Immigration Detention

04/03/2013

Needed in Immigration Overhaul: Counsel and Alternatives to Incarceration

By Kimberly Humphrey, Washington Legislative Office at 12:13pm

Imagine that you are a lawful resident married to a U.S. citizen serviceman who is deployed overseas, and you are looking for a job to help support your family. You find one, but unbeknownst to you, your employer, aiming to expedite the hiring process, checks the "citizen" box on the application, a box that you correctly left blank. After audit, you are accused of making a false statement of citizenship status, which could provide grounds for mandatory deportation. Imagine that the allegation is never substantiated and you are never given the opportunity to explain the circumstances, but you are banished from the U.S. and from your family. Well – you don't have to imagine all this since it's a true account shared by Margaret D. Stock, Lt. Col. (Ret.) and counsel at Lane Powell, at a congressional briefing organized last month by the ACLU. Her client was forced to return to her country of origin and separated from her husband while he put his life on the line for the freedoms we enjoy.

04/16/2013

Immigration and Customs Enforcement

On Eve of Immigration Reform Rollout, Immigration Detainees Win Right to Fair Hearing

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 4:51pm

Today the U.S. Court of Appeals for the Ninth Circuit issued a landmark ruling that curtails one of the most wasteful and draconian features of our immigration lock-up system: the government's practice of putting immigration detainees behind bars for months or even years, without ever holding a bond hearing to determine if they should be locked up in the first place. In Rodriguez v. Robbins, a class-action lawsuit brought by the ACLU, the Court upheld an order requiring bond hearings for detainees locked up six months or longer while they fight their deportation cases. The ruling stands to benefit thousands of immigration detainees across the Ninth Circuit, where an estimated 25% of immigrant detainees are held every year.

12/06/2012

Immigration Detention

California Attorney General: Immigration Detainers are Voluntary

By Jennie Pasquarella, ACLU of Southern California & Julia Harumi Mass, ACLU of Northern California at 2:14pm

For the first time, California Attorney General Kamala Harris publicly weighed in on the hotly-contested federal immigration program, Secure Communities (S-Comm).

06/18/2012

Private Prisons

A Tale of Two Communities . . . and Zero Private Prisons

By David Shapiro, ACLU National Prison Project at 11:21am

Corrections Corporation of America (CCA), the world’s largest for-profit prison company, planned to contract with Immigration and Customs Enforcement (ICE) to build a new private detention center. Resistance by the local community gained momentum. Then the plan unraveled.

These sentences describe two entirely different stories—stories that unfolded last week in communities 1300 miles apart.

03/15/2013

Immigration Detention

VICTORY: Grandmother in Immigration Detention Finally Receives Fair Hearing

By Jenny Zhao, Liman Public Interest Fellow, ACLU of Northern California at 4:01pm

This week a federal judge ordered a bond hearing for a woman who has been detained without due process by U.S. Immigration and Customs Enforcement (ICE) for nearly a year and a half. Bertha Mejia, a grandmother with deep family ties in California and with no violent criminal history, was classified by ICE as a “mandatory detainee” because of misdemeanor convictions for stealing groceries. That classification made her ineligible for a hearing before an immigration judge where she could present evidence that she posed no danger to the community or risk of flight—even as her immigration case dragged on for months with no end in sight.

11/29/2012

Immigration Detention

President Obama: Close the 10 Worst Immigration Detention Facilities

By Tyler Ray, ACLU Washington Legislative Office at 11:07am

The post-election immigration policy focus has rightly been on the pressing need to establish a path for aspiring Americans to become full members of their communities.

However, one of the most dire aspects of the immigration system is the ongoing crisis in mass immigration detention. Detained immigrants face widespread abuse and denial of basic rights, at enormous taxpayers’ expense. The number of detainees is unnecessarily high and must be drastically reduced.

As part of Detention Watch Network’s Expose and Close campaign calling for the immediate closure of the10 worst Immigration and Customs Enforcement (ICE) facilities, the ACLU and its allies have sent a letter to President Obama urging him to take these vital first steps toward reforming a detention system where immigrants suffer in deplorable conditions.

05/17/2012

Prison Rape Elimination Act

The Shameful Index of Prison Rape - Action on PREA Can End the Violence

By Amy Fettig, ACLU National Prison Project & Jennifer Wedekind, National Prison Project at 4:29pm

Today the Department of Justice released the long-awaited Prison Rape Elimination Act (PREA) regulations, representing the first time that the federal government has issued national standards to help end sexual abuse in correctional facilities. The regulations are two years late and a lot of harm has been done in their absence, but now that they’ve finally been released they can help us protect important constitutional and human rights and ensure safe and fair correctional facilities that assist prisoners in rehabilitation rather than needlessly brutalizing them. The ACLU supports the Department’s efforts to protect and prevent sexual abuse in places of detention, although we regret that immigration facilities are not yet included in these standards.

03/08/2013

Immigration Detention

Immigration Detainees Deserve Fair Hearings

By Michael Kaufman, Staff Attorney, ACLU of Southern California at 11:45am

Apparently as a result of sequester-induced budget cuts, Immigration and Customs Enforcement recently released hundreds of immigration detainees that it found were not risks either to flee or endanger public safety. The fact that these detainees were locked up in the first place confirms a startling truth about our immigration detention system: the government routinely detains people for no good reason. Even Department of Homeland Security Secretary Janet Napolitano promised to examine why these detainees were in jail, saying: "That's a good question. I've asked the same question myself...so we're looking into it."

01/21/2013

Immigration Detention

Mr. President, What Will Be Your Civil Rights Legacy?

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 10:09am

Watching President Obama take the Oath of Office four years ago was a historic moment I will never forget. I remember meeting him when he was an Illinois state senator...

11/20/2012

Immigration Detention

The Reality of Life Inside Immigration Detention

By Azadeh N. Shahshahani, ACLU Foundation of Georgia at 5:18pm

In the last 15 years, we've witnessed a dramatic expansion in the jailing of immigrants, from about 70,000 people detained annually to about 400,000. In the mid-1990’s, during the height of an anti-immigrant backlash, Congress passed a series of harsh measures that led to a vast increase in unnecessary detention. This trend has been exacerbated by the private prison industry and county jails looking to exploit immigrant detention for profit.

American Civil Liberties Union