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Matthew Kolken on Deportation And Removal

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  1. Secure Communities Detainers Not Resulting in More Deportations of Criminals

    by , 11-16-2017 at 08:06 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's Transactional Records Access Clearinghouse (TRAC):

    Since President Trump assumed office, Secure Communities has been promoted as essential to implement this administration's agenda for ramped up deportations. The agency contends that "Secure Communities has proven to be one of ICE's most important tools for identifying and removing criminal aliens as well as repeat immigration violators."

    However, analyses of the agency's own internal records document that the use of detainers under this program is not living up to these claims. For example, according to the latest available ICE data only about 2.5 percent of Secure Communities removals were connected to the use of detainers sent to local law enforcement agencies. When compared with ICE removals from all sources, this component made up even a smaller proportion -- less than 1 percent of all ICE removals.


    Click here
    for the full report.
  2. Reports of Increased Detention of Pregnant Women

    by , 11-01-2017 at 01:13 PM (Matthew Kolken on Deportation And Removal)
    November 1, 2017
    FOR IMMEDIATE RELEASE
    CONTACT
    Benjamin Soskin (Roybal-Allard): (202) 225-1766
    Omer Farooque (Jayapal): (202) 450-0088

    Seventy Members of Congress Demand Answers on Reports of Increased Detention of Pregnant Women

    Washington, DC – In a letter to Department of Homeland Security Acting Secretary Elaine Duke, co-chairs of the Women’s Working Group on Immigration Reform Congresswomen Lucille Roybal-Allard (CA-40) and Pramila Jayapal (WA-07) led 68 of their fellow members of Congress in expressing concern about increased detention rates of pregnant immigrant women and recent miscarriages in detention centers across the United States.

    “While it is unavoidable that some women who come into Customs and Border Protection (CBP) or ICE custody will be pregnant, especially in light of the high rates of sexual assault women and girls experience on their journey, attorneys and advocates are reporting a marked increase in the number of pregnant women with serious medical concerns coming to their attention in recent months, and a seeming shift in the agency’s willingness to release pregnant women once the pregnancy is identified,” wrote the members.

    “The detention of pregnant women is cruel, high-risk, and almost never appropriate given the danger it poses to the life of both the mother and her unborn child,” the members continued. “[R]eports of pregnant women in custody and changes to the agency’s use of prosecutorial discretion as prescribed by President Trump’s January 25, 2017 executive orders by nongovernmental organizations and the media leave us concerned that ICE has altered or revoked its policies on the detention of pregnant women.”

    The members are advocating for increased transparency around the treatment of pregnant women in detention and are seeking clarification from DHS on safety procedures, detention numbers and durations of detention for pregnant immigrant women.

    A full copy of the letter can be found below:

    October 31, 2017

    The Honorable Elaine Duke
    Acting Secretary of Homeland Security
    U.S. Department of Homeland Security
    Washington, D.C. 20528

    Dear Acting Secretary Duke:

    We write to express our deep concern about reports of increased rates of detention of pregnant immigrant women across the country. Recent reports indicate that U.S. Immigration and Customs Enforcement (ICE) detained nearly 68,000 women in Fiscal Year (FY) 2017, of which 525 were pregnant.[1] While it is unavoidable that some women who come into Customs and Border Protection (CBP) or ICE custody will be pregnant, especially in light of the high rates of sexual assault women and girls experience on their journey, attorneys and advocates are reporting a marked increase in the number of pregnant women with serious medical concerns coming to their attention in recent months, and a seeming shift in the agency’s willingness to release pregnant women once the pregnancy is identified. Alarmingly, there have been at least three miscarriages in detention in FY 2017, reportedly due to mistreatment and medical neglect, a cruel trauma that no expecting mother should have to endure.[2]

    On September 26, 2017, a complaint was filed on behalf of several women who either are or were pregnant in ICE custody; some were still in detention at the time the complaint was filed.[3] Given inadequacies in the medical care available and the overall stress and trauma of being detained, it is unconscionable that ICE should detain pregnant women except in the most extraordinary circumstances. Formerly and currently detained pregnant women and their attorneys report that pregnant women receive only the bare minimum of services and accommodations, and are routinely denied extra blankets, additional food, and adequate prenatal care.[4] Pregnant women are referred to outside obstetricians for their care and often endure shackling during transport to and from physicians’ offices, with sometimes horrific consequences.[5] Case examples such as the following illustrate the myriad ways in which detention can be harmful to pregnant women and their children:

    · Teresa, a Honduran asylum seeker, reported to CBP personnel at the San Ysidro port of entry that she was pregnant, in pain, and bleeding. Over the next four days, after she was transferred to ICE custody, she received no medical care despite having a medical intake screening upon her arrival at the Otay Mesa Detention Center. It was not until six days after she initially reported her pain and bleeding to CBP personnel that she was informed that she had miscarried.
    · Jacinta found out she was pregnant while in detention at the Northwest Detention Center. When ICE told her she was being deported, she began to feel anxious and to develop pains and nausea. Several days later, she began to have bleeding. Despite telling medical personal she was in severe pain, Jacinta, was forced to wait over an hour to see a doctor, who ordered her to be transported to a hospital. Because the ambulance was so slow in coming, Jacinta had to be transported sitting up in the back of a patrol car, which made the bleeding worse. At the hospital, she learned she had miscarried.[6]
    · Rosa, a Salvadoran asylum seeker, was detained for months and transferred at least six times to different facilities in the El Paso area despite her asylum claim and complications with her pregnancy. One transfer involved a 23-hour round trip with extremely limited access to food and a bathroom, after which she was hospitalized due to exhaustion and dehydration. While detained, she experienced nausea, abdominal pain, and vomited blood, and she reports that she received insufficient prenatal vitamins and medical care.[7]
    · Laura, an asylum seeker from Honduras, was detained in the South Texas Family Residential Center, one of the two family detention facilities in Texas, together with her five year old daughter. She’d experienced a miscarriage a year earlier after fleeing a gang who had threatened to kill her, and describes her experience in Dilley: “I have vomited four times here at STFRC. I also get headaches and feel dizzy sometimes, probably in part because the food here makes me lose my appetite and it is hard for me to eat when I am depressed. I have not told the doctor about most of this because he has not asked how I am feeling in the three times I have visited him.”
    · Ana,[8] who was pregnant when she was detained at Eloy, became so desperate to get out of detention because she feared it would harm her child that she accepted deportation back into the hands of her abusive partner.[9]

    The detention of pregnant women is cruel, high-risk, and almost never appropriate given the danger it poses to the life of both the mother and her unborn child. That is why ICE issued minimum standards for the care of pregnant women in its custody[10] and, in 2016, issued a memorandum to the field on Identification and Monitoring of Pregnant Detainees that prohibits the detention of pregnant women in all but the most “extraordinary circumstances” and for those who are not subject to mandatory detention.[11] The memo emphasizes the need for regular and appropriate medical care for pregnant women as well as for regular review of the custody determination of pregnant women and whether her continued detention remains “warranted” and “appropriate.”

    Despite these policies, reports of pregnant women in custody and changes to the agency’s use of prosecutorial discretion as prescribed by President Trump’s January 25, 2017 executive orders[12] by nongovernmental organizations and the media leave us concerned that ICE has altered or revoked its policies on the detention of pregnant women. At a minimum, it is clear that oversight and accountability mechanisms designed to ensure the safety of pregnant women are grossly lacking. We therefore seek answers to the following questions, and request that your response be received within 30 days:

    · How many pregnant women were in CBP and in ICE custody on the date this letter was transmitted (10/31/2017) and on the date of the agency’s response? (disaggregated by component agency and between family detention and ICE adult detention facilities)
    · What is the average daily population of pregnant women in CBP and in ICE custody? (disaggregated by component agency and between family detention and adult facilities)
    · How many pregnant women were held in CBP and in ICE custody each quarter beginning with the first quarter of FY 13 to date? (disaggregated by component agency and between family detention and adult facilities)
    · For each fiscal year since FY 2013 to date, what is the average length of stay for pregnant women in ICE custody (disaggregated between family detention and adult facilities)? Please break this down as follows:
    o The number of pregnant women in detention for less than 72 hours
    o The number of pregnant women in detention for more than 72 hours and less than one week
    o The number of pregnant women in detention for more than one week and less than one month
    o The number of pregnant women in detention for more than one month
    o The number of pregnant women in detention for more than two months
    · What is the status of the August 15, 2016 ICE Memorandum on Identification and Monitoring of Pregnant Detainees? Does the memorandum remain in effect? What changes to the memorandum were made or implied by the January 25, 2017 executive orders on immigration and border security? Please provide a copy of the most current form of the memorandum.
    · What is the current policy on the detention, release, or use of alternatives to detention for pregnant women who have passed a credible fear or reasonable fear interview? Does it differ in any way from the above cited policies?
    · What is the current policy on shackling of pregnant women as a form of discipline, during transport and during labor and delivery? Does it differ in any way from the above cited policies?
    · What is the current policy on the use of segregation for pregnant women? Does it differ in any way from the above cited policies?
    · How do CBP and ICE ensure that pregnant women are identified, provided with appropriate care, and considered for release in a timely fashion? What oversight functions exist to ensure compliance with ICE policies on the custody of pregnant women, including policies that require ICE to conduct a weekly review of custody and whether detention continues to be appropriate?

    Thank you for your attention to this concerning issue. We look forward to hearing from you soon.

    [1] Roque Planas, Two Women Say They Lost Pregnancies While in Immigrant Detention Since July, Huffington Post (Sep. 27, 2017) available at: http://www.huffingtonpost.com/entry/immigrant-detention-pregnancy_us_59cbaee4e4b05063fe0e211b.
    [2] Id.

    [3] Complaint: U.S. Immigration and Customs Enforcement’s Detention and Treatment of Pregnant Women (Filed Sep. 26, 2017) available at: https://www.aclu.org/legal-document/pregnant-women-ice-custody-complaint-dhs-office-civil-rights-and-civil-liberties-and [hereinafter “Complaint: ICE Treatment of Women”].

    [4] Prison for Survivors: A Report on the Detention of Women Seeking Asylum in the United States, Women’s Refugee Commission (Oct. 2017) available at: https://www.womensrefugeecommission.org/rights/resources/1528-prison-for-survivors-women-in-us-detention-oct2017 [hereinafter “Prison for Survivors”].

    [5] Shackle A Pregnant Woman, Risk a Foreseeable Tragedy, ACLU (Jun. 18, 2015) available at: https://www.aclunc.org/blog/shackle-pregnant-woman-risk-foreseeable-tragedy

    [6] Liz Jones, Her Miscarriage in ICE Detention Raises Questions About Care, KUOW (Jul. 17, 2017) available at: http://kuow.org/post/her-miscarriage-ice-detention-raises-questions-about-care.

    [7] Complaint: ICE Treatment of Women.

    [8] Name changed

    [9] Prison for Survivors

    [10] 2011 Performance Based National Detention Standards 4.3 (Medical Care) and 2.11 (Sexual Abuse and Assault Prevention and Intervention), available at: https://www.ice.gov/detention-standards/2011; Family Residential Standards, available at:https://www.ice.gov/detention-standards/family-residential#wcm-survey-target-id

    [11] ICE Memorandum on Identification and Monitoring of Pregnant Detainees (Aug. 15, 2016) available at: https://www.ice.gov/sites/default/files/documents/Document/2016/11032.2_IdentificationMonitoringPregnantDetainees.pdf

    [12] Specifically, the Executive Order on Border Security and Immigration Enforcement Improvements and the Executive Order (https://www.whitehouse.gov/the-press-office/2017/01/25/executive-order-border-security-and-immigration-enforcement-improvements and the Executive Order on Enhancing Public Safety in the Interior of the United States (https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united)

    Updated 11-01-2017 at 01:17 PM by MKolken

  3. ACLU Sues CBP For Release of 10 year old Rosa Maria Hernandez

    by , 10-31-2017 at 04:40 PM (Matthew Kolken on Deportation And Removal)
    The ACLU just sued Customs and Border Protection and the Office of Refugee Resettlement to demand the release of 10-year-old Rosa Maria Hernandez.

    BREAKING: We just sued Customs and Border Protection and the Office of Refugee Resettlement to demand they release 10-year-old Rosa Maria Hernandez. #FreeRosa pic.twitter.com/8BEhnKXtNc— ACLU (@ACLU) October 31, 2017

    Updated 10-31-2017 at 04:44 PM by MKolken

  4. New Deportation Cases of Unaccompanied Children Plummet Under Trump

    by , 10-18-2017 at 06:53 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    These detailed case-by-case Immigration Court records trace court proceedings on removal orders sought by the Department of Homeland Security (DHS) for unaccompanied children (UAC) who have been apprehended by the agency. The data, current through August 31, 2017, was obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University from the Executive Office for Immigration Review (EOIR) under the Freedom of Information Act.

    The surge in unaccompanied children attempting to enter the country peaked during FY 2014 when there were 56,691 new child cases filed in the Immigration Court. More recently, in FY 2016, there were 48,401 new juvenile cases. This year has seen new UAC court cases plummet. During the first eleven months of FY 2017 court records show only 21,398 new cases.

    Click here for the full report.
  5. Call for Reforms to Deeply Flawed Immigration Detention System

    by , 10-16-2017 at 08:14 PM (Matthew Kolken on Deportation And Removal)
    For Immediate Release
    Oct. 16, 2017
    Contact: Rebecca Bryant (SMITH), 202-225-8901 rebecca.bryant@mail.house.gov
    Omer Farooque (JAYAPAL), 202-450-0088, omer.farooque@mail.house.gov

    Representatives Smith and Jayapal Call for Reforms to Deeply Flawed Immigration Detention System

    SEATTLE – Today, Congressman Adam Smith (WA-09) and Congresswoman Pramila Jayapal (WA-07) convened local stakeholders in support of the Dignity for Detained Immigrants Act to dramatically reform the injustices in our current immigration detention system. At present, the detention system is driven by private, for-profit corporations that benefit from increased detention efforts, like the GEO Group which operates the Northwest Detention Center in Tacoma, Washington. This bill moves to end the use of private facilities; repeal mandatory detention; and restore due process, oversight, accountability and transparency to the immigration detention system.

    “We must fix the injustices in our broken immigration detention system,” said Congressman Adam Smith. “As the Trump administration continues to push a misguided and dangerous immigration agenda, we need to ensure fair treatment and due process for immigrants and refugees faced with detention. This legislation will address some of the worst failings of our immigration policy, and restore integrity and humanity to immigration proceedings.”

    “The high moral cost of our inhumane immigration detention system is reprehensible. Large, private corporations operating detention centers are profiting off the suffering of men, women and children. We need an overhaul,” said Congresswoman Jayapal. “It’s clear that the Trump administration is dismantling the few protections in place for detained immigrants even as he ramps up enforcement against parents and vulnerable populations. This bill addresses the most egregious problems with our immigration detention system. It’s Congress’ responsibility to step up and pass this bill.”

    In addition to repealing mandatory detention, a policy that often results in arbitrary and indefinite detention, the legislation creates a meaningful inspection process at detention facilities to ensure they meet the government’s own standards. The bill requires the Department of Homeland Security (DHS) to establish legally enforceable civil detention standards in line with those adopted by the American Bar Association. With disturbing track records of abuse and neglect, DHS has a responsibility to ensure that facilities are held accountable for the humane treatment of those awaiting immigration proceedings.

    Individuals held in our immigration detention system are subject to civil law, but are often held in conditions identical to prisons. In many cases, detained people are simply awaiting their day in court. To correct the persistent failures of due process, the legislation requires the government to show probable cause to detain people, and implements a special rule for primary caregivers and vulnerable populations, including pregnant women and people with serious medical and mental health issues.

    “The immigrant detention and prison industrial complex breaks down the mental, emotional, and psychosocial development of our communities in various ways. I saw this firsthand when my family member was detained. I believe the Dignity for Detained Immigrants Act provides transformative provisions that we have been working toward, to move the immigrant rights movement forward,” said Yvette Maganya, a OneAmerica youth leader and the niece of a survivor of the Northwest Detention Center. “I’ve seen the toll detention conditions have in our community. Our communities are being jailed in inhumane conditions with no accountability. Often they are jailed not because of what they did, but to fulfill cruel, arbitrary quotas. It is wrong to jail immigrants indefinitely with no accountability or oversight. This is why we need the Dignity for Detained Immigrants Act.”

    “We are grateful for the leadership of Representatives Smith and Jayapal in ensuring that the rights and dignity of all peoples are respected. NWIRP supports the Dignity for Detained Immigrants Act of 2017 that they have introduced and see it as a critical step toward making our immigration detention system more humane and more consistent with fundamental American values,” said Jorge L. Barón of Northwest Immigrant Rights Project.

    “The Dignity for Detained Immigrants Act is a crucial piece of legislation that introduces a wave of accountability that we desperately need. This officially puts the federal government on notice that we will no longer tolerate the rampant disregard for human life,” said Victoria Mena of Colectiva Legal del Pueblo.

    “Today, we’re facing an extremist expansion of our immigration detention system, which makes the Dignity for Detained Immigrants bill even more imperative. We have continually seen the ways in which conditions in the detention center and the traumatic experience of being detained deters people from fighting their cases. We stand in strong support of this important piece of legislation that sets a new, humane vision to reform our flawed immigration detention system,” said Roxana Norouzi of immigrant rights organization OneAmerica.

    The Dignity for Detained Immigrants Act is cosponsored by 60 members of Congress: John Conyers Jr. (MI-13), John Lewis (GA-5), Louise Slaughter (NY-25), Jose Serrano (NY-15), Maxine Waters (CA-43), Eleanor Holmes Norton (D.C.), Jerrold Nadler (NY-10), Luis V. Gutiérrez (IL-4), Lucille Roybal-Allard (CA-40), Bobby Rush (IL-1), Nydia M. Velázquez (NY-7), Lloyd Doggett (TX-35), Sheila Jackson Lee (TX-18), Zoe Lofgren (CA-19), Elijah E. Cummings (MD-7), Earl Blumenauer (OR-3), Danny K. Davis (IL-7), James P. McGovern (MA-2), Barbara Lee (CA-13), Grace Napolitano (CA-32), Jan Schakowsky (IL-9), Betty McCollum (MN-4), Raúl Grijalva (AZ-3), Gwen Moore (WI-4), Steve Cohen (TN-9), Keith Ellison (MN-5), Henry C. “Hank” Johnson Jr. (GA-4), André Carson (IN-7), Chellie Pingree (ME-1), Jared Polis (CO-2), Mike Quigley (IL-5), Judy Chu (CA-27), Ted Deutch (FL-22), Bill Foster (IL-11), David N. Cicilline (RI-1), Suzan DelBene (WA-1), Donald M. Payne Jr. (NJ-10), Colleen Hanabusa (HI-1), Joaquin Castro (TX-20), Hakeem Jeffries (NY-8), Joseph P. Kennedy III (MA-4), Mark Pocan (WI-2), Mark Takano (CA-41), Marc Veasey (TX-33), Katherine Clark (MA-5), Mark DeSaulnier (CA-11), Ruben Gallego (AZ-7), Brenda Lawrence (MI-14), Ted Lieu (CA-33), Kathleen M. Rice (NY-4), Bonnie Watson Coleman (NJ-12), Dwight Evans (PA-2), Nanette Diaz Barragán (CA-44), Adriano Espaillat (NY-13), Ro Khanna (CA-17), Jimmy Panetta (CA-20), Jamie Raskin (MD-8), Jimmy Gomez (CA-34).

    The legislation is also supported by 52 civil society organizations: American Civil Liberties Union (ACLU), Asian Americans Advancing Justice - AAJC, Asian Pacific Institute on Gender-Based Violence, Capital Area Immigrants' Rights Coalition, Center for Community Change, The Center for Victims of Torture, Church Council of Greater Seattle, Church World Service, Colectiva Legal del Pueblo, Columbia Legal Services, Community Initiatives for Visiting Immigrants in Confinement (CIVIC), DC Coalition Against Domestic Violence, Democracy for America, Detention Watch Network, Entre Hermanos, FIRM, Grassroots Leadership, Human Rights First, Human Rights Watch, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, Immigration Equality Action Fund, Indivisible Vashon, Just Detention International, Lutheran Immigration and Refugee Service, Make the Road CT, Make the Road New York, Make the Road NJ, MoveOn.org Civic Action, National Asian Pacific American Women’s Forum (NAPAWF), National Center for Transgender Equality, National Coalition Against Domestic Violence, National Immigrant Justice Center, National Immigration Law Center, National Korean American Service & Education Consortium (NAKASEC), National LGBTQ Task Force Action Fund, National Network to End Domestic Violence, Northwest Immigrant Rights Project, OneAmerica, Our Revolution,Refugee and Immigrant Center for Education and Legal Services (RAICES), South Asian Americans Leading Together (SAALT), Southeast Asia Resource Action Center (SEARAC), Southern Poverty Law Center, Tacoma Migrant Justice, Tahirih Justice Center, United We Dream, Wallingford Indivisible, Washington Community Action Network, Washington Defender Association, The Washington Immigrant Solidarity Network, Women’s Refugee Commission, 21 Progress, Asian Counseling and Referral Service.

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