Things That Matter

A Group Of Women At A Migrant Detention Center Demanded Information About Covid-19, Then They Were Pepper Sprayed

As the Coronavirus spreads throughout communities across the United States, one group of people are at particular risk for contracting the virus: migrant detainees.

Tens of thousands of migrants are packed into crowded detention centers with little access to proper sanitation or medical treatment. Even before the outbreak of Covid19, migrants were facing outbreaks of measles and influenza at greater numbers than the general public.

Now, as they demand information on the risk this new virus poses them, they’re being met with violence.

As the coronavirus pandemic spreads, so have confrontations between detainees and guards.

Credit: DHS / Office Of Inspector General

On Monday, migrants clashed with guards over a lack of safe conditions and demanded to be released from the South Texas Processing Center. The melee led to a standoff and the guards shot pepper spray at the detainees, which ended with nine of the migrants now held for disciplinary charges. The detainees had raised concerns about the lack of screening measures for new arrivals to the complex.

Then, a day later in Louisiana, an ICE spokesman said seven people were pepper-sprayed at the Pine Prairie detention center. Earlier, an ICE detainee in New Jersey described harrowing conditions and said migrants went on a hunger strike for soap. ProPublica obtained an audio recording in which the detainee said that guards, in response to the strike for hygiene products in the midst of the coronavirus pandemic, told the detainees that they “have to die of something.”

The threat faced by detainees in ICE custody is real.

Credit: Grisel Gringis / YouTube

Four people — two correctional officers and two detainees — tested positive for COVID-19 at New Jersey detention facilities.

According to ICE’s guidance, new detainees who arrive at facilities are screened and isolated for a certain period of time if they have a fever or respiratory symptoms. The staff is also consulting with local health departments to determine whether there’s a need for testing.

For ICE’s part, they’re defending the use of chemicals against detainees as a necessary tool.

ICE spokesperson Bryan Cox told Mother Jones that pepper spray was used because “four persons became confrontational.” The rest of his statement said:

“The facility was conducting an informational briefing on COVID-19 preparations and safety measures in a detainee housing area to ensure persons in custody have accurate, timely information about the situation,”

As far as the use of force against migrants, he goes on to say: “ICE is tasked with providing safe and secure detention facilities for individuals in its custody. On March 25, at the LaSalle ICE Processing Center in Louisiana, a group of ICE detainees became disruptive and confrontational with facility staff in their housing area. Detainees refused to comply with directives from facility staff and four attempted to force their way out of the housing area, at which time facility staff deployed oleoresin capsicum, commonly referred to as ‘OC’ spray. Upon deployment of OC, the detainees became compliant and facility staff was able to mitigate further risk of injury to both detainees and staff. This immediate use of force was conducted consistent with agency protocol. Medical staff evaluated all individuals who came in contact with the pepper spray; no detainee or staff injuries were reported.”

Even before the outbreak, ICE was using pepper spray against migrants in its facilities.

Last summer, over 100 immigrants were pepper-sprayed at a Louisiana Immigration and Customs Enforcement detention center. The incident happened after a group of detainees began to protest the conditions they were being forced to endure.

ICE spokesman Bryan Cox said that a “group of ICE detainees refused to depart the outdoor recreation area at the Pine Prairie facility Friday evening,” adding that “after repeated attempts by facility staff and ICE personnel to disperse the group and restore orderly operation of the facility, a brief, calculated use of pepper spray was employed Saturday morning.”

And this incident came just a day after 30 migrants were sprayed at a separate Louisiana facility. It’s obvious ICE is eager to use pepper spray against detainees in their care.

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

Credit: Eric Risberg / Getty Images

Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

Credit: Joseph Sohm / Getty Images

For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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A Group Of TPS Beneficiaries Are Touring The Country In A Bus To Save The Crucial Immigration Program

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A Group Of TPS Beneficiaries Are Touring The Country In A Bus To Save The Crucial Immigration Program

tps_alliance / Instagram

Updated September 23, 2020

A coalition of people is coming together to stand up for Temporary Protected Status beneficiaries. Federal judges recently gave the Trump administration the approval to end the status for 300,000 people in the U.S.

A group of Temporary Protect Status holders is on a road trip to save the program for 300,000 people.

The National TPS Alliance is driving across the country to engage voters about the need to protect the program. The “Road to Justice” road tour started in Los Angeles and will be stopping in 54 cities in 32 states. The tour ends in Washington, D.C. where the TPS holders will petition Congress directly to save the program.

The program was started in 1990 and offers safe refuge for people who’s countries have experienced disaster, civil unrest, or other extraordinary circumstances. Some people who have been granted TPS in the U.S. include Central Americans after Hurricane Mitch, the second-largest hurricane in the Atlantic, devastated large swaths of the region in 1998. Haitians were also given TPS after the earthquake that devastated Port Au Prince in 2010.

The organization is hoping to engage voters and get them to care about the immigration crisis facing the nation. Activists have already praised the group and pledged to support their cause at the ballot box.

“We are going to vote for justice, for the TPS community,” Angélica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles, told NBC News. “President (Trump) and his administration are racist and do not care about the damage they are causing to our community.”

Original: A federal court just handed a huge ‘victory’ to the Trump administration, which has been eager to restart mass deportations. Despite a global health pandemic, the administration has been pressing forward with plans to deport hundreds of thousands of undocumented immigrants.

Until now, many of these migrants were safe from deportation thanks to Temporary Protected Status, which shields some immigrants from deportation under humanitarian claims. However, the recent court decision – in San Francisco’s 9th Circuit – gives Trump exactly what he wants right before the elections.

But how will it affect immigrant communities across the country? Here’s everything you need to know about this major decision.

The 9th Circuit Court just ended TPS for more than 300,000 undocumented immigrants.

A California appeals court on Monday gave the Trump Administration permission to end Temporary Protected Status for immigrants from El Salvador, Nicaragua, Haiti, and Sudan, clearing the way for officials to force more than 300,000 immigrants out of the country.

The decision affects people from all walks of life, many of whom have lived in the U.S. for decades, have U.S.-born children and have been considered essential workers during the coronavirus pandemic.

This week’s ruling from the circuit court comes after a district court (also in California) temporarily halted Trump’s plan to end TPS in late 2018 after a group of lawyers sued, arguing that Trump was motivated by racial discrimination.

“The president’s vile statements about TPS holders made perfectly clear that his administration acted out of racial animus,”Ahilan Arulanantham, a lawyer for the ACLU of Southern California, wrote in a statement. “The Constitution does not permit policy to be driven by racism. We will seek further review of the court’s decision.”

But today’s 2-1 decision reversed the district court’s temporary order and allowed the federal government to take away TPS protections while the court case continues.

ICE and DHS has promised to wait several months before taking away TPS status if the agency won in court. As a result, the ACLU told NPR that it expects the protections to start ending no sooner than March, meaning that Joe Biden could reverse the administration’s decision if he wins in November, though the organization plans to fight back in the meantime.

Temporary Protected Status was created to protect people in the U.S. from being sent back to dangerous places – and it’s saved lives.

Credit: Daniel Ortega / Getty Images

The TPS program was first introduced in 1990, and it has protected immigrants from more than 20 countries at various points since then. More than 300,000 people from 10 different nations currently use the program, some of whom have lived and worked in the United States for decades.

Trump has sharply criticized the program, sometimes along racial lines, and in one infamous and widely criticized incident two years ago, the president reportedly referred to the program’s beneficiaries as “people from shithole countries.”

TPS provides protection for short periods of up to 18 months, but the federal government has continuously extended it for the countries mentioned in the lawsuit “based on repeated findings that it remains unsafe to return.” 

As a result, it said, most TPS holders have been living in the U.S. for more than a decade, contributing to their communities and raising their families. Many of the more than 200,000 U.S.-citizen children of TPS holders have never been to the country their parents are from and would have to choose between their families and their homes.

The ruling will have a major impact on migrant families and communities across the U.S.

Credit: Chip Somodevilla / Getty Images

Immigration advocacy groups are slamming the court’s ruling, noting it will impact hundreds of thousands of TPS holders as well as their families and communities. In a statement, Beth Werlin, executive director of the American Immigration Council, said the decision will “plunge their lives into further turmoil at a time when we all need greater certainty.” 

As the global pandemic stretches on, immigrants with protected status make up a large portion of the country’s front-line workers. More than 130,000 TPS recipients are essential workers, according to the Center for American Progress. 

“TPS recipients have deep economic and social roots in communities across the nation,” said Ali Noorani, president and CEO of the National Immigration Forum. “And, as the U.S. responds to the COVID-19 pandemic, TPS recipients are standing shoulder to shoulder with Americans and doing essential work.”

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