Things That Matter

California Passed A Ban On For-Profit Immigrant Detention Centers But It Looks Like ICE Is Ignoring The New Law

Immigration and Customs Enforcement (ICE) posted a request for new private migrant detention centers in California, a mere five days after Governor Gavin Newsom signed a bill effectively banning such detention facilities. 

California is the first state to ban privately-run, for-profit immigration detention centers popular with the Trump administration. The new law will also ban private prisons and put a stop on new contracts after January 1, 2020, along with phasing out existing detention centers by 2028, according to the LA Times

However, on October 16, ICE posted a request for offers on the Federal Business Opportunities (FBO) website to open up at least four new for-profit detention centers. Legislators and advocates believe ICE is attempting tp circumvent the law before the new year’s deadline by rushing new contracts through. 

Senator Kamala Harris calls out ICE’s controversial tactic.

“Let’s be clear: By rushing through new contracts before California’s ban takes effect, ICE is violating the spirit of California law and risks wasting taxpayer dollars in an attempt to lock away even more human beings,” said California Senator Kamala Harris. “We need to fight back.” 

In ICE’s request, according to Mother Jones’ review of FBO documents, they’re looking for “turnkey ready” detention centers in San Francisco, San Diego and Los Angeles for “the exclusive use of ICE and the ICE detainee population.” ICE wants approximately 6,750 beds spread across the four facilities with contracts that would last five to 15 years. 

“The facilities shall be turnkey ready at the beginning of contract performance and able to provide housing, medical care, transportation, guard services, meals, and the day to day needs for ICE detainees,” the FBO solicitation says. “Due to mission needs, proposals for new construction will not be accepted for this solicitation.”

ICE already has four privately-run detention centers in California. 

“I’m not prepared to allow ICE to improperly violate AB 32 and hurt Californians,” said Assemblyman Rob Bonta who wrote the bill. 

ICE has tried to undermine’s California’s status as a sanctuary city before.

“ICE is doing everything they can to circumvent California law,” Silky Shah, executive director of Detention Watch Network, told the Desert Sun. “It’s not surprising that ICE is doing this.”

It may not come as a surprise to Shah because ICE has used unscrupulous tactics before. Adelanto, the second-largest detention center in the country, was independently owned by GEO Group. When the city terminated its contract with ICE and GEO, the very next day ICE organized a deal directly with GEO, last June.

According to Desert Sun, “A September 2018 report from Homeland Security’s Office of the Inspector General found significant health and safety risks at Adelanto, including the issue of detainees hanging nooses made from bedsheets. At least three inmates have died at the facility since 2015 and seven inmates attempted suicide between December 2016 and October 2017.”

ICE criticizes California’s new law. 

ICE spokesperson Lori Haley claimed the only people that will suffer from the ban are California residents. 

“If this law takes effect, ICE would simply have to transfer individuals a greater distance from their arrest location to other facilities outside the state,” the agency said. “Thus, the impact would be felt by residents of California who would be forced to travel greater distances to visit friends and family in custody, and not by ICE.”

Advocates might say that convenience isn’t the issue at hand when it comes to for-profit detention centers. Nevertheless, Hamid Yazdan Panah, an immigration lawyer in the Bay Area claims that the rush to push through contracts might be evidence ICE has realized it won’t be too easy to transport migrants states and that they would actually have to detain fewer people, according to the LA Times. 

“They pick people up at certain points, have to process them and get them to a detention facility usually by evening,” he said. “The reality is they have a lot of protocols they have to go through and manpower considerations they have to deal with.”

For-profit immigration centers have got to go according to advocates. 

Over 70 percent of detained migrants are held in privately owned facilities, like GEO Group and CoreCivic. The Hill found that both organizations donated to Trump’s presidential campaign in 2017, then received $985 million in contracts with ICE. 

The Department of Homeland Security Inspector General found food safety issues, nooses, restrictive segregation practices, and unreported security incidents ran rampant at private detention centers, who are known to cut corners because they are businesses. Instead of holding the owners or managers of these facilities responsible with the usual financial penalties, the IG suggested ICE waived such fees and allowed the conditions to continue. 

“These twisted somersaults to push and bend federal protocols are a sign of desperation,” Bonta said. “It’s what you’d expect from a dying industry.”

Notice any needed corrections? Please email us at corrections@wearemitu.com

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

Things That Matter

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

Smith Gado / Getty Images

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.

Notice any needed corrections? Please email us at corrections@wearemitu.com

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

Things That Matter

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

Gerald Herbert / Getty Images

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?

Notice any needed corrections? Please email us at corrections@wearemitu.com