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<h1><b>New report blasts U.S. on immigrant
detainees</b></h1><font size=3>
<a href="mailto:thendricks@sfchronicle.com">Tyche Hendricks, Chronicle
Staff Writer</a><br><br>
Wednesday, March 25, 2009<br><br>
More than 400,000 people a year are detained by immigration officials in
the United States - including undocumented immigrants, legal immigrants
who run afoul of the law and asylum seekers who come fleeing persecution
- but according to a report released today by Amnesty International,
conditions are often deplorable and detainees are routinely denied due
process. <br><br>
It's the second major human rights report in a week to indict the
nation's immigration detention system. The system is attracting increased
attention in part because the number of people in detention has grown
exponentially in recent years and in part because of dozens of in-custody
deaths and a lawsuit over the treatment of children. <br><br>
Homeland Security Secretary Janet Napolitano last month ordered her
department to examine all aspects of Immigration and Customs Enforcement
operations and hired a special assistant, Dora Schriro, to oversee
detention and removal conditions. <br><br>
A spokeswoman for ICE, as the immigration enforcement agency is known,
acknowledged Tuesday that concerns have been raised about the treatment
of immigration detainees. <br><br>
"We have already made appreciable gains in improving the detention
system by adopting detention standards and monitoring the compliance with
those standards," said Cori Bassett. "All that said, the care
and treatment that some detainees receive does not yet meet our shared
expectation of excellence, and we can all agree this is a reason for
concern."<br><br>
The cases of two Bay Area men illustrate two of the problems highlighted
by the Amnesty report: Detainees often are denied due process, and the
burden is on the detainees to prove they don't belong in
custody.<br><br>
Afghanistan-born Lemar Nasir of Fremont and Thailand-born Yuttasak Simma
of San Francisco were taken into ICE custody in 2007, though both are
naturalized U.S. citizens. <br><br>
Though the men told immigration officials of their citizenship, neither
had papers to prove it, and both languished in immigration custody in
Santa Clara County jail - Nasir for 11 months, Simma for seven - before a
lawyer finally secured their release. <br><br>
Sin Yen Ling, an attorney with San Francisco's Asian Law Caucus who
represented the men, called the cases a violation of the men's
constitutional right to due process. <br><br>
"Absent congressional authorization, you cannot use immigration laws
to lock up a citizen," she said. "And this is not unusual: I
have on my docket right now five to seven of these cases. People have
legitimate claims to citizenship, and they inform ICE, yet there's no
formal procedure to figure out what to do with these
folks."<br><br>
The Amnesty International report, "Jailed Without Justice:
Immigration Detention in the USA," noted a variety of concerns over
due process and the conditions of detention: <br><br>
-- People in immigration custody don't have the same guarantees as
criminal detainees to challenge their detention before a court, make a
phone call or obtain legal representation.<br><br>
-- Detainees can be transferred from one facility to another, sometimes
in another state, with no notice given to their families or
attorneys.<br><br>
-- Two-thirds of people in federal immigration custody are housed in
state or county detention facilities, usually alongside criminal
detainees, even though violations of immigration law are considered
administrative, not criminal, and asylum seekers have committed no
violation. <br><br>
-- Immigrants are subject to excessive use of restraints such as
handcuffs, waist chains and leg restraints.<br><br>
"In the criminal justice system, anyone arrested is assumed
innocent, but in the immigration system, they're put in detention, and
then it's the individual's burden to prove they shouldn't be
detained," said Sarnata Reynolds, an author of the report.
"That's why you'll see long periods of detention, because it's an
incredibly high burden."<br><br>
Both the Amnesty report and a study released last week by Human Rights
Watch faulted ICE for failing to provide adequate medical and mental
health treatment to detainees. Human Rights Watch, which focused on
women's access to health care, emphasized problems with perinatal care
and care for survivors of sexual violence. <br><br>
Since 2003, 90 people have died in immigration custody, according to
Schriro of Homeland Security. Immigration authorities last year pointed
out that the death rate in immigration detention is a small fraction of
that in other U.S. jails and prisons.<br><br>
But earlier this month, Schriro testified before Congress that detainees
did not always receive timely and appropriate medical care. She vowed
improvements.<br><br>
A 2007 lawsuit over the treatment of children in immigration custody led
to improvements in the conditions at a private Texas prison where
families are held.<br><br>
The Amnesty report called on the Obama administration to consider
alternatives to detention for immigrants who are neither a flight risk
nor a danger to others. That's a proposal endorsed by San Jose Democratic
Rep. Zoe Lofgren, who chairs the House Judiciary Committee's immigration
subcommittee.<br><br>
"Oftentimes there are alternatives, like these ankle bracelets and
bonds and other ways to make sure the person doesn't disappear into the
woodwork," said Lofgren, who is particularly incensed that asylum
seekers are locked up until they can make the case they'd face
persecution in their home countries.<br><br>
"You've got people now waiting six months for a 20-minute (asylum)
interview," she said. "Well, at $90 a day, the meter's running
here. How can it possibly be cost-effective to postpone a 20-minute
interview? It's stupid."<br><br>
</font><h3><b>Online resources </b></h3><font size=3>-- To see the
Amnesty International report, "Jailed Without Justice: Immigration
Detention in the USA," go to
<a href="http://www.amnestyusa.org">www.amnestyusa.org</a>.<br><br>
-- To see the Human Rights Watch report, "Detained and Dismissed:
Women's Struggles to Obtain Health Care in United States Immigration
Detention," go to
<a href="http://www.hrw.org">www.hrw.org</a>.<br><br>
-- For more information about U.S. Immigration and Customs Enforcement,
go to <a href="http://www.ice.gov">www.ice.gov</a><br><br>
</font><h3><b>Immigration detention by the numbers
</b></h3><font size=3><b>1.1 million </b>People currently in deportation
proceedings.<br><br>
<b>400,000 </b>People detained by Immigration and Customs Enforcement
every year.<br><br>
<b>31,000 </b>People in immigration custody on average.<br><br>
<b>10,000 </b>People in immigration custody on average 10 years
ago.<br><br>
<b>$90 </b>Cost per day to hold a person in immigration
detention.<br><br>
<b>90 </b>Number of people who died in immigration custody since
2003.<br><br>
Source: Department of Homeland Security, Department of Justice, office of
Rep. Zoe Lofgren <br><br>
E-mail Tyche Hendricks at
<a href="mailto:thendricks@sfchronicle.com">thendricks@sfchronicle.com</a>
.<br><br>
<a href="http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/25/MNAM16MA7P.DTL" eudora="autourl">
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/25/MNAM16MA7P.DTL<br>
<br>
</a>This article appeared on page <b>A - 1</b> of the San Francisco
Chronicle<br><br>
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