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"content": "\u003cp>Four anti-police violence activists filed suit against San Francisco on Wednesday, accusing the city's Police Department of illegally conducting mass surveillance on protesters during a string of Black Lives Matter demonstrations that began in late spring.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Hope Williams, lead plaintiff\"]'We're saying that Black lives matter and how did the police respond but with more abuse of power. It was a tactic to provoke fear and to prevent people from speaking out.'[/pullquote]\u003c/p>\n\u003cp>In the weeks following the May 25 killing of George Floyd at the hands of Minneapolis police, hundreds of thousands of people in the Bay Area took to city streets to march against police brutality. Despite the mostly peaceful demonstrations that took place in downtown San Francisco, there were also multiple incidents of vandalism, theft and clashes between protesters and police that occurred over consecutive nights, prompting officials to order citywide curfews.\u003c/p>\n\u003cp>The San Francisco Police Department responded to these protests in part by commandeering private security cameras to keep an eye, in real-time, on a 27-block area surrounding Union Square, according to a lawsuit filed Wednesday that seeks to prevent police from doing so again.\u003c/p>\n\u003cp>“From May 31 through June 7, 2020, The San Francisco Police Department (“SFPD”) acquired, borrowed, and used a private network of more than 400 surveillance cameras to spy on protesters in real time,” the suit alleges in papers filed in San Francisco Superior Court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Doing so violated a recently enacted city ordinance that requires the Board of Supervisors to approve any new surveillance systems for police use, according to attorneys with the Electronic Frontier Foundation and the Northern California chapter of the ACLU, who are representing the four activist plaintiffs.\u003c/p>\n\u003cp>“They reached out to the Union Square Business Improvement District (USBID) and said, ‘We want access to your cameras,’ ” said Saira Hussain, an attorney with EFF. The organization obtained email exchanges through a public records request that confirmed the arrangement.\u003c/p>\n\u003cp>San Francisco enacted the Acquisition of Surveillance Technology Ordinance in 2019 to specifically prevent police abuse of power, Hussain said. She called the arrangement between the USBID and SFPD “a back door deal.”\u003c/p>\n\u003cfigure id=\"attachment_11841416\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area.png\">\u003cimg class=\"wp-image-11841416 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area.png\" alt=\"\" width=\"1920\" height=\"1129\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-800x470.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-1020x600.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-160x94.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-1536x903.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The 27-block area where the Union Square Business Improvement District has installed an elaborate surveillance system of nearly 400 cameras. A new lawsuit alleges the SFPD accessed those cameras during mass protests in early June without first obtaining permission from the Board of Supervisors. \u003ccite>(Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It really is about SFPD playing fast and loose with a city ordinance that is supposed to put a democratic check on how law enforcement is using surveillance technology.”\u003c/p>\n\u003cp>Police routinely requested and received live access to USBID's camera network in 2019, seeking live surveillance of July Fourth, Pride and Super Bowl celebrations, all reportedly without board approval, according an investigation by the \u003ca href=\"https://www.sfexaminer.com/news/sf-police-repeatedly-secure-access-to-camera-network-for-live-surveillance-emails-show/\" rel=\"noopener noreferrer\">San Francisco Examiner\u003c/a>.\u003c/p>\n\u003cp>SFPD has said officers didn’t always end up using the video feeds they sought to access during those events, but emails obtained through public records requests indicate officers did access live feeds, according to the Examiner.\u003c/p>\n\u003cp>Hope Williams, a San Francisco resident and lead plaintiff in the lawsuit, organized and participated in a June 2 protest that began at City Hall and culminated in a sit-in in front of the Hall of Justice, in defiance of an 8 p.m. curfew that Mayor London Breed ordered for five nights in early June.\u003c/p>\n\u003cp>“I was out there to protest police violence against Black people,” Williams said. “We're saying that Black lives matter and how did the police respond but with more abuse of power. It was a tactic to provoke fear and to prevent people from speaking out.”\u003c/p>\n\u003cp>Other plaintiffs in the case participated in a June 3 protest organized by students at Mission High School and another on June 5 that began at City Hall and headed west up Market Street toward the Castro District.\u003c/p>\n\u003cp>San Francisco Police Chief William Scott argued in a \u003ca href=\"https://www.documentcloud.org/documents/7223144-SF-Admin-Code-19B-7-Exigency-Letter-to-the-BOS.html\" target=\"_blank\" rel=\"noopener noreferrer\">Aug. 5 letter\u003c/a> to supervisors that protests involving “looting, vandalism and rioting” on May 30 created an emergency that allowed police to access cameras without board approval.\u003c/p>\n\u003cp>Scott followed up in response to questions from Supervisor Aaron Peskin with a \u003ca href=\"https://www.documentcloud.org/documents/7223143-Response-Letter-to-Sup-Peskin-Re-SFPD-Use-of.html\" target=\"_blank\" rel=\"noopener noreferrer\">Sept. 9 letter\u003c/a>. He wrote that although SFPD's Homeland Security Unit requested access to the camera system on May 31, criminal activity did not continue in the Union Square area, so \"HSU did not monitor any activities, including first amendment activities.\" Officers separately reviewed the network's recorded footage network from May 30, Scott wrote, and that resulted in at least one arrest.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"george-floyd\"]The City Attorney's Office provided copies of Scott's letters to supervisors in response to a request for comment on the lawsuit.\u003c/p>\n\u003cp>On its \u003ca href=\"https://www.visitunionsquaresf.com/about-bid/about-us\" rel=\"noopener noreferrer\">website\u003c/a>, USBID describes itself as “a defined area wherein property owners are self-assessed to fund services that improve the overall quality of life for residents and visitors.”\u003c/p>\n\u003cp>The business district also touts an elaborate surveillance system to protect members from crime. Nearly 400 cameras cover the 27-block area, bordered by Bush Street to the north, Kearny Street to the east, Market Street to the south and Taylor Street to the west.\u003c/p>\n\u003cp>“Union Square partnered with law enforcement and became the first area in San Francisco to deploy surveillance cameras (now over 350), resulting in crime enforcement and prosecution,” the district's business plan states. “Footage of incidents may be given to SFPD for investigative purposes. Members of the general public may request video camera footage if not part of an active investigation.”\u003c/p>\n\u003cp>The USBID cameras can zoom in and focus on a subject, EFF attorney Hussain said, although it’s not clear whether SFPD used this capacity.\u003c/p>\n\u003cp>“When you consider what people were speaking out against, it just makes this surveillance even more invasive,” Hussain said, “and makes it more likely in the future that people will be afraid to participate or organize protests.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Shannon Lin of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Doing so violated a recently enacted city ordinance that requires the Board of Supervisors to approve any new surveillance systems for police use, according to attorneys with the Electronic Frontier Foundation and the Northern California chapter of the ACLU, who are representing the four activist plaintiffs.\u003c/p>\n\u003cp>“They reached out to the Union Square Business Improvement District (USBID) and said, ‘We want access to your cameras,’ ” said Saira Hussain, an attorney with EFF. The organization obtained email exchanges through a public records request that confirmed the arrangement.\u003c/p>\n\u003cp>San Francisco enacted the Acquisition of Surveillance Technology Ordinance in 2019 to specifically prevent police abuse of power, Hussain said. She called the arrangement between the USBID and SFPD “a back door deal.”\u003c/p>\n\u003cfigure id=\"attachment_11841416\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area.png\">\u003cimg class=\"wp-image-11841416 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area.png\" alt=\"\" width=\"1920\" height=\"1129\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-800x470.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-1020x600.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-160x94.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Surveillance-area-1536x903.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The 27-block area where the Union Square Business Improvement District has installed an elaborate surveillance system of nearly 400 cameras. A new lawsuit alleges the SFPD accessed those cameras during mass protests in early June without first obtaining permission from the Board of Supervisors. \u003ccite>(Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It really is about SFPD playing fast and loose with a city ordinance that is supposed to put a democratic check on how law enforcement is using surveillance technology.”\u003c/p>\n\u003cp>Police routinely requested and received live access to USBID's camera network in 2019, seeking live surveillance of July Fourth, Pride and Super Bowl celebrations, all reportedly without board approval, according an investigation by the \u003ca href=\"https://www.sfexaminer.com/news/sf-police-repeatedly-secure-access-to-camera-network-for-live-surveillance-emails-show/\" rel=\"noopener noreferrer\">San Francisco Examiner\u003c/a>.\u003c/p>\n\u003cp>SFPD has said officers didn’t always end up using the video feeds they sought to access during those events, but emails obtained through public records requests indicate officers did access live feeds, according to the Examiner.\u003c/p>\n\u003cp>Hope Williams, a San Francisco resident and lead plaintiff in the lawsuit, organized and participated in a June 2 protest that began at City Hall and culminated in a sit-in in front of the Hall of Justice, in defiance of an 8 p.m. curfew that Mayor London Breed ordered for five nights in early June.\u003c/p>\n\u003cp>“I was out there to protest police violence against Black people,” Williams said. “We're saying that Black lives matter and how did the police respond but with more abuse of power. It was a tactic to provoke fear and to prevent people from speaking out.”\u003c/p>\n\u003cp>Other plaintiffs in the case participated in a June 3 protest organized by students at Mission High School and another on June 5 that began at City Hall and headed west up Market Street toward the Castro District.\u003c/p>\n\u003cp>San Francisco Police Chief William Scott argued in a \u003ca href=\"https://www.documentcloud.org/documents/7223144-SF-Admin-Code-19B-7-Exigency-Letter-to-the-BOS.html\" target=\"_blank\" rel=\"noopener noreferrer\">Aug. 5 letter\u003c/a> to supervisors that protests involving “looting, vandalism and rioting” on May 30 created an emergency that allowed police to access cameras without board approval.\u003c/p>\n\u003cp>Scott followed up in response to questions from Supervisor Aaron Peskin with a \u003ca href=\"https://www.documentcloud.org/documents/7223143-Response-Letter-to-Sup-Peskin-Re-SFPD-Use-of.html\" target=\"_blank\" rel=\"noopener noreferrer\">Sept. 9 letter\u003c/a>. He wrote that although SFPD's Homeland Security Unit requested access to the camera system on May 31, criminal activity did not continue in the Union Square area, so \"HSU did not monitor any activities, including first amendment activities.\" Officers separately reviewed the network's recorded footage network from May 30, Scott wrote, and that resulted in at least one arrest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The City Attorney's Office provided copies of Scott's letters to supervisors in response to a request for comment on the lawsuit.\u003c/p>\n\u003cp>On its \u003ca href=\"https://www.visitunionsquaresf.com/about-bid/about-us\" rel=\"noopener noreferrer\">website\u003c/a>, USBID describes itself as “a defined area wherein property owners are self-assessed to fund services that improve the overall quality of life for residents and visitors.”\u003c/p>\n\u003cp>The business district also touts an elaborate surveillance system to protect members from crime. Nearly 400 cameras cover the 27-block area, bordered by Bush Street to the north, Kearny Street to the east, Market Street to the south and Taylor Street to the west.\u003c/p>\n\u003cp>“Union Square partnered with law enforcement and became the first area in San Francisco to deploy surveillance cameras (now over 350), resulting in crime enforcement and prosecution,” the district's business plan states. “Footage of incidents may be given to SFPD for investigative purposes. Members of the general public may request video camera footage if not part of an active investigation.”\u003c/p>\n\u003cp>The USBID cameras can zoom in and focus on a subject, EFF attorney Hussain said, although it’s not clear whether SFPD used this capacity.\u003c/p>\n\u003cp>“When you consider what people were speaking out against, it just makes this surveillance even more invasive,” Hussain said, “and makes it more likely in the future that people will be afraid to participate or organize protests.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Shannon Lin of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Alton Edmondson is no longer in the custody of U.S. Immigration and Customs Enforcement, but the Jamaican construction worker can’t shake off the feeling of being locked up alone.\u003c/p>\n\u003cp>As COVID-19 sickened dozens of people at a for-profit immigration detention center in Bakersfield this summer, staffers put Edmondson in isolation for weeks, including placing him in a cell used for disciplinary segregation that detainees call “the hole,” court records show.\u003c/p>\n\u003cp>ICE officials said Edmondson, who repeatedly tested negative for the coronavirus, was being quarantined and housed apart from other detainees for his own protection.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Elizabeth Jordan, civil rights attorney\"]‘This is really dangerous because it places a serious strain on people’s mental health.’[/pullquote]\u003c/p>\n\u003cp>But to Edmondson, the three-week isolation he said he experienced amounted to punishing solitary confinement. Officials at the Mesa Verde ICE Processing Center locked him up for about 23 hours per day, he said.\u003c/p>\n\u003cp>“I was depressed. I felt helpless,” said Edmondson, who has lived in this country for nearly 20 years and has three U.S.-born sons. “They served me food through a hole in the door. They made me feel like I’m a terrorist or a murderer.”\u003c/p>\n\u003cp>Edmondson’s experience is echoed by other ICE detainees, whose reports to advocates and in court records suggest widespread use of solitary confinement as COVID-19 proliferated in immigration detention centers around the country.\u003c/p>\n\u003cp>“Based on evidence we’ve gathered, this is the practice that they are allowing their contractors to use,” said Elizabeth Jordan, an attorney with the Civil Rights Education and Enforcement Center in Denver, who represents plaintiffs in \u003ca href=\"https://creeclaw.org/fraihat-v-immigration-and-customs-enforcement/\">Fraihat v. ICE\u003c/a>, a class-action lawsuit challenging ICE detention conditions, including the use of punitive segregation.\u003c/p>\n\u003cp>“This is really dangerous because it places a serious strain on people’s mental health,” added Jordan, who said those held in solitary confinement conditions include some immigrants who were sick with COVID-19. “It’s not what public health officials have in mind when they suggest separating people out.”\u003c/p>\n\u003cp>The coronavirus has infected more than 6,300 immigrants held by ICE, including hundreds in California, according to the agency.\u003c/p>\n\u003cp>ICE requires that immigrants kept in isolation for medical reasons must not be treated as if they are in solitary confinement, even if placed in the same cells used for disciplinary reasons.\u003c/p>\n\u003cp>But detainees report being locked by themselves for more than 20 hours a day as a means of quarantine during the pandemic, advocates say, and some immigrants refuse to disclose their COVID-19 symptoms out of fear of being thrown in “the hole.”\u003c/p>\n\u003ch3>A Week in a Windowless Cell With No Bed\u003c/h3>\n\u003cp>On Aug. 4, at least six men at Mesa Verde’s Dorm B were confirmed to have the coronavirus, and staffers cleared the dorm to house only positive cases. Edmondson expected guards to move him to one of three other dorms in the facility with other detainees who had tested negative. Instead, they took him to an intake cell.\u003c/p>\n\u003cp>The windowless room, used by staff to interview new detainees, was very small, with a toilet but no bed, he said.\u003c/p>\n\u003cp>“It was horrible. I didn’t want to be there,” Edmondson said. “No fresh air. I’ve never been in a place like that for so long in my life.”\u003c/p>\n\u003cp>Guards brought in a TV and DVD-player for Edmondson to watch movies on. But he was forced to sleep on a mat on the floor and had no access to the commissary, which he depended on to comply with his plant-based, Rastafarian diet.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>People must not be kept in such a hold room for more than 12 hours, according to ICE’s \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-6.pdf\">standards\u003c/a>. But Edmondson said officials left him there for seven days.\u003c/p>\n\u003cp>Next, guards confined him in a Restricted Housing Unit (known as a RHU) for two more weeks, according to ICE reports to a district court in San Francisco.\u003c/p>\n\u003cp>Edmondson said he only had his Bible to read. Sometimes, he stood by a small window on his cell’s metal door to watch a TV in the hall outside, he said.\u003c/p>\n\u003cp>Immigration officials did not explain why he could not live in a dorm with others who had also tested negative, according to Edmondson and his attorney.\u003c/p>\n\u003cp>The GEO Group, which owns and operates Mesa Verde, referred questions to ICE. An ICE spokesman declined to comment on Edmondson’s case.\u003c/p>\n\u003ch3>More ICE Detainees Isolated During Pandemic\u003c/h3>\n\u003cp>Since June, ICE facilities have been isolating detainees with coronavirus symptoms and placing new arrivals in quarantine for 14 days, according to the agency’s \u003ca href=\"https://www.ice.gov/coronavirus\">guidance on COVID-19\u003c/a>.\u003c/p>\n\u003cp>But detainees are usually housed in dorms; most detention centers only have a few units where people can be isolated for disciplinary or other reasons, such as medical isolation, according to advocates and researchers who have visited ICE facilities in California and other states.\u003c/p>\n\u003cp>Mesa Verde, where Edmondson was detained, has at least one medical isolation room and at least one intake cell, and three RHUs that have been generally full since August, when ICE began reporting on the facility’s COVID-19 outbreak to a district court. The facility has a maximum capacity of 400 detainees.\u003c/p>\n\u003cfigure id=\"attachment_11841232\" class=\"wp-caption aligncenter\" style=\"max-width: 840px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11841232 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1.jpg\" alt=\"\" width=\"840\" height=\"473\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1.jpg 840w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1-160x90.jpg 160w\" sizes=\"auto, (max-width: 840px) 100vw, 840px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Drone-captured footage shows detainees on a hunger strike forming a heart in the yard of Mesa Verde ICE Processing Center in April in protest over the facility’s coronavirus response. \u003ccite>(Courtesy of Kern Youth Abolitionists)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>ICE requires that during the pandemic, individuals quarantined in cells used for solitary confinement get regular visits from medical staff, and have access to mental health services and other benefits.\u003c/p>\n\u003cp>“Make efforts to provide similar access to radio, TV, reading materials, personal property, and commissary as would be available in individuals’ regular housing units,” reads the agency’s \u003ca href=\"https://www.ice.gov/coronavirus/prr\">Pandemic Response Requirements\u003c/a>.\u003c/p>\n\u003cp>But advocates say that has not been happening. As part of the Fraihat case, Jordan presented a federal court in Los Angeles with sworn declarations from two men held in solitary confinement during the pandemic.\u003c/p>\n\u003cp>On May 28, Oscar Perez Aguirre returned to the Aurora Contract Detention Facility in Colorado from a local hospital where he was treated for COVID-19. He said he was held for two weeks in a solitary confinement unit that was filthy and freezing.\u003c/p>\n\u003cp>Perez Aguirre said he was so sick he couldn’t stand up, but he was not seen by a doctor or a mental health staffer while in isolation. A nurse did come by daily to take his temperature and blood pressure, he said.\u003c/p>\n\u003cp>“While I was in disciplinary segregation … I felt really down and did not have anything to do,” said Perez Aguirre, 57. “I asked for cards (to pass the time) and was told I could not have any.”\u003c/p>\n\u003cp>Ruben Mencias Soto had a similar experience in May after he was treated for chest pain at a hospital and returned to California’s largest immigrant detention center in the Inland Empire city of Adelanto. A COVID-19 outbreak at the privately run facility has already infected more than \u003ca href=\"https://www.ice.gov/coronavirus\">120 detainees\u003c/a> and is growing.\u003c/p>\n\u003cp>“I am locked in a cell by myself approximately 23 hours a day,” said Mencias Soto, 37. “I am very worried that I am going to have more heart issues and I will die without them noticing.”\u003c/p>\n\u003cp>Both the Aurora and Adelanto detention facilities are also run by The GEO Group, the Florida-based private prison firm.\u003c/p>\n\u003cp>An ICE spokesman declined to comment on the court declarations by Mencias Soto or Perez Aguirre about their quarantine, citing the lawsuit.\u003c/p>\n\u003cp>“U.S. Immigration and Customs Enforcement cannot comment further due to pending litigation,” said ICE spokesman Jonathan Moor in a statement. “However, lack of comment should not be construed as agreement with or stipulation to any of the litigation.”\u003c/p>\n\u003cp>The advocacy group Freedom for Immigrants \u003ca href=\"https://www.freedomforimmigrants.org/covid19\">reports\u003c/a> that dozens of people detained at several ICE facilities have called the organization’s hotline saying they were afraid to disclose COVID-19 symptoms for fear of being isolated. Other callers who tested positive said they were held for 14 days in solitary confinement without appropriate medical care, according to the organization.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"ice-detention\"]“COVID-19 has exacerbated issues that have long existed within the U.S. immigration detention system, which has had an impact on the mental health of those in custody,” said Rebekah Entralgo, a spokeswoman for the organization, in a statement.\u003c/p>\n\u003cp>“Resources like phone calls, outside recreational time, and timely meals — which are difficult to come by even under normal circumstances — are severely limited during the pandemic, which adds to the isolation of immigration detention,” Entralgo added.\u003c/p>\n\u003ch3>Suicide in Quarantine\u003c/h3>\n\u003cp>The United Nations has argued that prolonged solitary confinement for more than 15 days should be banned.\u003c/p>\n\u003cp>The practice should never be used on juveniles or people with mental disabilities because it can amount to “cruel, inhuman or degrading treatment,” Juan Méndez, the UN Special Rapporteur on torture, \u003ca href=\"https://news.un.org/en/story/2011/10/392012-solitary-confinement-should-be-banned-most-cases-un-expert-says\">warned in 2011\u003c/a>.\u003c/p>\n\u003cp>The stress and suffering of solitary confinement can also lead to the onset or worsening of mental illness, researchers say.\u003c/p>\n\u003cp>The strain of isolation was particularly detrimental to Choung Woong Ahn, a detainee who committed suicide at the Mesa Verde detention center in May, according to his attorney Trevor Kosmo, with Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>Ahn, a 74-year-old man from South Korea, killed himself in the shower of a medical isolation unit while in quarantine after he returned from a hospital. ICE knew Ahn had a history of \u003ca href=\"https://www.ice.gov/doclib/foia/reports/ddrAHNChoungWoong.pdf\">suicide attempts\u003c/a>, Kosmo said, but failed to continuously \u003ca href=\"https://www.desertsun.com/story/news/politics/immigration/2020/08/07/family-asks-newsom-probe-choung-woohn-ahn-suicide-ice-mesa-verde/5504694002/\">monitor him\u003c/a>, as required for at-risk detainees.\u003c/p>\n\u003cp>“I believe that my client, Mr. Ahn, died due to ICE’s negligence,” Kosmo said. “And because they quarantined him in solitary confinement without giving him the one-on-one observation that he was required to have under their own detention standards.”\u003c/p>\n\u003cp>Kosmo, who also represents Alton Edmondson, said ICE does not need to lock up people who are awaiting immigration court hearings, and the pandemic has highlighted long-standing problems with detention.\u003c/p>\n\u003cp>“It’s completely inhumane to put people in a windowless room for 23 hours to quarantine them,” he said. “If they can’t properly quarantine them, they need to release everyone.”\u003c/p>\n\u003cp>Ahn’s family and Edmondson could both sue The GEO Group under a new California law signed last month by Gov. Gavin Newsom. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3228\">AB 3228\u003c/a> makes it easier for individuals to bring legal charges in state court against private detention companies for failing to abide by the terms of their contracts.\u003c/p>\n\u003cp>Supporters of AB 3228 say the new law provides a path to state-level accountability for violations of ICE’s standards at for-profit facilities.\u003c/p>\n\u003ch3>ICE’s History With Solitary Confinement\u003c/h3>\n\u003cp>Concerns about ICE’s use of solitary confinement predate the pandemic.\u003c/p>\n\u003cp>A recent congressional \u003ca href=\"https://homeland.house.gov/imo/media/doc/Homeland%20ICE%20facility%20staff%20report.pdf\">investigation\u003c/a> found that ICE regularly contracts with facilities that are “poorly equipped” to meet the agency’s detention guidelines, and that ICE and its parent agency, the Department of Homeland Security, rarely enforce corrections of identified problems.\u003c/p>\n\u003cp>The report by the House Committee on Homeland Security also found that detainees are often denied adequate medical and mental health care, and that ICE facilities “improperly use segregation as retaliation,” sometimes on detainees who have participated in hunger strikes to protest detention conditions.\u003c/p>\n\u003cp>“Unfortunately, ICE appears to prioritize obtaining bed space over the wellbeing of detainees in its custody,” concluded the committee staffers who visited eight detention centers, including two in California and interviewed more than 400 immigrants held there.\u003c/p>\n\u003cp>An ICE spokeswoman defended the agency and said it will review the committee’s report. She added that ICE’s “aggressive inspections program” includes targeted site visits and independent third-party compliance reviews, and that the agency has made improvements to detention conditions based on recommendations by the DHS Office of the Inspector General.\u003c/p>\n\u003cp>ICE “is fully committed to the health and safety of those in our care,” said Stacey Daniels, who directs public affairs at the agency. “However, it is clear this one-sided review of our facilities was done to tarnish our agency’s reputation, as opposed to actually reviewing the care detainees receive while in our custody.”\u003c/p>\n\u003cp>ICE refers to the practice of isolating a detainee from the general population as “segregation,” and allows it for disciplinary or other reasons, including for a vulnerable detainee’s own protection. Facility administrators are required to notify ICE field office directors when detainees are segregated for 14 days or longer, according to the agency’s \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-12.pdf\">standards\u003c/a>.[pullquote align=\"right\" size=\"medium\" citation=\"Caitlin Patler, UC Davis sociology professor\"]‘It’s a really, really punitive experience, regardless of the reason for someone’s placement into solitary confinement.’[/pullquote]Between 2013 to 2017, ICE facilities nationwide logged more than 5,300 cases of segregation that lasted two weeks or more, according to Caitlin Patler, an assistant professor of sociology at UC Davis who analyzed the incident reports. One person was isolated for more than two years, she said.\u003c/p>\n\u003cp>“It’s a really, really punitive experience, regardless of the reason for someone’s placement into solitary confinement,” Patler said.\u003c/p>\n\u003cp>Patler was troubled to find that people with mental illness were overrepresented in ICE segregation cases. And immigrants from Africa and the Caribbean — with majority Black populations — experienced a quarter of all the incidents, though they comprised only 4% of the detainee population.\u003c/p>\n\u003cp>“There might be some really problematic racialized practices happening within detention facilities where a situation involving a Black detained person results in solitary confinement much more frequently than we would expect based on their portion of the detained population,” said Patler, who co-authored a \u003ca href=\"https://osf.io/preprints/socarxiv/zdy7f/\">study\u003c/a> on the issue soon to be published in the peer-reviewed journal Punishment and Society.\u003c/p>\n\u003cp>An ICE spokesman declined to comment on Patler’s findings, saying they haven’t been published yet.\u003c/p>\n\u003cfigure id=\"attachment_11841227\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11841227\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1.jpg\" alt=\"\" width=\"1920\" height=\"1294\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-800x539.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-1020x687.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-160x108.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-1536x1035.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A guard escorts an immigrant detainee from his ‘segregation cell’ back into the general population at the Adelanto Detention Center. \u003ccite>(John Moore/Getty images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>ICE is currently jailing about \u003ca href=\"https://www.ice.gov/detention-management\">20,000 people\u003c/a> across the country, compared to about 38,000 immigrants who were in custody in late March. About half of those detained have criminal convictions, while the rest have pending criminal charges or have only violated immigration laws.\u003c/p>\n\u003ch3>From Plea Deal to Detention\u003c/h3>\n\u003cp>Alton Edmondson had been jailed for 14 months in Nevada County, California, when he pled guilty to a serious felony conviction for assault with a firearm during a robbery.\u003c/p>\n\u003cp>Throughout his criminal proceedings, Edmondson, who is Black, insisted that he was wrongly accused of the offense. He maintains his arrest stemmed from a racially-motivated traffic stop in a county where only about 1% of the population is Black.\u003c/p>\n\u003cp>The criminal court had granted him bail, but he and his family could not afford to pay it, he said, and he remained behind bars.\u003c/p>\n\u003cp>“The whole thing was racial profiling,” said Edmondson, who was visiting a friend in California when he was arrested. “I was innocent.”\u003c/p>\n\u003cp>When they arrested Edmondson in Nov. 2018, sheriff’s deputies did not find a firearm in the vehicle he was in, and the charges were filed based on a dubious eyewitness identification, according to court documents submitted by San Francisco Public Defender’s Office. The office sued, along with the ACLU and other legal aid nonprofits, to force ICE to release vulnerable detainees from Mesa Verde during the pandemic.\u003c/p>\n\u003cp>Edmondson was told that if he lost his criminal trial, he faced up to 12 years of incarceration, but if he took the plea deal, he would be let out in four months, court records show.\u003c/p>\n\u003cp>“Because of the racial demographics of the county, and pervasive racial bias among the likely juror pool, his attorney advised that his chances of winning at trial were slim,” according to the request for Edmond’s release from ICE detention filed by Genna Beier, a San Francisco deputy public defender.\u003c/p>\n\u003cp>On May 26, as Edmondson was released from the Nevada County Jail, ICE officials arrested him and detained him at Mesa Verde.\u003c/p>\n\u003cp>Edmondson said he didn’t understand at the time that pleading guilty to the felony would lead to deportation proceedings and losing his green card, which has allowed him to lawfully work and live in the U.S. for nearly 20 years. But ICE disputes that.\u003c/p>\n\u003cp>“He signed an agreement acknowledging that he understood the nature of the crimes and allegations and the consequences of his plea,” said agency officials opposing his release, adding that Edmondson had two prior misdemeanor offenses related to marijuana possession and a DUI.\u003c/p>\n\u003cp>But on Sept. 23, U.S. District Judge Vince Chhabria ordered ICE to release Edmondson, who has asthma, along with more than 140 other detainees at Mesa Verde, where COVID-19 has infected nearly 60 detainees.\u003c/p>\n\u003cp>Chhabria’s release orders weigh each person’s health risk in detention against the likelihood that he or she will endanger the community or will fail to show up for immigration court proceedings if released.\u003c/p>\n\u003cp>Edmondson is quarantining at a hotel in Bakersfield until Oct. 7, following the judge’s orders. He then plans to go home to Georgia, where two of his three sons live. The youngest is just 6, he said.\u003c/p>\n\u003cp>“I feel great, I feel freedom,” he said. “I want to see my kids. Missed them a lot.”\u003c/p>\n\u003cp>Edmondson said he hopes that talking about his experience of isolation at Mesa Verde will make ICE detention more humane for others.\u003c/p>\n\u003cp>“That’s not right the way they treated me,” he said. “I think it’s very important for people to hear my story.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alton Edmondson is no longer in the custody of U.S. Immigration and Customs Enforcement, but the Jamaican construction worker can’t shake off the feeling of being locked up alone.\u003c/p>\n\u003cp>As COVID-19 sickened dozens of people at a for-profit immigration detention center in Bakersfield this summer, staffers put Edmondson in isolation for weeks, including placing him in a cell used for disciplinary segregation that detainees call “the hole,” court records show.\u003c/p>\n\u003cp>ICE officials said Edmondson, who repeatedly tested negative for the coronavirus, was being quarantined and housed apart from other detainees for his own protection.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But to Edmondson, the three-week isolation he said he experienced amounted to punishing solitary confinement. Officials at the Mesa Verde ICE Processing Center locked him up for about 23 hours per day, he said.\u003c/p>\n\u003cp>“I was depressed. I felt helpless,” said Edmondson, who has lived in this country for nearly 20 years and has three U.S.-born sons. “They served me food through a hole in the door. They made me feel like I’m a terrorist or a murderer.”\u003c/p>\n\u003cp>Edmondson’s experience is echoed by other ICE detainees, whose reports to advocates and in court records suggest widespread use of solitary confinement as COVID-19 proliferated in immigration detention centers around the country.\u003c/p>\n\u003cp>“Based on evidence we’ve gathered, this is the practice that they are allowing their contractors to use,” said Elizabeth Jordan, an attorney with the Civil Rights Education and Enforcement Center in Denver, who represents plaintiffs in \u003ca href=\"https://creeclaw.org/fraihat-v-immigration-and-customs-enforcement/\">Fraihat v. ICE\u003c/a>, a class-action lawsuit challenging ICE detention conditions, including the use of punitive segregation.\u003c/p>\n\u003cp>“This is really dangerous because it places a serious strain on people’s mental health,” added Jordan, who said those held in solitary confinement conditions include some immigrants who were sick with COVID-19. “It’s not what public health officials have in mind when they suggest separating people out.”\u003c/p>\n\u003cp>The coronavirus has infected more than 6,300 immigrants held by ICE, including hundreds in California, according to the agency.\u003c/p>\n\u003cp>ICE requires that immigrants kept in isolation for medical reasons must not be treated as if they are in solitary confinement, even if placed in the same cells used for disciplinary reasons.\u003c/p>\n\u003cp>But detainees report being locked by themselves for more than 20 hours a day as a means of quarantine during the pandemic, advocates say, and some immigrants refuse to disclose their COVID-19 symptoms out of fear of being thrown in “the hole.”\u003c/p>\n\u003ch3>A Week in a Windowless Cell With No Bed\u003c/h3>\n\u003cp>On Aug. 4, at least six men at Mesa Verde’s Dorm B were confirmed to have the coronavirus, and staffers cleared the dorm to house only positive cases. Edmondson expected guards to move him to one of three other dorms in the facility with other detainees who had tested negative. Instead, they took him to an intake cell.\u003c/p>\n\u003cp>The windowless room, used by staff to interview new detainees, was very small, with a toilet but no bed, he said.\u003c/p>\n\u003cp>“It was horrible. I didn’t want to be there,” Edmondson said. “No fresh air. I’ve never been in a place like that for so long in my life.”\u003c/p>\n\u003cp>Guards brought in a TV and DVD-player for Edmondson to watch movies on. But he was forced to sleep on a mat on the floor and had no access to the commissary, which he depended on to comply with his plant-based, Rastafarian diet.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>People must not be kept in such a hold room for more than 12 hours, according to ICE’s \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-6.pdf\">standards\u003c/a>. But Edmondson said officials left him there for seven days.\u003c/p>\n\u003cp>Next, guards confined him in a Restricted Housing Unit (known as a RHU) for two more weeks, according to ICE reports to a district court in San Francisco.\u003c/p>\n\u003cp>Edmondson said he only had his Bible to read. Sometimes, he stood by a small window on his cell’s metal door to watch a TV in the hall outside, he said.\u003c/p>\n\u003cp>Immigration officials did not explain why he could not live in a dorm with others who had also tested negative, according to Edmondson and his attorney.\u003c/p>\n\u003cp>The GEO Group, which owns and operates Mesa Verde, referred questions to ICE. An ICE spokesman declined to comment on Edmondson’s case.\u003c/p>\n\u003ch3>More ICE Detainees Isolated During Pandemic\u003c/h3>\n\u003cp>Since June, ICE facilities have been isolating detainees with coronavirus symptoms and placing new arrivals in quarantine for 14 days, according to the agency’s \u003ca href=\"https://www.ice.gov/coronavirus\">guidance on COVID-19\u003c/a>.\u003c/p>\n\u003cp>But detainees are usually housed in dorms; most detention centers only have a few units where people can be isolated for disciplinary or other reasons, such as medical isolation, according to advocates and researchers who have visited ICE facilities in California and other states.\u003c/p>\n\u003cp>Mesa Verde, where Edmondson was detained, has at least one medical isolation room and at least one intake cell, and three RHUs that have been generally full since August, when ICE began reporting on the facility’s COVID-19 outbreak to a district court. The facility has a maximum capacity of 400 detainees.\u003c/p>\n\u003cfigure id=\"attachment_11841232\" class=\"wp-caption aligncenter\" style=\"max-width: 840px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11841232 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1.jpg\" alt=\"\" width=\"840\" height=\"473\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1.jpg 840w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS44334_IMG-20200810-WA0001_104405150868869-1-160x90.jpg 160w\" sizes=\"auto, (max-width: 840px) 100vw, 840px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Drone-captured footage shows detainees on a hunger strike forming a heart in the yard of Mesa Verde ICE Processing Center in April in protest over the facility’s coronavirus response. \u003ccite>(Courtesy of Kern Youth Abolitionists)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>ICE requires that during the pandemic, individuals quarantined in cells used for solitary confinement get regular visits from medical staff, and have access to mental health services and other benefits.\u003c/p>\n\u003cp>“Make efforts to provide similar access to radio, TV, reading materials, personal property, and commissary as would be available in individuals’ regular housing units,” reads the agency’s \u003ca href=\"https://www.ice.gov/coronavirus/prr\">Pandemic Response Requirements\u003c/a>.\u003c/p>\n\u003cp>But advocates say that has not been happening. As part of the Fraihat case, Jordan presented a federal court in Los Angeles with sworn declarations from two men held in solitary confinement during the pandemic.\u003c/p>\n\u003cp>On May 28, Oscar Perez Aguirre returned to the Aurora Contract Detention Facility in Colorado from a local hospital where he was treated for COVID-19. He said he was held for two weeks in a solitary confinement unit that was filthy and freezing.\u003c/p>\n\u003cp>Perez Aguirre said he was so sick he couldn’t stand up, but he was not seen by a doctor or a mental health staffer while in isolation. A nurse did come by daily to take his temperature and blood pressure, he said.\u003c/p>\n\u003cp>“While I was in disciplinary segregation … I felt really down and did not have anything to do,” said Perez Aguirre, 57. “I asked for cards (to pass the time) and was told I could not have any.”\u003c/p>\n\u003cp>Ruben Mencias Soto had a similar experience in May after he was treated for chest pain at a hospital and returned to California’s largest immigrant detention center in the Inland Empire city of Adelanto. A COVID-19 outbreak at the privately run facility has already infected more than \u003ca href=\"https://www.ice.gov/coronavirus\">120 detainees\u003c/a> and is growing.\u003c/p>\n\u003cp>“I am locked in a cell by myself approximately 23 hours a day,” said Mencias Soto, 37. “I am very worried that I am going to have more heart issues and I will die without them noticing.”\u003c/p>\n\u003cp>Both the Aurora and Adelanto detention facilities are also run by The GEO Group, the Florida-based private prison firm.\u003c/p>\n\u003cp>An ICE spokesman declined to comment on the court declarations by Mencias Soto or Perez Aguirre about their quarantine, citing the lawsuit.\u003c/p>\n\u003cp>“U.S. Immigration and Customs Enforcement cannot comment further due to pending litigation,” said ICE spokesman Jonathan Moor in a statement. “However, lack of comment should not be construed as agreement with or stipulation to any of the litigation.”\u003c/p>\n\u003cp>The advocacy group Freedom for Immigrants \u003ca href=\"https://www.freedomforimmigrants.org/covid19\">reports\u003c/a> that dozens of people detained at several ICE facilities have called the organization’s hotline saying they were afraid to disclose COVID-19 symptoms for fear of being isolated. Other callers who tested positive said they were held for 14 days in solitary confinement without appropriate medical care, according to the organization.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“COVID-19 has exacerbated issues that have long existed within the U.S. immigration detention system, which has had an impact on the mental health of those in custody,” said Rebekah Entralgo, a spokeswoman for the organization, in a statement.\u003c/p>\n\u003cp>“Resources like phone calls, outside recreational time, and timely meals — which are difficult to come by even under normal circumstances — are severely limited during the pandemic, which adds to the isolation of immigration detention,” Entralgo added.\u003c/p>\n\u003ch3>Suicide in Quarantine\u003c/h3>\n\u003cp>The United Nations has argued that prolonged solitary confinement for more than 15 days should be banned.\u003c/p>\n\u003cp>The practice should never be used on juveniles or people with mental disabilities because it can amount to “cruel, inhuman or degrading treatment,” Juan Méndez, the UN Special Rapporteur on torture, \u003ca href=\"https://news.un.org/en/story/2011/10/392012-solitary-confinement-should-be-banned-most-cases-un-expert-says\">warned in 2011\u003c/a>.\u003c/p>\n\u003cp>The stress and suffering of solitary confinement can also lead to the onset or worsening of mental illness, researchers say.\u003c/p>\n\u003cp>The strain of isolation was particularly detrimental to Choung Woong Ahn, a detainee who committed suicide at the Mesa Verde detention center in May, according to his attorney Trevor Kosmo, with Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>Ahn, a 74-year-old man from South Korea, killed himself in the shower of a medical isolation unit while in quarantine after he returned from a hospital. ICE knew Ahn had a history of \u003ca href=\"https://www.ice.gov/doclib/foia/reports/ddrAHNChoungWoong.pdf\">suicide attempts\u003c/a>, Kosmo said, but failed to continuously \u003ca href=\"https://www.desertsun.com/story/news/politics/immigration/2020/08/07/family-asks-newsom-probe-choung-woohn-ahn-suicide-ice-mesa-verde/5504694002/\">monitor him\u003c/a>, as required for at-risk detainees.\u003c/p>\n\u003cp>“I believe that my client, Mr. Ahn, died due to ICE’s negligence,” Kosmo said. “And because they quarantined him in solitary confinement without giving him the one-on-one observation that he was required to have under their own detention standards.”\u003c/p>\n\u003cp>Kosmo, who also represents Alton Edmondson, said ICE does not need to lock up people who are awaiting immigration court hearings, and the pandemic has highlighted long-standing problems with detention.\u003c/p>\n\u003cp>“It’s completely inhumane to put people in a windowless room for 23 hours to quarantine them,” he said. “If they can’t properly quarantine them, they need to release everyone.”\u003c/p>\n\u003cp>Ahn’s family and Edmondson could both sue The GEO Group under a new California law signed last month by Gov. Gavin Newsom. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3228\">AB 3228\u003c/a> makes it easier for individuals to bring legal charges in state court against private detention companies for failing to abide by the terms of their contracts.\u003c/p>\n\u003cp>Supporters of AB 3228 say the new law provides a path to state-level accountability for violations of ICE’s standards at for-profit facilities.\u003c/p>\n\u003ch3>ICE’s History With Solitary Confinement\u003c/h3>\n\u003cp>Concerns about ICE’s use of solitary confinement predate the pandemic.\u003c/p>\n\u003cp>A recent congressional \u003ca href=\"https://homeland.house.gov/imo/media/doc/Homeland%20ICE%20facility%20staff%20report.pdf\">investigation\u003c/a> found that ICE regularly contracts with facilities that are “poorly equipped” to meet the agency’s detention guidelines, and that ICE and its parent agency, the Department of Homeland Security, rarely enforce corrections of identified problems.\u003c/p>\n\u003cp>The report by the House Committee on Homeland Security also found that detainees are often denied adequate medical and mental health care, and that ICE facilities “improperly use segregation as retaliation,” sometimes on detainees who have participated in hunger strikes to protest detention conditions.\u003c/p>\n\u003cp>“Unfortunately, ICE appears to prioritize obtaining bed space over the wellbeing of detainees in its custody,” concluded the committee staffers who visited eight detention centers, including two in California and interviewed more than 400 immigrants held there.\u003c/p>\n\u003cp>An ICE spokeswoman defended the agency and said it will review the committee’s report. She added that ICE’s “aggressive inspections program” includes targeted site visits and independent third-party compliance reviews, and that the agency has made improvements to detention conditions based on recommendations by the DHS Office of the Inspector General.\u003c/p>\n\u003cp>ICE “is fully committed to the health and safety of those in our care,” said Stacey Daniels, who directs public affairs at the agency. “However, it is clear this one-sided review of our facilities was done to tarnish our agency’s reputation, as opposed to actually reviewing the care detainees receive while in our custody.”\u003c/p>\n\u003cp>ICE refers to the practice of isolating a detainee from the general population as “segregation,” and allows it for disciplinary or other reasons, including for a vulnerable detainee’s own protection. Facility administrators are required to notify ICE field office directors when detainees are segregated for 14 days or longer, according to the agency’s \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-12.pdf\">standards\u003c/a>.\u003c/p>\u003c/div>",
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"content": "‘It’s a really, really punitive experience, regardless of the reason for someone’s placement into solitary confinement.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Between 2013 to 2017, ICE facilities nationwide logged more than 5,300 cases of segregation that lasted two weeks or more, according to Caitlin Patler, an assistant professor of sociology at UC Davis who analyzed the incident reports. One person was isolated for more than two years, she said.\u003c/p>\n\u003cp>“It’s a really, really punitive experience, regardless of the reason for someone’s placement into solitary confinement,” Patler said.\u003c/p>\n\u003cp>Patler was troubled to find that people with mental illness were overrepresented in ICE segregation cases. And immigrants from Africa and the Caribbean — with majority Black populations — experienced a quarter of all the incidents, though they comprised only 4% of the detainee population.\u003c/p>\n\u003cp>“There might be some really problematic racialized practices happening within detention facilities where a situation involving a Black detained person results in solitary confinement much more frequently than we would expect based on their portion of the detained population,” said Patler, who co-authored a \u003ca href=\"https://osf.io/preprints/socarxiv/zdy7f/\">study\u003c/a> on the issue soon to be published in the peer-reviewed journal Punishment and Society.\u003c/p>\n\u003cp>An ICE spokesman declined to comment on Patler’s findings, saying they haven’t been published yet.\u003c/p>\n\u003cfigure id=\"attachment_11841227\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11841227\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1.jpg\" alt=\"\" width=\"1920\" height=\"1294\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-800x539.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-1020x687.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-160x108.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS22944_GettyImages-450371255-qut-1-1536x1035.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A guard escorts an immigrant detainee from his ‘segregation cell’ back into the general population at the Adelanto Detention Center. \u003ccite>(John Moore/Getty images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>ICE is currently jailing about \u003ca href=\"https://www.ice.gov/detention-management\">20,000 people\u003c/a> across the country, compared to about 38,000 immigrants who were in custody in late March. About half of those detained have criminal convictions, while the rest have pending criminal charges or have only violated immigration laws.\u003c/p>\n\u003ch3>From Plea Deal to Detention\u003c/h3>\n\u003cp>Alton Edmondson had been jailed for 14 months in Nevada County, California, when he pled guilty to a serious felony conviction for assault with a firearm during a robbery.\u003c/p>\n\u003cp>Throughout his criminal proceedings, Edmondson, who is Black, insisted that he was wrongly accused of the offense. He maintains his arrest stemmed from a racially-motivated traffic stop in a county where only about 1% of the population is Black.\u003c/p>\n\u003cp>The criminal court had granted him bail, but he and his family could not afford to pay it, he said, and he remained behind bars.\u003c/p>\n\u003cp>“The whole thing was racial profiling,” said Edmondson, who was visiting a friend in California when he was arrested. “I was innocent.”\u003c/p>\n\u003cp>When they arrested Edmondson in Nov. 2018, sheriff’s deputies did not find a firearm in the vehicle he was in, and the charges were filed based on a dubious eyewitness identification, according to court documents submitted by San Francisco Public Defender’s Office. The office sued, along with the ACLU and other legal aid nonprofits, to force ICE to release vulnerable detainees from Mesa Verde during the pandemic.\u003c/p>\n\u003cp>Edmondson was told that if he lost his criminal trial, he faced up to 12 years of incarceration, but if he took the plea deal, he would be let out in four months, court records show.\u003c/p>\n\u003cp>“Because of the racial demographics of the county, and pervasive racial bias among the likely juror pool, his attorney advised that his chances of winning at trial were slim,” according to the request for Edmond’s release from ICE detention filed by Genna Beier, a San Francisco deputy public defender.\u003c/p>\n\u003cp>On May 26, as Edmondson was released from the Nevada County Jail, ICE officials arrested him and detained him at Mesa Verde.\u003c/p>\n\u003cp>Edmondson said he didn’t understand at the time that pleading guilty to the felony would lead to deportation proceedings and losing his green card, which has allowed him to lawfully work and live in the U.S. for nearly 20 years. But ICE disputes that.\u003c/p>\n\u003cp>“He signed an agreement acknowledging that he understood the nature of the crimes and allegations and the consequences of his plea,” said agency officials opposing his release, adding that Edmondson had two prior misdemeanor offenses related to marijuana possession and a DUI.\u003c/p>\n\u003cp>But on Sept. 23, U.S. District Judge Vince Chhabria ordered ICE to release Edmondson, who has asthma, along with more than 140 other detainees at Mesa Verde, where COVID-19 has infected nearly 60 detainees.\u003c/p>\n\u003cp>Chhabria’s release orders weigh each person’s health risk in detention against the likelihood that he or she will endanger the community or will fail to show up for immigration court proceedings if released.\u003c/p>\n\u003cp>Edmondson is quarantining at a hotel in Bakersfield until Oct. 7, following the judge’s orders. He then plans to go home to Georgia, where two of his three sons live. The youngest is just 6, he said.\u003c/p>\n\u003cp>“I feel great, I feel freedom,” he said. “I want to see my kids. Missed them a lot.”\u003c/p>\n\u003cp>Edmondson said he hopes that talking about his experience of isolation at Mesa Verde will make ICE detention more humane for others.\u003c/p>\n\u003cp>“That’s not right the way they treated me,” he said. “I think it’s very important for people to hear my story.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "a-technical-fix-may-not-help-address-systematic-racism-in-predictive-policing",
"title": "Are California Police Departments Quietly Backing Away from Predictive Policing?",
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"headTitle": "Are California Police Departments Quietly Backing Away from Predictive Policing? | KQED",
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"content": "\u003cp>Nearly a decade ago, Santa Cruz was one of the first cities in the U.S. to adopt what’s called “\u003ca href=\"https://www.kqed.org/forum/201201171000/predictive-policing\" target=\"_blank\" rel=\"noopener noreferrer\">predictive policing\u003c/a>.” Now it’s one of the first to enact a ban. That may be because police departments are beginning to quietly back away from the practice.\u003c/p>\n\u003cp>In truth, the Santa Cruz Police Department dropped predictive policing in 2017, when Andy Mills started as police chief. From the beginning, he spoke of a more community focused approach to the job. Interviewed for a story about his first day on the job, he told local TV news station \u003ca href=\"https://www.ksbw.com/article/santa-cruzs-new-top-cop-andrew-mills/10394315\" target=\"_blank\" rel=\"noopener noreferrer\">KSBW\u003c/a> he wanted to focus on “tactical deescalation.” He was one of a number of California police chiefs to \u003ca href=\"https://twitter.com/SantaCruzPolice/status/1266841397497221120?s=20\" target=\"_blank\" rel=\"noopener noreferrer\">take a knee\u003c/a> with Black Lives Matter protestors this past spring.\u003c/p>\n\u003cp>https://twitter.com/SantaCruzPolice/status/1266841397497221120?s=20\u003c/p>\n\u003cp>When the Santa Cruz city council took up a new ordinance banning predictive policing and facial recognition software on June 23, 2020, Chief Mills expressed unreserved support. “Predictive policing has been shown over time to put officers in conflict with communities rather than working with the communities,” he said. He spoke in support of the mayor to ban the technologies “until such time that it can be peer reviewed and scientifically proven.” The vote for the ban was unanimous.\u003c/p>\n\u003cp>Among those watching from elsewhere in the Bay was Brian Hofer, who chairs Oakland’s \u003ca href=\"https://www.oaklandca.gov/boards-commissions/privacy-advisory-board\" target=\"_blank\" rel=\"noopener noreferrer\">privacy commission\u003c/a> and heads the nonprofit \u003ca href=\"https://secure-justice.org\" target=\"_blank\" rel=\"noopener noreferrer\">Secure Justice\u003c/a>. He sees the vote in Santa Cruz as the latest referendum on the effectiveness of predictive policing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“You guys told us this was going to save lives. Where’s the data?” he said, noting conversations bubbling up in Oakland and San Diego that may evolve into efforts to ban predictive policing elsewhere in California. Hofer helped craft \u003ca href=\"https://www.kqed.org/news/11761849/oakland-city-council-votes-to-ban-facial-recognition-software\" target=\"_blank\" rel=\"noopener noreferrer\">Oakland’s ban on facial recognition\u003c/a> technology, and consults with other cities reassessing their policing contracts and policies.\u003c/p>\n\u003cfigure id=\"attachment_11828595\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11828595 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/636833394040830000-800x1023.jpeg\" alt=\"Santa Cruz Mayor Justin Cummings proposed the ban on predictive policing, unanimously approved by the city council on June 23, 2020.\" width=\"800\" height=\"1023\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-800x1023.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-1020x1304.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-160x205.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-1201x1536.jpeg 1201w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000.jpeg 1493w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Santa Cruz Mayor Justin Cummings proposed the ban on predictive policing, unanimously approved by the city council on June 23, 2020. \u003ccite>(Courtesy of the City of Santa Cruz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We fall for the marketing hype, go release this stuff out into the wild without understanding it, and then never really demand a cost benefit analysis,” Hofer said, noting a number of studies and audits in recent years have found predictive policing and other data-driven policing solutions sold by Silicon Valley companies like PredPol and Palantir have yet to deliver on their promises.\u003c/p>\n\u003cp>\u003ca href=\"https://www.nij.gov/topics/law-enforcement/strategies/predictive-policing/Pages/welcome.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">Predictive policing\u003c/a> uses computer modeling to anticipate crime and to manage when and where police officers are deployed. Algorithms analyze historical data to predict where certain crimes may occur (aka “hotspots”) and possibly who may be involved in a future crime. That, at least, is the promise.\u003c/p>\n\u003cp>“It is a common fallacy that police data is objective and reflects actual criminal behavior, patterns, or other indicators of concern to public safety in a given jurisdiction,” researchers from New York University wrote in a 2019 study they titled \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3333423\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cem>Dirty Data, Bad Predictions\u003c/em>\u003c/a>. “In reality, police data reflects the practices, policies, biases, and political and financial accounting needs of a given department,” they wrote.\u003c/p>\n\u003cp>Santa Cruz Mayor Justin Cummings referenced this consensus growing among academics as well as activists when he brought the ban proposal forward in June. “If policing itself is biased, then the data that’s informing those models will be biased,” he said.\u003c/p>\n\u003ch2>Not Just Santa Cruz\u003c/h2>\n\u003cp>Former LAPD Chief and New York City Police Commissioner Bill Bratton was the biggest early booster of predictive policing on the national stage, starting in 1994. First, with the crime tracking system CompStat, later with a host of analytical software products and strategies, he’s championed what he describes as the “evolution of policing.”\u003c/p>\n\u003cp>Bratton was brought in first to consult and later to head the LAPD in 2002 by then-Mayor Jim Hahn. A decade later, he led an investigation into Oakland’s implementation of CompStat, and issued a scathing \u003ca href=\"https://www.kqed.org/news/96648/bratton-report-findings-highly-critical-of-oakland-police-department\" target=\"_blank\" rel=\"noopener noreferrer\">critique\u003c/a> in 2012.\u003c/p>\n\u003cp>But while his data-driven reforms were praised at the time, the NYPD has since been \u003ca href=\"https://www.brennancenter.org/our-work/analysis-opinion/court-public-deserves-know-how-nypd-uses-predictive-policing-software\" target=\"_blank\" rel=\"noopener noreferrer\">court-ordered\u003c/a> to produce records about testing, development, and use of predictive analytics tools, and just a few months ago, the LAPD \u003ca href=\"https://www.buzzfeednews.com/article/carolinehaskins1/los-angeles-police-department-dumping-predpol-predictive\" target=\"_blank\" rel=\"noopener noreferrer\">pulled out of two of its predictive policing contracts\u003c/a>, including one with \u003ca href=\"https://www.predpol.com\" target=\"_blank\" rel=\"noopener noreferrer\">PredPol\u003c/a>, the same company Santa Cruz was using.\u003c/p>\n\u003cp>LAPD publicly blamed pandemic era budget restrictions for ending the contract, but as \u003ca href=\"https://www.muckrock.com/news/archives/2019/mar/12/algorithms-lapd-predpol/\" target=\"_blank\" rel=\"noopener noreferrer\">Muckrock reported\u003c/a>, internal auditing couldn’t determine the programs were effective. The 48-page report from the office of Inspector General Mark Smith issued last March, found the department needs tougher standards for data collection, record keeping, and communicating its policies to the public to guard against targeting minorities and certain neighborhoods.\u003c/p>\n\u003cp>“After ten years, with enough public pressure and community concern, it was an easy decision to just pull the plug,” said Andrew Ferguson, a law professor at American University and author of \u003cem>The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement\u003c/em>.\u003c/p>\n\u003cp>Whether one takes issue with data-driven policing itself or the way it’s implemented, there have been a host of issues with the way many California police departments have gathered and maintained databases.\u003c/p>\n\u003cp>A 2016 state audit of California’s \u003ca href=\"https://www.documentcloud.org/documents/3010637-CalGang-Audit.html\" target=\"_blank\" rel=\"noopener noreferrer\">CalGang database\u003c/a>, for instance, found a multitude of errors, unsubstantiated claims of gang involvement, and hundreds of files lingering long after their legally mandated purge date.\u003c/p>\n\u003cp>In a statement, PredPol CEO Brian Macdonald took issue with the way predictive policing has been characterized in recent debates. “It should be noted that the ‘predictive’ aspect is only a small part of what we do,” Macdonald said. “PredPol is all about bringing greater transparency to patrol operations… We allow departments to set missions — crime types to focus on — so the community can see what police resources are focused on.”\u003c/p>\n\u003cp>Macdonald clarified what they do by saying they never use arrest data in predictions, and “never predict for crime types that allow for the possibility of officer bias (e.g. drug crimes).” He said they only work with crimes involving “a clear victim” such as vehicle theft, break-ins, and robberies. “We never use any demographic, racial, or personally identifiable information,” he added.\u003c/p>\n\u003cp>But if appraisals on predictive policing are popping up on city council agendas across California this summer, Andrew Ferguson at American University warns many police officers, politicians and members of the public are still fascinated with the idea that technology is the ticket to 21st century crime fighting, and he has this prediction for us.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“The next thing we’re going to see is a response to this demand for police accountability to sort of turn the surveillance gaze on police,” Ferguson said. “It’s sort of the Silicon Valley way to see an opening and try to pitch it.”\u003c/p>\n\n",
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"excerpt": "Academics and activists argue predictive policing is failing to prove itself as a shortcut to addressing systemic racism.",
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"title": "Are California Police Departments Quietly Backing Away from Predictive Policing? | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nearly a decade ago, Santa Cruz was one of the first cities in the U.S. to adopt what’s called “\u003ca href=\"https://www.kqed.org/forum/201201171000/predictive-policing\" target=\"_blank\" rel=\"noopener noreferrer\">predictive policing\u003c/a>.” Now it’s one of the first to enact a ban. That may be because police departments are beginning to quietly back away from the practice.\u003c/p>\n\u003cp>In truth, the Santa Cruz Police Department dropped predictive policing in 2017, when Andy Mills started as police chief. From the beginning, he spoke of a more community focused approach to the job. Interviewed for a story about his first day on the job, he told local TV news station \u003ca href=\"https://www.ksbw.com/article/santa-cruzs-new-top-cop-andrew-mills/10394315\" target=\"_blank\" rel=\"noopener noreferrer\">KSBW\u003c/a> he wanted to focus on “tactical deescalation.” He was one of a number of California police chiefs to \u003ca href=\"https://twitter.com/SantaCruzPolice/status/1266841397497221120?s=20\" target=\"_blank\" rel=\"noopener noreferrer\">take a knee\u003c/a> with Black Lives Matter protestors this past spring.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>When the Santa Cruz city council took up a new ordinance banning predictive policing and facial recognition software on June 23, 2020, Chief Mills expressed unreserved support. “Predictive policing has been shown over time to put officers in conflict with communities rather than working with the communities,” he said. He spoke in support of the mayor to ban the technologies “until such time that it can be peer reviewed and scientifically proven.” The vote for the ban was unanimous.\u003c/p>\n\u003cp>Among those watching from elsewhere in the Bay was Brian Hofer, who chairs Oakland’s \u003ca href=\"https://www.oaklandca.gov/boards-commissions/privacy-advisory-board\" target=\"_blank\" rel=\"noopener noreferrer\">privacy commission\u003c/a> and heads the nonprofit \u003ca href=\"https://secure-justice.org\" target=\"_blank\" rel=\"noopener noreferrer\">Secure Justice\u003c/a>. He sees the vote in Santa Cruz as the latest referendum on the effectiveness of predictive policing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“You guys told us this was going to save lives. Where’s the data?” he said, noting conversations bubbling up in Oakland and San Diego that may evolve into efforts to ban predictive policing elsewhere in California. Hofer helped craft \u003ca href=\"https://www.kqed.org/news/11761849/oakland-city-council-votes-to-ban-facial-recognition-software\" target=\"_blank\" rel=\"noopener noreferrer\">Oakland’s ban on facial recognition\u003c/a> technology, and consults with other cities reassessing their policing contracts and policies.\u003c/p>\n\u003cfigure id=\"attachment_11828595\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11828595 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/636833394040830000-800x1023.jpeg\" alt=\"Santa Cruz Mayor Justin Cummings proposed the ban on predictive policing, unanimously approved by the city council on June 23, 2020.\" width=\"800\" height=\"1023\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-800x1023.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-1020x1304.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-160x205.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000-1201x1536.jpeg 1201w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/07/636833394040830000.jpeg 1493w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Santa Cruz Mayor Justin Cummings proposed the ban on predictive policing, unanimously approved by the city council on June 23, 2020. \u003ccite>(Courtesy of the City of Santa Cruz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We fall for the marketing hype, go release this stuff out into the wild without understanding it, and then never really demand a cost benefit analysis,” Hofer said, noting a number of studies and audits in recent years have found predictive policing and other data-driven policing solutions sold by Silicon Valley companies like PredPol and Palantir have yet to deliver on their promises.\u003c/p>\n\u003cp>\u003ca href=\"https://www.nij.gov/topics/law-enforcement/strategies/predictive-policing/Pages/welcome.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">Predictive policing\u003c/a> uses computer modeling to anticipate crime and to manage when and where police officers are deployed. Algorithms analyze historical data to predict where certain crimes may occur (aka “hotspots”) and possibly who may be involved in a future crime. That, at least, is the promise.\u003c/p>\n\u003cp>“It is a common fallacy that police data is objective and reflects actual criminal behavior, patterns, or other indicators of concern to public safety in a given jurisdiction,” researchers from New York University wrote in a 2019 study they titled \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3333423\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cem>Dirty Data, Bad Predictions\u003c/em>\u003c/a>. “In reality, police data reflects the practices, policies, biases, and political and financial accounting needs of a given department,” they wrote.\u003c/p>\n\u003cp>Santa Cruz Mayor Justin Cummings referenced this consensus growing among academics as well as activists when he brought the ban proposal forward in June. “If policing itself is biased, then the data that’s informing those models will be biased,” he said.\u003c/p>\n\u003ch2>Not Just Santa Cruz\u003c/h2>\n\u003cp>Former LAPD Chief and New York City Police Commissioner Bill Bratton was the biggest early booster of predictive policing on the national stage, starting in 1994. First, with the crime tracking system CompStat, later with a host of analytical software products and strategies, he’s championed what he describes as the “evolution of policing.”\u003c/p>\n\u003cp>Bratton was brought in first to consult and later to head the LAPD in 2002 by then-Mayor Jim Hahn. A decade later, he led an investigation into Oakland’s implementation of CompStat, and issued a scathing \u003ca href=\"https://www.kqed.org/news/96648/bratton-report-findings-highly-critical-of-oakland-police-department\" target=\"_blank\" rel=\"noopener noreferrer\">critique\u003c/a> in 2012.\u003c/p>\n\u003cp>But while his data-driven reforms were praised at the time, the NYPD has since been \u003ca href=\"https://www.brennancenter.org/our-work/analysis-opinion/court-public-deserves-know-how-nypd-uses-predictive-policing-software\" target=\"_blank\" rel=\"noopener noreferrer\">court-ordered\u003c/a> to produce records about testing, development, and use of predictive analytics tools, and just a few months ago, the LAPD \u003ca href=\"https://www.buzzfeednews.com/article/carolinehaskins1/los-angeles-police-department-dumping-predpol-predictive\" target=\"_blank\" rel=\"noopener noreferrer\">pulled out of two of its predictive policing contracts\u003c/a>, including one with \u003ca href=\"https://www.predpol.com\" target=\"_blank\" rel=\"noopener noreferrer\">PredPol\u003c/a>, the same company Santa Cruz was using.\u003c/p>\n\u003cp>LAPD publicly blamed pandemic era budget restrictions for ending the contract, but as \u003ca href=\"https://www.muckrock.com/news/archives/2019/mar/12/algorithms-lapd-predpol/\" target=\"_blank\" rel=\"noopener noreferrer\">Muckrock reported\u003c/a>, internal auditing couldn’t determine the programs were effective. The 48-page report from the office of Inspector General Mark Smith issued last March, found the department needs tougher standards for data collection, record keeping, and communicating its policies to the public to guard against targeting minorities and certain neighborhoods.\u003c/p>\n\u003cp>“After ten years, with enough public pressure and community concern, it was an easy decision to just pull the plug,” said Andrew Ferguson, a law professor at American University and author of \u003cem>The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement\u003c/em>.\u003c/p>\n\u003cp>Whether one takes issue with data-driven policing itself or the way it’s implemented, there have been a host of issues with the way many California police departments have gathered and maintained databases.\u003c/p>\n\u003cp>A 2016 state audit of California’s \u003ca href=\"https://www.documentcloud.org/documents/3010637-CalGang-Audit.html\" target=\"_blank\" rel=\"noopener noreferrer\">CalGang database\u003c/a>, for instance, found a multitude of errors, unsubstantiated claims of gang involvement, and hundreds of files lingering long after their legally mandated purge date.\u003c/p>\n\u003cp>In a statement, PredPol CEO Brian Macdonald took issue with the way predictive policing has been characterized in recent debates. “It should be noted that the ‘predictive’ aspect is only a small part of what we do,” Macdonald said. “PredPol is all about bringing greater transparency to patrol operations… We allow departments to set missions — crime types to focus on — so the community can see what police resources are focused on.”\u003c/p>\n\u003cp>Macdonald clarified what they do by saying they never use arrest data in predictions, and “never predict for crime types that allow for the possibility of officer bias (e.g. drug crimes).” He said they only work with crimes involving “a clear victim” such as vehicle theft, break-ins, and robberies. “We never use any demographic, racial, or personally identifiable information,” he added.\u003c/p>\n\u003cp>But if appraisals on predictive policing are popping up on city council agendas across California this summer, Andrew Ferguson at American University warns many police officers, politicians and members of the public are still fascinated with the idea that technology is the ticket to 21st century crime fighting, and he has this prediction for us.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The next thing we’re going to see is a response to this demand for police accountability to sort of turn the surveillance gaze on police,” Ferguson said. “It’s sort of the Silicon Valley way to see an opening and try to pitch it.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "man-dies-of-covid-19-in-san-diego-ice-detention-center-lawyers-say",
"title": "First COVID-19 Death at an ICE Detention Center Hits in San Diego",
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"headTitle": "First COVID-19 Death at an ICE Detention Center Hits in San Diego | KQED",
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"content": "\u003cp>\u003cem>Update: Thursday, May 7, 2020 at 5:15 pm\u003c/em>\u003c/p>\n\u003cp>Officials with U.S. Immigration and Customs Enforcement said Thursday that Carlos Escobar-Mejia died Wednesday at 2:15 a.m. at the Paradise Valley Hospital in National City, Calif. He was admitted to the hospital April 24 and tested positive for COVID-19 the same day, officials said.\u003c/p>\n\u003cp>They confirmed that his death was the first known coronavirus fatality of a person in ICE detention.\u003c/p>\n\u003cp>Escobar-Mejia, 57, had been in ICE custody since Jan. 10, the agency said in a statement, adding that a medical screening showed he suffered from hypertension and that he told officials he was diabetic. An immigration judge had denied his release on bond April 15, deeming him a flight risk, ICE said.\u003c/p>\n\u003cp>Escobar-Mejia, originally from El Salvador, first came to the United States in 1980, officials said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In the statement, ICE reported that 181 immigrants held in detention at the Otay Mesa Detention Center have been diagnosed with COVID-19 since April 1, with 140 of them currently in ICE custody. As of Thursday, 753 detainees nationwide have been confirmed to have the virus, out of 1528 tested.\u003c/p>\n\u003cp>The Otay Mesa facility stopped accepting new detainees on April 2, according to the ICE statement, and the total number of people held there has been reduced — from 996 on Feb. 29, to 629 as of May 5.\u003c/p>\n\u003cp>\u003cem>Original story:\u003c/em>\u003c/p>\n\u003cp>A 57-year-old man held at an immigration detention facility in San Diego has died of COVID-19, immigrant advocates reported Wednesday. It is the first known coronavirus death among the roughly 30,000 people detained by U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>ICE officials would not confirm the death, saying the agency’s policy is to announce detainee deaths within 48 hours.\u003c/p>\n\u003cp>The man, identified as Carlos Ernesto Escobar Mejia \u003ca href=\"https://www.sandiegouniontribune.com/news/immigration/story/2020-05-06/first-ice-detainee-dies-from-covid-19-after-being-hospitalized-from-otay-mesa-detention-center\">by The San Diego Union-Tribune\u003c/a>, was originally from El Salvador and had been held at the Otay Mesa Detention Center for about four months. He had spent his last days in a hospital, where he died, according to Dulce Garcia, executive director of the advocacy group Border Angels.\u003c/p>\n\u003cp>“ICE set up a death trap and it was just a matter of time,” said Garcia, an attorney who represents immigrants detained at Otay Mesa. “We’ve known for weeks that they don’t have enough testing for everyone in there, and when you do test positive they put you into these cohorts with 100 other people. They should be releasing everyone.”\u003c/p>\n\u003cp>Another San Diego immigration lawyer said a distraught client of his at Otay Mesa called him to say that guards had come to her pod Wednesday morning and told detainees that a man housed in another pod had died of COVID-19.\u003c/p>\n\u003cp>“I can feel in her voice how scared she is,” attorney Ian Seruelo said of his client, a Mexican asylum-seeker who is trying to get released from custody. “There is this atmosphere inside where everyone is scared of what’s going to happen. They’re living on the edge. They don’t know if they could be the next one to be infected.”\u003c/p>\n\u003cp>The death comes one week after a federal judge in San Diego \u003ca href=\"https://www.aclusandiego.org/wp-content/uploads/2020/04/2020-04-30-38-ORD-Granting-TRO.pdf\">ordered\u003c/a> ICE to immediately consider dozens of medically vulnerable people, including those 60 or older, for release from detention at Otay Mesa. As of Monday, just two individuals had been released.[pullquote size=\"medium\" align=\"right\" citation=\"Ian Seruelo, immigration attorney\"]‘There is this atmosphere inside where everyone is scared of what’s going to happen. They’re living on the edge. They don’t know if they could be the next one to be infected.’[/pullquote]\u003c/p>\n\u003cp>In his emergency order, U.S. District Judge Dana Sabraw called the conditions at the Otay Mesa facility unconstitutional, because they put detainees “at substantial risk of serious illness or death.”\u003c/p>\n\u003cp>The order followed a \u003ca href=\"https://www.aclusandiego.org/wp-content/uploads/2020/04/2020-04-21-Class-Complaint-FINAL.pdf\">lawsuit\u003c/a> filed by the ACLU of San Diego, calling for ICE and private prison operator CoreCivic to dramatically reduce the number of detainees at Otay Mesa. ACLU staff attorney Monika Langarica said Escobar Mejia should have been released as medically vulnerable.\u003c/p>\n\u003cp>“Today one of those people has died because ICE refused to release him when he still had a chance to survive this deadly virus,” said Langarica in a statement Wednesday. “We continue to call on ICE and CoreCivic to act urgently and with humanity. This tragic news is even more evidence that failing to act will result in cruel and needless death.”\u003c/p>\n\u003cp>The case is one of numerous suits filed in federal courts around the country in recent weeks, urgently requesting ICE to protect detained immigrants by releasing them from custody and implementing stronger social distancing and hygiene measures for those who remain locked up.\u003c/p>\n\u003cp>Officials with ICE and CoreCivic did not respond to repeated requests for comment.\u003c/p>\n\u003cp>Attorney Seruelo said his client should also be released, based on her heightened risk for complications of COVID-19. He said she had been treated for diabetes for years in Mexico but lacked documentation of her condition. He also said she had been tested for diabetes two weeks ago by ICE medical staff but was still waiting for the test results to be released to her.\u003c/p>\n\u003cp>[aside postID=news_11812701,news_11813475,news_11809081 label='Related Coverage']There are currently 132 ICE detainees and 10 ICE staff at Otay Mesa who have tested positive for COVID-19, according to the agency. That’s more than triple the number of cases two weeks ago, and by far the largest outbreak at an ICE detention center. In addition, CoreCivic has reported at least nine of its employees with confirmed cases. And 54 federal prisoners held for the U.S. Marshals Service at the facility have also been diagnosed with the virus.\u003c/p>\n\u003cp>Nationally, \u003ca href=\"https://www.ice.gov/coronavirus\">ICE reports\u003c/a> that it has tested 1,460 detained people for COVID-19 and 705 of those tests — almost half — have come back positive.\u003c/p>\n\u003cp>Sen. Kamala Harris, who last month joined with a dozen other Democratic senators \u003ca href=\"https://www.harris.senate.gov/imo/media/doc/Harris%20Follow%20Up%20Letter%20re%20covid%20prep%20in%20DHS%20Facilities.pdf\">calling on ICE\u003c/a> to release vulnerable and low-risk detainees, decried Escobar Mejia’s death.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“Tragically, this death was likely preventable,” Harris told KQED. “For months, I have called on the Department of Homeland Security and the Bureau of Prisons to act quickly to prevent the spread of COVID-19 at facilities like Otay Mesa Detention Center. It is imperative that officials take every step available to prevent more illness and loss.”\u003c/p>\n\n",
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"title": "First COVID-19 Death at an ICE Detention Center Hits in San Diego | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Update: Thursday, May 7, 2020 at 5:15 pm\u003c/em>\u003c/p>\n\u003cp>Officials with U.S. Immigration and Customs Enforcement said Thursday that Carlos Escobar-Mejia died Wednesday at 2:15 a.m. at the Paradise Valley Hospital in National City, Calif. He was admitted to the hospital April 24 and tested positive for COVID-19 the same day, officials said.\u003c/p>\n\u003cp>They confirmed that his death was the first known coronavirus fatality of a person in ICE detention.\u003c/p>\n\u003cp>Escobar-Mejia, 57, had been in ICE custody since Jan. 10, the agency said in a statement, adding that a medical screening showed he suffered from hypertension and that he told officials he was diabetic. An immigration judge had denied his release on bond April 15, deeming him a flight risk, ICE said.\u003c/p>\n\u003cp>Escobar-Mejia, originally from El Salvador, first came to the United States in 1980, officials said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the statement, ICE reported that 181 immigrants held in detention at the Otay Mesa Detention Center have been diagnosed with COVID-19 since April 1, with 140 of them currently in ICE custody. As of Thursday, 753 detainees nationwide have been confirmed to have the virus, out of 1528 tested.\u003c/p>\n\u003cp>The Otay Mesa facility stopped accepting new detainees on April 2, according to the ICE statement, and the total number of people held there has been reduced — from 996 on Feb. 29, to 629 as of May 5.\u003c/p>\n\u003cp>\u003cem>Original story:\u003c/em>\u003c/p>\n\u003cp>A 57-year-old man held at an immigration detention facility in San Diego has died of COVID-19, immigrant advocates reported Wednesday. It is the first known coronavirus death among the roughly 30,000 people detained by U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>ICE officials would not confirm the death, saying the agency’s policy is to announce detainee deaths within 48 hours.\u003c/p>\n\u003cp>The man, identified as Carlos Ernesto Escobar Mejia \u003ca href=\"https://www.sandiegouniontribune.com/news/immigration/story/2020-05-06/first-ice-detainee-dies-from-covid-19-after-being-hospitalized-from-otay-mesa-detention-center\">by The San Diego Union-Tribune\u003c/a>, was originally from El Salvador and had been held at the Otay Mesa Detention Center for about four months. He had spent his last days in a hospital, where he died, according to Dulce Garcia, executive director of the advocacy group Border Angels.\u003c/p>\n\u003cp>“ICE set up a death trap and it was just a matter of time,” said Garcia, an attorney who represents immigrants detained at Otay Mesa. “We’ve known for weeks that they don’t have enough testing for everyone in there, and when you do test positive they put you into these cohorts with 100 other people. They should be releasing everyone.”\u003c/p>\n\u003cp>Another San Diego immigration lawyer said a distraught client of his at Otay Mesa called him to say that guards had come to her pod Wednesday morning and told detainees that a man housed in another pod had died of COVID-19.\u003c/p>\n\u003cp>“I can feel in her voice how scared she is,” attorney Ian Seruelo said of his client, a Mexican asylum-seeker who is trying to get released from custody. “There is this atmosphere inside where everyone is scared of what’s going to happen. They’re living on the edge. They don’t know if they could be the next one to be infected.”\u003c/p>\n\u003cp>The death comes one week after a federal judge in San Diego \u003ca href=\"https://www.aclusandiego.org/wp-content/uploads/2020/04/2020-04-30-38-ORD-Granting-TRO.pdf\">ordered\u003c/a> ICE to immediately consider dozens of medically vulnerable people, including those 60 or older, for release from detention at Otay Mesa. As of Monday, just two individuals had been released.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In his emergency order, U.S. District Judge Dana Sabraw called the conditions at the Otay Mesa facility unconstitutional, because they put detainees “at substantial risk of serious illness or death.”\u003c/p>\n\u003cp>The order followed a \u003ca href=\"https://www.aclusandiego.org/wp-content/uploads/2020/04/2020-04-21-Class-Complaint-FINAL.pdf\">lawsuit\u003c/a> filed by the ACLU of San Diego, calling for ICE and private prison operator CoreCivic to dramatically reduce the number of detainees at Otay Mesa. ACLU staff attorney Monika Langarica said Escobar Mejia should have been released as medically vulnerable.\u003c/p>\n\u003cp>“Today one of those people has died because ICE refused to release him when he still had a chance to survive this deadly virus,” said Langarica in a statement Wednesday. “We continue to call on ICE and CoreCivic to act urgently and with humanity. This tragic news is even more evidence that failing to act will result in cruel and needless death.”\u003c/p>\n\u003cp>The case is one of numerous suits filed in federal courts around the country in recent weeks, urgently requesting ICE to protect detained immigrants by releasing them from custody and implementing stronger social distancing and hygiene measures for those who remain locked up.\u003c/p>\n\u003cp>Officials with ICE and CoreCivic did not respond to repeated requests for comment.\u003c/p>\n\u003cp>Attorney Seruelo said his client should also be released, based on her heightened risk for complications of COVID-19. He said she had been treated for diabetes for years in Mexico but lacked documentation of her condition. He also said she had been tested for diabetes two weeks ago by ICE medical staff but was still waiting for the test results to be released to her.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>There are currently 132 ICE detainees and 10 ICE staff at Otay Mesa who have tested positive for COVID-19, according to the agency. That’s more than triple the number of cases two weeks ago, and by far the largest outbreak at an ICE detention center. In addition, CoreCivic has reported at least nine of its employees with confirmed cases. And 54 federal prisoners held for the U.S. Marshals Service at the facility have also been diagnosed with the virus.\u003c/p>\n\u003cp>Nationally, \u003ca href=\"https://www.ice.gov/coronavirus\">ICE reports\u003c/a> that it has tested 1,460 detained people for COVID-19 and 705 of those tests — almost half — have come back positive.\u003c/p>\n\u003cp>Sen. Kamala Harris, who last month joined with a dozen other Democratic senators \u003ca href=\"https://www.harris.senate.gov/imo/media/doc/Harris%20Follow%20Up%20Letter%20re%20covid%20prep%20in%20DHS%20Facilities.pdf\">calling on ICE\u003c/a> to release vulnerable and low-risk detainees, decried Escobar Mejia’s death.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Tragically, this death was likely preventable,” Harris told KQED. “For months, I have called on the Department of Homeland Security and the Bureau of Prisons to act quickly to prevent the spread of COVID-19 at facilities like Otay Mesa Detention Center. It is imperative that officials take every step available to prevent more illness and loss.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "San Francisco DA Joins Calls to Release ICE Detainees During Pandemic",
"title": "San Francisco DA Joins Calls to Release ICE Detainees During Pandemic",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>San Francisco District Attorney Chesa Boudin called on Gov. Gavin Newsom Thursday to use his executive authority to shut down federal immigration detention centers in California to protect public health during the coronavirus pandemic.\u003c/p>\n\u003cp>The call came amid a growing outcry by medical experts, immigrant advocates and a former director of U.S. Immigration and Customs Enforcement (ICE) over the potential danger of COVID-19 in ICE detention facilities. And it followed a lawsuit filed by 13 medically vulnerable detained immigrants in California, calling on ICE to release them.\u003c/p>\n\u003cp>Also Thursday, U.S. Sen. Dianne Feinstein released a \u003ca href=\"https://www.feinstein.senate.gov/public/_cache/files/0/9/0979f829-5357-4445-bb38-b98f47830583/280AF56FBFEB41A5FBAD5C414F21993E.2020.03.25-doj-immigration-courts.pdf\">letter\u003c/a> she sent to Attorney General William Barr, calling for the U.S. Department of Justice to suspend all immigration court hearings during the pandemic.\u003c/p>\n\u003cp>Boudin said San Francisco has safely reduced its jail population by 25 percent over the past three weeks. And he said releasing some of the 38,000 people currently detained by ICE nationwide should be easier because immigration custody is a form of civil, not criminal, detention.\u003c/p>\n\u003cp>“When someone dies in immigration detention, their blood will be on our hands,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Boudin said he believes Newsom could use an executive order to ban the use of private detention centers. Four ICE facilities in California are operated by private prison companies.\u003c/p>\n\u003cp>He also called on the governor to order state prisons to stop handing over inmates to ICE, adding that California prisons hold approximately 11,000 people who, under current policy, will be handed over to ICE after they have served their criminal sentences.\u003c/p>\n\u003cp>“That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic,” said Boudin.\u003c/p>\n\u003cp>Newsom’s press secretary Vicky Waters would not comment on whether the governor would consider such steps, but she said in a statement: “The federal government has exclusive authority over immigration law, but as we continue to grapple with the COVID-19 outbreak, we want everyone in the state to know that their health and welfare is our top priority.”\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Chesa Boudin, San Francisco District Attorney\"]'That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic.'[/pullquote]\u003c/p>\n\u003cp>Meanwhile, advocates in California and across the country voiced concern that an outbreak of COVID-19 inside any of the nation’s 138 ICE detention facilities could affect not just the immigrants and staff inside, but also the families and communities that ICE employees return to at the end of their shifts, and the hospitals where patients from ICE facilities would be taken for care.\u003c/p>\n\u003cp>As of Thursday evening, ICE \u003ca href=\"https://www.ice.gov/covid19\">reported\u003c/a> two confirmed cases of COVID-19 among people held in detention in Newark and Hackensack, New Jersey. Three employees at ICE detention facilities also had confirmed cases — in Elizabeth, New Jersey, Aurora, Colorado and Houston, Texas.\u003c/p>\n\u003cp>“Crowded detention facilities are ideal incubators for disease, threatening the health not just of the detained, but of surrounding communities,” said Sandro Galea, dean of the Boston University School of Public Health. “To safeguard public health, nonviolent detainees should be released and allowed to self-isolate.”\u003c/p>\n\u003cp>That proposal was echoed by John Sandweg, a former acting director of ICE who served under President Barack Obama.\u003c/p>\n\u003cp>“The design of these facilities requires inmates to remain in close contact with one another — the opposite of the social distancing now recommended for stopping the spread of the lethal coronavirus,” Sandweg wrote in a \u003ca href=\"https://www.theatlantic.com/ideas/archive/2020/03/release-ice-detainees/608536/\">column\u003c/a> in The Atlantic earlier this week.\u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"coronavirus\"]\u003c/p>\n\u003cp>“By releasing from custody the thousands of detainees who pose no threat to public safety and do not constitute an unmanageable flight risk, ICE can reduce the overcrowding of its detention centers, and thus make them safer,” he said.\u003c/p>\n\u003cp>Infectious diseases have surged through ICE detention centers in the past, including an outbreak of mumps last year that sickened more than 900 inmates and staff at 57 facilities, \u003ca href=\"https://www.businessinsider.com/mumps-sickens-hundreds-of-detained-migrants-in-19-states-2019-8\">according to the Associated Press\u003c/a>.\u003c/p>\n\u003cp>Detention Watch Network, an advocacy group for immigrants in ICE custody, called for the immediate release of all detained immigrants.\u003c/p>\n\u003cp>Fearing coronavirus infection, 13 detained immigrants in California \u003ca href=\"https://www.aclunc.org/sites/default/files/Demands_ICE_Release_Immigrants_2020.03.24.pdf\">filed suit\u003c/a> against ICE last week in federal district court in San Francisco. The detainees are held in Yuba County Jail, in Marysville, and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield operated by the GEO Group.\u003c/p>\n\u003cp>The plaintiffs called on ICE to release them because of their advanced age and underlying medical conditions — which they believe puts them at risk of death if they contract COVID-19. They said they are being held in crowded and unsanitary conditions where they are denied the ability to protect themselves.\u003c/p>\n\u003cp>One plaintiff, Sofia Bahena Ortuno, a 64-year-old farmworker and grandmother who said she suffers from hypothyroidism and diabetes, was released the same day the lawsuit was filed, according to her lawyers.\u003c/p>\n\u003cp>The lawsuit was filed by the American Civil Liberties Union, along with the Lawyers Committee for Civil Rights, the San Francisco Public Defender’s Office and Lakin & Wille, LLP. In recent days the ACLU has also brought suit on behalf of ICE detainees in Washington state, Massachusetts, Maryland and Pennsylvania.\u003c/p>\n\u003cp>ICE officials would not comment on the lawsuit or speak on the record about the fear among detainees and their advocates of COVID-19 outbreaks in detention. An ICE spokesman directed KQED to the \u003ca href=\"https://www.ice.gov/covid19\">agency's coronavirus webpage\u003c/a>.\u003c/p>\n\u003cp>The website states that “ICE epidemiologists have been tracking the outbreak, regularly updating infection prevention and control protocols, and issuing guidance to ICE Health Service Corps (IHSC) staff for the screening and management of potential exposure among detainees.”\u003c/p>\n\u003cp>ICE has suspended visits by friends and family members and “is actively working with state and local health partners to determine if any detainee requires additional testing or monitoring to combat the spread of the virus,” the website said.\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Sen. Dianne Feinstein\"]'Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically. The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.'[/pullquote]\u003c/p>\n\u003cp>Also on Thursday, lawyers representing children in immigration custody asked a federal judge in Los Angeles for an order requiring the government to release every child to a guardian within seven days or explain why it didn’t to a court-appointed monitor. The lawyers also asked the judge to require that children and families be held in “non-congregate” settings or else provide detained children and parents the ability to keep six feet of distance from others and to freely wash their hands with soap and water.\u003c/p>\n\u003cp>Meanwhile, Feinstein called on the U.S. Department of Justice and its Executive Office of Immigration Review (EOIR), to temporarily close the nation’s immigration courts for hearings.\u003c/p>\n\u003cp>“Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically,” wrote Feinstein. “The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.”\u003c/p>\n\u003cp>Her letter follows a similar call by the nation’s immigration judges, the ICE lawyers union and the American Immigration Lawyers Association.\u003c/p>\n\u003cp>Last week, the agency announced that it was suspending hearings through April 10 for people who are not in ICE detention. And on Monday, EOIR announced that hearings through April 23 would be postponed for asylum seekers forced to wait in Mexico under the U.S. government’s Migrant Protection Protocols.\u003c/p>\n\u003cp>On Thursday evening, the agency issued a statement saying EOIR’s current operations are in line with most other federal courts.\u003c/p>\n\u003cp>“Recognizing that cases of detained individuals may implicate unique constitutional concerns and raise particular issues of public safety, personal liberty, and due process, few federal courts have closed completely,” the statement said. “EOIR is similarly continuing to receive filings and to hold hearings for detained aliens while monitoring and minimizing risks presented by COVID-19.”\u003c/p>\n\u003cp>The agency said even though immigration courts are open, they are not conducting work that involves the presence of the general public. And EOIR is encouraging the use of video and telephone appearances at hearings and electronic filing or U.S. mail delivery of documents.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>On Thursday, 55 of the nation’s 69 immigration courts \u003ca href=\"https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic\">remained open\u003c/a> in this manner.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney Chesa Boudin called on Gov. Gavin Newsom Thursday to use his executive authority to shut down federal immigration detention centers in California to protect public health during the coronavirus pandemic.\u003c/p>\n\u003cp>The call came amid a growing outcry by medical experts, immigrant advocates and a former director of U.S. Immigration and Customs Enforcement (ICE) over the potential danger of COVID-19 in ICE detention facilities. And it followed a lawsuit filed by 13 medically vulnerable detained immigrants in California, calling on ICE to release them.\u003c/p>\n\u003cp>Also Thursday, U.S. Sen. Dianne Feinstein released a \u003ca href=\"https://www.feinstein.senate.gov/public/_cache/files/0/9/0979f829-5357-4445-bb38-b98f47830583/280AF56FBFEB41A5FBAD5C414F21993E.2020.03.25-doj-immigration-courts.pdf\">letter\u003c/a> she sent to Attorney General William Barr, calling for the U.S. Department of Justice to suspend all immigration court hearings during the pandemic.\u003c/p>\n\u003cp>Boudin said San Francisco has safely reduced its jail population by 25 percent over the past three weeks. And he said releasing some of the 38,000 people currently detained by ICE nationwide should be easier because immigration custody is a form of civil, not criminal, detention.\u003c/p>\n\u003cp>“When someone dies in immigration detention, their blood will be on our hands,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Boudin said he believes Newsom could use an executive order to ban the use of private detention centers. Four ICE facilities in California are operated by private prison companies.\u003c/p>\n\u003cp>He also called on the governor to order state prisons to stop handing over inmates to ICE, adding that California prisons hold approximately 11,000 people who, under current policy, will be handed over to ICE after they have served their criminal sentences.\u003c/p>\n\u003cp>“That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic,” said Boudin.\u003c/p>\n\u003cp>Newsom’s press secretary Vicky Waters would not comment on whether the governor would consider such steps, but she said in a statement: “The federal government has exclusive authority over immigration law, but as we continue to grapple with the COVID-19 outbreak, we want everyone in the state to know that their health and welfare is our top priority.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Meanwhile, advocates in California and across the country voiced concern that an outbreak of COVID-19 inside any of the nation’s 138 ICE detention facilities could affect not just the immigrants and staff inside, but also the families and communities that ICE employees return to at the end of their shifts, and the hospitals where patients from ICE facilities would be taken for care.\u003c/p>\n\u003cp>As of Thursday evening, ICE \u003ca href=\"https://www.ice.gov/covid19\">reported\u003c/a> two confirmed cases of COVID-19 among people held in detention in Newark and Hackensack, New Jersey. Three employees at ICE detention facilities also had confirmed cases — in Elizabeth, New Jersey, Aurora, Colorado and Houston, Texas.\u003c/p>\n\u003cp>“Crowded detention facilities are ideal incubators for disease, threatening the health not just of the detained, but of surrounding communities,” said Sandro Galea, dean of the Boston University School of Public Health. “To safeguard public health, nonviolent detainees should be released and allowed to self-isolate.”\u003c/p>\n\u003cp>That proposal was echoed by John Sandweg, a former acting director of ICE who served under President Barack Obama.\u003c/p>\n\u003cp>“The design of these facilities requires inmates to remain in close contact with one another — the opposite of the social distancing now recommended for stopping the spread of the lethal coronavirus,” Sandweg wrote in a \u003ca href=\"https://www.theatlantic.com/ideas/archive/2020/03/release-ice-detainees/608536/\">column\u003c/a> in The Atlantic earlier this week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“By releasing from custody the thousands of detainees who pose no threat to public safety and do not constitute an unmanageable flight risk, ICE can reduce the overcrowding of its detention centers, and thus make them safer,” he said.\u003c/p>\n\u003cp>Infectious diseases have surged through ICE detention centers in the past, including an outbreak of mumps last year that sickened more than 900 inmates and staff at 57 facilities, \u003ca href=\"https://www.businessinsider.com/mumps-sickens-hundreds-of-detained-migrants-in-19-states-2019-8\">according to the Associated Press\u003c/a>.\u003c/p>\n\u003cp>Detention Watch Network, an advocacy group for immigrants in ICE custody, called for the immediate release of all detained immigrants.\u003c/p>\n\u003cp>Fearing coronavirus infection, 13 detained immigrants in California \u003ca href=\"https://www.aclunc.org/sites/default/files/Demands_ICE_Release_Immigrants_2020.03.24.pdf\">filed suit\u003c/a> against ICE last week in federal district court in San Francisco. The detainees are held in Yuba County Jail, in Marysville, and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield operated by the GEO Group.\u003c/p>\n\u003cp>The plaintiffs called on ICE to release them because of their advanced age and underlying medical conditions — which they believe puts them at risk of death if they contract COVID-19. They said they are being held in crowded and unsanitary conditions where they are denied the ability to protect themselves.\u003c/p>\n\u003cp>One plaintiff, Sofia Bahena Ortuno, a 64-year-old farmworker and grandmother who said she suffers from hypothyroidism and diabetes, was released the same day the lawsuit was filed, according to her lawyers.\u003c/p>\n\u003cp>The lawsuit was filed by the American Civil Liberties Union, along with the Lawyers Committee for Civil Rights, the San Francisco Public Defender’s Office and Lakin & Wille, LLP. In recent days the ACLU has also brought suit on behalf of ICE detainees in Washington state, Massachusetts, Maryland and Pennsylvania.\u003c/p>\n\u003cp>ICE officials would not comment on the lawsuit or speak on the record about the fear among detainees and their advocates of COVID-19 outbreaks in detention. An ICE spokesman directed KQED to the \u003ca href=\"https://www.ice.gov/covid19\">agency's coronavirus webpage\u003c/a>.\u003c/p>\n\u003cp>The website states that “ICE epidemiologists have been tracking the outbreak, regularly updating infection prevention and control protocols, and issuing guidance to ICE Health Service Corps (IHSC) staff for the screening and management of potential exposure among detainees.”\u003c/p>\n\u003cp>ICE has suspended visits by friends and family members and “is actively working with state and local health partners to determine if any detainee requires additional testing or monitoring to combat the spread of the virus,” the website said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically. The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Also on Thursday, lawyers representing children in immigration custody asked a federal judge in Los Angeles for an order requiring the government to release every child to a guardian within seven days or explain why it didn’t to a court-appointed monitor. The lawyers also asked the judge to require that children and families be held in “non-congregate” settings or else provide detained children and parents the ability to keep six feet of distance from others and to freely wash their hands with soap and water.\u003c/p>\n\u003cp>Meanwhile, Feinstein called on the U.S. Department of Justice and its Executive Office of Immigration Review (EOIR), to temporarily close the nation’s immigration courts for hearings.\u003c/p>\n\u003cp>“Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically,” wrote Feinstein. “The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.”\u003c/p>\n\u003cp>Her letter follows a similar call by the nation’s immigration judges, the ICE lawyers union and the American Immigration Lawyers Association.\u003c/p>\n\u003cp>Last week, the agency announced that it was suspending hearings through April 10 for people who are not in ICE detention. And on Monday, EOIR announced that hearings through April 23 would be postponed for asylum seekers forced to wait in Mexico under the U.S. government’s Migrant Protection Protocols.\u003c/p>\n\u003cp>On Thursday evening, the agency issued a statement saying EOIR’s current operations are in line with most other federal courts.\u003c/p>\n\u003cp>“Recognizing that cases of detained individuals may implicate unique constitutional concerns and raise particular issues of public safety, personal liberty, and due process, few federal courts have closed completely,” the statement said. “EOIR is similarly continuing to receive filings and to hold hearings for detained aliens while monitoring and minimizing risks presented by COVID-19.”\u003c/p>\n\u003cp>The agency said even though immigration courts are open, they are not conducting work that involves the presence of the general public. And EOIR is encouraging the use of video and telephone appearances at hearings and electronic filing or U.S. mail delivery of documents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On Thursday, 55 of the nation’s 69 immigration courts \u003ca href=\"https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic\">remained open\u003c/a> in this manner.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "zero-tolerance-an-ongoing-history-of-family-separations-at-the-u-s-mexico-border",
"title": "Zero Tolerance: An Ongoing History of Family Separations at the US-Mexico Border",
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"headTitle": "Zero Tolerance: An Ongoing History of Family Separations at the US-Mexico Border | KQED",
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"content": "\u003cp>Immigration enforcement has been one of President Trump’s central issues. Immediately after taking office three years ago, his administration announced a series of policies designed to limit both legal and illegal immigration, and restrict access to asylum in the United States. Among the most controversial is the practice of migrant family separation, in which border agents have forcibly taken thousands of children away from their parents at the U.S.-Mexico border, ostensibly to facilitate the prosecution of adults for crossing the border without authorization.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"2018 statement from U.N. human rights experts\"]‘We are deeply concerned at the long-term impact and trauma, including irreparable harm that these forcible separations will have on the children.’[/pullquote]\u003c/p>\n\u003cp>The practice was widely condemned by human rights activists and community leaders in the U.S. and abroad. “Detention of children is punitive, severely hampers their development, and in some cases may amount to torture,” \u003ca href=\"https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23245&LangID=E\" target=\"_blank\" rel=\"noopener noreferrer\">United Nations human rights experts\u003c/a> said in a 2018 statement. “We are deeply concerned at the long-term impact and trauma, including irreparable harm that these forcible separations will have on the children.”\u003c/p>\n\u003cp>In June 2018, a federal judge in San Diego ordered a stop to the practice and mandated that the government reunite the separated families.\u003c/p>\n\u003cp>Since then, under the judge’s orders, federal officials have been working to identify all of the separated parents and children. And the advocates who sued to halt the family separations have used that information to locate parents, many of whom were deported to Central America, and to make arrangements to reconnect them with their children.\u003c/p>\n\u003cp>The family separation story is now seldom in the headlines, but many children still have not been reunited with their parents, and new families continue to be separated at the border, albeit in smaller numbers. A recent inspector general’s \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2019-11/OIG-20-06-Nov19.pdf\">report\u003c/a> from the U.S. Department of Health and Human Services (HHS), the agency responsible for unaccompanied migrant children, suggests that it may be impossible to ever know the complete number of families who have been affected.\u003c/p>\n\u003cp>As the president enters his fourth year in office, KQED looks back at some key moments in the saga of this contentious government initiative and the many legal challenges to stop it.\u003c/p>\n\u003ch3>April 11, 2017: The First Enforcement Memo\u003c/h3>\n\u003cfigure id=\"attachment_11798889\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1126810041.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798889\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1126810041.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A U.S. Border Patrol agent speaks with Central American migrants at the U.S.-Mexico border fence on Feb. 1, 2019, in El Paso, Texas. The migrants were taken into custody, seeking political asylum in the United States. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When Trump took office in 2017, the rate of illegal immigration into the U.S. was at one of its lowest points in the past three decades. However, the number of families with children arriving at the U.S. —Mexico border in search of asylum was rapidly increasing — particularly Central Americans fleeing violent conditions back home.\u003c/p>\n\u003cp>In an effort to halt the flow of those families, then-Attorney General Jeff Sessions in April 2017 issued a \u003ca href=\"https://www.justice.gov/opa/press-release/file/956841/download\">memorandum\u003c/a> asking federal prosecutors to prioritize the prosecution of certain immigration offenses, including “improper entry by an alien” to the United States.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.gao.gov/reports/GAO-19-163/#TOC_Letter_Findings\" target=\"_blank\" rel=\"noopener noreferrer\">federal report\u003c/a> later identified that memo, along with a separate enforcement initiative, as the directive that led the U.S. Department of Homeland Security to separate an increasing number of children from their parents along the El Paso, Texas, section of the border starting in July.\u003c/p>\n\u003cp>Some government officials \u003ca href=\"https://www.nbcnews.com/storyline/immigration-border-crisis/trump-admin-ran-pilot-program-separating-migrant-families-2017-n887616\">have characterized\u003c/a> what happened in \u003ca href=\"https://oig.hhs.gov/oei/reports/oei-BL-18-00511.pdf\">El Paso\u003c/a> as a kind of “pilot program” for the vast increase in family separations that would soon follow.\u003c/p>\n\u003ch3>Feb. 26, 2018: The Family Separation Lawsuit\u003c/h3>\n\u003cfigure id=\"attachment_11798862\" class=\"wp-caption alignnone\" style=\"max-width: 1160px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/aclu-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11798862 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/aclu-1.jpg\" alt=\"\" width=\"1160\" height=\"864\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1.jpg 1160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1-160x119.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1-800x596.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1-1020x760.jpg 1020w\" sizes=\"auto, (max-width: 1160px) 100vw, 1160px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ms. L., a Congolese mother escaping persecution in her homeland, was separated from her daughter after trying to seek refuge in the United States. \u003ccite>(Hope Hall/Courtesy of ACLU)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The American Civil Liberties Union filed a lawsuit against the federal government — \u003cem>\u003ca href=\"https://www.aclu.org/legal-document/ms-l-v-ice-complaint\" target=\"_blank\" rel=\"noopener noreferrer\">Ms. L. v. ICE\u003c/a> —\u003c/em> on behalf of a Congolese mother who said she and her daughter had fled their home, “fearing certain death,” and were separated at the San Ysidro Port of Entry in San Diego. One month later, Ms. L.’s case became a class-action lawsuit representing all parents whose children were taken away from them at the border.\u003c/p>\n\u003ch3>April 6, 2018: ‘Zero Tolerance’ Policy\u003c/h3>\n\u003cfigure id=\"attachment_11798864\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-955742134-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798864\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-955742134-1.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Then-Attorney General Jeff Sessions addresses the media during a press conference at Border Field State Park on May 7, 2018 in San Ysidro, California. Sessions was on a visit to the border along with ICE Deputy Director Thomas D. Homan to discuss the immigration enforcement actions of the Trump administration. \u003ccite>(Sandy Huffaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Attorney General Sessions released another \u003ca href=\"https://www.justice.gov/opa/press-release/file/1049751/download\" target=\"_blank\" rel=\"noopener noreferrer\">memo \u003c/a>establishing the Trump administration’s so-called “zero tolerance” policy, with the goal of criminally prosecuting all adults entering the country without authorization.\u003c/p>\n\u003cp>“If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you, probably,” Sessions said at a May 2018 \u003ca href=\"https://www.youtube.com/watch?v=o0OvFlS9rQ0\">law enforcement conference\u003c/a> in Arizona. “If you don’t want your child to be separated, then don’t bring them across the border illegally.”[pullquote size='medium' align='right' citation=\"Then-U.S. Attorney General Jeff Sessions in May 2018\"]‘If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you, probably’[/pullquote]\u003c/p>\n\u003cp>That hard-line policy gave immigration enforcement officials the green light to place thousands of undocumented parents in federal jails. And because minors aren’t allowed to be jailed with adults, their children were treated as “unaccompanied minors.” Children and infants were turned over to the Office of Refugee Resettlement, part of the HHS, which housed most of them in shelters or with foster families.\u003c/p>\n\u003cp>The outcry against the policy was swift. Lawmakers, \u003ca href=\"https://www.kqed.org/news/11680446/faith-leaders-weigh-how-to-address-immigration-with-their-congregations\" target=\"_blank\" rel=\"noopener noreferrer\">religious leaders\u003c/a> and medical professionals condemned it, while \u003ca href=\"https://www.kqed.org/news/11678957/from-texas-to-california-older-women-take-to-streets-to-protest-u-s-immigration-policies\" target=\"_blank\" rel=\"noopener noreferrer\">citizen activists\u003c/a> took to the \u003ca href=\"https://www.kqed.org/news/11678414/photos-bay-area-cities-join-nationwide-families-belong-together-marches\" target=\"_blank\" rel=\"noopener noreferrer\">streets\u003c/a> in protest. And at least 10 states, including California, \u003ca href=\"https://www.kqed.org/news/11676317/california-nine-other-states-say-theyll-sue-trump-over-family-separations\" target=\"_blank\" rel=\"noopener noreferrer\">threatened legal action\u003c/a>.\u003c/p>\n\u003cp>In May 2018, the American Academy of Pediatrics \u003ca href=\"https://www.aap.org/en-us/about-the-aap/aap-press-room/Pages/StatementOpposingSeparationofChildrenandParents.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">issued a statement\u003c/a> forcefully opposing the practice. “Separating children from their parents contradicts everything we stand for as pediatricians — protecting and promoting children’s health,” wrote Colleen Kraft, the academy’s president at the time. “In fact, highly stressful experiences, like family separation, can cause irreparable harm, disrupting a child’s brain architecture and affecting his or her short- and long-term health.”\u003c/p>\n\u003ch3>June 20, 2018: Trump’s Executive Order\u003c/h3>\n\u003cfigure id=\"attachment_11798877\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-982247184-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798877\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-982247184-1.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters rally near a federal building in San Diego on June 23, 2018, demanding the reunification of thousands of children who were separated from their immigrant parents by border officials under the Trump administration’s controversial zero tolerance policy. \u003ccite>(David McNew/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In response to the overwhelming backlash, President Trump \u003ca href=\"https://www.whitehouse.gov/presidential-actions/affording-congress-opportunity-address-family-separation/\">signed an executive order\u003c/a> on June 20, 2018, affirming that the government planned to continue prosecuting people for “improper entry,” but added that, “It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.”\u003c/p>\n\u003ch3>June 26, 2018: Judge Orders Stop to Separations\u003c/h3>\n\u003cfigure id=\"attachment_11798871\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-975078458.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798871\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-975078458.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A boy and father from Honduras are taken into custody by U.S. Border Patrol agents near the U.S.-Mexico Border near Mission, Texas, on June 12, 2018. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Less than a week later, U.S. District Court Judge Dana Sabraw, based in San Diego and presiding over the \u003cem>Ms. L. v. ICE\u003c/em> case, ordered the government to stop the separations and swiftly reunify families.\u003c/p>\n\u003cp>[aside postID=\"news_11677196\" label=\"Filomena's Story\"]“The facts set forth before the Court portray reactive governance — responses to address a chaotic circumstance of the Government’s own making,” Sabraw wrote in his decision.\u003c/p>\n\u003cp>Under Sabraw’s supervision, federal officials began working to identify all the separated children in government custody at the time of the judge’s order. It took months, but eventually they tallied 2,815 children.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11798996\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776.png\" alt=\"\" width=\"800\" height=\"420\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776-160x84.png 160w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>With the judge’s blessing, the ACLU formed a committee to track down the parents and find out how they wanted to proceed. Hundreds of parents had given up their asylum claims with the promise of having their children returned, only to be deported without them. Some of these parents decided their kids should stay in the U.S. with a relative to continue seeking asylum on their own. Others asked for their children to be returned to them in their home country. And a smaller number sought permission to return to the U.S. and resume their own petitions for protection.\u003c/p>\n\u003ch3>March 8, 2019: Judge Orders Search for More Separated Families\u003c/h3>\n\u003cfigure id=\"attachment_11798988\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1153241615.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798988\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1153241615.jpg\" alt=\"\" width=\"1024\" height=\"668\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615-800x522.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615-1020x665.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A young child is processed by border patrol agents after crossing into the United States from Mexico on June 02, 2019, in Sunland Park, New Mexico. \u003ccite>(Joe Raedle/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In early 2019, the inspector general for HHS released a \u003ca href=\"https://oig.hhs.gov/oei/reports/oei-BL-18-00511.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">review\u003c/a> of the agency’s internal data on separated children. The report found that staff members had identified many more children who had been taken from their parents but were no longer in the agency’s custody and so were not covered by “the accounting required by the court.” The report concluded that thousands of additional families had potentially been separated without an order to reunite them.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"U.S. District Court Judge Dana Sabraw\"]‘They were not reunited with their children despite the absence of any finding they were unfit parents or presented a danger to their children.’[/pullquote]\u003c/p>\n\u003cp>As a result, Sabraw \u003ca href=\"https://www.kqed.org/news/11731845/judge-immigration-must-identify-thousands-more-migrant-kids-separated-from-parents\" target=\"_blank\" rel=\"noopener noreferrer\">in March 2019 expanded the class\u003c/a> of parents covered by the \u003cem>Ms. L.\u003c/em> lawsuit to include those who were separated between July 1, 2017 — when separations reportedly began in El Paso — and June 25, 2018, the day before his original injunction.\u003c/p>\n\u003cp>“Like the current class members, they too were separated from their children,” Sabraw wrote in the decision. “They were not reunited with their children despite the absence of any finding they were unfit parents or presented a danger to their children.”\u003c/p>\n\u003cp>This group of families was particularly difficult to identify because the children were no longer in the custody of the Refugee Resettlement Office, and Homeland Security officials had not told the agency that those children had been taken from their parents.\u003c/p>\n\u003cp>After months of investigating, government officials delivered their findings to the court on Oct. 25, 2019 — 1,556 additional children had been separated.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-family-separations-e1580370503471.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11798997\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-family-separations-e1580370503471.png\" alt=\"\" width=\"800\" height=\"470\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-family-separations-e1580370503471.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-family-separations-e1580370503471-160x94.png 160w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>The ACLU’s steering committee set out to locate those parents and has since \u003ca href=\"https://www.kqed.org/news/11785409/new-search-begins-for-deported-parents-of-separated-migrant-children\" target=\"_blank\" rel=\"noopener noreferrer\">engaged community groups in Central America\u003c/a> to assist. Some participants in the effort have described spending 12 hours walking around remote villages in search of a single parent. The effort is still being conducted.\u003c/p>\n\u003ch3>July 30, 2019: ACLU Condemns Ongoing Separations\u003c/h3>\n\u003cfigure id=\"attachment_11798875\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-980530210.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798875\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-980530210.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Honduran child plays at the Catholic Charities Humanitarian Respite Center in McAllen, Texas, on June 21, 2018, after recently crossing the U.S.-Mexico border with his father. \u003ccite>(Spencer Platt/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In Sabraw’s original injunction barring the separation of families at the border, he included an exemption for cases where authorities had deemed the parent unfit or a danger to the child.[pullquote size='medium' align='right' citation=\"ACLU lawyer Lee Gelernt\"]‘It is beyond shocking that the Trump administration continues to take babies from their parents. The administration cannot simply ignore the nationwide injunction over minor infractions.’[/pullquote]\u003c/p>\n\u003cp>Homeland Security officials have said they only rarely take such a step and only for the safety of children. But ACLU lawyers said the government had reported hundreds of ongoing separations after Sabraw halted the practice, including for minor criminal infractions, like petty theft or traffic violations.\u003c/p>\n\u003cp>In July, the ACLU asked the judge to \u003ca href=\"https://www.courtlistener.com/recap/gov.uscourts.casd.564097/gov.uscourts.casd.564097.439.0_3.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">clarify the standard\u003c/a> for when the government is allowed to separate families in order “to ensure that children are not taken away from their parents absent an objective reason to believe that the parent is unfit or a danger to their child.”\u003c/p>\n\u003cp>According to the ACLU, government numbers show that, as of Dec. 21, 2019, 1,142 children had been separated due to this exception, bringing the total of all separated families to at least 5,513, with the government reporting a handful of additional separations each month.\u003c/p>\n\u003cp>“It is beyond shocking that the Trump administration continues to take babies from their parents,” ACLU lawyer Lee Gelernt said. “The administration cannot simply ignore the nationwide injunction over minor infractions.”\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/family-separations-2-e1580371295398.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11799002\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/family-separations-2-e1580371295398.png\" alt=\"\" width=\"800\" height=\"470\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/family-separations-2-e1580371295398.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/family-separations-2-e1580371295398-160x94.png 160w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003ch3>\u003cstrong>Jan. 13, 2020: Judge Approves Most Ongoing Family Separations\u003c/strong>\u003c/h3>\n\u003cfigure id=\"attachment_11798873\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-977061392.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798873\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-977061392.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Honduran mother holds her 2-year-old daughter while being detained by U.S. Border Patrol agents in McAllen, Texas, near the U.S.-Mexico border. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In January, Sabraw responded to the ACLU’s request for clarification as to when family separations at the border are acceptable.\u003c/p>\n\u003cp>In the \u003ca href=\"https://ecf.casd.uscourts.gov/doc1/037115434524\" target=\"_blank\" rel=\"noopener noreferrer\">ruling\u003c/a>, he largely sided with the federal government, writing that child welfare standards are not the only consideration (as the ACLU had argued) — national security concerns are also a factor. “In this context, the government interests go well beyond just the fitness and danger that a parent may present to his or her own child,” Sabraw wrote. “Rather, the government interests extend to securing the Nation’s borders and enforcing the Nation’s criminal and immigration laws.”\u003c/p>\n\u003cp>[aside postID=\"news_11711704\" label=\"Yvette's Story\"]He added that the government is entitled to separate children from their parents “based on any criminal history, not just criminal history that bears on a parent’s fitness or danger.”\u003c/p>\n\u003cp>Sabraw also asserted that the court should not “engage in prospective oversight” of family separation decisions, because the executive branch of government has the right to control security at the border. He also pointed out that separations at the border have declined dramatically.\u003c/p>\n\u003ch3>\u003cstrong>Looking Ahead\u003c/strong>\u003c/h3>\n\u003cfigure id=\"attachment_11798987\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1004299906.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798987\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1004299906.jpg\" alt=\"\" width=\"1024\" height=\"691\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906-160x108.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906-800x540.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906-1020x688.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Seven-year-old Andy is reunited with his mother, Arely, at Baltimore-Washington International Airport on July 23, 2018. Originally from El Salvador, the mother and son were separated upon entering the United States on June 13. Arely was detained at the Port Isabel Detention Center in Texas while Andy was detained in New York. \u003ccite>(Win McNamee/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In late 2019, HHS’ inspector general issued a \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2019-11/OIG-20-06-Nov19.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">new report\u003c/a> about family separations that was made public in January. It stated that when the government began its zero tolerance policy of prosecuting all adult border crossers, including parents, Homeland Security officials lacked the technology to keep track of the thousands of parents and children they separated.\u003c/p>\n\u003cp>As of January 2020, hundreds — and possibly thousands — of families are still not reunited.\u003c/p>\n\u003cp>Out of the first group of 2,815 children identified, 18 separated children are still in the custody of the Office of Refugee Resettlement — more than a year and a half after Sabraw ordered them returned to their parents.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"U.S. District Court Judge Dana Sabraw\"]‘The unfortunate reality will be that we will never be able to accurately identify the number of children’[/pullquote]\u003c/p>\n\u003cp>And the the 1,556 additional families who the government determined had been separated under the zero tolerance policy as far back as July 2017, are still in the early stages. The ACLU’s steering committee has so far made contact with just 364 of those parents — by phone or by tracking them down in person on the ground in Central America. But advocates say those parents are so traumatized from losing their children that it’s hard to build enough trust to begin reuniting them.\u003c/p>\n\u003cp>“It can be a real struggle to ensure that the families believe that there can still be a path forward where reunification is even an option,” said Nan Schivone, legal director for the advocacy group Justice in Motion, and a member of the steering committee. “Our defenders are reporting that many deported parents are stuck in an emotional limbo, and it’s kind of hard for them to even process that they’ve been contacted and found.”\u003c/p>\n\u003cp>Then there are the 1,142 or more children taken from their parents after the judge halted family separations. So far, neither the government nor the ACLU has estimated how many of them have been returned to their parents.\u003c/p>\n\u003cp>In a recent legal filing, government officials expressed confidence that they’ve identified “substantially all the possible children” separated at the border. But during a December settlement conference, Sabraw voiced concern. “The unfortunate reality,” he said, “will be that we will never be able to accurately identify the number of children.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "In 2017, the Trump administration introduced its 'zero tolerance' policy to separate migrant parents seeking asylum from their children, part of an effort to deter the number of immigrants trying to enter the United States. ",
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"title": "Zero Tolerance: An Ongoing History of Family Separations at the US-Mexico Border | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigration enforcement has been one of President Trump’s central issues. Immediately after taking office three years ago, his administration announced a series of policies designed to limit both legal and illegal immigration, and restrict access to asylum in the United States. Among the most controversial is the practice of migrant family separation, in which border agents have forcibly taken thousands of children away from their parents at the U.S.-Mexico border, ostensibly to facilitate the prosecution of adults for crossing the border without authorization.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We are deeply concerned at the long-term impact and trauma, including irreparable harm that these forcible separations will have on the children.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The practice was widely condemned by human rights activists and community leaders in the U.S. and abroad. “Detention of children is punitive, severely hampers their development, and in some cases may amount to torture,” \u003ca href=\"https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23245&LangID=E\" target=\"_blank\" rel=\"noopener noreferrer\">United Nations human rights experts\u003c/a> said in a 2018 statement. “We are deeply concerned at the long-term impact and trauma, including irreparable harm that these forcible separations will have on the children.”\u003c/p>\n\u003cp>In June 2018, a federal judge in San Diego ordered a stop to the practice and mandated that the government reunite the separated families.\u003c/p>\n\u003cp>Since then, under the judge’s orders, federal officials have been working to identify all of the separated parents and children. And the advocates who sued to halt the family separations have used that information to locate parents, many of whom were deported to Central America, and to make arrangements to reconnect them with their children.\u003c/p>\n\u003cp>The family separation story is now seldom in the headlines, but many children still have not been reunited with their parents, and new families continue to be separated at the border, albeit in smaller numbers. A recent inspector general’s \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2019-11/OIG-20-06-Nov19.pdf\">report\u003c/a> from the U.S. Department of Health and Human Services (HHS), the agency responsible for unaccompanied migrant children, suggests that it may be impossible to ever know the complete number of families who have been affected.\u003c/p>\n\u003cp>As the president enters his fourth year in office, KQED looks back at some key moments in the saga of this contentious government initiative and the many legal challenges to stop it.\u003c/p>\n\u003ch3>April 11, 2017: The First Enforcement Memo\u003c/h3>\n\u003cfigure id=\"attachment_11798889\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1126810041.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798889\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1126810041.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1126810041-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A U.S. Border Patrol agent speaks with Central American migrants at the U.S.-Mexico border fence on Feb. 1, 2019, in El Paso, Texas. The migrants were taken into custody, seeking political asylum in the United States. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When Trump took office in 2017, the rate of illegal immigration into the U.S. was at one of its lowest points in the past three decades. However, the number of families with children arriving at the U.S. —Mexico border in search of asylum was rapidly increasing — particularly Central Americans fleeing violent conditions back home.\u003c/p>\n\u003cp>In an effort to halt the flow of those families, then-Attorney General Jeff Sessions in April 2017 issued a \u003ca href=\"https://www.justice.gov/opa/press-release/file/956841/download\">memorandum\u003c/a> asking federal prosecutors to prioritize the prosecution of certain immigration offenses, including “improper entry by an alien” to the United States.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.gao.gov/reports/GAO-19-163/#TOC_Letter_Findings\" target=\"_blank\" rel=\"noopener noreferrer\">federal report\u003c/a> later identified that memo, along with a separate enforcement initiative, as the directive that led the U.S. Department of Homeland Security to separate an increasing number of children from their parents along the El Paso, Texas, section of the border starting in July.\u003c/p>\n\u003cp>Some government officials \u003ca href=\"https://www.nbcnews.com/storyline/immigration-border-crisis/trump-admin-ran-pilot-program-separating-migrant-families-2017-n887616\">have characterized\u003c/a> what happened in \u003ca href=\"https://oig.hhs.gov/oei/reports/oei-BL-18-00511.pdf\">El Paso\u003c/a> as a kind of “pilot program” for the vast increase in family separations that would soon follow.\u003c/p>\n\u003ch3>Feb. 26, 2018: The Family Separation Lawsuit\u003c/h3>\n\u003cfigure id=\"attachment_11798862\" class=\"wp-caption alignnone\" style=\"max-width: 1160px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/aclu-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11798862 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/aclu-1.jpg\" alt=\"\" width=\"1160\" height=\"864\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1.jpg 1160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1-160x119.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1-800x596.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/aclu-1-1020x760.jpg 1020w\" sizes=\"auto, (max-width: 1160px) 100vw, 1160px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ms. L., a Congolese mother escaping persecution in her homeland, was separated from her daughter after trying to seek refuge in the United States. \u003ccite>(Hope Hall/Courtesy of ACLU)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The American Civil Liberties Union filed a lawsuit against the federal government — \u003cem>\u003ca href=\"https://www.aclu.org/legal-document/ms-l-v-ice-complaint\" target=\"_blank\" rel=\"noopener noreferrer\">Ms. L. v. ICE\u003c/a> —\u003c/em> on behalf of a Congolese mother who said she and her daughter had fled their home, “fearing certain death,” and were separated at the San Ysidro Port of Entry in San Diego. One month later, Ms. L.’s case became a class-action lawsuit representing all parents whose children were taken away from them at the border.\u003c/p>\n\u003ch3>April 6, 2018: ‘Zero Tolerance’ Policy\u003c/h3>\n\u003cfigure id=\"attachment_11798864\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-955742134-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798864\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-955742134-1.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-955742134-1-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Then-Attorney General Jeff Sessions addresses the media during a press conference at Border Field State Park on May 7, 2018 in San Ysidro, California. Sessions was on a visit to the border along with ICE Deputy Director Thomas D. Homan to discuss the immigration enforcement actions of the Trump administration. \u003ccite>(Sandy Huffaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Attorney General Sessions released another \u003ca href=\"https://www.justice.gov/opa/press-release/file/1049751/download\" target=\"_blank\" rel=\"noopener noreferrer\">memo \u003c/a>establishing the Trump administration’s so-called “zero tolerance” policy, with the goal of criminally prosecuting all adults entering the country without authorization.\u003c/p>\n\u003cp>“If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you, probably,” Sessions said at a May 2018 \u003ca href=\"https://www.youtube.com/watch?v=o0OvFlS9rQ0\">law enforcement conference\u003c/a> in Arizona. “If you don’t want your child to be separated, then don’t bring them across the border illegally.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That hard-line policy gave immigration enforcement officials the green light to place thousands of undocumented parents in federal jails. And because minors aren’t allowed to be jailed with adults, their children were treated as “unaccompanied minors.” Children and infants were turned over to the Office of Refugee Resettlement, part of the HHS, which housed most of them in shelters or with foster families.\u003c/p>\n\u003cp>The outcry against the policy was swift. Lawmakers, \u003ca href=\"https://www.kqed.org/news/11680446/faith-leaders-weigh-how-to-address-immigration-with-their-congregations\" target=\"_blank\" rel=\"noopener noreferrer\">religious leaders\u003c/a> and medical professionals condemned it, while \u003ca href=\"https://www.kqed.org/news/11678957/from-texas-to-california-older-women-take-to-streets-to-protest-u-s-immigration-policies\" target=\"_blank\" rel=\"noopener noreferrer\">citizen activists\u003c/a> took to the \u003ca href=\"https://www.kqed.org/news/11678414/photos-bay-area-cities-join-nationwide-families-belong-together-marches\" target=\"_blank\" rel=\"noopener noreferrer\">streets\u003c/a> in protest. And at least 10 states, including California, \u003ca href=\"https://www.kqed.org/news/11676317/california-nine-other-states-say-theyll-sue-trump-over-family-separations\" target=\"_blank\" rel=\"noopener noreferrer\">threatened legal action\u003c/a>.\u003c/p>\n\u003cp>In May 2018, the American Academy of Pediatrics \u003ca href=\"https://www.aap.org/en-us/about-the-aap/aap-press-room/Pages/StatementOpposingSeparationofChildrenandParents.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">issued a statement\u003c/a> forcefully opposing the practice. “Separating children from their parents contradicts everything we stand for as pediatricians — protecting and promoting children’s health,” wrote Colleen Kraft, the academy’s president at the time. “In fact, highly stressful experiences, like family separation, can cause irreparable harm, disrupting a child’s brain architecture and affecting his or her short- and long-term health.”\u003c/p>\n\u003ch3>June 20, 2018: Trump’s Executive Order\u003c/h3>\n\u003cfigure id=\"attachment_11798877\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-982247184-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798877\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-982247184-1.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-982247184-1-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters rally near a federal building in San Diego on June 23, 2018, demanding the reunification of thousands of children who were separated from their immigrant parents by border officials under the Trump administration’s controversial zero tolerance policy. \u003ccite>(David McNew/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In response to the overwhelming backlash, President Trump \u003ca href=\"https://www.whitehouse.gov/presidential-actions/affording-congress-opportunity-address-family-separation/\">signed an executive order\u003c/a> on June 20, 2018, affirming that the government planned to continue prosecuting people for “improper entry,” but added that, “It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.”\u003c/p>\n\u003ch3>June 26, 2018: Judge Orders Stop to Separations\u003c/h3>\n\u003cfigure id=\"attachment_11798871\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-975078458.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798871\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-975078458.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-975078458-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A boy and father from Honduras are taken into custody by U.S. Border Patrol agents near the U.S.-Mexico Border near Mission, Texas, on June 12, 2018. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Less than a week later, U.S. District Court Judge Dana Sabraw, based in San Diego and presiding over the \u003cem>Ms. L. v. ICE\u003c/em> case, ordered the government to stop the separations and swiftly reunify families.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The facts set forth before the Court portray reactive governance — responses to address a chaotic circumstance of the Government’s own making,” Sabraw wrote in his decision.\u003c/p>\n\u003cp>Under Sabraw’s supervision, federal officials began working to identify all the separated children in government custody at the time of the judge’s order. It took months, but eventually they tallied 2,815 children.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11798996\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776.png\" alt=\"\" width=\"800\" height=\"420\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-copy-family-separations-e1580370383776-160x84.png 160w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>With the judge’s blessing, the ACLU formed a committee to track down the parents and find out how they wanted to proceed. Hundreds of parents had given up their asylum claims with the promise of having their children returned, only to be deported without them. Some of these parents decided their kids should stay in the U.S. with a relative to continue seeking asylum on their own. Others asked for their children to be returned to them in their home country. And a smaller number sought permission to return to the U.S. and resume their own petitions for protection.\u003c/p>\n\u003ch3>March 8, 2019: Judge Orders Search for More Separated Families\u003c/h3>\n\u003cfigure id=\"attachment_11798988\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1153241615.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798988\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1153241615.jpg\" alt=\"\" width=\"1024\" height=\"668\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615-800x522.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1153241615-1020x665.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A young child is processed by border patrol agents after crossing into the United States from Mexico on June 02, 2019, in Sunland Park, New Mexico. \u003ccite>(Joe Raedle/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In early 2019, the inspector general for HHS released a \u003ca href=\"https://oig.hhs.gov/oei/reports/oei-BL-18-00511.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">review\u003c/a> of the agency’s internal data on separated children. The report found that staff members had identified many more children who had been taken from their parents but were no longer in the agency’s custody and so were not covered by “the accounting required by the court.” The report concluded that thousands of additional families had potentially been separated without an order to reunite them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘They were not reunited with their children despite the absence of any finding they were unfit parents or presented a danger to their children.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As a result, Sabraw \u003ca href=\"https://www.kqed.org/news/11731845/judge-immigration-must-identify-thousands-more-migrant-kids-separated-from-parents\" target=\"_blank\" rel=\"noopener noreferrer\">in March 2019 expanded the class\u003c/a> of parents covered by the \u003cem>Ms. L.\u003c/em> lawsuit to include those who were separated between July 1, 2017 — when separations reportedly began in El Paso — and June 25, 2018, the day before his original injunction.\u003c/p>\n\u003cp>“Like the current class members, they too were separated from their children,” Sabraw wrote in the decision. “They were not reunited with their children despite the absence of any finding they were unfit parents or presented a danger to their children.”\u003c/p>\n\u003cp>This group of families was particularly difficult to identify because the children were no longer in the custody of the Refugee Resettlement Office, and Homeland Security officials had not told the agency that those children had been taken from their parents.\u003c/p>\n\u003cp>After months of investigating, government officials delivered their findings to the court on Oct. 25, 2019 — 1,556 additional children had been separated.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-family-separations-e1580370503471.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11798997\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/copy-family-separations-e1580370503471.png\" alt=\"\" width=\"800\" height=\"470\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-family-separations-e1580370503471.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/copy-family-separations-e1580370503471-160x94.png 160w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>The ACLU’s steering committee set out to locate those parents and has since \u003ca href=\"https://www.kqed.org/news/11785409/new-search-begins-for-deported-parents-of-separated-migrant-children\" target=\"_blank\" rel=\"noopener noreferrer\">engaged community groups in Central America\u003c/a> to assist. Some participants in the effort have described spending 12 hours walking around remote villages in search of a single parent. The effort is still being conducted.\u003c/p>\n\u003ch3>July 30, 2019: ACLU Condemns Ongoing Separations\u003c/h3>\n\u003cfigure id=\"attachment_11798875\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-980530210.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798875\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-980530210.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-980530210-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Honduran child plays at the Catholic Charities Humanitarian Respite Center in McAllen, Texas, on June 21, 2018, after recently crossing the U.S.-Mexico border with his father. \u003ccite>(Spencer Platt/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In Sabraw’s original injunction barring the separation of families at the border, he included an exemption for cases where authorities had deemed the parent unfit or a danger to the child.\u003c/p>\u003c/div>",
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"content": "‘It is beyond shocking that the Trump administration continues to take babies from their parents. The administration cannot simply ignore the nationwide injunction over minor infractions.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Homeland Security officials have said they only rarely take such a step and only for the safety of children. But ACLU lawyers said the government had reported hundreds of ongoing separations after Sabraw halted the practice, including for minor criminal infractions, like petty theft or traffic violations.\u003c/p>\n\u003cp>In July, the ACLU asked the judge to \u003ca href=\"https://www.courtlistener.com/recap/gov.uscourts.casd.564097/gov.uscourts.casd.564097.439.0_3.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">clarify the standard\u003c/a> for when the government is allowed to separate families in order “to ensure that children are not taken away from their parents absent an objective reason to believe that the parent is unfit or a danger to their child.”\u003c/p>\n\u003cp>According to the ACLU, government numbers show that, as of Dec. 21, 2019, 1,142 children had been separated due to this exception, bringing the total of all separated families to at least 5,513, with the government reporting a handful of additional separations each month.\u003c/p>\n\u003cp>“It is beyond shocking that the Trump administration continues to take babies from their parents,” ACLU lawyer Lee Gelernt said. “The administration cannot simply ignore the nationwide injunction over minor infractions.”\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/family-separations-2-e1580371295398.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11799002\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/family-separations-2-e1580371295398.png\" alt=\"\" width=\"800\" height=\"470\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/family-separations-2-e1580371295398.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/family-separations-2-e1580371295398-160x94.png 160w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003ch3>\u003cstrong>Jan. 13, 2020: Judge Approves Most Ongoing Family Separations\u003c/strong>\u003c/h3>\n\u003cfigure id=\"attachment_11798873\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-977061392.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798873\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-977061392.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-977061392-1020x680.jpg 1020w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Honduran mother holds her 2-year-old daughter while being detained by U.S. Border Patrol agents in McAllen, Texas, near the U.S.-Mexico border. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In January, Sabraw responded to the ACLU’s request for clarification as to when family separations at the border are acceptable.\u003c/p>\n\u003cp>In the \u003ca href=\"https://ecf.casd.uscourts.gov/doc1/037115434524\" target=\"_blank\" rel=\"noopener noreferrer\">ruling\u003c/a>, he largely sided with the federal government, writing that child welfare standards are not the only consideration (as the ACLU had argued) — national security concerns are also a factor. “In this context, the government interests go well beyond just the fitness and danger that a parent may present to his or her own child,” Sabraw wrote. “Rather, the government interests extend to securing the Nation’s borders and enforcing the Nation’s criminal and immigration laws.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>He added that the government is entitled to separate children from their parents “based on any criminal history, not just criminal history that bears on a parent’s fitness or danger.”\u003c/p>\n\u003cp>Sabraw also asserted that the court should not “engage in prospective oversight” of family separation decisions, because the executive branch of government has the right to control security at the border. He also pointed out that separations at the border have declined dramatically.\u003c/p>\n\u003ch3>\u003cstrong>Looking Ahead\u003c/strong>\u003c/h3>\n\u003cfigure id=\"attachment_11798987\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1004299906.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11798987\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/GettyImages-1004299906.jpg\" alt=\"\" width=\"1024\" height=\"691\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906-160x108.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906-800x540.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/01/GettyImages-1004299906-1020x688.jpg 1020w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Seven-year-old Andy is reunited with his mother, Arely, at Baltimore-Washington International Airport on July 23, 2018. Originally from El Salvador, the mother and son were separated upon entering the United States on June 13. Arely was detained at the Port Isabel Detention Center in Texas while Andy was detained in New York. \u003ccite>(Win McNamee/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In late 2019, HHS’ inspector general issued a \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2019-11/OIG-20-06-Nov19.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">new report\u003c/a> about family separations that was made public in January. It stated that when the government began its zero tolerance policy of prosecuting all adult border crossers, including parents, Homeland Security officials lacked the technology to keep track of the thousands of parents and children they separated.\u003c/p>\n\u003cp>As of January 2020, hundreds — and possibly thousands — of families are still not reunited.\u003c/p>\n\u003cp>Out of the first group of 2,815 children identified, 18 separated children are still in the custody of the Office of Refugee Resettlement — more than a year and a half after Sabraw ordered them returned to their parents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And the the 1,556 additional families who the government determined had been separated under the zero tolerance policy as far back as July 2017, are still in the early stages. The ACLU’s steering committee has so far made contact with just 364 of those parents — by phone or by tracking them down in person on the ground in Central America. But advocates say those parents are so traumatized from losing their children that it’s hard to build enough trust to begin reuniting them.\u003c/p>\n\u003cp>“It can be a real struggle to ensure that the families believe that there can still be a path forward where reunification is even an option,” said Nan Schivone, legal director for the advocacy group Justice in Motion, and a member of the steering committee. “Our defenders are reporting that many deported parents are stuck in an emotional limbo, and it’s kind of hard for them to even process that they’ve been contacted and found.”\u003c/p>\n\u003cp>Then there are the 1,142 or more children taken from their parents after the judge halted family separations. So far, neither the government nor the ACLU has estimated how many of them have been returned to their parents.\u003c/p>\n\u003cp>In a recent legal filing, government officials expressed confidence that they’ve identified “substantially all the possible children” separated at the border. But during a December settlement conference, Sabraw voiced concern. “The unfortunate reality,” he said, “will be that we will never be able to accurately identify the number of children.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cp>Advocates for migrant families are continuing their efforts to \u003ca href=\"http://bit.ly/fioreseparationpuzzle\" target=\"_blank\" rel=\"noopener\">reunify parents and children\u003c/a> who were forcibly separated by the Trump administration.\u003c/p>\n\u003cp>Family separation is a human rights abuse that is much harder to undo than it was to enact.\u003c/p>\n\u003cp>Under court order, the government released a new, higher tally of \u003ca href=\"https://www.kqed.org/news/11782685/new-tally-totals-over-5500-kids-taken-from-parents-at-the-border\" target=\"_blank\" rel=\"noopener\">nearly 5,500 children\u003c/a> who were separated from their parents at the border.\u003c/p>\n\u003cp>Meanwhile, the top architect and chief enforcer of this cruel policy, Jeff Sessions, just announced he's \u003ca href=\"https://www.npr.org/2019/11/07/777430100/jeff-sessions-says-he-will-run-to-regain-his-old-senate-seat-from-alabama\" target=\"_blank\" rel=\"noopener\">running for his old Senate seat\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Advocates for migrant families are continuing their efforts to \u003ca href=\"http://bit.ly/fioreseparationpuzzle\" target=\"_blank\" rel=\"noopener\">reunify parents and children\u003c/a> who were forcibly separated by the Trump administration.\u003c/p>\n\u003cp>Family separation is a human rights abuse that is much harder to undo than it was to enact.\u003c/p>\n\u003cp>Under court order, the government released a new, higher tally of \u003ca href=\"https://www.kqed.org/news/11782685/new-tally-totals-over-5500-kids-taken-from-parents-at-the-border\" target=\"_blank\" rel=\"noopener\">nearly 5,500 children\u003c/a> who were separated from their parents at the border.\u003c/p>\n\u003cp>Meanwhile, the top architect and chief enforcer of this cruel policy, Jeff Sessions, just announced he's \u003ca href=\"https://www.npr.org/2019/11/07/777430100/jeff-sessions-says-he-will-run-to-regain-his-old-senate-seat-from-alabama\" target=\"_blank\" rel=\"noopener\">running for his old Senate seat\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Advocates for migrant families who were forcibly separated by the Trump administration in 2017 and 2018 are embarking on a new effort to locate and reunite parents and children after the federal government revealed last month that it had separated \u003ca href=\"https://www.kqed.org/news/11782685/new-tally-totals-over-5500-kids-taken-from-parents-at-the-border\" target=\"_blank\" rel=\"noopener\">1,556 more children\u003c/a> than previously reported.\u003c/p>\n\u003cp>The search follows a painstaking process, begun in the summer of 2018 and still not complete, to reunify more than 2,800 families that the government initially identified, under orders from a federal judge in San Diego. Locating the new group could be harder, advocates say, because most of the parents have been deported to Central America and the children have been placed with U.S. foster families or other sponsors.\u003c/p>\n\u003cp>“We may be looking at a months- or years-long process,” said Lee Gelernt, a lawyer with the American Civil Liberties Union, which represents parents in a lawsuit challenging the government’s family separation policy. “But, as we told the court, we will not stop until we find every one of these families.”\u003c/p>\n\u003cp>Public outcry swelled after then-Attorney General Jeff Sessions announced in April of 2018 that children would be taken away from their parents as part of a “zero tolerance” policy to criminally prosecute all adults who cross the border without authorization.\u003c/p>\n\u003cp>Two months later, President Trump ordered an end to the practice, and on June 26, 2018, U.S. District Judge Dana Sabraw issued \u003ca href=\"https://www.aclu.org/legal-document/ms-l-v-ice-order-granting-plaintiffs-motion-classwide-preliminary-injunction\" target=\"_blank\" rel=\"noopener\">an injunction\u003c/a> barring border officials from taking kids from their parents, except in rare circumstances. Sabraw ordered the families reunified and the government identified 2,814 affected children. The ACLU then set up a “steering committee” of lawyers and advocates to track down the parents and reconnect them with their kids.\u003c/p>\n\u003cp>As that process was underway, the inspector general of the Department of Health and Human Services, the agency that took custody of the children, issued a report in January saying hundreds or thousands more separated kids might have passed through HHS shelters, as much as a year before the controversial practice came to light. Sabraw then ordered the government to review the records of 47,000 unaccompanied minors in HHS custody since July 1, 2017.\u003c/p>\n\u003cp>[aside tag=\"family-separation\" label=\"Related Coverage\"]\u003c/p>\n\u003cp>Based on that review, government lawyers began providing the ACLU with lists of names of children who were indeed separated after July 1, 2017, but were no longer in government custody on June 26, 2018, when Sabraw issued his injunction.\u003c/p>\n\u003cp>Those lists, which the ACLU says total 1,556 children, have now been turned over to the plaintiffs’ steering committee, which has 120 lawyers working on the reunification effort. Each lawyer is responsible for tracking down a set of families. But contact information provided by the government may be out-of-date, wrong or incomplete, said Steven Herzog, with the law firm \u003ca href=\"https://www.paulweiss.com\" target=\"_blank\" rel=\"noopener\">Paul, Weiss,\u003c/a> which is leading the endeavor.\u003c/p>\n\u003cp>“That information dates from when the parents first entered, which means that the information is often two years old,” Herzog said. “We are provided with phone numbers for less than 20% of the parents, but for a majority of the children’s sponsors, the adults with whom the child is currently living. Those numbers also are dated, and sometimes are incorrect or do not work.”\u003c/p>\n\u003cp>Sometimes a child’s sponsor can provide a working phone number for a parent, he said. Once the lawyers do make contact with parents, they often need hard-to-find translators who speak indigenous languages, including Mayan languages \u003ca href=\"https://apnews.com/ff140d3396e64a9ba83485ddeaa776be\" target=\"_blank\" rel=\"noopener\">like Mam and K’iche’,\u003c/a> which are spoken in parts of Guatemala.\u003c/p>\n\u003cp>But even with scores of U.S. lawyers on the case, it can be difficult to reach parents. So Herzog and the steering committee have formed a partnership with a network of community-based organizations in Central America. Their outreach workers, known as defenders, are working on the ground to track down families who may have moved to evade the threats that pushed them to try migrating to the U.S. in the first place.\u003c/p>\n\u003cp>“The work of the defender is to gain the confidence of maybe a neighbor, or a friend, a trusted teacher or a pastor, to get updated contact information and then a lead on where the parent may currently be,” explained Nan Schivone, legal director at \u003ca href=\"https://www.justiceinmotion.org\" target=\"_blank\" rel=\"noopener\">Justice in Motion\u003c/a>, which helps search for families in Guatemala and Honduras.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Nan Schivone, legal director at Justice in Motion\"]“The work of the defender is to gain the confidence of maybe a neighbor, or a friend, a trusted teacher or a pastor, to get updated contact information and then a lead on where the parent may currently be.”[/pullquote]\u003c/p>\n\u003cp>That process can be arduous, according to Schivone, who said her advocates have described spending 12 hours walking around villages in search of contact information for a single parent.\u003c/p>\n\u003cp>The next step, she said, is to build trust with traumatized families, who may not believe they will ever see their children again.\u003c/p>\n\u003cp>“It can be a real struggle to ensure that the families believe that there can still be a path forward where reunification is even an option,” said Schivone. “Our defenders are reporting that many deported parents are stuck in an emotional limbo, and it’s kind of hard for them to even process that they’ve been contacted and found.”\u003c/p>\n\u003cp>Despite the challenge, Schivone said she’s still hopeful that advocates in the U.S. and Central America will be able to find every parent separated from a child.\u003c/p>\n\u003cp>“We’re very much in the thick of the very hard work, and so it’s hard to predict how long it will take,” Schivone said. “It is clear that the role that human rights defenders — who are members of the Justice in Motion network — are playing is really critical.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Advocates for migrant families who were forcibly separated by the Trump administration in 2017 and 2018 are embarking on a new effort to locate and reunite parents and children after the federal government revealed last month that it had separated \u003ca href=\"https://www.kqed.org/news/11782685/new-tally-totals-over-5500-kids-taken-from-parents-at-the-border\" target=\"_blank\" rel=\"noopener\">1,556 more children\u003c/a> than previously reported.\u003c/p>\n\u003cp>The search follows a painstaking process, begun in the summer of 2018 and still not complete, to reunify more than 2,800 families that the government initially identified, under orders from a federal judge in San Diego. Locating the new group could be harder, advocates say, because most of the parents have been deported to Central America and the children have been placed with U.S. foster families or other sponsors.\u003c/p>\n\u003cp>“We may be looking at a months- or years-long process,” said Lee Gelernt, a lawyer with the American Civil Liberties Union, which represents parents in a lawsuit challenging the government’s family separation policy. “But, as we told the court, we will not stop until we find every one of these families.”\u003c/p>\n\u003cp>Public outcry swelled after then-Attorney General Jeff Sessions announced in April of 2018 that children would be taken away from their parents as part of a “zero tolerance” policy to criminally prosecute all adults who cross the border without authorization.\u003c/p>\n\u003cp>Two months later, President Trump ordered an end to the practice, and on June 26, 2018, U.S. District Judge Dana Sabraw issued \u003ca href=\"https://www.aclu.org/legal-document/ms-l-v-ice-order-granting-plaintiffs-motion-classwide-preliminary-injunction\" target=\"_blank\" rel=\"noopener\">an injunction\u003c/a> barring border officials from taking kids from their parents, except in rare circumstances. Sabraw ordered the families reunified and the government identified 2,814 affected children. The ACLU then set up a “steering committee” of lawyers and advocates to track down the parents and reconnect them with their kids.\u003c/p>\n\u003cp>As that process was underway, the inspector general of the Department of Health and Human Services, the agency that took custody of the children, issued a report in January saying hundreds or thousands more separated kids might have passed through HHS shelters, as much as a year before the controversial practice came to light. Sabraw then ordered the government to review the records of 47,000 unaccompanied minors in HHS custody since July 1, 2017.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Based on that review, government lawyers began providing the ACLU with lists of names of children who were indeed separated after July 1, 2017, but were no longer in government custody on June 26, 2018, when Sabraw issued his injunction.\u003c/p>\n\u003cp>Those lists, which the ACLU says total 1,556 children, have now been turned over to the plaintiffs’ steering committee, which has 120 lawyers working on the reunification effort. Each lawyer is responsible for tracking down a set of families. But contact information provided by the government may be out-of-date, wrong or incomplete, said Steven Herzog, with the law firm \u003ca href=\"https://www.paulweiss.com\" target=\"_blank\" rel=\"noopener\">Paul, Weiss,\u003c/a> which is leading the endeavor.\u003c/p>\n\u003cp>“That information dates from when the parents first entered, which means that the information is often two years old,” Herzog said. “We are provided with phone numbers for less than 20% of the parents, but for a majority of the children’s sponsors, the adults with whom the child is currently living. Those numbers also are dated, and sometimes are incorrect or do not work.”\u003c/p>\n\u003cp>Sometimes a child’s sponsor can provide a working phone number for a parent, he said. Once the lawyers do make contact with parents, they often need hard-to-find translators who speak indigenous languages, including Mayan languages \u003ca href=\"https://apnews.com/ff140d3396e64a9ba83485ddeaa776be\" target=\"_blank\" rel=\"noopener\">like Mam and K’iche’,\u003c/a> which are spoken in parts of Guatemala.\u003c/p>\n\u003cp>But even with scores of U.S. lawyers on the case, it can be difficult to reach parents. So Herzog and the steering committee have formed a partnership with a network of community-based organizations in Central America. Their outreach workers, known as defenders, are working on the ground to track down families who may have moved to evade the threats that pushed them to try migrating to the U.S. in the first place.\u003c/p>\n\u003cp>“The work of the defender is to gain the confidence of maybe a neighbor, or a friend, a trusted teacher or a pastor, to get updated contact information and then a lead on where the parent may currently be,” explained Nan Schivone, legal director at \u003ca href=\"https://www.justiceinmotion.org\" target=\"_blank\" rel=\"noopener\">Justice in Motion\u003c/a>, which helps search for families in Guatemala and Honduras.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That process can be arduous, according to Schivone, who said her advocates have described spending 12 hours walking around villages in search of contact information for a single parent.\u003c/p>\n\u003cp>The next step, she said, is to build trust with traumatized families, who may not believe they will ever see their children again.\u003c/p>\n\u003cp>“It can be a real struggle to ensure that the families believe that there can still be a path forward where reunification is even an option,” said Schivone. “Our defenders are reporting that many deported parents are stuck in an emotional limbo, and it’s kind of hard for them to even process that they’ve been contacted and found.”\u003c/p>\n\u003cp>Despite the challenge, Schivone said she’s still hopeful that advocates in the U.S. and Central America will be able to find every parent separated from a child.\u003c/p>\n\u003cp>“We’re very much in the thick of the very hard work, and so it’s hard to predict how long it will take,” Schivone said. “It is clear that the role that human rights defenders — who are members of the Justice in Motion network — are playing is really critical.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>More than 1,500 migrant families were forcibly separated at the U.S.-Mexico border in the year before a federal judge ordered a halt to the practice, according to a government tally released Thursday by the American Civil Liberties Union, which sued to end family separations. \u003c/p>\n\u003cp>The new numbers brings the total to almost 5,500 immigrant children who were taken from their parents since July 2017, when the Trump administration began ramping up prosecutions of parents who entered the United States unlawfully. \u003c/p>\n\u003cp>The prosecutions and family separations were part of the administration’s push to deter families — most of them Central American — from seeking refuge in this country.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Lee Gelernt, ACLU attorney\"]‘[The hundreds of kids] we’ve just learned about … are not only very young children, but they’ve been separated for possibly two or more years. We are desperate to find these children and parents.’[/pullquote]\u003c/p>\n\u003cp>“When we launched the lawsuit we thought there were maybe a few hundred families that were separated and we were shocked,” said Lee Gelernt, the lead ACLU attorney on the case.\u003c/p>\n\u003cp>“We had no idea that there would be thousands, that there would be babies and toddlers separated, or that we’d be looking all over the world for these families. This has been far worse than I think anybody could have anticipated,” Lee said.\u003c/p>\n\u003cp>Under court order, the federal government released a final list Thursday to the ACLU, naming 1,556 additional migrant parents whose children were \u003ca href=\"https://www.kqed.org/news/11731845/judge-immigration-must-identify-thousands-more-migrant-kids-separated-from-parents\">taken away starting July 1, 2017\u003c/a>, but were no longer in government custody on June 26, 2018, when U.S. District Judge Dana Sabraw issued an \u003ca href=\"https://www.aclu.org/legal-document/ms-l-v-ice-order-granting-plaintiffs-motion-classwide-preliminary-injunction\">injunction\u003c/a> ending most separations, and ordering families to be reunited.\u003c/p>\n\u003cp>Gelernt said this included more than 200 children under the age of 5 — including 71 babies and toddlers, ages 2 or younger — when border agents took them from their mothers or fathers.\u003c/p>\n\u003cp>“These we’ve just learned about … are not only very young children but they’ve been separated for possibly two or more years,” he said. “We are desperate to find these children and parents.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A committee of immigrant and child welfare advocates is working to find the parents, and has already made more than 4,000 phone calls to track down them down. Some committee members are in Central America attempting to locate parents in person. That effort is likely to ramp up now that the ACLU has a full list of names.\u003c/p>\n\u003cp>[aside tag=\"immigration,migration\" label=\"Related Stories\"]“We think many if not most [of the children] are still without their parents,” said Gelernt. “We suspect, from what we’ve learned so far, that the majority of parents were deported without their children.”\u003c/p>\n\u003cp>This group of 1,556 is in addition to 2,814 separated children who were in federal custody at the time of Sabraw’s June 2018 injunction and were previously identified in the ACLU’s class action lawsuit, \u003ca href=\"https://www.aclu.org/cases/ms-l-v-ice\" target=\"_blank\" rel=\"noopener noreferrer\">Ms. L. v. U.S. Immigration and Customs Enforcement\u003c/a>.\u003c/p>\n\u003cp>As a result of the judge’s order, the majority of those children were reunited with their parents. However, more than 600 were released to other relatives or sponsors. Two dozen children still remain in government-run shelters.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11775527/more-than-1000-families-have-been-separated-at-the-border-despite-court-order\">third group of children,\u003c/a> identified earlier this year, had been taken from their parents after Judge Sabraw blocked family separations. His injunction included a provision that allows Homeland Security officials to separate parents from their children if the parents are considered “unfit” or “a danger to child.”\u003c/p>\n\u003cp>Officials say they do that only rarely. As of this week, Gelernt said they had removed 1,090 children from their parents for such reasons, and every month the government reports additional separations from “unfit” parents.\u003c/p>\n\u003cp>ACLU attorneys say the government has taken children from their parents based on minor criminal convictions and unsubstantiated allegations of wrongdoing. They have asked the judge to reassess the original injunction and provide tighter guidelines for when children can be taken away from parents with a criminal history. Sabraw is considering that motion, and has ordered both parties to return to court on Nov. 8.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“When we launched the lawsuit we thought there were maybe a few hundred families that were separated and we were shocked,” said Lee Gelernt, the lead ACLU attorney on the case.\u003c/p>\n\u003cp>“We had no idea that there would be thousands, that there would be babies and toddlers separated, or that we’d be looking all over the world for these families. This has been far worse than I think anybody could have anticipated,” Lee said.\u003c/p>\n\u003cp>Under court order, the federal government released a final list Thursday to the ACLU, naming 1,556 additional migrant parents whose children were \u003ca href=\"https://www.kqed.org/news/11731845/judge-immigration-must-identify-thousands-more-migrant-kids-separated-from-parents\">taken away starting July 1, 2017\u003c/a>, but were no longer in government custody on June 26, 2018, when U.S. District Judge Dana Sabraw issued an \u003ca href=\"https://www.aclu.org/legal-document/ms-l-v-ice-order-granting-plaintiffs-motion-classwide-preliminary-injunction\">injunction\u003c/a> ending most separations, and ordering families to be reunited.\u003c/p>\n\u003cp>Gelernt said this included more than 200 children under the age of 5 — including 71 babies and toddlers, ages 2 or younger — when border agents took them from their mothers or fathers.\u003c/p>\n\u003cp>“These we’ve just learned about … are not only very young children but they’ve been separated for possibly two or more years,” he said. “We are desperate to find these children and parents.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We think many if not most [of the children] are still without their parents,” said Gelernt. “We suspect, from what we’ve learned so far, that the majority of parents were deported without their children.”\u003c/p>\n\u003cp>This group of 1,556 is in addition to 2,814 separated children who were in federal custody at the time of Sabraw’s June 2018 injunction and were previously identified in the ACLU’s class action lawsuit, \u003ca href=\"https://www.aclu.org/cases/ms-l-v-ice\" target=\"_blank\" rel=\"noopener noreferrer\">Ms. L. v. U.S. Immigration and Customs Enforcement\u003c/a>.\u003c/p>\n\u003cp>As a result of the judge’s order, the majority of those children were reunited with their parents. However, more than 600 were released to other relatives or sponsors. Two dozen children still remain in government-run shelters.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11775527/more-than-1000-families-have-been-separated-at-the-border-despite-court-order\">third group of children,\u003c/a> identified earlier this year, had been taken from their parents after Judge Sabraw blocked family separations. His injunction included a provision that allows Homeland Security officials to separate parents from their children if the parents are considered “unfit” or “a danger to child.”\u003c/p>\n\u003cp>Officials say they do that only rarely. As of this week, Gelernt said they had removed 1,090 children from their parents for such reasons, and every month the government reports additional separations from “unfit” parents.\u003c/p>\n\u003cp>ACLU attorneys say the government has taken children from their parents based on minor criminal convictions and unsubstantiated allegations of wrongdoing. They have asked the judge to reassess the original injunction and provide tighter guidelines for when children can be taken away from parents with a criminal history. Sabraw is considering that motion, and has ordered both parties to return to court on Nov. 8.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Can Trump Administration Impose Tighter Restrictions on Asylum? Judges to Weigh In",
"title": "Can Trump Administration Impose Tighter Restrictions on Asylum? Judges to Weigh In",
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"content": "\u003cp>Federal judges on Tuesday challenged government lawyers over the legality of a Trump administration rule that denies asylum to people who don't come through a designated port of entry, even though the law specifically allows them to apply — regardless of where they enter the U.S.\u003c/p>\n\u003cp>[aside tag='immigration' label='Related Coverage']The exchange was part of a hearing before the 9th U.S. Circuit Court of Appeals on two cases challenging Trump administration policies restricting access to asylum protections for tens of thousands of migrants at the U.S.-Mexico border. The hearing in San Francisco addressed both the “port of entry” rule and another policy that forces most non-Mexicans who seek asylum at the border to wait in Mexico while their cases are heard in U.S. immigration court.\u003c/p>\n\u003cp>The administration has sought to deter the growing number of families and others seeking safe haven in the United States, many of whom say they are fleeing violence in Central America from which their government fails to protect them. The policies are part of a larger effort by the administration to restrict immigration overall.\u003c/p>\n\u003cp>In the first case, Justice Department attorney Scott Stewart asked the three-judge panel to overturn a lower court ruling last December that blocked the “port of entry” rule. The government has said the restriction is “an important rule designed to address a crisis at our southern border that is overwhelming our asylum system.”\u003c/p>\n\u003cp>In court, Stewart said the rule is valid because it still allows people who don’t come through a port of entry to apply for asylum — even if none of them will be granted it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“This ability to apply for asylum, your honor, doesn’t guarantee any substantive outcome,” Stewart told the judges. “This authority to grant asylum is imbued with discretion.”\u003c/p>\n\u003cp>Judge Richard Paez cut him off.\u003c/p>\n\u003cp>“It seems kind of odd that Congress has pretty specifically set out when an alien can apply — whether or not at a designated port of entry — and then the agency comes along and promulgates a regulation that basically just wipes that out. How is that consistent with the text of the statute?” asked Paez, who was appointed to the bench by President Bill Clinton.\u003c/p>\n\u003cp>Representing a group of immigrant legal service organizations challenging the “port of entry” rule, ACLU attorney Lee Gelernt argued that the asylum restriction was in blatant violation with the language of the law.\u003c/p>\n\u003cp>“We do not think it would have made sense for Congress to say — and twice now, 1980 and 1996 — you may apply regardless,” said Gelernt. “Congress looked at this issue, understood how dangerous it was to eliminate asylum for people who couldn't make it to a port of entry, and put that language in.”\u003c/p>\n\u003cp>The second case before the 9th Circuit Tuesday dealt with the Trump administration’s Migration Protection Protocols, known as the “Remain in Mexico” policy. It requires many non-Mexicans who seek asylum at the border to wait in Mexico for their cases to be heard in U.S. immigration court.\u003c/p>\n\u003cp>In April, U.S. District Judge Richard Seeborg in San Francisco blocked the policy. But the following month, the 9th Circuit allowed it to take effect while the government appeals Seeborg’s preliminary injunction. As of late August, 38,000 people had been ordered to remain in Mexico while their asylum cases proceed.\u003c/p>\n\u003cp>[aside tag='asylum-seekers' label='More Coverage']ACLU attorney Judy Rabinovitz argued that the forced return to Mexico was illegal and asked the court to allow the lower court’s injunction to block it. In particular, she said it was urgent to stop the U.S. from returning asylum-seekers to a country where they could face danger — a requirement of international law known by the French term “non-refoulement.”\u003c/p>\n\u003cp>“The greatest suffering is with respect to those individuals who are being returned to persecution or torture despite the non-refoulement obligation,” said Rabinovitz. “Our concern is just to ensure that we get relief for those people.”\u003c/p>\n\u003cp>Judge William Fletcher, another Clinton appointee, challenged Department of Justice attorney Stewart, suggesting that the interview used to place migrants into the Remain in Mexico program is flawed.\u003c/p>\n\u003cp>“You don’t even ask if they have any kind of fear,” said Fletcher. “You're not even asking them the key question with respect to refoulement, that is to say, ‘Are you afraid?’ ”\u003c/p>\n\u003cp>Stewart replied that the government doesn’t need to ask because asylum-seekers can volunteer that they fear being sent back to Mexico.\u003c/p>\n\u003cp>Douglas Oviedo, an evangelical pastor from Honduras, is one of the plaintiffs in the Remain in Mexico case. He is one of a few people who have won asylum through that program.\u003c/p>\n\u003cp>Speaking after the hearing, Oviedo said he spent 11 months in a Tijuana migrant shelter, unable to work. Central American migrants face discrimination in Mexico but, even worse, they are preyed upon by local gangs and drug cartels and also by the Mexican police. Women are raped and young people are extorted, he said.\u003c/p>\n\u003cp>“Women and children are hiding in the shelters,” he said. “Migrants don’t leave because they’re afraid to go out in the streets.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal judges on Tuesday challenged government lawyers over the legality of a Trump administration rule that denies asylum to people who don't come through a designated port of entry, even though the law specifically allows them to apply — regardless of where they enter the U.S.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The exchange was part of a hearing before the 9th U.S. Circuit Court of Appeals on two cases challenging Trump administration policies restricting access to asylum protections for tens of thousands of migrants at the U.S.-Mexico border. The hearing in San Francisco addressed both the “port of entry” rule and another policy that forces most non-Mexicans who seek asylum at the border to wait in Mexico while their cases are heard in U.S. immigration court.\u003c/p>\n\u003cp>The administration has sought to deter the growing number of families and others seeking safe haven in the United States, many of whom say they are fleeing violence in Central America from which their government fails to protect them. The policies are part of a larger effort by the administration to restrict immigration overall.\u003c/p>\n\u003cp>In the first case, Justice Department attorney Scott Stewart asked the three-judge panel to overturn a lower court ruling last December that blocked the “port of entry” rule. The government has said the restriction is “an important rule designed to address a crisis at our southern border that is overwhelming our asylum system.”\u003c/p>\n\u003cp>In court, Stewart said the rule is valid because it still allows people who don’t come through a port of entry to apply for asylum — even if none of them will be granted it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This ability to apply for asylum, your honor, doesn’t guarantee any substantive outcome,” Stewart told the judges. “This authority to grant asylum is imbued with discretion.”\u003c/p>\n\u003cp>Judge Richard Paez cut him off.\u003c/p>\n\u003cp>“It seems kind of odd that Congress has pretty specifically set out when an alien can apply — whether or not at a designated port of entry — and then the agency comes along and promulgates a regulation that basically just wipes that out. How is that consistent with the text of the statute?” asked Paez, who was appointed to the bench by President Bill Clinton.\u003c/p>\n\u003cp>Representing a group of immigrant legal service organizations challenging the “port of entry” rule, ACLU attorney Lee Gelernt argued that the asylum restriction was in blatant violation with the language of the law.\u003c/p>\n\u003cp>“We do not think it would have made sense for Congress to say — and twice now, 1980 and 1996 — you may apply regardless,” said Gelernt. “Congress looked at this issue, understood how dangerous it was to eliminate asylum for people who couldn't make it to a port of entry, and put that language in.”\u003c/p>\n\u003cp>The second case before the 9th Circuit Tuesday dealt with the Trump administration’s Migration Protection Protocols, known as the “Remain in Mexico” policy. It requires many non-Mexicans who seek asylum at the border to wait in Mexico for their cases to be heard in U.S. immigration court.\u003c/p>\n\u003cp>In April, U.S. District Judge Richard Seeborg in San Francisco blocked the policy. But the following month, the 9th Circuit allowed it to take effect while the government appeals Seeborg’s preliminary injunction. As of late August, 38,000 people had been ordered to remain in Mexico while their asylum cases proceed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>ACLU attorney Judy Rabinovitz argued that the forced return to Mexico was illegal and asked the court to allow the lower court’s injunction to block it. In particular, she said it was urgent to stop the U.S. from returning asylum-seekers to a country where they could face danger — a requirement of international law known by the French term “non-refoulement.”\u003c/p>\n\u003cp>“The greatest suffering is with respect to those individuals who are being returned to persecution or torture despite the non-refoulement obligation,” said Rabinovitz. “Our concern is just to ensure that we get relief for those people.”\u003c/p>\n\u003cp>Judge William Fletcher, another Clinton appointee, challenged Department of Justice attorney Stewart, suggesting that the interview used to place migrants into the Remain in Mexico program is flawed.\u003c/p>\n\u003cp>“You don’t even ask if they have any kind of fear,” said Fletcher. “You're not even asking them the key question with respect to refoulement, that is to say, ‘Are you afraid?’ ”\u003c/p>\n\u003cp>Stewart replied that the government doesn’t need to ask because asylum-seekers can volunteer that they fear being sent back to Mexico.\u003c/p>\n\u003cp>Douglas Oviedo, an evangelical pastor from Honduras, is one of the plaintiffs in the Remain in Mexico case. He is one of a few people who have won asylum through that program.\u003c/p>\n\u003cp>Speaking after the hearing, Oviedo said he spent 11 months in a Tijuana migrant shelter, unable to work. Central American migrants face discrimination in Mexico but, even worse, they are preyed upon by local gangs and drug cartels and also by the Mexican police. Women are raped and young people are extorted, he said.\u003c/p>\n\u003cp>“Women and children are hiding in the shelters,” he said. “Migrants don’t leave because they’re afraid to go out in the streets.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A federal judge has blocked the Trump administration's effort to expand fast-track deportation regulations for undocumented immigrants without the use of immigration courts.\u003c/p>\n\u003cp>The procedure, known as \"expedited removal,\" has previously been used to deport undocumented immigrants who cross into the U.S. by land without an immigration hearing, or access to an attorney if they are arrested within 100 miles of the border within two weeks of their arrival.\u003c/p>\n\u003cp>In July, the administration expanded the rule to include undocumented immigrants who couldn't prove they had been in the U.S. continuously for two years or more, no matter where they were in the country.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size='medium' align='right' citation='U.S. District Judge Ketanji Brown Jackson']'Decision making by Ouija board or dart board, rock/paper/scissors, or even the Magic 8 Ball — simply will not do.'[/pullquote]\u003c/span>\u003c/p>\n\u003cp>In a \u003ca href=\"https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2019cv2369-40\" target=\"_blank\" rel=\"noopener\">126-page report issued just before midnight\u003c/a> on Friday, U.S. District Judge Ketanji Brown Jackson \u003ca href=\"https://www.aclu.org/legal-document/order-0\" target=\"_blank\" rel=\"noopener\">issued a preliminary injunction\u003c/a> on the policy change. She stated that the administration did not follow the correct decision-making procedures, such as the formal notice-and-comment period required for major federal rule changes, and likely violated federal law in failing to do so. She said that \"no good cause exists for the agency to have not complied with these mandates in this instance.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jackson, who is an Obama-era appointee, also said that the July notice by the Department of Homeland Security seemed \"arbitrary and capricious.\"\u003c/p>\n\u003cp>\"Put in common parlance, if a policy decision that an agency makes is of sufficient consequence that it qualifies as an agency rule, then arbitrariness in deciding the contours of that rule — e.g., decision making by Ouija board or dart board, rock/paper/scissors, or even the Magic 8 Ball — simply will not do,\" \u003ca href=\"https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2019cv2369-40\" target=\"_blank\" rel=\"noopener\">Jackson wrote\u003c/a>. \"There are well-established legal constraints on the manner in which an agency exercises its discretion to make discretionary policy decisions, and there are also legally established consequences if an agency does not adhere to these procedural requirements when it determines the policies that it imposes.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside tag='immigration' label='More Coverage.']\u003c/span>\u003c/p>\n\u003cp>The Department of Homeland Security had argued that the policy change would relieve overburdened immigration courts and \"harmonize\" existing regulations to apply equally to undocumented immigrants whether they arrive by land or sea.\u003c/p>\n\u003cp>\"The effect of that change will be to enhance national security and public safety — while reducing government costs — by facilitating prompt immigration determinations,\" DHS \u003ca href=\"https://www.federalregister.gov/documents/2019/07/23/2019-15710/designating-aliens-for-expedited-removal\" target=\"_blank\" rel=\"noopener\">said in the July notice\u003c/a>.\u003c/p>\n\u003cp>\"We are past the breaking point and must take all appropriate action to enforce the law, along the U.S. borders and within the country's interior,\" said acting Secretary of Homeland Security Kevin McAleenan \u003ca href=\"https://www.dhs.gov/news/2019/07/23/acting-secretary-mcaleenan-announces-new-designation-aliens-subject-expedited\" target=\"_blank\" rel=\"noopener\">when the new policy was announced\u003c/a>. \"This designation makes it clear that if you have no legal right to be here, we will remove you.\"\u003c/p>\n\u003cp>The American Civil Liberties Union, American Immigration Council, and Simpson Thacher & Bartlett LLP sought the preliminary injunction.\u003c/p>\n\u003cp>\"The court rejected the Trump administration's illegal attempt to remove hundreds of thousands of people from the U.S. without any legal recourse,\" ACLU attorney Anand Balakrishnan, who argued the case, said in a statement. \"This ruling recognizes the irreparable harm of this policy.\"\u003c/p>\n\u003cp>The preliminary injunction blocks the expanded expedited removal policy from being applied until the court has finished litigation on the matter.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>NPR reached out to the Department of Homeland Security for comment but did not receive an immediate response.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Federal+Judge+Blocks+Trump+Move+To+Fast-Track+Deportations&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Jackson, who is an Obama-era appointee, also said that the July notice by the Department of Homeland Security seemed \"arbitrary and capricious.\"\u003c/p>\n\u003cp>\"Put in common parlance, if a policy decision that an agency makes is of sufficient consequence that it qualifies as an agency rule, then arbitrariness in deciding the contours of that rule — e.g., decision making by Ouija board or dart board, rock/paper/scissors, or even the Magic 8 Ball — simply will not do,\" \u003ca href=\"https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2019cv2369-40\" target=\"_blank\" rel=\"noopener\">Jackson wrote\u003c/a>. \"There are well-established legal constraints on the manner in which an agency exercises its discretion to make discretionary policy decisions, and there are also legally established consequences if an agency does not adhere to these procedural requirements when it determines the policies that it imposes.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>The Department of Homeland Security had argued that the policy change would relieve overburdened immigration courts and \"harmonize\" existing regulations to apply equally to undocumented immigrants whether they arrive by land or sea.\u003c/p>\n\u003cp>\"The effect of that change will be to enhance national security and public safety — while reducing government costs — by facilitating prompt immigration determinations,\" DHS \u003ca href=\"https://www.federalregister.gov/documents/2019/07/23/2019-15710/designating-aliens-for-expedited-removal\" target=\"_blank\" rel=\"noopener\">said in the July notice\u003c/a>.\u003c/p>\n\u003cp>\"We are past the breaking point and must take all appropriate action to enforce the law, along the U.S. borders and within the country's interior,\" said acting Secretary of Homeland Security Kevin McAleenan \u003ca href=\"https://www.dhs.gov/news/2019/07/23/acting-secretary-mcaleenan-announces-new-designation-aliens-subject-expedited\" target=\"_blank\" rel=\"noopener\">when the new policy was announced\u003c/a>. \"This designation makes it clear that if you have no legal right to be here, we will remove you.\"\u003c/p>\n\u003cp>The American Civil Liberties Union, American Immigration Council, and Simpson Thacher & Bartlett LLP sought the preliminary injunction.\u003c/p>\n\u003cp>\"The court rejected the Trump administration's illegal attempt to remove hundreds of thousands of people from the U.S. without any legal recourse,\" ACLU attorney Anand Balakrishnan, who argued the case, said in a statement. \"This ruling recognizes the irreparable harm of this policy.\"\u003c/p>\n\u003cp>The preliminary injunction blocks the expanded expedited removal policy from being applied until the court has finished litigation on the matter.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>NPR reached out to the Department of Homeland Security for comment but did not receive an immediate response.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Federal+Judge+Blocks+Trump+Move+To+Fast-Track+Deportations&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>More than 1,000 migrant children have been \u003ca href=\"http://bit.ly/fiorestillseparated\" target=\"_blank\" rel=\"noopener\">separated from their parents\u003c/a> since a federal judge issued an injunction designed to stop the practice in June, 2018.\u003c/p>\n\u003cp>On Monday, Judge Dana Sabraw ordered the Trump administration to provide documentation on all family separations that have happened in the interim.\u003c/p>\n\u003cp>Now we're potentially looking at an injunction on top of another injunction on top of an \u003ca href=\"https://www.kqed.org/news/11675975/speaker-ryan-plans-immigration-votes-amid-doubts-that-bills-can-pass\" rel=\"noopener\" target=\"_blank\">executive order\u003c/a> — all supposedly put in place to stop family separations at the border.\u003c/p>\n\u003cp>Yet the administration still insists on separating children from their parents, sometimes for \u003ca href=\"https://www.kqed.org/news/11764686/family-separation-for-a-traffic-offense\" target=\"_blank\" rel=\"noopener\">ridiculous reasons\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>More than 1,000 migrant children have been \u003ca href=\"http://bit.ly/fiorestillseparated\" target=\"_blank\" rel=\"noopener\">separated from their parents\u003c/a> since a federal judge issued an injunction designed to stop the practice in June, 2018.\u003c/p>\n\u003cp>On Monday, Judge Dana Sabraw ordered the Trump administration to provide documentation on all family separations that have happened in the interim.\u003c/p>\n\u003cp>Now we're potentially looking at an injunction on top of another injunction on top of an \u003ca href=\"https://www.kqed.org/news/11675975/speaker-ryan-plans-immigration-votes-amid-doubts-that-bills-can-pass\" rel=\"noopener\" target=\"_blank\">executive order\u003c/a> — all supposedly put in place to stop family separations at the border.\u003c/p>\n\u003cp>Yet the administration still insists on separating children from their parents, sometimes for \u003ca href=\"https://www.kqed.org/news/11764686/family-separation-for-a-traffic-offense\" target=\"_blank\" rel=\"noopener\">ridiculous reasons\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"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? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"soldout": {
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"info": "The TED Radio Hour is a journey through fascinating ideas, astonishing inventions, fresh approaches to old problems, and new ways to think and create.",
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"restaurantDataById": {},
"restaurantIdsSorted": [],
"error": null
},
"userAgentReducer": {
"userAgent": "Mozilla/5.0 AppleWebKit/537.36 (KHTML, like Gecko; compatible; ClaudeBot/1.0; +claudebot@anthropic.com)",
"isBot": true
}
}
