Category Archives: Detention

ACTION: Hold DHS Accountable

dwnrwg

National Week of Action April 8-15, 2009

Take action to demand Department of Homeland Security (DHS) oversight and meaningful reform to protect our communities’ due process and human rights.

In its first 100 days, the Obama Administration has taken some important steps to hold the DHS accountable.   However, fundamental reform is needed to ensure that DHS is held accountable to enforcing our immigration laws in a sensible and fair manner.

TAKE ACTION!

During this National Week of Action from April 8-15, demonstrate your community’s need for DHS accountability and reform:

  • Visit Congressional representatives in their home districts to raise awareness for the need for DHS reform.
  • Hold vigils outside of local ICE offices or detention facilities.
  • Host a community conversation to share the stories of those who have been affected by inhumane and unfair DHS policies.
  • Write letters to the editor of your local and regional newspapers to explain the need for DHS reform.

Register your action with the Rights Working Group and Detention Watch Network.

Join the Rights Working Group and Detention Watch Network on a national call on March 19th to learn more about how to participate in the National Week of Action to Hold DHS Accountable! RSVP for the March 19th call at 1:00pm ET/10:00am PT.

Widow Sues after Husbands Death in Detention

As some of you know, I have been following the story of Hiu Liu “Jason” Ng, a 34 year old Chinese immigrant who died while in custody, after being denied access to medical care. Last month a report was released that documented the cruel and inhumane treatment that Ng received at the Donald W. Wyatt Detention Facility in Central Falls, NY.

Now, Ng’s widow, Lin Li Qu is filing a lawsuit against both the detention facility and ICE.

“They treated him like he was a piece of furniture. They treated him like an animal,” said Jack McConnell, a volunteer lawyer for the Rhode Island chapter of the American Civil Liberties Union, which filed the lawsuit on behalf of Ng’s widow.

Let’s hope that this lawsuit allows more light to be shed on the appalling conditions of immigrant detention in this country.

Report Condemns Treatment of Immigrant Detainee

This past August, I posted on the story of an immigrant detained for overstaying a visa, who then died in custody after suffering neglect and abuse at the hands of detention facility employees.

Yesterday, Nina Bernstein of the NY Times reported on the investigation into this case.

The federal investigation began last summer, soon after The New York Times reported on the death of Mr. Ng, 34. His extensive cancer and fractured spine had gone undiagnosed, despite his pleas for help, until shortly before he died in custody on Aug. 6.

Kelly Nantel, a spokeswoman for the federal agency, said the investigation showed that supervisors at the Wyatt detention center had in effect prevented Mr. Ng from meeting with his lawyer by refusing him the use of a wheelchair when he was too ill and in too much pain to walk.

The 33-page investigation report also found that the guards and medical staff, acting on orders of the warden, violated the jail’s policy on the use of force when Mr. Ng was dragged to a van for a trip to Hartford, where his lawyers say he was pressured to withdraw all his appeals and accept deportation.

jail

The treatment of Mr. Ng was absolutely appalling – to merely call it an injustice is an understatement. But, we must also remember that his detention itself was hardly warranted. Like  many others, he was a victim of the convoluted and broken immigration system.

Mr. Ng, who had no criminal record, overstayed a visa years ago and had been applying for a green card through his wife, a United States citizen, when he was taken into detention in July 2007 and shuttled through jails and detention centers in three New England states.

Not only was Mr. Ng attempting to gain citizenship through the proper procedures, but he was married to an American citizen. If our system can fail Mr. Ng so egregiously, shouldn’t there be a change? Stories like this add to groundswell of voices calling for Just and Humane Immigration Reform in the new administration. We have a responsibility to create a system that works for everyone, for Mr. Ng, and for so many others who have been victims of failed policies.

Video Game Tells the Untold Story of Immigrants in Detention

In recent months, I have frequently posted on the inhumane conditions of immigrant detention. From the story of Ana Romero, whose suspicious death is still haunting her Kentucky community, to Hiu Lui “Jason” Ng, who died after being systematically ignored by prison guards while cancer ate away his health, the injustice is shocking.

Now, Breakthrough has an interactive site called “Homeland Guantanamos - The untold story of immigrant detention in the United States.” Homeland Guantanamos is a video game that puts the player in the position of a journalist, and walks them through many of the factual aspects of immigrant detention.

The New York Times featured the game in a recent article, stating:

The fictional framework plays fast and loose with traditional rules of journalism — the reporter takes an undercover job as a detention guard and writes a first-person appeal for change rather than an article — but the content encountered along the way is backed by links to real newspaper articles, court documents and other factual material.

The game is an homage to Boubacar Bah, an immigrant who died in detention after being denied medical care in 2007. In the video game,

..the player [is] a reporter seeking clues in the death of Mr. Bah, 52, who suffered a skull fracture and brain hemorrhages in the Elizabeth Detention Center in New Jersey. A cartoon guide leads the way to actual video testimonials of former detainees and information that unlocks the mystery of Mr. Bah’s fate.

In the end, the game leads you to a memorial wall, with the names of the more than 87 detainees who have died since 2003.

ICE Announces New Detention Standards

On Friday, Immigration and Customs Enforcement unveiled a new “performance-based” system of standards for immigrant detention facilities.

U.S. Immigration and Customs Enforcement (ICE) announced today the publication of forty-one (41) new Performance-Based National Detention Standards, four of which are new including: News Media Interviews and Tours, Searches of Detainees, Sexual Abuse and Assault Prevention and Intervention, and Staff Training. The performance-based standards will be implemented over the next 18 months to ensure that ICE continues to provide excellent care to those in custody. These standards are one part of ICE’s comprehensive approach to detention oversight, which also includes facility quality assurance, inspection contracts and the publication of semi-annual reports. The enhanced standards will take full effect in all facilities housing ICE detainees in January 2010.

I’m not exactly sure what this will mean in terms of real change for immigrant detention facilities, but I am sure about one thing – ICE is responding to all of the media attention around awful standards and immigrant deaths in detention. I guess its a step in the right direction, but it is not nearly enough.

Paying the Price for not Having the Money

Today, the LA Times has an article highlighting how difficult it is to obtain adequate legal representation in our country’s Immigration Courts.

Unlike defendants in criminal courts, individuals in immigration court do not have the right to free representation. Though there are no local statistics on the number of people who appeared in immigration court without lawyers, 58% of respondents nationwide were unrepresented, according to the Executive Office for Immigration Review, which oversees the courts.

“Immigration laws are extremely complex,” said Immigration Judge Dana Leigh Marks, president of the National Assn. of Immigration Judges. “It’s a tremendous aid to us when someone is competently represented.”

But finding an inexpensive or free attorney can be extremely difficult, advocates and lawyers said. And the stakes are high: Foreigners can face deportation, family separation and even political persecution.

And with the increase in raids and “enforcement only” tactics, the number of immigrants being pushed through the judicial system on Immigration charges is steadily increasing. Without the expertise of an Immigration Attorney, the majority of people have absolutely no shot at a favorable outcome – even if the law is on their side.

Advocates said the situation is worse for detained immigrants, who may have an even harder time finding attorneys. To address this, the federal government contracts with organizations to provide legal orientation in immigration detention centers nationwide.

Locally, attorneys from Catholic Charities of Los Angeles visit the Mira Loma Immigration Detention Center in Lancaster three times a week to inform detainees of their rights and to try to match some with attorneys willing to work at no cost.

During a presentation this spring, Julianne Donnelly, director of Catholic Charities’ immigrant rights project, told detainees that she was there to answer their questions about the law, and explain possible defenses against deportation and how they can obtain a bond.

But Donnelly said the orientation is a “short-term fix for the larger problem.”

“It’s immigration law 101 in two hours,” she said. “How much can you really take away from that?”

 

Largest Workplace Raid in History – Laurel, Mississippi

Last Monday, Immigration and Customs Enforcement raided Howard Industries in Laurel, MS, arresting nearly 600 unauthorized immigrant workers.

The raid surpassed May’s raid in Postville Iowa as the largest workplace raid in history, and it continues the increasingly aggressive enforcement only policy of the current Bush administration.

Media coverage of the raid was sparse, since it coincided with the first night of the DNC and Michelle Obama’s powerful appearance. However, the little attention given to the raid worked to hype up racial and non-union/union worker tentions.

From the LA Times:

It was the black co-workers who clapped and cheered, Pena said, as she and hundreds of other Latino immigrant laborers were arrested and hauled away.

“They said we took their jobs, but I was working from 6 a.m. to 8 p.m.,” said [Fabiola] Pena, 21, a day after the raid last week that resulted in the arrest of nearly 600 suspected illegal immigrants. “I didn’t see them working like us.”

And from the Washington Post:

One worker caught in Monday’s sweep at the Howard Industries transformer plant said fellow workers applauded as immigrants were taken into custody. Federal officials said a tip from a union member prompted them to start investigating several years ago.

However, there are reports coming out of Mississippi that the raid was politically and financially motivated. Not only does Howard Industries have close ties to the MS state government, but there was a growing coalition of workers pushing for better conditions and union contracts with the company.

There is a great analysis of this at New American Media:

Jim Evans, a national AFL-CIO staff member in Mississippi and a leading member of the state legislature’s Black Caucus, said he believed “this raid is an effort to drive immigrants out of Mississippi. It is also an attempt to drive a wedge between immigrants, African Americans, white people and unions – all those who want political change here.” Patricia Ice, attorney for the Mississippi Immigrant Rights Alliance (MIRA), agreed that “this is political. They want a mass exodus of immigrants out of the state, the kind we’ve seen in Arizona and Oklahoma. The political establishment here is threatened by Mississippi’s changing demographics, and what the electorate might look like in 20 years.”

Basically, unions were working to increase their immigrant membership, in order to ensure fair pay and good conditions for all Howard employees. This is when the raid occurred.

I have posted before about the idea of raids as union-busting efforts, and this seems to be no different.

Additionally, there were multiple financial reasons for going after Howard Industries. For more on this analysis, check out this blog post at Immigration talk with a Mexican American. The post connects the dots between the current Bush Administration, Howard Industries (whose CEO is a big-time GOP contributor), and GEO Corp (who runs the Jena, LA detention center where detainees are currently being held).

The media should start covering the real story behind these raids. The Bush administration is denying due process and basic human decency to thousands of workers, while big business and government continue to profit both financially and politically.

For more on this perspective check out this post at VivirLatino.

Ill and in Pain, Detainee Dies in U.S. Hands

Today, in the New York Times, Nina Bernstein has a heartbreaking article about yet another immigrant detained and denied the medical treatment he so desperately needed. Everyone should read it.

Also, for those of you out there who will shout that he “got what he deserved”, please note that he tried to use the current pathways to legalization and was denied. After being shuffled through our broken system, he was sent to our equally broken detention system, where he slowly died as cancer took over his body.

Stories like this make me want to crawl into bed and sleep. The injustice is exhausting. But, for those of us who are trying to right the wrongs and empower the exploited, there is work to be done – for Hiu Lui “Jason” Ng and for countless others.

VIDEO: Immigration Detention in 2008

VIDEO: A Hidden System

Our government’s current “enforcement only” policy towards immigration continues detain and deport immigrants across the country. The system used in this policy, however, is extremely secretive. Practices include: blacking out windows on buses transporting immigrants, denying due process during legal proceedings and forbidding families from contact with their detained loved ones. In short, the system is ripe for widespread abuse.

The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) has released a video called “A Hidden System”. Our immigration policy is broken and people are suffering abuse and injustice as a result.