Things That Matter

Sneaking In Sugar Packets Is Just One Reason That Can Land Migrants In Solitary Confinement

It is quite evident that undocumented immigrants are experiencing torture at unimaginable levels. Some risk never seeing their family again; others are getting sick; some are drinking out of the toilet; young girls aren’t given the proper feminine products; some are being sexually abused; others are experiencing physical and emotional abuse; some are sent to Mexico, a country they do not know; and, if they’re lucky they are given asylum only to endure a lifetime of uncertainty in a country that is led by a person who clearly doesn’t want them here. Shall we go on? Okay, let’s continue. 

An investigation led by several news outlets and immigration advocacy groups shows that “one of every 200 detainees has spent at least two weeks in isolation.”

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The investigation includes years of documents that date back not just to the Trump Administration by the Obama Administration as well. The report found that while both administrations placed undocumented people in solitary confinement, under the Trump Administration immigration officials were citing suicide watch and “protective custody for LGBT people” as a reasoning for keeping isolated. To further illustrate just how much of this population was placed in these harsh conditions, the report shows that between “2016 to early 2018, about 40 percent of undocumented immigrants were in solitary confinement.” 

One of those people in solidarity confinement was a 36-years-old trans-Latina from Central America. She was only allowed one hour a day to walk outside.  

“You never know what day it is, what time it is,” Dulce Rivera said in an interview with NBC News. “Sometimes you never see the sun.” 

The reason she was put in solitary confinement because immigration officials reportedly got wind that Rivera had kissed and touched another person in detention. According to NBC News, those reports were later to be unfounded. Rivera said that because of her solitary confinement she became more and more depressed and attempted suicide. She attempted to hang herself in her cell with a noose made from her blanket. Thankfully a guard saw her, cut her down, and saved her life. Now Rivera faced another problem. Instead of immigration officials giving her the mental health help that she needed, because of her suicide attempt, they put her in solitary confinement yet again. 

The investigation shows that detention officials have several reasons for putting undocumented immigrants in solitary confinement. Some of those reasons include sneaking in sugar packets, menstrual blood stains on a uniform, being gay, among other things. 

In response to this investigation Bryan Cox, a spokesman for ICE, told the Atlantic they are using the proper protocol to decide when a detainee should be placed in solitary confinement. He added, “any suggestion that the use of segregation in ICE custody is above the norm for detained populations would be a false claim.”

The Atlantic also reported that under the Obama Administration, ICE officials would resort to solitary confinement for unjust reasons. For example, they list that one detainee got “14 days disciplinary segregation for failure to follow the meal procedure,” another got “14 days for asking to pay an officer to buy him cigarettes,” and another “30 days for making perceived threats because he asked an officer for his address.” 

So how long were these detainees held in solitary confinement? The investigation shows that some of them were in there for hundreds of days and one man was in isolation for 780 days. 

2014 story by PBS discussed the dangers of solitary confinement and what that does to a person’s mental health. Not only does it make a person more dangerous but the majority of them want to kill themselves just to escape the feeling loneliness. Others who are allowed to return and engage with other detainees/prisoners face another kind of dilemma. They’ve forgotten how to interact with others around them. 

“I’ve had prisoners tell me that the first time they’ve been given an opportunity to interact with other people, they can’t do it,” Craig Haney, a professor at the University of California at Santa Cruz, told PBS. “They don’t come out of their cell … And obviously this social atrophy, the anxiety which surrounds social interaction can be extremely disabling and problematic for people who are released from solitary confinement, either released back into the larger prison community or even more poignantly, released from solitary confinement into the larger society.”

Ellen Gallagher, a policy advisor at the Department of Homeland Security, exposed this horrific treatment of undocumented immigrants in solitary confinement. 

“We have created and continue to support a system that involves widespread abuse of human beings,” Gallagher told NBC News. “People were being brutalized.” 

READ: The Mother Of A Child Who Died In Immigration Custody Is Suing The Private Prison Company

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ICE Illegally Arrested A Man On Church Grounds After Allegedly Lying To Him To Coax Him Out

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ICE Illegally Arrested A Man On Church Grounds After Allegedly Lying To Him To Coax Him Out

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Across the country, dozens of undocumented immigrants have sought refuge at churches, where they are typically safe from immigration enforcement.

However, as ICE escalates its attacks on the immigrant community, churches and other sensitive places of refuge may no longer be the ‘safe spaces’ they once were.

ICE has allegedly arrested a man who was inside of a church and they lied to get him out.

Last week, six ICE agents entered an undocumented migrant’s home (located on church property) and now that man is in a Georgia detention center. Binsar Siahaan, 52 (from Indonesia), was told that there was a problem with the GPS monitor he had to wear and that they needed to take him to an ICE office in Silver Springs, MD.

“As soon as he stepped outside, they handcuffed him,” taking him first to Baltimore and then to Georgia. He was not given anything to eat for two days, Rev. Scroggins said through tears. She said, “He is being abused. He is not well,” adding, “The way he is being treated is absolutely appalling.”

Siahaan currently is being held in the Stewart Detention Center in Lumpkin, Ga. and may be deported to his native Indonesia. He has been in the United States since 1989, coming here on a visa to work as a driver for the Indonesian Embassy. He overstayed the terms of the visa and then was denied asylum, because he did not apply on time.

But in Siahaan’s case, at the time they moved into the house on church grounds in January, they had no reason to fear ICE would come after them. They moved in to help take care of the church, which they have been attending for about six years.

Siahaan’s attorney and clergy at Glenmont United Methodist are rallying to stop Siahaan’s deportation, accusing ICE of breaching its own protocol by arresting him on church property under false pretenses and while his appeals are still pending.

The church where it happened is urging ICE to release the man – who is still in custody.

Leaders of the United Methodist Church – where the arrest occurred – have called for ICE to release Siahaan. They also called on ICE to state publically that it will uphold its policy of not entering sensitive locations, which includes “churches, synagogues, mosques or other institutions of worship, such as buildings rented for the purpose of religious services,” according to an ICE 2011 memorandum

“We are gravely concerned,” said Rev. Susan Henry-Crowe, general secretary of the general board of the Church and Society of the United Methodist Church. “Church grounds are sacred.” She said the government was “in complicity to sin” if it won’t protect immigrants.

Rev. Kara Scroggins, pastor of the Glenmont church where Binsar has been a member for six years, called Siahaan “one of the most devoted, loyal and generous persons I know.” He helps out at the church constantly and usually is the first to arrive and the last to leave, she said.

This is hardly the first time ICE has conducted similar operations.

Credit: Smith Gado / Getty Images

An immigrant who sought refuge from deportation in a North Carolina church, staying there for 11 months, was arrested in 2018 after arriving at an appointment with immigration officials.

The arrest led to protests and the arrest of some supporters of Samuel Oliver-Bruno, the 47-year-old Mexican national who, according to an ICE news release, was detained at a Raleigh-area immigration office.

An advocacy group, Alerta Migratoria NC, said in a statement Oliver-Bruno went to have fingerprints taken so he could apply to stay in North Carolina with his wife and son. This is when ICE stopped in to make the arrest.

He had been living in CityWell United Methodist Church in Durham since late 2017, to avoid the reach of immigration officers, who generally avoid making arrests at churches and other sensitive locations.

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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.

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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.

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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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