Things That Matter

ICE Says They Rescued A Mother And Her Newborn But Then They Turned Around And Separated Them

The U.S. Immigration and Customs Enforcement (ICE) agency had recently released a story about how border agents had ‘rescued’ a woman and her newborn baby in the middle of the Texas desert. In their release, they detailed how the pair were provided with immediate medical treatment, however, they failed to mention that the mother was immediately separated from her newborn.

As the case gains more attention, immigration advocates and legal officials are coming forward with new details in the woman’s case and it’s helping to paint a very different picture from the one given by border officials.

New details are emerging after ICE said they had ‘rescued’ a woman in labor.

An entirely new picture is emerging regarding a story put out by ICE itself saying they had ‘rescued’ a woman in labor. However, ICE officials forgot to mention one very important detail – just hours after their supposed rescue – they separated the woman from her newborn baby and detained her pending her possible removal from the country.

According to the ICE press release, border agents responded to a 911 call and found the woman soon after she had delivered her baby alone in a field near Eagle Pass, Texas. Officials first transported the mother and child to a nearby hospital, then the baby was airlifted to a neonatal care unit hours from where the mother was being held in custody.

“They told her she was going to be sent back to Mexico without her baby,” according to Amy Maldonado, who is legally representing the mother, and spoke to the LA Times.

The mother and baby have since been reunited but a legal process is still playing out regarding their future.

It wasn’t until the LA Times published a story about what had happened that ICE released the mother from custody, and she was reunited with her baby in San Antonio.

According to Austin Skero, chief patrol agent for the Del Rio sector, who responded in a tweet to The Times, agents had to separate the mother and baby due to the San Antonio hospital’s COVID-19 policy for the neonatal unit, which the hospital immediately disputed.

Leni Kirkman, representative for University Hospital in San Antonio, told The Times in an interview the statements were not correct. 

“That is definitely not the hospital policy,” she said. “We do not separate babies and parents.”

Even during a surge in COVID-19 cases in Texas, “which fortunately we’re not in now,” she said, “the parents of NICU babies got to be with their baby. That was not something we backed off on. Babies need to be with their parents.”

Not surprisingly, ICE has a history of separating mothers from their newborn and nursing children.

Sadly, there are many stories of mothers being torn apart from their children – including those who still require breastfeeding.

Last year, following the ICE raids of processing plants in Mississippi, details emerged of a mother who picked up by ICE and unable to see her 4-month-old daughte, who she was still nursing – and who herself is a U.S. citizen.

Advocates also report that some asylum seekers in the Texas who have given birth in ICE custody were forced to hand over their newborns to the Texas Department of Family and Protective Services (DFPS). Reuniting with their newborn hinges on their release from federal custody, and whether they can access legal help to navigate the child welfare system.

Last year, DFPS attempted to place a detained woman’s newborn in foster care. The woman “cried for 72 hours straight,” a Texas OB-GYN told Rewire.News. The OB-GYN held the woman at the hospital for five days so that she could see a psychologist.

“I was worried she was going to hurt herself when they took her back to the detention center,” the doctor said. “Luckily in her case, they were eventually able to locate an aunt-in-law, her uncle’s wife, who lived in Chicago. But this wasn’t a blood relative, and it wasn’t someone she’d ever met before.”

The mother of the newborn had attempted to seek asylum in the U.S. but was forced to stay in Mexico.

The mother picked up by ICE with her newborn, whose name has not been released, had recently applied for asylum at the border earlier this year with her older child, who is 6-years-old, but officials put them into the controversial “Remain In Mexico” program.

The Migrant Protection Protocols (or MPP) sent them back to Mexico to wait until their asylum hearing. Under MPP, tens of thousands of asylum seekers have been forced back to dangerous Mexican border towns to await hearings in the United States, some for more than a year. Citing the COVID-19 pandemic, the Trump administration closed the U.S.-Mexico border in March to all nonessential travel and indefinitely postponed most MPP hearings. 

The American Civil Liberties Union has challenged the Homeland Security Department over its “treatment of pregnant people, or people in active labor, delivery, or post-delivery recuperation in CBP custody or subject to the MPP,” and called for an investigation into returning pregnant women to Mexico under MPP.

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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.

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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