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Even ICE’s more comprehensive detainee death reviews, obtainable only through Freedom of Information Act requests, have been criticized for not being comprehensive enough.

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One hundred eighty-eight men and women have died in U.S. Immigration and Customs Enforcement custody since 2003 — nine of them during Fiscal Year 2018 (from October 1, 2017 to September 30, 2018). On December 18, ICE released brief reports on six of those deaths, as required by Congress in its March budget bill.

ICE’s record-breaking $4.4 billion budget for immigration enforcement came with a requirement that the agency report on each in-custody death within 90 days of its occurrence.

But immigrant and human rights groups argue that the two-to-three-page reports are of little use in figuring out why the deaths occurred or how they could have been prevented. The reports detail each individual’s immigration history and contacts with law enforcement, which activists say are irrelevant to their deaths’ circumstances.

“ICE’s newly posted reports lack the information the agency has made available in the past,” said Grace Meng, a senior researcher for Human Rights Watch. “Unless the reports provide that information, ICE is unable to correct any underlying problems that led to the person’s death.”

In a statement, the American Civil Liberties Union, the National Immigrant Law Center, Human Rights Watch and Detention Watch Network have called the reports a sham whose release “dodges accountability and flouts congressional requirements.” The groups argue that they provide no analysis of the medical treatment detainees received. Nor do they note errors or violations of detention standards in each individual’s care, or make recommendations to improve care in the future. All six reports are late – exceeding the 90-day deadline for their release. Three FY 18 deaths are omitted altogether, as they occurred before the congressional mandate went into effect.

The current batch of reports don’t replace the agency’s more comprehensive detainee death reviews, which are conducted by its Office of Professional Responsibility and are available through Freedom of Information Act requests, ICE spokeswoman Danielle Bennett wrote in an email. However, these reports have also been criticized for not being comprehensive enough and often take months to fulfill. In September 2017, Capital & Main requested reviews of 18 detainee deaths which had occurred in 2016 and early 2017. ICE has still not released four of the reports.

One of the current reports concerns Roxsana Hernandez, a 33-year-old HIV-positive transgender woman, who was found to be feverish, starving and dehydrated when she saw a nurse at the Cibola County Correctional Center in New Mexico eight days after being placed in government custody. The New York Times reported last month that Hernandez, a Honduran citizen, appeared to have been physically abused before she died, according to an independent autopsy. The report also cited accounts of fellow detainees who said Hernandez, who died May 25, 2018, was dehydrated for days and received no medical treatment until she was seriously ill.

ICE’s report on Hernandez’s death says she received a medical screening after four days in ICE custody, and more than a week after turning herself in to Border Patrol officers. It mentions no medical visit prior to that. (ICE detention standards require a medical screening within 12 hours of a detainee’s arrival.) The ICE report does not note the hemorrhages of soft tissue and muscles over Hernandez’s ribs found by the independent pathologist, according to the Times report, and said its autopsy is pending.

ICE also released reports on the deaths of:

— Efrain de la Rosa, a 40-year-old man who suffered from mental illness and apparently committed suicide while in an isolation cell at the Stewart Detention Center in Georgia.

— Huy Chi Tran, a 47-year-old Vietnamese immigrant, who suffered from schizophrenia and depression, and was found unresponsive in his cell at Arizona’s Eloy Detention Center. (No cause of death is included in Tran’s report.)

— Ronal Francisco Romero, 39, a Honduran citizen, who died of complications of diabetes and sepsis at Texas’ Port Isabel Detention Center.

The reports also covered the deaths of Gourgen Mirimanian, a 54-year-old from Armenia, of apparent heart disease at the Prairieland Detention Center near Dallas, and 62-year-old Augustina Ramirez Arreola, who died after aortic valve replacement surgery while detained at the Otay Mesa Detention Center in San Diego.

In the nearly three months since FY 18 ended, three more men have died in immigration custody.

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Copyright Capital & Main

Editor’s note: This article is co-published by Capital & Main and Law at the Margins. It is part of “We the Immigrants,” a Community Based News Room (CBNR) series that examines how immigrant communities across the United States are responding to immigration policies.  The five-part series is supported by a Solutions Journalism Network Renewing Democracy grant.

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“You have to leave the country now that Trump is president.” That’s what Latinx children heard from some white schoolmates in the small southeastern Iowa town of Mount Pleasant in the days after Donald Trump was elected.

Eighteen months later, the threat of deportation seemed much more real than a schoolyard taunt. On May 9, Immigration and Customs Enforcement (ICE) agents detained 32 men—22 from Guatemala and the rest from Mexico, El Salvador and Honduras—at Mount Pleasant’s Midwest Precast Concrete (MPC) plant. A concrete mixing plant that started up more than a decade ago, MPC owes its building and success largely to migrant Latino labor, including that of some highly valued supervisors who were swept up.

The raid came out of nowhere, without warning. “They had a canine unit and a helicopter,” arrested MPC worker Nelson Lopez Sanchez told a reporter through a translator. “Some people got beat up. As they were trying to get away, officers used force. Agents were very impolite, making racist comments.” Sanchez came to the United States 14 year ago, fleeing corruption and violence in his native Guatemala.

When college student Juana Barrios learned about the detention of her father, an MPC worker who had worked in the United States for 17 years, it was like living a nightmare. “Scary … the worst feeling I’d ever experienced in my life,” Barrios told an Iowa Public Radio (IPR) interviewer nine days after the raid. “[My father] was our rock, our everything. We need him.”

Other families hit by the raid also were traumatized. Many became afraid to leave their homes. For two days after the raid, 90 children stayed out of school. Three of the detained men were married to U.S. citizens and in the process of becoming citizens themselves. Each of them nonetheless had to put up a $10,000 bond and pay hundreds of dollars for a work permit if they wanted to resume legal employment.

Others among the detained group were asylum seekers fleeing rampant drug violence and government corruption in Guatemala. It’s not illegal to seek asylum in the U.S, and you have to be on U.S. soil in order to apply for asylum here.

Grassroots Emergency Responses Activated

Latinx immigrants together with local and regional allies, responded immediately to defend and support detained workers and their families—to raise bond money and help them “find a way out of this.” Local churches and schools have provided critical caring, sanctuary and sustenance while regional activists have arrived to provide critical legal, counseling and organizing assistance.

Before the raid, Mount Pleasant was home to a local chapter of the League of United Latin American Citizens (LULAC), an immigrant-led organization. LULAC leader David Suarez, a respected community outreach officer for a local bank and journalist, first alerted Mount Pleasant activists of the raid after a fellow Latino community member called him and informed him of a helicopter above and state police on the industrial perimeter.

On the day of the raid, LULAC hosted a meeting for families who were impacted, but because they were a brand-new organization, Suarez immediately reached out to First Presbyterian Church (FPC) and IowaWINS (Iowa Welcomes Its Immigrant Neighbors) for support and space. By nightfall after the morning raid, the church was packed with people ready to help.

The Rev. Trey Hegar, the pastor at FPC and a Marine veteran, opposes what he calls “nationalistic politics and theology.” He counters the nativism of local Republicans by quoting Leviticus: “The stranger who resides with you shall … love … as yourself, for you were aliens in the land of Egypt.” After Trump was elected, Hegar agreed to make the church an immigrant sanctuary when and if “la migra” (as Latinx immigrants call ICE) arrived.  The church would soon become the place where the coalition work coalesced.

ICE actions have a history in Iowa. In 2008, a raid devastated the community of Postville—which is just 176 miles from Mount Pleasant—sweeping up 20 percent of the town’s population (389 people) and costing the local economy $5 million, according to The Intercept. Grassroots allies already were in place before ICE came to Mount Pleasant. They were prepared.

‘Fighting Back with Solidarity’

FPC is also home to IowaWINS, formed three years ago to support Syrian refugees. After the 2016 elections, the organization shifted its focus to defending local immigrants from Mexico and Central America.

IowaWINS raised $120,000 to pay for rent, groceries, utilities and legal expenses for impacted families. It distributes food and household goods from a pantry at the back of the church. One IowaWINS leader has become the legal guardian of a teenager who lost his sole parent during the raid. Another is a teacher who sees all her students, including the children of immigrants, as “like my own children.” She reports that many of the detained workers’ children are “DACA recipients,” or “Dreamers,” brought to the U.S. “illegally” and residing here on renewable two-year certificates of deferred action.

While support from white allies has been critical, immigrant and Latinx self-defense has been essential. Another early partner was Iowa City’s immigrant-led Center for Worker Justice (CWJ), whose former president, Mazahir Saleh, became the first Sudanese-American to hold an elective office when she won an Iowa City Council race in 2016. CWJ president Rafael Morataya and volunteers came to Mount Pleasant immediately after the raid, contributing translation, organizing experience and ally networks.

“Our success and survival,” the CWJ says, “depends on each other, regardless of where we are born, or what language we grew up speaking. In the face of attacks on immigrant communities, we are fighting back with solidarity. We’ve seen firsthand the destruction that comes from criminalizing immigrant workers. It terrorizes families, gives unscrupulous employers enormous power to intimidate workers, and weakens our entire community. It doesn’t have to be this way.”

Since Trump’s election, the CWJ has trained hundreds of “rapid response,” “family support” and “legal team” volunteers. It will be on hand when ICE conducts another raid in the region. (Hegar reports that ICE agents recently visited the personnel office of a local meatpacking plant in search of undocumented workers.)

In reflecting on the coalition work in an interview with us, Suarez stressed the importance of “working in partnerships. That was key, he said, in Mount Pleasant. “Individual effort is important, but a unified effort is better.”

Bonding Out As a First Line of Defense

In time, other allies also have stepped up. Volunteers arrived from the University of Iowa (UI) Labor Center, a labor education program that has long advised and advocated for the state’s highly exploited Latinx farm workers. UI law professor Bram Elias brought law students to visit the detainees in jail and to advise the men and their families. Joining the resistance were the American Friends Service Committee, Iowa’s progressive teamsters local, United Food and Commercial Workers (UFCW), the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the Catholic Diocese of Davenport (Iowa), and the Eastern Iowa Community Bond Project (EICBP), which raises funds to get detainees out of jail and into the federal immigration court system before they can be deported.

“What we need to do [first and foremost],” LULAC director Maria Bribesco told Our Quad Cities one day after the raid, “is … pay the bond … so they’re not deported immediately.”

Under the leadership of its co-founder, Natalia Espina, a Chilean-American Iowa City activist and LULAC member, the bond group has played a pivotal role. Paying bonds for the detained workers before they can be removed from the country puts them into a federal immigration court system that is backed up for as long as five years in many cases. This turns folks who were undocumented and living in the shadows into people who are legally safe for as much as half a decade.

The bonds—ranging from $3,500 to $10,000, depending on the immigration violations detainees are charged with—must be paid in person at the regional ICE administrative office in Omaha, Neb., a five-hour drive.

Early legal intervention is imperative, CWJ member Joe Marron reports. In the great majority of cases where detained workers receive rapid legal assistance and bond support, release is achieved.

At this moment, 26 of the 32 MPC workers seized last May have been released on bond. Four have been deported. Two remain behind bars.

Top-Down Raids vs. Bottom-Up Organizing

In Mount Pleasant as in other small towns across the American heartland in 2018, the story has started the same way—literally from the top down—as the Trump administration has re-initiated the high-profile, military-style workplace immigration raids that last occurred under George W. Bush.

The existence of immigrant leaders like Suarez and allies like FPC, Iowa Wins and CWJ were instrumental to the release of the detainees. In other towns, like in O’Neill, Neb., the Aug. 8 raids were a new experience for the community. The topic of immigration had not been discussed among neighbors, which caused the town to be split on the issue.

High school teacher and wrestling coach Bryan Corkle, father of four and a longtime resident of O’Neil, grew up on Rush Limbaugh conservative media. He experienced his own shift on immigration after seeing his immigrant students work hard, get a high school diploma, and unable to find work or continue to college.

“It started with my kids,” Corkle explains. “I fell back on my faith. I was a voice of one, but moving forward, it is changing. Do unto them, as we would want for our ancestors.”

Pastor Brian Loy, who leads the First United Methodist Church in O’Neill and helps run a food bank every week, reported to us that he had lost old high school friends of 30-40 years over his support of laborers.

“Fifty percent of what I knew about immigration was wrong. I was learning as the raid was unfolding.” That’s why, he says, “we need to educate, educate, educate our communities on immigration.”

The grassroots infrastructure that existed in Mount Pleasant was not yet developed in O’Neil. “We did not have experience responding to raids at the moment, but we relied on statewide groups like Nebraska Appleseed and Center for Rural Affairs,” said Corkle.

Corkle views the faith community as playing a leadership role in protecting immigrants in O’Neill and building support and financial systems for immigrants and their families. This was also true in Mount Pleasant.

In O’Neill, Pastor Loy is working with his church leadership to create an emergency response plan, which he hopes will be distributed to the 1,000-plus Methodist churches in the Kansas and Nebraska areas. This, he hopes, will better prepare other small towns where their churches are located to respond to raids and protect their immigrant congregants. He also is creating an immigration council comprised of impacted families to ensure they are part of the process of coordinating any assistance.

Both Loy and Corkle acknowledge the importance of involving the immigrant communities in humanitarian work and developing their leadership. This approach seems to be key in Mount Pleasant where Suarez and other immigrant leaders have helped bridge the divides between the town. Even there, Suarez shares, they did not have support of 50 percent of the town, but they were successful because they were unified among the remaining 50 percent.

Corkle finds future hope for such leadership in his immigrant students like Stephanie Gonzalez.  Stephanie’s mom was among the immigrants detained in the raids in O’Neill and, to this day, remains in detention, leaving Stephanie, 17, a high school senior, and her two younger brothers (elementary school aged and 1 year old, respectively) in the care of her high school friend’s parents.

“I’m scared about my future,” says Stephanie, but “I’m determined to go to college because my mom came here to give me a better life. I want her to be proud of me. When I get my dreams, she will also get hers.”

For now, she is worrying  about how to pay for nursing school, in which she has already gained admission and hopes to create an organization after completing her studies that would help families like hers.

Catch-22: Freedom Isn’t Free

There are real limits to what local and regional immigrant rights first responders have been able to achieve for those targeted by ICE. Getting bonded out of detention is one thing. Being able to work legally is another. The 26 “liberated” Mount Pleasant detainees are “stuck in a catch-22,” Hegar admits. Without the right to be gainfully employed in the U.S., many are tempted to “voluntarily self-deport” back to their original home countries. But “if they leave the country prior to receiving an immigration hearing,” Hegar says, “the men forfeit their right to return and risk never being able to see their families again.”

It’s a dark twist on the bumper sticker maxim one commonly sees on the back of pickup trucks in the rural heartland: “Freedom Isn’t Free.”

Hegar sees some of the released detainees’ “heads hanging” as they come into the church’s food pantry. “These guys aren’t takers. They’re workers,” Hegar observes. “The men don’t like relying on charity, their spouses and their older children,” some of whom have had to defer education and careers to take low-paid jobs.

O’Neill has the same urgent need for resources, Pastor Loy says, to help families with rent, food, so that they can stay in the community.

Volunteer psychology students from the university are counseling some of the men in Mount Pleasant on how to process the great blow to their pride and their traditional role as breadwinners.

Some of those detained and released are thinking seriously about returning to the terrible conditions they fled in Central America and Mexico.

“That’s the point of the raids,” Hegar concedes. “To deter immigration.”

Morataya from CWJ wonders “who benefits” from a federal immigration policy that spends millions of taxpayer dollars on terrorizing and devastating families and stripping employers of a highly valued labor supplies. Suarez echoes this point.

“Mount Pleasant is a growing rural economy and needs immigrants,” explains Suarez. “The evidence is in the open jobs that are not being filled.” Suarez reports that Latinx workers perform difficult, dangerous and dirty work tasks (such as animal slaughtering and meatpacking) that white and a growing number of documented African (chiefly Sudanese and Congolese) immigrant workers tend to reject in Iowa—a state that is home, the EICBP reports, to 40,000 undocumented immigrants.

This is not uncommon in other parts of rural America. Corkle, for instance, says that unemployment in O’Neill is 2 percent due to the booming agro-business. “Places like Mount Pleasant and O’Neill are part of a Midwestern regional hub of rural economies, where if you want a job, you can get a job, and so there are no economic reasons to prevent immigration.”

The support detained workers and their families have received in Mount Pleasant and other heartland communities subjected to ICE raids has granted them needed space and time to make deliberate and informed decisions on how best to move forward.

Still, Hegar, Suarez and Morataya say that the nation’s immigration system is “fundamentally broken.” It is in dire need of a “comprehensive reform” that provides a clear and reasonable path to citizenship and removes the constant fear, stigma and insecurity experienced by millions of immigrant workers on whom the nation depends for its economic vitality.

“We need immigration reform as soon as possible” says Suarez. In the meantime, LULAC will continue to help detainees because the immigration process can take a long time. Suarez knows this firsthand: “I am a first-generation immigrant. It took me 10 years and $20,000 to become a U.S. citizen. I know what the families who have no resources are going through.”

Corkle knows what is needed for O’Neill. “I want to see proactive immigration reform to stop this endless cycle of raids.” He believes that a majority of rural Americans agree that the immigration system needs to be fixed, but disagree on how to fix it.

Stephanie see immigration reform as the only solution to unite her family separated by the raids.

Still, Corkle says, “Rural America gets a bad rap as not being welcoming. “What I find lost in the national conversation is that on the far right, they are trying to build the wall, and to the far left, they want to abolish ICE. The oxygen is being taken out for a reasonable position on immigration reform.”

Hegar also worries about the nation’s political silence on the United States’ role in creating the miserable conditions that so many workers and farmer are trying to escape in Mexico and Central America.

Direct service and solidarity are important, but there’s no “way out of this” without effective advocacy for sweeping systemic and policy change.

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Paul Street is an independent journalist based in Iowa City, Iowa. Chaumtoli Huq is the editor of Law at the Margins.

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CoreCivic, which operates immigrant detention centers, warned a law-enforcement agency not to make its investigation into a detainee’s death public.

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Updated Dec. 19: One week after Capital & Main reported, below, that CoreCivic had warned the Georgia Bureau of Investigation against releasing its probe into Efrain de la Rosa’s death, Atlanta public radio station WABE reported that the GBI announced it had reversed course and released the documents to the public.

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Co-published by Fast Company

The Georgia Bureau of Investigation has refused to release the full results of its investigation into the apparent suicide of Efrain de la Rosa, an immigrant detainee at the Stewart Detention Center in Lumpkin, Georgia. The 40-year-old de la Rosa died July 10, 2018. In the past 19 months, three people have died at the prison, which an employee told federal inspectors was a ticking bomb because of safety issues.

The refusal marks an abrupt change by the GBI, whose director, Vernon Keenan, has been lauded for his agency’s transparency.

The 40-year-old De la Rosa, a Mexican citizen and longtime U.S. resident, is believed to have killed himself while in solitary confinement — and under circumstances similar to those of Jean Carlo Jimenez Joseph, a 27-year-old Panamanian who, like de la Rosa, suffered from mental illness, and hanged himself in an isolation cell. The GBI investigated both the Jimenez and de la Rosa cases, and released its full investigation of Jimenez’s case, but not of de la Rosa’s.

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The GBI’s 2017 investigation into another detainee suicide revealed mismanagement at the Stewart Detention Center.

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Ginny Davis, the GBI’s deputy director of the office of privacy and compliance, told Capital & Main that Stephen Curry, an attorney for CoreCivic, the private prison company that operates Stewart under contract with U.S. Immigration and Customs Enforcement, recently alerted her to a federal regulation which, he said, prohibits states and local governments from disclosing information about federal detainees.

“He said you can’t disclose any of this under open records,” Davis said. “It was a warning letter.”

The GBI consulted with the Georgia attorney general’s office and decided against disclosure, Davis said. Curry, who represents CoreCivic, did not return a call for comment.

Azadeh Shahshahani, the legal and advocacy director of the civil rights group Project South, which is seeking the records said, “We find this attempt to shield the prison corporation from accountability extremely troubling and will be exploring our various legal options.”

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Is a federal rule meant to protect an individual’s privacy rights being used to hide information about detainee fatalities?

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The GBI’s 2017 investigation into Jimenez Joseph’s case revealed mismanagement at the Stewart facility. The guard assigned to check Jimenez’s cell at 30-minute intervals on the night of the detainee’s death was fired for falsifying logs to cover for his failure to do so. Records released in the investigation also revealed that Jimenez Joseph was being given insufficient doses of the psychotropic medication he’d been prescribed before his detention and that his many pleas for help with his mental health condition were ignored.

At Detention Watch Network, an advocacy group that opposes the widespread detention of immigrants, policy director Mary Small said the abuses go far beyond the Stewart Detention Center.

“At every turn,” Small said, “whether it’s [through] the Office of Inspector General or the Department of Health and Human Services looking into the facility at Tornillo, or ICE’s own death investigations, we’re seeing abusive conditions, inadequate medical care and harm caused to people who are detained. It’s in that context that their refusal to provide information is so concerning.”

The Mexican consulate in Atlanta also wants the full investigative report on de la Rosa’s death, said the Consul General, Javier Diaz de Leon. The GBI’s Davis reported Diaz de Leon’s request for records was granted under the Vienna Convention on Consular Relations. But Diaz de Leon said the medical report he was given consists only of about nine pages and appears incomplete.

By contrast, the GBI’s summary of its investigation into the 2017 death of Jean Carlo Jimenez Joseph at Stewart was 236 pages long. The GBI also produced audiotaped reports of numerous interviews its agents conducted with staff and detainees, along with videotaped evidence, guard logs, incident reports, solitary confinement logs and audio recordings of Jimenez Joseph’s conversations with his family members.

Diaz de Leon said that in mid-November he requested additional documents but has received no answer as of December 5.

Mark Fleming, an attorney with the National Immigrant Justice Center, an immigrant rights group, said that during the current presidential administration, states and localities have increasingly invoked the federal regulation that seems to prohibit disclosure of records of federal detainees, 8 CFR 236.6.

He noted that courts in at least three states have upheld a local government’s refusal to release information about federal detainees under the rule, but said its use to prevent disclosure of information on those who are deceased is questionable.

Fleming added that the underlying reason for the rule is to protect an individual’s privacy rights, which no longer exist after death.

“It would seem odd that the government has rights that are broader than the individual’s,” Fleming said.

Under the federal rule, ICE could provide records of the GBI investigation under a Freedom of Information Act request. However, such requests now take months or even years to process.

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Update: After this story was published, Rodney E. King, a spokesman for CoreCivic, emailed the following statement.

“This matter was investigated by a state agency, GBI, but it occurred in a facility we operate on behalf of a federal government partner, ICE. In these situations, it’s our standard practice to reach out to the state government body to ensure the necessary coordination with the federal government, which has the leadership role in determining how information about an individual in its care is shared. CoreCivic is committed to transparency. We comply with all applicable open records laws and share information freely with our government partners.”

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Copyright Capital & Main

Editor’s note: This article is co-published by Capital & Main and Law at the Margins. It is part of “We the Immigrants,” a Community Based News Room (CBNR) series that examines how immigrant communities across the United States are responding to immigration policies.  The five-part series is supported by a Solutions Journalism Network Renewing Democracy grant.

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Navneet Kaur, from Salem, Ore., was part of a team of 56 to 60 drivers from the Post Detention Respite Network who waited in shifts outside the federal prison in Sheridan to pick up detainees after they’d been released. “It shocked me because it’s not part of the country where people would send detainees,” she said. “Reflexive action was to jump in and help in whatever way I could.”

Kaur is a Sikh from Punjab, India, and also provided translation services. She has been in the United States for 18 years, and in Oregon for 15. She is a member of the Sikh Center in Salem, where many of the detainees found shelter following their release.

The Sheridan detainees were first apprehended at the U.S.-Mexico border and transferred to prison in Sheridan in late May. While not all the detainees were South Asian—some were from Guatemala, Mexico and China—the recent plight of South Asian asylum seekers has been kept out of the public consciousness.

According to the Willamette Week, “U.S. Immigration and Customs Enforcement placed the men in the federal prison because the federal immigration agency ran out of space in its detention centers designed to house asylum seekers and other immigrants who have not been convicted of a crime.” About half of the detainees are from India, and many from the Sikh tradition.

Sikhs first immigrated to Oregon (mostly via Vancouver, British Columbia) around 1905, escaping British colonialism that ravaged India. Queen Victoria had declared their equal status with Britain, no matter where they traveled, but they didn’t experience this equality in the States. Many relocated to Oregon from California and Washington, due to Oregon’s quasi-peace with Indian laborers.

“Oregon started a specific social pact, starting with the Chinese laborers in the late 1800s, and then extending to Indians and Filipinos, that called for racial peace in order to ensure a labor force,” states Johanna Ogden, an independent historian. “Of course, that didn’t hold.”

With the advent of the First World War, Indians in America saw an opportunity to return to their homeland and fight for independence. The Hindustani Association of America was formed in Portland, Ore., in 1912, and a second chapter was started in the small town of Astoria. By 1913, the members had shifted their mission from sponsoring Indian youth in America to returning to India themselves and forming a United States of India.

Ogden provides detail in her Oregon Historical Society article, “Ghadar, Historical Silences, and Notions of Belonging.“ She writes, “From March 31 through April 14, 1913, local men and others traveling from Portland and St. Johns gathered in Bridal Veil (twenty men), Linnton (one hundred men), and Winans, a whistle stop in the woods south of Hood River (one hundred men). By late spring, they were ready for the culminating meeting in Astoria.”

The Ghadar rebellion—seizing India back from British rule—was officially proposed and passed at this meeting. This political action resulted in a mass exodus of Indians from Oregon. Small pockets remained, though most who didn’t return to India migrated to British Columbia and California. While ultimately unsuccessful, Ghadar was instrumental to India later gaining self-governance.

This important history was erased until the publication of Ogden’s research.

“No one knew until Johanna published her article, and until the city council of Astoria decided to celebrate the Ghadar Centennial,” Kaur says. “Even in the history books of India, there is no mention of Ghadar’s roots in Astoria.”

Now, the Ghadar Party history will soon be taught in Oregon public schools, marking a step toward better representation.

In 1923, another political event prompted a change to national policies in the United States. Bhagat Singh Thind, a Sikh from Punjab, applied for citizenship after fighting for the U.S. in World War I. Such citizenship had been promised to him, as well as millions of other immigrant soldiers. Thind received and lost his citizenship in Washington and Oregon, with his case making its way to the Supreme Court. Since the Naturalization Act of 1906 restricted citizenship to only “free white persons” and people of African descent, Thind argued in United States v. Bhagat Singh Thind that since Aryans had invaded Punjab and subsequently intermixed, he possessed Aryan blood as a high-caste Hindu. The court denied his appeal, changed its racial classification of Asian Indians, and denied and revoked a plethora of naturalization certificates.

With the Refugee Act of 1980, Sikhs once again settled in rural Oregon, as well as in other parts of the country. Though the Sikh community was relatively unaware of their prior history in the region, their local presence was invaluable in aiding the Sheridan detainees, many of whom needed translation assistance. A complete lack of common language between detention employees and those detained added to the already deplorable conditions inside the cells.

“Those early days had been bleak, the migrants said,” according to The Oregonian. “There were housed three-to-a-cell, sharing a common toilet, and restricted to their quarters 22 hours a day.”

The Innovation Law Lab—a nonprofit in Portland, Ore., that helps attorneys win tough immigration cases—has been able to take over 90 Sheridan cases pro bono thus far. This work came after the Oregon ACLU won a lawsuit of habeas corpus in federal court, declaring the prison detainment conditions unconstitutional. Before President Trump’s Executive Order 13769 of 2017, colloquially known as the Muslim ban or travel ban, immigrants had access to lawyers and worked with U.S. Immigrations and Customs Enforcement (ICE) to process applicable paperwork.

“That’s how things worked in the past,” Kaur explains. “You passed your credible fear, you’re out, and your case goes on, for however long it goes on. But that didn’t happen this time.”

Indefinite detention without representation is not a new problem. Suman Raghunathan, executive director at South Asian Americans Leading Together (SAALT) works to amplify South Asian immigrant voices in the U.S.

“We are seeing a rising tide in South Asian detainees over the last four or five years,”she says, “spanning individuals originally from India (largely Sikhs, in our experience), Bangladesh and most recently a wave of Nepalis. Many of these folks are fleeing political and/or religious persecution and/or discrimination in South Asia and making the decision to, in some cases, make the arduous crossing through Latin America and cross the U.S.-Mexico border.”

In 2015, detainees in Florida, Alabama and Orange County (Calif.) participated in hunger strikes to protest being denied basic rights, such as translators and timely credible fear interviews. During April and May this year in Georgia, migrants at the Stewart Detention Center also participated in hunger strikes, while migrants at the Folkston Detention Center did the same in June. Both of the Georgia detention centers are for-profit and located in remote areas, just like Sheridan.

Vân Huynh, a supervising immigration attorney with Advancing Justice-Atlanta, notes the challenges the detainees in Georgia face. “It’s much more difficult for them to be able to send documents, or gather documents from their families to support their case,” she says. “Given just how remote those areas are, being able to get access with them and get a base of attorneys to even contact is really difficult.”

In Oregon, nonprofits worked together with the Sikh community to aid the Sheridan detainees. The Asian Pacific American Network of Oregon (APANO) partnered with Innovation Law Lab to provide legal counsel. Their success was due to the combined efforts of not only advocacy groups, but also community members of different faiths.

According to Raghunathan, “Jai [Singh of APANO], who is Sikh American, was instrumental in coordinating and leveraging broader support from the local Oregon Sikh and South Asian community and played a crucial role in mobilizing Oregon gurdwaras [places of worship for Sikhs] to help provide some translation and interpretation, as well as support from local religious leaders. In a combined effort, the community rallied for, housed, fed, clothed and transported the detainees as they were released.”

The Rev. Ron Warner Jr., a Lutheran pastor and organizer with the Interfaith Movement for Immigrant Justice (IMIJ) in Portland, Ore., has been advocating for immigrant rights the past 12 years. “We are made up of about 140 faith communities around the whole state of Oregon from many different faith traditions,” he says.

Volunteers with IMIJ protested at Sheridan and the ICE headquarters. Christians moved their worship service outside the detention center in protest of Jeff Sessions’ use of the Bible to defend the lockdown on immigration. Churches in Yamhill County provided clothing, and the Beaverton temple raised money to buy more. Respite centers were set up at the Salem and Beaverton temples.

Jai Singh lists the following APANO accomplishments, which the community helped come to fruition:

• Developed a “Post Detention Respite Network Toolkit” that has been helpful for the legal response for the release of over half the asylees.
• So far transferred $100 each to 82 asylees and $50 to three asylees, totaling slightly over $9,100.
• Purchased airfare for one of the asylees to connect with his new sponsor in Los Angeles, Calif.
• Distributed over 20 boxes of tangible resources, donated by volunteers that APANO has mobilized, to the Sheridan Post Detention Respite Network for asylees, including over $1,000 worth in gift cards and calling cards.
• Attended over four vigils and direct action events in solidarity with other grassroots organizations to bring attention to the unjust detention of Sheridan asylees.
• Mobilized over 200 individuals to contact their public officials to put pressure on releasing asylees.
• Helped raise and collect over $15,000 from donors to assist with the post-detention work as well as commissary funds.

At this time, all but three of the detainees have been released.

The town of Sheridan, Ore., is a small pocket in Yamhill County with 6,127 residents (as of the 2010 census). Only 2.4 percent of them are Asian descent. Though the Trump administration’s immigration crackdown has filled federal immigrant detention centers to capacity, it is not known why the detainees were sent so far north after being apprehended at the border. It’s also unknown why Sheridan itself was chosen for their literal incarceration.

If the goal was alienation from a city center, the plan failed. The strong Sikh community in Yamhill County and the surrounding counties sprang into action to support the organizational efforts. Community action is often critical for swift civic change.

“Many South Asian or AAPI community-based organizations lack the capacity to coordinate broader legal services, representation, and referral efforts that are bolstered by local community action capacity,” says Raghunathan. “We’ve found this matrix of community power is crucial to effectively respond to detentions on the ground.”

ICE may have been unaware of the strong East Indian/Sikh presence, or at least undeterred by it.

Whatever the reason, the effects of detention are the same and can create a cycle of silence for immigrants. Their voices go unheard, so firsthand accounts of injustice and dehumanization are not shared. Multiple attempts to speak to Sheridan detainees for this story were unsuccessful. Folks are reluctant or now dispersed.

Socially, stories about who resides where and what histories matter are fraught with conscious and unconscious biases. In Ogden’s article, she discusses the politics of collective memory: “Historian Michel-Rolph Trouillot stresses a critical feature of this process we call history. … His approach is to examine our narratives as an insight into our beliefs and relations of power. Applying that perspective here, what is the narrative that has supplanted the Punjabis and Ghadar from our collective memory? What are the stakes of this narrative omission in the present?”

In part, the stakes are the intolerance that comes from misinformation.

“The biggest roadblocks for us have been fear on a large level, and fear on a small level in our local communities, where people don’t understand, or believe myths about immigration and migration,” Warner says. “The level of othering and denigrating of other human beings feels like it’s at an all-time high right now.”

Warner believes that faiths working together is in line with various religions’ belief systems: “A lot of our sacred stories at the end of the day both reveal something about the divine, but also about what it means to be human. In a time where fear has dictated so many of our policies, we are trying to raise up or lift up humanity over fear.”

Is it working?

“Many people ask me why and how I got involved in this project,” Kaur says. “And I have no answer to that. It’s just an automatic response for me, because we’re not supposed to sit in judgment. If somebody needs help, you give them help. That’s what my faith tells me to do.”

Broader Asian American organizations also are working to change policies for asylum seekers. “The South Asian community has elevated this issue before congressional members,” says Huynh. “A couple months ago, the National Immigration Project, with the National Lawyers Guild, presented their findings.”

While outreach in Sheridan has been successful, one can only hope about the future. “It’s hard to be living in a time when despite our best efforts and our incredible organizing and so many wonderful hearts and minds working on things like this, there may be a new policy that comes down next month that undoes all of it,” Warner states.

In fact, the Trump administration wants to limit asylum seekers with a new rule, and there was a measure on the Oregon ballot to repeal Oregon’s state sanctuary law, which did not pass in the recent elections. The organization behind the measure, Oregonians for Immigration Reform, is considered a hate group by the Southern Poverty Law Center. Despite its public reputation, Oregon has a long history of racial exclusion, including a strong white supremacist presence.

While equality measures are always in flux, Warner has a tactic to remain hopeful.

“For us in the faith community, one of the big learnings from this summer is the means have to be the ends,” he says. “It can’t just be about the outcomes, but the very ways we organize together and the relationships that we build all have to have a long-haul dimension to them. And that’s where we’re finding healing and hope springing forth amidst the heartbreak.”

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Shannon Luders-Manuel is a writer and critical race scholar. Learn about her work here. 

 

Editor’s note: This article is co-published by Capital & Main and Law at the Margins. It is part of “We the Immigrants,” a Community Based News Room (CBNR) series that examines how immigrant communities across the United States are responding to immigration policies.  The five-part series is supported by a Solutions Journalism Network Renewing Democracy grant.

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The truth became clear to Sadat Ibrahim early. At the age of 18, he knew his life would be difficult as a queer person in Ghana.

“It’s against the law, and it’s terrible back home when we are labeled LGBT,” Ibrahim says. “Most LGBT people live a secret life.”

He was attacked by a vigilante group in August 2015 and fled the country soon after, fearing for his life. He traveled through a few Latin American countries until he was detained in his attempt to cross the United States-Mexico border.

After spending two years and seven months in the prison-like conditions of detention centers, he was released July 25. His asylum case is currently under review. If it wasn’t for a fellow detainee who overheard his story and handed him phone numbers for immigrant rights groups, he could still be detained—or could be back in Ghana.

Now that he’s out, he communicates with his legal team daily. A pastor purchased a cell phone for him, and without it, he would feel just as out of touch as he felt in detention.

“I’d be lost in the world,” he concedes.

Undocumented black migrants are building an informal network to help each other navigate their uncertain immigration status in the U.S. While they are inclined to share immigration information by word of mouth, and are doing so at basic one-on-one and grassroots levels, they also are using technology to spread the word within the digital communities they trust. Whether they use WhatsApp to call family back home, Instagram to get news, or Facebook to live stream legal information sessions, black immigrants are using innovative methods to communicate—and to organize.

People are finding creative ways to respond to the unique challenges of being black and undocumented in the U.S., according to immigrant rights groups. Among those challenges is that black immigrants are underrepresented in the immigration narrative. Guerline Jozef, the president of the Haitian Bridge Alliance, which visits detention centers regularly to connect detainees with resources, is working to change this reality.

“The black immigrant community is really suffering because of lack of representation and legal assistance,” she tells me. “They are forgotten, they are abused and oppressed even within the system.”

The word “invisible” is used to describe black immigrant communities. They tend to be overlooked because their groups are small and segmented compared to larger migrant groups. Nekessa Opoti of UndocuBlack, an organization focused on assisting undocumented black people in the U.S., wants these minority voices to be heard and their perspectives to be shared.

“We are so few that we haven’t built the mass movements that nonblack immigrants have,” says Opoti, a Kenyan immigrant. “Systems don’t work for us, so we rely on each other.

Another challenge faced by black immigrants is that they are disproportionately criminalized, say immigrant rights groups. Living in a country known for historic racial discrimination, especially during a presidential administration that is explicitly implementing a white supremacist agenda, black immigrants are vulnerable to deportation for many of the same reasons that black Americans are susceptible to incarceration. They have landed in a country where black individuals comprise 12 percent of the U.S. population, yet they make up 33 percent of the prison population, reports the Pew Research Center.

This overrepresentation spills over into the immigration deportation system. While only 5.4 percent of the undocumented population is black, blacks make up 20.3 percent of all the immigrants facing deportation on criminal grounds, reports the Black Alliance for Just Immigration. The minute an immigrant is stopped by the police for an offense as minor as a broken taillight, immigrants are subject to several federal criminal enforcement programs designed to funnel individuals into deportation proceedings—if local law enforcement officers decide to take on the duties of federal immigration enforcement .

Tunde Ogunade, a Nigerian immigrant who lives in Los Angeles, has not been funneled into the deportation system, but he has been at the gunpoint of racial profiling.

“I’ve gone through more racial stuff than immigration stuff,” he admits.

He recalls an incident when three police cars pulled up on him as he walked down the street.

“I was just nervous, and the lady pulls out her gun at me. She said, ‘He has a gun in his back pocket!’ ” Ogunade remembers.

Upon search, the officers found the alleged gun was only his cell phone.

“It made me feel like I’m a target,” he says. “Nigeria isn’t safe, but we don’t have death threats like that.”

Amid the challenges he has experienced in this country, a positive Ogunade praises technology for the opportunities it presents.

“For the past seven years, my mom has called me everyday,” he states fondly.

They call and text via WhatsApp, a mobile app preferred by migrants around the world because it is accessible and secure. Ogunade’s wife, who is currently expecting their first child, now uses WhatsApp regularly to share details about the baby with her mother-in-law.

Services like WhatsApp also give people the opportunity to communicate with U.S.-based activists who can help them find missing migrants. Jozef recalls the first phone call she ever received.

“I received the call in November of 2016 from a mother in Boston asking me to find her daughter, who supposedly crossed the border, and she never heard from her again,” Jozef said.

She decided to visit the daughter when she found her at a detention center in Southern California, and she was surprised to find another 25 Haitian migrants there. She began visiting the others, sending books, depositing money into their accounts so they could make phone calls, finding them legal assistance and connecting them to resources when they were released. The word began to spread, and she started receiving calls from families in the U.S. and Haiti, plus calls from detainees across the country. The most rewarding part for her has been offering a human connection to migrants who felt forgotten.

“A young man had been there seven months, and I was the first visitor he had,” Jozef says. After she told him, “I came, I saw your name, and I wanted to let you know we are thinking about you and you are not alone,” he started crying in disbelief.

Ibrahim developed stress-induced glaucoma and insomnia during his detention period, but the isolation can be the most debilitating part.

“I’ve seen people lose their minds,” he says. “And they don’t pay attention to you.”

He split his two years and seven months between detention centers in Texas and Georgia, sometimes without access to a shower or being able to brush his teeth.

“They treat us like animals,” he says. “You are controlled by authorities, and when you try to say something, they send you to the ‘hole.’”

He requested refugee status and was denied, and just before being deported, a fellow detainee shared phone numbers to different immigrant rights groups that ended up helping him. The network of resources available by word of mouth, such as the services offered by activists like Jozef, have saved black immigrants like Ibrahim from facing poverty, enslavement, or even death upon return to their home countries.

But word of mouth only goes so far without access to the simplest technology, says Cathey Ambush, a volunteer with Immigrant Families Together. She has experienced helping recently released migrants at the bus stations or airports where they were dropped off by authorities.

“Texas detention centers will take moms from detention centers to the Greyhound bus station,” she says. “They’ll drop them off in groups in the morning, regardless of what time they’re leaving, just with the clothes on their back and maybe a box lunch.”

View this post on Instagram

#AfricansAbroad Africa might be a lot of things but the comfort of living in a mostly homogenous society where your Blackness is not being weaponized against you is a comfort that so many Black/African people living in the diaspora might never know. . . . “We had a big discussion whether to raise him in Africa or move to the states. We both grew up in Ghana. But I got my PhD in West Virginia, so moving to America was an option. The job opportunities would certainly be better there. Both of us are professors, and you’d probably laugh if you knew what we got paid here. Healthcare would be better too. You don’t hear of people dying in America because they can’t find an open hospital bed. But despite these things, we decided to raise our son here. Because he’d never have to think about the color of his skin. We never have to explain what it means to be black. Or the rules of being black. One day in West Virginia I got an Amber Alert on my phone. All it said was: ‘tall black male.’ I was the only one in sight so I nearly panicked. Then another day I was walking back to my dormitory. I’d just finished teaching a course. Someone drove by in a red truck, threw a hamburger at my head, and called me the ‘N Word.’ It was 3 o’clock in the afternoon. I don’t want to explain that stuff to my child. It’s exhausting to be conscious of your skin all the time. You either become militant or you become defeated. And I understand why it happens, but extremes of anything aren’t good.” (Accra, Ghana) via: @humansofny

A post shared by Amplify Africa™ (@amplifyafrica) on Oct 8, 2018 at 1:07pm PDT

From there, they have no way to communicate with the family members who are expecting them—sometimes across the country—if they are stranded due to flight or bus delays. Although many migrants use cell phones to help guide their journey on their way to to the U.S., many don’t have a phone when they are released from detention (it’s rare for Immigration and Customs Enforcement to return cell phones, Ambush says).

For immigrants who do have access to cell phones, basic communication becomes easier, though finding communities they trust can be trickier. Black migrants tend to seek out resources within their church or cultural communities, according to the Rev. Dieufort J. Fleurissaint, of the nonprofit Haitian-Americans United. He says community assemblies, independence day celebrations and events that make black migrants feel at home are important.

“Church is a welcoming environment spiritually,” Fleurissaint adds. “Their culture is there. Their language is there. Even though we stay mobilized, we pray for God’s intervention.”

It’s within these communities that trust is built and information is shared, says Opoti.

“Things that happen are underground,” she asserts. “People organize quietly.”

Carl K. Lipscombe, deputy director of Black Alliance for Just Immigration, says that because black-serving immigration organizations are “incredibly under-resourced,” technology is key in getting the word out.

Ogunade and his wife get a lot of their news about immigration and fellow Nigerians through the Instagram accounts of people and sources they trust, such as Amplify Africa and its partners.

“I went on social media, clicked and saw where I could go renew my visa,” he says. “This was very clutch for me because if I didn’t know that, I would have gone all the way to Maryland.”
UndocuBlack has found successes in mobilizing their allies through hashtags and graphics on Instagram. When Banny “Papa” Doumbia was detained and scheduled for deportation back to the Ivory Coast after living in the U.S. for 28 years, UndocuBlack helped his daughters spread the word about protests that ultimately helped keep him in the U.S. Several groups mobilized together using the social media hashtag #FreePapaDoumbia.

In other cases, UndocuBlack has made direct calls to action, mobilizing dozens of people to make phone calls to demand justice for individual immigration cases. One posted called on people to contact their representatives and demand they stop the deportations of black Mauritanians.

“We’ve heard from ICE asking, ‘Why did you give our phone number out?’” Opoti said.

Other campaigns are broader and focused on educating immigrants amid a flurry of misinformation. Black immigrants can fall prey to fraudulent schemes when they are misinformed, says Fleurissaint.

Haitian-Americans United uses Facebook often to manage “know your rights” and legal information sessions. For one campaign, they partnered up with Canadian radio to educate their audience around the Temporary Protected Status backlash that caused some black migrants to flee to Canada.

As black immigrants navigate racism, along with the many challenges of arriving in a new country lacking basic rights, they are finding many solutions to communicate and organize among their small communities. Having a basic mobile phone and perhaps a Wi-Fi connection helps them access and contribute to an underground network of information and resources.

But technology provides more than just communication tools.

“Access to technology really helps connect migrants to communities when they arrive,” Lipscombe said. “That could be the make-or-break factor. It’s the difference of them having somewhere to live or not.”

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Carla Pineda is a digital producer at KCETLink in Southern California.

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The administration has asserted, in effect, that it can override by presidential fiat a law written and passed by Congress.

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Late Monday night, a federal judge in San Francisco issued a temporary restraining order against the Trump administration’s new policy of refusing asylum consideration for refugees who cross the border between ports of entry. The court had heard arguments that morning in a case brought by nonprofit groups serving asylum seekers.

On November 9, President Trump issued a proclamation declaring that for a period of at least 90 days, refugees who cross the U.S.’s Southern border anywhere other than at an official port of entry will be ineligible for asylum. The same day, the Departments of Justice and Homeland Security issued amendments to their own rules governing asylum, to the same effect.

The pronouncements were the administration’s latest move in a longstanding effort to dismantle the United States’ asylum system.

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“If this rule is valid,” the judge asked the government’s attorney, “what is left of congressional intent?”

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The pretext for the rules change is the approaching Central American migrant caravan, which the president had called an “invasion” and a national emergency in the days leading to the recent midterm elections. In his proclamation, issued just a few days after the elections, the president again stoked fears of the caravan, and argued that compelling refugees to present themselves only at ports of entry will allow for “orderly processing.”

In reality, however, there is less and less “processing” happening at official ports of entry. For the past several months, in violation of both U.S. and international law, Customs and Border Protection has routinely turned asylum seekers away, telling them to come back later or, at some crossings, to contact Mexican immigration officials to make an appointment.

But waiting indefinitely on the southern side of the border is not an option for many refugees from the “Northern Triangle” countries of El Salvador, Guatemala and Honduras, who are fleeing transnational gangs that are also present in Mexico. They also fear Mexican drug cartels that conscript migrants to act as drug-smuggling “mules.” Gay and trans refugees, in particular, face imminent danger in Mexico, where homophobic and transphobic violence is common.

Lee Gelernt, staff attorney for the American Civil Liberties Union who argued the plaintiffs’ case, told the court that in the past 48 hours he had learned that Mexican authorities have been preventing unaccompanied minors from applying for asylum at U.S. ports of entry.

These situations leave refugees who have been turned back by U.S. immigration authorities with little choice but to cross between ports of entry. For them, the administration’s new rules effectively blocked any chance of seeking asylum at all, which, Gelernt believes, is the point. “The government doesn’t want to give asylum to people from the Northern Triangle region,” he told reporters after the hearing.

The Trump administration insists that asylum is a “discretionary benefit,” which administration officials can expand or constrain at will. The plaintiffs — a coalition of civil- and immigrant-rights organizations — argued that, to the contrary, the rules are fixed in plain English in statutory laws that can only be undone by Congress. Under the Immigration and Naturalization Act, refugees may seek asylum “whether or not” they entered the United States “at a designated port of arrival.” The government’s proposed rule change plainly and specifically contradicts this language.

At its heart, the case is a debate over the most basic conception of the separation of powers. The administration has asserted, in effect, that it can override by presidential fiat a law written and passed by Congress. “If the courts allow the president to take this step here,” the plaintiffs argued, “he could not only override statutory asylum law, but disregard the entirety of our congressional immigration scheme.”

Judge Jon Tigar, who presided over the hearing, agreed with the plaintiffs. He analogized the government’s argument to issuing a rule declaring that “you are allowed to come to the federal courthouse in any vehicle,” but then stipulating a second rule saying, “if you come here on a bicycle, you’re not getting in.”

“If this rule is valid,” he asked the government’s attorney, “what is left of congressional intent?”

Judge Tigar took less than a day to issue his ruling granting the temporary injunction. “(I)f what Defendants intend to say is that the President by proclamation can override Congress’s clearly expressed legislative intent, simply because a statute conflicts with the President’s policy goals, the Court rejects that argument also,” he wrote in the decision. The government is all but certain to appeal.

After the hearing on Monday morning, Gelernt characterized his side’s case as involving “serious concerns about separation of powers against the backdrop of an enormous humanitarian crisis.”

“What the government really seems to be saying,” he continued, “is ‘we don’t like asylum.’”

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Copyright Capital & Main

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In June the Dept. of Homeland Security asked Congress to allow it to transfer $200 million to ICE to cover agency overspending, continuing a pattern of such requests.

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Big spending on immigration enforcement at the Department of Homeland Security promises to be a major sticking point as Congress prepares to negotiate a budget deal early next month.

Even though illegal immigration to the United States appears to be at its lowest point in 46 years, spending on immigration enforcement is at an all-time high. (The U.S. Border Patrol reported that in 2017, the last year for which statistics are available, apprehensions at the U.S.-Mexico border had dropped to 303,000, and had been declining nearly every year since 2000, when a record 1.6 million people were arrested.)

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 By overspending its congressional allocation, ICE is effectively writing its own budget.

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U.S. Immigration and Customs Enforcement’s detention operations exceeded the agency’s budget this year, while ICE spending on its vast system of immigration jails shows no sign of slowing.

But a newly elected Democratic majority in the House of Representatives could pose a challenge to the agency’s chronic overspending — and to its aggressive detention and deportation policies.

ICE jailed so many immigrants in 2018 that it ran out of space in its more than 200 lock-ups, and placed 1,600 people in medium-security prisons.

Congress set detention and deportation spending for 2018 at $4.4 billion, enough to detain some 40,520 people annually.

However, by June, 44,000 men and women languished in immigration detention, filling 4,000 more beds than Congress authorized. DHS asked Congress to allow it to transfer $200 million to ICE to cover agency overspending. The department plucked the funds from several of its agencies, including the Federal Emergency Management Agency, the Coast Guard and the Transportation Security Administration.

Critics of ICE say that by overspending its congressional allocation, the agency has engineered a stealth expansion of the U.S. detention system, effectively writing its own appropriation, and skirting the Constitution’s separation of powers in which Congress, not the executive branch, has the authority to set spending limits.

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Congressman: “We shouldn’t be using FEMA as a piggy bank to fund detention beds.”

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“It allows them to quickly expand the detention system contrary to congressional intent,” said Heidi Altman, director of policy at the National Immigrant Justice Center, a non-profit immigrant rights group.

Such intradepartmental funds transfers aren’t uncommon, but a congressional staffer who asked that his name not be used for this story said this one was controversial because nearly all of the money went to ICE for detention and deportation. ICE has received other big budget increases in the past two years. In March 2017, the agency got a $2.6 billion supplemental appropriation; three months later, ICE was back, requesting that Congress approve a $91 million funds transfer.

The $200 million June 2018 transfer, wrote DHS spokeswoman Katie Waldman in an email, was “in line with the FY 2019 president’s budget request for U.S. Immigration and Customs Enforcement.”

However, the additional funds covered FY 2018 overspending – not future shortfalls in 2019; Congress has yet to agree to a permanent fiscal year 2019 budget. Waldman didn’t answer an email asking to clarify her comments.

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Congressional Staffer: Whenever ICE outspends its budget and adds detention beds, it gains leverage for the next round of budget negotiations.

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The same congressional staffer who discussed the controversy surrounding the $200 million DHS funds transfer also noted that when ICE outspends its budget and adds detention beds, it gains leverage for the next round of budget negotiations because reducing beds would mean freeing detainees and, ICE argues, their release could jeopardize public safety.

Growth by funds transfer also generally avoids public scrutiny. Transfer documents submitted by government agencies are not released to the public. But earlier this year, Sen. Jeff Merkley (D-OR) released DHS’s June 2018 transfer and reprogramming request, noting that $10 million had been taken from FEMA just as Hurricane Florence was making landfall in North Carolina.

DHS shot back, claiming the funds were administrative and weren’t earmarked for hurricane relief. But according to Ur Jaddou, director of the advocacy group DHS Watch, and a former Chief Counsel at U.S. Citizenship and Immigration Services, the DHS agency that oversees immigration and citizenship applications, “The government these days doesn’t operate on a plethora of administrative resources. It’s really functioning on a very limited budget. When they say they’re using unused money, it’s just a ruse.”

Congress has shown its frustration with ICE’s disregard for its authority, but hasn’t acted to rein in agency spending.

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Congress has scolded ICE for its “lack of fiscal discipline and cavalier management.”

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In budget recommendations for fiscal year 2019, the Senate Appropriations Committee wrote, “In light of the Committee’s persistent and growing concerns about ICE’s lack of fiscal discipline, whether real or manufactured, and its inability to manage detention resources…the Committee strongly discourages transfers or reprogramming requests to cover ICE’s excesses.”

Two years before, the explanatory language in the supplemental appropriations bill was even harsher. Appropriators pointed to a “lack of fiscal discipline and cavalier management” of detention funding, saying the agency seemed to think its detention operations were “funded by an indefinite appropriation. This belief is incorrect.”

“We shouldn’t be using FEMA as a piggy bank to fund detention beds,” said Rep. Dutch Ruppersberger (D-MD). “Unelected agency heads shouldn’t unilaterally shift taxpayer dollars for purposes they weren’t intended.”

Still, despite congressional annoyance with ICE’s free-spending ways, it hasn’t conducted meaningful oversight of the immigration detention system, said Greg Chen, director of government relations for the American Immigration Lawyers Association.

“The current leadership in Congress hasn’t been interested in conducting hearings on detention spending and whether detention is even necessary at the scale it is now,” Chen said.

When President Trump issued an executive order calling for no-holds-barred arrests of undocumented immigrants in January 2017, the border patrol reported that apprehensions at the U.S.-Mexico border were lower than at any time since 1972 — when the detention population was a fraction of its current size.

ICE reported that in fiscal year 2017, 41 percent of crimes of which detainees had been convicted were traffic- or immigration-related.  Just 11.4 involved murder, sexual assault, kidnapping, robbery or assault.

Chen argued that ICE has a legal responsibility to screen each person in its custody for risk – either of flight or to public safety. “ICE is just not doing that and defaulting to the practice of detaining people.”

Democrats in Congress could take on a more robust role in overseeing ICE spending, now that they’ve gained a majority in the House. They could put conditions on spending, call for Government Accounting Office reports and hearings, cut funding, demand answers if ICE overspends and bring its actions to the attention of the press, said DHS Watch director Ur Jaddou, who is also a former congressional staffer.

“The next time they [ICE] need something,” Jaddou said, Congress can respond, ‘Do you really want it? You better listen.’”

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Copyright Capital & Main

Co-published by Newsweek

MEXICO CITY – The migrant caravan began streaming into the Mexican capital Monday night. It veered westward instead of proceeding up the coast through Vera Cruz state en route to Matamoros and Brownsville or McAllen, Texas because the coast has a reputation for violence and extortion. That is why many people were talking ominously about the 100 migrants already missing from the caravan. While the coast is the fastest route, it is the one made notorious in the 1980s and ’90s by La Bestia — “The Beast” — the train that immigrants have, en masse, continually ridden atop in their journey north to the U.S.

The coastal route is rife with bandits, cartel thugs and all manner of extortionists. Those perils are why the 5,000 to 6,000 refugees who make up the caravan headed here when the government of Mexico offered to put them up for three days in the national stadium. I arrived on day four, and there were still close to that number there, though several groups of 50 to 100 each had left that morning after the caravan’s assembly had decided it was time to begin to move north to Querétaro. They have a system in place to make group decisions. But they would set out only in fairly large groups for security, to prevent individuals and families from being preyed upon by those who find profit in exploiting the vulnerable.

The collective discipline of the caravan is impressive, especially since a good number of these refugees are just boys and young men, 16 to 20 years old, fleeing Honduras because of gangs, political corruption and lack of opportunity. I spoke to one, Hernán, who was vexed by what’s going on at the U.S. border, so different now than before when there was a sort of begrudging humanist acceptance of immigration from Central America. He knew, like everyone knew, that Americans were a bit racist, but, he said, “They need us because we are hard workers and willing to work.”

He was surprised when I told him I was an American. He told me he thought Americans had “washed their hands of us” and that none of them cared. I tried to explain Trump, Republicans, the fear and ignorance of some Americans, but it felt like trying to explain yourself while breaking up with a romantic partner. Finally, I just said we have an extremely corrupt government just like you do in Honduras, and what you and I share is the solidarity of our humanity. That got him to smile and shake my hand firmly and is maybe the best thing I did today. But his image of Americans washing “their hands of us” haunted me all afternoon.

 

I continued on into the large tents that the Mexican government has set up on the athletic fields of La Ciudad Deportiva, thinking it was time to see some kids. I first got into this work through a colleague involved in economic justice with immigrants back in Los Angeles, who later connected me to people doing similar work in Mexico City, where I live part of each year. Over the past four years, I’ve worked in the Mexico City barrio of Tlatelolco with a group of nuns called the Scalabrinianas, whose mission is to aid refugees. They have several locations in Mexico, and are incredibly effective in doing the laborious paperwork that leads to asylum for Central American refugees who have been victimized by gangs, police, civil war, economic hardship and climate change. (Historically anomalous droughts and flooding in Honduras and Guatemala have increased emigration.) At the Tlatelolco site, I had helped set up classrooms to keep the kids engaged while they awaited asylum. Happily, almost all the mothers with those children were successful in their efforts to gain asylum in Mexico.

Inside the stadium I stopped for a while to watch some speakers who were explaining to hundreds of refugees seated in the grandstands the state of the U.S. border and the substantial dangers inherent in their arrival there. News teams arrived surrounding their correspondents with cameras as they reported on the scene. Clowns entertained off to either side, and a lucha libre-style wrestling match commenced next to the speakers’ stage.

Soon enough, I found a place where a group of women sent by Mexico City’s municipal government had set up a mural station. Large pieces of butcher paper were taped to the sides of giant tents where hundreds had set up camp, and the kids were going at it with paint brushes and their fingers. I met a little kid named Carlitos who didn’t want to paint, so we found a ball and had a nice game of football. He couldn’t have been more than 3 and a half, but that boy could really boot that ball. And he fell to the ground after every kick, laughing gleefully and begging for me to help him up. A helicopter appeared, circling the stadium. Carlitos could not contain his joy as we chased after it together. He told me he was thirsty and we went to get some water from the nuns and drank it with Eddy. At first I thought Eddy was his brother, but after a while I began to realize he was likely his father, and not a day over 20.

The nuns brought all the water. In fact, the nuns brought all the food too, though I learned that the Mexico Central Market donated bananas and water in the first few days. I was soon enlisted in the assembly line for the afternoon comida. And I learned then that the Mexican government was not offering any food or services, nor were any local companies. The government’s reasoning was that the caravan was a sensitive issue diplomatically. (I never heard an excuse from the business community.) But Mexico had already allowed passage for the caravan, and now a stadium for them to rest and regroup in. It wasn’t willing to draw the wrath of the angry Orange God to the north by feeding the refugees as well. They were trying to walk some kind of fine line. At least they gave them this stadium and seemed willing to let that three days run for a week or more.

But 6,000 hungry people were still 6,000 hungry people. How on earth could anyone but a government handle such a number? I knew the Scalabrinianas from the Casa Mambré, where they housed 50 refugees. I’d been in those food lines and they were busy. But what I learned today about them was beyond impressive. They did the whole thing on donations and whatever they could find in their own paltry budget. We set up a line and we did it. We fed all 5,000 to 6,000. And it was completely ad libbed.

Tins of tuna dumped in bowls and mixed with canned vegetables. Cans of beans. Bread. Tortillas. And all of it cold, except for the occasional soup tureen, or vat of spaghetti, which would appear on the shoulders of Honduran youths who had volunteered to retrieve donations via the Mexico City subway, which the city had offered them the use of gratis. The Sisters of Charity, of Mother Teresa fame, arrived with hundreds of hard-boiled eggs. We worked, we laughed, we marveled, we just kept dishing it out on paper plates with plastic spoons.

The nuns kept asking me if I were a priest, while the boys, women and the few older folks stood in line patiently, thanking us, showing a dignity I’ve rarely witnessed in humans under duress ever before, and it’s not likely I ever will again. It was an amazing experience of the community of humanity, which independent of every government implicated in this mess (the U.S., Mexico, Guatemala, El Salvador, Honduras) was getting the business of providing for each other done in a very powerful grassroots way.

By 4 p.m., the line had begun to dwindle and I decided to take a break. Back to the kids to recharge my batteries. I couldn’t find Carlitos, but I found Isabel, who wanted to draw with pencils on paper, both of which I just so happened to have. I’d found them in a backpack when I was working in the donations tent, where teenagers popped their heads through the seams asking for shoes, shirts, pants, often with smiles so big and friendly, you just couldn’t ask them to please go around to the front.

Isabel didn’t know what to draw and I suggested a house, a tree, a family. She warmed to the idea and added a pool and rain to fill it. And flowers. Then she decided her house should be a castle and the tree should grow apples on all its branches. I told her it was such a nice picture and she looked at me beaming, one front tooth missing.

All of these people are dreamers. I felt a little guilty and irresponsible saying it as I left, but I told Isabel I’d see her in the U.S. and that I’d come visit her house and eat her apples. I couldn’t get her to let go when she hugged me goodbye. Now I need to go back home and find a way to make it happen. I’m not discouraged after what I witnessed here, though the challenge is daunting.

The truth is we have room for these people; we all know it – in our economy, in our schools, our parks, among the families they already have here, and most important, in our hearts. Trust me on that one. All Trump’s claims about criminals and terrorists? Sure, there are likely a few bad eggs in any group of 6,000, but I never witnessed a single scuffle or conflict. All I saw were conscientious people in need with a willingness to do whatever was necessary to be treated with the same dignity they treated me and each other with all day long.

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Millions of people could go hungry or forego medical treatment for fear they could jeopardize their chances or those of family members to legalize their status in the U.S.

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Co-published by American Prospect

Immigrants who use Medi-Cal, food stamps, housing assistance or Medicare prescription drug subsidies could be barred from obtaining green cards or visa extensions under a proposed rule the Department of Homeland Security published in the Federal Register October 10. Currently only those who use cash assistance or who require long-term institutional care at government expense are barred on public charge grounds.

Immigrant rights advocates, health care providers and local governments predict devastating results, especially in California and other states with large immigrant populations: Millions of people would go hungry or forego medical treatment for fear they could jeopardize their chances or those of family members to legalize their status in the United States. The newly uninsured would seek care at hospital emergency rooms, likely waiting until their conditions are painful and costly to treat. Surprisingly the Department of Homeland Security echoes these predictions, but still contends the rule change is necessary.

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“It’s just unconscionable that a family would have to choose between food, health care or a green card for their children.”

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“DHS seeks to better ensure that applicants for admission to the United States…do not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their family, sponsor, and private organizations,” the government notes in its proposal. “Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes.”

The California Primary Care Association, the trade group for the state’s community health clinics, predicts that between 20 and 60 percent of non-citizens could disenroll from public programs, including Medi-Cal, delivering a potential body blow to California’s health care safety net. The forecast is based on what happened during a similar scare 22 years ago, when Congress approved welfare and immigration reform laws that, for the first time, specified that those who received federal public benefits could be excluded from the country on public charge grounds. (The wide gap in the percentage forecast reflects varying rates of disenrollment from different programs and different immigration statuses of individuals, legal permanent residents, visa holders and refugees.) The Clinton administration initiatives didn’t define federal public benefits, but later instructed immigration officials to bar only those who used cash welfare benefits or those who required government-paid institutionalization for long-term care.

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One policy analyst says the rule change is an “end run around Congress” that would favor immigration of wealthier individuals and those with advanced degrees or job skills.

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“It’s just unconscionable that a family would have to choose between food, health care or a green card for their children,” says Louise McCarthy, CEO of the Community Clinic Association of Los Angeles County.

The rule would instruct immigration officers to give positive weight to green card applicants with incomes of more than $62,000 for a family of four.

National Immigration Law Center policy analyst Jackie Vimo says the rule change is an “end run around Congress” that would favor immigration of wealthier individuals and those with advanced degrees or job skills.

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Immigration officers would have broad discretion to exclude children, the elderly and non-English speakers in determining who would become a public charge.

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“President Trump tried to change our immigration system, which has been a family-based system. This is trying to pass the RAISE Act through the back door,” Vimo said, referring to the 2017 Reforming American Immigration for Strong Employment Act, which would cut legal immigration in half and limit legal immigrants’ abilities to petition for legal status for family members.

The administration’s proposal would exclude those who have received 15 percent or more of the federal poverty level in food stamps or cash assistance, or $1,821 for a single person annually, as well as those who have been on Medicaid or who have received housing assistance for 12 consecutive months in a three-year period from becoming legal permanent residents. It wouldn’t penalize individuals who received benefits before the rule took effect.

Under the rule change, immigration officers would also have broad discretion to exclude children, the elderly and people who don’t speak English in determining the likelihood that an individual would become a public charge.

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DHS predicts dire health consequences if its own proposal takes effect.

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DHS hasn’t specifically proposed to exclude immigrants whose children are insured under the Children’s Health Insurance Program, which offers low-cost care to children whose parents earn too much to qualify for Medi-Cal, but it has asked for the public to comment on whether it should do so.

DHS estimates that the new public charge rule would cause some 5.5 million people nationwide to either disenroll from Medicaid (as the program is known outside of California) or fail to sign up for fear of immigration consequences. (The DHS estimate is based on a percentage of the foreign-born population who sought to legalize their status between 2012 and 2017.) The government would save some $1.5 billion, but DHS also predicts dire health consequences if its proposal takes effect, writing that it would lead to:

•“Worse health outcomes, including increased prevalence of obesity and malnutrition, especially for pregnant or breastfeeding women, infants, or children, and reduced prescription adherence;

• Increased use of emergency rooms and emergent care as a method of primary health care due to delayed treatment;

• Increased prevalence of communicable diseases, including among members of the U.S. citizen population who are not vaccinated;

• Increases in uncompensated care in which a treatment or service is not paid for by an insurer or patient;

• Increased rates of poverty and housing instability; and

• Reduced productivity and educational attainment.”

The DHS press office did not respond to an email query or to phone calls asking how it weighed these negative consequences against the potential benefits of the rule change.

The new rule is so stringent that if American citizens were subject to it, one in three would be excluded, Vimo said. It’s also so complicated that among its costs to society, DHS listed an opportunity cost of eight to 10 hours for immigration lawyers representing immigrant clients and others who would seek to understand it.

Thus, it’s likely that few people have read the fine print, either of the final proposal or of two earlier versions that were leaked to the public last spring.

But fear of applying for benefits is already palpable among immigrant patients at Eisner Health, a network of community health centers that serve low-income patients in Southern California, say staff members. Katie Tell, Eisner’s Vice President for Development and Communications, noted that patients sometimes make untenable choices for fear of immigration consequences.

“Do they enroll or play it safe and not get the care they need? If we have less people in Medi-Cal, it could destabilize community clinics,” she said.

But Eisner Health staff report that patients are increasingly fearful of applying for benefits. They say that several women who received Medi-Cal to pay for prenatal care and delivery have recently called insisting on reimbursing the clinic out of pocket for their services. Other patients have refused to sign up for Medi-Cal for their children, who are eligible for the program.

Today, health care providers predict similar outcomes, which they say would reverse some of the progress California has made in tightening its health care safety net. The Affordable Care Act included a major Medi-Cal expansion that added nearly four million people to its rolls and cut the uninsured rate in half, from 17 percent to 8.5 percent between 2013 and 2015. Many previously uninsured Californians who, in the past, had used costly emergency services, were able to access more cost-effective primary and preventive care. Clinics like Eisner expanded and increased their services, but Carmela Castellano Garcia, CEO of the California Primary Care Association, says disenrollment from Medi-Cal could mean some clinics would have to cut back on programs.

The Department of Homeland Security is legally required to consider public comments for 60 days in drafting its final rule, however the FCC ignored that requirement last year in scrapping net neutrality rules — claiming that it only considered comments that introduced new facts or made legal arguments. Meanwhile, the Department of Justice has announced its intention to change the way immigration judges apply the public charge rule, in order to align with the DHS proposal.

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