After Parole, ICE Deported This Refugee Back to a Country He Never Knew
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California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE
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'Until We Drop': Immigrant Detainees on Hunger Strike Sue ICE, Detention Contractor for Alleged Retaliation
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She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. 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Nik’s reporting interests include policing, public health, environment, immigration, housing and the points where these issues intersect.","avatar":"https://secure.gravatar.com/avatar/e391b3a18ce4a53a7ca3f3065c74418b?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":"https://www.instagram.com/nikaltenberg/","linkedin":null,"sites":[{"site":"news","roles":["author"]}],"headData":{"title":"Nik Altenberg | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/e391b3a18ce4a53a7ca3f3065c74418b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e391b3a18ce4a53a7ca3f3065c74418b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/naltenberg"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11983313":{"type":"posts","id":"news_11983313","meta":{"index":"posts_1591205157","site":"news","id":"11983313","score":null,"sort":[1713524452000]},"guestAuthors":[],"slug":"after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","title":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew","publishDate":1713524452,"format":"standard","headTitle":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew | KQED","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>When Phoeun You landed in Phnom Penh in March 2022, he was surprised by how tall the buildings were. “I thought about Cambodia like, man, I’m gonna see cows on the road. Dirt roads and stuff like that.”\u003c/p>\n\u003cp>He was born there, but by the time he returned at almost 50 years old, he was effectively a foreigner.\u003c/p>\n\u003cp>You was an infant when his family fled the \u003ca href=\"https://www.nytimes.com/2018/11/15/world/asia/khmer-rouge-cambodia-genocide.html\">Cambodian genocide\u003c/a> in 1976. Fifteen of them — siblings, parents, grandma, nieces and nephews — ended up in a refugee camp in Thailand. It was a harrowing but familiar path for the estimated 1 million Cambodians who escaped Pol Pot’s bloody dictatorship.\u003c/p>\n\u003cp>You spent the first five years of his life in the refugee camp in Thailand. It wasn’t until later in life that he realized how traumatic those early years were. Small things, like powdered milk, now transport him back there.\u003c/p>\n\u003cp>“That smell, that feel of chalk … it took me right back to the refugee camp,” he recently remembered.\u003c/p>\n\u003cp>In the aftermath of the Vietnam War, the State Department contracted with religious agencies to help resettle the hundreds of thousands of refugees arriving in the U.S. from Southeast Asia. After receiving his green card, Phoeun landed with a Mormon family in northern Utah.\u003c/p>\n\u003cp>His first memories in the U.S. were of eating tuna fish sandwiches and macaroni and cheese. Everything, including the enormous Wasatch Mountains, felt surreal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I remember the first time it snowed,” he said. “It scared the hell out of me. I was like, ‘Man, this is cold. Are we gonna freeze out here?’”\u003c/p>\n\u003cp>After life stabilized in Utah, You’s parents moved the family to Long Beach, California. Thanks to a student exchange program at Cal State Long Beach, the city’s Cambodian population had grown since the 1950s. By the time the Khmer Rouge fell in 1979, Long Beach had the largest population of Cambodians outside of Cambodia. In some ways, it felt like home.\u003c/p>\n\u003cp>However, the move to California also brought unwanted reminders of the country they left behind. Long Beach was a violent place in the 1980s, particularly for Southeast Asian refugees moving into historically Black and Latino neighborhoods. You was bullied at school, and when he was 13, he joined his older brother’s gang for protection. His life spiraled out of control from there.\u003c/p>\n\u003cp>In 1995, a gang beat up You and his nephew in a school parking lot. The next day, You fired a shotgun into a crowd of teenagers in retaliation. It killed one of the young men and injured four others. A year later, he was convicted of first-degree murder and given a 35-year-to-life sentence.\u003c/p>\n\u003cp>You’s first few years of adulthood began in California’s state prison system, and it was rough. He regularly witnessed fights and stabbings at Salinas Valley State Prison.\u003c/p>\n\u003cp>“You almost have to stop yourself from being human,” he recalls. “Every time you see blood, the human side of me makes me wanna care. Like, ‘Hey man, I know this is a prison, but are you OK?’ But I can’t do that.”\u003c/p>\n\u003cp>It wasn’t until You suffered his own loss that he reflected on his crime. The news came through a letter in the mail from an older sister.\u003c/p>\n\u003cp>“[It] said, ‘Hey, look, we have some news that your sister was murdered.’”\u003c/p>\n\u003cp>His sister had been shot in a parking lot by a jealous boyfriend, according to You. He felt anger but also a strange sense of clarity.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11966564,news_11975246,news_11800255,news_11975904\"]“It dawned on me that this must be how the victim’s family felt when I took their son away from them,” he reflected.\u003c/p>\n\u003cp>After a dozen years in California maximum security prisons, You was transferred to San Quentin State Prison. He enrolled in rehabilitation programs, including the intensive Victim Offender Education Group. The early sessions helped him confront the magnitude of his crime and, for the first time, unpack the traumatic life events that led up to it.\u003c/p>\n\u003cp>Eventually, he started his own program for other Asian American and Pacific Islander inmates at San Quentin to talk about history, war, and how to enter back into society.\u003c/p>\n\u003cp>In 2021, after 25 years behind bars, You was up for parole. It was actually his second time presenting his case to the state’s board — the first time, he said, he completely froze up. This time, though, You was ready.\u003c/p>\n\u003cp>But when he first heard the news of his freedom through a Zoom meeting during the COVID-19 pandemic, You struggled to take it in.\u003c/p>\n\u003cp>“To finally hear those words just didn’t feel real,” he said.\u003c/p>\n\u003cp>He said that feeling joy didn’t feel right either. “It takes away from the crime I’ve committed.”\u003c/p>\n\u003cp>Unfortunately for You, things were about to become much more complicated.\u003c/p>\n\u003ch2>\u003cstrong>Deported to Cambodia\u003c/strong>\u003c/h2>\n\u003cp>A few days before he was set to be released, he got a visit from a federal official who informed him that U.S. Immigration and Customs Enforcement had placed a hold on him.\u003c/p>\n\u003cp>Although You became eligible for U.S. citizenship when he turned 18, his parents’ hectic home life — with 12 family members rotating in and out of a three-bedroom house — kept them from pursuing an application.\u003c/p>\n\u003cp>When You lost his green card status following the murder conviction, he was no longer a protected refugee. Rather, he was now illegally on U.S. soil.\u003c/p>\n\u003cfigure id=\"attachment_11983321\" class=\"wp-caption alignnone\" style=\"max-width: 1280px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983321\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg\" alt=\"\" width=\"1280\" height=\"960\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg 1280w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-160x120.jpg 160w\" sizes=\"(max-width: 1280px) 100vw, 1280px\">\u003cfigcaption class=\"wp-caption-text\">\u003cem>Phoeun \u003c/em>You takes a selfie in Phnom Penh, Cambodia. \u003ccite>(Courtesy of Pheoun You)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ICE hold meant that federal officials could try to deport him after his release from prison. Instead of walking out of San Quentin, a free man, You was transferred to an immigration detention center in central California where he could choose to appeal his case.\u003c/p>\n\u003cp>You said that was a difficult decision. If he fought his case, it would happen from a detention cell in central California — a process that could take years.\u003c/p>\n\u003cp>“You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?”\u003c/p>\n\u003cp>So You signed his own deportation papers.\u003c/p>\n\u003cp>When he stepped off the plane in Phnom Penh a few months later, he was accompanied by three ICE agents.\u003c/p>\n\u003cp>The entire experience left him shell-shocked. You didn’t have a job or speak Khmer and had no friends or professional contacts. And he had no proof he was a citizen of any country; documentation of his birth was destroyed during the genocide.\u003c/p>\n\u003cp>Luckily, You still had relatives in Cambodia. He spent the first few weeks of his new life in Southeast Asia, reconnecting with his aunt in the Cambodian countryside.\u003c/p>\n\u003cp>He hadn’t seen her in nearly 50 years, but she offered to sponsor his Cambodian citizenship application.\u003c/p>\n\u003ch2>\u003cstrong>New life in Cambodia\u003c/strong>\u003c/h2>\n\u003cp>You’s aunt hooked him up with a third-floor studio on the outskirts of Phnom Penh. After weeks of watching the neighborhood wake up from his balcony — food carts passing by, moms walking their kids to school — he started to feel more settled.\u003c/p>\n\u003cp>But other adjustments have come more slowly. Because of the language barrier, You spends a lot of time alone in his apartment. He uses a translator app on his phone to communicate at restaurants or the grocery store, but he’s hesitant to date or make new friends.\u003c/p>\n\u003cp>“I’m a social person,” he said. “I want to mingle. I want to connect on a deeper level, and I don’t have the words to do that. And it feels really awkward because I can’t express (myself) fully.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Phoeun You\"]‘You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?’[/pullquote]Everywhere he looks, You is reminded that he’s far away from home. Billboards are in different languages. There are no sidewalks or street lamps, and the food stalls still amaze him.\u003c/p>\n\u003cp>People stare at him — which makes him uncomfortable.\u003c/p>\n\u003cp>“They look at me, and it’s like, OK: the tattoos, the shaved head … They’ll notice my accent is a little off. They get the hint like, ‘This guy’s not completely one of us.’”\u003c/p>\n\u003cp>Very quickly, You had to start looking for a job in a country where he didn’t speak the language.\u003c/p>\n\u003cp>But his last job was more than two decades ago, working at a casino in Las Vegas. With some experience teaching English as a second language to adults at San Quentin, You thought he might land a similar gig in Phnom Penh.\u003c/p>\n\u003cp>“I was applying for a good four months,” he said — pursuing around 20 different positions — but he kept getting turned down. “I was like, ‘Man, what is going on?’”\u003c/p>\n\u003cp>You wasn’t sure, but he had a sinking feeling that his criminal record in the U.S. followed him to Cambodia. He said most hiring managers didn’t know about his conviction right away, but when interviewers asked him what a working-aged man from the U.S. was doing in Phnom Penh, You felt like they were piecing things together.\u003c/p>\n\u003cp>You spent months worrying he’d never get back on his feet. But finally, he broke through. In October 2023, he landed a job teaching English at an international school in Phnom Penh.\u003c/p>\n\u003cp>He said the work is exhausting: He teaches five grade levels and isn’t paid much. But he said it’s helping him find purpose again.\u003c/p>\n\u003cp>Recently, he assigned his ninth-grade students to interview their parents. He said it’s sometimes difficult for Cambodians to communicate on a deeper level with their parents, so his goal is for them to get to know themselves better by learning about their family’s history.\u003c/p>\n\u003cp>“I think of my own past, growing up,” he said. “I didn’t know my parents enough.”\u003c/p>\n\u003cp>You laments the lack of love and connection he felt at home as a kid. Part of him feels like life might have been different otherwise.\u003c/p>\n\u003cp>He can’t change the past, but he said that teaching helps him reflect on his childhood and look forward to a future with a family of his own.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Phoeun You knows what it’s like to be a refugee in the United States, serve prison time for a violent crime, and be deported to a country he never knew. ","status":"publish","parent":0,"modified":1713562501,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":53,"wordCount":1850},"headData":{"title":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew | KQED","description":"Phoeun You knows what it’s like to be a refugee in the United States, serve prison time for a violent crime, and be deported to a country he never knew. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew","datePublished":"2024-04-19T11:00:52.000Z","dateModified":"2024-04-19T21:35:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC2374918807.mp3?updated=1713372438","sticky":false,"nprByline":"Mateo Schimpf","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983313/after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Phoeun You landed in Phnom Penh in March 2022, he was surprised by how tall the buildings were. “I thought about Cambodia like, man, I’m gonna see cows on the road. Dirt roads and stuff like that.”\u003c/p>\n\u003cp>He was born there, but by the time he returned at almost 50 years old, he was effectively a foreigner.\u003c/p>\n\u003cp>You was an infant when his family fled the \u003ca href=\"https://www.nytimes.com/2018/11/15/world/asia/khmer-rouge-cambodia-genocide.html\">Cambodian genocide\u003c/a> in 1976. Fifteen of them — siblings, parents, grandma, nieces and nephews — ended up in a refugee camp in Thailand. It was a harrowing but familiar path for the estimated 1 million Cambodians who escaped Pol Pot’s bloody dictatorship.\u003c/p>\n\u003cp>You spent the first five years of his life in the refugee camp in Thailand. It wasn’t until later in life that he realized how traumatic those early years were. Small things, like powdered milk, now transport him back there.\u003c/p>\n\u003cp>“That smell, that feel of chalk … it took me right back to the refugee camp,” he recently remembered.\u003c/p>\n\u003cp>In the aftermath of the Vietnam War, the State Department contracted with religious agencies to help resettle the hundreds of thousands of refugees arriving in the U.S. from Southeast Asia. After receiving his green card, Phoeun landed with a Mormon family in northern Utah.\u003c/p>\n\u003cp>His first memories in the U.S. were of eating tuna fish sandwiches and macaroni and cheese. Everything, including the enormous Wasatch Mountains, felt surreal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I remember the first time it snowed,” he said. “It scared the hell out of me. I was like, ‘Man, this is cold. Are we gonna freeze out here?’”\u003c/p>\n\u003cp>After life stabilized in Utah, You’s parents moved the family to Long Beach, California. Thanks to a student exchange program at Cal State Long Beach, the city’s Cambodian population had grown since the 1950s. By the time the Khmer Rouge fell in 1979, Long Beach had the largest population of Cambodians outside of Cambodia. In some ways, it felt like home.\u003c/p>\n\u003cp>However, the move to California also brought unwanted reminders of the country they left behind. Long Beach was a violent place in the 1980s, particularly for Southeast Asian refugees moving into historically Black and Latino neighborhoods. You was bullied at school, and when he was 13, he joined his older brother’s gang for protection. His life spiraled out of control from there.\u003c/p>\n\u003cp>In 1995, a gang beat up You and his nephew in a school parking lot. The next day, You fired a shotgun into a crowd of teenagers in retaliation. It killed one of the young men and injured four others. A year later, he was convicted of first-degree murder and given a 35-year-to-life sentence.\u003c/p>\n\u003cp>You’s first few years of adulthood began in California’s state prison system, and it was rough. He regularly witnessed fights and stabbings at Salinas Valley State Prison.\u003c/p>\n\u003cp>“You almost have to stop yourself from being human,” he recalls. “Every time you see blood, the human side of me makes me wanna care. Like, ‘Hey man, I know this is a prison, but are you OK?’ But I can’t do that.”\u003c/p>\n\u003cp>It wasn’t until You suffered his own loss that he reflected on his crime. The news came through a letter in the mail from an older sister.\u003c/p>\n\u003cp>“[It] said, ‘Hey, look, we have some news that your sister was murdered.’”\u003c/p>\n\u003cp>His sister had been shot in a parking lot by a jealous boyfriend, according to You. He felt anger but also a strange sense of clarity.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11966564,news_11975246,news_11800255,news_11975904"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It dawned on me that this must be how the victim’s family felt when I took their son away from them,” he reflected.\u003c/p>\n\u003cp>After a dozen years in California maximum security prisons, You was transferred to San Quentin State Prison. He enrolled in rehabilitation programs, including the intensive Victim Offender Education Group. The early sessions helped him confront the magnitude of his crime and, for the first time, unpack the traumatic life events that led up to it.\u003c/p>\n\u003cp>Eventually, he started his own program for other Asian American and Pacific Islander inmates at San Quentin to talk about history, war, and how to enter back into society.\u003c/p>\n\u003cp>In 2021, after 25 years behind bars, You was up for parole. It was actually his second time presenting his case to the state’s board — the first time, he said, he completely froze up. This time, though, You was ready.\u003c/p>\n\u003cp>But when he first heard the news of his freedom through a Zoom meeting during the COVID-19 pandemic, You struggled to take it in.\u003c/p>\n\u003cp>“To finally hear those words just didn’t feel real,” he said.\u003c/p>\n\u003cp>He said that feeling joy didn’t feel right either. “It takes away from the crime I’ve committed.”\u003c/p>\n\u003cp>Unfortunately for You, things were about to become much more complicated.\u003c/p>\n\u003ch2>\u003cstrong>Deported to Cambodia\u003c/strong>\u003c/h2>\n\u003cp>A few days before he was set to be released, he got a visit from a federal official who informed him that U.S. Immigration and Customs Enforcement had placed a hold on him.\u003c/p>\n\u003cp>Although You became eligible for U.S. citizenship when he turned 18, his parents’ hectic home life — with 12 family members rotating in and out of a three-bedroom house — kept them from pursuing an application.\u003c/p>\n\u003cp>When You lost his green card status following the murder conviction, he was no longer a protected refugee. Rather, he was now illegally on U.S. soil.\u003c/p>\n\u003cfigure id=\"attachment_11983321\" class=\"wp-caption alignnone\" style=\"max-width: 1280px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983321\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg\" alt=\"\" width=\"1280\" height=\"960\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg 1280w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-160x120.jpg 160w\" sizes=\"(max-width: 1280px) 100vw, 1280px\">\u003cfigcaption class=\"wp-caption-text\">\u003cem>Phoeun \u003c/em>You takes a selfie in Phnom Penh, Cambodia. \u003ccite>(Courtesy of Pheoun You)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ICE hold meant that federal officials could try to deport him after his release from prison. Instead of walking out of San Quentin, a free man, You was transferred to an immigration detention center in central California where he could choose to appeal his case.\u003c/p>\n\u003cp>You said that was a difficult decision. If he fought his case, it would happen from a detention cell in central California — a process that could take years.\u003c/p>\n\u003cp>“You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?”\u003c/p>\n\u003cp>So You signed his own deportation papers.\u003c/p>\n\u003cp>When he stepped off the plane in Phnom Penh a few months later, he was accompanied by three ICE agents.\u003c/p>\n\u003cp>The entire experience left him shell-shocked. You didn’t have a job or speak Khmer and had no friends or professional contacts. And he had no proof he was a citizen of any country; documentation of his birth was destroyed during the genocide.\u003c/p>\n\u003cp>Luckily, You still had relatives in Cambodia. He spent the first few weeks of his new life in Southeast Asia, reconnecting with his aunt in the Cambodian countryside.\u003c/p>\n\u003cp>He hadn’t seen her in nearly 50 years, but she offered to sponsor his Cambodian citizenship application.\u003c/p>\n\u003ch2>\u003cstrong>New life in Cambodia\u003c/strong>\u003c/h2>\n\u003cp>You’s aunt hooked him up with a third-floor studio on the outskirts of Phnom Penh. After weeks of watching the neighborhood wake up from his balcony — food carts passing by, moms walking their kids to school — he started to feel more settled.\u003c/p>\n\u003cp>But other adjustments have come more slowly. Because of the language barrier, You spends a lot of time alone in his apartment. He uses a translator app on his phone to communicate at restaurants or the grocery store, but he’s hesitant to date or make new friends.\u003c/p>\n\u003cp>“I’m a social person,” he said. “I want to mingle. I want to connect on a deeper level, and I don’t have the words to do that. And it feels really awkward because I can’t express (myself) fully.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Phoeun You","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Everywhere he looks, You is reminded that he’s far away from home. Billboards are in different languages. There are no sidewalks or street lamps, and the food stalls still amaze him.\u003c/p>\n\u003cp>People stare at him — which makes him uncomfortable.\u003c/p>\n\u003cp>“They look at me, and it’s like, OK: the tattoos, the shaved head … They’ll notice my accent is a little off. They get the hint like, ‘This guy’s not completely one of us.’”\u003c/p>\n\u003cp>Very quickly, You had to start looking for a job in a country where he didn’t speak the language.\u003c/p>\n\u003cp>But his last job was more than two decades ago, working at a casino in Las Vegas. With some experience teaching English as a second language to adults at San Quentin, You thought he might land a similar gig in Phnom Penh.\u003c/p>\n\u003cp>“I was applying for a good four months,” he said — pursuing around 20 different positions — but he kept getting turned down. “I was like, ‘Man, what is going on?’”\u003c/p>\n\u003cp>You wasn’t sure, but he had a sinking feeling that his criminal record in the U.S. followed him to Cambodia. He said most hiring managers didn’t know about his conviction right away, but when interviewers asked him what a working-aged man from the U.S. was doing in Phnom Penh, You felt like they were piecing things together.\u003c/p>\n\u003cp>You spent months worrying he’d never get back on his feet. But finally, he broke through. In October 2023, he landed a job teaching English at an international school in Phnom Penh.\u003c/p>\n\u003cp>He said the work is exhausting: He teaches five grade levels and isn’t paid much. But he said it’s helping him find purpose again.\u003c/p>\n\u003cp>Recently, he assigned his ninth-grade students to interview their parents. He said it’s sometimes difficult for Cambodians to communicate on a deeper level with their parents, so his goal is for them to get to know themselves better by learning about their family’s history.\u003c/p>\n\u003cp>“I think of my own past, growing up,” he said. “I didn’t know my parents enough.”\u003c/p>\n\u003cp>You laments the lack of love and connection he felt at home as a kid. Part of him feels like life might have been different otherwise.\u003c/p>\n\u003cp>He can’t change the past, but he said that teaching helps him reflect on his childhood and look forward to a future with a family of his own.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983313/after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","authors":["byline_news_11983313"],"programs":["news_72","news_26731"],"categories":["news_1169","news_6188","news_8"],"tags":["news_17725","news_18123","news_27626","news_21027","news_20202","news_20463"],"featImg":"news_11983320","label":"news_26731"},"news_11975246":{"type":"posts","id":"news_11975246","meta":{"index":"posts_1591205157","site":"news","id":"11975246","score":null,"sort":[1707751815000]},"guestAuthors":[],"slug":"california-advocacy-group-sues-ice-judge-orders-release-of-all-immigration-policies","title":"California Advocacy Group Sues ICE, Judge Orders Release of All Immigration Policies","publishDate":1707751815,"format":"standard","headTitle":"California Advocacy Group Sues ICE, Judge Orders Release of All Immigration Policies | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Federal immigration authorities will soon be required to release a trove of documents that have until now been shielded from public view. In a lawsuit brought by a San Diego-based immigrant rights group, a federal judge in Washington, D.C., has given U.S. Immigration and Customs Enforcement until the end of February to begin releasing its policy documents.\u003c/p>\n\u003cp>At a time when \u003ca href=\"https://www.kqed.org/news/11974484/immigration-border-security-loom-large-in-2024\">immigration enforcement is emerging as a key issue\u003c/a> in this year’s presidential election, the ruling has the potential to bring greater transparency to the sprawling agency responsible for immigration detention and deportation.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Andrew Fels, attorney, Al Otro Lado\"]‘For us, it’s just this idea of trying to stop ICE from, intentionally or not, functioning as a secret police force. We don’t know what they’re doing. We don’t know how they’re doing it. And that’s not what the law allows.’[/pullquote]Al Otro Lado filed the complaint in May after ICE failed to respond to requests for public records. Last month, U.S. District Judge Jia Cobb \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/ICEPDFNikAltenberg.pdf\">ordered ICE to release (PDF)\u003c/a> all of the agency’s 339 active policies, as many as 5,627 pages, according to court documents. She gave the agency until Oct. 31 to produce all documents and required that ICE regularly update its website with current policies.\u003c/p>\n\u003cp>Andrew Fels, an attorney for Al Otro Lado, called the ruling “fantastic.”\u003c/p>\n\u003cp>“For us, it’s just this idea of trying to stop ICE from, intentionally or not, functioning as a secret police force,” Fels said. “We don’t know what they’re doing. We don’t know how they’re doing it. And that’s not what the law allows.”\u003c/p>\n\u003cp>Public agencies are required to make their policies available online, according to the \u003ca href=\"https://www.justice.gov/oip/freedom-information-act-5-usc-552\">Freedom of Information Act (FOIA)\u003c/a>. ICE is “wildly out of compliance” with this requirement, Fels said.\u003c/p>\n\u003cp>An ICE spokesperson said in an email that the agency does not comment on pending litigation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Fels said ICE has been more cooperative with the process than he would have expected. “They have not fought this as much as they could,” he said. “There are aspects of ICE’s job that are made easier by having all of these policies public. And certainly, it makes life easier for their FOIA officers.”\u003c/p>\n\u003ch2>\u003cstrong>Accountability for mistreatment in ICE detention\u003c/strong>\u003c/h2>\n\u003cp>For advocates representing people who have reported mistreatment in ICE detention centers, the release of these policies could be a game-changer.\u003c/p>\n\u003cp>“People are really at a loss of why they’ve been treated so cruelly and inhumanely. People are really living in the dark,” said Niketa Kumar, a spokesperson for the San Francisco-based Asian Law Caucus, a civil rights group that has represented immigrants in detention. “Sunlight is the best disinfectant.”\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11962387,news_11946255,news_11942414\"]Jose Ruben Hernandez Gomez was one of several \u003ca href=\"https://www.kqed.org/news/11943030/ice-aburptly-transfers-4-detainee-hunger-strikers-from-california-to-texas-sparking-fears-of-force-feeding\">detainees at the Mesa Verde ICE Processing Center\u003c/a> in Bakersfield who went on a hunger strike in May to protest conditions in the facility. ICE agents then allegedly dragged him and three others and transferred them to a facility in Texas, where he said \u003ca href=\"https://www.kqed.org/news/11970816/californian-who-joined-hunger-strike-in-ice-detention-seeks-1-million-in-complaint\">he was threatened with \u003c/a>force-feeding and experienced medical neglect. Attorneys with the Asian Law Caucus helped him file a complaint against ICE, a precursor to a potential lawsuit.\u003c/p>\n\u003cp>Kumar said she hopes that the documents that ICE must make public under the judge’s order will “affirm and underscore what Jose Ruben and others have been saying.”\u003c/p>\n\u003cp>“I think we can expect that this will bring to light practices that have been in the shadows,” Kumar said. “A lot of people who have gone on hunger strike, they’ve put their lives on the line to bring attention to the conditions” in detention centers.\u003c/p>\n\u003cp>ICE policies often only come to light after litigation, Kumar said.\u003c/p>\n\u003cp>In a statement submitted to the court on Jan. 12, Fernando Pineiro, director of ICE’s FOIA office, said that as of January, the office was “handling 168 active FOIA litigations” and, on average, “producing approximately 18,000 pages of responsive records each month.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Niketa Kumar, spokesperson, Asian Law Caucus\"]‘I think we can expect that this will bring to light practices that have been in the shadows. A lot of people who have gone on hunger strike, they’ve put their lives on the line to bring attention to the conditions.’[/pullquote]Making ICE policies publicly available could also make it harder for private contractors to skirt responsibility. In California, GEO Group is contracted to run several ICE detention centers. Kumar said the lack of transparency around policies can lead to a lack of accountability.\u003c/p>\n\u003cp>“When GEO engages in misconduct — such as sexually abusive patdowns — the corporation claims that they are doing so pursuant to ICE policy and instructions,” Kumar wrote in an email. But without knowing these policies, it is hard to hold anyone accountable for the alleged mistreatment.\u003c/p>\n\u003cp>For example, when people try to raise grievances with ICE, “ICE often replies that they do not have control over GEO staff,” Kumar wrote.\u003c/p>\n\u003cp>GEO Group did not respond to a request for comment.\u003c/p>\n\u003ch2>\u003cstrong>Shedding light on family separation\u003c/strong>\u003c/h2>\n\u003cp>Among the 339 active ICE policies, advocates expect to see documentation governing ICE’s role in the widely condemned practice of separating migrant families at the border. On \u003ca href=\"https://www.ice.gov/foia/library\">ICE’s FOIA “reading room,”\u003c/a> the webpage where the agency is required to make many of its public records available, the only document related to the policy of family separation is \u003ca href=\"https://www.ice.gov/doclib/foia/dro_policy_memos/parentchildseparationsmay232008.pdf\">a half-page memo from 2008 (PDF)\u003c/a>.\u003c/p>\n\u003cp>Family separations intensified under former President Donald Trump’s administration. Yet, details of the policies implemented under his administration are still largely unknown, according to Fels.\u003c/p>\n\u003cp>The November presidential election is one reason that the Oct. 31 deadline for ICE to make all the documents public is important, Fels said.\u003c/p>\n\u003cp>“Making sure that we know, before there are any radical shifts in policy, what the current policy actually is — that seems of paramount importance,” he said.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The immigration agency has until Oct. 31 to release a trove of internal documents under a transparency lawsuit brought by a San Diego-based immigrant advocacy group. ","status":"publish","parent":0,"modified":1707518424,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1078},"headData":{"title":"California Advocacy Group Sues ICE, Judge Orders Release of All Immigration Policies | KQED","description":"The immigration agency has until Oct. 31 to release a trove of internal documents under a transparency lawsuit brought by a San Diego-based immigrant advocacy group. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Advocacy Group Sues ICE, Judge Orders Release of All Immigration Policies","datePublished":"2024-02-12T15:30:15.000Z","dateModified":"2024-02-09T22:40:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11975246/california-advocacy-group-sues-ice-judge-orders-release-of-all-immigration-policies","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal immigration authorities will soon be required to release a trove of documents that have until now been shielded from public view. In a lawsuit brought by a San Diego-based immigrant rights group, a federal judge in Washington, D.C., has given U.S. Immigration and Customs Enforcement until the end of February to begin releasing its policy documents.\u003c/p>\n\u003cp>At a time when \u003ca href=\"https://www.kqed.org/news/11974484/immigration-border-security-loom-large-in-2024\">immigration enforcement is emerging as a key issue\u003c/a> in this year’s presidential election, the ruling has the potential to bring greater transparency to the sprawling agency responsible for immigration detention and deportation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘For us, it’s just this idea of trying to stop ICE from, intentionally or not, functioning as a secret police force. We don’t know what they’re doing. We don’t know how they’re doing it. And that’s not what the law allows.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Andrew Fels, attorney, Al Otro Lado","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Al Otro Lado filed the complaint in May after ICE failed to respond to requests for public records. Last month, U.S. District Judge Jia Cobb \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/ICEPDFNikAltenberg.pdf\">ordered ICE to release (PDF)\u003c/a> all of the agency’s 339 active policies, as many as 5,627 pages, according to court documents. She gave the agency until Oct. 31 to produce all documents and required that ICE regularly update its website with current policies.\u003c/p>\n\u003cp>Andrew Fels, an attorney for Al Otro Lado, called the ruling “fantastic.”\u003c/p>\n\u003cp>“For us, it’s just this idea of trying to stop ICE from, intentionally or not, functioning as a secret police force,” Fels said. “We don’t know what they’re doing. We don’t know how they’re doing it. And that’s not what the law allows.”\u003c/p>\n\u003cp>Public agencies are required to make their policies available online, according to the \u003ca href=\"https://www.justice.gov/oip/freedom-information-act-5-usc-552\">Freedom of Information Act (FOIA)\u003c/a>. ICE is “wildly out of compliance” with this requirement, Fels said.\u003c/p>\n\u003cp>An ICE spokesperson said in an email that the agency does not comment on pending litigation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Fels said ICE has been more cooperative with the process than he would have expected. “They have not fought this as much as they could,” he said. “There are aspects of ICE’s job that are made easier by having all of these policies public. And certainly, it makes life easier for their FOIA officers.”\u003c/p>\n\u003ch2>\u003cstrong>Accountability for mistreatment in ICE detention\u003c/strong>\u003c/h2>\n\u003cp>For advocates representing people who have reported mistreatment in ICE detention centers, the release of these policies could be a game-changer.\u003c/p>\n\u003cp>“People are really at a loss of why they’ve been treated so cruelly and inhumanely. People are really living in the dark,” said Niketa Kumar, a spokesperson for the San Francisco-based Asian Law Caucus, a civil rights group that has represented immigrants in detention. “Sunlight is the best disinfectant.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11962387,news_11946255,news_11942414"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Jose Ruben Hernandez Gomez was one of several \u003ca href=\"https://www.kqed.org/news/11943030/ice-aburptly-transfers-4-detainee-hunger-strikers-from-california-to-texas-sparking-fears-of-force-feeding\">detainees at the Mesa Verde ICE Processing Center\u003c/a> in Bakersfield who went on a hunger strike in May to protest conditions in the facility. ICE agents then allegedly dragged him and three others and transferred them to a facility in Texas, where he said \u003ca href=\"https://www.kqed.org/news/11970816/californian-who-joined-hunger-strike-in-ice-detention-seeks-1-million-in-complaint\">he was threatened with \u003c/a>force-feeding and experienced medical neglect. Attorneys with the Asian Law Caucus helped him file a complaint against ICE, a precursor to a potential lawsuit.\u003c/p>\n\u003cp>Kumar said she hopes that the documents that ICE must make public under the judge’s order will “affirm and underscore what Jose Ruben and others have been saying.”\u003c/p>\n\u003cp>“I think we can expect that this will bring to light practices that have been in the shadows,” Kumar said. “A lot of people who have gone on hunger strike, they’ve put their lives on the line to bring attention to the conditions” in detention centers.\u003c/p>\n\u003cp>ICE policies often only come to light after litigation, Kumar said.\u003c/p>\n\u003cp>In a statement submitted to the court on Jan. 12, Fernando Pineiro, director of ICE’s FOIA office, said that as of January, the office was “handling 168 active FOIA litigations” and, on average, “producing approximately 18,000 pages of responsive records each month.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I think we can expect that this will bring to light practices that have been in the shadows. A lot of people who have gone on hunger strike, they’ve put their lives on the line to bring attention to the conditions.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Niketa Kumar, spokesperson, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Making ICE policies publicly available could also make it harder for private contractors to skirt responsibility. In California, GEO Group is contracted to run several ICE detention centers. Kumar said the lack of transparency around policies can lead to a lack of accountability.\u003c/p>\n\u003cp>“When GEO engages in misconduct — such as sexually abusive patdowns — the corporation claims that they are doing so pursuant to ICE policy and instructions,” Kumar wrote in an email. But without knowing these policies, it is hard to hold anyone accountable for the alleged mistreatment.\u003c/p>\n\u003cp>For example, when people try to raise grievances with ICE, “ICE often replies that they do not have control over GEO staff,” Kumar wrote.\u003c/p>\n\u003cp>GEO Group did not respond to a request for comment.\u003c/p>\n\u003ch2>\u003cstrong>Shedding light on family separation\u003c/strong>\u003c/h2>\n\u003cp>Among the 339 active ICE policies, advocates expect to see documentation governing ICE’s role in the widely condemned practice of separating migrant families at the border. On \u003ca href=\"https://www.ice.gov/foia/library\">ICE’s FOIA “reading room,”\u003c/a> the webpage where the agency is required to make many of its public records available, the only document related to the policy of family separation is \u003ca href=\"https://www.ice.gov/doclib/foia/dro_policy_memos/parentchildseparationsmay232008.pdf\">a half-page memo from 2008 (PDF)\u003c/a>.\u003c/p>\n\u003cp>Family separations intensified under former President Donald Trump’s administration. Yet, details of the policies implemented under his administration are still largely unknown, according to Fels.\u003c/p>\n\u003cp>The November presidential election is one reason that the Oct. 31 deadline for ICE to make all the documents public is important, Fels said.\u003c/p>\n\u003cp>“Making sure that we know, before there are any radical shifts in policy, what the current policy actually is — that seems of paramount importance,” he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11975246/california-advocacy-group-sues-ice-judge-orders-release-of-all-immigration-policies","authors":["11896"],"categories":["news_1169","news_6188","news_8"],"tags":["news_27626","news_21027","news_20202","news_20529"],"featImg":"news_11975267","label":"news"},"news_11970816":{"type":"posts","id":"news_11970816","meta":{"index":"posts_1591205157","site":"news","id":"11970816","score":null,"sort":[1703431815000]},"guestAuthors":[],"slug":"californian-who-joined-hunger-strike-in-ice-detention-seeks-1-million-in-complaint","title":"Californian Who Joined Hunger Strike in ICE Detention Seeks $1 million in Complaint","publishDate":1703431815,"format":"standard","headTitle":"Californian Who Joined Hunger Strike in ICE Detention Seeks $1 million in Complaint | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>After 16 months in immigration detention facilities in California and Texas, Jose Ruben Hernandez Gomez returned to his family home in Lodi in April, walking with a cane and saying he suffers from neurological problems and persistent nightmares.\u003c/p>\n\u003cp>The 33-year-old Mexican-born man — who from toddler age has been a permanent legal resident of California — has reported enduring abuse, unsanitary conditions and threats of force-feeding before his release from immigration detention in April.\u003c/p>\n\u003cp>“I have nightmares of being dragged … that they are going to force-feed me. Then it wakes me up and I’m sweating,” he said during an interview at the home he grew up in. “It’s not an easy thing to process.”\u003c/p>\n\u003cp>[aside postID=news_11943030 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/03/GettyImages-1210114326-1020x680.jpg']This week attorneys helped him file an \u003ca href=\"https://help.cbp.gov/s/article/Article-178?language=en_US\">administrative tort complaint\u003c/a>, a precursor to a potential lawsuit, against Immigration and Customs Enforcement, the federal agency overseeing immigrant detention.\u003c/p>\n\u003cp>\u003ca href=\"https://www.advancingjustice-alc.org/media/Programs/Immigrant-Rights/Form95andSupplement_ICEAdminComplaint_IR_12202023_Redacted.pdf\">His complaint (PDF)\u003c/a> seeks at least $1 million in personal injury damages.\u003c/p>\n\u003cp>It states that in March, while he and other detainees were staging a hunger strike to protest conditions at the Mesa Verde ICE Processing Center in Bakersfield, agents from the U.S. Immigration and Customs Enforcement (ICE) “violently dragged” him and several others and transported them to an immigration detention facility in Texas where he was shackled and a doctor threatened to seek a court order to insert a tube down his nose to his stomach to force-feed him.\u003c/p>\n\u003cp>Afraid, Hernandez Gomez agreed to end his hunger strike, which had gone 21 days, the complaint said. He suffered serious medical consequences anyway, his complaint says, after immigration agents made him immediately eat solid food and initially delayed medical treatment when he fell ill.\u003c/p>\n\u003ch2>Challenging ICE\u003c/h2>\n\u003cp>His complaint follows a class-action lawsuit he and eight other detainees filed in 2022 \u003ca href=\"https://www.classaction.org/media/gomez-et-al-v-the-geo-group-inc.pdf\">alleging forced labor (PDF)\u003c/a> by GEO Group, a corporation operating immigration detention facilities for the federal government. Also several Congress members from California have demanded an investigation or closure of the facilities.\u003c/p>\n\u003cp>“While I keenly understand challenges with ongoing litigation and the separation of powers, there is no excuse for the extremely limited replies and, at times, unresponsiveness from ICE,” said Zoe Lofgren, chair of the California Democratic Congressional Delegation.\u003c/p>\n\u003cp>“Members of Congress need more information about these serious matters occurring in our state. Relatedly, I reiterate my call for the closure of privately-owned ICE facilities today, including these two detention centers, because they too often have abusive conditions and are a rip-off to taxpayers.”\u003c/p>\n\u003cfigure id=\"attachment_11970821\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970821\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy.jpg\" alt=\"A sign that says GEO outside a building with a lawn.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">Mesa Verde Detention Center in Bakersfield on Dec. 15, 2023. \u003ccite>(Larry Valenzuela, CalMatters/CatchLight Local)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to American Civil Liberties Union Northern California’s \u003ca href=\"https://www.aclunc.org/CA_database#:~:text=On%20June%2023%2C%202023%2C%20ACLU,our%20state's%20immigration%20detention%20facilities.\">database\u003c/a>, the federal contract to operate Mesa Verde in Bakersfield and Golden State Annex in McFarland is worth more than $1.5 billion over 15 years, or $105.4 million per year. The payment is for 560 beds regardless of the actual population count.\u003c/p>\n\u003cp>Gov. Gavin Newsom in 2019 \u003ca href=\"https://www.gov.ca.gov/2019/10/11/governor-newsom-signs-ab-32-to-halt-private-for-profit-prisons-and-immigration-detention-facilities-in-california/\">signed a bill\u003c/a> banning private prisons and immigration detention facilities from operating in the state, but the U.S. Ninth Circuit Court of Appeals determined the new \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/26/20-56172.pdf\">law was unconstitutional (PDF)\u003c/a>, saying “California cannot exert this level of control over the federal government’s detention operations.”\u003c/p>\n\u003cp>ICE officials did not answer questions from CalMatters, and GEO Group officials referred questions about the allegations to ICE officials. A spokesperson for the U.S. Department of Homeland Security, which oversees ICE, provided a statement about the agency’s grievance process but did not answer other questions by deadline.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The agency takes allegations of misconduct very seriously,” said Leticia Zamarripa, a public affairs officer for Homeland Security. “Personnel are held to the highest standards of professional and ethical behavior, and when a complaint is received, it is investigated thoroughly to determine veracity and ensure comprehensive standards are strictly maintained and enforced.”\u003c/p>\n\u003ch2>Prison to immigration detention\u003c/h2>\n\u003cp>Recently, with the help of a metal cane, Hernandez Gomez walked around his living room, pointing to family photographs. But after a couple of minutes, he sat down and apologized for having to take a break.\u003c/p>\n\u003cp>“I am still surrounded by these feelings,” he said, “a combination of a whole lot: not being able to perform the way I used to perform, everything I used to enjoy and now I don’t.”\u003c/p>\n\u003cp>His family emigrated from Guanajuato, in central Mexico. As a teen Hernandez Gomez attended Lodi High in San Joaquin County, where he planned to become an electrician. But some arrests followed, he said, and he was convicted of assault and imprisoned at age 27.\u003c/p>\n\u003cfigure id=\"attachment_11970822\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970822\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy.jpg\" alt=\"A photo of a Latino child in a picture frame.\" width=\"1568\" height=\"1046\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A photo of Jose Ruben Hernandez Gomez as a child hangs in the living room of his home in Lodi on Dec. 13, 2023. Hernandez Gomez was one of the hunger strikers at the Mesa Verde detention facility earlier this year. \u003ccite>(Fred Greaves for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hernandez Gomez said he made better choices while incarcerated. He volunteered in a fire fighting camp program and participated in a self-help group and vocational classes, which helped shave two years off his six-year sentence. He was released in November 2021.\u003c/p>\n\u003cp>But he couldn’t go home. He was transferred to federal custody to await legal proceedings that could eventually deport him. He was placed in removal proceedings because of his criminal history and is fighting to stay in the United States.\u003c/p>\n\u003cp>He was detained at Golden State Annex in McFarland for two months, then Mesa Verde for more than a year. He said the place was infested with mold, water beetles and cockroaches, and the inmates drank rust-colored water from the faucets.\u003c/p>\n\u003cp>The ACLU NorCal database tallied the complaints detainees filed with ICE and shared with the ACLU. From January through October there were nearly 400 complaints and more than half were about living conditions and mistreatment. The ACLU’s foundation has sued ICE for information on complaints in California facilities.\u003c/p>\n\u003ch2>A show of force\u003c/h2>\n\u003cp>Last February dozens of the detainees started hunger strikes to protest conditions, Hernandez Gomez among them. He said GEO Group and ICE officers retaliated against the hunger strikers.\u003c/p>\n\u003cp>“We were placed in solitary confinement,” he said. “We were threatened with being transferred to a different state.”\u003c/p>\n\u003cp>The complaint says, “On March 7, 2023, at about 6:00 a.m., multiple GEO officers dressed in riot gear entered Mr. Hernandez Gomez’s dorm. They disconnected the dorm’s phones so detained individuals could not call their attorneys or family members. They forcibly removed one of Mr. Hernandez Gomez’s dormmates from the dorm. A short time later, ICE officers dressed in military gear, holding batons, pepper spray, and what looked like automatic rifles, entered the dorm. They ordered Mr. Hernandez Gomez and other detained individuals to get on the floor. The officers did not state the reason for their orders. Instead, without notice or explanation, officers zeroed in on Mr. Hernandez Gomez and surrounded him. He asked to speak with his immigration attorney, but his plea went unanswered.”\u003c/p>\n\u003cfigure id=\"attachment_11970823\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970823\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy.jpg\" alt=\"A gate and fencing outside a detention facility.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A gate opens at the Mesa Verde Detention Center in Bakersfield on Dec. 15, 2023. \u003ccite>(Larry Valenzuela, CalMatters/CatchLight Local)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The complaint said officers “threw Mr. Hernandez Gomez on the ground, causing him to strike his shoulder and chest against the ground.” One officer said, “Either you are going to walk, or we are going to drag you,” according to the complaint.\u003c/p>\n\u003cp>Officers cuffed and shackled him and eventually put him in a van with several other detainees, ultimately driving “many hours” to a private airstrip. Despite Hernandez Gomez requesting to go to a hospital because he felt dizzy, according to his complaint, he was placed on a chartered plane that later landed in Texas.\u003c/p>\n\u003cp>ICE has four pages of written standards for \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/4-2.pdf\">handling detainees on hunger strike (PDF)\u003c/a>, stating “if medically necessary, the detainee may be transferred to a community hospital or a detention facility appropriately equipped for treatment;” there’s no mention of transferring detainees to an ICE facility out of state.\u003c/p>\n\u003cp>Before boarding the plane, Hernandez Gomez said in the complaint that he endured a sexually abusive pat-down search that included his inner thigh, buttocks and genitals.\u003c/p>\n\u003cp>“Nobody should be touching anybody in any place at any given time, no matter how long, no matter if it’s a millisecond,” he told CalMatters.\u003c/p>\n\u003ch2>‘Second hell’\u003c/h2>\n\u003cp>The detainees were driven to ICE’s El Paso Service Processing Center, where the complaint says a Dr. Iglesias informed them that she could seek a court order to force-feed them.\u003c/p>\n\u003cp>\u003ca href=\"https://www.ncbi.nlm.nih.gov/books/NBK385298/#:~:text=Force%2Dfeeding%20(or%20forcible%2D,eventually%20arriving%20in%20the%20stomach.\">Force-feeding\u003c/a> involves inserting a tube into a patient’s nose, down their throat and esophagus, and into their stomach, then pouring liquid food through the tube. Sometimes it causes patients to gag, choke or vomit.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11942414,news_11941677,news_11962387\"]Force-feeding is legal but controversial. The American Medical Association has said force-feeding prisoners is unethical, while the World Medical Association \u003ca href=\"https://www.wma.net/policy-tags/forced-feeding/\">recently called it torture.\u003c/a> \u003ca href=\"https://www.wma.net/policy-tags/forced-feeding/\">Some judges have said it could be done to keep patients alive.\u003c/a>\u003c/p>\n\u003cp>In 2019 Dr. Michelle Iglesias, an ICE contract physician with a family practice in El Paso, \u003ca href=\"https://www.texasmonthly.com/news-politics/ice-doctor-force-feeding-detainees-on-hunger-strike/\">testified in federal court\u003c/a> that ICE requires force-feeding if hunger strikers endanger themselves. The judge granted a court order in that case. Iglesias oversaw multiple forced feedings, according to Texas Monthly.\u003c/p>\n\u003cp>CalMatters left phone messages at Iglesias’ family practice office and emailed her practice but got no response. In 2022, Homeland Security shared a \u003ca href=\"https://youtube.com/shorts/StEpSn5CX6M?feature=share\">video on social media\u003c/a> featuring Iglesias describing her medical experience and motivations for working at Homeland Security.\u003c/p>\n\u003cp>Afraid of being force-fed and after being placed in solitary confinement, Hernandez Gomez informed health care staff he would break his 21-day hunger strike. But instead of honoring his request to start with vitamins and electrolytes, they gave him two cold cheeseburgers and fries, the complaint said.\u003c/p>\n\u003cp>Hernandez Gomez added, “When I consumed that, after 21 days, I just started feeling dizzy. That was the beginning of my second hell.”\u003c/p>\n\u003ch2>Refeeding syndrome\u003c/h2>\n\u003cp>Dizziness, disorientation are common symptoms of refeeding syndrome — “potentially fatal shifts in fluids and electrolytes that may occur in malnourished patients receiving artificial refeeding,” \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2440847/\">according to medical research\u003c/a>.\u003c/p>\n\u003cp>Hernandez Gomez said he felt disoriented and his vision deteriorated so much he had to wear glasses, but he didn’t receive treatment for his symptoms.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jose Ruben Hernandez Gomez\"]‘I am not free, because I’m always having these flashbacks. At times, I cry myself to sleep. And even though it hurts, I don’t want others to go through that any longer.’[/pullquote]On March 14, Hernandez Gomez was flown back to Mesa Verde. That day, he recalled, he continued experiencing headaches and dizziness, so the medical staff at Mesa Verde gave him a cane and a wheelchair. He was later treated at a hospital emergency room in Bakersfield where, for the first time, he was evaluated for refeeding syndrome, the complaint said.\u003c/p>\n\u003cp>The symptoms worsened, the complaint said. Hernandez Gomez was sent to another hospital and hospitalized for five days, with his waist, arms and legs shackled to a bed.\u003c/p>\n\u003cp>“I shed tears, because how are they getting away with all this? I am a human being, I shouldn’t be treated that way” Hernandez Gomez said.\u003c/p>\n\u003cp>Weeks later a federal court ordered ICE to a bond hearing, where attorneys representing Hernandez Gomez submitted evidence of neglect and medical mistreatment. An immigration judge found Hernandez Gomez was not a danger to society and ordered his release with a $5,000 bond.\u003c/p>\n\u003cp>But on April 14, Hernandez Gomez didn’t walk out of Mesa Verde. He was wheeled out in a wheelchair. It was the first time he saw his father cry, he said.\u003c/p>\n\u003cp>“I am not free,” he said recently, “because I’m always having these flashbacks. At times, I cry myself to sleep. And even though it hurts, I don’t want others to go through that any longer.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Detainee says ICE officers flew him to Texas, where he was threatened with force-feeding and was made to end his fast with solid foods, causing illness.","status":"publish","parent":0,"modified":1703372132,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2101},"headData":{"title":"Californian Who Joined Hunger Strike in ICE Detention Seeks $1 million in Complaint | KQED","description":"Detainee says ICE officers flew him to Texas, where he was threatened with force-feeding and was made to end his fast with solid foods, causing illness.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Californian Who Joined Hunger Strike in ICE Detention Seeks $1 million in Complaint","datePublished":"2023-12-24T15:30:15.000Z","dateModified":"2023-12-23T22:55:32.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"\u003ca href=\"https://calmatters.org/author/kervy-robles/\">Justo Robles\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11970816/californian-who-joined-hunger-strike-in-ice-detention-seeks-1-million-in-complaint","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After 16 months in immigration detention facilities in California and Texas, Jose Ruben Hernandez Gomez returned to his family home in Lodi in April, walking with a cane and saying he suffers from neurological problems and persistent nightmares.\u003c/p>\n\u003cp>The 33-year-old Mexican-born man — who from toddler age has been a permanent legal resident of California — has reported enduring abuse, unsanitary conditions and threats of force-feeding before his release from immigration detention in April.\u003c/p>\n\u003cp>“I have nightmares of being dragged … that they are going to force-feed me. Then it wakes me up and I’m sweating,” he said during an interview at the home he grew up in. “It’s not an easy thing to process.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11943030","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/03/GettyImages-1210114326-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>This week attorneys helped him file an \u003ca href=\"https://help.cbp.gov/s/article/Article-178?language=en_US\">administrative tort complaint\u003c/a>, a precursor to a potential lawsuit, against Immigration and Customs Enforcement, the federal agency overseeing immigrant detention.\u003c/p>\n\u003cp>\u003ca href=\"https://www.advancingjustice-alc.org/media/Programs/Immigrant-Rights/Form95andSupplement_ICEAdminComplaint_IR_12202023_Redacted.pdf\">His complaint (PDF)\u003c/a> seeks at least $1 million in personal injury damages.\u003c/p>\n\u003cp>It states that in March, while he and other detainees were staging a hunger strike to protest conditions at the Mesa Verde ICE Processing Center in Bakersfield, agents from the U.S. Immigration and Customs Enforcement (ICE) “violently dragged” him and several others and transported them to an immigration detention facility in Texas where he was shackled and a doctor threatened to seek a court order to insert a tube down his nose to his stomach to force-feed him.\u003c/p>\n\u003cp>Afraid, Hernandez Gomez agreed to end his hunger strike, which had gone 21 days, the complaint said. He suffered serious medical consequences anyway, his complaint says, after immigration agents made him immediately eat solid food and initially delayed medical treatment when he fell ill.\u003c/p>\n\u003ch2>Challenging ICE\u003c/h2>\n\u003cp>His complaint follows a class-action lawsuit he and eight other detainees filed in 2022 \u003ca href=\"https://www.classaction.org/media/gomez-et-al-v-the-geo-group-inc.pdf\">alleging forced labor (PDF)\u003c/a> by GEO Group, a corporation operating immigration detention facilities for the federal government. Also several Congress members from California have demanded an investigation or closure of the facilities.\u003c/p>\n\u003cp>“While I keenly understand challenges with ongoing litigation and the separation of powers, there is no excuse for the extremely limited replies and, at times, unresponsiveness from ICE,” said Zoe Lofgren, chair of the California Democratic Congressional Delegation.\u003c/p>\n\u003cp>“Members of Congress need more information about these serious matters occurring in our state. Relatedly, I reiterate my call for the closure of privately-owned ICE facilities today, including these two detention centers, because they too often have abusive conditions and are a rip-off to taxpayers.”\u003c/p>\n\u003cfigure id=\"attachment_11970821\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970821\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy.jpg\" alt=\"A sign that says GEO outside a building with a lawn.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_06-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">Mesa Verde Detention Center in Bakersfield on Dec. 15, 2023. \u003ccite>(Larry Valenzuela, CalMatters/CatchLight Local)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to American Civil Liberties Union Northern California’s \u003ca href=\"https://www.aclunc.org/CA_database#:~:text=On%20June%2023%2C%202023%2C%20ACLU,our%20state's%20immigration%20detention%20facilities.\">database\u003c/a>, the federal contract to operate Mesa Verde in Bakersfield and Golden State Annex in McFarland is worth more than $1.5 billion over 15 years, or $105.4 million per year. The payment is for 560 beds regardless of the actual population count.\u003c/p>\n\u003cp>Gov. Gavin Newsom in 2019 \u003ca href=\"https://www.gov.ca.gov/2019/10/11/governor-newsom-signs-ab-32-to-halt-private-for-profit-prisons-and-immigration-detention-facilities-in-california/\">signed a bill\u003c/a> banning private prisons and immigration detention facilities from operating in the state, but the U.S. Ninth Circuit Court of Appeals determined the new \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/26/20-56172.pdf\">law was unconstitutional (PDF)\u003c/a>, saying “California cannot exert this level of control over the federal government’s detention operations.”\u003c/p>\n\u003cp>ICE officials did not answer questions from CalMatters, and GEO Group officials referred questions about the allegations to ICE officials. A spokesperson for the U.S. Department of Homeland Security, which oversees ICE, provided a statement about the agency’s grievance process but did not answer other questions by deadline.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The agency takes allegations of misconduct very seriously,” said Leticia Zamarripa, a public affairs officer for Homeland Security. “Personnel are held to the highest standards of professional and ethical behavior, and when a complaint is received, it is investigated thoroughly to determine veracity and ensure comprehensive standards are strictly maintained and enforced.”\u003c/p>\n\u003ch2>Prison to immigration detention\u003c/h2>\n\u003cp>Recently, with the help of a metal cane, Hernandez Gomez walked around his living room, pointing to family photographs. But after a couple of minutes, he sat down and apologized for having to take a break.\u003c/p>\n\u003cp>“I am still surrounded by these feelings,” he said, “a combination of a whole lot: not being able to perform the way I used to perform, everything I used to enjoy and now I don’t.”\u003c/p>\n\u003cp>His family emigrated from Guanajuato, in central Mexico. As a teen Hernandez Gomez attended Lodi High in San Joaquin County, where he planned to become an electrician. But some arrests followed, he said, and he was convicted of assault and imprisoned at age 27.\u003c/p>\n\u003cfigure id=\"attachment_11970822\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970822\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy.jpg\" alt=\"A photo of a Latino child in a picture frame.\" width=\"1568\" height=\"1046\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121923-Jose-Ruben-Hunger-Strike-FG-CM-13-copy-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A photo of Jose Ruben Hernandez Gomez as a child hangs in the living room of his home in Lodi on Dec. 13, 2023. Hernandez Gomez was one of the hunger strikers at the Mesa Verde detention facility earlier this year. \u003ccite>(Fred Greaves for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hernandez Gomez said he made better choices while incarcerated. He volunteered in a fire fighting camp program and participated in a self-help group and vocational classes, which helped shave two years off his six-year sentence. He was released in November 2021.\u003c/p>\n\u003cp>But he couldn’t go home. He was transferred to federal custody to await legal proceedings that could eventually deport him. He was placed in removal proceedings because of his criminal history and is fighting to stay in the United States.\u003c/p>\n\u003cp>He was detained at Golden State Annex in McFarland for two months, then Mesa Verde for more than a year. He said the place was infested with mold, water beetles and cockroaches, and the inmates drank rust-colored water from the faucets.\u003c/p>\n\u003cp>The ACLU NorCal database tallied the complaints detainees filed with ICE and shared with the ACLU. From January through October there were nearly 400 complaints and more than half were about living conditions and mistreatment. The ACLU’s foundation has sued ICE for information on complaints in California facilities.\u003c/p>\n\u003ch2>A show of force\u003c/h2>\n\u003cp>Last February dozens of the detainees started hunger strikes to protest conditions, Hernandez Gomez among them. He said GEO Group and ICE officers retaliated against the hunger strikers.\u003c/p>\n\u003cp>“We were placed in solitary confinement,” he said. “We were threatened with being transferred to a different state.”\u003c/p>\n\u003cp>The complaint says, “On March 7, 2023, at about 6:00 a.m., multiple GEO officers dressed in riot gear entered Mr. Hernandez Gomez’s dorm. They disconnected the dorm’s phones so detained individuals could not call their attorneys or family members. They forcibly removed one of Mr. Hernandez Gomez’s dormmates from the dorm. A short time later, ICE officers dressed in military gear, holding batons, pepper spray, and what looked like automatic rifles, entered the dorm. They ordered Mr. Hernandez Gomez and other detained individuals to get on the floor. The officers did not state the reason for their orders. Instead, without notice or explanation, officers zeroed in on Mr. Hernandez Gomez and surrounded him. He asked to speak with his immigration attorney, but his plea went unanswered.”\u003c/p>\n\u003cfigure id=\"attachment_11970823\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970823\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy.jpg\" alt=\"A gate and fencing outside a detention facility.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/121823-Mesa-Verde-LV_CM_04-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A gate opens at the Mesa Verde Detention Center in Bakersfield on Dec. 15, 2023. \u003ccite>(Larry Valenzuela, CalMatters/CatchLight Local)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The complaint said officers “threw Mr. Hernandez Gomez on the ground, causing him to strike his shoulder and chest against the ground.” One officer said, “Either you are going to walk, or we are going to drag you,” according to the complaint.\u003c/p>\n\u003cp>Officers cuffed and shackled him and eventually put him in a van with several other detainees, ultimately driving “many hours” to a private airstrip. Despite Hernandez Gomez requesting to go to a hospital because he felt dizzy, according to his complaint, he was placed on a chartered plane that later landed in Texas.\u003c/p>\n\u003cp>ICE has four pages of written standards for \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/4-2.pdf\">handling detainees on hunger strike (PDF)\u003c/a>, stating “if medically necessary, the detainee may be transferred to a community hospital or a detention facility appropriately equipped for treatment;” there’s no mention of transferring detainees to an ICE facility out of state.\u003c/p>\n\u003cp>Before boarding the plane, Hernandez Gomez said in the complaint that he endured a sexually abusive pat-down search that included his inner thigh, buttocks and genitals.\u003c/p>\n\u003cp>“Nobody should be touching anybody in any place at any given time, no matter how long, no matter if it’s a millisecond,” he told CalMatters.\u003c/p>\n\u003ch2>‘Second hell’\u003c/h2>\n\u003cp>The detainees were driven to ICE’s El Paso Service Processing Center, where the complaint says a Dr. Iglesias informed them that she could seek a court order to force-feed them.\u003c/p>\n\u003cp>\u003ca href=\"https://www.ncbi.nlm.nih.gov/books/NBK385298/#:~:text=Force%2Dfeeding%20(or%20forcible%2D,eventually%20arriving%20in%20the%20stomach.\">Force-feeding\u003c/a> involves inserting a tube into a patient’s nose, down their throat and esophagus, and into their stomach, then pouring liquid food through the tube. Sometimes it causes patients to gag, choke or vomit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11942414,news_11941677,news_11962387"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Force-feeding is legal but controversial. The American Medical Association has said force-feeding prisoners is unethical, while the World Medical Association \u003ca href=\"https://www.wma.net/policy-tags/forced-feeding/\">recently called it torture.\u003c/a> \u003ca href=\"https://www.wma.net/policy-tags/forced-feeding/\">Some judges have said it could be done to keep patients alive.\u003c/a>\u003c/p>\n\u003cp>In 2019 Dr. Michelle Iglesias, an ICE contract physician with a family practice in El Paso, \u003ca href=\"https://www.texasmonthly.com/news-politics/ice-doctor-force-feeding-detainees-on-hunger-strike/\">testified in federal court\u003c/a> that ICE requires force-feeding if hunger strikers endanger themselves. The judge granted a court order in that case. Iglesias oversaw multiple forced feedings, according to Texas Monthly.\u003c/p>\n\u003cp>CalMatters left phone messages at Iglesias’ family practice office and emailed her practice but got no response. In 2022, Homeland Security shared a \u003ca href=\"https://youtube.com/shorts/StEpSn5CX6M?feature=share\">video on social media\u003c/a> featuring Iglesias describing her medical experience and motivations for working at Homeland Security.\u003c/p>\n\u003cp>Afraid of being force-fed and after being placed in solitary confinement, Hernandez Gomez informed health care staff he would break his 21-day hunger strike. But instead of honoring his request to start with vitamins and electrolytes, they gave him two cold cheeseburgers and fries, the complaint said.\u003c/p>\n\u003cp>Hernandez Gomez added, “When I consumed that, after 21 days, I just started feeling dizzy. That was the beginning of my second hell.”\u003c/p>\n\u003ch2>Refeeding syndrome\u003c/h2>\n\u003cp>Dizziness, disorientation are common symptoms of refeeding syndrome — “potentially fatal shifts in fluids and electrolytes that may occur in malnourished patients receiving artificial refeeding,” \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2440847/\">according to medical research\u003c/a>.\u003c/p>\n\u003cp>Hernandez Gomez said he felt disoriented and his vision deteriorated so much he had to wear glasses, but he didn’t receive treatment for his symptoms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I am not free, because I’m always having these flashbacks. At times, I cry myself to sleep. And even though it hurts, I don’t want others to go through that any longer.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jose Ruben Hernandez Gomez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>On March 14, Hernandez Gomez was flown back to Mesa Verde. That day, he recalled, he continued experiencing headaches and dizziness, so the medical staff at Mesa Verde gave him a cane and a wheelchair. He was later treated at a hospital emergency room in Bakersfield where, for the first time, he was evaluated for refeeding syndrome, the complaint said.\u003c/p>\n\u003cp>The symptoms worsened, the complaint said. Hernandez Gomez was sent to another hospital and hospitalized for five days, with his waist, arms and legs shackled to a bed.\u003c/p>\n\u003cp>“I shed tears, because how are they getting away with all this? I am a human being, I shouldn’t be treated that way” Hernandez Gomez said.\u003c/p>\n\u003cp>Weeks later a federal court ordered ICE to a bond hearing, where attorneys representing Hernandez Gomez submitted evidence of neglect and medical mistreatment. An immigration judge found Hernandez Gomez was not a danger to society and ordered his release with a $5,000 bond.\u003c/p>\n\u003cp>But on April 14, Hernandez Gomez didn’t walk out of Mesa Verde. He was wheeled out in a wheelchair. It was the first time he saw his father cry, he said.\u003c/p>\n\u003cp>“I am not free,” he said recently, “because I’m always having these flashbacks. At times, I cry myself to sleep. And even though it hurts, I don’t want others to go through that any longer.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11970816/californian-who-joined-hunger-strike-in-ice-detention-seeks-1-million-in-complaint","authors":["byline_news_11970816"],"categories":["news_1169","news_8"],"tags":["news_27626","news_1925","news_21027","news_20202"],"affiliates":["news_18481"],"featImg":"news_11970820","label":"news_18481"},"news_11962387":{"type":"posts","id":"news_11962387","meta":{"index":"posts_1591205157","site":"news","id":"11962387","score":null,"sort":[1695682501000]},"guestAuthors":[],"slug":"advocates-vow-to-fight-on-after-newsom-vetoes-bill-to-end-some-transfers-from-prison-to-ice","title":"Advocates Vow to Fight On After Newsom Vetoes Bill to End Some Transfers From Prison to ICE","publishDate":1695682501,"format":"standard","headTitle":"Advocates Vow to Fight On After Newsom Vetoes Bill to End Some Transfers From Prison to ICE | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Lawmakers and immigrant advocates vow to persist after Gov. Gavin Newsom vetoed a bill that would have protected some immigrants from federal authorities if they’re released from prison under state criminal justice reforms.\u003c/p>\n\u003cp>State Assemblymember Wendy Carrillo (D-Los Angeles), the bill’s author, said she was disappointed in Newsom’s decision to veto \u003ca href=\"https://www.kqed.org/news/11946255/california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice\">AB 1306, known as the HOME Act\u003c/a>, saying collaboration with U.S. Immigration and Customs Enforcement amounts to “double punishment” for immigrants who have earned parole.\u003c/p>\n\u003cp>“It was never the intention of the Legislature to exclude immigrants from restorative justice reform policies,” Carrillo said. “I am committed to re-introducing the policy and ending a dual system of justice in California that treats immigrants as less than and unworthy of a second chance.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"ICE Out of California Coalition\"]‘The Governor may claim that he supports rehabilitation and second chances. Yet he cannot praise rehabilitation in one breath, but condone the racist targeting of immigrants for detention and deportation in the next.’[/pullquote]The bill would have required the California Department of Corrections and Rehabilitation to let noncitizens return to their homes and communities, as U.S. citizens do, if they earn clemency from the governor or resentencing under \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">recent laws aimed at rehabilitation and reducing mass incarceration\u003c/a> and racial disparities in sentencing.\u003c/p>\n\u003cp>Under current practice, prison officials alert federal authorities and arrange to transfer noncitizen inmates to immigration custody upon their release. Even longtime legal residents with green cards can spend months or years in ICE detention, and many are eventually deported.\u003c/p>\n\u003cp>Newsom vetoed the bill Friday evening and issued a statement explaining the decision.\u003c/p>\n\u003cp>“The bill would prevent information sharing and coordination upon a person’s release from CDCR custody for a significant number of people and, as a result, would impede CDCR’s interaction with a federal law enforcement agency charged with assessing public safety risks,” he wrote. “I believe current law strikes the right balance on limiting interaction to support community trust and cooperation between law enforcement and local communities. For this reason, I cannot sign this bill.”\u003c/p>\n\u003cp>Advocates called Newsom’s veto a calculated move to protect his presidential aspirations. A statement from the ICE Out of California Coalition reads in part: “We denounce Gov. Newsom’s cruel, callous and cowardly decision to veto this common-sense solution. When policy-making is driven by vanity and crass ambition rather than sound judgment, all Californians suffer.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents can lose their lawful status and be deported if they have committed certain crimes. Nothing in the state bill would have prevented ICE from locating those people after they returned home. But it would have restricted the state’s role in cooperating with ICE’s enforcement efforts.\u003c/p>\n\u003cp>The HOME Act is more limited than a different bill last year, the VISION Act, which would have blocked all transfers from prison to ICE. That bill \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">narrowly failed in the state Legislature last August\u003c/a>. But the \u003ca href=\"https://www.kqed.org/news/11960794/a-bill-to-stop-some-prison-to-ice-transfers-heads-to-newsoms-desk\">HOME Act overwhelmingly passed both the state Assembly and Senate this year\u003c/a>. It would have shielded incarcerated people from ICE if they qualified for release under criminal justice reform bills signed by Newsom and former Gov. Jerry Brown, including:\u003c/p>\n\u003cul>\n\u003cli>Elderly people or those suffering severe medical conditions.\u003c/li>\n\u003cli>People whose crimes were committed in their youth and have already served long sentences.\u003c/li>\n\u003cli>People whose crimes were a direct result of suffering sexual assault or domestic violence.\u003c/li>\n\u003c/ul>\n\u003cp>Several states, including Oregon, Illinois, plus Washington, D.C., have already enacted legislation to restrict prison-to-ICE transfers.\u003c/p>\n\u003cp>Law enforcement groups that had opposed the broader VISION Act took no position on the HOME Act, so the bill faced no organized opposition.\u003c/p>\n\u003cp>In California, sanctuary laws prevent local police and sheriffs from cooperating in immigration enforcement much of the time. But there’s a broad exemption for prisons. CDCR documents recently obtained under public records laws by the ACLU of Northern California show that in just two months last year California turned over 200 people to ICE after they’d served their time in prison. In addition, the records show, incarcerated people who have been flagged for ICE are barred from many re-entry programs in prison.\u003c/p>\n\u003cp>“The Governor may claim that he supports rehabilitation and second chances,” said the ICE Out of California Coalition. “Yet he cannot praise rehabilitation in one breath, but condone the racist targeting of immigrants for detention and deportation in the next.”\u003c/p>\n\u003cp>One person who knows the toll of the current policy is Los Angeles resident Sandra Castañeda. She served 19 years of a 40-year murder sentence she received for driving a van out of which a man shot and killed someone. But her conviction was vacated after California reformed a law that had caused people like her to be sentenced for murders they did not commit. In addition, Newsom commuted her sentence, based on her rehabilitation in prison.\u003c/p>\n\u003cp>[aside postID=news_11943030,news_11946255]But instead of going home, Castañeda, who’s had a legal green card since she was 9, spent an additional year in ICE detention fighting until her deportation case was dropped by an immigration judge last year. She said she feels devastated for other immigrants who will suffer a similar fate.\u003c/p>\n\u003cp>“It’s like a slap in the face,” she said of the governor’s veto. “He commuted me! We’ve been rehabilitated, and then you want us to get deported? But the fight doesn’t stop here. Hopefully someday somebody will realize that this law should pass.”\u003c/p>\n\u003cp>Meanwhile, another criminal justice bill that was well on its way to the governor’s desk was pulled back at the last minute. Lawmakers carrying the California Mandela Act (AB 280) — a bill to restrict the use of solitary confinement in jails, prisons and ICE facilities — decided to make it a two-year bill after indications that Newsom would veto it.\u003c/p>\n\u003cp>The bill had passed the Assembly and the state Senate but the two houses have yet to concur on amendments. But the Mandela Act faces opposition from law enforcement groups. Supporters of that bill say they will try to establish a productive dialogue with Newsom and move it forward next year.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The HOME Act had aimed to align prison treatment of immigrants with recent criminal justice reforms focused on rehabilitation and reducing mass incarceration.\r\n","status":"publish","parent":0,"modified":1695770215,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":1086},"headData":{"title":"Advocates Vow to Fight On After Newsom Vetoes Bill to End Some Transfers From Prison to ICE | KQED","description":"The HOME Act had aimed to align prison treatment of immigrants with recent criminal justice reforms focused on rehabilitation and reducing mass incarceration.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Advocates Vow to Fight On After Newsom Vetoes Bill to End Some Transfers From Prison to ICE","datePublished":"2023-09-25T22:55:01.000Z","dateModified":"2023-09-26T23:16:55.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11962387/advocates-vow-to-fight-on-after-newsom-vetoes-bill-to-end-some-transfers-from-prison-to-ice","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lawmakers and immigrant advocates vow to persist after Gov. Gavin Newsom vetoed a bill that would have protected some immigrants from federal authorities if they’re released from prison under state criminal justice reforms.\u003c/p>\n\u003cp>State Assemblymember Wendy Carrillo (D-Los Angeles), the bill’s author, said she was disappointed in Newsom’s decision to veto \u003ca href=\"https://www.kqed.org/news/11946255/california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice\">AB 1306, known as the HOME Act\u003c/a>, saying collaboration with U.S. Immigration and Customs Enforcement amounts to “double punishment” for immigrants who have earned parole.\u003c/p>\n\u003cp>“It was never the intention of the Legislature to exclude immigrants from restorative justice reform policies,” Carrillo said. “I am committed to re-introducing the policy and ending a dual system of justice in California that treats immigrants as less than and unworthy of a second chance.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The Governor may claim that he supports rehabilitation and second chances. Yet he cannot praise rehabilitation in one breath, but condone the racist targeting of immigrants for detention and deportation in the next.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"ICE Out of California Coalition","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The bill would have required the California Department of Corrections and Rehabilitation to let noncitizens return to their homes and communities, as U.S. citizens do, if they earn clemency from the governor or resentencing under \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">recent laws aimed at rehabilitation and reducing mass incarceration\u003c/a> and racial disparities in sentencing.\u003c/p>\n\u003cp>Under current practice, prison officials alert federal authorities and arrange to transfer noncitizen inmates to immigration custody upon their release. Even longtime legal residents with green cards can spend months or years in ICE detention, and many are eventually deported.\u003c/p>\n\u003cp>Newsom vetoed the bill Friday evening and issued a statement explaining the decision.\u003c/p>\n\u003cp>“The bill would prevent information sharing and coordination upon a person’s release from CDCR custody for a significant number of people and, as a result, would impede CDCR’s interaction with a federal law enforcement agency charged with assessing public safety risks,” he wrote. “I believe current law strikes the right balance on limiting interaction to support community trust and cooperation between law enforcement and local communities. For this reason, I cannot sign this bill.”\u003c/p>\n\u003cp>Advocates called Newsom’s veto a calculated move to protect his presidential aspirations. A statement from the ICE Out of California Coalition reads in part: “We denounce Gov. Newsom’s cruel, callous and cowardly decision to veto this common-sense solution. When policy-making is driven by vanity and crass ambition rather than sound judgment, all Californians suffer.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents can lose their lawful status and be deported if they have committed certain crimes. Nothing in the state bill would have prevented ICE from locating those people after they returned home. But it would have restricted the state’s role in cooperating with ICE’s enforcement efforts.\u003c/p>\n\u003cp>The HOME Act is more limited than a different bill last year, the VISION Act, which would have blocked all transfers from prison to ICE. That bill \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">narrowly failed in the state Legislature last August\u003c/a>. But the \u003ca href=\"https://www.kqed.org/news/11960794/a-bill-to-stop-some-prison-to-ice-transfers-heads-to-newsoms-desk\">HOME Act overwhelmingly passed both the state Assembly and Senate this year\u003c/a>. It would have shielded incarcerated people from ICE if they qualified for release under criminal justice reform bills signed by Newsom and former Gov. Jerry Brown, including:\u003c/p>\n\u003cul>\n\u003cli>Elderly people or those suffering severe medical conditions.\u003c/li>\n\u003cli>People whose crimes were committed in their youth and have already served long sentences.\u003c/li>\n\u003cli>People whose crimes were a direct result of suffering sexual assault or domestic violence.\u003c/li>\n\u003c/ul>\n\u003cp>Several states, including Oregon, Illinois, plus Washington, D.C., have already enacted legislation to restrict prison-to-ICE transfers.\u003c/p>\n\u003cp>Law enforcement groups that had opposed the broader VISION Act took no position on the HOME Act, so the bill faced no organized opposition.\u003c/p>\n\u003cp>In California, sanctuary laws prevent local police and sheriffs from cooperating in immigration enforcement much of the time. But there’s a broad exemption for prisons. CDCR documents recently obtained under public records laws by the ACLU of Northern California show that in just two months last year California turned over 200 people to ICE after they’d served their time in prison. In addition, the records show, incarcerated people who have been flagged for ICE are barred from many re-entry programs in prison.\u003c/p>\n\u003cp>“The Governor may claim that he supports rehabilitation and second chances,” said the ICE Out of California Coalition. “Yet he cannot praise rehabilitation in one breath, but condone the racist targeting of immigrants for detention and deportation in the next.”\u003c/p>\n\u003cp>One person who knows the toll of the current policy is Los Angeles resident Sandra Castañeda. She served 19 years of a 40-year murder sentence she received for driving a van out of which a man shot and killed someone. But her conviction was vacated after California reformed a law that had caused people like her to be sentenced for murders they did not commit. In addition, Newsom commuted her sentence, based on her rehabilitation in prison.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11943030,news_11946255","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But instead of going home, Castañeda, who’s had a legal green card since she was 9, spent an additional year in ICE detention fighting until her deportation case was dropped by an immigration judge last year. She said she feels devastated for other immigrants who will suffer a similar fate.\u003c/p>\n\u003cp>“It’s like a slap in the face,” she said of the governor’s veto. “He commuted me! We’ve been rehabilitated, and then you want us to get deported? But the fight doesn’t stop here. Hopefully someday somebody will realize that this law should pass.”\u003c/p>\n\u003cp>Meanwhile, another criminal justice bill that was well on its way to the governor’s desk was pulled back at the last minute. Lawmakers carrying the California Mandela Act (AB 280) — a bill to restrict the use of solitary confinement in jails, prisons and ICE facilities — decided to make it a two-year bill after indications that Newsom would veto it.\u003c/p>\n\u003cp>The bill had passed the Assembly and the state Senate but the two houses have yet to concur on amendments. But the Mandela Act faces opposition from law enforcement groups. Supporters of that bill say they will try to establish a productive dialogue with Newsom and move it forward next year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11962387/advocates-vow-to-fight-on-after-newsom-vetoes-bill-to-end-some-transfers-from-prison-to-ice","authors":["259"],"categories":["news_31795","news_1169","news_6188","news_8","news_13"],"tags":["news_33168","news_21027","news_20202","news_17968"],"featImg":"news_11962420","label":"news"},"news_11946255":{"type":"posts","id":"news_11946255","meta":{"index":"posts_1591205157","site":"news","id":"11946255","score":null,"sort":[1681218063000]},"guestAuthors":[],"slug":"california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice","title":"California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE","publishDate":1681218063,"format":"standard","headTitle":"California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE | KQED","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A bill that would restrict California prisons from handing certain people over to immigration authorities upon their release gets its first hearing in the state Assembly this morning.\u003c/p>\n\u003cp>The bill, known as the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1306\">HOME Act\u003c/a>, takes a more targeted approach than its predecessor, the VISION Act, \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">which narrowly failed in the state Legislature\u003c/a> last August.\u003c/p>\n\u003cp>Rather than block all transfers from prison to U.S. Immigration and Customs Enforcement (ICE), the HOME Act would protect noncitizens from being turned over to federal authorities \u003cem>if \u003c/em>the governor has granted them clemency, or they’ve been released from prison due to any of several criminal justice reform laws recently enacted in California.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Wendy Carrillo (D-Echo Park), says that when the Legislature passed those reforms — aimed at \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\">reducing over-incarceration and racial disparities\u003c/a> in the criminal justice system, and \u003ca href=\"https://www.gov.ca.gov/2019/10/08/governor-newsom-signs-criminal-justice-bills-to-support-reentry-victims-of-crime-and-sentencing-reform/\">offering second chances\u003c/a> — she doesn’t believe lawmakers meant to exclude immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11946264\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946264\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/GettyImages-1229455864-800x555.jpg\" alt='A Latina woman speaks into a microphone behind a dais with a sign that reads \"Los Angeles County Democratic Party.\"' width=\"800\" height=\"555\">\u003cfigcaption class=\"wp-caption-text\">Assemblymember Wendy Carrillo speaks during the Los Angeles County Democratic Party election night drive-in watch party at the Los Angeles Zoo parking lot on Tuesday, Nov. 3, 2020. \u003ccite>(Myung J. Chun/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yet the state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home,” she said. “It is a complete injustice in our judicial system.”\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents with green cards can lose their status and be deported if they have committed certain crimes. Undocumented immigrants who lack legal status are also deportable, though in recent years, \u003ca href=\"https://www.gov.ca.gov/2021/09/24/governor-newsom-signs-suite-of-legislation-to-support-californias-immigrant-communities-and-remove-outdated-term-alien-from-state-codes/\">California has enacted a range of policies to support all immigrants\u003c/a>, including those who are unauthorized.\u003c/p>\n\u003ch2>Legal tug-of-war\u003c/h2>\n\u003cp>One person who could have benefited from the HOME Act is \u003ca href=\"https://www.kqed.org/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war\">Sandra Castañeda, a Los Angeles woman who was released from prison in 2021, after 19 years behind bars\u003c/a>.\u003c/p>\n\u003cp>Castañeda had been convicted of second-degree murder in 2002 after a teenager was killed when a man fired from the window of Castañeda’s van as she drove acquaintances to Taco Bell. The shooter was never arrested, and, though she had no criminal record, Castañeda was sent away for 40 years-to-life for the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11946279\" class=\"wp-caption alignright\" style=\"max-width: 477px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11946279\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg\" alt=\"A white van seen behind a prison fence at the prison entrance as people stand beside it.\" width=\"477\" height=\"358\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg 477w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498-160x120.jpg 160w\" sizes=\"(max-width: 477px) 100vw, 477px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is loaded into a van from US Immigration and Customs Enforcement inside the gates of the California Institution for Women on the day of her release from prison, July 27, 2021. \u003ccite>(Courtesy of Colby Lenz/California Coalition for Women Prisoners)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in 2018 the state Legislature narrowed the “felony murder” law, which allowed for murder charges for people like Castañeda, who were present at a murder but did not themselves kill anyone. And a state judge vacated her conviction and ordered her freed.\u003c/p>\n\u003cp>Yet rather than let Castañeda go home to her family, prison officials arranged for ICE to take her into custody on the day of her release. She spent another year incarcerated at an ICE detention center in rural Georgia, fighting deportation.\u003c/p>\n\u003cp>Though Castañeda has been a legal U.S. resident since age 9, she had never become a citizen, and ICE officials argued that her conviction — even though it had been overturned — was grounds to remove her from the country. An immigration judge has since ruled she’s not deportable because she now has only a misdemeanor on her record, but ICE is appealing.\u003c/p>\n\u003ch2>Mending the heartbreak\u003c/h2>\n\u003cp>Castañeda, now 41, will testify at this morning’s state Assembly hearing, calling on lawmakers to pass the HOME Act and to allow people like herself, who’ve earned their release, to be able to return to their loved ones. (She not only had her conviction overturned, based on the change in the felony murder law, but also had her sentence commuted by Gov. Gavin Newsom and won early parole based on her rehabilitation.)\u003c/p>\n\u003cp>“I want them to see what they do to our families and to ourselves,” she said. “I want them to see the heartbreak.”\u003c/p>\n\u003cfigure id=\"attachment_11946280\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946280\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg\" alt=\"A middle-aged Latina woman with a black shirt sits on a couch and smiles to the camera.\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at home in Hawthorne, Los Angeles County, on Aug. 9, 2022, shortly after she was released from a year in immigration detention. Castañeda plans to testify to the state Assembly in favor of the HOME Act, a bill that would allow certain immigrants like herself to be protected from transfer to ICE upon their release from prison. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda recalled her own sense of fear and powerlessness when, after a years-long effort to be released and the uncertainty over how to build a new life as a free woman, she learned that she faced an immigration hold.\u003c/p>\n\u003cp>“You’re already dealing with the roller coaster emotions of coming home. And then they tell you, ‘Oh, never mind, you’re going to go to ICE.’ So now I’ve got to go sit at this place wondering if I’m going to get deported,” she recalled. “That really puts more stress on people. And being in the detention center, you hear about these people committing suicide because they don’t want to go back to their country. It’s a scary situation.”\u003c/p>\n\u003cp>The HOME Act, AB 1306, would bar prisons from handing over to ICE those noncitizens who are being released as a result of several recent criminal justice reform laws passed by the Legislature and signed by Newsom or his predecessor, Jerry Brown. They include:\u003c/p>\n\u003cul>\n\u003cli>People eligible for compassionate release or parole because they are older or suffering severe medical conditions.\u003c/li>\n\u003cli>People eligible for early parole after serving a set amount of time because their crimes were committed in their youth.\u003c/li>\n\u003cli>People whose crimes were a direct result of having been victims of sexual assault or domestic violence.\u003c/li>\n\u003cli>People eligible for release because they demonstrate that racial bias affected their case.\u003c/li>\n\u003cli>People, like Castañeda, eligible for resentencing because they were originally convicted under the felony murder rule but did not kill anyone.\u003c/li>\n\u003c/ul>\n\u003cp>The bill would also protect people whose sentences were commuted by the governor. And, where the unsuccessful \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">VISION Act also would have banned transfers from local jails to ICE\u003c/a>, the HOME Act only focuses on restricting transfers by the California Department of Corrections and Rehabilitation, or CDCR.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Immigration agents could still track people down once they are back in their communities, take them into custody and initiate deportation proceedings. But California authorities would be limiting their participation in the process. Illinois, Oregon and Washington, D.C., have already ended prison-to-ICE transfers.\u003c/p>\n\u003ch2>Law enforcement concerns\u003c/h2>\n\u003cp>A spokesperson for ICE said the agency does not comment on pending legislation. But on background, she added that immigration detainers, leading to transfers within the controlled environment of a prison or jail, are “a critical public safety tool” that conserves government resources and protects the public from the risk that the person will reoffend.\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration detainer\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.[pullquote align=\"right\" size=\"medium\" citation=\"Assemblymember Wendy Carrillo\"]‘[T]he state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home. It is a complete injustice in our judicial system.’[/pullquote]Police and sheriffs’ groups opposed the broader VISION Act in the last legislative session. In \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">a joint statement\u003c/a>, they said, “We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement.”\u003c/p>\n\u003cp>A spokesperson for the Peace Officers Research Association of California said the group’s board had not yet considered its stance on the HOME Act, which generally would not shield people deemed “dangerous” from ICE, but he expected board members to take it up at their next meeting.\u003c/p>\n\u003cp>The VISION Act failed in the state Senate last year by three votes, with all Republicans and three Democrats voting against it, as well as nine Democrats who did not vote.\u003c/p>\n\u003cp>None of the three Senate Democrats who opposed the VISION Act — Susan Eggman, Steve Glazer and Bill Dodd — would comment on the HOME Act.\u003c/p>\n\u003ch2>Ending double punishment\u003c/h2>\n\u003cp>Carrillo, author of both the VISION Act and the HOME Act, noted that this year’s version is much more narrowly focused, and that she’s hopeful it will win widespread support with last year’s holdouts and newly elected lawmakers.\u003c/p>\n\u003cp>“At the end of the day, we are saying that the state of California will treat all people equally, regardless of where they were born,” she said. “We also want the Biden administration to acknowledge what we’re doing in the state of California and figure out a way in which ICE is not being used as a tool to further incarcerate immigrants.”[aside postID=news_11938736 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg']Angela Chan, an immigration expert at the San Francisco Public Defender’s office who helped craft the bill, said the Legislature overwhelmingly supported the recent criminal justice reforms with a recognition that excessive sentencing was harming Black and Latino communities — and she hoped they would see that turning immigrants over to ICE subjects them to a double punishment.\u003c/p>\n\u003cp>The bill “gets our legislative members and the governor to really think about these individuals that are being turned over to ICE as human beings, as people who have gone through a lot … domestic violence survivors, young refugees, elderly folks, people with medical conditions,” she said. “And [it’s cause] for them to think about the harm to both these individuals and to their families and communities, when we allow our state resources to turn them over to ICE once they’ve earned release.”\u003c/p>\n\u003cp>Castañeda took time off from her job in a reentry program run by Homeboy Industries to catch a ride from LA to the state Capitol on Monday with Tin Nguyen, whose life sentence also was commuted by Newsom and who is also scheduled to address the Assembly Public Safety Committee.\u003c/p>\n\u003cp>“I’m working, helping my community as much as I can,” said Castañeda, who hopes to study and become an immigration law paralegal. “It’s sad that they want to go after people like that. We messed up and we’re trying to give back and fix it and help other people. I get it that not everybody comes with that mentality, but a lot of us do … We had to work hard to be able to get a second chance.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The bill’s author, Assemblymember Wendy Carrillo, says California has created a 'dual system of justice' and that her bill would offer crucial protection to immigrants who have served their sentences so they can be given 'the opportunity to restart their lives and go home.'","status":"publish","parent":0,"modified":1681232227,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1910},"headData":{"title":"California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE | KQED","description":"The bill’s author, Assemblymember Wendy Carrillo, says California has created a 'dual system of justice' and that her bill would offer crucial protection to immigrants who have served their sentences so they can be given 'the opportunity to restart their lives and go home.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE","datePublished":"2023-04-11T13:01:03.000Z","dateModified":"2023-04-11T16:57:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/f20326d9-cb17-4a0e-98ad-afe100fcbaea/audio.mp3","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946255/california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill that would restrict California prisons from handing certain people over to immigration authorities upon their release gets its first hearing in the state Assembly this morning.\u003c/p>\n\u003cp>The bill, known as the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1306\">HOME Act\u003c/a>, takes a more targeted approach than its predecessor, the VISION Act, \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">which narrowly failed in the state Legislature\u003c/a> last August.\u003c/p>\n\u003cp>Rather than block all transfers from prison to U.S. Immigration and Customs Enforcement (ICE), the HOME Act would protect noncitizens from being turned over to federal authorities \u003cem>if \u003c/em>the governor has granted them clemency, or they’ve been released from prison due to any of several criminal justice reform laws recently enacted in California.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Wendy Carrillo (D-Echo Park), says that when the Legislature passed those reforms — aimed at \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\">reducing over-incarceration and racial disparities\u003c/a> in the criminal justice system, and \u003ca href=\"https://www.gov.ca.gov/2019/10/08/governor-newsom-signs-criminal-justice-bills-to-support-reentry-victims-of-crime-and-sentencing-reform/\">offering second chances\u003c/a> — she doesn’t believe lawmakers meant to exclude immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11946264\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946264\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/GettyImages-1229455864-800x555.jpg\" alt='A Latina woman speaks into a microphone behind a dais with a sign that reads \"Los Angeles County Democratic Party.\"' width=\"800\" height=\"555\">\u003cfigcaption class=\"wp-caption-text\">Assemblymember Wendy Carrillo speaks during the Los Angeles County Democratic Party election night drive-in watch party at the Los Angeles Zoo parking lot on Tuesday, Nov. 3, 2020. \u003ccite>(Myung J. Chun/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yet the state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home,” she said. “It is a complete injustice in our judicial system.”\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents with green cards can lose their status and be deported if they have committed certain crimes. Undocumented immigrants who lack legal status are also deportable, though in recent years, \u003ca href=\"https://www.gov.ca.gov/2021/09/24/governor-newsom-signs-suite-of-legislation-to-support-californias-immigrant-communities-and-remove-outdated-term-alien-from-state-codes/\">California has enacted a range of policies to support all immigrants\u003c/a>, including those who are unauthorized.\u003c/p>\n\u003ch2>Legal tug-of-war\u003c/h2>\n\u003cp>One person who could have benefited from the HOME Act is \u003ca href=\"https://www.kqed.org/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war\">Sandra Castañeda, a Los Angeles woman who was released from prison in 2021, after 19 years behind bars\u003c/a>.\u003c/p>\n\u003cp>Castañeda had been convicted of second-degree murder in 2002 after a teenager was killed when a man fired from the window of Castañeda’s van as she drove acquaintances to Taco Bell. The shooter was never arrested, and, though she had no criminal record, Castañeda was sent away for 40 years-to-life for the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11946279\" class=\"wp-caption alignright\" style=\"max-width: 477px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11946279\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg\" alt=\"A white van seen behind a prison fence at the prison entrance as people stand beside it.\" width=\"477\" height=\"358\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg 477w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498-160x120.jpg 160w\" sizes=\"(max-width: 477px) 100vw, 477px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is loaded into a van from US Immigration and Customs Enforcement inside the gates of the California Institution for Women on the day of her release from prison, July 27, 2021. \u003ccite>(Courtesy of Colby Lenz/California Coalition for Women Prisoners)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in 2018 the state Legislature narrowed the “felony murder” law, which allowed for murder charges for people like Castañeda, who were present at a murder but did not themselves kill anyone. And a state judge vacated her conviction and ordered her freed.\u003c/p>\n\u003cp>Yet rather than let Castañeda go home to her family, prison officials arranged for ICE to take her into custody on the day of her release. She spent another year incarcerated at an ICE detention center in rural Georgia, fighting deportation.\u003c/p>\n\u003cp>Though Castañeda has been a legal U.S. resident since age 9, she had never become a citizen, and ICE officials argued that her conviction — even though it had been overturned — was grounds to remove her from the country. An immigration judge has since ruled she’s not deportable because she now has only a misdemeanor on her record, but ICE is appealing.\u003c/p>\n\u003ch2>Mending the heartbreak\u003c/h2>\n\u003cp>Castañeda, now 41, will testify at this morning’s state Assembly hearing, calling on lawmakers to pass the HOME Act and to allow people like herself, who’ve earned their release, to be able to return to their loved ones. (She not only had her conviction overturned, based on the change in the felony murder law, but also had her sentence commuted by Gov. Gavin Newsom and won early parole based on her rehabilitation.)\u003c/p>\n\u003cp>“I want them to see what they do to our families and to ourselves,” she said. “I want them to see the heartbreak.”\u003c/p>\n\u003cfigure id=\"attachment_11946280\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11946280\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg\" alt=\"A middle-aged Latina woman with a black shirt sits on a couch and smiles to the camera.\" width=\"800\" height=\"572\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1020x729.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1536x1098.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at home in Hawthorne, Los Angeles County, on Aug. 9, 2022, shortly after she was released from a year in immigration detention. Castañeda plans to testify to the state Assembly in favor of the HOME Act, a bill that would allow certain immigrants like herself to be protected from transfer to ICE upon their release from prison. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda recalled her own sense of fear and powerlessness when, after a years-long effort to be released and the uncertainty over how to build a new life as a free woman, she learned that she faced an immigration hold.\u003c/p>\n\u003cp>“You’re already dealing with the roller coaster emotions of coming home. And then they tell you, ‘Oh, never mind, you’re going to go to ICE.’ So now I’ve got to go sit at this place wondering if I’m going to get deported,” she recalled. “That really puts more stress on people. And being in the detention center, you hear about these people committing suicide because they don’t want to go back to their country. It’s a scary situation.”\u003c/p>\n\u003cp>The HOME Act, AB 1306, would bar prisons from handing over to ICE those noncitizens who are being released as a result of several recent criminal justice reform laws passed by the Legislature and signed by Newsom or his predecessor, Jerry Brown. They include:\u003c/p>\n\u003cul>\n\u003cli>People eligible for compassionate release or parole because they are older or suffering severe medical conditions.\u003c/li>\n\u003cli>People eligible for early parole after serving a set amount of time because their crimes were committed in their youth.\u003c/li>\n\u003cli>People whose crimes were a direct result of having been victims of sexual assault or domestic violence.\u003c/li>\n\u003cli>People eligible for release because they demonstrate that racial bias affected their case.\u003c/li>\n\u003cli>People, like Castañeda, eligible for resentencing because they were originally convicted under the felony murder rule but did not kill anyone.\u003c/li>\n\u003c/ul>\n\u003cp>The bill would also protect people whose sentences were commuted by the governor. And, where the unsuccessful \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">VISION Act also would have banned transfers from local jails to ICE\u003c/a>, the HOME Act only focuses on restricting transfers by the California Department of Corrections and Rehabilitation, or CDCR.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Immigration agents could still track people down once they are back in their communities, take them into custody and initiate deportation proceedings. But California authorities would be limiting their participation in the process. Illinois, Oregon and Washington, D.C., have already ended prison-to-ICE transfers.\u003c/p>\n\u003ch2>Law enforcement concerns\u003c/h2>\n\u003cp>A spokesperson for ICE said the agency does not comment on pending legislation. But on background, she added that immigration detainers, leading to transfers within the controlled environment of a prison or jail, are “a critical public safety tool” that conserves government resources and protects the public from the risk that the person will reoffend.\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration detainer\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘[T]he state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home. It is a complete injustice in our judicial system.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Assemblymember Wendy Carrillo","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Police and sheriffs’ groups opposed the broader VISION Act in the last legislative session. In \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">a joint statement\u003c/a>, they said, “We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement.”\u003c/p>\n\u003cp>A spokesperson for the Peace Officers Research Association of California said the group’s board had not yet considered its stance on the HOME Act, which generally would not shield people deemed “dangerous” from ICE, but he expected board members to take it up at their next meeting.\u003c/p>\n\u003cp>The VISION Act failed in the state Senate last year by three votes, with all Republicans and three Democrats voting against it, as well as nine Democrats who did not vote.\u003c/p>\n\u003cp>None of the three Senate Democrats who opposed the VISION Act — Susan Eggman, Steve Glazer and Bill Dodd — would comment on the HOME Act.\u003c/p>\n\u003ch2>Ending double punishment\u003c/h2>\n\u003cp>Carrillo, author of both the VISION Act and the HOME Act, noted that this year’s version is much more narrowly focused, and that she’s hopeful it will win widespread support with last year’s holdouts and newly elected lawmakers.\u003c/p>\n\u003cp>“At the end of the day, we are saying that the state of California will treat all people equally, regardless of where they were born,” she said. “We also want the Biden administration to acknowledge what we’re doing in the state of California and figure out a way in which ICE is not being used as a tool to further incarcerate immigrants.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11938736","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Angela Chan, an immigration expert at the San Francisco Public Defender’s office who helped craft the bill, said the Legislature overwhelmingly supported the recent criminal justice reforms with a recognition that excessive sentencing was harming Black and Latino communities — and she hoped they would see that turning immigrants over to ICE subjects them to a double punishment.\u003c/p>\n\u003cp>The bill “gets our legislative members and the governor to really think about these individuals that are being turned over to ICE as human beings, as people who have gone through a lot … domestic violence survivors, young refugees, elderly folks, people with medical conditions,” she said. “And [it’s cause] for them to think about the harm to both these individuals and to their families and communities, when we allow our state resources to turn them over to ICE once they’ve earned release.”\u003c/p>\n\u003cp>Castañeda took time off from her job in a reentry program run by Homeboy Industries to catch a ride from LA to the state Capitol on Monday with Tin Nguyen, whose life sentence also was commuted by Newsom and who is also scheduled to address the Assembly Public Safety Committee.\u003c/p>\n\u003cp>“I’m working, helping my community as much as I can,” said Castañeda, who hopes to study and become an immigration law paralegal. “It’s sad that they want to go after people like that. We messed up and we’re trying to give back and fix it and help other people. I get it that not everybody comes with that mentality, but a lot of us do … We had to work hard to be able to get a second chance.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946255/california-bill-would-protect-immigrants-freed-under-criminal-justice-reforms-from-being-handed-to-ice","authors":["259"],"programs":["news_72"],"categories":["news_31795","news_1169","news_6188","news_8"],"tags":["news_32224","news_1629","news_27626","news_21027","news_20202","news_19954","news_32623","news_20529","news_32620"],"featImg":"news_11946335","label":"news_72"},"news_11943030":{"type":"posts","id":"news_11943030","meta":{"index":"posts_1591205157","site":"news","id":"11943030","score":null,"sort":[1678392001000]},"guestAuthors":[],"slug":"ice-aburptly-transfers-4-detainee-hunger-strikers-from-california-to-texas-sparking-fears-of-force-feeding","title":"ICE Abruptly Transfers 4 Detainee Hunger Strikers From California to Texas, Sparking Fears of Force-Feeding","publishDate":1678392001,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cb>Update, 2 p.m. Thursday: \u003c/b>The four hunger strikers, transferred this week from California to an El Paso detention facility, ate lunch on Thursday after reportedly being threatened with force-feeding, one of their attorneys said.\u003c/p>\n\u003cp>\u003cb>Original story, 12 p.m. Thursday: \u003c/b>Four California detainees participating in a hunger strike to protest conditions inside a Kern County immigration jail were forcibly transferred this week to a Texas detention center, ostensibly for medical care.\u003c/p>\n\u003cp>Advocates for the men, who had not eaten food for 20 days, say they believe the transfers are an attempt to break up the hunger strike, which involves dozens of detainees at two U.S. Immigration and Customs Enforcement facilities in the Central Valley. Lawyers for the hunger strikers have asked a judge to order ICE not to relocate the men or retaliate against them.[pullquote align=\"right\" size=\"medium\" citation=\"Edwin Carmona-Cruz, spokesperson, California Collaborative for Immigrant Justice\"]'People are very afraid, very shaken up. In fact, one of the individuals said that it was literally like a terror scene out of a movie.'[/pullquote]“It's evident that ICE operates as a rogue agency and does whatever they want,” said Edwin Carmona-Cruz, spokesperson for the California Collaborative for Immigrant Justice (CCIJ), which represents Pedro Figueroa, one of the four men who were transferred. “If they were really concerned about our client's safety, they would have paid attention and listened to his grievances.”\u003c/p>\n\u003cp>The transfer of the men out of the Mesa Verde ICE Processing Center in Bakersfield began Tuesday morning and was partially captured on a video call between Figueroa and attorney, Eva Umejido, who in a legal declaration said she spotted several officers in military gear walking around the dorm. Then the screen shook and the video paused but the audio stream continued, Umejido said, and she could hear Figueroa screaming, “You’re hurting my wrist,” and “I am not resisting.”\u003c/p>\n\u003cp>Advocates say the attorney-client phone line was inoperable for several hours while the men were being seized, so other detainees were unable to reach their lawyers and tell them what was happening.\u003c/p>\n\u003cfigure id=\"attachment_11943110\" class=\"wp-caption alignright\" style=\"max-width: 309px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11943110\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\" alt=\"A screenshot of a video call, showing a blurred faced of a detained man, with a glimpse of a guard in military gear in the background.\" width=\"309\" height=\"392\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png 472w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m.-160x203.png 160w\" sizes=\"(max-width: 309px) 100vw, 309px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A hunger striker in the Mesa Verde ICE Processing Center participates in a video call on March 7, 2023, just before he and three other men are handcuffed and removed from the dormitory and transferred to a facility in El Paso, Texas. An ICE agent in tactical gear can be seen in the background. The detained man's face has been blurred to protect his identity because he fears retaliation by ICE officials. \u003ccite>(Photo obtained by KQED from a hunger-strike supporter)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hours later, lawyers for the four men received emails from ICE saying their clients were “being transferred based on the recommendation by the onsite medical authority to the IHSC facility located in El Paso, Texas, for a higher level of medical care.”\u003c/p>\n\u003cp>On Wednesday, one of the men transferred to El Paso told advocates he was shocked and profoundly demoralized by what he called inhumane treatment.\u003c/p>\n\u003cp>“They dragged [one of us] out of the cell. What are we? If we’re not human beings, then what are we to them?” said the man, who declined to be identified out of fear of further retaliation. “If there’s a law that protects us to do a peaceful protest, where is that law now? I’ve never experienced anything like that. I had never been touched like that, treated like that.”\u003c/p>\n\u003cp>California Sen. Alex Padilla and Rep. Zoe Lofgren (D-San José), who have called on ICE to investigate conditions at the Mesa Verde facility and the nearby Golden State Annex, asked the agency on Tuesday for information about the transfers but had not received a response as of midday Thursday, according to their offices.\u003c/p>\n\u003cp>Lofgren has also said she wants ICE to conduct a case-by-case review of each of the hunger strikers’ requests to be released while their cases proceed through immigration court.\u003c/p>\n\u003cp>“Honestly, if somebody goes on a hunger strike, it's not for a frivolous reason,” she told KQED. “To refuse all food — people don't do that for no reason. And so I take this very seriously, and I hope that the department will take it more seriously than they have so far.”\u003c/p>\n\u003cp>ICE did not respond to KQED’s questions about the transferred men or the other hunger strikers at the two facilities.\u003c/p>\n\u003cp>The hunger strike began on Feb. 17, among 84 immigrants held at the two detention centers, which are owned and operated by the private-prison company The GEO Group. The action marks an escalation of a 10-month-long labor strike in protest over $1-per-day pay for the janitorial work done by detainees. Strikers say they are also protesting poor conditions — including claims of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation — and are asking to be released.[aside label=\"Related Stories\" postID=\"news_11942414,news_11941677,news_11919161\"]On Tuesday, when the transfers happened, 33 men were still fasting in the two facilities. But on Wednesday, the Mesa Verde hunger strikers gave up their protest out of fear they would also be shipped away, advocates said. Those participating in the protest at Golden State Annex were reportedly still refusing food.\u003c/p>\n\u003cp>“People are very afraid, very shaken up,” Carmona-Cruz said. “In fact, one of the individuals said that it was literally like a terror scene out of a movie.”\u003c/p>\n\u003cp>Carmona-Cruz said he was able to speak Wednesday morning with Figueroa, a formerly incarcerated California firefighter, and another man who was also transferred to the El Paso Service Processing Center. He said both men were weak, and distressed by the experience. And both told him that ICE officials had let them know they planned to request a court order to force-feed them and draw their blood.\u003c/p>\n\u003cp>According to ICE detention policy, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/4-2.pdf\">the agency must obtain a court order to administer “involuntary sustenance” (PDF)\u003c/a>.\u003c/p>\n\u003cp>In 2019, in response to \u003ca href=\"https://www.kqed.org/news/11731457/indian-asylum-seekers-in-ice-detention-seek-release-as-hunger-strike-enters-third-month\">ICE’s force-feeding of several Indian men\u003c/a> at the El Paso facility, the \u003ca href=\"https://apnews.com/article/immigration-united-nations-north-america-tx-state-wire-united-states-e0941d7d1b0d413b9d9a0b792c34dd26\">United Nations human rights office\u003c/a> said that subjecting detained immigrants to such coercive procedures could be in breach of the U.N. Convention Against Torture.\u003c/p>\n\u003cp>If any of the California hunger strikers needed medical care, they should have been transferred to a local hospital, not flown to El Paso, Carmona-Cruz said. Instead, he said, the men told him they were transported by van and airplane to Texas, with no medical personnel involved.\u003c/p>\n\u003cp>“There was no medical attention in that process. So none of the reasoning why they were being transferred makes any sense,” he said. “It’s clear to us that the facility is retaliating against Pedro under the guise of medical care.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Immigration authorities say the transfer is intended to provide a 'higher level of medical care.' But advocates fear ICE will attempt to force-feed the hunger strikers, and call the move an effort to break up the weeks-long protest over detention conditions.","status":"publish","parent":0,"modified":1678400971,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":1173},"headData":{"title":"ICE Abruptly Transfers 4 Detainee Hunger Strikers From California to Texas, Sparking Fears of Force-Feeding | KQED","description":"Immigration authorities say the transfer is intended to provide a 'higher level of medical care.' But advocates fear ICE will attempt to force-feed the hunger strikers, and call the move an effort to break up the weeks-long protest over detention conditions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"ICE Abruptly Transfers 4 Detainee Hunger Strikers From California to Texas, Sparking Fears of Force-Feeding","datePublished":"2023-03-09T20:00:01.000Z","dateModified":"2023-03-09T22:29:31.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11943030/ice-aburptly-transfers-4-detainee-hunger-strikers-from-california-to-texas-sparking-fears-of-force-feeding","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Update, 2 p.m. Thursday: \u003c/b>The four hunger strikers, transferred this week from California to an El Paso detention facility, ate lunch on Thursday after reportedly being threatened with force-feeding, one of their attorneys said.\u003c/p>\n\u003cp>\u003cb>Original story, 12 p.m. Thursday: \u003c/b>Four California detainees participating in a hunger strike to protest conditions inside a Kern County immigration jail were forcibly transferred this week to a Texas detention center, ostensibly for medical care.\u003c/p>\n\u003cp>Advocates for the men, who had not eaten food for 20 days, say they believe the transfers are an attempt to break up the hunger strike, which involves dozens of detainees at two U.S. Immigration and Customs Enforcement facilities in the Central Valley. Lawyers for the hunger strikers have asked a judge to order ICE not to relocate the men or retaliate against them.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'People are very afraid, very shaken up. In fact, one of the individuals said that it was literally like a terror scene out of a movie.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Edwin Carmona-Cruz, spokesperson, California Collaborative for Immigrant Justice","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It's evident that ICE operates as a rogue agency and does whatever they want,” said Edwin Carmona-Cruz, spokesperson for the California Collaborative for Immigrant Justice (CCIJ), which represents Pedro Figueroa, one of the four men who were transferred. “If they were really concerned about our client's safety, they would have paid attention and listened to his grievances.”\u003c/p>\n\u003cp>The transfer of the men out of the Mesa Verde ICE Processing Center in Bakersfield began Tuesday morning and was partially captured on a video call between Figueroa and attorney, Eva Umejido, who in a legal declaration said she spotted several officers in military gear walking around the dorm. Then the screen shook and the video paused but the audio stream continued, Umejido said, and she could hear Figueroa screaming, “You’re hurting my wrist,” and “I am not resisting.”\u003c/p>\n\u003cp>Advocates say the attorney-client phone line was inoperable for several hours while the men were being seized, so other detainees were unable to reach their lawyers and tell them what was happening.\u003c/p>\n\u003cfigure id=\"attachment_11943110\" class=\"wp-caption alignright\" style=\"max-width: 309px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11943110\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\" alt=\"A screenshot of a video call, showing a blurred faced of a detained man, with a glimpse of a guard in military gear in the background.\" width=\"309\" height=\"392\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png 472w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m.-160x203.png 160w\" sizes=\"(max-width: 309px) 100vw, 309px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A hunger striker in the Mesa Verde ICE Processing Center participates in a video call on March 7, 2023, just before he and three other men are handcuffed and removed from the dormitory and transferred to a facility in El Paso, Texas. An ICE agent in tactical gear can be seen in the background. The detained man's face has been blurred to protect his identity because he fears retaliation by ICE officials. \u003ccite>(Photo obtained by KQED from a hunger-strike supporter)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hours later, lawyers for the four men received emails from ICE saying their clients were “being transferred based on the recommendation by the onsite medical authority to the IHSC facility located in El Paso, Texas, for a higher level of medical care.”\u003c/p>\n\u003cp>On Wednesday, one of the men transferred to El Paso told advocates he was shocked and profoundly demoralized by what he called inhumane treatment.\u003c/p>\n\u003cp>“They dragged [one of us] out of the cell. What are we? If we’re not human beings, then what are we to them?” said the man, who declined to be identified out of fear of further retaliation. “If there’s a law that protects us to do a peaceful protest, where is that law now? I’ve never experienced anything like that. I had never been touched like that, treated like that.”\u003c/p>\n\u003cp>California Sen. Alex Padilla and Rep. Zoe Lofgren (D-San José), who have called on ICE to investigate conditions at the Mesa Verde facility and the nearby Golden State Annex, asked the agency on Tuesday for information about the transfers but had not received a response as of midday Thursday, according to their offices.\u003c/p>\n\u003cp>Lofgren has also said she wants ICE to conduct a case-by-case review of each of the hunger strikers’ requests to be released while their cases proceed through immigration court.\u003c/p>\n\u003cp>“Honestly, if somebody goes on a hunger strike, it's not for a frivolous reason,” she told KQED. “To refuse all food — people don't do that for no reason. And so I take this very seriously, and I hope that the department will take it more seriously than they have so far.”\u003c/p>\n\u003cp>ICE did not respond to KQED’s questions about the transferred men or the other hunger strikers at the two facilities.\u003c/p>\n\u003cp>The hunger strike began on Feb. 17, among 84 immigrants held at the two detention centers, which are owned and operated by the private-prison company The GEO Group. The action marks an escalation of a 10-month-long labor strike in protest over $1-per-day pay for the janitorial work done by detainees. Strikers say they are also protesting poor conditions — including claims of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation — and are asking to be released.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11942414,news_11941677,news_11919161"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>On Tuesday, when the transfers happened, 33 men were still fasting in the two facilities. But on Wednesday, the Mesa Verde hunger strikers gave up their protest out of fear they would also be shipped away, advocates said. Those participating in the protest at Golden State Annex were reportedly still refusing food.\u003c/p>\n\u003cp>“People are very afraid, very shaken up,” Carmona-Cruz said. “In fact, one of the individuals said that it was literally like a terror scene out of a movie.”\u003c/p>\n\u003cp>Carmona-Cruz said he was able to speak Wednesday morning with Figueroa, a formerly incarcerated California firefighter, and another man who was also transferred to the El Paso Service Processing Center. He said both men were weak, and distressed by the experience. And both told him that ICE officials had let them know they planned to request a court order to force-feed them and draw their blood.\u003c/p>\n\u003cp>According to ICE detention policy, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/4-2.pdf\">the agency must obtain a court order to administer “involuntary sustenance” (PDF)\u003c/a>.\u003c/p>\n\u003cp>In 2019, in response to \u003ca href=\"https://www.kqed.org/news/11731457/indian-asylum-seekers-in-ice-detention-seek-release-as-hunger-strike-enters-third-month\">ICE’s force-feeding of several Indian men\u003c/a> at the El Paso facility, the \u003ca href=\"https://apnews.com/article/immigration-united-nations-north-america-tx-state-wire-united-states-e0941d7d1b0d413b9d9a0b792c34dd26\">United Nations human rights office\u003c/a> said that subjecting detained immigrants to such coercive procedures could be in breach of the U.N. Convention Against Torture.\u003c/p>\n\u003cp>If any of the California hunger strikers needed medical care, they should have been transferred to a local hospital, not flown to El Paso, Carmona-Cruz said. Instead, he said, the men told him they were transported by van and airplane to Texas, with no medical personnel involved.\u003c/p>\n\u003cp>“There was no medical attention in that process. So none of the reasoning why they were being transferred makes any sense,” he said. “It’s clear to us that the facility is retaliating against Pedro under the guise of medical care.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11943030/ice-aburptly-transfers-4-detainee-hunger-strikers-from-california-to-texas-sparking-fears-of-force-feeding","authors":["259"],"categories":["news_8"],"tags":["news_24238","news_21027","news_20606","news_20202","news_23454"],"featImg":"news_11943050","label":"news"},"news_11942414":{"type":"posts","id":"news_11942414","meta":{"index":"posts_1591205157","site":"news","id":"11942414","score":null,"sort":[1677872414000]},"guestAuthors":[],"slug":"with-detainee-hunger-strike-in-third-week-ice-is-failing-to-review-requests-for-freedom-advocates-say","title":"With Detainee Hunger Strike in Third Week, ICE Is Failing to Review Requests for Freedom, Advocates Say","publishDate":1677872414,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A hunger strike at two California immigration detention centers is entering its third week, and immigrant advocates say U.S. Immigration and Customs Enforcement is failing to properly consider the strikers’ requests to be released.\u003c/p>\n\u003cp>In \u003ca href=\"https://drive.google.com/file/d/1Qh8crond_WqElmsVd5K5WQAcXTRQ3El-/view\">a letter to ICE leadership\u003c/a> Wednesday, more than 100 faith-based groups, civil rights organizations and legal service providers charged that ICE is violating its own policies by not giving a thorough individual review to each detainee’s request to be released.\u003c/p>\n\u003cp>The \u003ca href=\"https://sites.google.com/ccijustice.org/mv-gsahungerstrike/home-eng?authuser=0#h.8gvmu8x9j0xs\">hunger strike began Feb. 17 with 84 men held at two for-profit detention centers\u003c/a> in Kern County, the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland, according to advocates in close touch with the detainees.\u003c/p>\n\u003cp>The men are protesting what they call “soul-crushing” living and working conditions, and launched the hunger strike as an escalation of a 10-month-long labor strike, over $1-per-day pay for janitorial work. They also complain of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation.\u003c/p>\n\u003cp>An ICE spokesperson last week confirmed the hunger strike, saying it became official under agency policy as of the evening of Feb. 19, after detainees had missed nine consecutive meals. Under ICE standards, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">medical staff are required to carefully monitor the health of hunger strikers in detention (PDF)\u003c/a>.\u003c/p>\n\u003cp>ICE officials declined to comment for this story or to say how many people it considers to be on hunger strike at the two facilities.[pullquote align=\"right\" size=\"medium\" citation=\"Aseem Mehta, attorney, Asian Law Caucus\"]'For almost one year now, the individuals in these facilities have been attempting to negotiate with ICE for better treatment ... And ICE and GEO have stonewalled them all along the way.'[/pullquote]On Thursday, roughly 40 of the men were continuing to refuse food and had only consumed liquids for 14 days, according to Aseem Mehta, attorney with the Asian Law Caucus in San Francisco who is representing the hunger strikers in \u003ca href=\"https://www.kqed.org/news/11941677/until-we-drop-hunger-strike-enters-second-week-as-immigrants-in-ice-detention-protest-conditions\">a lawsuit filed last week\u003c/a>.\u003c/p>\n\u003cp>The class-action suit alleges that ICE and The GEO Group, the company that owns and operates the prisons, have \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">tried to punish the hunger strikers (PDF)\u003c/a> by placing them in solitary confinement and denying them family visits, yard time and access to church and the law library. The retaliation violates the detainees’ First Amendment right to protest their conditions, according to the complaint.\u003c/p>\n\u003cp>“It didn't have to get to this point,” said Mehta. “For almost one year now, the individuals in these facilities have been attempting to negotiate with ICE for better treatment, better conditions and better care at the facilities. And ICE and GEO have stonewalled them all along the way.”\u003c/p>\n\u003cp>The men ultimately decided that the only thing they would accept is release from detention and that they would stop eating until they are released, he said.\u003c/p>\n\u003cp>Accordingly, 38 of the men have filed petitions with the help of lawyers — and dozens of others submitted them on their own — asking to be released while their cases proceed through the immigration courts, said Mehta.\u003c/p>\n\u003cp>Under U.S. law, certain asylum seekers, and noncitizens convicted of certain crimes, are subject to \u003ca href=\"https://crsreports.congress.gov/product/pdf/IF/IF11343\">mandatory detention while they are in deportation proceedings (PDF)\u003c/a>. But immigration attorneys argue — and ICE's own guidance states — that \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">ICE has inherent “prosecutorial discretion” to release individuals on a case-by-case basis\u003c/a>.[aside label=\"Related Stories\" postID=\"news_11941677,news_11938736\"]“ICE has the discretion and the authority to release every single one of these individuals,” said Mehta.\u003c/p>\n\u003cp>In their letter to ICE, the advocates asserted that the agency “can and must use its professional judgment to evaluate enforcement decisions in every individual case.” But they say ICE has denied nearly all of the hunger strikers’ release requests, so quickly, in many cases, that ICE could not have reviewed the evidence submitted.\u003c/p>\n\u003cp>In one example given, an individual submitted more than 200 pages of evidence in favor of release, but the request was denied just 19 minutes after it was filed. In another, a request was denied after 77 minutes, despite the fact that it included more than 100 pages of documentation.\u003c/p>\n\u003cp>“ICE has summarily denied or ignored every one of those requests, and this letter is calling upon ICE to follow the law and follow their own guidance to take an individualized review of every single request that's made to them,” said Mehta. “At bottom [ICE detainees] have a constitutional right to fair treatment and due process, and that right overrides any other consideration under the immigration laws.”\u003c/p>\n\u003cp>Meanwhile, in Louisiana, an estimated 300 immigrants detained at the Central Louisiana ICE Processing Center launched a hunger strike Thursday, demanding improved conditions and calling for their own release, according to Detention Watch Network, a coalition that seeks to end ICE detention. The detainees allege the facility, which is operated by The GEO Group, is moldy and unsanitary, and that they are not provided sufficient hygiene supplies such as toilet paper and toothpaste, according to the coalition.\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"About 40 men at two California detention centers are on their 15th day without food, advocates say. In a letter to ICE this week, they accuse ICE of violating its own policies by not giving each release request a thorough, individual review.","status":"publish","parent":0,"modified":1677883865,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":875},"headData":{"title":"With Detainee Hunger Strike in Third Week, ICE Is Failing to Review Requests for Freedom, Advocates Say | KQED","description":"About 40 men at two California detention centers are on their 15th day without food, advocates say. In a letter to ICE this week, they accuse ICE of violating its own policies by not giving each release request a thorough, individual review.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"With Detainee Hunger Strike in Third Week, ICE Is Failing to Review Requests for Freedom, Advocates Say","datePublished":"2023-03-03T19:40:14.000Z","dateModified":"2023-03-03T22:51:05.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/5e401b0d-a164-47a0-950c-afba01385075/audio.mp3","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11942414/with-detainee-hunger-strike-in-third-week-ice-is-failing-to-review-requests-for-freedom-advocates-say","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A hunger strike at two California immigration detention centers is entering its third week, and immigrant advocates say U.S. Immigration and Customs Enforcement is failing to properly consider the strikers’ requests to be released.\u003c/p>\n\u003cp>In \u003ca href=\"https://drive.google.com/file/d/1Qh8crond_WqElmsVd5K5WQAcXTRQ3El-/view\">a letter to ICE leadership\u003c/a> Wednesday, more than 100 faith-based groups, civil rights organizations and legal service providers charged that ICE is violating its own policies by not giving a thorough individual review to each detainee’s request to be released.\u003c/p>\n\u003cp>The \u003ca href=\"https://sites.google.com/ccijustice.org/mv-gsahungerstrike/home-eng?authuser=0#h.8gvmu8x9j0xs\">hunger strike began Feb. 17 with 84 men held at two for-profit detention centers\u003c/a> in Kern County, the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland, according to advocates in close touch with the detainees.\u003c/p>\n\u003cp>The men are protesting what they call “soul-crushing” living and working conditions, and launched the hunger strike as an escalation of a 10-month-long labor strike, over $1-per-day pay for janitorial work. They also complain of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation.\u003c/p>\n\u003cp>An ICE spokesperson last week confirmed the hunger strike, saying it became official under agency policy as of the evening of Feb. 19, after detainees had missed nine consecutive meals. Under ICE standards, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">medical staff are required to carefully monitor the health of hunger strikers in detention (PDF)\u003c/a>.\u003c/p>\n\u003cp>ICE officials declined to comment for this story or to say how many people it considers to be on hunger strike at the two facilities.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'For almost one year now, the individuals in these facilities have been attempting to negotiate with ICE for better treatment ... And ICE and GEO have stonewalled them all along the way.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Aseem Mehta, attorney, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>On Thursday, roughly 40 of the men were continuing to refuse food and had only consumed liquids for 14 days, according to Aseem Mehta, attorney with the Asian Law Caucus in San Francisco who is representing the hunger strikers in \u003ca href=\"https://www.kqed.org/news/11941677/until-we-drop-hunger-strike-enters-second-week-as-immigrants-in-ice-detention-protest-conditions\">a lawsuit filed last week\u003c/a>.\u003c/p>\n\u003cp>The class-action suit alleges that ICE and The GEO Group, the company that owns and operates the prisons, have \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">tried to punish the hunger strikers (PDF)\u003c/a> by placing them in solitary confinement and denying them family visits, yard time and access to church and the law library. The retaliation violates the detainees’ First Amendment right to protest their conditions, according to the complaint.\u003c/p>\n\u003cp>“It didn't have to get to this point,” said Mehta. “For almost one year now, the individuals in these facilities have been attempting to negotiate with ICE for better treatment, better conditions and better care at the facilities. And ICE and GEO have stonewalled them all along the way.”\u003c/p>\n\u003cp>The men ultimately decided that the only thing they would accept is release from detention and that they would stop eating until they are released, he said.\u003c/p>\n\u003cp>Accordingly, 38 of the men have filed petitions with the help of lawyers — and dozens of others submitted them on their own — asking to be released while their cases proceed through the immigration courts, said Mehta.\u003c/p>\n\u003cp>Under U.S. law, certain asylum seekers, and noncitizens convicted of certain crimes, are subject to \u003ca href=\"https://crsreports.congress.gov/product/pdf/IF/IF11343\">mandatory detention while they are in deportation proceedings (PDF)\u003c/a>. But immigration attorneys argue — and ICE's own guidance states — that \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">ICE has inherent “prosecutorial discretion” to release individuals on a case-by-case basis\u003c/a>.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11941677,news_11938736"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“ICE has the discretion and the authority to release every single one of these individuals,” said Mehta.\u003c/p>\n\u003cp>In their letter to ICE, the advocates asserted that the agency “can and must use its professional judgment to evaluate enforcement decisions in every individual case.” But they say ICE has denied nearly all of the hunger strikers’ release requests, so quickly, in many cases, that ICE could not have reviewed the evidence submitted.\u003c/p>\n\u003cp>In one example given, an individual submitted more than 200 pages of evidence in favor of release, but the request was denied just 19 minutes after it was filed. In another, a request was denied after 77 minutes, despite the fact that it included more than 100 pages of documentation.\u003c/p>\n\u003cp>“ICE has summarily denied or ignored every one of those requests, and this letter is calling upon ICE to follow the law and follow their own guidance to take an individualized review of every single request that's made to them,” said Mehta. “At bottom [ICE detainees] have a constitutional right to fair treatment and due process, and that right overrides any other consideration under the immigration laws.”\u003c/p>\n\u003cp>Meanwhile, in Louisiana, an estimated 300 immigrants detained at the Central Louisiana ICE Processing Center launched a hunger strike Thursday, demanding improved conditions and calling for their own release, according to Detention Watch Network, a coalition that seeks to end ICE detention. The detainees allege the facility, which is operated by The GEO Group, is moldy and unsanitary, and that they are not provided sufficient hygiene supplies such as toilet paper and toothpaste, according to the coalition.\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11942414/with-detainee-hunger-strike-in-third-week-ice-is-failing-to-review-requests-for-freedom-advocates-say","authors":["259"],"categories":["news_1169","news_8"],"tags":["news_24238","news_1925","news_21027","news_32476"],"featImg":"news_11942419","label":"news"},"news_11941448":{"type":"posts","id":"news_11941448","meta":{"index":"posts_1591205157","site":"news","id":"11941448","score":null,"sort":[1677694503000]},"guestAuthors":[],"slug":"que-es-el-programa-de-accion-diferida-de-la-administracion-biden-para-trabajadores-indocumentados","title":"¿Qué es el programa de acción diferida de la administración Biden para trabajadores indocumentados?","publishDate":1677694503,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11940316/fear-of-deportation-keeps-some-workers-from-reporting-labor-abuses-a-new-biden-program-aims-to-change-that\">Leer en inglés\u003c/a>\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Ir a:\u003c/strong> \u003ca href=\"#funciona\">\u003cstrong>Cómo funciona la solicitud de acción diferida\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A medida que progresan las investigaciones sobre posibles violaciones laborales en las dos granjas de hongos de Half Moon Bay donde se produjo un tiroteo masivo el mes pasado, los abogados laborales y de inmigración del Área de la Bahía dicen que están tratando de correr la voz sobre las nuevas protecciones federales anunciadas recientemente por la administración del presidente Biden que podrían proteger a los trabajadores indocumentados de la deportación si hablan sobre los abusos en su lugar de trabajo.\u003c/p>\n\u003cp>Cuando el gobernador Gavin Newsom visitó Half Moon Bay tras la matanza del 23 de enero, \u003ca href=\"https://www.kqed.org/news/11938972/7-killed-in-monday-shooting-massacre-in-half-moon-bay\">la cual cobró la vida de siete trabajadores agrícolas inmigrantes,\u003c/a> expresó su conmoción al enterarse que los empleados vivieran en contenedores de transporte y dijo que algunos le habían contado que ganaban sólo 9 dólares la hora.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Patricia Ortiz, Directora jurídica del programa de inmigración, California Rural Legal Assistance\"]\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable. Están en zonas rurales, donde tal vez están aislados de la información a la que tienen acceso las personas en otras partes del estado, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".[/pullquote]\u003c/p>\n\u003cp>\"¿Quieren saber el salario mínimo de California? No es de 9 dólares la hora\", dijo Newsom. \"Sin atención sanitaria, sin ayudas, sin servicios. Pero ellos cuidan de nuestra salud. Prestando un servicio a todos y cada uno de nosotros, todos los días\".\u003c/p>\n\u003cp>Las autoridades estatales comenzaron inmediatamente a recabar información sobre California Terra Garden y Concord Farms, las dos granjas atacadas, y consiguieron entrar dos horas después de que las fuerzas del orden abrieron de nuevo los sitios el 25 de enero, según Peter Melton, portavoz del Departamento de Relaciones Industriales del estado. Confirmó que su agencia está investigando a ambas empresas por posibles infracciones en el lugar de trabajo.\u003c/p>\n\u003cp>Melton subrayó que la agencia no solicita ni rastrea el estatus migratorio de los trabajadores, y añadió: \"En California, los trabajadores agrícolas y de la mayoría de las demás industrias están protegidos por las leyes laborales y las normas de seguridad y salud en el lugar de trabajo de California, independientemente de su estatus migratorio\".\u003c/p>\n\u003cp>Por una cuestión de política, el Departamento de Trabajo de EE.UU. no quiso confirmar si también está investigando las granjas. Pero el vicealcalde de Half Moon Bay, Joaquín Jiménez Ureña, dijo que la semana anterior investigadores federales estuvieron en la ciudad.\u003c/p>\n\u003cp>\"Tuve la oportunidad de reunirme con ellos\", dijo. \"Compartieron conmigo lo que están investigando. Quieren colaborar con nosotros para asegurarse de que los trabajadores agrícolas estén bien atendidos con salarios y vivienda, y que se les comunique cualquier incidente que ocurra en las granjas.\"\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch2>Vulnerables a la explotación\u003c/h2>\n\u003cp>A pesar de las protecciones laborales de California, los trabajadores inmigrantes suelen tener miedo a denunciar por temor a las represalias de los empleadores y a la amenaza de la deportación, afirman los defensores.\u003c/p>\n\u003cp>Casi el 60% de los trabajadores agrícolas del estado \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">son inmigrantes indocumentados\u003c/a> (enlace sólo en inglés), según los últimos datos del Departamento de Trabajo de EE.UU.\u003c/p>\n\u003cp>Incluso los trabajadores agrícolas que trabajan legalmente, con \u003ca href=\"https://www.dol.gov/agencies/whd/espanol\">visados agrícolas temporales H-2A\u003c/a>, pueden ser reacios a quejarse \u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">porque dependen de sus empleadores para mantener sus visados de trabajo\u003c/a>. Y para los inmigrantes indocumentados, el temor es aún mayor, dice Patricia Ortiz, directora legal del programa de inmigración de la organización sin fines de lucro California Rural Legal Assistance (CRLA, por sus siglas en inglés).\u003c/p>\n\u003cp>[aside postID=\"news_11919450\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/FarmworkersIlloVignet-1020x659-1.jpg\"]\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable\", dijo Ortiz. \"Están en zonas rurales, donde tal vez están aislados de la información a la que la gente en otras partes del estado tiene acceso, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".\u003c/p>\n\u003cp>Pero \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-anuncia-mejoras-en-los-procesos-para-apoyar-las-investigaciones-de-cumplimiento\">un nuevo programa simplificado y acelerado de solicitud de \"acción diferida\"\u003c/a>, destinado a ayudar al gobierno a acabar con los empleadores abusivos, podría animar a más trabajadores indocumentados a denunciar condiciones injustas o inseguras, dijo Ortiz.\u003c/p>\n\u003cp>Los trabajadores que demuestren que están cooperando con una investigación laboral pueden solicitar un permiso de trabajo y dos años de protección contra la deportación a través de un proceso acelerado anunciado en enero por el Secretario de Seguridad Nacional (DHS, por sus siglas en inglés), Alejandro Mayorkas. La protección, que se concederá caso por caso, se basa en \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/memo_from_secretary_mayorkas_on_worksite_enforcement.pdf\">un memorando de octubre de 2021 en el que se describe la estrategia del DHS para hacer cumplir la ley en los lugares de trabajo (PDF)\u003c/a> (enlace sólo en inglés).\u003c/p>\n\u003cp>\"Los empresarios sin escrúpulos que se aprovechan de la vulnerabilidad de los trabajadores extranjeros perjudican a todos los trabajadores y ponen en desventaja a las empresas que respetan las normas\", declaró Mayorkas al anunciar el nuevo programa en enero. \"Responsabilizaremos a estos depredadores animando a todos los trabajadores a hacer valer sus derechos\".\u003c/p>\n\u003ch2>Difundir el mensaje\u003c/h2>\n\u003cp>Ortiz dice que grupos de defensa de los inmigrantes como el suyo han estado organizando apresuradamente cursos de formación y seminarios web para informar sobre el programa a otros proveedores de servicios jurídicos que trabajan con inmigrantes.\u003c/p>\n\u003cp>Pero Jiménez Ureña, vicealcalde de Half Moon Bay, que también ayuda dirigir la organización sin fines de lucro ALAS, o Ayudando Latinos a Soñar, que apoya a trabajadores agrícolas en el condado de San Mateo, dijo que desconocía la iniciativa federal.\u003c/p>\n\u003cp>Tras el tiroteo masivo y las posibles infracciones laborales en las granjas de hongos, la Agencia de Trabajo y Desarrollo Laboral de la administración del gobernador Newsom ha empezado a compartir información sobre el nuevo programa.\u003c/p>\n\u003cp>\"La administración ha estado en estrecho contacto con el condado de San Mateo y las organizaciones comunitarias en relación con asistencia migratoria y las nuevas orientaciones del DHS sobre posibles ayudas de inmigración para los trabajadores que hayan sufrido infracciones en el lugar de trabajo.\", dijo Erin Hickey, portavoz de la agencia, en un correo electrónico.\u003c/p>\n\u003cp>Los líderes sindicales de California llevaron a cabo un curso de formación sobre el nuevo programa en Los Ángeles. Y un grupo de abogados del Área de la Bahía programaron una videollamada para debatir cómo podrían beneficiar a sus clientes estas protecciones.\u003c/p>\n\u003ch2>Un giro de 180 grados\u003c/h2>\n\u003cp>Sergio Benavides, un abogado de inmigración de Hayward dijo que ya hace tiempo es que la administración Biden debería haberse enfocado en las protecciones laborales para los inmigrantes.\u003c/p>\n\u003cp>\"Para mí representa un giro completo de 180 grados con respecto a la era del expresidente Trump\", dijo. \"La administración Biden está diciendo, 'Oigan, trabajadores, queremos ayudarlos. Queremos protegerlos. Queremos investigar las violaciones de la ley. Por favor, salgan a la luz'\".\u003c/p>\n\u003cp>Pero Benavides advirtió que la acción diferida es sólo temporal, y dijo que los inmigrantes deberían consultar primero a un abogado para decidir si les beneficiaría solicitarla.\u003c/p>\n\u003cp>Hay otras formas de alivio de la inmigración que podrían ser más duraderas para los inmigrantes indocumentados, incluidos los de las granjas de setas de Half Moon Bay, dijo. Una de ellas, \u003ca href=\"https://www.uscis.gov/es/programas-humanitarios/victimas-de-la-trata-de-personas-y-de-otros-crimenes/victimas-de-actos-criminales-estatus-u-de-no-inmigrante\">el visado U\u003c/a>, puede conducir a una tarjeta verde y, en última instancia, a la ciudadanía para las víctimas de determinados delitos que cooperen con las fuerzas del orden o los investigadores gubernamentales.\u003c/p>\n\u003cp>Y la eficacia del nuevo programa federal dependerá de lo bien que se administre, dijo Benavides. Aunque el DHS dice que el proceso de solicitud será \"agilizado y acelerado\", otras solicitudes de inmigración suelen retrasarse, señaló.\u003c/p>\n\u003cp>\"La gente puede tener derecho a prestaciones y las solicita, pero tarda años y hay estos enormes retrasos\", dijo. \"Van a intentar acelerarlo. ¿Pero qué significa eso? No sé si el gobierno de Biden tiene el personal necesario para asegurarse de que estas solicitudes se tramitan más rápido.\"\u003c/p>\n\u003ch2>\u003ca id=\"funciona\">\u003c/a>Cómo funciona este programa\u003c/h2>\n\u003cp>Si está pensando en solicitar la acción diferida sobre la deportación, aquí tiene algunos detalles que debe conocer:\u003c/p>\n\u003cul>\n\u003cli>Un abogado de inmigración puede ayudarle a decidir si le conviene presentar la solicitud. También pueden decirle si hay otras formas de ayuda migratoria a las que pueda optar, incluidas protecciones más permanentes.\u003c/li>\n\u003cli>Para solicitarla, debe presentar, entre otros formularios:\n\u003cul>\n\u003cli>Una solicitud firmada en la que explique su reclamación y que está participando en una investigación de una agencia laboral.\u003c/li>\n\u003cli>Una carta de apoyo de la agencia laboral.\u003c/li>\n\u003cli>Documentos que prueben su empleo.\u003c/li>\n\u003cli>Prueba de su identidad y nacionalidad.\u003c/li>\n\u003cli>Información biográfica.\u003c/li>\n\u003cli>Una solicitud de permiso de trabajo.\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>La protección contra la expulsión es temporal, hasta dos años. Puede renovarse si la investigación laboral está en curso. Tenga en cuenta que el DHS dice que puede poner fin a la acción diferida \"en cualquier momento, a su discreción\".\u003c/li>\n\u003cli>Si su solicitud es aprobada y puede demostrar \"necesidad económica\", también puede obtener un permiso de trabajo.\u003c/li>\n\u003cli>En algunos casos, el USCIS puede remitir las solicitudes al Servicio de Inmigración y Control de Aduanas de EE.UU. (ICE, por sus siglas en inglés), especialmente si está en proceso de deportación. Pueden pedir al ICE que les ayude a decidir si le conceden la acción diferida.\u003c/li>\n\u003cli>El Servicio de Ciudadanía e Información de EE.UU. ha creado una oficina para tramitar las solicitudes de forma acelerada.\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.dhs.gov/apoyo-del-dhs-la-aplicacion-de-las-leyes-laborales-y-de-empleo\">La información completa sobre el proceso de solicitud está disponible aquí, en español e inglés.\u003c/a>\u003c/p>\n\u003chr>\n\u003cp>\u003cem>Este artículo fue traducido por la periodista \u003ca href=\"https://www.kqed.org/author/mpena/\">María Peña\u003c/a> y editado por el periodista \u003ca href=\"https://www.kqed.org/author/ccabreralomeli\">Carlos Cabrera-Lomelí\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Bajo el nuevo programa de \"acción diferida\", los trabajadores que demuestren que están cooperando con una investigación laboral pueden solicitar un permiso de trabajo y dos años de protección contra la deportación.","status":"publish","parent":0,"modified":1678222657,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1893},"headData":{"title":"¿Qué es el programa de acción diferida de la administración Biden para trabajadores indocumentados? | KQED","description":"Bajo el nuevo programa de "acción diferida", los trabajadores que demuestren que están cooperando con una investigación laboral pueden solicitar un permiso de trabajo y dos años de protección contra la deportación.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"¿Qué es el programa de acción diferida de la administración Biden para trabajadores indocumentados?","datePublished":"2023-03-01T18:15:03.000Z","dateModified":"2023-03-07T20:57:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"KQED en Español","sourceUrl":"https://www.kqed.org/kqedenespanol","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11941448/que-es-el-programa-de-accion-diferida-de-la-administracion-biden-para-trabajadores-indocumentados","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11940316/fear-of-deportation-keeps-some-workers-from-reporting-labor-abuses-a-new-biden-program-aims-to-change-that\">Leer en inglés\u003c/a>\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Ir a:\u003c/strong> \u003ca href=\"#funciona\">\u003cstrong>Cómo funciona la solicitud de acción diferida\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A medida que progresan las investigaciones sobre posibles violaciones laborales en las dos granjas de hongos de Half Moon Bay donde se produjo un tiroteo masivo el mes pasado, los abogados laborales y de inmigración del Área de la Bahía dicen que están tratando de correr la voz sobre las nuevas protecciones federales anunciadas recientemente por la administración del presidente Biden que podrían proteger a los trabajadores indocumentados de la deportación si hablan sobre los abusos en su lugar de trabajo.\u003c/p>\n\u003cp>Cuando el gobernador Gavin Newsom visitó Half Moon Bay tras la matanza del 23 de enero, \u003ca href=\"https://www.kqed.org/news/11938972/7-killed-in-monday-shooting-massacre-in-half-moon-bay\">la cual cobró la vida de siete trabajadores agrícolas inmigrantes,\u003c/a> expresó su conmoción al enterarse que los empleados vivieran en contenedores de transporte y dijo que algunos le habían contado que ganaban sólo 9 dólares la hora.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable. Están en zonas rurales, donde tal vez están aislados de la información a la que tienen acceso las personas en otras partes del estado, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Patricia Ortiz, Directora jurídica del programa de inmigración, California Rural Legal Assistance","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"¿Quieren saber el salario mínimo de California? No es de 9 dólares la hora\", dijo Newsom. \"Sin atención sanitaria, sin ayudas, sin servicios. Pero ellos cuidan de nuestra salud. Prestando un servicio a todos y cada uno de nosotros, todos los días\".\u003c/p>\n\u003cp>Las autoridades estatales comenzaron inmediatamente a recabar información sobre California Terra Garden y Concord Farms, las dos granjas atacadas, y consiguieron entrar dos horas después de que las fuerzas del orden abrieron de nuevo los sitios el 25 de enero, según Peter Melton, portavoz del Departamento de Relaciones Industriales del estado. Confirmó que su agencia está investigando a ambas empresas por posibles infracciones en el lugar de trabajo.\u003c/p>\n\u003cp>Melton subrayó que la agencia no solicita ni rastrea el estatus migratorio de los trabajadores, y añadió: \"En California, los trabajadores agrícolas y de la mayoría de las demás industrias están protegidos por las leyes laborales y las normas de seguridad y salud en el lugar de trabajo de California, independientemente de su estatus migratorio\".\u003c/p>\n\u003cp>Por una cuestión de política, el Departamento de Trabajo de EE.UU. no quiso confirmar si también está investigando las granjas. Pero el vicealcalde de Half Moon Bay, Joaquín Jiménez Ureña, dijo que la semana anterior investigadores federales estuvieron en la ciudad.\u003c/p>\n\u003cp>\"Tuve la oportunidad de reunirme con ellos\", dijo. \"Compartieron conmigo lo que están investigando. Quieren colaborar con nosotros para asegurarse de que los trabajadores agrícolas estén bien atendidos con salarios y vivienda, y que se les comunique cualquier incidente que ocurra en las granjas.\"\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>Vulnerables a la explotación\u003c/h2>\n\u003cp>A pesar de las protecciones laborales de California, los trabajadores inmigrantes suelen tener miedo a denunciar por temor a las represalias de los empleadores y a la amenaza de la deportación, afirman los defensores.\u003c/p>\n\u003cp>Casi el 60% de los trabajadores agrícolas del estado \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">son inmigrantes indocumentados\u003c/a> (enlace sólo en inglés), según los últimos datos del Departamento de Trabajo de EE.UU.\u003c/p>\n\u003cp>Incluso los trabajadores agrícolas que trabajan legalmente, con \u003ca href=\"https://www.dol.gov/agencies/whd/espanol\">visados agrícolas temporales H-2A\u003c/a>, pueden ser reacios a quejarse \u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">porque dependen de sus empleadores para mantener sus visados de trabajo\u003c/a>. Y para los inmigrantes indocumentados, el temor es aún mayor, dice Patricia Ortiz, directora legal del programa de inmigración de la organización sin fines de lucro California Rural Legal Assistance (CRLA, por sus siglas en inglés).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11919450","hero":"https://ww2.kqed.org/app/uploads/sites/10/2022/07/FarmworkersIlloVignet-1020x659-1.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable\", dijo Ortiz. \"Están en zonas rurales, donde tal vez están aislados de la información a la que la gente en otras partes del estado tiene acceso, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".\u003c/p>\n\u003cp>Pero \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-anuncia-mejoras-en-los-procesos-para-apoyar-las-investigaciones-de-cumplimiento\">un nuevo programa simplificado y acelerado de solicitud de \"acción diferida\"\u003c/a>, destinado a ayudar al gobierno a acabar con los empleadores abusivos, podría animar a más trabajadores indocumentados a denunciar condiciones injustas o inseguras, dijo Ortiz.\u003c/p>\n\u003cp>Los trabajadores que demuestren que están cooperando con una investigación laboral pueden solicitar un permiso de trabajo y dos años de protección contra la deportación a través de un proceso acelerado anunciado en enero por el Secretario de Seguridad Nacional (DHS, por sus siglas en inglés), Alejandro Mayorkas. La protección, que se concederá caso por caso, se basa en \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/memo_from_secretary_mayorkas_on_worksite_enforcement.pdf\">un memorando de octubre de 2021 en el que se describe la estrategia del DHS para hacer cumplir la ley en los lugares de trabajo (PDF)\u003c/a> (enlace sólo en inglés).\u003c/p>\n\u003cp>\"Los empresarios sin escrúpulos que se aprovechan de la vulnerabilidad de los trabajadores extranjeros perjudican a todos los trabajadores y ponen en desventaja a las empresas que respetan las normas\", declaró Mayorkas al anunciar el nuevo programa en enero. \"Responsabilizaremos a estos depredadores animando a todos los trabajadores a hacer valer sus derechos\".\u003c/p>\n\u003ch2>Difundir el mensaje\u003c/h2>\n\u003cp>Ortiz dice que grupos de defensa de los inmigrantes como el suyo han estado organizando apresuradamente cursos de formación y seminarios web para informar sobre el programa a otros proveedores de servicios jurídicos que trabajan con inmigrantes.\u003c/p>\n\u003cp>Pero Jiménez Ureña, vicealcalde de Half Moon Bay, que también ayuda dirigir la organización sin fines de lucro ALAS, o Ayudando Latinos a Soñar, que apoya a trabajadores agrícolas en el condado de San Mateo, dijo que desconocía la iniciativa federal.\u003c/p>\n\u003cp>Tras el tiroteo masivo y las posibles infracciones laborales en las granjas de hongos, la Agencia de Trabajo y Desarrollo Laboral de la administración del gobernador Newsom ha empezado a compartir información sobre el nuevo programa.\u003c/p>\n\u003cp>\"La administración ha estado en estrecho contacto con el condado de San Mateo y las organizaciones comunitarias en relación con asistencia migratoria y las nuevas orientaciones del DHS sobre posibles ayudas de inmigración para los trabajadores que hayan sufrido infracciones en el lugar de trabajo.\", dijo Erin Hickey, portavoz de la agencia, en un correo electrónico.\u003c/p>\n\u003cp>Los líderes sindicales de California llevaron a cabo un curso de formación sobre el nuevo programa en Los Ángeles. Y un grupo de abogados del Área de la Bahía programaron una videollamada para debatir cómo podrían beneficiar a sus clientes estas protecciones.\u003c/p>\n\u003ch2>Un giro de 180 grados\u003c/h2>\n\u003cp>Sergio Benavides, un abogado de inmigración de Hayward dijo que ya hace tiempo es que la administración Biden debería haberse enfocado en las protecciones laborales para los inmigrantes.\u003c/p>\n\u003cp>\"Para mí representa un giro completo de 180 grados con respecto a la era del expresidente Trump\", dijo. \"La administración Biden está diciendo, 'Oigan, trabajadores, queremos ayudarlos. Queremos protegerlos. Queremos investigar las violaciones de la ley. Por favor, salgan a la luz'\".\u003c/p>\n\u003cp>Pero Benavides advirtió que la acción diferida es sólo temporal, y dijo que los inmigrantes deberían consultar primero a un abogado para decidir si les beneficiaría solicitarla.\u003c/p>\n\u003cp>Hay otras formas de alivio de la inmigración que podrían ser más duraderas para los inmigrantes indocumentados, incluidos los de las granjas de setas de Half Moon Bay, dijo. Una de ellas, \u003ca href=\"https://www.uscis.gov/es/programas-humanitarios/victimas-de-la-trata-de-personas-y-de-otros-crimenes/victimas-de-actos-criminales-estatus-u-de-no-inmigrante\">el visado U\u003c/a>, puede conducir a una tarjeta verde y, en última instancia, a la ciudadanía para las víctimas de determinados delitos que cooperen con las fuerzas del orden o los investigadores gubernamentales.\u003c/p>\n\u003cp>Y la eficacia del nuevo programa federal dependerá de lo bien que se administre, dijo Benavides. Aunque el DHS dice que el proceso de solicitud será \"agilizado y acelerado\", otras solicitudes de inmigración suelen retrasarse, señaló.\u003c/p>\n\u003cp>\"La gente puede tener derecho a prestaciones y las solicita, pero tarda años y hay estos enormes retrasos\", dijo. \"Van a intentar acelerarlo. ¿Pero qué significa eso? No sé si el gobierno de Biden tiene el personal necesario para asegurarse de que estas solicitudes se tramitan más rápido.\"\u003c/p>\n\u003ch2>\u003ca id=\"funciona\">\u003c/a>Cómo funciona este programa\u003c/h2>\n\u003cp>Si está pensando en solicitar la acción diferida sobre la deportación, aquí tiene algunos detalles que debe conocer:\u003c/p>\n\u003cul>\n\u003cli>Un abogado de inmigración puede ayudarle a decidir si le conviene presentar la solicitud. También pueden decirle si hay otras formas de ayuda migratoria a las que pueda optar, incluidas protecciones más permanentes.\u003c/li>\n\u003cli>Para solicitarla, debe presentar, entre otros formularios:\n\u003cul>\n\u003cli>Una solicitud firmada en la que explique su reclamación y que está participando en una investigación de una agencia laboral.\u003c/li>\n\u003cli>Una carta de apoyo de la agencia laboral.\u003c/li>\n\u003cli>Documentos que prueben su empleo.\u003c/li>\n\u003cli>Prueba de su identidad y nacionalidad.\u003c/li>\n\u003cli>Información biográfica.\u003c/li>\n\u003cli>Una solicitud de permiso de trabajo.\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>La protección contra la expulsión es temporal, hasta dos años. Puede renovarse si la investigación laboral está en curso. Tenga en cuenta que el DHS dice que puede poner fin a la acción diferida \"en cualquier momento, a su discreción\".\u003c/li>\n\u003cli>Si su solicitud es aprobada y puede demostrar \"necesidad económica\", también puede obtener un permiso de trabajo.\u003c/li>\n\u003cli>En algunos casos, el USCIS puede remitir las solicitudes al Servicio de Inmigración y Control de Aduanas de EE.UU. (ICE, por sus siglas en inglés), especialmente si está en proceso de deportación. Pueden pedir al ICE que les ayude a decidir si le conceden la acción diferida.\u003c/li>\n\u003cli>El Servicio de Ciudadanía e Información de EE.UU. ha creado una oficina para tramitar las solicitudes de forma acelerada.\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.dhs.gov/apoyo-del-dhs-la-aplicacion-de-las-leyes-laborales-y-de-empleo\">La información completa sobre el proceso de solicitud está disponible aquí, en español e inglés.\u003c/a>\u003c/p>\n\u003chr>\n\u003cp>\u003cem>Este artículo fue traducido por la periodista \u003ca href=\"https://www.kqed.org/author/mpena/\">María Peña\u003c/a> y editado por el periodista \u003ca href=\"https://www.kqed.org/author/ccabreralomeli\">Carlos Cabrera-Lomelí\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11941448/que-es-el-programa-de-accion-diferida-de-la-administracion-biden-para-trabajadores-indocumentados","authors":["259"],"categories":["news_31795","news_1169","news_28523","news_6188"],"tags":["news_32461","news_28586","news_1164","news_32332","news_21027","news_20202","news_28535","news_28790","news_28640","news_27775","news_28444","news_32460"],"featImg":"news_11941449","label":"source_news_11941448"},"news_11941677":{"type":"posts","id":"news_11941677","meta":{"index":"posts_1591205157","site":"news","id":"11941677","score":null,"sort":[1677203580000]},"guestAuthors":[],"slug":"until-we-drop-hunger-strike-enters-second-week-as-immigrants-in-ice-detention-protest-conditions","title":"'Until We Drop': Immigrant Detainees on Hunger Strike Sue ICE, Detention Contractor for Alleged Retaliation","publishDate":1677203580,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cstrong>Update, 1:45 p.m. Friday: \u003c/strong>Five detainees on an ongoing hunger strike \u003ca href=\"https://www.aclunc.org/news/hunger-strikers-central-valley-immigration-detention-facilities-file-class-action-lawsuit\">have sued\u003c/a> U.S. Immigration and Customs Enforcement and a private prison company for alleged retaliation.\u003c/p>\n\u003cp>Several dozen men have refused meals for more than a week, protesting what they call “inhumane” living and working conditions at the two for-profit detention centers in Kern County where they are held.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">lawsuit (PDF)\u003c/a> accuses ICE and its detention contractor The GEO Group of punishing hunger strikers by taking away their yard time, family visitation and other recreational activities, and by threatening them with solitary confinement.\u003c/p>\n\u003cp>GEO staffers have also made dormitory temperatures “uncomfortably cold” and tried to halt the detainees’ strike by leaving food on their beds for long periods of time, according to the complaint, which was filed in the U.S. District Court in San Francisco on Thursday.\u003c/p>\n\u003cp>“We filed this lawsuit to protect the First Amendment rights of a group of people who have put their bodies on the line to protest the injustice of their detention,” said Bree Bernwanger, senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.\u003c/p>\n\u003cp>“What they should draw is the attention of ICE and GEO to the horrendous conditions that they are detained under,” she added. “Instead, they were deprived for no reason except to punish them. That violates the Constitution.”\u003c/p>\n\u003cp>Spokespeople for ICE and GEO have denied the alleged retaliation, but declined to comment further on the lawsuit.\u003c/p>\n\u003cp>The five plaintiffs, who have been detained for lengths ranging from 10 months to more than two years, are asking the court to let them represent about 80 detainees who began the hunger strike on Feb. 17, in a class-action lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Original story, 6 p.m. Thursday: \u003c/strong>More than 70 people locked up at two for-profit immigration detention centers in Kern County have refused to eat any meals for a week now, according to interviews with detainees and legal assistance organizations.\u003c/p>\n\u003cp>A U.S. Immigration and Customs Enforcement spokesperson confirmed that the hunger strike became official as of last Sunday evening, after detainees missed nine consecutive meals at the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland.[pullquote align=\"right\" size=\"medium\" citation=\"Oscar Rodriguez Picazo, ICE detainee and hunger striker\"]'We are not being heard. Our basic needs are not being met. So we are asking ICE to release us.'[/pullquote]Hunger strikers said they will risk their lives as a last resort to pressure ICE officials to improve the “\u003ca href=\"https://lccrsf.org/pressroom_posts/breaking-seventy-seven-detained-immigrants-launch-hunger-strike-at-two-central-valley-facilities-protest-unpaid-labor-and-inhumane-conditions/\">soul-crushing\u003c/a>” working and living conditions at the facilities they’ve complained repeatedly about, to no avail. The detainees \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">argue officials should also use their prosecutorial discretion to release those who don’t pose a safety threat or flight risk\u003c/a>, but are jailed long-term while they fight deportation.\u003c/p>\n\u003cp>“We are not being heard. Our basic needs are not being met. So we are asking ICE to release us,” Oscar Rodriguez Picazo told KQED by phone from Mesa Verde, where he has been held for more than a year. The 36-year-old said he felt weak after skipping all meals since last Friday, but that he and others would continue the hunger strike “until we drop.”\u003c/p>\n\u003cp>Mesa Verde staffers have responded by taking away yard time and other recreational activities, as well as access to the law library, said Rodriguez Picazo and another hunger striker, Jose Hernandez. That has left protesters confined to their dorm 24/7, they said, except for trips to get medical checkups elsewhere in the facility.\u003c/p>\n\u003cp>“When we asked an officer, she told us, ‘You guys don’t get no visits, no rec, nothing of nothing, because you are on a hunger strike,’” said Rodriguez Picazo, who grew up in California’s Tulare County after emigrating from Mexico.[aside postID=news_11938736 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg']Medical personnel must carefully monitor the health, as well as food and water intake, of detainees on hunger strike, which ICE considers as such \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">only after detainees have not eaten for 72 hours (PDF)\u003c/a>, according to the agency’s standards.\u003c/p>\n\u003cp>“ICE fully respects the rights of all people to voice their opinion without interference. ICE does not retaliate in any way against hunger strikers,” said an agency spokesperson in a statement. “ICE is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care.”\u003c/p>\n\u003cp>The agency did not confirm how many detainees it considers on hunger strike at the two facilities. But commissary food items remain available for purchase by detainees, the spokesperson added, saying “ICE explains the negative health effects of not eating to our detainees, and they are under close medical observation by ICE or contract medical providers.”\u003c/p>\n\u003cp>The hunger strike represents an escalation of an ongoing, months-long work stoppage that detainees say they are waging to protest expired food, substandard medical care and overpriced commissary items that have pushed Rodriguez Picazo and others to work at the facilities for well below minimum wage.\u003c/p>\n\u003cp>Both Mesa Verde and Golden State Annex are overseen by ICE Enforcement and Removal Operations officials stationed in San Francisco. The agency contracts with the multinational prison company The GEO Group to operate those detention centers.\u003c/p>\n\u003cp>On Wednesday afternoon, more than a dozen supporters of the hunger strikers sang chants on megaphones and rallied outside ICE headquarters in downtown San Francisco, as dozens of people looked on while they waited in line to enter the agency offices, clutching paper forms.\u003c/p>\n\u003cp>“Enough is enough,” Esperanza Cuautle, an organizer with the nonprofit Pangea Legal Services, told the crowd on the street. Hunger strikers “are tired of the mistreatment, tired of the violation of their human rights.”\u003c/p>\n\u003cfigure id=\"attachment_11941702\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11941702\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg\" alt=\"A Latina woman speaks into a megaphone with male and female protesters behind her.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Esperanza Cuautle, 30, an organizer with the Mesa Verde-Golden State Annex Hunger Strike Support Committee, speaks outside the US Immigration and Customs Enforcement field office in downtown San Francisco on Feb. 22, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO Group pays detainees $1 per day for eight-hour shifts to scrub bathrooms, do laundry, work as barbers and do other tasks to maintain the facilities, per \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/5-8.pdf\">ICE guidelines that require compensation of “at least” $1 per day (PDF)\u003c/a>. Yet the company has engaged in “unlawful wage theft, unjust enrichment and forced labor” by coercing detainees to work, according to a \u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-stringify-link=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-sk=\"tooltip_parent\">lawsuit\u003c/a> filed last summer.\u003c/p>\n\u003cp>Shortly after the suit was filed, \u003ca href=\"https://www.kqed.org/news/11925791/california-lawmakers-call-for-investigation-into-detainee-complaints-of-solitary-confinement\">more than a dozen California members of Congress urged top immigration authorities to investigate\u003c/a> alleged “disturbing conditions and abusive and retaliatory behavior” toward detainees — including the use of solitary confinement — for participating in the peaceful labor strike at the two detention centers.\u003c/p>\n\u003cp>\u003ca href=\"https://www.padilla.senate.gov/newsroom/press-releases/padilla-to-chair-senate-judiciary-subcommittee-on-immigration/\">Senator Alex Padilla of California\u003c/a>, who chairs the Senate Judiciary Subcommittee on Immigration, Citizenship and Border Safety, did not immediately return a request for comment.\u003c/p>\n\u003cp>Rep. Zoe Lofgren (D-San José) led the request six months ago for ICE and the Department of Homeland Security to investigate detention conditions at Mesa Verde and Golden State Annex.\u003c/p>\n\u003cp>\"I am hoping they can address the issues my colleagues and I highlighted in our September 2022 letter as soon as possible. I also hope the Administration has already begun the thorough investigation we requested,” said Lofgren, a senior member of the House Subcommittee on Immigration Integrity, Security and Enforcement and a former immigration lawyer, in a statement.\u003c/p>\n\u003cp>“As disturbing reports of inhumane conditions, retaliation, and abusive behavior continue at Mesa Verde and Golden State Annex, I am renewing my call for a national phase-out of all private detention facility and jail contracts and for ICE to ensure humane detention standards,” she added.[pullquote align=\"right\" size=\"medium\" citation=\"Rep. Zoe Lofgren (D-San José)\"]'As disturbing reports of inhumane conditions, retaliation, and abusive behavior continue at Mesa Verde and Golden State Annex, I am renewing my call for a national phase-out of all private detention facility and jail contracts and for ICE to ensure humane detention standards.'[/pullquote]KQED obtained a copy of ICE Acting Director Tae Johnson’s recent response to Lofgren, Padilla and the other California members of Congress.\u003c/p>\n\u003cp>“ICE was made aware of the allegations against the Geo Group,” said Johnson in his letter. “On July 7, 2022, ICE Enforcement and Removal Operations (ERO) submitted all documentation related to the allegations to the ICE Joint Intake Center for further review and investigation.”\u003c/p>\n\u003cp>DHS’ Office for Civil Rights and Civil Liberties, which also received a \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">complaint from nine detainees at the two facilities last September\u003c/a>, is investigating reports “related to conditions of detention” at Golden State Annex, said Johnson.\u003c/p>\n\u003cp>A GEO Group spokesperson rejected allegations of retaliation against detainees or substandard detention conditions at the facilities. Both detention centers provide round-the-clock medical care, nutritional meals approved by a registered dietician and enhanced recreational amenities, the spokesperson said.\u003c/p>\n\u003cp>“As it relates to allegations regarding retaliation, GEO has a grievance process in place for use by persons housed at our facilities that is grounded in accessibility, confidentiality, fairness, objectivity and integrity, without fear of retaliation,” the GEO spokesperson said. “GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed.”\u003c/p>\n\u003cp>The company is also contesting fines of more than $104,000 issued last December by California workplace health and safety regulators for \u003ca href=\"https://www.osha.gov/ords/imis/establishment.inspection_detail?id=1609228.015\">several violations\u003c/a>, after worker detainees filed a complaint and Cal/OSHA inspectors visited Golden State Annex.\u003c/p>\n\u003cp>The nonprofit Freedom for Immigrants documented that at least \u003ca href=\"https://www.freedomforimmigrants.org/hunger-strikes\">1,600 people went on hunger strike while held at 20 detention centers nationwide\u003c/a> between May 2015 and early 2020. The incidence of such actions surged early on in the pandemic, with nearly 2,500 detainees waging COVID-related hunger strikes between March and July 2020, according to Detention Watch Network.\u003c/p>\n\u003cp>ICE officials and facility staffers have commonly responded with abuse and retaliation against people protesting by \u003ca href=\"https://www.aclu.org/news/immigrants-rights/cruelty-and-coercion-how-ice-abuses-hunger-strikers\">refusing to eat — a First Amendment-protected right\u003c/a>, according to a report by the ACLU and Physicians for Human Rights. The groups analyzed hundreds of hunger strikes in immigration detention between 2013 and 2017. The authors of the report said those responses included use of force, solitary confinement and involuntary medical procedures.[aside label=\"Related Stories\" postID=\"news_11924388,news_11934879\"]“Since the issuance of our report in 2021, ICE has not changed its policies or practices with respect to its treatment of hunger strikes. ICE’s failure to do so is of obvious concern,” said Eunice Cho, a senior staff attorney at the ACLU National Prison Project.\u003c/p>\n\u003cp>\u003ca href=\"https://www.ice.gov/detain/detention-management\">Immigration detention\u003c/a> is legally classified as civil and should be nonpunitive, unlike in the criminal justice setting. ICE detains noncitizens to secure their presence for immigration proceedings.\u003c/p>\n\u003cp>While people convicted of aggravated felonies or other crimes are subject to “\u003ca href=\"https://www.ilrc.org/sites/default/files/resources/mandatory_detention_ice_hold_policy_handout.pdf\">mandatory detention (PDF)\u003c/a>,” ICE officials may still decide to free them from custody with conditions after a case-by-case review, according to immigration attorneys. Often, the agency arrests immigrants with a criminal record after they have served sentences and are released from state prison or county jails.\u003c/p>\n\u003cp>\u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">ICE held more than 24,000 people in detention as of the end of January 2023\u003c/a>, slightly more than a year ago, according to the Transactional Records Access Clearinghouse, a data monitoring project at Syracuse University.\u003c/p>\n\u003cp>Nearly \u003ca href=\"https://www.ice.gov/detain/detention-management\">190 men are held at Mesa Verde and Golden State Annex\u003c/a>, according to ICE’s most recent detention statistics.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Hunger strikers said they will risk their lives as a last resort to pressure ICE officials to improve the 'soul-crushing' working and living conditions at the facilities they've complained repeatedly about, to no avail.","status":"publish","parent":0,"modified":1677283028,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1985},"headData":{"title":"'Until We Drop': Immigrant Detainees on Hunger Strike Sue ICE, Detention Contractor for Alleged Retaliation | KQED","description":"Hunger strikers said they will risk their lives as a last resort to pressure ICE officials to improve the 'soul-crushing' working and living conditions at the facilities they've complained repeatedly about, to no avail.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Until We Drop': Immigrant Detainees on Hunger Strike Sue ICE, Detention Contractor for Alleged Retaliation","datePublished":"2023-02-24T01:53:00.000Z","dateModified":"2023-02-24T23:57:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/0bf7969d-74b3-4597-9323-afb201200487/audio.mp3","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11941677/until-we-drop-hunger-strike-enters-second-week-as-immigrants-in-ice-detention-protest-conditions","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 1:45 p.m. Friday: \u003c/strong>Five detainees on an ongoing hunger strike \u003ca href=\"https://www.aclunc.org/news/hunger-strikers-central-valley-immigration-detention-facilities-file-class-action-lawsuit\">have sued\u003c/a> U.S. Immigration and Customs Enforcement and a private prison company for alleged retaliation.\u003c/p>\n\u003cp>Several dozen men have refused meals for more than a week, protesting what they call “inhumane” living and working conditions at the two for-profit detention centers in Kern County where they are held.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">lawsuit (PDF)\u003c/a> accuses ICE and its detention contractor The GEO Group of punishing hunger strikers by taking away their yard time, family visitation and other recreational activities, and by threatening them with solitary confinement.\u003c/p>\n\u003cp>GEO staffers have also made dormitory temperatures “uncomfortably cold” and tried to halt the detainees’ strike by leaving food on their beds for long periods of time, according to the complaint, which was filed in the U.S. District Court in San Francisco on Thursday.\u003c/p>\n\u003cp>“We filed this lawsuit to protect the First Amendment rights of a group of people who have put their bodies on the line to protest the injustice of their detention,” said Bree Bernwanger, senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.\u003c/p>\n\u003cp>“What they should draw is the attention of ICE and GEO to the horrendous conditions that they are detained under,” she added. “Instead, they were deprived for no reason except to punish them. That violates the Constitution.”\u003c/p>\n\u003cp>Spokespeople for ICE and GEO have denied the alleged retaliation, but declined to comment further on the lawsuit.\u003c/p>\n\u003cp>The five plaintiffs, who have been detained for lengths ranging from 10 months to more than two years, are asking the court to let them represent about 80 detainees who began the hunger strike on Feb. 17, in a class-action lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Original story, 6 p.m. Thursday: \u003c/strong>More than 70 people locked up at two for-profit immigration detention centers in Kern County have refused to eat any meals for a week now, according to interviews with detainees and legal assistance organizations.\u003c/p>\n\u003cp>A U.S. Immigration and Customs Enforcement spokesperson confirmed that the hunger strike became official as of last Sunday evening, after detainees missed nine consecutive meals at the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are not being heard. Our basic needs are not being met. So we are asking ICE to release us.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Oscar Rodriguez Picazo, ICE detainee and hunger striker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Hunger strikers said they will risk their lives as a last resort to pressure ICE officials to improve the “\u003ca href=\"https://lccrsf.org/pressroom_posts/breaking-seventy-seven-detained-immigrants-launch-hunger-strike-at-two-central-valley-facilities-protest-unpaid-labor-and-inhumane-conditions/\">soul-crushing\u003c/a>” working and living conditions at the facilities they’ve complained repeatedly about, to no avail. The detainees \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">argue officials should also use their prosecutorial discretion to release those who don’t pose a safety threat or flight risk\u003c/a>, but are jailed long-term while they fight deportation.\u003c/p>\n\u003cp>“We are not being heard. Our basic needs are not being met. So we are asking ICE to release us,” Oscar Rodriguez Picazo told KQED by phone from Mesa Verde, where he has been held for more than a year. The 36-year-old said he felt weak after skipping all meals since last Friday, but that he and others would continue the hunger strike “until we drop.”\u003c/p>\n\u003cp>Mesa Verde staffers have responded by taking away yard time and other recreational activities, as well as access to the law library, said Rodriguez Picazo and another hunger striker, Jose Hernandez. That has left protesters confined to their dorm 24/7, they said, except for trips to get medical checkups elsewhere in the facility.\u003c/p>\n\u003cp>“When we asked an officer, she told us, ‘You guys don’t get no visits, no rec, nothing of nothing, because you are on a hunger strike,’” said Rodriguez Picazo, who grew up in California’s Tulare County after emigrating from Mexico.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11938736","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Medical personnel must carefully monitor the health, as well as food and water intake, of detainees on hunger strike, which ICE considers as such \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">only after detainees have not eaten for 72 hours (PDF)\u003c/a>, according to the agency’s standards.\u003c/p>\n\u003cp>“ICE fully respects the rights of all people to voice their opinion without interference. ICE does not retaliate in any way against hunger strikers,” said an agency spokesperson in a statement. “ICE is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care.”\u003c/p>\n\u003cp>The agency did not confirm how many detainees it considers on hunger strike at the two facilities. But commissary food items remain available for purchase by detainees, the spokesperson added, saying “ICE explains the negative health effects of not eating to our detainees, and they are under close medical observation by ICE or contract medical providers.”\u003c/p>\n\u003cp>The hunger strike represents an escalation of an ongoing, months-long work stoppage that detainees say they are waging to protest expired food, substandard medical care and overpriced commissary items that have pushed Rodriguez Picazo and others to work at the facilities for well below minimum wage.\u003c/p>\n\u003cp>Both Mesa Verde and Golden State Annex are overseen by ICE Enforcement and Removal Operations officials stationed in San Francisco. The agency contracts with the multinational prison company The GEO Group to operate those detention centers.\u003c/p>\n\u003cp>On Wednesday afternoon, more than a dozen supporters of the hunger strikers sang chants on megaphones and rallied outside ICE headquarters in downtown San Francisco, as dozens of people looked on while they waited in line to enter the agency offices, clutching paper forms.\u003c/p>\n\u003cp>“Enough is enough,” Esperanza Cuautle, an organizer with the nonprofit Pangea Legal Services, told the crowd on the street. Hunger strikers “are tired of the mistreatment, tired of the violation of their human rights.”\u003c/p>\n\u003cfigure id=\"attachment_11941702\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11941702\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg\" alt=\"A Latina woman speaks into a megaphone with male and female protesters behind her.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Esperanza Cuautle, 30, an organizer with the Mesa Verde-Golden State Annex Hunger Strike Support Committee, speaks outside the US Immigration and Customs Enforcement field office in downtown San Francisco on Feb. 22, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO Group pays detainees $1 per day for eight-hour shifts to scrub bathrooms, do laundry, work as barbers and do other tasks to maintain the facilities, per \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/5-8.pdf\">ICE guidelines that require compensation of “at least” $1 per day (PDF)\u003c/a>. Yet the company has engaged in “unlawful wage theft, unjust enrichment and forced labor” by coercing detainees to work, according to a \u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-stringify-link=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-sk=\"tooltip_parent\">lawsuit\u003c/a> filed last summer.\u003c/p>\n\u003cp>Shortly after the suit was filed, \u003ca href=\"https://www.kqed.org/news/11925791/california-lawmakers-call-for-investigation-into-detainee-complaints-of-solitary-confinement\">more than a dozen California members of Congress urged top immigration authorities to investigate\u003c/a> alleged “disturbing conditions and abusive and retaliatory behavior” toward detainees — including the use of solitary confinement — for participating in the peaceful labor strike at the two detention centers.\u003c/p>\n\u003cp>\u003ca href=\"https://www.padilla.senate.gov/newsroom/press-releases/padilla-to-chair-senate-judiciary-subcommittee-on-immigration/\">Senator Alex Padilla of California\u003c/a>, who chairs the Senate Judiciary Subcommittee on Immigration, Citizenship and Border Safety, did not immediately return a request for comment.\u003c/p>\n\u003cp>Rep. Zoe Lofgren (D-San José) led the request six months ago for ICE and the Department of Homeland Security to investigate detention conditions at Mesa Verde and Golden State Annex.\u003c/p>\n\u003cp>\"I am hoping they can address the issues my colleagues and I highlighted in our September 2022 letter as soon as possible. I also hope the Administration has already begun the thorough investigation we requested,” said Lofgren, a senior member of the House Subcommittee on Immigration Integrity, Security and Enforcement and a former immigration lawyer, in a statement.\u003c/p>\n\u003cp>“As disturbing reports of inhumane conditions, retaliation, and abusive behavior continue at Mesa Verde and Golden State Annex, I am renewing my call for a national phase-out of all private detention facility and jail contracts and for ICE to ensure humane detention standards,” she added.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'As disturbing reports of inhumane conditions, retaliation, and abusive behavior continue at Mesa Verde and Golden State Annex, I am renewing my call for a national phase-out of all private detention facility and jail contracts and for ICE to ensure humane detention standards.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Rep. Zoe Lofgren (D-San José)","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>KQED obtained a copy of ICE Acting Director Tae Johnson’s recent response to Lofgren, Padilla and the other California members of Congress.\u003c/p>\n\u003cp>“ICE was made aware of the allegations against the Geo Group,” said Johnson in his letter. “On July 7, 2022, ICE Enforcement and Removal Operations (ERO) submitted all documentation related to the allegations to the ICE Joint Intake Center for further review and investigation.”\u003c/p>\n\u003cp>DHS’ Office for Civil Rights and Civil Liberties, which also received a \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">complaint from nine detainees at the two facilities last September\u003c/a>, is investigating reports “related to conditions of detention” at Golden State Annex, said Johnson.\u003c/p>\n\u003cp>A GEO Group spokesperson rejected allegations of retaliation against detainees or substandard detention conditions at the facilities. Both detention centers provide round-the-clock medical care, nutritional meals approved by a registered dietician and enhanced recreational amenities, the spokesperson said.\u003c/p>\n\u003cp>“As it relates to allegations regarding retaliation, GEO has a grievance process in place for use by persons housed at our facilities that is grounded in accessibility, confidentiality, fairness, objectivity and integrity, without fear of retaliation,” the GEO spokesperson said. “GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed.”\u003c/p>\n\u003cp>The company is also contesting fines of more than $104,000 issued last December by California workplace health and safety regulators for \u003ca href=\"https://www.osha.gov/ords/imis/establishment.inspection_detail?id=1609228.015\">several violations\u003c/a>, after worker detainees filed a complaint and Cal/OSHA inspectors visited Golden State Annex.\u003c/p>\n\u003cp>The nonprofit Freedom for Immigrants documented that at least \u003ca href=\"https://www.freedomforimmigrants.org/hunger-strikes\">1,600 people went on hunger strike while held at 20 detention centers nationwide\u003c/a> between May 2015 and early 2020. The incidence of such actions surged early on in the pandemic, with nearly 2,500 detainees waging COVID-related hunger strikes between March and July 2020, according to Detention Watch Network.\u003c/p>\n\u003cp>ICE officials and facility staffers have commonly responded with abuse and retaliation against people protesting by \u003ca href=\"https://www.aclu.org/news/immigrants-rights/cruelty-and-coercion-how-ice-abuses-hunger-strikers\">refusing to eat — a First Amendment-protected right\u003c/a>, according to a report by the ACLU and Physicians for Human Rights. The groups analyzed hundreds of hunger strikes in immigration detention between 2013 and 2017. The authors of the report said those responses included use of force, solitary confinement and involuntary medical procedures.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11924388,news_11934879"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Since the issuance of our report in 2021, ICE has not changed its policies or practices with respect to its treatment of hunger strikes. ICE’s failure to do so is of obvious concern,” said Eunice Cho, a senior staff attorney at the ACLU National Prison Project.\u003c/p>\n\u003cp>\u003ca href=\"https://www.ice.gov/detain/detention-management\">Immigration detention\u003c/a> is legally classified as civil and should be nonpunitive, unlike in the criminal justice setting. ICE detains noncitizens to secure their presence for immigration proceedings.\u003c/p>\n\u003cp>While people convicted of aggravated felonies or other crimes are subject to “\u003ca href=\"https://www.ilrc.org/sites/default/files/resources/mandatory_detention_ice_hold_policy_handout.pdf\">mandatory detention (PDF)\u003c/a>,” ICE officials may still decide to free them from custody with conditions after a case-by-case review, according to immigration attorneys. Often, the agency arrests immigrants with a criminal record after they have served sentences and are released from state prison or county jails.\u003c/p>\n\u003cp>\u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">ICE held more than 24,000 people in detention as of the end of January 2023\u003c/a>, slightly more than a year ago, according to the Transactional Records Access Clearinghouse, a data monitoring project at Syracuse University.\u003c/p>\n\u003cp>Nearly \u003ca href=\"https://www.ice.gov/detain/detention-management\">190 men are held at Mesa Verde and Golden State Annex\u003c/a>, according to ICE’s most recent detention statistics.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11941677/until-we-drop-hunger-strike-enters-second-week-as-immigrants-in-ice-detention-protest-conditions","authors":["8659"],"categories":["news_1169","news_6188","news_8"],"tags":["news_32435","news_27626","news_1925","news_21027","news_20202"],"featImg":"news_11941698","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You ask the questions. You decide what Bay Curious investigates. 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Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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