immigration system. Consequently, they have argued that ensuring parental rights in the context of immigration proceedings is critical—whether the issue is about determining who should have custody of an unaccompanied minor, exercising discretion to release a sole caregiver from detention, or ensuring that a person in immigration proceedings doesn’t automatically lose parental rights. On Friday, Immigration and Customs Enforcement (ICE) finally released a memorandum that offers clear guidelines on these questions. Unfortunately, some people, like House Immigration Subcommittee Chairman Bob Goodlatte, immediately tried to turn this into a political issue about immigration reform, instead of what it is—guidance for making sure the rights of parents and children are protected. Read More
Newark Police Department Latest to Push Back on ICE Detainer Requests
The Newark Police Department is the most recent local law enforcement agency to announce that it will refuse requests by Immigration and Customs Enforcement to detain people who have been picked up for minor criminal offenses. Newark is the first city in New Jersey to stop honoring detainer requests from ICE, and the announcement follows news that New Orleans has also adopted a similar policy. Newark Police Director Samuel DeMaio signed the policy change on July 24: Read More
New Orleans Latest Locality to Shift Costly Immigration Enforcement Burden Back to Feds
New Orleans has stopped honoring detainer requests from Immigration and Customs Enforcement (ICE) officials—the first Southern city to do so—now that the Orleans Parish sheriff’s office will no longer detain people who are suspected of being undocumented immigrants. According to The New York Times, the sheriff’s office will “decline all ICE detention requests except when a person is being held on certain specific serious charges.” For individuals with those charges, the sheriff will defer to the recommendation of the criminal court. The parish sheriff will no longer investigate an individual’s immigration status. ICE may not conduct investigations into civil violations of immigration law in the jail. If ICE wants to conduct a criminal investigation in the jail, ICE must provide reasonable notice and opportunity for the individual’s attorney to be present at any interview. Read More
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