Immigrant Domestic Violence Victims Have Options

Next Door Solutions

For every case of partner abuse and domestic violence, there usually is a pattern of control placed on the victim to prevent her from leaving. Whether it is financial, emotional, or physical, abusers find many ways to trick their partners into staying. Leaving an abusive partner is difficult enough under such circumstances, but immigrant victims have the added threat of deportation and the loss of their children as well. However, by providing immigrant victims with information about their rights and their legal options, we can give them alternatives to violence, abuse, and torment.

The decision to escape violence in the home is one that is almost impossible to make alone. It obviously involves major effort from victims, but it also may involve non-profit advocate groups, social service agencies, and law enforcement.  The process that helps victims escape their abusers can be difficult and can be more complicated when the victim is an immigrant or a non-English speaker. A victim may be afraid to ask for legal assistance because she doesn’t speak English or doesn’t speak English well enough. She may also be afraid that she will be deported. Additionally, immigrant victims of domestic violence may believe that they don’t have the same rights or legal protections than their abusers.

EVERY person that needs help from Next Door Solutions can get help, regardless of immigration status. Immigration status is not reported to any other office and a client’s safety, privacy and confidentiality is the most important part of receiving services. ALL victims of domestic violence, including undocumented immigrants have legal rights, legal options and a means to escape their abuser without the risk of deportation or losing their children. One such option is the Violence Against Women Act (VAWA), which was passed by the United States Congress in 1994. Under the Violence Against Women Act, non-citizens who are married to or who have, within the previous 2 years, divorced U.S. citizens or legal permanent residents can petition to obtain legal permanent residence. So, instead of a victim depending on an abusive partner for immigration status, a victim can apply for residency in a confidential statement without the approval or knowledge of their spouse.

If a victim’s abuser is not a U.S. citizen or a legal permanent resident, she may not use VAWA to gain residency, but can apply for a U-Visa or a U-Non Immigrant Status. A U-Visa provides legal immigration status to non-citizens who are willing to assist police in the investigation of the crimes against them. To apply for a U-Visa, a victim’s abuser doesn’t need to be a U.S. citizen or even a lawful resident, and the victim does not have to be married to the abuser. The only requirement of the U-Visa is that the violent crime must be reported to the police and applicants must be willing to assist officials in the investigation and prosecution of the crime.

For every case of partner abuse and domestic violence, there usually is a pattern of control placed on the victim to prevent her from leaving. Whether it is financial, emotional, or physical, abusers find many ways to trick their partners into staying. Leaving an abusive partner is difficult enough under such circumstances, but immigrant victims have the added threat of deportation and the loss of their children as well. However, by providing immigrant victims with information about their rights and their legal options, we can give them alternatives to violence, abuse, and torment.

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Analysis Human Rights

ICE Releases Reports for 18 Migrants Who Died in Detention, Medical Neglect Is Suspected

Tina Vasquez

Though the death reviews released by ICE provide further insight into the conditions inside detention centers, the bigger concern among researchers and advocates is what they don't know.

A new report from Human Rights Watch (HRW) documents the deaths of 18 migrants in Immigration and Customs Enforcement custody from mid-2012 to mid-2015. In some cases, the deaths were likely preventable and the result of “substandard medical care and violations of applicable detention standards.”

These are not the only deaths that occurred, however. ICE acknowledges on its website that 31 deaths have occurred between May 2012 and mid-June of this year. It is unclear whether ICE intends to release information about the additional 13 deaths that have occurred.

Even so, these new findings add to a growing body of evidence showing what HRW calls “egregious violations” of medical care standards in detention centers. A February report found such violations contributed to at least eight in-custody deaths over a two-year period.

The public is just beginning to learn more about the deeply rooted problem, Clara Long, a researcher with Human Rights Watch and the lead researcher on the report, explained to Rewire. Long referenced an ongoing investigation by reporter Seth Freed Wessler at the Nation, which explores the numerous deaths that have occurred inside immigrant-only prisons.

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Though the death reviews released by ICE provide further insight into the conditions inside detention centers, the bigger concern among researchers and advocates is what they don’t know. For example, HRW worked with two independent medical experts to review the 18 death reviews released by ICE. The experts concluded that substandard medical care “probably contributed to the deaths of seven of the 18 detainees, while potentially putting many other detainees in danger as well.” Long told Rewire that the information provided by ICE simply wasn’t enough for their independent medical experts to determine that all 18 deaths were related to inadequate medical care, but that it was “likely.”

So there is the larger, systemic issue of inadequate medical care. Researchers at HRW also don’t know exactly how ICE collects information or why the agency releases information when it does. There’s also the core of the issue, as Long noted to Rewire: that the United States “unnecessarily” detains undocumented immigrants in “disturbing conditions” for prolonged periods of time.

Major Failures Lead to Death

The new HRW report identified two of the most dangerous ways ICE is failing migrants in detention: not following up on symptoms that require assistance and not responding quickly to emergencies. Both failures are illustrated by the case of 34-year-old Manuel Cota-Domingo, who died of heart disease, untreated diabetes, and pneumonia after being detained at the Eloy Detention Center in Eloy, Arizona.

ICE’s death review for Cota-Domingo suggests there was a language barrier and that Cota-Domingo was worried about having to pay for health care, which isn’t surprising given that detention centers make migrants pay for things like phone calls to their attorneys and family members. HRW asked Corrections Corporation of America, the company that runs the Eloy Detention Center, about potential fees for medical care, and it said there are no fees for such services at Eloy. For whatever reason, Cota-Domingo was not aware he had a legal right to access the medical care he needed.

When it became clear to his cellmate that Cota-Domingo was in serious need of medical attention and was having trouble breathing, the cellmate “banged on a wall to get a guard’s attention. His cellmate said he did that for three hours before anyone came to help,” Long said. The researcher told Rewire the death report outlines how investigators checked to see if the banging would have been audible to correctional officers.  It was. “Once [the cellmate] got their attention, our medical experts said this was something that should have been followed up on immediately, but the nurse decided to wait several hours before doing anything. All of these sluggish responses went on for eight hours. This is not how you treat an emergency,” Long said.

As Human Rights Watch noted in the report, “When officers finally notified medical providers of his condition, they delayed evaluating him and finally sent him to the hospital in a van instead of an ambulance. Both medical experts concluded that the combination of these delays likely contributed to a potentially treatable condition becoming fatal.”

In other death reviews by ICE, the agency’s own records show “evidence of the misuse of isolation for people with mental disabilities, inadequate mental health evaluation and treatment, and broader medical care failures.” Tiombe Kimana Carlos, Clemente Mponda, and Jose de Jesus Deniz-Sahagun all committed suicide in ICE detention after showing signs of “serious mental health conditions.” HRW’s independent experts determined that “inadequate mental health care or the misuse of isolation may have significantly exacerbated their mental health problems.”

It’s important to note that none of the death reviews released by ICE admit any wrongdoing, and that’s primarily because they don’t seek to examine whether medical negligence was at play. The reports simply present information about the deaths.

“There is no conclusion drawn, really,” Long told Rewire. “There’s one [report] in particular that even goes beyond that; it doesn’t even take into account the quality of care that led to the death, even though it’s clearly an issue of quality of care. That raises the question: What is the report for? ICE doesn’t conclude the cause. If you read [the death reviews], you can see there’s a lot of detailed information included in them that allows someone with expertise in correctional health care and who is familiar with how these systems should work, to make an assessment about whether care contributed to death, but that’s not something ICE doesat least not in the information we are able to access.”

ICE’s Murky Death-Review Process 

In a statement to Rewire, ICE explained that when a person dies while in the agency’s custody, their “death triggers an immediate internal inquiry into the circumstances.” The summary document ICE releases to the public is “the result of exhaustive case reviews conducted by ICE’s own Office of Detention Oversight (ODO), which was established in 2009 as part of the agency’s comprehensive detention reforms,” Lori K. Haley, a spokesperson with ICE, told Rewire in a prepared statement.

In fact, the ODO was created as a direct result of a series of reforms from the Obama administration after reports of human rights abuses and deaths in detention centers. The death review it produces includes a mix of findings from ICE’s own investigators and from a Beaumont, Texas-based company called Creative Corrections.

According to its website, Creative Corrections serves “local, state and federal government agencies,” offering “training, advising, professional management and consulting services” in “correctional, law enforcement, rule of law, and judicial systems.” The company contracts include the Department of Homeland Security (DHS).

“From what we can see from the documents, both ICE and Creative Corrections interview various people involved, check records, do what seems to be a pretty robust investigation for the death review,” Long said. “Unfortunately, in the set of death reviews that we used for this investigation, [the public doesn’t] have access to the Creative Corrections reports or any of the exhibits that go along with them.”

As the ICE spokesperson noted, the summary documents are typically written by ICE staff. The documents released to the public do not include medical records, full reports from Creative Corrections, or any exhibits that would provide more insight into the apparent medical neglect resulting in an estimated 161 people dying in ICE custody since October 2003. Six migrants have died in ICE custody since March 2016, two of whom died at two different detention centers in the same week. The causes of these most recent deathsand whether they can be attributed to medical neglect—is still unknown.

“If we had access to all of the information gathered during these investigations, including the reports from Creative Corrections, they would be very rich sources of information,” Long said.

Long and other researchers are also hoping for more information regarding the deaths that happen just after migrants are released from ICE custody. Teka Gulema, an Ethiopian asylum seeker detained at Etowah County Detention Center in Gadsden, Alabama, was released from ICE custody in November 2015 while in the hospital after becoming paralyzed from a bacterial infection acquired in detention. He died in January.

“One concern we have, and it’s a very big fear, is that there are multiple reports of folks who are released from ICE custody while in critical condition,” Long said. “When they die, they are no longer counted as in-custody deaths [by ICE]. We’re worried that’s a loophole being exploitedand for obvious reasons, we don’t have a number in terms of how often this is happening.”

The researcher said she has “no idea” when or why ICE decides to release information, including death reviews.

ICE did not respond to Rewire‘s request for information about its schedule or process for releasing such information.

“Maybe they released the 18 reports because they were cleared for release. Maybe a congressional office asked for them. Maybe they decided to be transparent. It could have been a [Freedom of Information Act] request from the ACLU. I wish I knew, but we really have no idea who decides—or why they decide—to release information, especially without making anyone aware that it’s been released,” the researcher told Rewire.

In April, ICE posted a series of spreadsheets about the inner workings of the detention system on their website that Long said provided a lot of information about how detention operates. The spreadsheets were removed from the site in a matter of days, too soon for many researchers—including HRW—to download them all.

“It’s a big system. We still don’t totally know how it works, which in itself is a major problem,” Long said. “One of the biggest lessons we’ve learned is to always check the ICE website. You never know what you’ll find.”

Rethinking Detention

DHS secretary Jeh Johnson is engaging in what some advocates are calling an “enforcement overdrive,” by funneling more undocumented immigrants into an already overcrowded detention system thanks to the detention bed quota established in 2009. This quota requires 34,000 undocumented migrants be locked up each day. It is in place to ensure more people get deported, though it’s costing taxpayers $2 billion a year while also creating “a profitable market for both private prison corporations and local governments,” the National Immigration Forum has said.

Reporting for the Nation, Michelle Chen recently noted that “migrants are warehoused under convoluted partnerships involving private vendors and state, local, and federal agencies. Homeland Security may contract out security duties to, or use facilities owned by, private vendors—dominated by Corrections Corporation of America (CCA) and GEO Group—with preordained headcount distributions ranging from 285 in Newark to more than 2,000 in San Antonio.”

Long told Rewire that 80 percent of migrants currently in detention are in what is considered “mandatory detention,” which, according to the Immigrant Legal Resource Center, means that “non-citizens with certain criminal convictions must be detained by ICE. People who are subject to mandatory detention are not entitled to a bond hearing and must remain in detention while removal proceedings are pending against them.” This also means that those in mandatory detention aren’t allowed to have an individual assessment by ICE of their case, “so they just sit in immigration detention indefinitely,” Long said.

“This system doesn’t work. We’re detaining far too many people for far too long and not determining on an individual level if they should be detained in the first place, taking into account all of the options available,” Long said. Options include being monitored by ICE using telephonic and in-person reporting, curfews, and home visits.

Long joins a long list of undocumented community members, researchers, organizers, activists, and other advocates pushing for the Obama administration—and whoever comes after it—to see detention as a last resort, rather than the only resort.

“We spend a lot of time talking about the disturbing conditions in detention centersthat’s what our report is about. But step one requires taking a step back and rethinking this system and how it’s unnecessary and also abuses vulnerable peoples’ rights,” Long said. “In terms of the legality of treating people this way, under U.S. and international law, people who are detained are entitled to medical treatment. The state has an obligation to provide care to this population. They are failing, and people are dying.”

Commentary Race

Have a Problem With Black-Only Spaces? Get Over It

Ruth Jeannoel

As the parade of police killings of Black people continues, Black people have a right to mourn together—and without white people.

This piece is published in collaboration with Echoing Ida, a Forward Together project.

Dear Non-Black People:

If you hear about a healing space being organized for Black folks only, don’t question or try to be part of that space.

Simply, DON’T.

After again witnessing the recorded killings of Black people by police, I am trying to show up for my family, my community, and victims such as Alton Sterling and Philando Castile. I am tired of injustice and ready for action.

But as a Black trans youth from the Miami, Florida-based S.O.U.L. Sisters Leadership Collective told me, “Before taking action, we must create space for healing.” With this comment, they led us in the right direction.

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Together, this trans young person, my fellow organizers, and I planned a Black-only community healing circle in Miami. We recognized a need for Black people to come together and care for each other. A collective space to heal is better than suffering and grieving alone.

As we began mobilizing people to attend the community circle, our efforts were met with confusion and resistance by white and Latinx people alike. Social media comments questioned why there needed to be a Black-only space and alleged that such an event was “not fair” and exclusionary.

We know the struggle against white supremacy is a multiracial movement and needs all people. So we planned and shared that there would be spaces for non-Black people of color and white people at the same time. We explained that this particular healing circle—and the fight against police violence—must be centered around Blackness.

But there was still blowback. One Facebook commenter wrote,

Segregation and racial separation is not acceptable. Disappointing.

That is straight bullshit.

To be clear, Black-only space is itself acceptable, and there’s a difference between Black people choosing to come together and white people systematically excluding others from their institutions and definitions of humanity.

But as I recognize that Black people can’t have room to mourn by ourselves without white tears, white shame, white guilt—and, yes, white supremacy—I am angry.

That is what racist laws have often tried to do: Control how Black people assemble. Enslaved people were often barred from gathering, unless it was with white consent or for church.

Even today, we see resistance when Black folks come together, for a variety of reasons. Earlier this year, in Nashville, Tennessee, Black Lives Matter activists were forced to move their meeting out of a library because it was a Black-only meeting. Last year, students at University of Missouri held a series of protests to demand an end to systemic racism and structural racism on their campus. The student group, Concerned Students 1950, called for their own Black-only-healing space, and they too received backlash from their white counterparts and the media.

At our healing circle in Miami, a couple of white people tried to be part of the Black-only space, which was held in another room. One of the white youths came late and asked why she had to be in a different room from Black attendees. I asked her this question: Do you feel like you are treated the same as your Black peers when they walk down the street?

When she answered no, I told her that difference made it important for Black people to connect without white people in the room. We talked about how to engage in political study that can shape how we view—and change—this world.

She understood. It was simple.

I have less compassion for adults who are doing social justice work and who do not understand. If you do not recognize your privilege as a non-Black person, then you need to reassess why you are in this movement.

Are you here to save the world? Do you feel guilty because of what your family may have done in the past or present? Are you marching to show that you are a “good” person?

If you are organizing to shift and shake up white supremacy but can’t understand your privilege under this construct, then this movement is not for you.

For the white folk and non-Black people of color who are sincerely fighting the anti-Blackness at the root of most police killings, get your people. Many of them are “progressive” allies with whom I’ve been in meetings, rallies, or protests. It is time for you to organize actions and events for yourselves to challenge each other on anti-Blackness and identify ways to fight against racial oppression, instead of asking to be in Black-only spaces.

Objecting to a Black-only space is about self-interest and determining who gets to participate. And it shows how little our allies understand that white supremacy gives European-descended people power, privilege, and profit—or that non-Black people of color often also benefit from white supremacy just because they aren’t Black in this anti-Black world.

Our critics were using racial privilege to access a space that was not for them or by them. In the way that white supremacy and capitalism are about individualism and racing to the top, they were putting their individual feelings, rights, and power above Black people’s rights to fellowship and talk about how racism has affected them.

We deserve Black-only community healing because this is our pain. We are the ones who are most frequently affected by police violence and killings. And we know there is a racial empathy gap, which means that white Americans, in particular, are less likely to feel our pain. And the last thing Black people need right now is to be in a room with people who can’t or won’t try to comprehend, who make our hurt into a spectacle, or who deny it with their defensiveness.

Our communal responses to that pain and healing are not about you. And non-Black people can’t determine the agenda for Black action—or who gets a seat at our table.

To Black folks reading this article, just know that we deserve to come together to cry, be angry, be confused, and be ready to fight without shame, pain, or apologies.

And, actually, we don’t need to explain this, any more than we need to explain that Black people are oppressed in this country.