AIC: DATA IN NEW REPORT CLEARLY SHOWS THAT FAMILY DETENTION DIMINISHES DUE PROCESS WITHOUT OFFSETTING POSITIVES – So, Why Do Administrations Of Both Parties Keep Resorting To, & Even “Doubling Down On” This Expensive, Wasteful, & Repugnant Practice?

http://immigrationimpact.com/2018/08/16/detention-family-separation-government-data/#disqus_thread

Tory Johnson reports in Immigraton Impact:

In the wake of the government separating thousands of asylum-seeking families, the Trump administration has scrambled to reunite families. In place of family separation, the administration is pursuing the expansion of an equally horrific practice: holding families in detention camps. This practice has sadly persisted in the United States since 2001.

Neither option—separation or detention—is suitable for families. According to a recent study that analyzed 15 years of government data, detention poses significant barriers to justice for asylum-seeking families. The study’s findings, released this week in a report from the American Immigration Council, provide further evidence that detaining families seeking protection is unnecessary, costly, and inhumane.

The United States currently detains more asylum-seeking families than any nation in the world—even without the expansion proposed by the current administration. This practice has skyrocketed since 2001, when the United States began operating the first detention center to exclusively hold families. But what do we know about the impact of detaining families?

Until now, there was little information about how detained families fare in the immigration court process and what barriers they face in pursuing their asylum claims. “Detaining Families: A Study of Asylum Adjudication in Family Detention” is the first empirical study of family detention and the U.S. immigration court process. The report presents the analysis of government records from more than 18,000 immigration proceedings initiated between fiscal years 2001 and 2016, which involved families held in one of five family detention centers in the United States.

The findings detailed in the report are vital as the government weighs policies that affect asylum seekers and the immigration courts. The report reveals that over the course of 15 years, the United States relied on—and overused—detention in various ways to imprison families seeking asylum, sometimes for prolonged periods.

The thousands of family members included in the study faced serious barriers accessing the court system and a fair asylum process. Notably, the report finds that access to legal representation is limited in detention and in fast-track removal proceedings. Having counsel is critical when navigating the U.S. immigration system—and may be the difference between life and death for an asylum seeker.

These hurdles are particularly concerning given the findings from the period studied (2001 to 2016), which show that families pursue viable claims for protection and had increased representation when released from detention.

Specifically, the main findings discussed in the report include:

  • Family members who were released from detention had high compliance rates; the overwhelming majority (86 percent) of family members released from detention showed up for their court hearings.
  • Representation increased among family members who were released from detention; 76 percent of released family members were represented by counsel at their most recent merits hearing, whereas only 47 percent of family members who remained detained had counsel.
  • Family members who were released from detention and obtained counsel had a relatively high rate of success in their completed cases; 49 percent of released family members with counsel successfully obtained relief from removal. This rate dropped significantly for unrepresented family members who remain detained—only 8 percent had the same success in their cases.

In addition, the report reveals the important role that the immigration courts can play in maintaining due process in asylum proceedings. While the courts are vulnerable to variability based on different jurisdictions, they serve as a vital check on the detention decisions of immigration officials. For example, in the period studied, Immigration and Customs Enforcement (ICE) officers issued initial custody decisions that unnecessarily prolonged the detention of families. These decisions were regularly overturned after immigration judges found that family members were eligible for release.

The study adds to mounting evidence against family detention, underlining the fact that detaining families is unnecessary, costly, and inhumane. In contrast, the study’s findings provide strong support for different policy choices—ones that uphold access to justice for families and respect a system with checks and balances.

As a country, we must choose policies in line with our values and end the horrible practice of detaining families. Family unity does not, and should not, require imprisonment.

***************************************

One obvious answer as to why this horrible and counterproductive practice remains prevalent across Administrations of both parties: although punishment, deterrence, and “sending messages” are not appropriate reasons for immigration detention, that’s what’s really at work here. Even though there is little or no documentable “deterrent value” to such detention, Administrations of both parties like to send “hard-line border enforcement” messages to certain constituencies. Add to that individuals and entities from both parties who stand to profit from immigration detention, and you have a prescription for a major disaster.  Not surprisingly, that’s exactly what overuse of immigration detention has been!

Ironically, the Trump Administration’s widespread public misuse of immigration detention has focused public attention on its immorality and wastefulness, and therefore might ultimately lead to the curtailment of the practice.

PWS

08-20-18

GONZO’S WORLD: AS PREDICTED, TRAC SHOWS HOW SESSIONS’S RACIALLY INSPIRED “ZERO TOLERANCE” CHILD ABUSE INITIATIVE AT THE SOUTHERN BORDER HAS REDUCED PROSECUTIONS FOR REAL FEDERAL CRIMES!

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. The push to prioritize prosecuting illegal border crossers has begun to impact the capacity of federal prosecutors to enforce other federal laws. In March 2018, immigration prosecutions dominated so that in the five federal districts along the southwest border only one in seven prosecutions (14%) were for any non-immigration crimes. But by June 2018, this ratio had shrunk so just one in seventeen prosecutions (6%) were for anything other than immigration offenses.

Federal prosecutors are responsible for enforcing a wide range of important federal laws – designed to combat narcotics trafficking and weapons offenses, battle those polluting air and water, counter corporate and other schemes to defraud the public, and much more. There is a combined population in these five southwest border districts of close to 30 million people. However, the number of prosecutions for committing any non-immigration crimes dwindled from a total of 1,093 in March 2018 to just 703 prosecutions in June 2018.

Meanwhile, immigration prosecutions continue to climb. The latest available case-by-case records for June 2018 reveal a total of 11,086 new federal prosecutions were brought as a result of referrals from Customs and Border Protection in the five federal judicial districts along the southwest border. June numbers were up 20.3 percent from the 9,216 such prosecutions recorded during May, and up 74.1 percent over March figures. Despite this increase, only 46 percent of all Border Patrol arrests of adults in June were criminally prosecuted.

The number of families arrested by the Border Patrol showed little indication of materially dropping. Numbers have remained quite similar during April, May and June. This meant that Border Patrol officials still had to pick and choose which adults to refer to federal prosecutors, and which adults not to criminally prosecute.

To read the full report, including additional details by district, go to:

http://trac.syr.edu/immigration/reports/524/

In addition to these most recent overall figures, TRAC continues to offer free monthly reports on selected government agencies such as the FBI, ATF, DHS and the IRS. TRAC’s reports also monitor program categories such as official corruption, drugs, weapons, white collar crime and terrorism. For the latest information on prosecutions and convictions through June 2018, go to:

http://trac.syr.edu/tracreports/bulletins/

Even more detailed criminal enforcement information for the period from FY 1986 through June 2018 is available to TRACFed subscribers via the Express and Going Deeper tools. Go to http://tracfed.syr.edu for more information. Customized reports for a specific agency, district, program, lead charge or judge are available via the TRAC Data Interpreter, either as part of a TRACFed subscription or on a per-report basis. Go to http://trac.syr.edu/interpreter to start.

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
trac@syr.edu
http://trac.syr.edu

———————————————————————————
The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (http://whitman.syr.edu) and the Newhouse School of Public Communications (http://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to http://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

******************************************

No real surprises here.

All the adverse effects of Sessions’s White Nationalist fixation on helpless migrants, most of whom desire only to apply for refuge under our law, as they are legally entitled to do, are hard to quantify. It’s clear that there are no positives and that he has wasted taxpayer money, endangered lives, weakened law enforcement, abused children, damaged future generations, and violated both our Constitution and international human rights laws.

Yet, he goes on with his racist program with impunity — without being held truly accountable by either the Congress or the Courts. Indeed, his intended victims are most often blamed, and civil servants are stuck trying to mitigate or undo some of the worst effects. Pretty disgusting.

We need regime change while there is still some Government left to salvage.

PWS

08-06-18

 

WE MUST STOP DETAINING AND ABUSING CHILDREN! — Government’s Own Doctors “Blow Whistle” On How We Are Permanently Damaging Kids! — “[T]heir report uncovered problems including a child who lost a third of his body weight and an infant with bleeding of the brain that went undiagnosed for five days.”

https://www.nytimes.com/2018/07/18/us/migrant-children-family-detention-doctors.html?rref=collection%2Fbyline%2Fmiriam-jordan&action=click&contentCollection=undefined&region=stream&module=stream_unit&version=latest&contentPlacement=1&pgtype=collection

Miriam Jordan reports for the NY Times:

LOS ANGELES — The Trump administration, faced with a public outcry over the separation of migrant families at the Southwest border, has said it is exploring a major expansion of family detention centers. But two of the government’s own medical consultants said this week that they had identified a “high risk of harm” to migrant children housed at such facilities.

A series of 10 investigations over the past four years, conducted during both the Obama and Trump administrations, “frequently revealed serious compliance issues resulting in harm to children,” the two physicians, Scott Allen and Pamela McPherson, said in a letter to the Senate’s Whistleblower Protection Caucus.

The doctors said they had “watched in horror” as migrant children were separated from their families over the past several months in a bid to deter illegal border crossers. But they cautioned that the Trump administration’s fallback position may not be much better.

“The likely alternative — detention of children with a parent — also poses high risk of harm to children and their families,” said the doctors, who currently serve as “subject-matter experts” for the Department of Homeland Security’s Office for Civil Rights and Civil Liberties. “In our professional opinion, there is no amount of programming that can ameliorate the harms created by the very act of confining children to detention centers.”

The examinations described in their report uncovered problems including a child who lost a third of his body weight and an infant with bleeding of the brain that went undiagnosed for five days.

In a separate filing this week with a court in Los Angeles, lawyers who conducted more than 200 interviews with migrant parents and children said they had collected “shocking and atrocious” reports about conditions at various government-run detention centers, especially at the initial processing centers operated by Customs and Border Protection along the Southwest border.

The interviews in that case were conducted over the past two months, although similar reports of unpleasant and even dangerous conditions in border processing facilities had emerged even before President Trump took office and imposed the current crackdown on the border.

In the latest interviews, migrants reported freezing conditions, filthy toilets, inadequate water and food that alternately was frozen or made them vomit. “The burritos were spoiled,” one wrote. “The ham looked green,” said another.

One woman, identified in the court filing as Lidia, said she and her 4-year-old son had to wait eight hours for water when they arrived at the processing center and were given only frozen sandwiches that could not be eaten. “My son was crying from hunger,” she said.

. . . .
**********************************
Read the rest of Mariam’s article about the shocking degradation of human rights, human dignity, common sense, and moral values being carried out by this Administration, outrageously (and falsely) in the “name of the people.”
We need to both remove unsuitable individuals like Trump, Sessions, and Nielsen from office, and hold them fully accountable for the abuses they are committing! There is nothing that folks like Trump and Sessions fear more than being held accountable for their intentional misconduct! Like all child abusers, they think they can “get away with it.”
PWS
07-21-18

“JIM CROW REVIVAL” — ADMINISTRATION TELLS COURT IT PLANS “FAMILY GULAG” AS AMERICA’S COLLECTIVE MORALITY SINKS TO LOWS NOT SEEN SINCE FIRST JIM CROW ERA – Then It Was Blacks, Now It’s Browns — America’s White Nationalist Rulers Continue To Abuse Children, Persecute People Of Color, Debase Our Country, Violate Human Rights & Human Decency!

https://www.washingtonpost.com/world/national-security/trump-administration-plans-to-detain-migrant-families-for-months/2018/06/29/f9ffecb6-7bf7-11e8-93cc-6d3beccdd7a3_story.html?utm_term=.5fe0b6c4ad14

Devlin Barrett reports for the WashPost:

The Trump administration plans to detain migrant families together in custody rather than release them, according to a new court filing that suggests such detentions could last longer than the 20 days envisioned by a court settlement.

“The government will not separate families but detain families together during the pendency of immigration proceedings when they are apprehended at or between ports of entry,” Justice Department lawyers wrote in a legal notice to a federal judge in California who has been overseeing long-running litigation about the detention of undocumented immigrants.

The filing comes as the Justice Departments seeks to navigate two different court edicts — an injunction issued this week by a federal judge in San Diego that required the government to begin reuniting the roughly 2,000 migrant children still separated from their families, and an older court settlement in federal court in Los Angeles that requires the immigration agencies to release minors in their custody if they are held for more than 20 days.

In the weeks since Attorney General Jeff Sessions announced a zero-tolerance policy toward immigrants illegally crossing the U.S. border, roughly 2,500 migrant children were separated from their parents. About 500 of those children have since been reunited with their parents.

On Tuesday, U.S. District Court Judge Dana M. Sabraw in San Diego issued a preliminary injunction ordering the government to quickly reunite migrant children with their parents, saying that children separated from their families must be returned within 30 days, and allowing just 14 days for the return of children under age 5.

Under the framework of a previous court settlement in the Los Angeles case, the Department of Homeland Security has followed a general practice of not keeping migrant children in the custody of immigration agents for more than 20 days.

3:04
‘Far away from me crying’: A family torn apart at the border

Buena Ventura Martin came from Guatemala with her infant son to claim asylum in the U.S. Her husband and daughter followed, but were separated at the border.

The new filing does not explicitly say the Trump administration plans to hold families in custody beyond the 20-day limit, but by saying officials plan to detain them “during the pendency” of immigration proceedings, which in many cases can last months, it implies that families will spend that time in detention.

The Justice Department argued that while the previous settlement had compelled it to release minors “without unnecessary delay,” the new court order, “which requires that the minor be kept with the parent, makes delay necessary in these circumstances.”

President Trump has demanded an end to what critics call “catch and release” — the practice of releasing migrants from immigration detention, many of whom do not show up later for their court hearings. The administration has said 40,579 deportation orders were issued because foreigners did not appear for their hearing in the last budget year.

Civil rights groups and immigrant advocates are likely to seek additional legal action if migrant families are detained for months. What’s less clear is how the judge in the Los Angeles case, Dolly M. Gee, will view the new approach by the government, and whether she will order it changed.

The filing could spur the judge to approve long-term family detentions. Alternately, the judge may order the administration to release families with monitoring bracelets — though that could provide a political opening for President Trump and other administration officials to blame the judiciary for forcing them to let illegal immigrants into the country.

Leon Fresco, who served as deputy assistant attorney general for the Office of Immigration Litigation in the Obama administration, said officials had always had the ability to hold kids with families past 20 days — if the parents consented to it. But under President Barack Obama, Fresco said, officials felt it would be too cruel to present mothers with a Sophie’s choice between turning their child over to refugee resettlement authorities, or keeping them detained.

The latest filing, he said, indicated that the Trump administration would be at least willing to do that.

“What they want to do is put the choice to the mom, separate or not separate, but make the choice so onerous that there really is no option other than to stay in family detention,” Fresco said.

***************************************

It would be great if Judge Gee freed the families and sent Sessions, Nielsen, and the DOJ lawyers to jail for contempt! Not going to happen. Hopefully, however she will stay with the 20 day release period for kids, require the Government to use licensed facilities, and prohibit the DHS from detaining family members unless there is a demonstrated reason to deny them an affordable bond or “alternatives to detention.”

Why wouldn’t U.S. Immigration Judges release all of these folks on low bonds pending hearings? They are neither flight risks nor dangers to society under a non-biased application of the legal standards. Looks like Sessions believes he has the “Kangaroo Division” of the U.S. Immigration Courts in his pocket and has intimidated the judges into violating their oaths to uphold the Constitution. I believe that there is already a ruling in the 9th Circuit that U.S. Immigration Judges must consider “ability to pay” in setting bonds, something that obviously isn’t being done in places outside the 9th Circuit, like Texas in the 5th Circuit, where preposterous bonds, as high as $25,000, are being set by some judges in routine asylum cases!

In the meantime, as I always say, we are diminishing ourselves as a nation but it won’t stop human migration. The Trump Administration is, however, “sending a message” that the U.S. legal system is just as much a fraud as those in their home countries. So, if folks need refuge, they should pay a smuggler to get them into the interior where ICE probably will never find them. Smugglers will get rich, folks will die, refugees will have to live underground subject to exploitation, and Putin will be delighted.

The corrupt Trump and his minority White Nationalist regime are overthrowing the American Republic and burying the Constitution. And, Putin hasn’t had to fire a shot. The Republican Party and their supporters are handing our country over to him quite willingly.

PWS

06-30-18

DOUG CRISS @ CNN: NEWS FROM THE KAKISTOCRACY: EXPOSING AMERICA’S “KIDDIE GULAG” — PUBLIC FINALLY STARTING TO GRASP THE UGLY TRUTH — SESSIONS, TRUMP, & NIELSEN HAVE INSTITUTED A NATIONAL POLICY OF CHILD ABUSE – BROAD SPECTUM IS FINALLY SPEAKING OUT AGAINST IMMORAL AND DISINGENUOUS ACTIONS OF OUR SO-CALLED “LEADERS!”

https://www.cnn.com/2018/06/15/us/five-things-june-15-trnd/index.html

Doug writes:

Criticism is heating up over the Trump administration’s decision to separate children from parents who cross the border into the US illegally. Rallies against it were held yesterday across the country. Attorney General Jeff Sessions and White House press secretary Sarah Sanders tried to use the Bible to justify the policy, but that only seemed to tick people off more. CNN’s Bob Ortega went inside the largest facility where children are being held. It’s in a former Walmart superstore in Brownsville, Texas, and holds almost 1,500 kids. Religious groups have spoken out against the policy, and now medical organizations — like the American Academy of Pediatrics, the American College of Physicians and the American Psychiatric Association — are sounding the alarm as well.

******************************************

Wow! What a great, concise, clearly written report! Doug says a lot in five sentences with helpful links to help us understand how evil Sessions actually is. Compare real writing like this with the 30 or so pages of turgid legal prose and gobbledygook that Sessions spewed forth in Matter of A-B- in an attempt to mask his evil intent and unlawful actions!

Time for folks to stand up fight this horrible individual who is abusing his office and power and attacking America’s and the world’s future!

Evil is evil! Call Sessions out, and demand that the Article III Courts and Congress put an end to this disgusting abuse!

DUE PROCESS FOREVER! JEFF SESSIONS NEVER! JOIN THE NEW DUE PROCESS ARMY TODAY AND FIGHT EVIL AND INJUSTICE FROM BORDER TO BORDER, SEA TO SEA, UNTIL IT IS BANISHED FROM OUR LAND FOREVER! END THE KAKISTOCRACY THAT IS RUINING AMERICA!

PWS

06-14-18

 

“DUH” OF THE DAY: Official Policies Of Child Abuse, The “New American Gulag,” & Routinely Denying Constitutional Due Process Fail To Stem Refugee Tide On Southern Border!

https://www.washingtonpost.com/world/national-security/illegal-border-crossings-remained-high-in-may-despite-trumps-crackdown/2018/06/01/aab543ae-65a9-11e8-a768-ed043e33f1dc_story.html?utm_term=.3943d1d60e43

Nick Miroff reports for WashPost:

The number of migrants attempting to cross illegally into the United States remained high last month, according to administration officials and Border Patrol agents, an early indication that “zero tolerance” measures separating parents from their children and President Trump’s deployment of National Guard troops have not had an immediate deterrent effect.

The Department of Homeland Security is expected to publish its closely watched monthly arrest totals in coming days, and Trump administration officials are bracing for a new eruption from the president. He has treated the statistics as a gauge for the success of his hard-line immigration policies, and when border arrests fell to historic lows in the months after his inauguration last year, Trump touted the decrease as a personal triumph.

Since then, migration trends have reversed. In March and again in April, border arrests exceeded 50,000, the highest monthly totals of Trump’s presidency, sending him into fits of rage, aides say. Trump unloaded on DHS Secretary Kirstjen Nielsen during a Cabinet meeting May 9, scorching her for nearly 30 minutes over the spike in illegal crossings, while demanding she “close” the border.

The Trump administration is preparing to renew its push for an $18 billion border wall plan that would also tighten asylum procedures and overhaul other laws Trump officials say are encouraging illegal behavior. Trump has threatened to shut down the government this fall if Democrats don’t provide the funds.

But with midterm elections approaching and the president preparing to campaign on his border crackdown, Nielsen and other Homeland Security officials do not appear to be satisfying his strict enforcement targets. May’s arrest totals are expected to be at least as high as the previous two months, administration officials and Border Patrol agents said.

Large groups of Central American migrants have been taken into custody in the Rio Grande Valley of South Texas in recent weeks, according to Border Patrol agents, speaking on the condition of anonymity because they are not authorized to discuss operations. During one 24-hour span last month, 434 migrants were processed at the Border Patrol station in McAllen, agents said.

Department of Homeland Security Secretary Kirstjen Nielsen and President Trump have had a contentious relationship as illegal border crossings increase.

“The numbers have been very high,” said one agent assigned to the Rio Grande Valley, the nation’s busiest corridor for illegal migration. “It’s to the point that we have had to bring in buses to come out and load these folks up, or send four of five vans at a time.”

 

 

Another agent said so many migrants were apprehended in the Rio Grande Valley last month that many were diverted to other sections of the border for processing. The Justice Department has reassigned additional prosecutors to the border region to increase the number of migrants it charges with federal crimes, but one veteran border agent said it was “too early to tell” if the tougher enforcement measures were giving pause to migrants thinking of making the journey from Honduras, El Salvador and Guatemala.

“It’s going to take longer for the message to get back to those countries,” the agent said.

On Friday, Homeland Security officials would not say whether the tougher enforcement measures were meeting their goals. They said the May border arrest totals were not ready for publication, and they would not confirm whether the figures have been sent to the White House.

“The bottom line is Congress needs to act and close loopholes that serve as a tremendous pull factor for illegal immigration,” said Tyler Houlton, a DHS spokesman. “The Trump administration is restoring the rule of law by increasing prosecutions of illegal border crossers.”

According to a Trump adviser, the president was warned this spring that illegal border crossings were likely to increase. Trump said at the time he would not be satisfied with any such surge and everything needed to be done to block it. That led to the decision to deploy the National Guard.

The number of illegal border crossings “is going to go higher and higher yet,” said the adviser. “You’re going to see a line that goes up all summer long.”

Trump has not been briefed on the May arrest numbers yet, two advisers said.

In a statement late Friday, Trump senior adviser Stephen Miller blamed Democrats for blocking the president’s immigration overhaul.

“The illegal migrant crisis is the exclusive product of Democrats’ shameless refusal to close catch-and-release loopholes that cartels exploit to smuggle illegal aliens into the United States at great cost in taxpayer dollars, jobs and, too often, lives,” Miller said.

Weak border enforcement remains the biggest incentive to illegal migration, according to Miller. “We must end catch-and-release by reforming our asylum laws, and establishing expedited removal, to stop the smuggling and defend the nation,” he said.

As in recent years, many of those taken into custody last month were teenagers or parents traveling with children, and the administration has triggered broad condemnation for separating more families with its push to prosecute anyone who crosses illegally.

More than 10,800 migrant children were in federal custody as of May 31, according to the Department of Health and Human Services, up 21 percent since the end of April. The agency’s shelters are 95 percent full, and HHS officials say they are preparing to add thousands of additional beds to cope with the increase.

A Border Patrol agent in South Texas said the family separation measures were not being applied as broadly as assumed. Some parents who face federal charges are apart from their children for only several hours, then released and assigned a court date, the agent said.

“To us, that’s still ‘catch-and-
release,’ ” the agent said. “People are going to continue to come.”

Arrests along the Mexican border peaked at more than 1.6 million in 2000, then fell sharply during the Obama administration. During the government’s past fiscal year that ended in September, U.S. agents made 303,916 arrests, the lowest total since 1971.

Trump’s fixation is driven, in part, by a view that border security is paramount to his most fervent supporters and that immigration is a winning issue for Republican candidates in November’s congressional elections.

“I’m very proud to say that we’re way down in the people coming across the border,” Trump said in January. “We have fewer people trying to come across, because they know it’s not going to happen.”

The arrest numbers began shooting upward soon after that, from 36,682 in February to 50,296 in March. The yearly total for 2018 is on pace to approach or exceed 400,000, a level more consistent with migration patterns of the past five years, DHS statistics show.

During a visit Thursday to the Nogales border crossing in southern Arizona, Nielsen called the increase in illegal migration a crisis and said Homeland Security officials were working to “end this lawlessness.”

The country’s borders are being violated “by criminals, by smugglers and by thousands of people who have absolutely no respect for our laws,” she said.

“This is changing, it will change, and we will do all that we can to change this,” Nielsen added, emphasizing that the “zero-tolerance” approach announced in April will be applied as aggressively as possible.

“If you come here illegally, whether you’re single, whether you have a family, whether you’re a smuggler or whether you’re a trafficker, you’ve broken the law, so we’re prosecuting,” she said.

On Friday, Democratic members of the House Judiciary Committee sent a letter to Nielsen and Attorney General Jeff Sessions demanding information on the administration’s enforcement efforts, including the number of children who have been separated from their parents and whether there are formal procedures to reunite them.

Border arrests typically rise during spring months, when seasonal labor demands increase. Farms across the Midwest are becoming desperate for workers, with the U.S. unemployment rate at the lowest level since 2000. Lawmakers from both parties have told Nielsen that worker shortages are squeezing an array of industries in their states, and the DHS said last week that it will issue 15,000 seasonal guest-worker visas.

But border agents said much of the increase this spring seems to be driven by the same groups — families and teenagers traveling alone — who have been straining Homeland Security capacity since the 2014 crisis that left Border Patrol stations overflowing.

Photos of recent mass arrests provided by one agent show migrants of all ages walking through willow groves along the Rio Grande or lined up in federal custody along the river levees, waiting to board government buses.

Josh Dawsey contributed to this report.

********************************************

No surprises here. “Toldja so” back when Trump unwisely declared “Victory at Sea” after a few months of reduced border apprehensions. Since Trump is proudly ignorant of history, he apparently didn’t study what happened to Bushie II after he declared “Victory in Iraq” or his “Heck of Job, Brownie” moment. Nor does he have any idea of the actual dynamics driving human migration. That’s the problem with policies driven by racism, bias, xenophobia, and White Nationalism.

Also, trying to rewrite the Constitution and international protection law, as Trump, Sessions, Miller, Cotton, and the rest of the White Nationalist Gang would dearly like to do, to deny established legal rights won’t work either. In fact, it would make things 10X worse.

The laws aren’t the problem!  The problem is the people charged with implementing them.

We can diminish ourselves as a nation, (and in fact, we are diminishing under Trump) but it won’t stop human migration!

 

PWS

06-02-18

POST EDITORIAL SLAMS INSTITUTIONALIZED CHILD ABUSE BY TRUMP’S IMMIGRATION KAKISTOCRACY! — Human Rights Abuses “Business As Usual” Under Anti-Values Administration!

https://www.washingtonpost.com/opinions/the-trump-administration-traumatizes-children-in-the-name-of-scaring-migrants-away/2018/04/29/fe779b50-4a5a-11e8-827e-190efaf1f1ee_story.html?utm_term=.f866c5f999d8

The WashPost Editorial Board writes:

April 29 at 7:46 PM

INFANTS, TODDLERS, tweens, teens — Trump administration officials are less interested in the age of an unauthorized child migrant than they are in removing the child from his or her parents as a means of deterring illegal border-crossers. That plan, first floated by White House Chief of Staff John F. Kelly last year when he was homeland security secretary, was widely regarded as so callous and such a radical departure from historical practice that it was unthinkable for any U.S. government.

If only.

In fact, not only has the idea of systematically separating undocumented children and parents gained currency among top officials determined to turn the tide on illegal entry, it’s already happening with increasing frequency. The Department of Homeland Security insists it has not adopted the practice as a matter of official policy — despite White House pressure to do so — but administration officials acknowledge that hundreds of children, including scores younger than 4, have been taken from their parents in the past few months.

By now it’s clear that there are few red lines President Trump is unwilling to cross in his crusade to rid the United States of undocumented immigrants. For Mr. Trump, having washed his hands of the “dreamers” — young migrants, most in their 20s, raised and educated in the United States after being brought here as children — it’s hardly a moral leap to inflict lasting psychological damage on younger children by taking them from their parents if it will further his goal of combating illegal immigration.

As reported by The Post’s Maria Sacchetti, top immigration and border officials have recommended that all parents who enter the country illegally with their children be detained and prosecuted, meaning the automatic separation of minors, who cannot legally be held in jails or detention centers designed for adults. Until recently, that was extremely uncommon; most parents who crossed the border with children would be released pending an immigration court hearing, or, in some cases, detained together in a facility designed for families. Prosecuting parents for illegal entry, a misdemeanor under federal law, has been exceedingly rare — specifically because of the harm it would cause blameless children.

In addition, many of the parents who would be prosecuted are eligible under U.S. law to seek and be granted asylum. That’s hardly a stretch for migrants from El Salvador and Honduras, beset by drug cartels, gang violence, domestic abuse and some of the world’s highest homicide rates. In the last three months of 2017, more than two-thirds of the 30,000 asylum seekers crossed into the country illegally — and it is far-fetched to exempt from prosecution only those who announce themselves as asylum seekers at legal ports of entry, as Homeland Security officials propose. Are desperate, impoverished people fleeing violence to be penalized because they enter the United States in the wrong place?

The United States has a legitimate interest in deterring illegal border-crossing. It is within its rights to detain and deport individuals and families who fail to make a persuasive case for asylum. But to splinter families and traumatize children in the name of frightening away migrants, many of whom may have a legitimate asylum claim, is not just heartless. It is beyond the pale for a civilized country.

********************************

Pretty ugly! Eventually our country, particularly future generations, will pay a high price for abandoning civilized values and human decency. The world is watching and the historical record is being made of the Trump Administration’s cowardly response to humanitarian tragedies and the folks who are enabling him and his White Nationalist cronies.

Get on the “right side of history!” Join the New ‘Due Process Army!”

PWS

04-30-18

ROBIN UREVICH TAKES US INSIDE THE DEADLY “NEW AMERICAN GULAG” OPERATED BY THE DHS — “Civil Detainees” Are Dying At A Rate Of About One Per Month In The Hands Of Our Government — Many Think Some Of These Deaths Were Preventable!

The fabulous investigative reporter Robin Urevich with continuing coverage from Capitol & Main’s “Deadly Detention Series:”

https://capitalandmain.com/deadly-detention-self-portrait-of-a-tragedy-0314

“Deadly Detention: Self-Portrait of a Tragedy

Co-published by International Business Times
The missteps and errors of ICE and its contractors have led to concerns about the safety of immigrant detainees with mental health issues.

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Robin Urevich

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Photo: Robin Urevich


A suicidal detainee never got the mental health care he needed and was placed in a cell that contained a known suicide hazard,
a ceiling sprinkler head.


Co-published by International Business Times

Sometime after midnight in mid-May of 2017, 27-year old JeanCarlo Jimenez Joseph fashioned a noose from a bed sheet and hanged himself in his solitary confinement cell at the Stewart Detention Center, located in the pine woods of southwest Georgia. Stewart’s low-slung complex lies behind two tall chain-linked fences, each crowned with huge spirals of glinting barbed wire. Beginning in 2006, the facility began to house undocumented immigrants detained by U.S. Immigration and Customs Enforcement.

Jimenez’s fall sounded like a sledgehammer blow, said 20-year-old Abel Ramirez Blanco, who was also in segregation at Stewart that night. Another detainee, Miguel Montilla, had peered through the metal grate on his door and saw guard Freddy Wims frantically knocking at Jimenez’s cell door. “He got on the walkie-talkie and started screaming,” Montilla said.

“I looked in the door and I didn’t see him,” Wims would later remember. Wims scanned the small cell until, he said, “I looked over in the corner by the commode and he was hanging there by the sheet.”

Within hours, Georgia Bureau of Investigation agents descended on Stewart, about 140 miles south of Atlanta, to find out if foul play had been involved in Jimenez’s death. It wasn’t. But the investigation, which generated audio interviews of Stewart staff and detainees, along with recordings of Jimenez’s personal phone calls and official documents, revealed that CoreCivic, the for-profit prison company that operates Stewart for ICE, and ICE Health Services Corps, which provides health care at Stewart, cut corners and skirted federal detention rules. The organizations’ missteps and errors have led to concerns about the safety of immigrant detainees with mental health issues.

Also Read: “Hell in the Middle of a Pine Forest”

The probe disclosed that Jimenez repeatedly displayed suicidal behavior, but never got the mental health care he needed. He was also placed in a cell that contained a known suicide hazard, a ceiling sprinkler head, upon which he affixed his makeshift noose. Freddy Wims was assigned to check Jimenez’s cell every half hour, but didn’t do so. Instead, he falsified his logs to make it appear he had, and he was later fired. Stewart’s warden, Bill Spivey, retired after Jimenez’s death; a CoreCivic spokesman told The Atlanta Journal-Constitution that the two events were unrelated. Spivey couldn’t be reached for comment for this article.


Psychiatrist: Placing a suicidal prisoner in solitary confinement is like placing someone with bad asthma in a burning building.


CoreCivic’s spokesman, Jonathan Burns, didn’t respond to questions about Jimenez’s death and detention. Instead, he wrote in an email, “CoreCivic is deeply committed to providing a safe, humane and appropriate environment for those entrusted to our care, while also delivering cost-effective solutions to the challenges our government partners face.” ICE spokeswoman Tamara Spicer wrote in an email that she couldn’t answer questions about the case because it is “still undergoing a comprehensive review that has not been released.”

Jimenez had been in solitary for 19 days at the time of his death — punishment for what his sister would tell investigators was an earlier suicide attempt. He had leapt from a second-floor walkway in his dormitory, and later repeatedly told detention center personnel, “I am Julius Caesar for real.” He was physically unhurt, but Stewart staff were aware he was suffering from mental illness and had a history of suicide attempts, documents show. Still, after his jump, Jimenez saw a nurse who quickly cleared him for placement in a 13-by-7-foot segregation cell alone for 23 hours a day. After that, his suffering seemed to intensify.

“Placing a suicidal prisoner in segregation is like placing someone with bad asthma in a burning building,” Terry Kupers, a Bay Area psychiatrist who has studied solitary confinement and who reviewed some of the documents in Jimenez’s case, noted in an email. He added that half of successful prison suicides occur among the three to eight percent of prisoners in solitary confinement.

Jimenez wasn’t put on suicide watch, or even ordered monitored more frequently than the normal half-hour checks. He continued to display alarming behavior. Montilla told the GBI that he and a guard had heard Jimenez screaming and banging on his cell wall two weeks before his death. “Man, I’m suffering from psychosis and I hear voices talking to me and they’re bothering the shit out of me,” Montilla recalled Jimenez saying.

Registered Nurse Shuntelle Anderson told a GBI agent that some five days before his death, she saw Jimenez banging the metal mirror in his cell. He told her, “These fucking voices, they won’t leave me the fuck alone …They’re telling me to commit suicide…but I don’t want to harm myself.”


See Interactive Map of U.S. Detention Deaths


Jimenez asked Anderson for a higher dose of the anti-psychotic drug Risperidone, which he’d previously been prescribed at a North Carolina mental health facility. It was at least the second such request he’d made at Stewart — where he received only a fourth of his normal dosage.

Anderson told investigators she left a note for the facility’s behavioral health counselor, Kimberly Calvery, saying that Jimenez wanted more medication. Calvery arranged for him to speak with the detention center’s psychiatrist but Jimenez didn’t live long enough to keep the appointment, which was scheduled later in the morning he died. Calvery later told investigators that Jimenez “never showed any suicidal tendencies at the Stewart Detention Center.”


Homeland Security reported that at the Stewart Detention Center solitary confinement, which  isn’t supposed to be punitive, appeared to be sometimes used to punish trivial offenses.

 


“He was such a good kid,” Anderson told investigators in the hours after Jimenez’s death. Earlier that night, she’d given him medication and he’d shared a self-portrait he’d been working on. “It was very nice, very detailed and last night, when I went down there, he said, ‘Look, I finished it.’” Anderson said. Guards and detainees also described Jimenez as mostly lucid and friendly, despite his occasional outbursts, quirky comments and a propensity to call himself Julius Caesar.

In a December 2017 report, “Concerns about ICE Detainee Treatment and Care at Detention Facilities,” the Homeland Security inspector general wrote that at Stewart and three other facilities (which are operated by county governments), “We identified problems that undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment.” The IG’s staff wrote that immigration detention isn’t supposed to be punitive, and noted that at three of the facilities, including Stewart, segregation or solitary confinement appeared to be sometimes used to punish trivial offenses. At Stewart, the inspectors also found that showers were moldy and lacked cold water in some cases, and some bathrooms had no hot water, and that medical care, even for painful conditions, had been delayed for detainees.


Since 2003, 179 immigrant detainees have died in custody, many from preventable causes, like pneumonia and alcohol withdrawal.


Additionally, despite Jimenez’s nonviolent crimes, he was classified as a high-risk detainee. He had been convicted of marijuana possession, petty theft and an assault charge that arose from an unwanted hug he gave a woman in Raleigh, North Carolina. He was issued a red jumpsuit to signal his danger level and housed with others who were similarly classified. The inspector general’s report flagged misclassification of detainees as a problem at Stewart. While there, Jimenez wavered between wanting to wage a court battle to stay in the U.S., and paying for his own return to Panama through a process called voluntary departure. But, before he could take the first steps to fight his case, he ran into roadblocks, including the failure of the detention center to send a set of documents that Jimenez’s attorney had requested.

 Since 2003, 179 immigrant detainees have died in custody, many from preventable causes, like pneumonia and alcohol withdrawal. Human rights groups point to dozens of others who endure painful medical conditions and must wait for care or never receive it at all.

Like Jimenez, they’ve been dropped into a ballooning system whose rapid growth and diffuse nature would make it hard for the government to closely monitor, even if it attempted to do so.

ICE had fewer than 7,500 detention beds in 1995. Now the system is 500 percent bigger, with nearly 40,000 beds nationwide in 200 facilities that operate under three different sets of government standards. The Trump administration plans to add 12,000 more beds this year alone even as vulnerable detainees currently fall through the cracks.


JeanCarlo Jimenez completed his self-portrait and tied knots in a white bed sheet to shorten it. A guard  observed him jumping rope with it.


Federal officials largely maintain a hands-off approach, leaving it to private prison companies like CoreCivic and the GEO Group to run day-to-day affairs. The companies tend to run them like prisons and not as the civil detention facilities that the law says they are.

Photo: Robin Urevich

“Contractors operating facilities for ICE typically have backgrounds in corrections, and this shapes how they administer their ICE detention facilities,” said Kevin Landy, who led the Obama administration’s immigration detention reform efforts as the head of ICE’s Office of Detention Policy and Planning.

“Problems such as medical care, the way disciplinary proceedings are administered, the lack of sensitivity to detainee needs, and conditions generally reflect the problems writ large in our correctional system,” Landy said.

At Stewart, these problems have been particularly acute, said attorney Azadeh Shahshahani, whose group, Project South, monitors conditions at Stewart. “The facility needs to be shut down. It’s beyond redemption.”

Jimenez had come to the United States from Panama when he was 10, graduated from high school in Kansas, and considered himself American, even though he lived in the U.S. without documents most of his life. Public records show he even registered to vote in North Carolina — as a Republican.

“When I heard what happened, it blew my mind,” said Matt Schott, who was about four years older than Jean Jimenez and now works for an oil and gas exploration company in Kansas. Jimenez was 19 when he and his sister, Karina Kelly, came to Matt’s church, and they became friends 12 years ago. “He brought a lot of laughter to everybody,” Schott said, recalling Jean’s huge open smile. In photos, he’s beaming, showing a mouthful of teeth and wearing a big afro.

“Jean would just show up at the house. We’d play Christian worship music, and be up till 3 or 4 in the morning. We would get a bunch of food and go to a park,” Schott remembered. A video on Jean’s Facebook page shows him executing expert dance moves as friends play instruments outdoors.

Schott said when they began to share more of their lives, Jean tearfully told Matt he was undocumented and had to hide in plain sight. “He had big dreams. He wanted to start an architecture firm and had already named it — Eyes Design.”

Except for a few Facebook messages they exchanged, Schott lost track of Jimenez after the latter moved to North Carolina with his mother and stepfather about eight years ago. While there, Jimenez had obtained protection from deportation through the Obama administration’s DACA or Deferred Action for Childhood Arrivals program.

But, in the six months before he was detained, his mental health declined. He was hospitalized twice for psychotic episodes and lost his DACA status. Jimenez also had the misfortune of being arrested just as President Trump took office. The new administration had declared that anyone in the country illegally was fair game for immigration enforcement, even if they’d committed no crime or if their crimes were as minor as Jimenez’s. He was transferred to ICE custody.

For Jimenez the prospect of deportation to Panama, a country he had left behind as a child, was scary, his sister Karina wrote in a chronology of conversations with her brother that she sent to the family’s attorney. “Game is over,” Kelly recalled Jimenez saying. But before being shipped to Panama, he would be held at Stewart, arguably one of the most troubled detention centers in the country.

About six weeks into his detention a fellow detainee punched Jimenez in the groin and busted his lip. Jimenez was punished with his first stint in solitary — even though he was the victim in the attack and the detention center’s camera shows he didn’t fight back.

“I’m tired of this life,” Jimenez told his stepfather Gilberto Rodriguez in a recorded phone call soon after, his voice sounding uncharacteristically weary.

“Don’t give up, you can start over,” Rodriguez counseled. “In God’s name you’re getting out…we have to do this together.”

Just two days before his death, Jimenez’s mother, Nerina Joseph, and Rodriguez made the trip from Raleigh, North Carolina, to visit him. “She reported that he was so happy to see them, and they had the best 60 minutes a mother in her shoes could ever ask for,” Karina Kelly wrote.

Still, Jimenez’s mother was concerned about his well-being, and stopped by El Refugio, a hospitality center in Lumpkin, Georgia, where detention center visitors can find a meal and place to sleep. El Refugio volunteers also visit detainees, and Joseph requested that someone check on Jimenez. A volunteer attempted to see him the next day, but was turned away because Stewart personnel mistakenly said Jimenez couldn’t receive visitors. Records show there were no such restrictions on Jimenez’s visits.

Later that night, Jimenez completed his self-portrait, and tied knots in a white bed sheet to shorten it. A guard even observed him jumping rope with the sheet a few hours before he died and asked him about it. Jimenez replied he was staying in shape and the guard took no further action.

Ten days after Jimenez’s suicide, a fellow detainee, Abel Ramirez Blanco, told GBI investigator Justin Lowthorpe that he had listened in his cell as guards, nurses and finally paramedics labored over Jimenez’s lifeless body, and an automatic defibrillator blared robotic CPR instructions.

A videotape of the scene inside Jimenez’s cell shows nurses Shuntelle Anderson and Davis English desperately trying to resuscitate Jimenez. Anderson yells for guards to call 911. “I’m calling an ambulance,” a voice answers. Records from a regional 911 center show paramedics were called six minutes after Wims radioed a medical emergency, and arrived in Jimenez’s cell some seven minutes after they were called.

ICE inspectors haven’t yet weighed in on Jimenez’s case. But in studying a 2013 suicide, ICE reviewers criticized staff at a Pennsylvania facility for waiting four minutes to call 911, writing that the Mayo Clinic and the American Heart Association recommend calling 911 before beginning CPR.

Jimenez was eventually taken to a hospital where he was pronounced dead less than 15 minutes after his arrival.

Red caution tape was placed in the shape of a large X on Jimenez’s cell door. Inside the cell, steel shelves held his art supplies, his artwork and a plastic instant-noodle soup bowl with some of the broth still in it. On his wall Jimenez had written, “The grave cometh. Halleluyah.”

A death like Jimenez’s “could have happened to me,” Ramirez told GBI agent Lowthorpe, because of his own anxiety and depression. Ramirez said Stewart staff didn’t help him when he reported those symptoms. Instead, he was thrown in segregation where he witnessed Jimenez’s suicide, and began to feel even more desperate.

Matt Schott struggled to reconcile his friend’s death with his Christian faith. “People believe you commit suicide and you go to hell,” Schott said. “I can’t believe that about Jean because I knew who he really was. I love the guy and I believe one day I’ll see him again.”

**************************************

https://capitalandmain.com/deadly-detention-hell-middle-pine-forest-0314

“DEADLY DETENTION

Deadly Detention: Hell in the Middle of a Pine Forest

Immigrant detainees represent more than $38 million a year for CoreCivic, a for-profit prison company that is the largest employer in one of Georgia’s poorest counties.

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Robin Urevich

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Photo: Robin Urevich


Former ICE Guard: “They’re always putting them in the hole — in segregation. And they manhandle people.”


Deep in a Georgia pine forest, two hours south of Atlanta, early morning mist rises in wisps over the Stewart Detention Center, a facility run by CoreCivic, one of the nation’s largest for-profit prison companies. The bucolic scene clashes with the tall, barbed wire-topped chain-link fences surrounding the center, and the echoing shouts, crackling radios and slamming doors inside the walls. Technically, the roughly 1,700 men here aren’t prisoners, but civil detainees being held for U.S. Immigration and Customs Enforcement as they plead their cases to remain in the United States, or as the government prepares their deportations.

Also Read: “Self-Portrait of a Tragedy”

The detainees represent more than $38 million a year for CoreCivic — the government pays the company nearly $62 a day per man. It is the largest employer in Stewart County, one of Georgia’s poorest.

Immigrant rights groups have charged that the conditions here are not only indistinguishable from those in prison, they are downright abusive. In fact, a December 2017 Homeland Security Inspector General’s report expressed concerns about human rights abuses and, last month, Joseph Romero, a retired ICE officer who served as a guard, told Capital & Main that he resigned a supervisor job at Stewart in 2016 because he didn’t like the way people were treated.


Guatemalan Asylum Seeker: “It is hell in here. I wouldn’t even recommend it to a person I hate.”


“They’re always putting them in the hole — in segregation,” Romero said. “And they manhandle people. They think they can take care of their problems like that.” Romero noted that few officers speak Spanish, so there is little understanding or communication between guards and detainees.

JeanCarlo Jimenez Joseph’s suicide by hanging while in solitary confinement last May and 33-year-old Cuban national Yulio Castro Garrido’s death from pneumonia last December have brought these concerns to the fore.

Jimenez was mentally ill and had been in solitary for 19 days when he died — four days longer than the United Nations Rapporteur on Torture considers torture.


See Interactive Map of U.S. Detention Deaths


“It is hell in here. I wouldn’t even recommend it to a person I hate,” said Wilhen Hill Barrientos, a 23-year-old Guatemalan asylum seeker who has been in detention — at Stewart, the Atlanta Detention Center and at the Irwin Detention Center in Ocilla, Georgia — since 2015.

In addition to many other abuses that he alleges — rotten food, forced work and abuse by guards — Hill has also served 60 days in isolation. He said it was retaliation for a grievance he’d filed. He was placed in solitary, ostensibly because he’d been exposed to chickenpox; however, other detainees who, like Hill, reported they’d had the disease as children were released.


CoreCivic documents show that detainees were in isolation for such offenses as “horse playing.”


ICE detention standards specify that isolation is to be used only to punish the three most serious categories of rule violations, and only “when alternative dispositions may inadequately regulate the detainee’s behavior.”

But CoreCivic documents released after Jimenez’s suicide show that on the day that he died, detainees were in isolation for such offenses as “horse playing,” “refusal to obey staff” or “conduct that disrupts.” Four men had been in solitary for more than 60 days. One of them, Sylvester Smith, who was deported to Sierra Leone at the end of 2017, served at least four months in isolation. His charges were variously listed as “being found guilty of a combination of th…” (the word is cut off on CoreCivic’s restricted housing roster) and “failure to obey.”

After Jimenez died, however, then-warden Bill Spivey held weekly meetings aimed at reducing the number of people in solitary. By October 2017, documents show, there were just 10 people in isolation, but when Spivey retired and an assistant warden took over, the census more than doubled. CoreCivic spokesman Jonathan Burns didn’t respond to emailed questions about the current number of men in segregation.

Joseph Romero, the former ICE officer who worked at Stewart, is tall and graying with a full mustache and beard. He is proud of his ICE career but thinks the for-profit detention model the government has adopted has to go.

“They should go back and have these detention centers run by Immigration, not by private contractors,” Romero said. ICE officers treat people better, because they value their careers, Romero said. “You’re making a lot more money, you have retirement and better benefits. After 20 years, you can retire. At CCA [now known as CoreCivic], you have nothing.”


A detainee says guards call detainees “wetbacks” and “dogs,” and have greeted each other with Nazi salutes.


What’s more, Romero said, Stewart was understaffed: It wasn’t uncommon for officers to work double shifts and return to work eight hours later. “That’s why they’re so irritated,” he said. Equipment was also substandard, Romero claimed. He describes gun holsters that lack the safety snap that prevents a gun from being snatched by a thief or would-be attacker.

Romero said he wanted to try to change conditions for the better at Stewart, but found resistance from a tight, insular group that ran the place, and realized he could do little. Then he witnessed an incident that convinced him it was time to leave.

He saw two guards walking a handcuffed detainee to segregation. One of them “got in the guy’s face,” Romero recalled, and the detainee head-butted the guard. “The next thing you know the guard starting punching on the guy,” Romero said. He later watched a video of the beating with his co-workers, and Romero was taken aback by their reaction. “They said he asked for it, and I’m like wait a sec… If you’re in handcuffs why would I hit you? I have total control of you.”

The guard who threw the punch got fired, and a training session followed. But Romero doesn’t know if it had any effect because he left shortly thereafter.

Hill Barrientos said from his vantage point as a detainee, Stewart is worse than it was in 2016 when Romero was there. He believes Trump’s election signaled to detention officers that they could disrespect detainees with impunity.

Guards call detainees “wetbacks” and “dogs,” Hill Barrientos charged. He said that he’s even seen white detention officers greet each other with a Nazi salute. Health care is hard for detainees to obtain, Hill Barrientos said. He worked in the kitchen with Castro Garrido, who, he said, grew increasingly sicker because he was required to work instead of being allowed time to seek medical attention. ICE initially reported in its news release about Castro’s death that he had refused medical attention, an account that was widely reported. But the agency later corrected its news release to say that Castro’s case “was resistant to some forms of medical intervention.”

Hill’s lawyer, Glenn Fogle, thinks poor detention conditions are part of the government’s aggressive deportation strategy. “That’s the whole idea — to hold people in those horrible places to make them give up,” Fogle said.

Hill said he cannot give up — he would be killed by gang members who had threatened and extorted him if he is returned to Guatemala. His case is virtually identical to that of his two brothers and a sister, all of whom have already been granted asylum, Fogle said. Still, his case has been denied. Judges at Stewart grant asylum in few cases, so Hill Barrientos now pins his hopes on the Bureau of Immigration Appeals, which is currently considering his case.

“The people that give me strength are my mother and my daughter,” Hill Barrientos said. “So I keep fighting.”

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Please hit the above links to get the great graphics accompanying Robin’s articles at Capital & Main! Many thanks, Robin, for your courageous and timely reporting!

This is the “New American Gulag” (“NAG”)!

It certainly had its antecedents in prior Administrations of both political parties. But, the Trump/Sessions/Miller/Kelly/Nielsen/Homan crew have taken it to new depths!

What kind of country does this to individuals whose only “crime” is to want to exercise their statutory and constitutional rights to a fair hearing and a fair adjudication of claims that their lives and safety will be endangered if returned to their native countries?

Is the NAG really how we want to be remembered by our children and grandchildren? If not, get out there and vote for politicians who have the backbone and moral courage to end this kind of Neo-Nazi, Neo-Stalinist approach to human rights! And, send those who have helped fund and promote these affronts to American values into permanent retirement. 

Also, don’t forget this, in part, is the disgraceful result of the Supreme Court majority’s failure to step up and defend our Constitution in Jennings v. Rodriguez. What if it were their relatives dying in the NAG? Time for judges at all levels of our justice system to get out of the “Ivory Tower” and start applying the law in the enlightened HUMAN terms that the Founding Fathers might have envisioned. 

PWS

03-16-18

WASHPOST: ANOTHER DAY, ANOTHER ACT OF WANTON CRUELTY BY NIELSEN’S DHS — “Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that.”

https://www.washingtonpost.com/opinions/gratuitous-cruelty-by-homeland-security-separating-a-7-year-old-from-her-mother/2018/03/04/98fae4f0-1bff-11e8-ae5a-16e60e4605f3_story.html

Gratuitous cruelty by Homeland Security: Separating a 7-year-old from her mother

Homeland Security Secretary Kirstjen Nielsen in the White House on March 1. (Mandel Ngan/AFP/Getty Images)
By Editorial Board March 4 at 7:11 PM
WHAT, EXACTLY, did a 7-year-old Congolese girl do to the United States to deserve the trauma that has been visited upon her — including forcible separation from her mother — by Homeland Security Secretary Kirstjen Nielsen and her immigration agents?

There is no allegation that the little girl, known in court filings only as S.S., is a terrorist, nor is there any suggestion her mother is one. Neither was involved with smuggling, nor contraband, nor lawbreaking of any other variety. Rather, S.S.’s 39-year-old mother presented herself and her daughter to U.S. officials when they crossed the border from Mexico four months ago, explaining they had fled extreme violence in Congo, and requesting asylum.

A U.S. asylum officer interviewed Ms. L, as the mother is called in a lawsuit filed on her behalf by the American Civil Liberties Union, determined that she had a credible fear of harm if she were returned to Congo and stood a decent chance of ultimately being granted asylum. Despite that preliminary finding, officials decided that the right thing to do was to wrench S.S. from her mother, whereupon the mother “could hear her daughter in the next room frantically screaming that she wanted to remain with her mother,” the lawsuit states.

The Trump administration has said that it is considering separating parents from their children as a means of deterring other families, most of them Central American, from undertaking the perilous trip necessary to reach the United States and seek asylum. Now, without any formal announcement, that cruel practice, ruled out by previous administrations, has become increasingly common, immigrant advocacy groups say. In the nine months preceding February, government agents separated children from their parents 53 times, according to data compiled by the Lutheran Immigration and Refugee Service.

Make no mistake: Ms. L and S.S. could have been placed together in a family detention center. There has been no explanation of why the determination was made to separate them; nor is there any allegation that Ms. L. is an unfit parent. The only principle at work, if it can be called that, is the idea that future asylum seekers might be deterred if they are convinced that the United States is actually a crueler and more heartless place than their native country.

Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that. A Homeland Security spokesman would not comment on this case but said that the department does not “currently” have a policy regarding separating asylum-seeking parents and children who are detained.

Separating children from their parents while they await adjudication of asylum claims is of a piece with arresting and deporting upstanding, otherwise law-abiding unauthorized immigrants who have lived and worked for decades in the United States and are the parents of U.S.-born children. That practice, too, carried out by Homeland Security deportation agents, has become far more common under the Trump administration.

Since being torn away in early November, S.S., who is being held at a facility in Chicago, has been permitted to speak with her mother, who is in a detention center in San Diego, just half a dozen times by phone. The girl, who turned 7 in December, routinely cries on the phone, according to the ACLU lawsuit. Is this the kind of protection Americans want from their Department of Homeland Security?

***************************

It’s almost (but not quite) unfair to blame Nielsen for this garbage. After all, she was selected for the DHS position precisely because she is a gutless intellectual lightweight who will just do the foul bidding of Trump, Sessions, Kelly, and Miller no questions asked and no resistance tolerated. That’s what “government by sycophants” is all about.

In the meantime, the New Due Process Army and the rest of us who still believe in our Constitution and humane values have to redouble our resistance to the evil of the Trumpsters and their allies. In the end, it’s a fight for the heart and soul of America as nation!

PWS

03-05-18

 

ICEMEN GONE WILD: MINDLESS, COUNTERPRODUCTIVE, CRUEL, WASTEFUL “GONZO” IMMIGRATION ENFORCEMENT IS THE ORDER OF THE DAY UNDER THE TRUMP/SESSIONS REGIME! — “Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

https://www.washingtonpost.com/opinions/unshackled-by-the-trump-administration-deportation-agents-discount-basic-decency/2018/01/28/0785a7b2-013d-11e8-bb03-722769454f82_story.html

From the Washington Post Editorial Board:

“IMMIGRATION AND CUSTOMS Enforcement, the federal agency whose deportation agents have been unshackled by the Trump administration, has intensified its efforts to such a degree that cruelty now seems no impediment to its enforcement decisions, and common sense appears to play a diminishing role.

Recent months have brought news of one senseless detention and deportation after another. From all appearances, the agency seems to have embraced the idea that it is just to sunder established families and separate immigrant parents from their U.S.-born children — even in cases involving garden-variety technical violations of immigration rules.

Yes, the Obama administration also deported some longtime residents who had committed no serious offenses, but its deportation efforts were focused on criminals. By contrast, detentions of immigrants with no criminal records more than doubled in the first year of President Trump’s administration — to 13,600 in 2017 from 5,498 in 2016. Evidently seized by a vainglorious notion of its mission, ICE too often discounts basic decency as a guiding tenet.

How else to explain the detention and imminent deportation of a 27-year-old Ohio man, arrested for driving without a license, who is the only means of financial support, and one of just two trained medical caregivers, for a 6-year-old paraplegic boy (who also happens to be a U.S. citizen)? How else to explain the deportation of a construction worker in Michigan, the father of 10- and 3-year-old U.S.-born boys, who provided critical help to police in Detroit in their investigation of a shooting?

How else to explain the airport arrest and deportation of a 22-year-old female college student from Spain, visiting the United States for a vacation at the invitation of a librarian at Oregon State University, on grounds that she would give Spanish lessons to the librarian’s young son for a few weeks — work for which she lacked the right visa? How else to explain the deportation of a 39-year-old landscaper living in the Detroit suburbs, a father and husband of U.S. citizens, who had lived in the United States since age 10 and whose record was so unblemished that it didn’t even feature a traffic violation? How else to explain the Israeli undergraduate at the University of California at San Diego, a “dreamer” studying legally in the United States, who was detained upon trying to cross back into the United States minutes after his roommate made a wrong turn on the highway, unintentionally driving into Mexico?

In its boilerplate communiques, the agency defends its actions by insisting that it prioritizes bona fide threats to national security and public safety but exempts no category of “removable alien” from enforcement. Which raises a question: Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

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In answer to the Post’s question: YES, thanks exactly what has been happening in America since the very beginning of the Trump regime — starting with the “Muslim Ban” and continuing with a consistent White Supremecist agenda! Many of us have been saying that all along!

We already have the “New American Gulag” — expanded “civil” immigration detention in substandard, potentially even deadly conditions, in obscure “out of sight, out of mind” locations. There, individuals, many deserving legal protection from the US under our laws, are denied fair access to counsel and railroaded out of the country in what essentially are “mock court” hearings conducted by “judges” controlled by notorious White Nationalist Jeff “Gono Apocalypto” Sessions.

Sessions and his minions encourage the judges to view individuals in removal proceedings as “production numbers, possible fraudsters, and potential terrorists,” rather than as vulnerable human beings deserving of fairness, respect, and due process.

To complement the “New American Gulag,” we now have the “New American Gestapo,” headed by Acting Chief ICEMAN Tom Homan. It’s an internal police force that operates without rules, rhyme, reason, or humanity — in other words arbitrary “Gonzo” enforcement intended to terrorize ethnic (primarily Latino) communities.

And, in case you haven’t read about it, ICE now has the capacity to electronically track the whereabouts and driving patterns of every license plate in America —- including YOURS! Of course they say that they will only use it for “legitimate” law Enforcement purposes.

But, for the “New American Gestapo” everything is “legitimate” — boundaries on law enforcement conduct and misconduct went out the widow when the Trumpsters crawled in. Remember, Gonzo essentially told local police forces he really didn’t care what they were doing to the civil rights of African-Americans and other minorities as long as they were enforcing the law and bringing crime rates down!

This is why ICE is well on its way to becoming the most hated, distrusted, and least respected police force in America.

Had enough of the Trump Administation’s trampling on Constitutional rights, civil rights, human rights, and just plain old human decency in America! Join the resistance!

The “New Due Process Army” (“NDPA”) is out there every day fighting for the Due Process and the legal rights of everyone in America and standing up against the excesses of the Trump Administration. Join their effort today!

PWS

01-29-18

 

 

 

 

MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!

https://www.washingtonpost.com/local/immigration/watchdog-report-finds-moldy-food-mistreatment-in-immigrant-detention-centers/2017/12/15/c97b380a-e10d-11e7-89e8-edec16379010_story.html

Maria’s always “on top” of the almost daily examples of cruel, intentionally inhumane, unconstitutional, wasteful “Gonzo” Enforcement by the Trump regime.  Here is some of what she reports on the deadly conditions in “NAG:”

“The inspector general for the Department of Homeland Security has criticized several immigration detention facilities for having spoiled and moldy food and inadequate medical care, and for inappropriate treatment of detainees, such as locking down a detainee for sharing coffee and interfering with Muslims’ prayer times.

Acting Inspector General John V. Kelly, who took over Dec. 1, said the watchdog agency identified problems at four detention centers during recent, unannounced visits to five facilities. The Dec. 11 report , released Thursday, said the flaws “undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment.”

“Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation,” the report found, adding that observers found “potentially unsafe and unhealthy detention conditions.”

Immigration and Customs Enforcement jails tens of thousands of immigrants for civil immigration violations, holding them until they are deported or released in the United States. The jails are not supposed to be punitive, according to the report.

ICE concurred with the inspector general’s findings and said it is taking action to fix the problems, some of which have already been addressed.

“Based on multi-layered, rigorous inspections and oversight programs, ICE is confident in conditions and high standards of care at its detention facilities,” the agency said in a statement. “To ensure the safety and well-being of those in our custody, we work regularly with contracted consultants and a variety of external stakeholders to review and improve detention conditions at ICE facilities.”

The Office of Inspector General said it launched the surprise inspections after receiving complaints from immigrant advocacy groups and on its hotline about treatment of detainees. The inspectors also interviewed staff members and detainees and examined records.

Advocates for immigrants said the report reaffirmed their long-standing calls for the detention facilities to be closed. Advocates have complained about reports of physical and sexual assaults, deaths in detention and other concerns for years under past presidents — and say their worries are increasing under President Trump.

Trump has pledged to dramatically increase deportations and is seeking congressional approval for more than 51,000 detention beds this fiscal year, up from about 30,000 under President Barack Obama.

Trump’s pick for the permanent director of ICE, Thomas D. Homan, previously ran the ICE detention system.

“The realities documented by the OIG inspectors, and many more, are endemic to the entire detention system,” Mary Small, policy director at Detention Watch Network, a nonprofit group that monitors immigration detention, said in a statement. “ICE has proven time and time again to be incapable of meeting basic standards for humane treatment.”

In a statement, Azadeh Shahshahani, legal and advocacy director of Project South, in Atlanta, cited the death in May of Jean ­Jimenez-Joseph.­ The 27-year-old Panamanian national was held in solitary confinement for 19 days at the Stewart Detention Center in rural Georgia, according to Project South.

Shahshahani said his death “should have served as a final wake-up call and resulted in the immediate closure of the facility.”

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The Administration tries to hide, obscure, cover up, and bureaucratize what’s happening in the NAG. But, thanks to courageous reporters like Maria, the truth isn’t going to be suppressed. Read the rest of Maria’s report at the link.

Is this YOUR America? Is this the America you want YOUR children and grandchildren to read about and inherit?

Gee whiz, what were my parents and grandparents doing while neo-Nazis were invading the government and recreating the “Fourth Reich?”

And, when are the Article III Courts going to get some backbone to go with their lifetime sinicure and stand up for the Constitution and human decency before it’s too late? When good people stand by and do nothing, tyrants like Trump, Sessions, Homan, Bannon, and their corrupt supporters will have their way! 

Tell your legislators:

  • NO to Tom Homan as ICE Director;
  • NO to funding for the NAG; 
  • NO to funding DOJ’s corrupt defense of the NAG and Gonzo Immigration Enforcement;
  • NO to additional unneeded DHS Enforcement agents;
  • YES to legislative and criminal investigations of the unconstitutional activities of Gonzo, Nielsen, Homan, and their cronies and the human rights abuses they are knowingly creating by misusing the immigration laws;
  • YES to “Dreamer Relief” with “no strings attached;”
  • YES to immigration reform that legalizes law-abiding residents already here and provides additional legal visas for the future to end the “false criminalization” of needed workers and refugees!

Stand up for America as a Nation of Immigrants — Stand up for human decency — Stand against Trump, Nielsen, Sessions, Homan, Bannon, Miller and the other neo-Nazis promoting the NAG!

PWS

12-18-17