Things That Matter

ICE Detainees Are Leading A Hunger Strike In Solidarity With George Floyd And Black Lives Matter

Across the country (and, in fact, the globe) diverse communities are coming together to denounce racism, expose systemic inequality, and demand justice for Black lives which have been cut short.

The call for justice knows no borders – it doesn’t respect walls or fences. You need to look no further than migrant detention centers across the U.S., where some detainees have banded together in solidarity with George Floyd and #BlackLivesMatter by conducting a hunger strike.

Immigrants in ICE’s detention facility have staged a hunger strike in solidarity with George Floyd.

Migrants paid tribute to George Floyd and the Black Lives Matter movement with a hunger strike at a California migrant detention center.

However, when ICE first announced the hunger strike at the Mesa Verde ICE Processing Center in Bakersfield, Calif., on Friday, they tried to minimize the act of solidarity. In a statement, ICE alleged that detainees were being coerced — both internally and externally — into a hunger strike, and detainees reportedly said they were told that the purpose of the hunger strike was to protest the repetitive cycle of the menu. 

But according to new reports, the detainees began refusing meals as a show of solidarity for Floyd and the hundreds of other Black Americans killed by police. Even inside the detention center, news of Floyd’s murder – who died while being detained by a Minneapolis police officer on May 25 and whose death sparked protests against police brutality that continue across the nation – has angered detainees.

Many migrants in ICE custody are of African descent and identify with the growing calls for racial justice.

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Although many view the detained migrant populations as a monolith, there are several majority communities that are in detention – and the majority at several centers are of African descent. In fact, Black people from Cameroon, Mexico, Ghana, Haiti, Jamaica, Ethiopia, Brazil, and other countries, are held across ICE detention centers.

Our Prism reports, while undocumented Black immigrants represent about 7.2% of the U.S. population, in immigrant holding facilities (a statistic very similar to American prisons) people of African descent make up the majority of those detained.

Thus, those being held have a high sensitivity and support to the civil unrest that the rest of the country is participating in. In support, they have decided to protest.

Asif Qazi, a Bangladesh immigrant who has been in captivity since February, handed a guard a written statement about their strike.

We, the detained people of dormitories A, B, and C at Mesa Verde ICE Detention Facility, are protesting and on hunger strike in solidarity with the detained people at Otay Mesa Detention Center,” Qazi wrote.

“We begin our protest in memory of our comrades George Floyd, Breonna Taylor, Oscar Grant, and Tony McDade. Almost all of us have also suffered through our country’s corrupt and racist criminal justice system before being pushed into the hands of ICE,” the statement read in part.

This recent hunger strike isn’t the first time migrants have stood up for their beliefs while in custody.

Just one week ago, several detainees at a Texas detention facility went on strike to protest the close conditions in a Covid-19 world. many expressed shock and concern over so many vulnerable people being crammed into tiny areas with little access to adequate healthcare.

Norma Herrera, a community organizer for the grassroots coalition Rio Grande Valley Equal Voice Network, told CNN that one protester had missed 21 meals during a week-long hunger strike. She says he is protesting the cramped living conditions where he fears contracting coronavirus during this ongoing pandemic.

“They feel like there’s no way to protect themselves from the virus. They’re in really crowded dorms within feet of other people. They’re sharing tablets. They’re sharing phones. When they go out to recreation they share the same equipment and they’re sharing with the same people under quarantine,” Herrera said via phone with CNN. “So they feel there’s just no way to keep themselves safe.”

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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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