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Stories tagged with “Immigration and Customs Enforcement

Immigration

Paperwork Technicality May Send Gay Immigrant Back to Senegal

Michel Mendy

A gay man may soon be deported to his country of origin where homosexuality is a crime, all thanks to a small paperwork technicality. Michel Mendy, an artist who came from Senegal to America on a performance visa, faces imminent removal because he has been charged with not informing Immigration and Customs Enforcement (ICE) of an address change.

In 2010, Mendy was shot as a bystander during a robbery. When he woke up in the hospital police officers approached Mendy not about being the victim of a robbery, but were curious instead about his immigration status. Mendy was detained for overstaying his performance visa, but then released only after posting bail. For the past three months, Mendy has been held in an ICE detention center for failing to update his address change, which according to ICE’s draconian actions, is a violation serious enough to warrant deportation. Although ICE had visited Mendy at his new residence, the government branch claims that Mendy never informed them about his address change. Mendy did however notify the United States Citizenship and Immigration Services (USCIS) about his address change.

Under the threat of deportation, Mendy is assured to face assault or even death since homosexuality is illegal in Senegal. Even without evidence, a gay man can be sentenced to as many as eight years in prison for having sex. He can also be fired from his job. Under current law Mendy could qualify for asylum, but the immigration system has instead relegated him into legal limbo.

A rally to protest his removal will be held on Monday at the Detroit ICE detention center where Mendy is held.

Mendy is not a criminal, but a low-priority case according to a 2011 “prosecutorial discretion” memo released by ICE Director John Morton prior to Mendy’s 2013 apprehension. If Mendy is deported, that does not comport with ICE’s message of focusing on high-priority cases, which it has repeatedly ignored even after its hyped-up assurance that low-priority cases will be handled without the fear of deportation.

Unfortunately without the help of activists, Michel Mendy is just one of the many low-priority individuals for whom the fear of deportation has not been lifted.

Justice

Oregon Sheriff Says He’s Forced To Release Burglars To Jail Undocumented Immigrants

An Oregon county’s commitment to detain undocumented immigrants at the federal government’s request has left little room in its overcrowded jail cells for people involved in more serious offenses. In the last month, Sheriff Dan Stanton said his jails have released individuals involved in the unlawful use of a weapon, assault, robbery, and a car chase in order to jail immigrants for 48 hours so that Immigration and Customs Enforcement can investigate their status.

However, Stanton says the county can no longer afford to release criminals in order to hold alleged undocumented immigrants (his new policy would exclude anyone accused of felonies and misdemeanor violent crimes). According to KATU News, Stanton argued the current system puts “undue burden on the county:”

“I’m releasing people who are committing burglaries. I’m releasing people that are stealing vehicles. I keep releasing people that are low level drug offenders and I’ve got to put a stop to it.

According to Detention Watch Network, 67 percent of the 33,330 immigrants detained in 2011 were held in hundreds of county and city prisons.

A handful of cities, including New York City and Los Angeles, already limit their cooperation with federal immigration officials on requests to detain immigrants with no serious criminal offense. Budget cuts appear to be forcing many to rethink immigrant detentions, considering their staggering cost at $119 per person per day.

Justice

More Than 300 Immigrants Are Being Held In Solitary Confinement

According to a report in the New York Times on newly released federal data, roughly 300 immigrants are currently being held in solitary confinement at the 50 largest facilities throughout the United States immigration detention system — the largest such system of any in the world. Many of these detainees are being held on civil as opposed to criminal charges, and thus are “not supposed to be punished; they are simply confined to ensure that they appear for administrative hearings.”

On any given day, about 300 immigrants are held in solitary confinement at the 50 largest detention facilities that make up the sprawling patchwork of holding centers nationwide overseen by Immigration and Customs Enforcement officials, according to new federal data.

Nearly half are isolated for 15 days or more, the point at which psychiatric experts say they are at risk for severe mental harm, with about 35 detainees kept for more than 75 days.

While the records do not indicate why immigrants were put in solitary, an adviser who helped the immigration agency review the numbers estimated that two-thirds of the cases involved disciplinary infractions like breaking rules, talking back to guards or getting into fights. Immigrants were also regularly isolated because they were viewed as a threat to other detainees or personnel or for protective purposes when the immigrant was gay or mentally ill.

Of those immigrants being held in solitary confinement, 11 percent where mentally ill, 46 percent were held for 15 days or more, 21 percent were held 45 days or more, and 11 percent were held 75 days or more.

Solitary confinement generally involves holding prisoners for 23 hours a day in a small, windowless cell with a steel door. The one allowed hour of recreation usually takes place in similarly small enclosures that are indoors or lined with fencing — “similar to an indoor dog kennel,” as the Times put it. Access to phones, lawyers, outside communication, or even showers is often strictly limited. Solitary confinement is widely considered a psychologically damaging and dangerous form of confinement, and earlier this year the Federal Bureau of Prisons announced it will be carrying out a study of the practice. One federal court has already determined that solitary confinement of the mentally ill, at least, amounts to cruel and unusual punishment.

The overall population of immigrants in detention has exploded by 85 percent since 2005, and now stands at roughly 400,000. At the same time, there are more than 80,000 people in solitary confinement throughout then United States at a given moment — again, the largest number of any country in the world.

Immigration

Gov. Jan Brewer Claims Immigrant Detainee Release ‘Could Be Payback’ To Make Arizona ‘Squirm’

Anticipating broad automatic spending cuts that kick in on Friday, Immigration Customs Enforcement announced it would release up to 10,000 nonviolent detainees from detention centers nationwide. The news this week finally provoked outrage from Republicans who have so far played down the consequences of the sequester.

On Fox News, Arizona Governor Jan Brewer (R) claimed Friday there is another reason entirely for the release. According to Brewer, detainees were released across the country as part of a tit for tat scheme to get back at the governor and state:

JAN BREWER: [Janet Napolitano] is in the position, as is the President, they ought not to be in the position of surprise and they are the people who are putting everybody else in the mode of surprise. Chaos. It is simply total chaos, and it’s the blame game.

BILL HEMMER (HOST): Why do you think this happened in Arizona, in your state? What do you think?

BREWER: Well, you know, I personally believe that it could be pay back, it could be to punish Arizona, make them squirm. They are pushing back on what we are pushing on. Because we want our borders secured. And we’re strong about it; we believe in the rule of law, which they should be upholding. And they’re not. [...]

HEMMER: Do you think they are picking on you?

BREWER: I think it’s obvious they are doing everything in their power. This is just another notch in their belt bucket if you will. They are suing Arizona, when did you see the federal government sue a state?

As Elise Foley notes, “detaining immigrants is an expensive business, with an average daily cost of $122 to $164 per person, according to the American Civil Liberties Union.” Alternative methods, such as meeting with a caseworker or wearing an ankle bracelet, cost as low as 30 cents per person. The number of detainees has grown to more than 400,000 in the same period ICE’s budget has increased 87 percent since 2005.

In Arizona, ICE says it released 300 people this week and will supervise them using alternative methods, while another 2,280 remain in custody.

Immigration

GOP Rep Compares Obama Administration To Communist Cuba

Bracing for automatic budget cuts set to go into effect tomorrow, the Department of Homeland Security released about 10,000 nonviolent detainees from immigration detention centers on Monday. Republican lawmakers have railed against the move, even as two attempts to avert the so-called sequester cuts were derailed in the Senate today. Rep. Lou Barletta (R-PA) went so far as to compare the DHS’ release of detainees to communist Cuba:

This reminds me of Fidel Castro’s release of criminals in the Mariel Boatlift in 1980…This is unacceptable, irresponsible and reckless. If this is the best cost-savings that Secretary Napolitano can do, then we have to begin to seriously question her judgment…How many criminals have now been released on our streets? And the president shrugs his shoulders and pretends that someone else is responsible. At a certain point, President Obama must take ownership of what goes on in his own administration.

The Mariel Boatlift was a mass exodus from Cuba to the US that erupted into controversy when it was discovered some of the refugees were from Cuban jails and mental hospitals. But according to a Congressional report, just 10 percent of the 125,366 Cubans who came to the US had a criminal record or a history of mental illness that would have prevented them from immigrating to the US. These so-called “excludables” returned to Cuba 4 years later. Even so, “Marielitos” endured a stigma from political and media portrayals of the refugees as criminals.

Like Marielitos, the detainees being released by the DHS have been stigmatized as dangerous criminals by anti-immigrant lawmakers like Barletta. All 10,000 detainees were convicted of nonviolent immigration-related crimes. In fact, the largest growing segment of the US prison population are detained for nonviolent immigration offenses. ICE detainees are often never even convicted of an immigration crime, but are simply sent to languish indefinitely in detention centers, while awaiting a trial. Thousands of detainees in 2010 actually turned out to be American citizens.

Economy

Republicans Suddenly Outraged About Consequences Of Looming Spending Cuts

Barring a last minute agreement, the automatic across-the-board spending cuts that were included in the Budget Control Act will go into effect on Friday, affecting everything from food safety inspections, to HIV testing kits, and domestic violence programs. On Monday, Immigration of Customs Enforcement even began releasing some 10,000 nonviolent detainees from Immigration Detention Centers, citing the looming budget cuts. “I’m supposed to have 34,000 detention beds for immigration,” said Homeland Security Secretary Janet Napolitano. “How do I pay for those?

Republicans — who have remained silent on the cuts that would effect health care and education programs — immediately expressed outrage, arguing that the Obama administration was purposely releasing immigrants to scare the public. “This is very hard for me to believe that they can’t find cuts elsewhere in their agency,” House Speaker John Boehner (R-OH) said in an interview with CBS. “I frankly think this is outrageous. And I’m looking for more facts, but I can’t believe that they can’t find the kind of savings they need out of that department short of letting criminals go free.”

The party finally found a cut it didn’t like, even though all of the immigrants released were being held on non-violent, immigration-related offenses and are still being tracked by ICE.

Taxpayers are forking over roughly $5.1 billion to the private prison industry every year to pay for detention centers, which hold thousands of immigrants who have not been convicted on any crime.

At around $164 per day per immigrant in detention, the centers are a huge burden on the U.S. economy and are home to multiple human rights violations.

Update

The AP reports that Executive Associate Director at ICE, Gary Mead, resigned Wednesday after the White House revealed that they did not know about the release of immigrants from detention centers:

Mead had told co-workers of his resignation in the email sent Tuesday, hours after U.S. officials had confirmed that a few hundred illegal immigrants facing deportation had been released from immigration jails due to budget cuts.

President Barack Obama’s spokesman said Wednesday the White House was never consulted but described the immigrants as “low-risk, non-criminal detainees.”

ICE almost immediately disputed the report, saying that it was “inaccurate and misleading,” since Mead had been planning to retire before the detainee release.

Immigration

More Agents Patrol Arizona’s Border Than Ever Before, But Arrests Drop To Historic Low

As Congress takes up comprehensive immigration reform, House Republicans have insisted the U.S. needs increased border security before even considering earned citizenship for undocumented immigrants.

However, arrests at the border have dropped dramatically in Arizona to their lowest level in 19 years, even though more agents are deployed there than ever before:

The agency reported that apprehensions dropped to 124,631, a drop of more than 43 percent in the past two years and more than 82 percent since the highest mark in 2000.

Meanwhile, the number of agents stationed in Arizona rose to its highest level, with more than 5,100 in the state:

There is no clear relationship between the 21,000 agents patrolling the border and increased security. While the U.S. spends $18 billion on immigration enforcement, border crossings are at a 40-year low with net undocumented immigration at or below zero.

The Arizona Daily Sun recently warned against sidelining immigration reform with too many prerequisites for border security, arguing, “it is no longer justifiable to hold immigration reform hostage to an undefined “secure” border because of federal inaction.” The Arizona Republic wrote, “The plan devotes a great deal of emphasis to border security, promising more resources for an effort that already has seen years of extensive expenditures on infrastructure, technology and Border Patrol agents.”

Even Republicans, like Sen. John McCain (R-AZ), admit that the border is more secure than ever before. Meanwhile, there is more than enough economic and historic evidence for why the debate needs to focus on citizenship, and not border enforcement.

Politics

The U.S. Border Is More Secure Than Ever Before

The bipartisan framework for immigration reform proposed by a bipartisan group of 8 senators would provide 11 million undocumented immigrants with a pathway to citizenship only “upon securing the border and combating visa overstays.” The plan establishes a commission of border state governors and other officials to monitor security measures and increases the number of unmanned aerial vehicles, surveillance equipment, and agents at the border. Once the Department of Homeland Security meets its enforcement targets, undocumented immigrants will be able to earn green cards and eventually achieve citizenship.

And while security can be enhanced, the U.S. has more resources deployed than ever before and illegal border crossings have dropped dramatically:

Billions spent on enforcement: The U.S. spent $18 billion on immigration enforcement in the 2012 fiscal year, which is more than every other federal law enforcement agency combined.

Border crossings are at 40-year low: At the same time, illegal border crossings have dropped to their lowest level since the Nixon administration, and net undocumented migration is at or below zero. Meanwhile, annual deportations at a historic high.

Most parts of the border are already secure: Even with fewer people apprehended at the border, border agents now patrol every single mile of the border every day. The vast majority of the border already meets one of Homeland Security’s highest standards of security, and there are 21,370 agents, along with six unmanned aircraft systems.

The ACLU has also warned that the existing lack of “meaningful accountability and oversight” over Border Patrol actions has contributed to “cases of blatant human rights violations, such as 19 or more uses of “lethal force”’ since January 2010.

The senators expect the border commission to play an advisory role in determining the enforcement of the border security provisions, though Sen. Marco Rubio (R-FL) has said that the “commission’s recommendation will be a central component” to certifying if security is adequate and immigrants can begin achieving permanent legal statuses.

Update

During a press conference announcing the proposal, Sen. John McCain (R-AZ) admitted that the security along the border has dramatically improved. “There is no question, there has been a significant reduction in illegal crossings over the past five years,” he said. “Apprehension by the border control have dropped 70% from 2005 to 2012. But their work is not yet complete. Greater focus need to be paid to drug traffickers and criminals that cross the border.”

Justice

Cost Of A Broken System: U.S. Spent More On Immigration Than All Other Federal Enforcement Agencies Combined

During the 2012 fiscal year, the federal government spent more on immigration enforcement — $18 billion — than on every other federal law enforcement agencies combined, according to a new report from the Migration Policy Institute. The spending on Immigration and Customs Enforcement and Customs and Border Protection dwarfs the combined $14.4 billion spent on the FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration and U.S. Secret Service.

The U.S. has spent more than $187 billion on immigration enforcement since President Reagan signed the Immigration Reform and Control Act in 1986 — which first made it illegal for employers to hire undocumented workers along with strengthening U.S. border security. Adjusted for inflation, the U.S. now spends 15 times as much on immigration enforcement as it did in the mid-1980s. And the number of deportations and immigration-related prosecutions has also jumped along with the increased spending:

The Migration Policy Institute found that ICE and CBP also refer more cases to prosecution than those other agencies combined, and the immigration agencies also held more individuals in fiscal year 2011 than the federal Bureau of Prisons. [...]

At the same time, deportations have exploded. The U.S. deported about 30,000 people in the 1990 fiscal year; in the 2012 fiscal year, it removed a record 409,894. A majority of those people were deported without an order from an immigration judge, instead using DHS’ discretion, the Migration Policy Institute found.

President Obama has taken steps to try to limit deportations that separate families living in the U.S., but as the MPI report highlights, officials are not using the discretionary policies available. In addition to a new rule announced last week that allows undocumented immigrants who can prove that time away from a parent, spouse or child will cause “extreme hardship” to return to the United States while they apply for legal status, the deferred action measure announced last summer has already succeeded in temporarily blocking deportation of more than 4,500 immigrants, with some 150,000 other applications pending.

But the high costs and increasing number of deportations continue to show exactly why Congress needs to address comprehensive immigration reform, including a path to citizenship for undocumented immigrants living in the U.S. With comprehensive reform that provides a path to citizenship, the U.S. would see a cumulative $1.5 trillion to the U.S. gross domestic product — the largest measure of economic growth — over 10 years in addition to $4.5 billion to $5.4 billion in additional net tax revenue over just three years if the 11 million undocumented immigrants were legalized.

Justice

In Two Years, Immigration Officials Have Deported Hundreds Of Thousands Of Parents Whose Children Are U.S. Citizens

Over two years, Immigration and Customs Enforcement officials have deported more than 200,000 undocumented immigrants whose children are U.S. citizens, according to data obtained by Colorlines. That number accounts for 23 percent of all deportations between July 1, 2010, and Sept. 31, 2012. And the number of parents who are deported has remained roughly the same since Congress required ICE to track the number of parental deportations, despite “prosecutorial discretion” guidelines from 2011 to prioritize the deportations of people with serious criminal convictions over mothers and fathers:

The guidelines, released on June 17, 2011, in a memo from ICE director John Morton, instructed ICE agents to focus deportation efforts on people with serious criminal convictions, those picked up crossing the border into the U.S., and those who had previously been deported from the country.

The memo also ordered agents making deportation decisions to weigh “the person’s ties and contributions to the community, including family relationships,” and “whether the person has a U.S. citizen or permanent resident spouse, child, or parent.”

In answer to questions about the parental deportation data, ICE officials told Colorlines.com the continued pace of deportations does not reflect a failure to implement prosecutorial discretion, because most deported parents have other factors weighing against them.

“Evaluation of this data in the past has repeatedly shown that the overwhelming majority of these individuals have significant criminal and/or immigration histories placing them within ICE’s enforcement priorities,” wrote agency spokesperson Gillian Christensen in an emailed statement, “therefore making them ineligible for an exercise of prosecutorial discretion.”

“We are in a crisis situation in which we need to start taking action immediately to prevent these needless and often-times permanent separations of American children from their families,” Rep. Lucille Roybal-Allard (D-CA) told Colorlines. Roybal-Allard introduced a bill last year to protect the parental rights of parents who have been detained and deported. According to a 2011 report by the Applied Research Center, at least 5,100 U.S. citizen children are stuck in the foster care after a parent was deported. Within five years, researchers estimate that number could triple to 15,000 at the current rate of deportations.

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