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Matthew Kolken on Deportation And Removal

Bipartisan Report: Obama Admin Committing Egregious Civil Rights Violations

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A bipartisan U.S. Commission on Civil Rights has issued a new statutory enforcement report entitled "With Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities." The report found that the Obama administration is committing egregious civil rights violations against immigrant detainees. Such abuses include denial of medical care, providing cold and spoiled maggot infested food resulting in severe weight loss, lack of due process, and allegations of sexual assault.

From the report's conclusion:

Based on the testimony provided by expert witnesses, independent reports, civil rights organizations, clergy, Commission fact-finding visits, and news articles gathered during this study, the Commission finds that:

• Certain ICE facilities are not fully complying with medical standards established by the Performance-Based National Detention Standards 2011 (PBNDS 2011).
• Certain ICE facilities are not adhering to the PBDS 2011 standards that are specific to the LGBT detainee community.
• Certain ICE-owned detention facilities are not providing adequate legal information or presentations about detainee rights for their detained population.
• A further study needs to be conducted on the food services offered at ICE-owned detention facilities.
• Certain privately owned detention centers are not complying with DHS detention standards. However, a deeper examination must be done to determine the extent that the federally contracted facilities deviate from federally mandated standards for medical care of detainees.
• Certain privately owned detention facilities are not adhering to any set standard and are not providing detainees with nutritious food.
• Deeper examination is required regarding ICE privately contracted detention facility compliance with their respective contract provision’s mandated detention standard.

As for immigrant children that are being jailed the report found: "Based on the research and evidence stated above, the Commission finds that:

• Certain DHS and its agency’s component offices are not fully complying with the Flores Settlement Agreement Standards.
• Additional studies must be conducted regarding ORR staff treatment and interactions with unaccompanied alien children.
• Additional studies must be conducted regarding ORR’s corrective action plans.

Regarding allegations of rape of immigrant detainees the report found that there is a lack of transparency during the investigation or punishment phases when a rape is reported, data collection remains spotty and inconsistent finding that:

• ICE’s lacks of transparency regarding their contracts with private detention companies inhibits the assurance that Prison Rape Elimination Act of 2003 (PREA) standards are being properly implemented.
• ICE lack accountability in complying with PREA inspection policies because such reports are not made publicly available.
• Further research must be conducted to determine whether ICE is complying with PREA solitary confinement policies for children.
• Further research must be conducted to determine whether DHS complying with PREA standards concerning the treatment of transgender and intersex individuals.
• DHS employees who interact with detained immigrants may not be insufficiently trained to handle and interact with the various political, cultural, and socioeconomic differences between detained immigrants from various countries.The Commission further finds that this insufficient training inhibits DHS fromfully complying with PREA language requirements.
• DHS’s current practice surrounding the distribution and content of detainee“Know your Rights” materials may not be sufficiently providing or informing all detained immigrants concerning their rights because the materials are not available or explained in indigenous languages under DHS PREA Subpart A (6C.F.R. § 115.32).
• The Commission further finds that CBP must ensure any documents applicable to DHS PREA Subpart B (6 C.F.R. § 115.132) be available in indigenous languages.
• The Commission finds that DHS may not be providing detainees with adequate avenues to report sexual assault or abuse. Moreover, the Commission finds that DHS may be inadequately addressing staff misconduct with regards to sexual assault and abuse.
• A more detailed study must be done studying DHS detention and holding facility compliance with PREA standards.

The report also found that the Obama administration's treatment of detained immigrants may be inconsistent with the Fifth Amendment’s right not to be deprived of liberty without due process of law. They specifically found that the Obama administration policies are "affecting a detained immigrant’s ability to obtain counsel may rise to a level where a court would find such practices to bein consistent with the Fifth Amendment’s Due Process Clause." They also specifically found evidence that the Obama administration is interfering with an attorney’s ability to represent clients.

Click here to read the entire report. Needless to say, it isn't pretty.

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Updated 09-22-2015 at 09:44 AM by MKolken

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