Things That Matter

The Administration Ignores 22-Year-Old Precedent Of Flores Agreement, Plans To Detain Migrant Families Indefinitely

Today, we woke up to another announcement from the Trump administration regarding its immigration policies. Yet again, the administration has proven that cruelty is the point in their policy.

With today’s announcement, the administration announced a new rule that would add to the aggressive effort already underway to make life miserable for migrants and asylum seekers coming to the US.

According to today’s announcement, the administration will implement a new rule allowing for indefinite detainment of migrant families.

The Trump administration on Wednesday announced a proposal to detain undocumented families together indefinitely, replacing the agreement that set a 20-day limit for holding children, with President Donald Trump saying it would discourage migrants from coming to the US.

Today’s announcement is just the latest in a pattern of cruel policies directed as people attempting to make a new life in the US.

In recent months, the administration has proposed rules that could make it more difficult for immigrants to get green cards, worked to end temporary protected status for migrants from certain countries and limit avenues to declare asylum.

For Trump’s part, he says he’s only thinking of the children.

Trump said Wednesday that he’s concerned about the number of undocumented children attempting to travel into the United States, arguing the new rule would keep families together.

“I have the children on my mind. It bothers me very greatly,” Trump said.

He also reasserted his false claim that President Barack Obama was the person responsible for family separations, although it was the Trump administration’s “zero-tolerance” policy which led to thousands of children being separated from their parents after crossing the border illegally.

“I’m the one that kept the families together. With what we’re doing now, we’ll do even more of that, but it will make it almost impossible for people to come into our country illegally,” Trump said at the White House.

The new rule would also destroy the Flores Agreement, which the government has been following since a Supreme Court decision in 1997.

McAleenan said the new rule takes aim at a 2015 “reinterpretation of the Flores Settlement Agreement” in which a California district court ruled accompanied minors are subject to the same detention limits as unaccompanied minors.

The 2015 change, McAleenan said, “has generally forced the government to release families into the country after just 20 days, incentivizing illegal entry, adding to the growing backlog in immigration proceedings, and often delaying immigration proceedings for many years.”

The Trump administration has frequently blamed Flores for the spike in family border crossings over the last few years, claiming the promise of eventual release creates an incentive to enter the country illegally. On Wednesday, it defended the change as closing a “loophole exploited by human smugglers.”

Several politicians have already come out strongly against the new rule, including Speaker Nancy Pelosi.

Speaker Pelosi is convinced the new rule will be defeated in the courts before it’s ever allowed to go into effect.

While Sen. Elizabeth Warren (D-MA), who is running for President, vows to fight the new rule and noted that it goes against the landmark Flores Agreement.

While others were calling this what it is – concentration camps for migrant families.

The American Civil Liberties Union, which has fought several Trump administration immigration policies, slammed the rule as “yet another cruel attack on children.”

“The government should NOT be jailing kids, and certainly shouldn’t be seeking to put more kids in jail for longer,” the group tweeted. They added, “This is yet another cruel attack on children, who this administration has targeted again and again with its anti-immigrant policies.”

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

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

Ronen Tivony / ZUMA

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.”

His Family Begged ICE To Keep Him On Life Support Until They Could Say Goodbye But The Agency Didn’t Listen

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His Family Begged ICE To Keep Him On Life Support Until They Could Say Goodbye But The Agency Didn’t Listen

CoreCivic

Though much of the nation’s attention has focused on the plight of migrants crammed into overcrowded Customs and Border Protection facilities along the southern border, Abienwi’s case highlights concerns over the immigration detention system in the interior of the U.S.

ICE detains more than 52,000 migrants a day in a sprawling network of 225 detention centers and jails spread throughout the country. Government watchdogs have highlighted problems in those facilities, including nooses found in cells, detainees on hunger strikes and substandard medical care.

Abienwi is the ninth migrant to die in ICE custody over the past year, according to ICE data. His family and supporters said they want to know how that could’ve happened to a healthy man who had no medical problems before his confinement in the USA

An asylum-seeking migrant detained by ICE was pulled off life support after his relatives said they requested that doctors continue the lifesaving measures.

ICE said Nebane Abienwi, a father of six, died Oct. 1 after being detained at San Diego’s Otay Mesa Detention Center following a “medical emergency.” Since then, his relatives have reportedly been unable to obtain all the information about his death they have requested and his brother has twice been denied a visa to travel overseas to identify the body and bring it home.

His relatives say the move transpired despite their requests that life support be continued, according to USA Today.

“We did not approve” Abienwi’s removal from a ventilator, his brother Akongnwi, who requested he be identified only by his last name, told USA Today. “One hundred percent, we did not.”

More than a month later, the man’s body remains in the USA.

His relatives said they have been given little information about his death, and his brother has twice been denied a visa to travel to the USA to identify the body and accompany it back home to Cameroon.

Ever since, Abienwi’s youngest brother said he has been scrambling between U.S. embassies in South Africa and Cameroon, pleading for a visa to travel to California to get some answers.

He said he wants to make sure it’s really his brother’s body and to perform cultural rites on the body before the casket is sealed. He wants to know why doctors removed the ventilator that kept his brother breathing after he asked them to keep it in place until a relative could arrive.

Abienwi died after becoming critically ill while in ICE custody and was placed on a ventilator.

Akongnwi, speaking from a hotel room in Cameroon on Monday, said he spoke by phone with ICE officials several times Sept. 30, when they first called to say his brother had become critically ill and was on a ventilator. He said the ICE officials passed the phone to Sharp Chula Vista Medical Center officials, who explained that his brother was bleeding profusely in his brain and a ventilator was the only thing keeping him breathing.

Akongnwi said he shared the information with his brother’s wife and others in the family, and they all agreed Abienwi should be maintained on life support until a relative could be by his side.

“The family spoke and said, ‘We believe in miracles. It has happened to other families, why not ours?’ ” Akongnwi said. During the next call with ICE, “I made clear that he should remain like that and the family would decide if we want to take him off that machine or not.”

report released by ICE detailed what happened next.

On Oct. 1, at 12:05 p.m., two doctors analyzed Abienwi’s examination results, concluding they “were consistent with brain death and pronounced him dead.” Thirty minutes later, Abienwi’s family was notified, according to the report. Two hours later, hospital staff “discontinued Mr. Abienwi’s ventilator support,” the report said.

Akongnwi, who was in the process of submitting his passport information to U.S. officials and planning to fly to California, said he was never informed that his brother was taken off life support. He said he learned of that decision only when contacted by a reporter who shared ICE’s summary of the case.

“They said, ‘It’s very unfortunate, but your brother didn’t make it,’ ” he said. 

Sadly, this isn’t the first time this migrant detention center has been accused of substandard care.

The Otay Mesa facility, which is owned and operated by the private company CoreCivic, has been accused of not adequately addressing detainees’ health issues in the past. In February, more than 70 detainees in the facility signed a letter saying they had experienced racism and medical neglect at the facility.

The internal ICE report regarding Abienwi’s death shows that Abienwi, who’d already suffered from hypertension before being put in ICE custody, fell off his bunk bed on Sept. 26. After the fall, he appeared to be confused and sweating, and had difficulty moving his left arm and leg, the report says. Doctors initially concluded that he was fine, aside from having elevated blood pressure, but a subsequent exam found that he was suffering from internal bleeding.