News Human Rights

Women’s Groups Push Republicans on Immigration Reform

Emily Crockett

We Belong Together, a campaign to mobilize women in support of immigration reform, plans to push back against a consensus that there will be no movement on immigration reform this year.

Leading women’s rights and immigration reform advocates announced Wednesday that they plan to turn up the heat on Republicans in the U.S. House who are standing in the way of immigration reform.

Reps. Suzan DelBene (D-WA) and Judy Chu (D-CA) joined organizers of We Belong Together, a campaign to mobilize women in support of immigration reform, on a press call discussing the group’s plans to push back against a consensus that there will be no movement on immigration reform this year. The group plans a month of fasting and other protest activities in March, and will soon release data on which congressional districts could be swayed by women voters who are mobilized on immigration.

“Women and children are disproportionately affected by our broken system,” said DelBene. About 75 percent of immigrants in the United States are women and children.

“Mothers are separated from their children when they are detained and deported, domestic violence victims fear reporting their abuser because of their immigration status,” said Chu.

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Both representatives said that the votes are there to pass immigration reform in Congress, but that House Speaker John Boehner (R-OH) is standing in the way.

When asked how the coalition plans to have any effect when reform this year is widely understood to be dead, Pramila Jayapal, chair of We Belong Together, said that if the Republican leadership “really looks at the cost” of not moving immigration forward, they might realize their mistake. “The timeline cannot be dictated by a small group of people,” she said.

Ana Garcia-Ashley, executive director of the grassroots faith-based organization the Gamaliel Foundation, said Rep. Paul Ryan (R-WI) has shifted his views somewhat after taking consistent meetings with her community.

“It is public pressure that can change things,” Chu said. “Look at Hurricane Sandy. There would not have been a vote on that had there not been public outrage.”

Maria Galvan, an undocumented mother of two, shared her experiences with reporters on the call. She said that while she is grateful for the temporary protections her children will receive under DACA (Deferred Action for Childhood Arrivals), it is not enough.

“Our family is still not safe,” she said. “I know DACA is only temporary, and my husband and I could be deported at any moment.”

News Politics

Former Klan Leader on Senate Run: My Views Are Now the ‘GOP Mainstream’

Teddy Wilson

David Duke has been a fervent support of the Trump campaign, and has posted dozens of messages in support of Trump on Twitter. Duke has often used the hashtag #TrumpWasRight.

David Duke, convicted felon, white supremacist, and former leader of the Ku Klux Klan, announced Friday that he will run for U.S. Senate in Louisiana, Roll Call reported.

Duke said that after a “great outpouring of overwhelming support,” he will campaign for the open Senate seat vacated by former Republican Sen. David Vitter, who lost a bid for Louisiana governor in a runoff election.

Duke’s announcement comes the day after Donald Trump accepted the GOP nomination in the midst of growing tensions over race relations across the country. Trump has been criticized during the campaign for his rhetoric, which, his critics say, mainstreams white nationalism and provokes anxiety and fear among students of color.

His statements about crime and immigration, particularly about immigrants from Mexico and predominantly Muslim countries, have been interpreted by outlets such as the New York Times as speaking to some white supporters’ “deeper and more elaborate bigotry.”

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Duke said in his campaign announcement that he was the first candidate to promote the policy of “America first,” echoing a line from Trump’s nomination acceptance speech on Thursday night.

“The most important difference between our plan and that of our opponents, is that our plan will put America First,” Trump said Thursday night. “As long as we are led by politicians who will not put America First, then we can be assured that other nations will not treat America with respect.”

Duke said his platform has become “the GOP mainstream” and claimed credit for propelling Republicans to control of Congress in 2010. He said he is “overjoyed to see Donald Trump … embrace most of the issues I’ve championed for years.”

Trump in February declined to disavow the support of a white supremacist group and Duke, saying he knew “nothing about David Duke” and knew “nothing about white supremacists.” He later clarified that he rejected their support, and blamed his initial failure to disavow Duke on a “bad earpiece.”

Trump’s candidacy has also brought to light brought many incidents of anti-Semitism, much of which has been directed at journalists and commentators covering the presidential campaign.

Conservative commentator Ben Shapiro wrote in the National Review that Trump’s nomination has “drawn anti-Semites from the woodwork,” and that the Republican nominee has been willing to “channel the support of anti-Semites to his own ends.”

Duke took to Twitter after Trump’s acceptance speech Thursday to express his support for the Republican nominee’s vision for America.

“Great Trump Speech, America First! Stop Wars! Defeat the Corrupt elites! Protect our Borders!, Fair Trade! Couldn’t have said it better!” Duke tweeted.

Duke has been a fervent Trump supporter, and has posted dozens of messages in support of Trump on Twitter. Duke has often used the hashtag #TrumpWasRight.

Duke was elected to the Louisiana house in 1989, serving one term. Duke was the Republican nominee for governor in 1991, and was defeated by Democrat Edwin Edwards.

Duke, who plead guilty in 2002 to mail fraud and tax fraud, has served a year in federal prison.

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.”