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Mostrando entradas con la etiqueta Detention. Mostrar todas las entradas
jueves, 25 de julio de 2019
U.S. Citizen Children Impacted By Immigration Enforcement
In the United States today, more than eight million citizens live with at least one family member, often a parent, who is undocumented. Children make up the majority of these U.S. citizens; almost six million citizen children under the age of 18 live with a parent or family member who is undocumented. Consequently, immigration enforcement actions—and the ongoing threats associated with them—have significant physical, emotional, developmental, and economic repercussions on the children left behind. Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
Etiquetas:
children left behind,
deported,
Detention,
Enforcement,
immigration,
Interior Enforcement,
Raids,
U.S. Citizen Children,
undocumented,
United States
martes, 23 de julio de 2019
Information About A Secretive Program That Fast-Tracks Deportations
by Emma Winger
Since the mid-1980s, immigration courts have operated the Institutional Hearing Program (IHP). The program is designed to quickly deport people serving criminal sentences. Despite how long it’s been in operation, little is known about the IHP. With a lawsuit filed earlier this week, advocates hope to shed light on this inherently secretive, newly-expanded program that raises serious due process concerns.
Under the program, immigration judges can conduct removal proceedings for certain immigrants serving criminal sentences in federal, state, and local correctional facilities. The purported goal of the program is to deport the immigrants as soon as they complete their sentences. But by focusing on expediency, this secretive program undermines the rights of the people it targets for deportation.
Historical data shows that only a tiny fraction of people facing fast-tracked deportation through the IHP have an attorney. This lack of legal assistance exacerbates other problems with the IHP. Immigrants with criminal convictions—like all immigrants—are entitled to due process in their deportation proceedings. But determining the immigration consequences of criminal convictions is notoriously complicated. Individuals in the IHP are often required to present complex legal arguments without the help of a lawyer to defend against deportation.
The IHP operates almost exclusively through a video teleconference (VTC) system. This makes the process even more difficult as the system is often plagued by technical failings. These immigrants never have the chance to see an immigration judge in person. Instead, they are often left to defend themselves without the help of an attorney, via a faulty video system.
It is unclear how or if the IHP protects the rights of those suffering from mental illness. They are entitled to certain safeguards if an immigration judge determines that they are incompetent. Without lawyers or an in-person appearance before a judge, this population is particularly vulnerable to due process violations.
Despite these concerns, the Trump administration vowed to expand the IHP “[t]o the maximum extent possible.” The need to understand how this program functions has never been more urgent.
The American Immigration Council, the American Immigration Lawyers Association, and the Immigrant Defense Project sued to force the immigration courts to release records and data revealing how the IHP operates, where it operates, and who it targets. Advocates believe this information will bring greater transparency to an expanding, problematic program.
Source: www.immigrationimpact.com
https://www.inmigracionyvisas.com/a4332-Secretive-Program-That-Fast-Tracks-Deportations.html
Etiquetas:
Detention,
Due Process,
immigration,
Institutional Hearing Program,
Program That Fast-Tracks Deportations,
the Courts
viernes, 19 de julio de 2019
ICE Quietly Expands Immigration Detention In The Deep South
By Katie Shepherd www.immigrationimpact.com
While members of Congress were struggling to reach a bipartisan deal in February in order to end the government shutdown, U.S. Immigration and Customs Enforcement (ICE) quietly expanded its complicated network of immigration jails—this time in the Deep South.
In late June, ICE started using three jails in Louisiana and Mississippi, with bed-space for 4,000 people. Just two years ago—at the beginning of the Trump presidency—ICE had the capacity to hold only about 2,000 people. This expansion increase’s ICE’s capacity in Louisiana and Mississippi by 50 percent.
All three of the detention centers are run by private prison companies: Adams County Correctional Center in Mississippi is run by CoreCivic, the Catahoula Correctional Center in Louisiana is run by LaSalle Corrections, and the South Louisiana ICE Processing Center is run by GEO Group.
Private prison companies are driven by financial incentive and so historically have cut corners in order to maximize profit. As a result, privately run jails are chronically understaffed in order to save money and incarcerated individuals may have more limited access to critical services, including medical care and adequate food.
This expansion is particularly concerning given the long and horrifying track record of human rights abuses, staff mistreatment, and inadequate medical care in these facilities in recent years. Deplorable conditions at one of the jails—the Adams County prison—contributed to a 2012 riot that left one guard dead and at least a dozen people injured.
The Department of Justice (DOJ) announced in May that it would no longer use Adams County to hold federal inmates, giving ICE—and CoreCivic, which now runs Adams County—the chance to take over.
In fact, the horrifying conditions in facilities just like these were uncovered by Mother Jones in the summer of 2016, when an investigative reporter went undercover for four months as a guard at a CoreCivic-run jail in Louisiana.
Ramping up ICE detention in the Deep South is particularly problematic given the remoteness of the facilities, and their distance from available attorneys, expert witnesses, and loved ones. The region is notorious for particularly harsh immigration judges. Many of the hearings are likely to be heard by video teleconference (VTC), which disadvantages immigrants. Attorneys and advocates have complained that video technology often breaks down, and the lines may have bad sound quality.
Congress must fully exercise its constitutional oversight authority and hold ICE accountable for repeatedly overspending its detention budget. Further, the Trump administration must decrease its over-reliance on private prison companies, which systemically cut corners at the cost of the well-being and health of the individuals in their custody. Until that happens, individuals in facilities like Adams County, Catahoula, and South Louisiana Processing Center will continue to suffer out of sight of attorneys.
Source: www.immigrationimpact.com https://www.inmigracionyvisas.com/a4323-ICE-Expands-Immigration-Detention.html
lunes, 8 de julio de 2019
Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days
Written by Kristin Macleod-Ball
Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have forced many people to remain incarcerated for months or years during their asylum proceedings. However, on Tuesday, a federal court recognized that this fundamental attack on due process is unconstitutional.
A U.S. district court judge found that the government cannot lock up certain detained asylum seekers without giving a bond hearing before an immigration judge. The Seattle judge ordered that those hearings must take place within seven days of requesting one and that immigration courts must provide new legal protections at the hearings.
This ruling comes after the Attorney General said, in a case called Matter of M-S-, that he would bar immigration courts from deciding whether to release certain asylum seekers held in immigration detention during their often-lengthy asylum proceedings.
The district court’s recent decision in the Padilla v. ICE case protects these immigrants’ right to a bond hearing. It is set to go into effect on July 16. It applies nationwide to people who enter the United States between ports of entry, are put into a fast-tracked deportation process called expedited removal, and then pass an initial screening interview about their requests for asylum. The government is likely to ask a higher court to overturn the decision.
In response to Tuesday’s decision, the White House issued a statement. The statement claims that the decision in Padilla would somehow “lead to the further overwhelming of our immigration system” and that amounted to the judge “[imposing] his or her open borders views on the country.”
Unfortunately, this is merely more of the same from the Trump administration. The White House regularly sends out harmful, anti-immigrant rhetoric with no basis in fact and attacks the courts when judges uphold the Constitution. In reality, Tuesday’s decision simply protects against the Attorney General’s unlawful efforts to upend a half century of standard immigration court procedure by indefinitely and unnecessarily incarcerating asylum seekers.
No one should be subject to arbitrary imprisonment while seeking asylum. This decision could protect many immigrants who would otherwise spend months or years locked up by the Department of Homeland Security simply because they are seeking protection in the United States.
Source: www.immigrationimpact.com
https://www.inmigracionyvisas.com/a4294-Asylum-Seekers-Must-Receive-a-Bond-Hearing-Within-7-Days.html
Etiquetas:
Asylum,
Asylum Seekers,
Detention,
Due Process & the Courts,
Humanitarian Protection,
immigration courts,
protect many immigrants
jueves, 11 de abril de 2019
Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders
Written by Kristin Macleod-Ball
Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may soon be corrected for some asylum seekers.
On Friday, a U.S. district court judge ruled that certain detained asylum seekers must receive a bond hearing within seven days of requesting one. The Seattle judge also ordered that immigration courts must provide legal protections at the hearings.
The ruling in the Padilla v. ICE case is a defeat for the Trump administration. It strikes a blow against the ongoing campaign to punish and deter migrants from seeking asylum.
Judge Marsha J. Peckman ordered the immigration courts to:
- Provide certain detained asylum seekers with a bond hearing within 7 days of requesting one.
- Put the burden of proof on the Department of Homeland Security—not the asylum seekers—to justify continued detention.
- Record or provide a transcript of the hearings.
- Issue a written decision that explains why an immigration judge decides to grant or deny bond at the time the decision is made.
The case is a nationwide class action brought by detained asylum seekers. The decision, which grants their motion for a preliminary injunction, applies to all detained asylum seekers who entered the United States between ports of entry and then passed an initial screening on their asylum claims called a credible fear interview. The American Immigration Council and Northwest Immigrant Rights Project represent the asylum seekers.
This order could drastically change the situation of thousands of detained asylum seekers. Many would no longer need to wait for weeks or months to get a bond hearing.
The order would also put in place important legal protections. Currently, even once they receive bond hearings, asylum seekers are at a disadvantage. They are often unable to gather evidence or obtain legal representation to help with their bond requests while behind bars. Yet, the courts still require they bear the burden of proof to show why they should be released.
Under this system, asylum seekers also are often left in the dark about why their bond requests are denied. Bond hearings are not generally recorded. Judges also don’t have to explain in writing why they denied bond until after an immigrant has already appealed the decision. This creates serious problem for asylum seekers trying to appeal bond denials.
These unfair practices leave many immigrants incarcerated during the entire, lengthy asylum process. Immigrants forced to stay in detention are less likely to succeed in their asylum cases. Some may even give up valid claims to remain in the United States to get out of unsafe detention conditions .
The ruling is set to take effect within 30 days. However, the government could appeal the decision to a higher court or take other steps to prevent it from going into effect in those 30 days.
This decision is still a first step towards ensuring asylum seekers have access to prompt, fair bond hearings.
Source: www.immigrationimpact.com
https://www.inmigracionyvisas.com/a4103-Asylum-Seekers-Must-Receive-a-Bond-Hearing-Within-7-Days.html
Etiquetas:
Asylum,
Department of Homeland Security,
Detained Asylum Seekers,
Detention,
Due Process & the Courts,
Enforcement,
featured,
immigration,
Padilla ICE
lunes, 1 de abril de 2019
Making Sense of the Rising Number of Families Arriving at the Border
Written by Aaron Reichlin-Melnick
Over the past few months, a new trend has emerged at the U.S.-Mexico border: more families are crossing and presenting themselves to U.S. officials to ask for asylum. But even though the number of people crossing the border are still at historically low levels, the Trump administration alleges it is overwhelmed by the arrival of families. These changes in migration patterns have exposed Customs and Border Protection’s (CBP) inability to respond in a humane and effective way.
In February 2019, the Border Patrol apprehended 66,450 individuals after crossing the border. This number represented the largest number of arrests at the border in years. However, it was only 5,000 higher than a similar spike in overall arrivals in spring 2014. During that last spike, only 38 percent of people arriving at the border were families and unaccompanied children. Last month, that percent rose to nearly 65 percent—42,999 in total.
This is the largest number of families apprehended at the border in one month since the government began keeping records in 2012.
CBP border stations were originally created to receive, hold, and process single Mexican adults who were more quickly returned to their home country. In the past, many families were detained in these stations for days at a time, where they suffered freezing temperatures, lack of hygiene, and inadequate medical care. Many would then be transferred to family detention centers, where they were locked up with their children for weeks or months.
But now that more than half of all border crossers are asylum-seeking families, in recent weeks the government has started to release families along the border, citing a lack of capacity.
Government officials are not legally required to detain asylum-seeking families. Officials have always had the discretion to release or parole into the country those who come to the border with instructions to appear at an immigration court for a removal hearing at a later date. Yet CBP has presented its inability to hold everyone in detention as a crisis.
Days after President Trump took office, he issued an executive order which required CBP to reduce the use of humanitarian parole. Following this executive order, CBP increased the use of detention at the border even for individuals who were not flight risks, partly to deter other families from coming. This inhumane practice caused concrete harm to those forced to remain in immigration custody for long periods of time.
Although the agency claims to be overwhelmed, it has had to deal with large numbers of children and families in the past, including in 2014 and 2016. Instead of coming up with solutions to care for children its custody, CBP doubled down on detention and deterrence. By shifting to more readily releasing families now, the government is recognizing that it can’t detain its way out of the current situation and that release is a viable option.
Most of the recently released families will end up appearing in immigration court and seeking protection, as is their right. By avoiding the use of detention, CBP is saving taxpayer money and choosing not to subject asylum seekers to harmful detention which deprives them of access to counsel and limits their ability to obtain relief.
The rise in family apprehensions masks the reality that the border is more secure than ever. With Central Americans making up more than 90 percent of individuals apprehended crossing the border, the days of large numbers of Mexican immigrants coming across the border for work is almost gone. New studies show that with improving economic conditions and a resurgence in national pride, few Mexicans are interested in traveling to the United States.
Faced with these new migration patterns, the Trump administration must recognize that rising border apprehensions do not present the same challenges as in the past. To address the changes, the administration should invest in better infrastructure, including ensuring that families and children are not subjected to deplorable conditions while in CBP custody.
Fuente: www.immigrationimpact.com/
https://www.inmigracionyvisas.com/a4086-Rising-Number-of-Families-Arriving-at-the-Border.html
jueves, 28 de marzo de 2019
Immigrants Are Regularly Kept Locked Up For Months After Deportation Orders
Written by Kristin Macleod-Ball
When the U.S. government orders that an immigrant in its custody must be deported, the person isn’t supposed to remain incarcerated for long. Yet the Department of Homeland Security (DHS) often does not deport people promptly. This means thousands of people suffer in detention for months after they’re ordered deported.
This is what the DHS’s Office of Inspector General (OIG) found in a report earlier this month.
The federal watchdog looked at the cases of everyone in DHS custody with removal orders on a single day. Immigration law generally requires that DHS deport people within 90 days after a final removal order. But DHS held 3,053—almost a quarter of the people in custody with final removal orders—for longer than that. When OIG checked back in on those people three months later, it found that 1,284 were still detained.
More than 1,000 immigrants were still locked up more than 6 months after they received their final removal orders.
Almost 20 years ago, in a case called Zadvydas v. Davis, the Supreme Court ruled immigrants with final removal orders can’t be forced to stay in detention for an unlimited period of time. Even if the government can’t physically deport someone from the United States, the person can’t sit in jail indefinitely just because of their removal order.
If deportation is not foreseeable, it’s usually considered unreasonable to keep a person jailed for more than 6 months after a removal order. There is an exception for people who haven’t been deported because they are challenging a removal order in the courts. Many of the people described in the OIG report were still in detention for this reason. However, others stayed detained for months because DHS or foreign governments delayed getting necessary travel documents or flight arrangements.
Forty percent of the people detained for at least 90 days after their removal orders were held because of this type of government-created delay. 300 of them were still in DHS custody 3 months after that.
While the OIG report’s findings are disheartening, they are not surprising. Under the Trump administration, DHS has expanded its capacity to detain immigrants. Currently, U.S. Immigration and Customs Enforcement detains 48,000 immigrants every day. President Trump has requested funding to increase immigration detention even more.
Regardless of the reason for the prolonged detention, it should not be regular DHS practice to incarcerate immigrants for months after they are ordered removed. Immigration detention is a form of civil detention—meaning it is not a form of punishment for any unlawful conduct. Keeping people locked up because they are exercising their legal rights to challenge their deportation or because of government-created delays is unjust.
Fuente: www.immigrationimpact.com/
https://www.inmigracionyvisas.com/a4080-Immigrants-Are-Kept-Locked-Up-After-Deportation-Orders.html
lunes, 8 de octubre de 2018
Surprise Government Inspection Finds Nooses in ICE Detention Center, Doctors Refusing to Treat Immigrant Detainees
Written by Melissa Cruz
When government officials conducted a surprise inspection of the immigration detention center in Adelanto, California this May, they were met by many signs of serious neglect and abuse, including the chilling sight of nooses made from twisted bed sheets hanging in multiple cells.
This abuse and neglect are highlighted in a new report by the Department of Homeland Security’s Office of Inspector General (OIG) and show how Adelanto staff’s blatant disregard of federal detention standards created a dangerous environment for immigrant detainees.
Those held at the facility include asylum seekers, individuals caught up in raids, and others identified by U.S. Immigration and Customs Enforcement (ICE) as eligible for deportation. Some have just crossed the border while others have been in the United States for decades—though many are detained for years as their cases are decided.
The OIG report instructs ICE and GEO Group, the private prison company that operates the center and houses the 2,000 ICE detainees, to focus on three particular areas for immediate improvement.
According to the report, OIG is most concerned about:
Nooses Hanging in Detainee Cells
During OIG’s inspection, officials found braided bed sheets hanging from vents in 15 out of the 20 cells they visited. Both staff and detainees referred to these bed sheets specifically as “nooses.”
When asked why they were not removing the nooses, several guards said they were “not a high priority”—despite the seven suicide attempts that occurred at the facility in a 10-month span last year.
One detainee told the inspectors he had witnessed several people try to commit suicide by tying their bed sheets to the vents. “The guards laugh at them and call them ‘suicide failures’ once they are back from medical,” the detainee said.
Improperly Segregating Detainees
ICE detainees can be removed from the facility’s general population under certain circumstances, like if they commit a serious rule violation or need medical attention.
Adelanto staff are required to follow these ICE standards for segregation—yet detainees are often removed from general population for no clear reason in a violation of their rights.
OIG officials noted that every detainee that was removed during their inspection had been inappropriately placed in segregation. These detainees also had their family visitations revoked and were no longer allowed to purchase toiletries from the commissary, neither of which are listed as an available penalty in ICE’s detention standards.
In other cases, communication assistance was not available as required. Inspectors noted one such instance during their visit, in which a segregated blind man with limited English proficiency was not given documents he could read in braille or understand. Additionally, OIG officials found that no segregated detainees were provided documents translated into their native languages.
Failure to Provide Adequate and Timely Medical and Dental Care
OIG officials found that staff physicians, nurses, and mental health providers did not perform their required daily one-on-one evaluations with detainees. The report noted that medical staff would often pass by detainees’ cells, stamp their name on detainees’ records that hang outside of cells, and move on without ever stopping to conduct an evaluation.
Both internal reviews and detainee testimonials also showed that people waited months to see a doctor for persistent health problems and were not given their prescribed medication.
Additionally, dentists on-site refused to perform basic dental care. According to the center’s logs, no detainees received cleanings or fillings for four years. Many detainees’ teeth would fall out before their appointments—they were either wait-listed for months at a time or dentists would cancel the appointment without warning.
Some preventative dental equipment, like floss, is only available through the commissary. When asked what detainees should do while waiting for an appointment, one staff dentist suggest that detainees “could use string from their socks to floss if they were dedicated to dental hygiene.”
OIG officials recommended ICE conduct a thorough investigation of the detention center to ensure the safety, rights, and health of detainees. ICE said it will comply and has scheduled a contractor to conduct an inspection beginning next week.
These findings by OIG are disturbing. They show the importance of surprise inspections and the need for congressional oversight of ICE.
Source: www.immigrationimpact.com
http://www.inmigracionyvisas.com/a3916-Doctors-Refusing-to-Treat-Immigrant-Detainees.html
Etiquetas:
Abuses,
Detention,
Enforcement,
featured,
ICE detainees,
Immigrant Detainees,
Immigration and Customs Enforcement,
Office of Inspector General
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