U.S. Immigration and Customs EnforcementU.S. Immigration and Customs Enforcement
California Advocacy Group Sues ICE, Judge Orders Release of All Immigration Policies
California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE
Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California
Protesters Demand ICE Stop Using Yuba Jail to Detain Immigrants
Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces
Senate Democrats Rally for 'Dreamers' Bill, Facing Stiff GOP Opposition
Advocates Work to Combat Vaccine Distrust in ICE Detention Facilities
Biden Tries to Rein in ICE: New Rules Limit Who Immigration Agents Target for Arrest
'They Didn't Listen to Us': ICE Detainee Who Waged Hunger Strikes for COVID-19 Protections Gets Virus
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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":""},"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_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":""},"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_11923465":{"type":"posts","id":"news_11923465","meta":{"index":"posts_1591205157","site":"news","id":"11923465","score":null,"sort":[1661443245000]},"guestAuthors":[],"slug":"immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california","title":"Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California","publishDate":1661443245,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California's existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If individuals have served their time, have paid their debt to society, regardless of where you are born you have a right to restart your life,” she said. “That is the societal contract that we have. And California should not be in the business of collaborating with ICE.”\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 hold\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=\"California Assemblymember Wendy Carrillo\"]'If individuals have served their time, have paid their debt to society, regardless of where you are born, you have a right to restart your life. That is the societal contract that we have.'[/pullquote]The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“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,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we're always proud to say that we're the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we're not the first, because other states have already taken care of this issue. ... It’s time for us to act.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda, Los Angeles resident\"]'I thought I would never say this, but prison is better than this place.'[/pullquote]Huerta called the transfers “double jeopardy” because people often wind up spending additional months or years in ICE detention, where it’s more difficult to mount a defense against deportation.\u003c/p>\n\u003cp>Los Angeles resident Sandra Castañeda lived through that. When her conviction for a murder she didn’t commit was vacated last summer, she thought she’d be going home after 19 years in prison. Instead, she was handed to ICE and held for a year in a private detention center in rural Georgia. She said she saw many women there give up their cases in desperation and accept deportation, because they couldn’t bear the conditions.\u003c/p>\n\u003cp>“I thought I would never say this, but prison is better than this place,” Castañeda said last month in a phone call from the Stewart Detention Center in Lumpkin, Ga. “In prison you have a routine. You have a job, there's classes, there's things to do. ... Here, you’re stuck in a dorm with 23 people, all day, every day.”\u003c/p>\n\u003cp>Castañeda was released this month with the help of a pro bono lawyer, Anoop Prasad of the Asian Law Caucus in San Francisco. An immigration judge ruled that she’s not deportable because she no longer has an aggravated felony on her record.\u003c/p>\n\u003cp>Castañeda’s conviction was wiped away by a California judge after the Legislature eliminated the state’s “felony murder” rule, which had allowed her to be charged with murder because she was driving a car out of which a fatal shot was fired, even though she had no indication that her passenger would shoot. But Prasad noted that Castañeda also earned a commutation from Gov. Gavin Newsom because of her exemplary behavior in prison.\u003c/p>\n\u003cp>“For the governor on the one hand to be like, ‘I'm granting clemency. You're a model for other incarcerated people.’ And then in the next breath to say, ‘Oh, call up ICE and have this person deported,’” makes no sense, Prasad said. “California needs to end this hypocrisy of working with an agency that's so cruel.”\u003c/p>\n\u003cp>A UC San Diego poll last summer found \u003ca href=\"https://usipc.ucsd.edu/publications/usipc-vision-act-final-20210803.pdf\">two-thirds of California voters supported the VISION Act\u003c/a>.\u003c/p>\n\u003cp>The bill could go to a vote in the state Senate next week. Newsom has not given any indication of whether he will sign the bill if it reaches his desk.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Aug. 26 Correction: A previous version of this story mischaracterized SB 54, the California Values Act, saying it allowed police and sheriffs to collaborate with ICE only in cases of immigrants convicted of serious or violent crimes. In fact, the law allows them to do so when a person has been convicted (or in some cases charged) with a long list of crimes, including some misdemeanors.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Backers of the VISION Act, moving through the state Senate this month, say noncitizens released from prison should not be handed over for deportation.","status":"publish","parent":0,"modified":1662486782,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1338},"headData":{"title":"Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California | KQED","description":"Backers of the VISION Act, moving through the state Senate this month, say noncitizens released from prison should not be handed over for deportation.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11923465 https://ww2.kqed.org/news/?p=11923465","disqusUrl":"https://ww2.kqed.org/news/2022/08/25/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california/","disqusTitle":"Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/ef0bfdc7-39e8-4fc2-84ec-aefb0125f855/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California's existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\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>“If individuals have served their time, have paid their debt to society, regardless of where you are born you have a right to restart your life,” she said. “That is the societal contract that we have. And California should not be in the business of collaborating with ICE.”\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 hold\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":"'If individuals have served their time, have paid their debt to society, regardless of where you are born, you have a right to restart your life. That is the societal contract that we have.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"California Assemblymember Wendy Carrillo","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“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,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we're always proud to say that we're the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we're not the first, because other states have already taken care of this issue. ... It’s time for us to act.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I thought I would never say this, but prison is better than this place.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Sandra Castañeda, Los Angeles resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Huerta called the transfers “double jeopardy” because people often wind up spending additional months or years in ICE detention, where it’s more difficult to mount a defense against deportation.\u003c/p>\n\u003cp>Los Angeles resident Sandra Castañeda lived through that. When her conviction for a murder she didn’t commit was vacated last summer, she thought she’d be going home after 19 years in prison. Instead, she was handed to ICE and held for a year in a private detention center in rural Georgia. She said she saw many women there give up their cases in desperation and accept deportation, because they couldn’t bear the conditions.\u003c/p>\n\u003cp>“I thought I would never say this, but prison is better than this place,” Castañeda said last month in a phone call from the Stewart Detention Center in Lumpkin, Ga. “In prison you have a routine. You have a job, there's classes, there's things to do. ... Here, you’re stuck in a dorm with 23 people, all day, every day.”\u003c/p>\n\u003cp>Castañeda was released this month with the help of a pro bono lawyer, Anoop Prasad of the Asian Law Caucus in San Francisco. An immigration judge ruled that she’s not deportable because she no longer has an aggravated felony on her record.\u003c/p>\n\u003cp>Castañeda’s conviction was wiped away by a California judge after the Legislature eliminated the state’s “felony murder” rule, which had allowed her to be charged with murder because she was driving a car out of which a fatal shot was fired, even though she had no indication that her passenger would shoot. But Prasad noted that Castañeda also earned a commutation from Gov. Gavin Newsom because of her exemplary behavior in prison.\u003c/p>\n\u003cp>“For the governor on the one hand to be like, ‘I'm granting clemency. You're a model for other incarcerated people.’ And then in the next breath to say, ‘Oh, call up ICE and have this person deported,’” makes no sense, Prasad said. “California needs to end this hypocrisy of working with an agency that's so cruel.”\u003c/p>\n\u003cp>A UC San Diego poll last summer found \u003ca href=\"https://usipc.ucsd.edu/publications/usipc-vision-act-final-20210803.pdf\">two-thirds of California voters supported the VISION Act\u003c/a>.\u003c/p>\n\u003cp>The bill could go to a vote in the state Senate next week. Newsom has not given any indication of whether he will sign the bill if it reaches his desk.\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\u003cp>\u003cem>Aug. 26 Correction: A previous version of this story mischaracterized SB 54, the California Values Act, saying it allowed police and sheriffs to collaborate with ICE only in cases of immigrants convicted of serious or violent crimes. In fact, the law allows them to do so when a person has been convicted (or in some cases charged) with a long list of crimes, including some misdemeanors.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california","authors":["259"],"categories":["news_1169","news_8","news_13"],"tags":["news_31502","news_3149","news_18123","news_886","news_23883","news_21027","news_20202","news_25409","news_20750","news_3883","news_20529","news_30865"],"featImg":"news_11923545","label":"news"},"news_11899490":{"type":"posts","id":"news_11899490","meta":{"index":"posts_1591205157","site":"news","id":"11899490","score":null,"sort":[1639786385000]},"guestAuthors":[],"slug":"protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants","title":"Protesters Demand ICE Stop Using Yuba Jail to Detain Immigrants","publishDate":1639786385,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Chanting, “Shut it down! Shut it down!,” more than a dozen protesters gathered this week in downtown San Francisco to demand the Biden administration permanently stop detaining immigrants at a county jail north of Sacramento that they say has a long history of dangerous confinement conditions.\u003c/p>\n\u003cp>Yuba County Jail in Marysville is the only remaining public facility in California that gets paid by U.S. Immigration and Customs Enforcement to lock up immigrants fighting deportation.\u003c/p>\n\u003cp>“Detention is always bad, but especially at Yuba County Jail, because of its history of mental health neglect, of medical neglect, of, unfortunately, tragic deaths,” said Laura Duarte Bateman, communications manager with the California Collaborative for Immigrant Justice, which organized Wednesday’s protest outside ICE’s San Francisco offices.[pullquote align=\"right\" size=\"medium\" citation=\"Ricardo Vasquez Cruz, a Salvadoran immigrant who was detained at Yuba County Jail\"]'What I experienced, I don't want another human being to live through that.'[/pullquote]“We’ve seen that, for more than 40 years, they’ve had these really horrible conditions,” she added.\u003c/p>\n\u003cp>The jail has been under the supervision of a federal court since 1979. A consent decree that was negotiated beforehand between the county and attorneys representing people incarcerated in the jail required the facility to improve conditions, including by providing timely medical care and access to exercise and recreation.\u003c/p>\n\u003cp>In 2019, four decades after it went into effect, the consent decree was amended to reflect current issues with the jail. But a recent monitoring report by the original attorneys concluded \u003ca href=\"https://rbgg.com/yuba-county-jail-monitoring-report-again-finds-county-not-in-compliance-with-amended-consent-decree/\">the jail is still not in full compliance\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The report found a number of violations, including a failure to follow intake protocols at the jail, which may have contributed to one person’s death, and the ongoing practice of placing people with serious mental illness in segregated housing units on a long-term basis.\u003c/p>\n\u003cfigure id=\"attachment_11899496\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\">\u003cimg class=\"wp-image-11899496 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\" alt=\"A woman speaks into a microphone, in front of two other women holding a banner that says '¡Somos 11!'\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Laura Duarte Bateman speaks to protesters in front of ICE's offices in San Francisco on Dec. 15, 2021. On her right is Miguel Araujo, 73, who was held by ICE at the Yuba County Jail in 2018 and continues to fight deportation. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In April 2020, the jail held 144 immigrants as part of its arrangement with ICE. But all the \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">detainees were released during the pandemic\u003c/a>, partly as a result of another federal judge’s orders aimed at preventing a COVID-19 outbreak at the facility.\u003c/p>\n\u003cp>Yet, ICE is still on the hook to pay Yuba County at least $23,720 a day as part of their agreement, even though no detainees are currently being held there, according to the Yuba County Sheriff’s Department.\u003c/p>\n\u003cp>That expenditure was criticized as an “obvious waste of resources” by two dozen Democratic members of Congress from California who in October \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/CA%20ICE%20Detention%20Letter.pdf\">expressed their grievances in a letter\u003c/a> to U.S. Department of Homeland Security Secretary Alejandro Mayorkas, whose agency oversees ICE. The lawmakers urged Mayorkas to take immediate steps to end ICE’s contracts with both the jail and two privately run detention centers in the state.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"immigration\"]“Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled,” the letter, signed by Rep. Zoe Lofgren, D-San José, and other lawmakers, said.\u003c/p>\n\u003cp>Mayorkas has not yet replied, said a staffer for Lofgren, who chairs the House Judiciary Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>ICE has not sent any new individuals to the Yuba jail since July 2020, said Kelly Wells, an immigration attorney with the San Francisco Public Defender’s Office who represented detainees in a \u003ca href=\"https://www.aclunc.org/our-work/legal-docket/zepeda-rivas-v-jennings-immigration-detention\">lawsuit\u003c/a> that forced ICE officials to release dozens of people during the pandemic.\u003c/p>\n\u003cp>“ICE is able to conduct its operations without using this facility,” said Wells, whose clients include a \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">young asylum-seeker who waged hunger strikes\u003c/a> at the jail. “So why would you go back to using a facility that can’t comply with people’s constitutional rights in normal times, much less with the heightened level of care they need when there’s a pandemic?”\u003c/p>\n\u003cp>An ICE spokesperson declined to comment on why no individuals are currently held at the jail or whether the agency plans to detain people at the facility anytime soon, as advocates fear.\u003c/p>\n\u003cp>Duarte Bateman, of the California Collaborative for Immigrant Justice, and local immigration attorneys say they believe ICE is planning to restart intakes at Yuba because the agency has requested that an immigration court in San Francisco — whose jurisdiction includes the Yuba facility — reserve time in judges’ schedules to consider new cases of people who would be detained at the jail.\u003c/p>\n\u003cp>But Yuba County Jail is not expecting any ICE detainees this week, said Leslie Carbah, a spokesperson with the Yuba County Sheriff’s Office.\u003c/p>\n\u003cp>“The simple answer is they haven’t needed the housing here,” she said. “However, we are able to accept detainees for housing when ICE has detainees in need of housing.”\u003c/p>\n\u003cp>Carbah defended conditions at the facility and maintained that while some deficiencies have been noted during inspections by state and federal authorities, they have been quickly rectified.\u003c/p>\n\u003cfigure id=\"attachment_11899497\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11899497 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg\" alt=\"A man wearing a jacket and a scarf on a street in San Francisco, with a small group of protesters behind him.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Salvadoran immigrant Ricardo Vasquez Cruz at a protest near ICE's offices in San Francisco on Dec. 15, 2021. Vasquez Cruz, 46, was detained by ICE at Yuba County Jail for more than three years, he said, and released on Oct. 27, 2021. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We have 24/7 medical and mental health care available for those in our custody, and the men and women who work in the Yuba County Jail provide a high level of service,” she said.\u003c/p>\n\u003cp>Nearly 22,000 people were detained in ICE facilities across the country as of Dec. 5, down from more than 27,000 reported in June, according to researchers at Syracuse University. The data shows that \u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">75% of those detained have no criminal record\u003c/a>, while many others have only minor violations, such as traffic infractions.\u003c/p>\n\u003cp>ICE says it must lock up people fighting deportation to ensure they appear for their court hearings. Detention resources are “focused on those who represent a danger to persons or property, for whom detention is mandatory by law, or who may be a flight risk,” said Alethea Smock, the ICE spokesperson.\u003c/p>\n\u003cp>ICE ensures that detainees in its custody “reside in safe, secure and humane environments and under appropriate conditions of confinement,” she added, quoting the agency’s \u003ca href=\"https://www.ice.gov/detain/detention-management\">website\u003c/a>.\u003c/p>\n\u003cp>In theory, civil immigration detention should not be punitive, since the people held by ICE are not serving criminal sentences.\u003c/p>\n\u003cp>But Ricardo Vasquez Cruz, a Salvadoran immigrant who in October became the \u003ca href=\"https://sfpublicdefender.org/news/2021/10/breaking-last-person-in-ice-custody-at-the-yuba-county-jail-released-after-pressure-from-advocates-attorneys-and-members-of-congress/\">last detainee\u003c/a> released from the Yuba jail, said his experience there felt like a punishment — with poor medical care available to treat his diabetes and meals that made his stomach hurt.\u003c/p>\n\u003cp>The father of a 19-year-old U.S. citizen, Vasquez Cruz said he was often locked up in a cell for more than 20 hours a day, and struggled to get soap and other basic necessities.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“What I experienced, I don’t want another human being to live through that,” Vasquez Cruz, 46, told KQED in Spanish, after joining Wednesday’s protest. “Thank God I was able to bear it, but I don’t know if other people can.”[pullquote]\u003c/p>\n\n","blocks":[],"excerpt":"Yuba County Jail in Marysville is the only remaining public facility in California that receives funds from U.S. Immigration and Customs Enforcement to detain immigrants.","status":"publish","parent":0,"modified":1639791534,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1284},"headData":{"title":"Protesters Demand ICE Stop Using Yuba Jail to Detain Immigrants | KQED","description":"Yuba County Jail in Marysville is the only remaining public facility in California that receives funds from U.S. Immigration and Customs Enforcement to detain immigrants.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11899490 https://ww2.kqed.org/news/?p=11899490","disqusUrl":"https://ww2.kqed.org/news/2021/12/17/protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants/","disqusTitle":"Protesters Demand ICE Stop Using Yuba Jail to Detain Immigrants","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/937e2a71-6a12-4096-9dbd-ae000117ca2e/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11899490/protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Chanting, “Shut it down! Shut it down!,” more than a dozen protesters gathered this week in downtown San Francisco to demand the Biden administration permanently stop detaining immigrants at a county jail north of Sacramento that they say has a long history of dangerous confinement conditions.\u003c/p>\n\u003cp>Yuba County Jail in Marysville is the only remaining public facility in California that gets paid by U.S. Immigration and Customs Enforcement to lock up immigrants fighting deportation.\u003c/p>\n\u003cp>“Detention is always bad, but especially at Yuba County Jail, because of its history of mental health neglect, of medical neglect, of, unfortunately, tragic deaths,” said Laura Duarte Bateman, communications manager with the California Collaborative for Immigrant Justice, which organized Wednesday’s protest outside ICE’s San Francisco offices.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What I experienced, I don't want another human being to live through that.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Ricardo Vasquez Cruz, a Salvadoran immigrant who was detained at Yuba County Jail","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“We’ve seen that, for more than 40 years, they’ve had these really horrible conditions,” she added.\u003c/p>\n\u003cp>The jail has been under the supervision of a federal court since 1979. A consent decree that was negotiated beforehand between the county and attorneys representing people incarcerated in the jail required the facility to improve conditions, including by providing timely medical care and access to exercise and recreation.\u003c/p>\n\u003cp>In 2019, four decades after it went into effect, the consent decree was amended to reflect current issues with the jail. But a recent monitoring report by the original attorneys concluded \u003ca href=\"https://rbgg.com/yuba-county-jail-monitoring-report-again-finds-county-not-in-compliance-with-amended-consent-decree/\">the jail is still not in full compliance\u003c/a>.\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 report found a number of violations, including a failure to follow intake protocols at the jail, which may have contributed to one person’s death, and the ongoing practice of placing people with serious mental illness in segregated housing units on a long-term basis.\u003c/p>\n\u003cfigure id=\"attachment_11899496\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\">\u003cimg class=\"wp-image-11899496 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\" alt=\"A woman speaks into a microphone, in front of two other women holding a banner that says '¡Somos 11!'\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Laura Duarte Bateman speaks to protesters in front of ICE's offices in San Francisco on Dec. 15, 2021. On her right is Miguel Araujo, 73, who was held by ICE at the Yuba County Jail in 2018 and continues to fight deportation. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In April 2020, the jail held 144 immigrants as part of its arrangement with ICE. But all the \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">detainees were released during the pandemic\u003c/a>, partly as a result of another federal judge’s orders aimed at preventing a COVID-19 outbreak at the facility.\u003c/p>\n\u003cp>Yet, ICE is still on the hook to pay Yuba County at least $23,720 a day as part of their agreement, even though no detainees are currently being held there, according to the Yuba County Sheriff’s Department.\u003c/p>\n\u003cp>That expenditure was criticized as an “obvious waste of resources” by two dozen Democratic members of Congress from California who in October \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/CA%20ICE%20Detention%20Letter.pdf\">expressed their grievances in a letter\u003c/a> to U.S. Department of Homeland Security Secretary Alejandro Mayorkas, whose agency oversees ICE. The lawmakers urged Mayorkas to take immediate steps to end ICE’s contracts with both the jail and two privately run detention centers in the state.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled,” the letter, signed by Rep. Zoe Lofgren, D-San José, and other lawmakers, said.\u003c/p>\n\u003cp>Mayorkas has not yet replied, said a staffer for Lofgren, who chairs the House Judiciary Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>ICE has not sent any new individuals to the Yuba jail since July 2020, said Kelly Wells, an immigration attorney with the San Francisco Public Defender’s Office who represented detainees in a \u003ca href=\"https://www.aclunc.org/our-work/legal-docket/zepeda-rivas-v-jennings-immigration-detention\">lawsuit\u003c/a> that forced ICE officials to release dozens of people during the pandemic.\u003c/p>\n\u003cp>“ICE is able to conduct its operations without using this facility,” said Wells, whose clients include a \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">young asylum-seeker who waged hunger strikes\u003c/a> at the jail. “So why would you go back to using a facility that can’t comply with people’s constitutional rights in normal times, much less with the heightened level of care they need when there’s a pandemic?”\u003c/p>\n\u003cp>An ICE spokesperson declined to comment on why no individuals are currently held at the jail or whether the agency plans to detain people at the facility anytime soon, as advocates fear.\u003c/p>\n\u003cp>Duarte Bateman, of the California Collaborative for Immigrant Justice, and local immigration attorneys say they believe ICE is planning to restart intakes at Yuba because the agency has requested that an immigration court in San Francisco — whose jurisdiction includes the Yuba facility — reserve time in judges’ schedules to consider new cases of people who would be detained at the jail.\u003c/p>\n\u003cp>But Yuba County Jail is not expecting any ICE detainees this week, said Leslie Carbah, a spokesperson with the Yuba County Sheriff’s Office.\u003c/p>\n\u003cp>“The simple answer is they haven’t needed the housing here,” she said. “However, we are able to accept detainees for housing when ICE has detainees in need of housing.”\u003c/p>\n\u003cp>Carbah defended conditions at the facility and maintained that while some deficiencies have been noted during inspections by state and federal authorities, they have been quickly rectified.\u003c/p>\n\u003cfigure id=\"attachment_11899497\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11899497 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg\" alt=\"A man wearing a jacket and a scarf on a street in San Francisco, with a small group of protesters behind him.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Salvadoran immigrant Ricardo Vasquez Cruz at a protest near ICE's offices in San Francisco on Dec. 15, 2021. Vasquez Cruz, 46, was detained by ICE at Yuba County Jail for more than three years, he said, and released on Oct. 27, 2021. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We have 24/7 medical and mental health care available for those in our custody, and the men and women who work in the Yuba County Jail provide a high level of service,” she said.\u003c/p>\n\u003cp>Nearly 22,000 people were detained in ICE facilities across the country as of Dec. 5, down from more than 27,000 reported in June, according to researchers at Syracuse University. The data shows that \u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">75% of those detained have no criminal record\u003c/a>, while many others have only minor violations, such as traffic infractions.\u003c/p>\n\u003cp>ICE says it must lock up people fighting deportation to ensure they appear for their court hearings. Detention resources are “focused on those who represent a danger to persons or property, for whom detention is mandatory by law, or who may be a flight risk,” said Alethea Smock, the ICE spokesperson.\u003c/p>\n\u003cp>ICE ensures that detainees in its custody “reside in safe, secure and humane environments and under appropriate conditions of confinement,” she added, quoting the agency’s \u003ca href=\"https://www.ice.gov/detain/detention-management\">website\u003c/a>.\u003c/p>\n\u003cp>In theory, civil immigration detention should not be punitive, since the people held by ICE are not serving criminal sentences.\u003c/p>\n\u003cp>But Ricardo Vasquez Cruz, a Salvadoran immigrant who in October became the \u003ca href=\"https://sfpublicdefender.org/news/2021/10/breaking-last-person-in-ice-custody-at-the-yuba-county-jail-released-after-pressure-from-advocates-attorneys-and-members-of-congress/\">last detainee\u003c/a> released from the Yuba jail, said his experience there felt like a punishment — with poor medical care available to treat his diabetes and meals that made his stomach hurt.\u003c/p>\n\u003cp>The father of a 19-year-old U.S. citizen, Vasquez Cruz said he was often locked up in a cell for more than 20 hours a day, and struggled to get soap and other basic necessities.\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\u003cp>“What I experienced, I don’t want another human being to live through that,” Vasquez Cruz, 46, told KQED in Spanish, after joining Wednesday’s protest. “Thank God I was able to bear it, but I don’t know if other people can.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"pullquote","attributes":{"named":{"label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11899490/protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants","authors":["8659"],"categories":["news_1169","news_8"],"tags":["news_21027","news_6884","news_20202","news_20529","news_25025"],"featImg":"news_11899498","label":"news"},"news_11892048":{"type":"posts","id":"news_11892048","meta":{"index":"posts_1591205157","site":"news","id":"11892048","score":null,"sort":[1634087443000]},"guestAuthors":[],"slug":"biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces","title":"Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces","publishDate":1634087443,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>Immigration and Customs Enforcement agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to a new order by Homeland Security Secretary Alejandro Mayorkas.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Alejandro Mayorkas, homeland security secretary\"]'We will not tolerate unscrupulous employers who exploit unauthorized workers.'[/pullquote]The real problem, Mayorkas said in a memorandum released Tuesday, are \"exploitative employers,\" not unauthorized workers.\u003c/p>\n\u003cp>Trump-era raids became tools for suppression, DHS says\u003c/p>\n\u003cp>\"Under the previous administration, these resource-intensive operations resulted in the simultaneous arrest of hundreds of workers,\" DHS said about the change. While the raids attracted attention and made headlines, the agency says they \"were used as a tool by exploitative employers to suppress and retaliate against workers' assertion of labor laws.\"\u003cbr>\n[ad fullwidth]\u003cbr>\nThe announcement is part of a shift in strategy under the Biden administration that puts a new emphasis on going after businesses and employers that violate labor laws. In addition to halting mass raids, it supports the idea of exercising prosecutorial discretion to spare workers from charges if they witness or are the victims of abuse or exploitation in the workplace.\u003c/p>\n\u003cp>\"We will not tolerate unscrupulous employers who exploit unauthorized workers, conduct illegal activities, or impose unsafe working conditions,\" Mayorkas said in a news release about the shift.\u003c/p>\n\u003cp>\"By adopting policies that focus on the most unscrupulous employers,\" he said, \"we will protect workers as well as legitimate American businesses.\"\u003c/p>\n\u003cp>Immigration advocacy groups welcomed the policy shift, although groups such as the National Partnership for New Americans also renewed their call for permanent reform, including legal protections for millions of undocumented immigrants brought to the U.S. as children and those with temporary protected status.\u003c/p>\n\u003cp>[aside label ='More Coverage' tag='immigration']\"We also ask Congress to act courageously and swiftly to include funds in the reconciliation package to provide a pathway to citizenship for Dreamers, TPS holders, farm workers and essential workers,\" said Nicole Melaku, the group's executive director, in an email to NPR.\u003c/p>\n\u003cp>During the Trump administration, ICE carried out several massive workplace raids that the then-president touted as a centerpiece of his crackdown on undocumented immigration. One operation in 2018 resulted in the arrest of 146 employees at a meat processing company in northeast Ohio.\u003c/p>\n\u003cp>That raid was followed by an operation in August 2019 in which ICE agents arrested approximately 680 people at food processing plants in Mississippi.\u003c/p>\n\u003cp>Around that same period, \u003ca href=\"https://www.kqed.org/news/11760782/attorneys-at-least-22-immigrants-arrested-in-bay-area-this-week-as-thousands-fear-ice-raids\">immigration attorneys shared with KQED\u003c/a> that at least 22 people were arrested by immigration authorities in the Bay Area within the span of a week.\u003c/p>\n\u003cp>In 2017, \u003ca href=\"https://www.kqed.org/news/11805331/california-is-a-sanctuary-state-but-some-police-arent-following-the-law-attorneys-say\">California became a so-called \"sanctuary state\"\u003c/a> after it passed SB 54, which limits local law enforcement’s ability to cooperate with federal immigration authorities to cases of serious convicted criminals and to inquire about an individual’s immigration status.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"ICE agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to federal officials who added that they will focus on investigating \"exploitative employers.\"","status":"publish","parent":0,"modified":1634148145,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":489},"headData":{"title":"Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces | KQED","description":"ICE agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to federal officials who added that they will focus on investigating "exploitative employers."","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11892048 https://ww2.kqed.org/news/?p=11892048","disqusUrl":"https://ww2.kqed.org/news/2021/10/12/biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces/","disqusTitle":"Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces","nprByline":"\u003ca href=\"https://www.npr.org/people/14562108/bill-chappell\">Bill Chappell\u003c/a>","path":"/news/11892048/biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigration and Customs Enforcement agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to a new order by Homeland Security Secretary Alejandro Mayorkas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We will not tolerate unscrupulous employers who exploit unauthorized workers.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Alejandro Mayorkas, homeland security secretary","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The real problem, Mayorkas said in a memorandum released Tuesday, are \"exploitative employers,\" not unauthorized workers.\u003c/p>\n\u003cp>Trump-era raids became tools for suppression, DHS says\u003c/p>\n\u003cp>\"Under the previous administration, these resource-intensive operations resulted in the simultaneous arrest of hundreds of workers,\" DHS said about the change. While the raids attracted attention and made headlines, the agency says they \"were used as a tool by exploitative employers to suppress and retaliate against workers' assertion of labor laws.\"\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>\u003cbr>\nThe announcement is part of a shift in strategy under the Biden administration that puts a new emphasis on going after businesses and employers that violate labor laws. In addition to halting mass raids, it supports the idea of exercising prosecutorial discretion to spare workers from charges if they witness or are the victims of abuse or exploitation in the workplace.\u003c/p>\n\u003cp>\"We will not tolerate unscrupulous employers who exploit unauthorized workers, conduct illegal activities, or impose unsafe working conditions,\" Mayorkas said in a news release about the shift.\u003c/p>\n\u003cp>\"By adopting policies that focus on the most unscrupulous employers,\" he said, \"we will protect workers as well as legitimate American businesses.\"\u003c/p>\n\u003cp>Immigration advocacy groups welcomed the policy shift, although groups such as the National Partnership for New Americans also renewed their call for permanent reform, including legal protections for millions of undocumented immigrants brought to the U.S. as children and those with temporary protected status.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"We also ask Congress to act courageously and swiftly to include funds in the reconciliation package to provide a pathway to citizenship for Dreamers, TPS holders, farm workers and essential workers,\" said Nicole Melaku, the group's executive director, in an email to NPR.\u003c/p>\n\u003cp>During the Trump administration, ICE carried out several massive workplace raids that the then-president touted as a centerpiece of his crackdown on undocumented immigration. One operation in 2018 resulted in the arrest of 146 employees at a meat processing company in northeast Ohio.\u003c/p>\n\u003cp>That raid was followed by an operation in August 2019 in which ICE agents arrested approximately 680 people at food processing plants in Mississippi.\u003c/p>\n\u003cp>Around that same period, \u003ca href=\"https://www.kqed.org/news/11760782/attorneys-at-least-22-immigrants-arrested-in-bay-area-this-week-as-thousands-fear-ice-raids\">immigration attorneys shared with KQED\u003c/a> that at least 22 people were arrested by immigration authorities in the Bay Area within the span of a week.\u003c/p>\n\u003cp>In 2017, \u003ca href=\"https://www.kqed.org/news/11805331/california-is-a-sanctuary-state-but-some-police-arent-following-the-law-attorneys-say\">California became a so-called \"sanctuary state\"\u003c/a> after it passed SB 54, which limits local law enforcement’s ability to cooperate with federal immigration authorities to cases of serious convicted criminals and to inquire about an individual’s immigration status.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's Farida Jhabvala Romero.\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/11892048/biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces","authors":["byline_news_11892048"],"categories":["news_1169","news_8"],"tags":["news_29909","news_29052","news_26334","news_18123","news_30040","news_21143","news_21027","news_21702","news_20202","news_23454","news_20529"],"affiliates":["news_253"],"featImg":"news_11892062","label":"news_253"},"news_11878192":{"type":"posts","id":"news_11878192","meta":{"index":"posts_1591205157","site":"news","id":"11878192","score":null,"sort":[1623876596000]},"guestAuthors":[],"slug":"senate-democrats-rally-for-dreamers-bill-facing-stiff-gop-opposition","title":"Senate Democrats Rally for 'Dreamers' Bill, Facing Stiff GOP Opposition","publishDate":1623876596,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A bill that would offer a pathway to citizenship to millions of so-called Dreamers and other immigrants with temporary protections was widely opposed by Republican senators during a hearing at the U.S. Capitol Tuesday, many of whom staunchly advocated instead for stronger border security.\u003c/p>\n\u003cp>The hearing, held on the ninth anniversary of the Deferred Action for Childhood Arrivals program (DACA), which has protected nearly \u003ca href=\"https://www.uscis.gov/sites/default/files/document/data/DACA_performancedata_fy2021_qtr1.pdf\">830,000\u003c/a> immigrants brought to the U.S. as children from being deported, highlighted the steep hurdles this legislation — and other efforts to offer legal status to undocumented immigrants — faces in a sharply divided Senate.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"California Sen. Alex Padilla\"]'These immigrants have put their own health and their family's health on the line to keep America running.'[/pullquote]Under the \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/6\">American Dream and Promise Act\u003c/a>, which the U.S. House passed in March, 2.7 million Dreamers and nearly 400,000 people eligible for Temporary Protected Status (TPS) and other humanitarian protections could apply for permanent residency, \u003ca href=\"https://www.migrationpolicy.org/content/american-dream-and-promise-act-2021-eligibility\">according to a study\u003c/a> by the Migration Policy Institute (MPI). About 24% of them live in California.\u003c/p>\n\u003cp>“No state has more at stake in passing a solution for these individuals than California,” said Sen. Alex Padilla, D-California, chair of the Senate Immigration Subcommittee, who co-led Tuesday's Judiciary Committee hearing.\u003c/p>\n\u003cp>Padilla and other Democrats at the hearing strove to highlight the economic and social contributions of the immigrants who would benefit from the proposed legislation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>An estimated 40,000 health care workers with DACA or TPS status risked their lives during the COVID-19 pandemic but don't have the certainty of permanent residency in the U.S. and could still be deported, Padilla said.\u003c/p>\n\u003cp>“These immigrants have put their own health and their family's health on the line to keep America running,” he added.\u003c/p>\n\u003cp>Two immigrants who have cared for COVID-19 patients testified at the hearing: Rony Ponthieux, a TPS holder who works as a nurse in Miami and is the father of a U.S.-born son in the Army; and Manuel Bernal Mejia, a DACA recipient who is an emergency room physician in Chicago.\u003c/p>\n\u003cp>“I'm honored to serve my community during this pandemic and to help save lives when our country has collectively experienced great loss, even as I face my own uncertain future,” said Bernal Mejia, who grew up in Tennessee. “And while it is true that most Dreamers are not doctors, we all contribute to this country in our own special way. America is our home.”\u003c/p>\n\u003cp>The Judiciary Committee has not yet scheduled a vote on the American Dream and Promise Act yet, an aide to Padilla said.\u003c/p>\n\u003cp>Congress created \u003ca href=\"https://www.uscis.gov/humanitarian/temporary-protected-status\">TPS\u003c/a> in 1990 to provide relief to immigrants in the U.S. who could not return safely to their home countries because of natural disasters, armed conflict or other conditions.\u003c/p>\n\u003cp>DACA recipients must apply to renew their permits to live and work in the U.S. every two years, while TPS permits typically last \u003ca href=\"https://www.uscis.gov/humanitarian/temporary-protected-status\">six to 18 months\u003c/a>, before the Department of Homeland Security decides whether to extend them. Immigrants from El Salvador and Nicaragua have been eligible for TPS more than 15 years.\u003c/p>\n\u003cp>The Trump administration took multiple steps to terminate \u003ca href=\"https://www.kqed.org/news/11823165/weight-back-on-my-shoulders-young-daca-doctor-awaits-supreme-court-ruling\">DACA\u003c/a>, as well as \u003ca href=\"https://www.kqed.org/news/11714388/california-teen-leads-suit-to-keep-hundreds-of-thousands-of-immigrants-in-u-s\">TPS for most holders\u003c/a>, but was halted by the courts. A case challenging DACA's legality is still pending in a Texas district court, injecting more uncertainty into the future of current recipients.\u003c/p>\n\u003cp>Over the last 20 years, several versions of the DREAM Act failed to get the 60 votes needed to pass in the Senate. Meanwhile, public support for immigrants brought to the U.S. illegally as children has grown, with about \u003ca href=\"https://www.pewresearch.org/fact-tank/2020/06/17/americans-broadly-support-legal-status-for-immigrants-brought-to-the-u-s-illegally-as-children/\">three-quarters\u003c/a> of Americans in favor of granting permanent legal status to Dreamers, according to the Pew Research Center.\u003c/p>\n\u003cp>At Tuesday's three-hour hearing, some Republican senators expressed sympathy, especially for DACA holders, but seemed unwilling to move forward on a deal without beefing up border security measures and narrowing the scope of who would be eligible for legalization.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"immigration\"]“If we want to provide legal status for Dreamers, we must secure our border so that we don't find ourselves in the same situation again 20 or 30 years from now,” said Sen. Chuck Grassley, R-Iowa, the ranking member of the Judiciary Committee.\u003c/p>\n\u003cp>Several GOP lawmakers also criticized the bill as a broad “amnesty,” that they believed would incentivize illegal immigration at a time when unlawful border crossing efforts have spiked.\u003c/p>\n\u003cp>In May, U.S. Customs and Border Protection encountered more than \u003ca href=\"https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters\">180,000\u003c/a> immigrants along the southern border, 56% more than in January when President Biden took office. Republican senators linked that increase to the Biden administration's decisions to halt Trump-era restrictive policies such as the \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/21_0601_termination_of_mpp_program.pdf\">Migrant Protection Protocols\u003c/a> and construction of the border wall.\u003c/p>\n\u003cp>But immigration experts say extreme violence and poverty in Central America are the main factors pushing migrants to flee north, not U.S. immigration policies. During the Trump administration, they note, CBP arrests at the southern border nearly tripled, from 304,000 in 2017 to 851,000 in 2019, according to agency \u003ca href=\"https://www.cbp.gov/sites/default/files/assets/documents/2020-Jan/U.S.%20Border%20Patrol%20Fiscal%20Year%20Southwest%20Border%20Sector%20Apprehensions%20%28FY%201960%20-%20FY%202019%29_0.pdf\">data\u003c/a>.\u003c/p>\n\u003cp>Senate Judiciary Committee Chair Dick Durbin, D-Illinois, added that immigration authorities under Biden have expelled 74% of undocumented migrants arrested at the southern border.\u003c/p>\n\u003cp>“So the Biden administration is up against large numbers, but they are clearly not welcoming and opening the door to everyone,” he said.\u003c/p>\n\u003cp>Durbin, who introduced the first DREAM Act in the Senate two decades ago, said he would continue bipartisan discussions on legislation to offer Dreamers and TPS holders U.S. citizenship, as well as come up with a border security bill.\u003c/p>\n\u003cp>“I think we can find justice for people who are eligible under TPS and the DREAM Act without suggesting that the door is open and anyone can come to this country without any kind of scrutiny whatsoever,” he said. “And I can assure you that the battle will continue.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Another bill that aims to offer legal status to undocumented farmworkers, the \u003ca href=\"https://www.kqed.org/news/11866519/nearly-half-a-million-california-farmworkers-could-gain-legal-status-under-new-bill\">Farm Workforce Modernization Act\u003c/a>, was also passed by the House in March but is still awaiting a hearing in the Senate.\u003c/p>\n\n","blocks":[],"excerpt":"'No state has more at stake in passing a solution for these individuals than California,' said California Sen. Alex Padilla, who co-led the Judiciary Committee hearing Tuesday on a bill that would offer a path to citizenship to more than 3 million immigrants.","status":"publish","parent":0,"modified":1623883982,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":1061},"headData":{"title":"Senate Democrats Rally for 'Dreamers' Bill, Facing Stiff GOP Opposition | KQED","description":"'No state has more at stake in passing a solution for these individuals than California,' said California Sen. Alex Padilla, who co-led the Judiciary Committee hearing Tuesday on a bill that would offer a path to citizenship to more than 3 million immigrants.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11878192 https://ww2.kqed.org/news/?p=11878192","disqusUrl":"https://ww2.kqed.org/news/2021/06/16/senate-democrats-rally-for-dreamers-bill-facing-stiff-gop-opposition/","disqusTitle":"Senate Democrats Rally for 'Dreamers' Bill, Facing Stiff GOP Opposition","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/95402523-ecdf-4f23-a9fa-ad49011390a2/audio.mp3","path":"/news/11878192/senate-democrats-rally-for-dreamers-bill-facing-stiff-gop-opposition","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill that would offer a pathway to citizenship to millions of so-called Dreamers and other immigrants with temporary protections was widely opposed by Republican senators during a hearing at the U.S. Capitol Tuesday, many of whom staunchly advocated instead for stronger border security.\u003c/p>\n\u003cp>The hearing, held on the ninth anniversary of the Deferred Action for Childhood Arrivals program (DACA), which has protected nearly \u003ca href=\"https://www.uscis.gov/sites/default/files/document/data/DACA_performancedata_fy2021_qtr1.pdf\">830,000\u003c/a> immigrants brought to the U.S. as children from being deported, highlighted the steep hurdles this legislation — and other efforts to offer legal status to undocumented immigrants — faces in a sharply divided Senate.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'These immigrants have put their own health and their family's health on the line to keep America running.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"California Sen. Alex Padilla","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Under the \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/6\">American Dream and Promise Act\u003c/a>, which the U.S. House passed in March, 2.7 million Dreamers and nearly 400,000 people eligible for Temporary Protected Status (TPS) and other humanitarian protections could apply for permanent residency, \u003ca href=\"https://www.migrationpolicy.org/content/american-dream-and-promise-act-2021-eligibility\">according to a study\u003c/a> by the Migration Policy Institute (MPI). About 24% of them live in California.\u003c/p>\n\u003cp>“No state has more at stake in passing a solution for these individuals than California,” said Sen. Alex Padilla, D-California, chair of the Senate Immigration Subcommittee, who co-led Tuesday's Judiciary Committee hearing.\u003c/p>\n\u003cp>Padilla and other Democrats at the hearing strove to highlight the economic and social contributions of the immigrants who would benefit from the proposed legislation.\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>An estimated 40,000 health care workers with DACA or TPS status risked their lives during the COVID-19 pandemic but don't have the certainty of permanent residency in the U.S. and could still be deported, Padilla said.\u003c/p>\n\u003cp>“These immigrants have put their own health and their family's health on the line to keep America running,” he added.\u003c/p>\n\u003cp>Two immigrants who have cared for COVID-19 patients testified at the hearing: Rony Ponthieux, a TPS holder who works as a nurse in Miami and is the father of a U.S.-born son in the Army; and Manuel Bernal Mejia, a DACA recipient who is an emergency room physician in Chicago.\u003c/p>\n\u003cp>“I'm honored to serve my community during this pandemic and to help save lives when our country has collectively experienced great loss, even as I face my own uncertain future,” said Bernal Mejia, who grew up in Tennessee. “And while it is true that most Dreamers are not doctors, we all contribute to this country in our own special way. America is our home.”\u003c/p>\n\u003cp>The Judiciary Committee has not yet scheduled a vote on the American Dream and Promise Act yet, an aide to Padilla said.\u003c/p>\n\u003cp>Congress created \u003ca href=\"https://www.uscis.gov/humanitarian/temporary-protected-status\">TPS\u003c/a> in 1990 to provide relief to immigrants in the U.S. who could not return safely to their home countries because of natural disasters, armed conflict or other conditions.\u003c/p>\n\u003cp>DACA recipients must apply to renew their permits to live and work in the U.S. every two years, while TPS permits typically last \u003ca href=\"https://www.uscis.gov/humanitarian/temporary-protected-status\">six to 18 months\u003c/a>, before the Department of Homeland Security decides whether to extend them. Immigrants from El Salvador and Nicaragua have been eligible for TPS more than 15 years.\u003c/p>\n\u003cp>The Trump administration took multiple steps to terminate \u003ca href=\"https://www.kqed.org/news/11823165/weight-back-on-my-shoulders-young-daca-doctor-awaits-supreme-court-ruling\">DACA\u003c/a>, as well as \u003ca href=\"https://www.kqed.org/news/11714388/california-teen-leads-suit-to-keep-hundreds-of-thousands-of-immigrants-in-u-s\">TPS for most holders\u003c/a>, but was halted by the courts. A case challenging DACA's legality is still pending in a Texas district court, injecting more uncertainty into the future of current recipients.\u003c/p>\n\u003cp>Over the last 20 years, several versions of the DREAM Act failed to get the 60 votes needed to pass in the Senate. Meanwhile, public support for immigrants brought to the U.S. illegally as children has grown, with about \u003ca href=\"https://www.pewresearch.org/fact-tank/2020/06/17/americans-broadly-support-legal-status-for-immigrants-brought-to-the-u-s-illegally-as-children/\">three-quarters\u003c/a> of Americans in favor of granting permanent legal status to Dreamers, according to the Pew Research Center.\u003c/p>\n\u003cp>At Tuesday's three-hour hearing, some Republican senators expressed sympathy, especially for DACA holders, but seemed unwilling to move forward on a deal without beefing up border security measures and narrowing the scope of who would be eligible for legalization.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“If we want to provide legal status for Dreamers, we must secure our border so that we don't find ourselves in the same situation again 20 or 30 years from now,” said Sen. Chuck Grassley, R-Iowa, the ranking member of the Judiciary Committee.\u003c/p>\n\u003cp>Several GOP lawmakers also criticized the bill as a broad “amnesty,” that they believed would incentivize illegal immigration at a time when unlawful border crossing efforts have spiked.\u003c/p>\n\u003cp>In May, U.S. Customs and Border Protection encountered more than \u003ca href=\"https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters\">180,000\u003c/a> immigrants along the southern border, 56% more than in January when President Biden took office. Republican senators linked that increase to the Biden administration's decisions to halt Trump-era restrictive policies such as the \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/21_0601_termination_of_mpp_program.pdf\">Migrant Protection Protocols\u003c/a> and construction of the border wall.\u003c/p>\n\u003cp>But immigration experts say extreme violence and poverty in Central America are the main factors pushing migrants to flee north, not U.S. immigration policies. During the Trump administration, they note, CBP arrests at the southern border nearly tripled, from 304,000 in 2017 to 851,000 in 2019, according to agency \u003ca href=\"https://www.cbp.gov/sites/default/files/assets/documents/2020-Jan/U.S.%20Border%20Patrol%20Fiscal%20Year%20Southwest%20Border%20Sector%20Apprehensions%20%28FY%201960%20-%20FY%202019%29_0.pdf\">data\u003c/a>.\u003c/p>\n\u003cp>Senate Judiciary Committee Chair Dick Durbin, D-Illinois, added that immigration authorities under Biden have expelled 74% of undocumented migrants arrested at the southern border.\u003c/p>\n\u003cp>“So the Biden administration is up against large numbers, but they are clearly not welcoming and opening the door to everyone,” he said.\u003c/p>\n\u003cp>Durbin, who introduced the first DREAM Act in the Senate two decades ago, said he would continue bipartisan discussions on legislation to offer Dreamers and TPS holders U.S. citizenship, as well as come up with a border security bill.\u003c/p>\n\u003cp>“I think we can find justice for people who are eligible under TPS and the DREAM Act without suggesting that the door is open and anyone can come to this country without any kind of scrutiny whatsoever,” he said. “And I can assure you that the battle will continue.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Another bill that aims to offer legal status to undocumented farmworkers, the \u003ca href=\"https://www.kqed.org/news/11866519/nearly-half-a-million-california-farmworkers-could-gain-legal-status-under-new-bill\">Farm Workforce Modernization Act\u003c/a>, was also passed by the House in March but is still awaiting a hearing in the Senate.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11878192/senate-democrats-rally-for-dreamers-bill-facing-stiff-gop-opposition","authors":["8659"],"programs":["news_72"],"categories":["news_1169","news_8"],"tags":["news_19112","news_18538","news_20226","news_278","news_20415","news_20202","news_21246","news_24242","news_20529"],"featImg":"news_11878241","label":"news_72"},"news_11869046":{"type":"posts","id":"news_11869046","meta":{"index":"posts_1591205157","site":"news","id":"11869046","score":null,"sort":[1618405258000]},"guestAuthors":[],"slug":"advocates-work-to-combat-vaccine-distrust-in-ice-detention-facilities","title":"Advocates Work to Combat Vaccine Distrust in ICE Detention Facilities","publishDate":1618405258,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Immigrant advocates are pushing state officials to increase outreach at facilities where U.S. Immigration and Customs Enforcement detainees are being held, to combat distrust over the COVID-19 vaccine.\u003c/p>\n\u003cp>\"Immigrants inside were saying, 'Hey, they're offering us a vaccine, but we have no information. We have no idea what it's about, if there are any side effects,' \" said Edwin Carmona-Cruz, director of community engagement at the California Collaborative for Immigrant Justice, a coalition of pro-bono legal service providers that offer support to immigrants in detention facilities.\u003c/p>\n\u003cp>While federal, state and local officials have engaged in a public outreach campaign for months to ensure that residents are aware of the facts about the vaccine, advocates say similar efforts have not been made within detention facilities.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Joaquin Arambula, state Assemblymember, D-Fresno\"]'Individuals in detention harbor serious fears and mistrust towards detention operators, and as a result may not feel safe accepting vaccines from these operators.'[/pullquote]And even when information is provided by ICE — or the subcontractors that run their facilities — there is often widespread distrust. There have been \u003ca href=\"https://news.usc.edu/180906/covid-19-suicide-and-substandard-medical-care-driving-high-rate-of-death-among-ice-detainees/\">numerous reports\u003c/a> of the substandard health care provided at ICE facilities, and advocates say detainees may be skeptical of what immigration officials are telling them.\u003c/p>\n\u003cp>\"Individuals in detention harbor serious fears and mistrust toward detention operators, and as a result may not feel safe accepting vaccines from these operators,\" said state Assemblymember Joaquin Arambula, D-Fresno, at a press conference on Monday.\u003c/p>\n\u003cp>\"Given these serious challenges around trust towards detention operators, it is clear that the public health officials and the community can play a vital role with respect to how vaccinations and information are presented and shared with individuals inside these facilities.\"\u003c/p>\n\u003cp>Arambula has introduced \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB263\">Assembly Bill 263\u003c/a>, which would \"require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.\"\u003c/p>\n\u003cp>\"There is no trust — and there's mistrust — in both ICE and for-profit prison operators like GEO Group and Core Civic,\" Carmona-Cruz said. \"How are they going to believe that the information that they're giving to them is true when ... the medical care and medical negligence that happens in these facilities runs rampant.\"\u003c/p>\n\u003cp>[aside postID=\"news_11856995\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg\"]After hearing these concerns from detainees, Carmona-Cruz and others took on another approach. For three weeks, they've operated a hotline — staffed by health care professionals — that people in ICE detention could call to get any of their questions answered.\u003c/p>\n\u003cp>So far, the program has only been in place at a few facilities: the Yuba County Jail, Golden State Annex and the Mesa Verde ICE Processing Facility. But advocates say it's the state's responsibility to expand these efforts.\u003c/p>\n\u003cp>Dr. Daniel Turner-Lloveras, a physician at Harbor-UCLA Medical Center, is one of the health care providers who's been staffing these calls. He says a systematic approach is needed to address \"medical mistrust\" in detention facilities, since any infection hot spots will \"contribute to the spread of COVID-19.\"\u003c/p>\n\u003cp>\"We must try our best to counteract this misinformation by educating our patients in a way that they're going to understand, in a cultural and linguistically appropriate, patient-centered fashion,\" Turner-Lloveras said.\u003c/p>\n\u003cp>In a statement, a spokesperson for CoreCivic — which runs the Otay Mesa Detention Center in San Diego — said it has \"rigorously followed the guidance of local, state and federal health authorities, as well as our government partners.\"\u003c/p>\n\u003cp>The Management & Training Corporation, which operates the Imperial Regional Detention Facility in Calexico, said it is providing the vaccine to \"all detainees who have expressed their desire to be vaccinated,\" and is providing informational sessions and documents about the vaccine in English, Spanish and other languages.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jackie Gonzalez, policy director of Immigrant Defense Advocates\"]'Report after report came out that the federal government and the state government essentially played a game of hot potato.'[/pullquote]In a statement, ICE said it is \"firmly committed to the health and welfare of all those in its custody.\"\u003c/p>\n\u003cp>People in immigration detention facilities became eligible for the vaccine back in March. Advocates said there were \u003ca href=\"https://www.kqed.org/news/11857822/advocates-fear-immigrant-detainees-could-be-left-out-of-vaccination-plans\">months of back and forth\u003c/a> over who was responsible for providing the vaccine — the state or the federal government.\u003c/p>\n\u003cp>\"Report after report came out that the federal government and the state government essentially played a game of hot potato,\" said Jackie Gonzalez, policy director of Immigrant Defense Advocates.\u003c/p>\n\u003cp>This caused widespread concerns among advocates that detainees would be left out.\u003c/p>\n\u003cp>[aside tag=\"mesa-verde\" label=\"more coverage\"]Eventually, on March 11, \u003ca href=\"https://www.kqed.org/news/11864820/ice-detainees-in-california-now-eligible-for-covid-19-vaccine\">state officials opted to include the immigrant detention centers\u003c/a> in their March 15 rollout of the vaccine — since they are considered to be in high-risk congregate care facilities. This meant that the state would provide vaccine doses for detainees to county health departments, who would in turn provide them to detention centers to administer to the people held there.\u003c/p>\n\u003cp>Overall, Carmona-Cruz said, California should recognize that vaccinating people in detention will ultimately help the state achieve its goals.\u003c/p>\n\u003cp>\"Immigrants in detention are also our neighbors, our friends, our family members, [they're] residents of the state. And they're also contributing to the success of how the state does. So we definitely need to consider and characterize it that way,\" he said.\u003c/p>\n\u003cp>As of April 12, 777 people in ICE detention in California have contracted the coronavirus since the pandemic started.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"California currently provides COVID-19 vaccines to immigrants detained in ICE detention centers. Advocates argue that authorities are not doing enough to provide adequate information about the vaccine to this vulnerable group.","status":"publish","parent":0,"modified":1618422200,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":951},"headData":{"title":"Advocates Work to Combat Vaccine Distrust in ICE Detention Facilities | KQED","description":"California currently provides COVID-19 vaccines to immigrants detained in ICE detention centers. Advocates argue that authorities are not doing enough to provide adequate information about the vaccine to this vulnerable group.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11869046 https://ww2.kqed.org/news/?p=11869046","disqusUrl":"https://ww2.kqed.org/news/2021/04/14/advocates-work-to-combat-vaccine-distrust-in-ice-detention-facilities/","disqusTitle":"Advocates Work to Combat Vaccine Distrust in ICE Detention Facilities","path":"/news/11869046/advocates-work-to-combat-vaccine-distrust-in-ice-detention-facilities","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigrant advocates are pushing state officials to increase outreach at facilities where U.S. Immigration and Customs Enforcement detainees are being held, to combat distrust over the COVID-19 vaccine.\u003c/p>\n\u003cp>\"Immigrants inside were saying, 'Hey, they're offering us a vaccine, but we have no information. We have no idea what it's about, if there are any side effects,' \" said Edwin Carmona-Cruz, director of community engagement at the California Collaborative for Immigrant Justice, a coalition of pro-bono legal service providers that offer support to immigrants in detention facilities.\u003c/p>\n\u003cp>While federal, state and local officials have engaged in a public outreach campaign for months to ensure that residents are aware of the facts about the vaccine, advocates say similar efforts have not been made within detention facilities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Individuals in detention harbor serious fears and mistrust towards detention operators, and as a result may not feel safe accepting vaccines from these operators.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Joaquin Arambula, state Assemblymember, D-Fresno","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>And even when information is provided by ICE — or the subcontractors that run their facilities — there is often widespread distrust. There have been \u003ca href=\"https://news.usc.edu/180906/covid-19-suicide-and-substandard-medical-care-driving-high-rate-of-death-among-ice-detainees/\">numerous reports\u003c/a> of the substandard health care provided at ICE facilities, and advocates say detainees may be skeptical of what immigration officials are telling them.\u003c/p>\n\u003cp>\"Individuals in detention harbor serious fears and mistrust toward detention operators, and as a result may not feel safe accepting vaccines from these operators,\" said state Assemblymember Joaquin Arambula, D-Fresno, at a press conference on Monday.\u003c/p>\n\u003cp>\"Given these serious challenges around trust towards detention operators, it is clear that the public health officials and the community can play a vital role with respect to how vaccinations and information are presented and shared with individuals inside these facilities.\"\u003c/p>\n\u003cp>Arambula has introduced \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB263\">Assembly Bill 263\u003c/a>, which would \"require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.\"\u003c/p>\n\u003cp>\"There is no trust — and there's mistrust — in both ICE and for-profit prison operators like GEO Group and Core Civic,\" Carmona-Cruz said. \"How are they going to believe that the information that they're giving to them is true when ... the medical care and medical negligence that happens in these facilities runs rampant.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11856995","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>After hearing these concerns from detainees, Carmona-Cruz and others took on another approach. For three weeks, they've operated a hotline — staffed by health care professionals — that people in ICE detention could call to get any of their questions answered.\u003c/p>\n\u003cp>So far, the program has only been in place at a few facilities: the Yuba County Jail, Golden State Annex and the Mesa Verde ICE Processing Facility. But advocates say it's the state's responsibility to expand these efforts.\u003c/p>\n\u003cp>Dr. Daniel Turner-Lloveras, a physician at Harbor-UCLA Medical Center, is one of the health care providers who's been staffing these calls. He says a systematic approach is needed to address \"medical mistrust\" in detention facilities, since any infection hot spots will \"contribute to the spread of COVID-19.\"\u003c/p>\n\u003cp>\"We must try our best to counteract this misinformation by educating our patients in a way that they're going to understand, in a cultural and linguistically appropriate, patient-centered fashion,\" Turner-Lloveras said.\u003c/p>\n\u003cp>In a statement, a spokesperson for CoreCivic — which runs the Otay Mesa Detention Center in San Diego — said it has \"rigorously followed the guidance of local, state and federal health authorities, as well as our government partners.\"\u003c/p>\n\u003cp>The Management & Training Corporation, which operates the Imperial Regional Detention Facility in Calexico, said it is providing the vaccine to \"all detainees who have expressed their desire to be vaccinated,\" and is providing informational sessions and documents about the vaccine in English, Spanish and other languages.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Report after report came out that the federal government and the state government essentially played a game of hot potato.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jackie Gonzalez, policy director of Immigrant Defense Advocates","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a statement, ICE said it is \"firmly committed to the health and welfare of all those in its custody.\"\u003c/p>\n\u003cp>People in immigration detention facilities became eligible for the vaccine back in March. Advocates said there were \u003ca href=\"https://www.kqed.org/news/11857822/advocates-fear-immigrant-detainees-could-be-left-out-of-vaccination-plans\">months of back and forth\u003c/a> over who was responsible for providing the vaccine — the state or the federal government.\u003c/p>\n\u003cp>\"Report after report came out that the federal government and the state government essentially played a game of hot potato,\" said Jackie Gonzalez, policy director of Immigrant Defense Advocates.\u003c/p>\n\u003cp>This caused widespread concerns among advocates that detainees would be left out.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"mesa-verde","label":"more coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Eventually, on March 11, \u003ca href=\"https://www.kqed.org/news/11864820/ice-detainees-in-california-now-eligible-for-covid-19-vaccine\">state officials opted to include the immigrant detention centers\u003c/a> in their March 15 rollout of the vaccine — since they are considered to be in high-risk congregate care facilities. This meant that the state would provide vaccine doses for detainees to county health departments, who would in turn provide them to detention centers to administer to the people held there.\u003c/p>\n\u003cp>Overall, Carmona-Cruz said, California should recognize that vaccinating people in detention will ultimately help the state achieve its goals.\u003c/p>\n\u003cp>\"Immigrants in detention are also our neighbors, our friends, our family members, [they're] residents of the state. And they're also contributing to the success of how the state does. So we definitely need to consider and characterize it that way,\" he said.\u003c/p>\n\u003cp>As of April 12, 777 people in ICE detention in California have contracted the coronavirus since the pandemic started.\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>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11869046/advocates-work-to-combat-vaccine-distrust-in-ice-detention-facilities","authors":["11526"],"categories":["news_457","news_1169","news_8"],"tags":["news_27240","news_21027","news_6884","news_17708","news_20202","news_27797","news_20529"],"featImg":"news_11869381","label":"news"},"news_11861170":{"type":"posts","id":"news_11861170","meta":{"index":"posts_1591205157","site":"news","id":"11861170","score":null,"sort":[1613766161000]},"guestAuthors":[],"slug":"biden-tries-to-rein-in-ice-new-rules-limit-who-immigration-agents-target-for-arrest","title":"Biden Tries to Rein in ICE: New Rules Limit Who Immigration Agents Target for Arrest","publishDate":1613766161,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>After four years of former President Donald Trump's immigration crackdown, the Biden administration on Thursday announced new guidelines that are expected to sharply limit arrests and deportations carried out by Immigration and Customs Enforcement. \u003c/p>\n\u003cp>Under the guidance, ICE agents and officers have been told to prioritize threats to national security and public safety when deciding whom to arrest, detain and deport.\u003c/p>\n\u003cp>ICE officials said the guidance is intended to help the agency allocate its limited resources to cases the public cares about most.\u003c/p>\n\u003cp>\"Like every law enforcement agency at the local, state, and federal level, we must prioritize our efforts to achieve the greatest security and safety impact,\" ICE acting Director Tae Johnson said in a statement. \u003c/p>\n\u003cp>The guidance to ICE agents is part of a broader effort by President Biden to roll back the previous administration's hard-line immigration policies. Also on Thursday, \u003ca href=\"https://www.npr.org/2021/02/18/968989967/democrats-unveil-sweeping-immigration-bill\">congressional Democrats unveiled an immigration bill\u003c/a> – \u003ca href=\"https://www.npr.org/sections/inauguration-day-live-updates/2021/01/20/958626092/on-immigration-biden-goes-big-in-opening-bid-to-congress\">a plan that President Biden had proposed on his first day in office\u003c/a>.\u003c/p>\n\u003cp>The bill includes a path to citizenship for the estimated 11 million undocumented immigrants living in the United States and a fast-track process for young \"Dreamer\" immigrants brought to the country illegally as children. The bill faces steep hurdles in a divided Congress. \u003c/p>\n\u003cp>Changes at ICE also face pushback – from outside the agency and within. Immigration hawks complain that the new guidance will prevent ICE agents and officers from doing their jobs – in essence, abolishing ICE without actually abolishing it. \u003c/p>\n\u003cp>\"The men and women of ICE, they took an oath to enforce immigration laws,\" said Thomas Homan, who served as acting ICE director under former President Trump. \"It's unfortunate they can't do the job. ... And it's unfortunate that many criminals are going to be walking the streets of America because this administration simply thinks they're not important enough to take off the streets.\"\u003c/p>\n\u003cp>ICE is charged with enforcing the nation's immigration laws – including arresting and deporting people living in the country illegally. In many ways, its agents became the public face of Trump's immigration crackdown, spreading fear and confusion in immigrant communities. \u003c/p>\n\u003cp>The new guidance also was greeted with criticism from some immigrant advocates. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Naureen Shah, senior advocacy and policy counsel for the American Civil Liberties Union, said in a statement that the Biden administration isn't going far enough to \"fully break from the harmful deportation policies of both the Trump and Obama presidencies.\"\u003c/p>\n\u003cp>Shah said the guidance would lead to \"continued disproportionate deportations of Black and Brown immigrants, including Muslims\" and that it contradicts the Biden administration's pledge to make sure that people seeking asylum are treated with dignity. \u003c/p>\n\u003cp>The new guidance directs ICE agents and officers to focus on non-citizens who recently crossed the border illegally, or who are deemed to be threats to national security or public safety. \u003c/p>\n\u003cp>The guidance defines a public safety threat as someone who has been convicted of an aggravated felony, such as murder and rape, or of actively participating in a criminal street gang. \u003c/p>\n\u003cp>Field officers have been instructed to seek preapproval from supervisors before making arrests of non-citizens convicted of other crimes, such as minor drug offenses, immigration offenses and driving under the influence. \u003c/p>\n\u003cp>In practice, that means ICE arrests would be limited largely to immigrants who have been convicted of felony offenses and are already detained in federal or state prisons. \u003c/p>\n\u003cp>It's not unusual for enforcement priorities at ICE to change from administration to administration – nor is it unusual for the changes to be controversial.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='ice']The Obama administration instructed ICE to prioritize criminals for removal. Obama then faced criticism from immigrant advocates who decried the dramatic rise in deportations under his watch, as well as immigration hard-liners who said he shouldn't have set any priorities that tied agents' hands. \u003c/p>\n\u003cp>The Biden administration guidelines are more restrictive – and facing the same range of criticism. \u003c/p>\n\u003cp>\"Obama-era policies ... set a dangerous precedent for the non-enforcement of the immigration laws of the United States in the name of prioritizing scarce ICE resources,\" said Andrew Arthur, a former immigration judge who is now at the Center for Immigration Studies, a nonprofit in Washington that advocates for lower levels of immigration. \u003c/p>\n\u003cp>The Biden administration's plan is \"much, much worse,\" Arthur \u003ca href=\"https://cis.org/Arthur/Biden-Limits-Immigration-Enforcement-Are-Much-Worse-Even-Obamas\">wrote in a blog post\u003c/a>.\u003c/p>\n\u003cp>Homan, the former acting director of ICE, predicted that the new guidance would hurt morale at the agency.\u003c/p>\n\u003cp>While the union representing ICE agents has been silent on the new Biden guidance, the National ICE Council twice endorsed Trump for president and agents talked openly about feeling empowered during his administration.\u003c/p>\n\u003cp>Shortly before the Trump administration ended, the union signed an unusual labor agreement with ICE. According to a whistleblower complaint, the deal would have given the union extraordinary power to \"indefinitely delay\" changes to immigration enforcement policies that it doesn't like. \u003c/p>\n\u003cp>The Biden administration said this week it is moving to scrap the deal. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Biden+Tries+To+Rein+In+ICE%3A+New+Rules+Limit+Who+Immigration+Agents+Target+for+Arrest+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"After four years of stepped-up enforcement, the Biden administration announced new guidelines that sharply limit who can be arrested and deported by Immigration and Customs Enforcement agents.","status":"publish","parent":0,"modified":1613769323,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":850},"headData":{"title":"Biden Tries to Rein in ICE: New Rules Limit Who Immigration Agents Target for Arrest | KQED","description":"After four years of stepped-up enforcement, the Biden administration announced new guidelines that sharply limit who can be arrested and deported by Immigration and Customs Enforcement agents.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11861170 https://ww2.kqed.org/news/?p=11861170","disqusUrl":"https://ww2.kqed.org/news/2021/02/19/biden-tries-to-rein-in-ice-new-rules-limit-who-immigration-agents-target-for-arrest/","disqusTitle":"Biden Tries to Rein in ICE: New Rules Limit Who Immigration Agents Target for Arrest","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Gregory Bull","nprByline":"\u003ca href=\"https://www.npr.org/people/159989569/joel-rose\">Joel Rose\u003c/a>","nprImageAgency":"AP","nprStoryId":"969083367","nprApiLink":"http://api.npr.org/query?id=969083367&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2021/02/18/969083367/biden-tells-ice-to-chill-new-rules-limit-who-immigration-agents-target-for-arres?ft=nprml&f=969083367","nprRetrievedStory":"1","nprPubDate":"Thu, 18 Feb 2021 18:10:00 -0500","nprStoryDate":"Thu, 18 Feb 2021 14:20:27 -0500","nprLastModifiedDate":"Thu, 18 Feb 2021 18:10:50 -0500","path":"/news/11861170/biden-tries-to-rein-in-ice-new-rules-limit-who-immigration-agents-target-for-arrest","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After four years of former President Donald Trump's immigration crackdown, the Biden administration on Thursday announced new guidelines that are expected to sharply limit arrests and deportations carried out by Immigration and Customs Enforcement. \u003c/p>\n\u003cp>Under the guidance, ICE agents and officers have been told to prioritize threats to national security and public safety when deciding whom to arrest, detain and deport.\u003c/p>\n\u003cp>ICE officials said the guidance is intended to help the agency allocate its limited resources to cases the public cares about most.\u003c/p>\n\u003cp>\"Like every law enforcement agency at the local, state, and federal level, we must prioritize our efforts to achieve the greatest security and safety impact,\" ICE acting Director Tae Johnson said in a statement. \u003c/p>\n\u003cp>The guidance to ICE agents is part of a broader effort by President Biden to roll back the previous administration's hard-line immigration policies. Also on Thursday, \u003ca href=\"https://www.npr.org/2021/02/18/968989967/democrats-unveil-sweeping-immigration-bill\">congressional Democrats unveiled an immigration bill\u003c/a> – \u003ca href=\"https://www.npr.org/sections/inauguration-day-live-updates/2021/01/20/958626092/on-immigration-biden-goes-big-in-opening-bid-to-congress\">a plan that President Biden had proposed on his first day in office\u003c/a>.\u003c/p>\n\u003cp>The bill includes a path to citizenship for the estimated 11 million undocumented immigrants living in the United States and a fast-track process for young \"Dreamer\" immigrants brought to the country illegally as children. The bill faces steep hurdles in a divided Congress. \u003c/p>\n\u003cp>Changes at ICE also face pushback – from outside the agency and within. Immigration hawks complain that the new guidance will prevent ICE agents and officers from doing their jobs – in essence, abolishing ICE without actually abolishing it. \u003c/p>\n\u003cp>\"The men and women of ICE, they took an oath to enforce immigration laws,\" said Thomas Homan, who served as acting ICE director under former President Trump. \"It's unfortunate they can't do the job. ... And it's unfortunate that many criminals are going to be walking the streets of America because this administration simply thinks they're not important enough to take off the streets.\"\u003c/p>\n\u003cp>ICE is charged with enforcing the nation's immigration laws – including arresting and deporting people living in the country illegally. In many ways, its agents became the public face of Trump's immigration crackdown, spreading fear and confusion in immigrant communities. \u003c/p>\n\u003cp>The new guidance also was greeted with criticism from some immigrant advocates. \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>Naureen Shah, senior advocacy and policy counsel for the American Civil Liberties Union, said in a statement that the Biden administration isn't going far enough to \"fully break from the harmful deportation policies of both the Trump and Obama presidencies.\"\u003c/p>\n\u003cp>Shah said the guidance would lead to \"continued disproportionate deportations of Black and Brown immigrants, including Muslims\" and that it contradicts the Biden administration's pledge to make sure that people seeking asylum are treated with dignity. \u003c/p>\n\u003cp>The new guidance directs ICE agents and officers to focus on non-citizens who recently crossed the border illegally, or who are deemed to be threats to national security or public safety. \u003c/p>\n\u003cp>The guidance defines a public safety threat as someone who has been convicted of an aggravated felony, such as murder and rape, or of actively participating in a criminal street gang. \u003c/p>\n\u003cp>Field officers have been instructed to seek preapproval from supervisors before making arrests of non-citizens convicted of other crimes, such as minor drug offenses, immigration offenses and driving under the influence. \u003c/p>\n\u003cp>In practice, that means ICE arrests would be limited largely to immigrants who have been convicted of felony offenses and are already detained in federal or state prisons. \u003c/p>\n\u003cp>It's not unusual for enforcement priorities at ICE to change from administration to administration – nor is it unusual for the changes to be controversial.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"ice"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Obama administration instructed ICE to prioritize criminals for removal. Obama then faced criticism from immigrant advocates who decried the dramatic rise in deportations under his watch, as well as immigration hard-liners who said he shouldn't have set any priorities that tied agents' hands. \u003c/p>\n\u003cp>The Biden administration guidelines are more restrictive – and facing the same range of criticism. \u003c/p>\n\u003cp>\"Obama-era policies ... set a dangerous precedent for the non-enforcement of the immigration laws of the United States in the name of prioritizing scarce ICE resources,\" said Andrew Arthur, a former immigration judge who is now at the Center for Immigration Studies, a nonprofit in Washington that advocates for lower levels of immigration. \u003c/p>\n\u003cp>The Biden administration's plan is \"much, much worse,\" Arthur \u003ca href=\"https://cis.org/Arthur/Biden-Limits-Immigration-Enforcement-Are-Much-Worse-Even-Obamas\">wrote in a blog post\u003c/a>.\u003c/p>\n\u003cp>Homan, the former acting director of ICE, predicted that the new guidance would hurt morale at the agency.\u003c/p>\n\u003cp>While the union representing ICE agents has been silent on the new Biden guidance, the National ICE Council twice endorsed Trump for president and agents talked openly about feeling empowered during his administration.\u003c/p>\n\u003cp>Shortly before the Trump administration ended, the union signed an unusual labor agreement with ICE. According to a whistleblower complaint, the deal would have given the union extraordinary power to \"indefinitely delay\" changes to immigration enforcement policies that it doesn't like. \u003c/p>\n\u003cp>The Biden administration said this week it is moving to scrap the deal. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Biden+Tries+To+Rein+In+ICE%3A+New+Rules+Limit+Who+Immigration+Agents+Target+for+Arrest+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11861170/biden-tries-to-rein-in-ice-new-rules-limit-who-immigration-agents-target-for-arrest","authors":["byline_news_11861170"],"categories":["news_1169","news_8","news_13"],"tags":["news_18538","news_21027","news_717","news_17968","news_20529","news_244"],"featImg":"news_11861171","label":"source_news_11861170"},"news_11856995":{"type":"posts","id":"news_11856995","meta":{"index":"posts_1591205157","site":"news","id":"11856995","score":null,"sort":[1611697730000]},"guestAuthors":[],"slug":"they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus","title":"'They Didn't Listen to Us': ICE Detainee Who Waged Hunger Strikes for COVID-19 Protections Gets Virus","publishDate":1611697730,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003ca href=\"https://www.kqed.org/news/11858607/no-nos-escucharon-se-contagia-de-covid-19-el-inmigrante-detenido-por-ice-que-realizo-una-huelga-de-hambre-en-favor-de-mas-protecciones-contra-la-pandemia\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>At the beginning of January, Juan Jose Erazo Herrera found himself coughing up blood and having difficulty breathing. The 20-year-old asylum seeker, held by immigration authorities at a jail north of Sacramento, tested positive for COVID-19 on Jan. 7, a few days after his symptoms began.\u003c/p>\n\u003cp>The diagnosis felt particularly stinging to Erazo Herrera. He had repeatedly called on officials with U.S. Immigration and Customs Enforcement and the Yuba County Jail to do more to prevent a coronavirus outbreak at the facility, including \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">waging hunger strikes\u003c/a> last year to protest what he believed were unsafe conditions.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Juan Jose Erazo Herrera, ICE detainee at Yuba County Jail\"]'It’s not our fault we get sick when we can’t protect ourselves.'[/pullquote]“They didn’t listen to us,” Erazo Herrera said in Spanish. “And it’s really unfair. It’s not our fault we get sick when we can’t protect ourselves.”\u003c/p>\n\u003cp>The coronavirus has spread rapidly at the Yuba County Jail, infecting about half of all the people currently locked up there. More than 120 county inmates and nine ICE detainees at the facility have tested positive for COVID-19 since last month.\u003c/p>\n\u003cp>Guards isolated Erazo Herrera in a small, concrete cell with no windows for 12 days, he said. When he was first placed there, he said the conditions were squalid, with a filthy toilet, moldy walls and a bed covered in dust and other people’s hair.\u003c/p>\n\u003cp>“I’m not going to lie, when I first saw the cell, I started crying,” said Erazo Herrera, who is originally from El Salvador. “I tried to protest. It made me so sad to see how dirty it was.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Guards told him the unit was the only one available for quarantine, he said. He asked for cleaning products and wiped it down himself despite having a severe headache and shortness of breath.\u003c/p>\n\u003cp>During the pandemic, a federal judge in San Francisco has been monitoring conditions at the jail, located in Marysville, and on Dec. 23 he ordered ICE take steps to protect detainees, including testing them at least weekly for the coronavirus, and ensuring cells are cleaned and disinfected.\u003c/p>\n\u003cp>U.S. District Judge Vince Chhabria intervened after immigrants held at Yuba County Jail and another facility in Bakersfield \u003ca href=\"https://www.kqed.org/news/11832472/people-are-terrified-sf-judge-orders-covid-19-testing-at-ice-facility\">sued to force ICE to release detainees\u003c/a> in an effort to reduce the detained population and allow for social distancing.\u003c/p>\n\u003cp>But the cleaning requirement at Yuba County Jail isn’t being met, said Kelly Wells, an attorney with the San Francisco Public Defender’s immigration unit, who represents Erazo Herrera.\u003c/p>\n\u003cp>“We've heard consistently from every single detainee who has been moved since the order that they have arrived to filthy cells that clearly hadn't even been cleaned, much less disinfected,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11857142\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-full wp-image-11857142\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Yuba-County-Jail-Cells.jpg\" alt=\"Exterior doors of isolation cells at Yuba County Jail\" width=\"800\" height=\"577\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Yuba-County-Jail-Cells.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Yuba-County-Jail-Cells-160x115.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">ICE detainees and other people incarcerated at Yuba County Jail can be placed in isolation in windowless 'safety cells' for days at a time. \u003ccite>(Courtesy Rosen Bien Galvan & Grunfeld LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A spokeswoman with the Yuba County Sheriff’s Office, which oversees the jail, referred questions to ICE. The immigration agency also declined to comment about the conditions of Erazo Herrera’s medical segregation.\u003c/p>\n\u003cp>“U.S. Immigration and Customs Enforcement cannot comment due to pending litigation,” said ICE spokesman Jonathan Moor in a statement. “However, a lack of comment should not be construed as an agreement with or stipulation to any allegations.”\u003c/p>\n\u003cp>Nearly 9,000 people have tested positive for COVID-19 while in ICE detention, according to agency \u003ca href=\"https://www.ice.gov/coronavirus#detStat\">figures\u003c/a>.\u003c/p>\n\u003cp>ICE detention centers must ensure that medical isolation is “operationally distinct” from any punitive form of housing, according to the agency’s \u003ca href=\"https://www.ice.gov/doclib/coronavirus/eroCOVID19responseReqsCleanFacilities.pdf\">pandemic response requirements\u003c/a>. For instance, facilities must provide detainees with access to TV, recreation and books to the fullest extent possible.\u003c/p>\n\u003cp>But immigrants held at various detention centers, including private prisons and county jails, have reported that ICE is \u003ca href=\"https://www.kqed.org/news/11841120/ice-misusing-solitary-confinement-for-covid-19-quarantine-detainees-say\">misusing solitary confinement\u003c/a> for COVID-19 quarantine. Erazo Herrera said the 12-day quarantine he experienced felt like a punishment, and his mental health deteriorated.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='immigration']He was kept in the cell alone, 22 hours per day, he said. For days, there was nothing for him to do to pass the time. The jail eventually allowed him to have books friends outside the jail sent him, he said.\u003c/p>\n\u003cp>“That cell is not for a human being, it’s like for keeping a dangerous animal locked up. There’s no TV, there’s nothing,” said Erazo Herrera. “You start feeling so depressed that you think about killing yourself. You wonder what you’ve done to deserve to be treated this way.”\u003c/p>\n\u003cp>He was released from medical segregation last week and said he no longer feels severe COVID-19 symptoms.\u003c/p>\n\u003cp>Since April, the ICE detainee population at Yuba County Jail has decreased from 144 to 16 people. Judge Chhabria ordered the agency to release more than 50 immigrants from the facility. Others were transferred, deported or released by ICE, which can free individuals after assessing their public safety and flight risk.\u003c/p>\n\u003cp>Attorney Wells said conditions are so miserable that some immigrants held at Yuba County Jail have given up and agreed to be deported after just one month in detention. But Erazo Herrera has endured three years at the jail as he waits for his asylum case to be decided.\u003c/p>\n\u003cp>“Juan Jose has not agreed to deportation because he really is in a dire situation,” said Wells. “In addition to the abuse that he suffered by his mother, he was also repeatedly beaten by gang members and threatened with death.”\u003c/p>\n\u003cp>Erazo Herrera fled El Salvador and crossed the U.S. border without a parent when he was 16. Officials with the Office of Refugee Resettlement, the agency responsible for caring for unaccompanied migrant minors, took him into custody and subsequently released him to an older brother in New York, said Wells.\u003c/p>\n\u003cp>But Erazo Herrera was involved in a robbery, for which he served time at a juvenile facility. When he turned 18, ICE detained him and sent him to the Yuba jail.\u003c/p>\n\u003cfigure id=\"attachment_11857138\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11857138\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow.jpg\" alt=\"\" width=\"1200\" height=\"821\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow-800x547.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow-1020x698.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow-160x109.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Juan Jose Erazo Herrera plays in the snow in New York, where he lived with his brother before his involvement in a robbery led him to be detained by ICE. \u003ccite>(Courtesy of Juan Jose Erazo Herrera)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The crime wass a mistake Erazo Herrera said he frequently regrets.\u003c/p>\n\u003cp>“I’ve paid for it. I haven’t been free since I was 16,” he said. “I just want an opportunity to show that I am different, that I’ve learned a lot while locked up here. I’m not the same kid I was then.”\u003c/p>\n\u003cp>Recently, a judge in Yuba County Superior Court granted Erazo Herrera special immigrant juvenile status, reserved for undocumented immigrants under age 21 who were abused by a parent, and for whom returning to their home country is not in their best interest.\u003c/p>\n\u003cp>The classification is not enough for ICE to release him from detention, said Wells, but it opens the door for him to apply for a green card. Still, that may take years.\u003c/p>\n\u003cp>Erazo Herrera hopes that when he can eventually leave the detention center, he’ll have a chance go to school, work, and one day start an organization that supports young undocumented migrants.\u003c/p>\n\u003cp>“I’d like to help other kids who’ve gone through similar circumstances as me,” he said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The 20-year-old asylum seeker called on officials to do more to prevent an outbreak at Yuba County Jail. Then, after getting COVID-19 himself, he said he was isolated in a filthy cell.","status":"publish","parent":0,"modified":1612546238,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1296},"headData":{"title":"'They Didn't Listen to Us': ICE Detainee Who Waged Hunger Strikes for COVID-19 Protections Gets Virus | KQED","description":"The 20-year-old asylum seeker called on officials to do more to prevent an outbreak at Yuba County Jail. Then, after getting COVID-19 himself, he said he was isolated in a filthy cell.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11856995 https://ww2.kqed.org/news/?p=11856995","disqusUrl":"https://ww2.kqed.org/news/2021/01/26/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus/","disqusTitle":"'They Didn't Listen to Us': ICE Detainee Who Waged Hunger Strikes for COVID-19 Protections Gets Virus","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcrmag/2021/01/RomeroYubaImmigrantCovidMAG.mp3","path":"/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus","audioDuration":380000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11858607/no-nos-escucharon-se-contagia-de-covid-19-el-inmigrante-detenido-por-ice-que-realizo-una-huelga-de-hambre-en-favor-de-mas-protecciones-contra-la-pandemia\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>At the beginning of January, Juan Jose Erazo Herrera found himself coughing up blood and having difficulty breathing. The 20-year-old asylum seeker, held by immigration authorities at a jail north of Sacramento, tested positive for COVID-19 on Jan. 7, a few days after his symptoms began.\u003c/p>\n\u003cp>The diagnosis felt particularly stinging to Erazo Herrera. He had repeatedly called on officials with U.S. Immigration and Customs Enforcement and the Yuba County Jail to do more to prevent a coronavirus outbreak at the facility, including \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">waging hunger strikes\u003c/a> last year to protest what he believed were unsafe conditions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It’s not our fault we get sick when we can’t protect ourselves.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Juan Jose Erazo Herrera, ICE detainee at Yuba County Jail","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“They didn’t listen to us,” Erazo Herrera said in Spanish. “And it’s really unfair. It’s not our fault we get sick when we can’t protect ourselves.”\u003c/p>\n\u003cp>The coronavirus has spread rapidly at the Yuba County Jail, infecting about half of all the people currently locked up there. More than 120 county inmates and nine ICE detainees at the facility have tested positive for COVID-19 since last month.\u003c/p>\n\u003cp>Guards isolated Erazo Herrera in a small, concrete cell with no windows for 12 days, he said. When he was first placed there, he said the conditions were squalid, with a filthy toilet, moldy walls and a bed covered in dust and other people’s hair.\u003c/p>\n\u003cp>“I’m not going to lie, when I first saw the cell, I started crying,” said Erazo Herrera, who is originally from El Salvador. “I tried to protest. It made me so sad to see how dirty it was.”\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>Guards told him the unit was the only one available for quarantine, he said. He asked for cleaning products and wiped it down himself despite having a severe headache and shortness of breath.\u003c/p>\n\u003cp>During the pandemic, a federal judge in San Francisco has been monitoring conditions at the jail, located in Marysville, and on Dec. 23 he ordered ICE take steps to protect detainees, including testing them at least weekly for the coronavirus, and ensuring cells are cleaned and disinfected.\u003c/p>\n\u003cp>U.S. District Judge Vince Chhabria intervened after immigrants held at Yuba County Jail and another facility in Bakersfield \u003ca href=\"https://www.kqed.org/news/11832472/people-are-terrified-sf-judge-orders-covid-19-testing-at-ice-facility\">sued to force ICE to release detainees\u003c/a> in an effort to reduce the detained population and allow for social distancing.\u003c/p>\n\u003cp>But the cleaning requirement at Yuba County Jail isn’t being met, said Kelly Wells, an attorney with the San Francisco Public Defender’s immigration unit, who represents Erazo Herrera.\u003c/p>\n\u003cp>“We've heard consistently from every single detainee who has been moved since the order that they have arrived to filthy cells that clearly hadn't even been cleaned, much less disinfected,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11857142\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-full wp-image-11857142\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Yuba-County-Jail-Cells.jpg\" alt=\"Exterior doors of isolation cells at Yuba County Jail\" width=\"800\" height=\"577\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Yuba-County-Jail-Cells.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Yuba-County-Jail-Cells-160x115.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">ICE detainees and other people incarcerated at Yuba County Jail can be placed in isolation in windowless 'safety cells' for days at a time. \u003ccite>(Courtesy Rosen Bien Galvan & Grunfeld LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A spokeswoman with the Yuba County Sheriff’s Office, which oversees the jail, referred questions to ICE. The immigration agency also declined to comment about the conditions of Erazo Herrera’s medical segregation.\u003c/p>\n\u003cp>“U.S. Immigration and Customs Enforcement cannot comment due to pending litigation,” said ICE spokesman Jonathan Moor in a statement. “However, a lack of comment should not be construed as an agreement with or stipulation to any allegations.”\u003c/p>\n\u003cp>Nearly 9,000 people have tested positive for COVID-19 while in ICE detention, according to agency \u003ca href=\"https://www.ice.gov/coronavirus#detStat\">figures\u003c/a>.\u003c/p>\n\u003cp>ICE detention centers must ensure that medical isolation is “operationally distinct” from any punitive form of housing, according to the agency’s \u003ca href=\"https://www.ice.gov/doclib/coronavirus/eroCOVID19responseReqsCleanFacilities.pdf\">pandemic response requirements\u003c/a>. For instance, facilities must provide detainees with access to TV, recreation and books to the fullest extent possible.\u003c/p>\n\u003cp>But immigrants held at various detention centers, including private prisons and county jails, have reported that ICE is \u003ca href=\"https://www.kqed.org/news/11841120/ice-misusing-solitary-confinement-for-covid-19-quarantine-detainees-say\">misusing solitary confinement\u003c/a> for COVID-19 quarantine. Erazo Herrera said the 12-day quarantine he experienced felt like a punishment, and his mental health deteriorated.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>He was kept in the cell alone, 22 hours per day, he said. For days, there was nothing for him to do to pass the time. The jail eventually allowed him to have books friends outside the jail sent him, he said.\u003c/p>\n\u003cp>“That cell is not for a human being, it’s like for keeping a dangerous animal locked up. There’s no TV, there’s nothing,” said Erazo Herrera. “You start feeling so depressed that you think about killing yourself. You wonder what you’ve done to deserve to be treated this way.”\u003c/p>\n\u003cp>He was released from medical segregation last week and said he no longer feels severe COVID-19 symptoms.\u003c/p>\n\u003cp>Since April, the ICE detainee population at Yuba County Jail has decreased from 144 to 16 people. Judge Chhabria ordered the agency to release more than 50 immigrants from the facility. Others were transferred, deported or released by ICE, which can free individuals after assessing their public safety and flight risk.\u003c/p>\n\u003cp>Attorney Wells said conditions are so miserable that some immigrants held at Yuba County Jail have given up and agreed to be deported after just one month in detention. But Erazo Herrera has endured three years at the jail as he waits for his asylum case to be decided.\u003c/p>\n\u003cp>“Juan Jose has not agreed to deportation because he really is in a dire situation,” said Wells. “In addition to the abuse that he suffered by his mother, he was also repeatedly beaten by gang members and threatened with death.”\u003c/p>\n\u003cp>Erazo Herrera fled El Salvador and crossed the U.S. border without a parent when he was 16. Officials with the Office of Refugee Resettlement, the agency responsible for caring for unaccompanied migrant minors, took him into custody and subsequently released him to an older brother in New York, said Wells.\u003c/p>\n\u003cp>But Erazo Herrera was involved in a robbery, for which he served time at a juvenile facility. When he turned 18, ICE detained him and sent him to the Yuba jail.\u003c/p>\n\u003cfigure id=\"attachment_11857138\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11857138\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow.jpg\" alt=\"\" width=\"1200\" height=\"821\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow-800x547.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow-1020x698.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-Snow-160x109.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Juan Jose Erazo Herrera plays in the snow in New York, where he lived with his brother before his involvement in a robbery led him to be detained by ICE. \u003ccite>(Courtesy of Juan Jose Erazo Herrera)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The crime wass a mistake Erazo Herrera said he frequently regrets.\u003c/p>\n\u003cp>“I’ve paid for it. I haven’t been free since I was 16,” he said. “I just want an opportunity to show that I am different, that I’ve learned a lot while locked up here. I’m not the same kid I was then.”\u003c/p>\n\u003cp>Recently, a judge in Yuba County Superior Court granted Erazo Herrera special immigrant juvenile status, reserved for undocumented immigrants under age 21 who were abused by a parent, and for whom returning to their home country is not in their best interest.\u003c/p>\n\u003cp>The classification is not enough for ICE to release him from detention, said Wells, but it opens the door for him to apply for a green card. Still, that may take years.\u003c/p>\n\u003cp>Erazo Herrera hopes that when he can eventually leave the detention center, he’ll have a chance go to school, work, and one day start an organization that supports young undocumented migrants.\u003c/p>\n\u003cp>“I’d like to help other kids who’ve gone through similar circumstances as me,” he said.\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/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus","authors":["8659"],"programs":["news_72"],"categories":["news_457","news_1169","news_8"],"tags":["news_18538","news_27350","news_27504","news_27240","news_21027","news_20202","news_20529","news_25025"],"featImg":"news_11857116","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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