HuffPo's new divorce section features articles by an author whose work is widely rejected by professionals in the medical, psychological and domestic violence communities. Why do they censor comments on his posts?
The Huffington Post, in an effort to beef up its divorce section, is featuring controversial psychologist and author, Richard Warshak. In his first column “Stop Divorce Poison,” Warshak speaks of the equally controversial topic of parental alienation (PA); he or HuffPo have censored comments made by domestic violence advocates and survivors, and many of the remaining comments espouse misinformation, stereotypes, and sexist remarks.
Why should this concern women and those in the reproductive rights community?
“Parent Alienation,” the idea that one parent (typically the mother) poisons the mind of the child against the other parent, is dangerous because it casts doubt on mothers’ claims of child abuse; the more she tries to protect her child and gather evidence, the more she exhibits “parental alienation.” If she fails–and she’ll face an uphill battle fighting bias, paying exhorborant fees, and fearing for her child(ren)’s safety trying to succeed–she can be fined, jailed and/or she could lose custody. PAS can and has turned the table on women trying to protect themselves or their child(ren) from abuse. (Several cases that have received media attention can be found here, here, and here.
We fight for rights during pregnancy; we can’t leave women in the dust after they deliver. Villifying a protective mother, jailing her or taking her offspring is the worse you can do to a woman – abusers understand this, it’s time we do, too.
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Warshak starts off with, “Mother Theresa does not marry Saddam Hussein.” But then we would have to ask, what was Hussein’s wife like?, because Warshak is making a comparison between spouses. Perhaps she was no Mother Theresa, but surely she wasn’t as evil as Saddam. Already we have an imbalance. All human beings can exhibit evil or wrong-doing, but not all humans are equal in this respect, as Warshak wants us to believe. Some are worse than others. And while women are far from perfect, many women in abusive relationships fall in love with a guy only to find out months or years later that he is abusive. Abusers, unfortunately, don’t come with a sign on their forehead.
Warshak then explains that parents who alienate their child(ren) cannot “harness the emotions unleashed by divorce and they exhibit “rage,” “enlist children as allies,” and use “bad-mouthing, lies, exaggerations…,” which Warshak likens to political mud-slinging campaigns. Some parents may deliberately or inadvertently denigrate the other parent. This may be evident in their parenting skills, but the main problem with PA is that it’s indistinguishable from the fear that comes from an abusive situation and can harm protective parents while rewarding abusive ones.
Jay Silverman’s study at Harvard, as reported in Newsweek, found 54 percent of custody cases were in favor of the batterer and nearly every case used parental alienation to counter the claims of abuse.
Warshak’s belief that “abused children cling tightly to their abuser” must explain why he seeks to reunite children with potential abusers then. Warshak runs a “treatment facility” in Texas that, for the whopping price tag of $40,000, reunites child(ren), at times forcibly, with the denigrated parent. I’ve included a link to a case in Canada, where an alienated mother, who had the financial resources, sought to reunify with her sons at his center. Note Warshak never actually met the sons but called it alienation nonetheless.
Domestic violence advocates and censorship
The domestic violence community, along with many major medical and psychological associations, and the National Council of Juvenile and Family Court Judges, rejects PA as a legitimate diagnosis. At least eight of us, representing domestic violence advocates and survivors, tried to post comments on Warshak’s article explaining our position. While a few posts remained, most, in our supposition, were deleted because they disagreed with the author. One advocate was banned. Apparently, this is not the first time people have complained about the comment section of the Huffington Post.
Nearly all the comments were citations to research, quotes and other factual information, including how PAS does not meet the standard of scientific reliability, about Warshak’s reunification center and its $40,000 price tag, and quotes from experts in the field, among other comments calling into question his analysis.
I included this quote from Dr. Paul Fink, President of the Leadership Council on Child Abuse and Interpersonal Violence and a former President of the Amercian Psychiatric Association:
“PAS is junk science at its worst…Science tells us that the most likely reason that a child becomes estranged from a parent is that parent’s own behavior. Labels, such as PAS, serve to deflect attention away from those behaviors.”
Mothers have informed us that when they make a good faith allegation, it is they who are doubted (see, for instance, cases such as those of Katie Tagle, where the judge called her a liar, gave the ex custody, and her baby was murdered by its father; or Amy Castillo, another woman who was denied a protective order and lost three children when her ex-husband drowned them in a hotel bathtub) and labeled abusive or ordered to undergo a polygraph test or psychiatric evaluation. The stereotype that women lie to gain the upperhand in custody cases, which occurs in only a fraction of cases, has more branding power than do mere facts. According to research, men in cases where both abuse and custody are in question actually make more false claims, according to research. The American Bar Association provides further information on custody myths.
Many of us understand the origins of PA are rooted in the misogynist and pro-pedophilia attitudes of Dr. Richard Gardner, who thought the mass sexual-abuse hysteria was caused by vindictive women falsely accusing fathers of abuse. (8) In reality, many protective parents feel as if this were a witchhunt against them — mothers are not trusted, they’ve cast a spell on the kids to hate Dad –they must be punished! Jail them! Fine them! Take away their children! Like the “witches” of long past who would either sink or swim, mothers are in a similar bind – if they report abuse, they’re punished for being an alienator; if they don’t report it, they can be punished for failure to report.
Meanwhile, many of the alienating behaviors readers commented on can be attributed to personalities, parenting skills, or, in cases of abuse, domestic violence by proxy, whereby one parent continues to exert control and/or abuse over another. One advocate keeps a blog of parents that kill their child(ren) in cases pertaining to divorce and custody. She’s up to 136. Despite the fact that these marriages ended, the domestic violence continues and these deaths would be classified as domestic violence fatalities.Overwhelmingly, these killings are committed by men – with no tango partner, Mr. Warshak. In other words, party of one.
You can tell from the comment section how much these guys like women. If they got together, I can just imagine them in a big smokey room with leather chairs giving each other the wink and nod about the comment pertaining to Mother Theresa and Saddam Hussein. The idea of ‘equality with a vengeance’ comes to mind.
One poster, Target NoMore, refers to those opposing PA as a ‘special interest group’ that doesn’t want to stop the problem. People who want to protect children are not “special interest groups.”
If HuffPo is going to feature controversial authors whose work is not only rejected by the scientific community but also puts children at risk, why not at least allow evidence to be introduced in the comments section? What are they afraid of?
Read more of our coverage of the Democratic National Convention here.
Immigration has been one of the country’s most contentious political topics and, not surprisingly, is now a primary focus of this election. But no matter how you feel about the subject, this is a nation of immigrants in search of “el sueño Americano,” as Karla Ortiz reminded us on the first night of the Democratic National Convention (DNC). Ortiz, the 11-year-old daughter of two undocumented parents, appeared in a Hillary Clinton campaign ad earlier this year expressing fear that her parents would be deported. Standing next to her mother on the DNC stage, the young girl told the crowd that she is an American who wants to become a lawyer to help families like hers.
It was a powerful way to kick-start the week, suggesting to viewers Democrats were taking a radically different approach to immigration than the Republican National Convention (RNC). While the RNC made undocumented immigrants the scapegoats for a variety of social ills, from U.S. unemployment to terrorism, the DNC chose to highlight the contributions of immigrants: the U.S. citizen daughter of undocumented parents, the undocumented college graduate, the children of immigrants who went into politics. Yet, even the stories shared at the DNC were too tidy and palatable, focusing on “acceptable” immigrant narratives. There were no mixed-status families discussing their deported parents, for example.
As far as immigration is concerned, neither the Democrats nor Republicans are without their faults, though positions taken at the conventions were clearly more extreme in one case than the other. By the end of two weeks, viewers may not have known whether to blame immigrants for taking their jobs or to befriend their hardworking immigrant neighbors. For the undocumented immigrants watching the conventions, the message, however, was clear: Both parties have a lot of work to do when it comes to humanizing their communities.
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So, it should come as no surprise that the first night of the RNC, which had the theme of “Make America Safe Again,” preyed on American fears of the “other.” In this case: undocumented immigrants who, as Julianne Hing wrote for the Nation, “aren’t just drug dealers and rapists anymore—now they’re murderers, too.”
Night one of the RNC featured not one but three speakers whose children were killed by undocumented immigrants. “They’re just three brave representatives of many thousands who have suffered so gravely,” Trump said at the convention. “Of all my travels in this country, nothing has affected me more, nothing even close I have to tell you, than the time I have spent with the mothers and fathers who have lost their children to violence spilling across our borders, which we can solve. We have to solve it.”
Billed as “immigration reform advocates,” grieving parents like Mary Ann Mendoza called her son’s killer, who had resided in the United States for 20 years before the drunk driving accident that ended her police officer son’s life, an “illegal immigrant” who “had no business being in this country.”
It seemed exploitative and felt all too common. Drunk driving deaths are tragically common and have nothing to do with immigration, but it is easier to demonize undocumented immigrants than it is to address the nation’s broken immigration system and the conditions that are separating people from their countries of origin—conditions to which the United States has contributed. Trump has spent months intentionally and disingenuously pushing narratives that undocumented immigrants are hurting and exploiting the United States, rather than attempting to get to the root of these issues. This was hammered home by Mendoza, who finished her speech saying that we have a system that cares more about “illegals” than Americans, and that a vote for Hillary “puts all of our children’s lives at risk.”
There was also Maricopa County Sheriff Joe Arpaio, a notorious racist whose department made a practice of racially profiling Latinos and was recently found to be in civil contempt of court for “repeatedly and knowingly” disobeying orders to cease policing tactics against Latinos, NPR reported.
Like Mendoza, Arpaio told the RNC crowd that the immigration system “puts the needs of other nations ahead of ours” and that “we are more concerned with the rights of ‘illegal aliens’ and criminals than we are with protecting our own country.” The sheriff asserted that he was at the RNC because he was distinctly qualified to discuss the “dangers of illegal immigration,” as someone who has lived on both sides of the border.
“We have terrorists coming in over our border, infiltrating our communities, and causing massive destruction and mayhem,” Arpaio said. “We have criminals penetrating our weak border security systems and committing serious crimes.”
When accepting the nomination, Trump highlighted the story of Sarah Root of Nebraska, a 21-year-old who was killed in a drunk-driving accident by a 19-year-old undocumented immigrant.
“To this administration, [the Root family’s] amazing daughter was just one more American life that wasn’t worth protecting,” Trump said. “One more child to sacrifice on the altar of open borders.”
It should be noted that the information related to immigration that Trump provided in his RNC speech, which included the assertion that the federal government enables crime by not deporting more undocumented immigrants (despite deporting more undocumented immigrants than ever before in recent years), came from groups founded by John Tanton, a well-known nativist whom the Southern Poverty Law center referred to as “the racist architect of the modern anti-immigrant movement.”
“The Border Crossed Us”
From the get-go, it seemed the DNC set out to counter the dangerous, anti-immigrant rhetoric pushed at the RNC. Over and over again, Democrats like Congressional Hispanic Caucus Chair Rep. Linda Sánchez (D-CA) hit back hard against Trump, citing him by name and quoting him directly.
“Donald Trump believes that Mexican immigrants are murderers and rapists. But what about my parents, Donald?” Sánchez asked the crowd, standing next to her sister, Rep. Loretta Sánchez (D-CA). “They are the only parents in our nation’s 265-year history to send not one but two daughters to the United States Congress!”
Each speech from a Latino touched on immigration, glossing over the fact that immigration is not just a Latino issue. While the sentiments were positive—illustrating a community that is thriving, and providing a much-needed break from the RNC’s anti-immigrant rhetoric—at the core of every speech were messages of assimilation and respectability politics.
Even in gutsier speeches from people like actress Eva Longoria, there was the need to assert that her family is American and that her father is a veteran. The actress said, “My family never crossed a border. The border crossed us.”
Whether intentional or not, the DNC divided immigrants into those who are acceptable, respectable, and worthy of citizenship, and those—invisible at the convention—who are not. “Border crossers” who do not identify as American, who do not learn English, who do not aspire to go to college or become an entrepreneur because basic survival is overwhelming enough, what about them? Do they deserve to be in detention? Do their families deserve to be ripped apart by deportation?
At the convention, Rep. Luis Gutiérrez (D-IL), a champion of immigration reform, said something seemingly innocuous that snapped into focus the problem with the Democrats’ immigration narrative.
“In her heart, Hillary Clinton’s dream for America is one where immigrants are allowed to come out of the shadows, get right with the law, pay their taxes, and not feel fear that their families are going to be ripped apart,” Gutiérrez said.
The Democratic Party is participating in an all-too-convenient erasure of the progress undocumented people have made through sheer force of will. Immigration has become a leading topic not because there are more people crossing the border (there aren’t) or because nativistDonald Trump decided to run for president, but because a segment of the population has been denied basic rights and has been fighting tooth and nail to save themselves, their families, and their communities.
Immigrants have been coming out of the shadows and as a result, are largely responsible for the few forms of relief undocumented communities now have, like Deferred Action for Childhood Arrivals, which allows certain undocumented immigrants who meet specific qualifications to receive a renewable two-year work permit and exemption from deportation. And “getting right with the law” is a joke at this point. The problem isn’t that immigrants are failing to adhere to immigration laws; the problem is immigration laws that are notoriously complicated and convoluted, and the system, which is so backlogged with cases that a judge sometimes has just seven minutes to determine an immigrant’s fate.
Becoming a U.S. citizen is also really expensive. There is a cap on how many people can immigrate from any given country in a year, and as Janell Ross explained at the Washington Post:
There are some countries, including Mexico, from where a worker with no special skills or a relative in the United States can apply and wait 23 years, according to the U.S. government’s own data. That’s right: There are people receiving visas right now in Mexico to immigrate to the United States who applied in 1993.
But getting back to Gutierrez’s quote: Undocumented immigrants do pay taxes, though their ability to contribute to our economy should not be the one point on which Democrats hang their hats in order to attract voters. And actually, undocumented people pay a lot of taxes—some $11.6 billion in state and local taxes last year, according to the Institute on Taxation and Economic Policy—while rarely benefiting from a majority of federal assistance programs since the administration of President Bill Clinton ended “welfare as we know it” in 1996.
The 1996 Antiterrorism and Effective Death Penalty Act and the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, enacted under former President Clinton, have had the combined effect of dramatically increasing the number of immigrants in detention and expandingmandatory or indefinite detention of noncitizens ordered to be removed to countries that will not accept them, as the American Civil Liberties Union notes on its site. Clinton also passed the North American Free Trade Agreement, which economically devastated Mexican farmers, leading to their mass migration to the United States in search of work.
In 1990, then-Sen. Joe Biden introduced the Violence Against Women Act, which passed in 1994 and specifically excluded undocumented women for the first 19 of the law’s 22 years, and even now is only helpful if the victim of intimate partner abuse is a child, parent, or current/former spouse of a U.S. citizen or a permanent resident.
When writing about the Democratic Party, community organizer Rosa Clemente, the 2008 Green Party vice president candidate, said that she is afraid of Trump, “but not enough to be distracted from what we must do, which is to break the two-party system for good.”
This is an election like we’ve never seen before, and it would be disingenuous to imply that the party advocating for the demise of the undocumented population is on equal footing with the party advocating for the rights of certain immigrants whose narratives it finds acceptable. But this is a country where Republicans loudly—and with no consequence—espouse racist, xenophobic, and nativist beliefs while Democrats publicly voice support of migrants while quietly standing by policies that criminalize undocumented communities and lead to record numbers of deportations.
During two weeks of conventions, both sides declared theirs was the party that encapsulated what America was supposed to be, adhering to morals and values handed down from our forefathers. But ours is a country comprised of stolen land and built by slave labor where today, undocumented immigrants, the population most affected by unjust immigration laws and violent anti-immigrant rhetoric, don’t have the right to vote. It is becoming increasingly hard to tell if that is indeed “un-American” or deeply American.
To her immigration attorney, Nicole Ramos, M’s case is troubling because like many of her clients, M did exactly what she was supposed to do in accordance with U.S. law. But still, her rights were trampled on.
“M” is deeply familiar with the brutal nature of the U.S. immigration system. After waiting in line for more than 30 hours at the San Ysidro Port of Entry to enter the United States from Tijuana, and being held at an immigration facility for almost two weeks, she was released from San Diego’s Otay Mesa Detention Center on April 11.
To her immigration attorney, Nicole Ramos, M’s case is troubling because like many of her clients, M did exactly what she was supposed to do in accordance with U.S. law. But still, Ramos noted, her rights were trampled on.
M, whose name is being withheld to protect her privacy, is considered one of the “lucky ones” (when compared to other immigrants’ cases) for having an attorney who can advocate on her behalf. But even having an attorney couldn’t protect her from inappropriate and abusive behavior that her legal advocates say she experienced while attempting to return to the United States, where she had lived for over two and a half decades before leaving for Mexico to visit a fatally ill parent.
M’s case echoes findings in a new Human Rights Watch report about trans women in detention that suggested the U.S. immigration system often further traumatizes an already vulnerable population.
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Though Rewire was unable to speak to M directly, her attorney explained in an interview last month that M was smuggled by traffickers into the United States from Mexico 25 years ago. As a transgender teenager, M was the victim of multiple sexual assaults, but she was able to escape her traffickers and build a life in San Diego and, eventually, in Los Angeles.
According to Ramos, M received word last year from relatives in Mexico that her mother was gravely ill and dying. Despite being undocumented and unsure of how she would return to the United States, M sold her belongings to pay for her trip to say goodbye to her mother.
M knew it would be a difficult trip, her attorney explained to Rewire, but what she didn’t anticipate was the response from her own family concerning her gender identity. M’s appearance had changed a great deal during her years in the United States, something her family and those in the local community did not respond well to. According to Ramos, M was “pretty much chased out of town.”
“It was not a safe environment for her,” Ramos, who is based in Tijuana, told Rewire. M’s family “basically disowned her, with some family members becoming physically aggressive toward her. She tried to stay at a niece’s and later at a sister’s, but M began receiving threats from men in the area who were known in the neighborhood for targeting members of the LGBTQ community, and trans women in particular.”
To escape from her relatives after an unexpectedly short visit, M left her mother’s town in the middle of the night, hiding under a blanket in a borrowed truck, according to Ramos. A family member drove her to the nearest bus station so M could take a bus to Tijuana.
While staying in Tijuana, M faced more violence and transphobia, Ramos told Rewire. She was repeatedly turned down for housing, she was verbally abused by a therapist from whom she sought treatment, and she was threatened with assault by a bus driver.
“She was in Mexico since last May and she came to me for help at the end of December because it just became too much for her,” Ramos said. “Every time she left her house, she was harassed or threatened. Her bus driver threatening her was the last straw.”
Ramos agreed to help M apply for asylum status in the United States, which would allow her to stay in the country until her claim could be fully evaluated by United States Citizenship and Immigration Services, since she would potentially face persecution should she return to her country of origin.
There are two ways to request asylum: Migrants can apply within a year of being in the United States, though one in five fail to file their application within that timeframe due to language barriers or lack of legal information or resources, among other reasons. Failure to do so puts them at risk for deportation. For those outside the United States, migrants fleeing violence can present themselves at the border or a port of entry and request asylum. There are more than 300 land, air, and sea ports where people and goods can enter the country, according to U.S. Customs and Border Protection (CBP).
However, there are many challenges to getting an asylum claim approved. For asylum seekers whose claims aren’t deemed legitimate, because for example, they can’t prove their identity, they are deported. But even if the process goes smoothly, an asylum seeker will spend an average of 111 days in a detention center. After a “credible fear” interview with an asylum officer, in which they share personal details about their case and why they will be in danger if they are forced to return to their country of origin, they will be held in detention while they await their hearing in immigration court.
“Parole” can be requested, allowing the asylum seeker to avoid a detention center stay, but only if they can verify their identify; if they have family or other contacts in the area; and if they can post a bond, which ranges from $1,500 to $10,000, depending on various factors.
Before accompanying her to the San Ysidro Port of Entry, where M would present herself and request asylum, Ramos explained all of this to M, as she explains it to all of her clients. What Ramos couldn’t prepare M for, she said, was the verbal abuse from CBP officers and their refusal to provide M with food for more than 30 hours. Upon being presented with a letter from Ramos that detailed M’s disabilities and special needs, a CBP officer at the port told M she “wasted her money on an attorney” and that “the letter doesn’t mean shit,” Ramos explained to Rewire.
“I highlighted [in her letter] that [M] has mental health issues, cognitive disabilities; that she has a seizure disorder. She is entitled to special protections because of her mental health issues. I made all of this known, according to [CBP’s] policies, but none of that mattered,” said Ramos: M was still met with disdain and verbal abuse by CBP officers.
M’s experience at the port led Ramos to contact Mitra Ebadolahi, staff attorney of the San Diego ACLU’s Border Litigation Project, which works to “document, investigate, and litigate” human and civil rights abuses in an effort to hold CBP more accountable.
In a complaint filed by the Border Litigation Project to CBP on March 23, Ebadolahi outlined the “unprofessional and abusive comments made” by an officer to M and how officers did not offer M food for 34 hours while she waited in line for processing, something the staff attorney said is unconstitutional and a violation of CBP’s own policies.
Ebadolahi wrote that asylum seekers must wait in line to present their claims for many hours—and sometimes even days. However, a CBP supervisor had assured Ramos that “CBP officers fed individuals awaiting asylum processing three times per day.”
Ramos visited M nearly 24 hours after she had escorted her to the port of entry. She spoke to port staff again about why her client wasn’t being fed and received different responses. One officer said it was M’s own responsibility to bring food to the port. Later in the day, a CBP supervisor named Chief Knox told Ramos that CBP “was not obligated to feed people on the Mexican side,” which Ebadolahi wrote is a “nonsensical” statement “given the fact that CBP officers line up asylum seekers awaiting processing in the U.S.-controlled area of the port.”
This conflicting information indicates CBP officers are not properly trained, wrote Ebadolahi, “or worse—that there is an intentional practice of obfuscating what is required of the agency so that members of the public are confused and can’t assert their rights. Either one of those things is unacceptable.”
This is not the first time the ACLU has filed a complaint against CBP. In 2012, the ACLU Southern Border Affiliates, along with other ACLU programs, demanded a federal investigation into abuse allegations of individuals, including U.S. citizens and legal residents, by CBP agents at ports of entry along the United States-Mexico border. The complaint highlighted 11 cases in which CBP appeared to disregard the civil and human rights of individuals crossing the border in violation of the U.S. Constitution, international law, and agency guidelines. Ebadolahi told Rewire no investigation has taken place.
San Diego’s ACLU Border Litigation Project also hasn’t received a response from local CBP authorities regarding the complaint they filed on behalf of M. The organization is now working on escalating the complaint to national CBP authorities.
In a statement to Rewire post-publication, a CBP spokesperson said that the federal agency “intends to respond to the ACLU this week.” The spokesperson added: “CBP is committed to providing appropriate care for those in our custody, and takes allegations that we have not met those standards of care seriously.”
Ramos has accompanied multiple clients to the port and each time, she said, she has been shocked by the behavior of CBP officers and what appears to be either a complete lack of understanding of laws and regulations, or outright attempts to dissuade migrants from seeking asylum. Once, while helping an unaccompanied minor fleeing violence in Central America, Ramos said an officer was incredulous that the child was presenting himself as an asylum seeker, saying, “You don’t apply for asylum here.” But asylum seekers can present themselves at the border or ports of entry and request a credible fear interview.
M had her paperwork in order, had an attorney, and lawfully presented herself at the port to request asylum. Still, CBP officials violated her rights, according to her attorney.
One of the “Fortunate” Ones
After 34 hours of waiting to be processed, M was then held in San Ysidro in CBP custody for three days. While there, Ramos said M was subjected to verbal abuse from officers who mocked her transgender identity, with one officer passing her cell and saying, “What’s the story with this one,” according to M’s attorney. Eventually, M was transferred to Immigration and Customs Enforcement (ICE) custody at San Diego’s Otay Mesa Detention Center, where M says the trauma continued, explained Ramos.
M was held in a cell with men for 12 hours as she was processed into Otay Mesa, with one detainee staring at her aggressively for the entire 12 hours, according to her attorney. After processing, M was placed in medical isolation for reasons Ramos said she could not share out of respect for M’s privacy. Later, M was brought into the shower area with men. Though she was given her own private stall, male detainees showered nearby, Ramos said.
“She began experiencing flashbacks and felt like she was going to be raped again,” Ramos said. “She felt helpless because the officers were not taking her concerns seriously. It was incredibly traumatizing.”
Ramos’ biggest concern was that once released from medical isolation, M would be placed with men in detention.
“I made numerous pleas to ICE via email and via telephone saying this woman cannot be placed with men. She’s the survivor of multiple sexual assaults at the hands of men because she’s transgender,” Ramos told Rewire. “I literally said, ‘Please give me assurance that she will not be placed with men.’”
An employee at Otay Mesa told Ramos the facility doesn’t have a unit for transgender people, which ICE confirmed in an email statement to Rewire, so once out of isolation, if she wasn’t released from detention, M would be placed with male detainees or in “protective custody.” According to Solitary Watch, involuntary protective custody is “especially common” for LGBTQ individuals and other “at-risk prisoners who live in indefinite isolation despite having done nothing wrong.”
And yet, according to ICE’s own policies, detaining trans women with men should not be a standard practice. In July 2015, ICE released the Transgender Care Memorandum, new guidelines pertaining to transgender detainees in detention, including how officials should assign individuals to facilities based on their gender identity. But Ramos has heard from a trans woman in Otay Mesa that trans women are still detained alongside men.
“It doesn’t appear ICE’s new policies are being followed,” Ramos said. “When I called the facility and spoke with a supervisor, he explained that if [M] still has male genitalia, then she will be placed with male detainees and any special, protective custody would have to come through ICE. Trans detainees shouldn’t have to choose between going into protective custody and being on lockdown for 23 hours a day or being placed in a shark’s tank.”
Human Rights Watch’s report, Do You See How Much I’m Suffering Here?: Abuse Against Transgender Women in US Immigration Detention, sheds light on how M’s experience is not unusual for undocumented transgender immigrants. Based on 28 interviews with transgender women held or being held in U.S. immigration detention between 2011 and 2015, the report details the abuses that transgender women suffer in immigration detention and the U.S. government’s inadequate efforts to address this abuse.
According to the report, it appears as if ICE isn’t prioritizing the needs of trans women in detention despite the fact that, by its own count, there are approximately 65 transgender women in its custody on any given day.
From the report:
In early 2016, the US government appeared to move away from holding transgender women in men’s facilities and began transferring many of them to a segregated unit at the Santa Ana City Jail that exclusively houses transgender women. However, at time of writing, ICE officials were unable to state whether the agency had abandoned the practice of housing transgender women with men, and they had not announced any concrete plans to do so. Under ICE policy, immigration officials may still elect to house transgender women in men’s facilities—placing them at exceptionally high risk of sexual assault and other kinds of trauma and abuse. Others may be kept indefinitely in conditions of isolation simply because authorities cannot or will not devise any safe and humane way to keep them in detention.
Even within the segregated detention unit, trans women are not safe, according to the report. Several who were detained inside Santa Ana City Jail told Human Rights Watch that they were “regularly subjected to humiliating and abusive strip searches by male guards; have not been able to access necessary medical services, including hormone replacement therapy, or have faced harmful interruptions to or restrictions to that care; and have endured unreasonable use of solitary confinement.”
Ebadolahi told Rewire current U.S. immigration policies only subject traumatized, vulnerable asylum seekers to more trauma—and M is one of the more “fortunate” ones. After successfully passing her credible fear interview, M was released from detention on April 11.
“We’re talking about a transgender woman who is a survivor of multiple rapes, who has post-traumatic stress disorder, who has disabilities, including a seizure disorder, who has gone through a lifetime of hurt, and for who the simple act of appearing at the port of entry and applying for asylum took an enormous effort—and despite all of these things, she is considered one of the fortunate ones because she has a pro-bono lawyer working on her behalf,” Ebadolahi said.
“How M and her attorney were treated at the port of entry and … in detention, is unconstitutional, unethical, and outrageous. We shouldn’t tolerate it. This treatment serves absolutely no legitimate, government purpose and only serves to further traumatize and marginalize very vulnerable people. No one should be subject to this kind of abuse. This has to stop.”
UPDATE: This piece has been updated to include a statement from CBP’s spokesperson.