RSS RSS

Government abdicating responsibility on deaths in detention

No one doubts the immigration system is broken. But with the dilly dallying that seems to have enveloped any immigration reform legislation, families continue to be broken up and lives continue to be lost in the vast immigration detention and deportation network.

At a cost of $1.7 billion a year, the immigration detention system is a vast network of federally run detention centers and about 300 state and county jails that detain 32,000 detainees every night or 370,000 in the year. Many of these facilities are privately run. The New York Times ran a shocking expose of desperate attempts by immigration officials to conceal the death and mistreatment of immigrants. But the real icing on the cake came yesterday.

When the Obama administration vowed to overhaul immigration detention last year, its promise of more humane treatment and accountability was spurred in part by the harrowing treatment of two detainees who died in the Bush years….But on Wednesday, the administration argued in federal court that the government had no liability for neglect or abuse by private contractors running the Donald W. Wyatt Detention Facility in Central Falls, R.I.

It’s a shocking way to cast off blame and responsibility. Both Hiu Lui Ng (34) and and Francisco Castaneda (36) were treated awfully in detention, denied treatment for cancer even when in agonizing pain. Advocates have consistently asked for legally binding standards for detention facilities as well as community based alternatives to detention. Many promises have been put forth to reform the system but ground realities seem to tell a different story. And  now the administration is trying to abdicate its responsibility to those whom it detains.

Detention reform remains an essential part of any larger immigration reform. With increasing pressure from the community, the LA Times reported,

Despite steep odds, the White House has discussed prospects for reviving a major overhaul of the nation’s immigration laws, a commitment that President Obama has postponed once already. Obama took up the issue privately with his staff Monday in a bid to advance a bill through Congress before lawmakers become too distracted by approaching midterm elections.

Public pressure is strong for reform. Editorials in the the Washington Post and the New York Times have angrily accused President Obama and Congress of not fulfilling their responsibilities. It seems an ever growing cycle – with no one wanting to take blame and responsibility, just like the “it’s not my problem” attitude towards detention. But the outcome of this is a loss of lives, broken communities and ever growing despair with unkept promises.

Posted by madhuri on March 5th, 2010 in Blog, Deportation, Detention, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , | No Comments »

Be inspired and be inspiring. Human rights can start with YOU.

There’s nothing better than a real-life inspirational story. Last week we brought you the amazing story of New York’s favorite District Attorney, 90 year old Robert Morganthau, and his commitment to equal justice for all. Today, we are happy to bring you another story confirming that New York stalwarts of justice are on a roll.

A New York Times article tells the story of Ex-Judge Michael A. Corriero and his commitment to supporting Qing Hong Wu, a man who he sentenced as a juvenile 15 years ago, for misdemeanors on the “mean streets” of New York. Motivated by Wu’s reputation as a stellar student, and intent on creating a juvenile criminal system that promised a chance for reform, Corriero promised Wu that if he got educated, worked hard, and reformed his life, he would stand behind him if ever he needed it. Today Wu desperately needs Corriero’s help and Corriero, long-retired, is doing everything he can to ensure justice.

Qing Hong Wu moved to the U.S. with his parents when he was 5 years old. With his parents working long hours to make ends meet, he got mixed-up in some bad company at the age of 15. At his trial, the teenager pleaded guilty, saying, “I’m sorry and I really hope that you will forgive me for all the pain and trouble I made them go through.” Court transcripts show that Judge Corriero called the case a tragedy and gave Wu the following advice,

This is not the end, this is really the beginning of a new period for you. I want you to educate yourself. Continue to read, follow the rules. You will want to get a job and become a meaningful, constructive member of society to help your family. I will be there to make sure that you can.

A model inmate, Wu took Judge Corriero’s advice very seriously. He was released from his nine year reformatory sentence in three years and worked towards turning his life around; he studied hard and supported his mother by working his way up to the position of Vice-President of IT at a management company, and is now engaged to be married. Inspired by the example of his mother, sister and fiance becoming U.S. citizens, he applied for citizenship last November, 15 years after having served his time. Immediately, Wu became subject to 1996 laws that make no allowance for those who have rehabilitated their lives and earned a place in society. He was locked up by Immigrations and Customs Enforcement in a detention center in New Jersey and is facing deportation to China, a country that he has not lived in for 25 years.

At the time that Mr. Wu pleaded guilty, he was not made aware of the consequences to his immigration future that could be a direct result of his sentence. Currently, the only way that Mr. Wu’s deportation can be stayed is if he is granted a pardon that erases his criminal record. While in detention, Wu wrote a letter to Judge Corriero, reminding him about the promises that they had made to each other 15 years ago. Amongst the many appeals for his release from employers, friends and family is the strong appeal that Judge Corriero, now 67 and retired, has made to Governor David Paterson, saying that Mr. Wu has earned his second chance and should be allowed to remain in the country.

Judge Corriero is of the strong opinion that while on the one hand the justice system aims to rehabilitate those accused of crimes, especially juveniles, so as to prevent against the trap of them repeatedly re-entering the criminal system, a parallel law enforcement system is working directly against this by ignoring the details of individual cases and blindly enforcing old laws. In his book, “Judging Children as Children: A Proposal for a Juvenile Justice System”, Judge Corriero envisages a more flexible justice system that supports and nurtures those who have committed mistakes and learnt from them, allowing them to change their lives rather than perpetuating a vicious cycle.

Now the Executive Director of Big Brothers, Big Sisters of New York City, the judge is going to great lengths to do something for Mr. Wu. We always believe that human rights begins with an individual. Judge Corriero has made a personal effort, and we really hope that this, combined with all the support that Mr. Wu has received, will make a difference.

In the mean time, if you want to be an inspiration, join SAALT’s new video project, “Say it Loud: Share Your Story for Immigration Reform”, As Congress and the Administration debate immigration reform this Spring, SAALT is collecting video testimonials from individuals who have a personal story to tell about how they might have been affected by the broken immigration system and what immigration reform would mean to them. These stories of personal experience will serve as powerful and inspiring tools in the mobilization towards immigration reform, so if you have something to say, then create a video with your personal take on this question, “Why do you believe the U.S. immigration system needs to change”. Send it to SAALT and join the likes of Morgenthau and Judge Corriero by taking a step for human rights!

UPDATE: We are very pleased to tell you that this story has a happy ending. As a result of Judge Corriero’s personal appeal for justice and all the support that Mr. Wu has received since he was detained in November, Governor Patterson announced his pardon on Saturday. Gov. Patterson said that based on the exemplary way the Qing Wu served time, and rose from his mistakes by turning his life around, he has been pardoned for the misdemeanors he was charged with in his youth. The full and unconditional pardon that Mr. Wu received should prevent the Federal Government from deporting him, but should also allow him to be eligible for citizenship, the application that got this entire process started in the first place. A statement released by the Governor said that in his mind, Wu’s case was a chance to draw attention to “the harsh inequity and rigidity of the immigration laws.” We are with Judge Corriero in hoping that this does not remain one family’s happy ending, and is, instead, a signal of change for the criminal justice system and the immigration system so that they work together to allow people to recover from their mistakes and reclaim their lives.

Photo courtesy of www.nytimes.com

POLL: Do you think that Qing Hong Wu should be deported?

View Results

Loading ... Loading ...

Posted by ishita on February 23rd, 2010 in Blog, Deportation, Detention, Due Process, Enforcement, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , , , | No Comments »

Immigration detention reforms urgently needed in light of “all hell breaking loose” at Varick facility in New York

Picture 1Immigration detention is once again revealing fatal flaws, reaffirming the need to not only superficially reform the system as has been promised by the Obama administration, but completely overhaul it by reducing reliance on a penal system of punishment. As a New York Times opinion piece stated,

Americans have long known that the government has been running secretive immigration prisons into which detainees have frequently disappeared…..what we did not know, until a recent article in The Times by Nina Bernstein, was how strenuously the government has tried to cover up those failings.

Yesterday, reports came in of an ongoing hunger strike at Varick Federal Detention Facility in downtown New York, counteracted by immigration agents in riot gear who used pepper sprays and beat detainees.

A Jamaican detainee in one dorm said “all hell broke loose” after about 100 inmates refused to go to the mess hall on Tuesday morning and gave guards a flier declaring they were on a hunger strike to protest detention policies and practices. The detainee, who asked that his name not be published for fear of retaliation, said a SWAT team used pepper spray and “beat up” some detainees, took many to segregation cells as punishment and transferred about 17 to immigration jails in other states.

A detention center that sees 11,000 undocumented immigrants, asylum seekers, and legal permanent residents with convictions pass through every year, Varick has been in the news recently as Immigration and Customs Enforcement (ICE) announced they will be shutting it down and transferring detainees to a county jail in Hudson County, Jersey. An ICE press release stated,

As part of its major overhaul of the detention system, ICE will suspend operations at the Varick Facility….a commitment to prioritizing health, safety, and uniformity among facilites.

No doubt Varick has had its share of problems. A petition sent by a 100 men from Varick talking of constant transfers to remote locations and lack of access to lawyers spurred an investigation by the New York City Bar Association which eventually led them to start a volunteer lawyers program for the facility. But many advocates and detainees alike feel that ICE has decided to shift responsibilities to other facilities rather than fix conditions at Varick, especially given the focus on misconduct in the facility in recent times. Many are worried that closing Varick would negatively impact detainees’ due process rights, including lack of access to both attorneys and families in Hudson because of the long distance from New York City and issues around visitation hours. Still others feel that the move comes to avoid all of those protests that have been happening outside of Varick lately. Activists have been protesting the deportation of Jean Montrevil, housed in Varick, that has led to traffic stops and multiple arrests outside the center. The New York Times reports,

Nancy Morawetz, a professor at the New York University School of Law and director of its Immigrant Rights Clinic, said, “There is probably no detainee at Varick Street who, despite the problems at Varick, wouldn’t prefer to be at Varick. This is really just moving away the problems where they’re not going to be seen.”

Senator Charles Schumer has written a letter urging that Varick stay open.

“They didn’t have a concept of New York — most people New York don’t have cars, whether they be lawyers or immigrant families, ” he said, noting that the agency had not consulted with him or any immigrant groups.

ICE has countered that at Hudson, detainees will have access to outdoor recreation space. But the jail is just a step up from Varick and is required to to treat immigration detainees the same as its criminal inmates, even though they have committed no crime.

The general mess around Varick is showing not only the challenges around reforming the detention system, but also the crucial need for legally enforceable standards for immigration detention, so that agencies can be held accountable, and the need for humane alternatives to immigration detention that ensures moving away from a reliance on a penal, punishment oriented system, neither of which are being addressed by the reforms. Take action now.

Photo courtesy of ICE.

Posted by madhuri on January 21st, 2010 in Blog, Detention, Due Process, Enforcement, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , , | 1 Comment »

Shocking New York Times article uncovers efforts to conceal immigrant deaths in detention

A New York Times article has revealed scathing information about grave abuses of power by immigration officials desperate to conceal the deaths and mistreatment of immigrants in detention. This includes covering up evidence of gross mistreatment, undercounting the number of detention deaths, discharging patients right before they die, and major efforts to avoid scrutiny from the news media.

The article states,

Behind the scenes, it is now clear, the deaths had already generated thousands of pages of government documents, including scathing investigative reports that were kept under wraps, and a trail of confidential memos and BlackBerry messages that show officials working to stymie outside inquiry.

In one case, it was found jail personnel had made a fake entry to show painkiller medication had been given to an inmate, when in actuality the log showed that the drug had been administered once the inmate had died, driven to suicide by unbearable pain. In another case, officials justified an inmates lengthy detention despite his poor medical condition by mischaracterizing his criminal record.

Perhaps the most shocking example is that of Boubacar Bah, a 52-year-old tailor from Guinea who suffered a head injury and was put into solitary confinement for 12 hours before an ambulance was called.The article says,

“In the agency’s confidential files was a jail video showing Mr. Bah face down in the medical unit, hands cuffed behind his back, just before medical personnel sent him to a disciplinary cell. The tape shows him crying out repeatedly in his native Fulani, ‘Help they are killing me!’”

The video, shot by detention officials as a policy when force is used on a detainee, was obtained along with thousands of documents on the 107 deaths in immigration custody, through Freedom of Information Acts filed by the New York Times and the ACLU. These documents clearly show how Immigration and Customs Enforcement officials have covered up examples of abuse and neglect, withheld important information regarding detainee abuse and deaths, and desperately tried to deflect media scrutiny.

Bah’s story was the basis for our End Homeland Guantamos campaign, where visitors assume the role of an undercover journalist doing an investigative series on what actually happened to Boubacar Bah.

Many, including the news media, advocacy groups and Members of Congress have been calling for reform in the immigration detention system. And while the Obama Administration has vowed to overhaul immigration detention, it seems somewhat meaningless unless there is a shift in the way the agency operates – away from an environment of secrecy to one government by enforceable standards and oversight. But the administration has rejected the idea of standards, arguing that “rule-making would be laborious, time-consuming and less flexible” than its own overhaul.

That’s why we need real public pressure. STOP THE SENSELESS DEATHS NOW by urging your Congressional members to support Rep. Luis Gutierrez’s Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP) which provides secure alternatives and the codification of standards to ensure humane detention conditions.

Posted by madhuri on January 11th, 2010 in Blog, Deportation, Detention, Due Process, Family, Human Rights, Immigration | Tags: , , , , , , , , , , , , , | 1 Comment »

Will Sheriff Arpaio’s clipped wings stop him from flying?

1903 Judge - Immigration a National Menace

The news is in that Sheriff Arpaio’s agreement under the controversial 287(g) program will be renewed, albeit in a limited manner, allowing him to enforce federal immigration law in county jails and not on the street. Today we learned that the County Board of Supervisors approved the agreement after hearing emotional appeals from residents on both sides of the issue. Yet no final word has come in from the Department of Homeland Security which has remained strangely silent on the issue.

For those not familiar with the Arizona sheriff, he is currently under investigation by the Justice Department for racial profiling, a figure both reviled and hailed, with his policies having led to budgets shortfall and an increase in unsolved violent crimes. Yet, he insists he will continue his “immigrant crime sweeps“, with or without authority.

Government programs that arm state and local police with immigration powers have been on the rise for a while now. According to the New York Times, a report on immigration detention released Tuesday by the Obama administration shows that 60 percent of the 380,000 people detained during 2009 had been turned over to by state and local police.

But is this effective strategy? Not if we take the stated goal into account which is for the police to identify serious criminal offenders and turn them over to immigration authorities, because well over half the immigrants taken into custody under the programs have no criminal convictions.

Where are the numbers coming from then if they are not serious offenders? Reports and testimonies have been documenting the racial profiling that accompanies giving police immigration powers. One example comes from Irving, Texas, that shows traffic arrests and petty misdemeanors rose substantially for Hispanics once immigration enforcement became part of the jails. Even a Government Accountability Office has found an increase in the arrest of minor offenders instead of serious offenders that were the original target. And a government task force has recommended that these programs be scaled back.

So the tide seems to be turning slowly. A 521 organization sign-on letter opposing 287(g) has had a large impact, and recently, the Congressional Hispanic Caucus took a bold position asking for a termination to the 287(g) program.  Two Massachusetts and Florida law enforcement agencies canceled their 287(g) agreements recently with one of them, Framingham Chief Steven Carl stating, “it doesn’t benefit the police department to engage in deportation and immigration enforcement”. And today, one more mayor from Houston has distanced himself from the program.

The Police Foundation, the International Association of Chiefs of Police, and the Major Cities Chiefs Association have all expressed concerns that these programs only serve to divert scarce resources and undermine public trust. It makes sense because we all will be less safe when communities are afraid to cooperate with police because they are afraid of immigration consequences.

And if these facts and figures aren’t enough, here are some compelling stories. Pedro Guzman, a Latino U.S. citizen was deported to Mexico because an employee of the Los Angeles County Sheriff’s Office, a 287(g) participant determined that Mr. Guzman was a Mexican national.  Cognitively impaired and living with his mother prior to being deported, he ended up being dumped in Mexico, forced to eat out of trash cans and bathe in rivers for several months. Luckily, his mother found him several months later. Or Juana Villegas, who was driving in Nashville  (within Davidson County’s 287(g) jurisdiction) when she was pulled over by a Berry Hill police officer for “careless driving.”  Nine months pregnant, Juana was held in county jail for six days, enduring labor with a sheriff’s officer standing guard in her hospital room, where one of  her feet was cuffed to the bed most of the time.

These are not unusual examples but demonstrate policies that have gone wrong and are absolutely counterproductive to increasing public safety. But we still wait to see a complete cessation of these policies. Meanwhile, Sheriff Arpaio continues his rampage saying “I can do it without federal authority, and I’m going to continue to do it. It makes no difference.” Its a classic example of what can happen if we allow people to take the law into their own hands.

Image courtesy www.printsofpropoganda.com

Posted by madhuri on October 7th, 2009 in 287G, Blog, Due Process, Enforcement, Immigration | Tags: , , , , , , , , , , , , , | 1 Comment »

Detention reforms a welcome relief…lots more to be done

Rep. Zoe Lofgren on Immigration Detention from Breakthrough on Vimeo.

A slew of newspaper articles greeted us this morning with the Department of Homeland Security’s (DHS) plans to reform the immigration detention system. The New York Times, The Wall Street Journal, the BBC and the Associated Press vied for attention with headlines that held much hope – U.S. to Revise Detention Standards, U.S. to Cut Immigration Detention, and my favorite, Ideas for Immigrant Detention Include Converting Hotels and Building Models.

So what did these ambitious plans contain? At a cost of $1.7 billion a year, the detention system is a vast network of federally run detention centers and about 300 state and county jails that detain 32,000 detainees every night or 370,000 in the year. But all these facts and figures don’t tell the real stories – of detainees transferred far from families and lawyers, of denied phone calls and visits, of 94 deaths – many questionable, and of the physical and verbal abuse that surfaces time and time again.

The reforms have emerged out of a comprehensive review conducted by Dora Schriro, the former ICE Office of Detention Policy and Planning Director, and focus on greater federal oversight, special attention to detainee medical care, and a desire to treat different types of detainees according to the level of ‘risk’ they present. As Secretary Napolitano herself pointed out, “we are taking a non system and making it into a system that will allow enforcement of our immigration laws but will also convince the American people that we are abiding by conditions of safety and security in the most cost effctive way possible.”

So proposals include presenting Congress with a plan for alternatives to detention to in the fall, placing detainees in alternative models of detention including converted hotels, nursing homes and other residential facilities, centralizing management of the detention system, and increasing oversight at facilities. Some will take more time than others, such as the implementation of an online system for families and lawyers to locate detainees or developing newer centers.

For years, advocates have been speaking of the need to distinguish between detainees, and to stop detaining those that are neither a flight risk, nor a danger to the community. We have been calling for better medical care and stopping the for profit detention system without legally enforceable standards. It’s good to see some steps in the right direction.

But there will continue to be problems. For one,  what happens to those in detention already. The NYT cites an example of a woman who needs urgent medical care in the Glades County Detention Center and has been struggling to get medical help since the last 5 months. Secondly, while we welcome the promise of alternatives to detention, we hope that this includes community based alternatives, and not all invasive models such as ankle bracelets. And thirdly, we still want to see legally enforceable standards in place, so those that default on their responsibility can be held accountable.

As a NYT editorial says,

“The Obama administration… is pushing back with an effort to be sane and proportionate. If the reforms announced on Tuesday work half as well as promised, the country will be closer to a detention system it does not have to be ashamed of.”

Posted by madhuri on October 6th, 2009 in Blog, Detention, Immigration | Tags: , , , , , , , , , , , , , , , , | 7 Comments »

The life and soul of immigration…

Picture 2Even as we skirt the issue of immigration, our museums and movies are seeing to it’s life and soul. A network of 13 U.S. museums has hit upon a unique idea - to craft a new vision of immigration in locations connected to history by understanding how previous generations have faced and tackled these issues before us.

If it’s sounding a little fluffy, let me give you some amazing examples of what’s being done. In Chicago, a city with a rich labor movement, intersections between healthcare, labor, and civil rights are being explored to envision the city’s future. In Detroit, an emphasis is on putting a face to Detroit’s newcomers and their integration into its urban culture. And in Charlotte, recent and longtime residents are finding ways to live together in the transitions of a rapidly changing city.

The museums are part of the International Coalition of Sites of Conscience, a network of historic sites that remind us of past struggles and connect these to modern times.

Meanwhile, the New York Times has depicted one man’s personal journey to America, drawing the frightening parallels between America’s immigrant past and present. Tun Funn Hom, an 88 year old Chinese American man, entered the U.S. as a “paper son” with false identity papers because of restrictive laws, including the Chinese Exclusion Act, a law that barred native Chinese from naturalizing. He was ultimately given citizenship expedited by his service in the military. His life story has been made into a 4 minute video on permanent display at the Museum of Chinese in America.

And finally, Amreeka is playing at theaters now, a feel good, often amusing film about life for a Palestinian single mother with starry eyed hopes in small town Illinois – “a bittersweet search for a place to call home.”

Photo courtesy of www.changingplacesproject.org

Posted by madhuri on October 1st, 2009 in Blog, Immigration | Tags: , , , , , , , , , , , , , , , , | No Comments »

What does Lou Dobbs have to do with racial profiling?

The immigration community is revving up to counteract race and immigration based hate politics.

In my last post, I spoke about the pervasive problem of racial and religious profiling. The Rights Working Group has decided to do something about it with the launch of the Racial Profiling: Face the Truth campaign today! Profiling affects a broad range of communities, including Native American, African American, Latino, Arab, Muslim and South Asian communities. Not only is it a humiliating and degrading practice, but it belies the very values that America stands for. With over 45 organizations including us supporting the campaign, as well as Congressman Conyers and Senator Feingold from both houses committed to enacting legislation to ban racial profiling, we have hope for success.

Meanwhile, America’s Voice have launched the Drop the Hate, Drop Dobbs campaign asking CNN to drop Dobbs’ show which paints an ugly picture of race-baiting, fear, and intolerance. They are fighting back with an amazing TV ad and need contributions to make it air! So go on and do your bit.

Picture 2

In Washington, the Detention Watch Network is gearing up for its annual conference (yes, we will be attending and presenting a workshop on strategic communications) to mobilize folks around detention issues. A little birdie also told us it will be the space to launch their latest campaign (more on that later!). Can’t help but quote from this editorial in the New York Times.

While Ms. Napolitano and her team promise to make detention a “truly civil” system, they show no interest in reforming the corrupt mechanisms that feed it.

Posted by madhuri on September 23rd, 2009 in Blog, Detention, Due Process, Enforcement, Immigration | Tags: , , , , , , , , , , , , , | No Comments »