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"content": "\u003cp>Driving a tractor for his job in the Oxnard lettuce fields doesn’t make Arturo Villanueva rich, but it’s usually been enough to make rent and support his family.\u003c/p>\n\u003cp>Farm labor is the only thing the 37-year-old father of five says he knows how to do well. When months of rain flooded the fields and made most of his usual work in February and March impossible, he struggled to earn enough to cover rent and allow his family “to live well.”\u003c/p>\n\u003cp>His family cut back on the amount and type of food they purchased. They rarely left the house, to save money on gas. They tried to buy only what they absolutely needed.\u003c/p>\n\u003cp>Months later, Villanueva still isn’t working his usual hours because rainy weather delayed planting some crops by at least two months. California set aside \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">$95 million\u003c/a> in \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">state funds\u003c/a> to help people like him \u003ca href=\"https://calmatters.org/california-divide/2023/05/california-flooding-fund/\">who lost work\u003c/a> or experienced hardships due to storms and floods, but Villanueva told CalMatters in June he didn’t know how to access it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“So many of us who work in the fields are undocumented,” he said in Spanish. “We who are the most affected receive the least. I would like there to be support for the undocumented workers — and not just those working in the fields.”\u003c/p>\n\u003cp>Villanueva can’t receive unemployment insurance because he’s undocumented — one of about \u003ca href=\"https://www.ppic.org/publication/immigrants-in-california/\">2.3 million Californians\u003c/a> whose immigration status bars them from receiving a variety of social safety net benefits.\u003c/p>\n\u003cp>His predicament illustrates the gaps that remain in California’s safety net for undocumented immigrants despite a two-decade-long expansion of social and health services.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Arturo Villanueva, Oxnard farmworker\"]‘So many of us who work in the fields are undocumented. We who are the most affected receive the least. I would like there to be support for the undocumented workers.’[/pullquote]\u003c/p>\n\u003cp>In a major reversal since the 1990s, California has opened up government programs to undocumented residents more than any other state — issuing driver’s licenses, college scholarships, low-income tax credits, direct cash aid during the pandemic and now Medi-Cal health coverage. In 2025 California will be the first state to issue food stamps to undocumented immigrants, allowing those 55 and older to qualify.\u003c/p>\n\u003cp>But budget realities are putting the brakes on other expansions that advocates want like a $330 million proposal to offer unemployment benefits to undocumented workers.\u003c/p>\n\u003cp>Lucas Zucker, co-executive director of the \u003ca href=\"https://causenow.org/\">Central Coast nonprofit CAUSE\u003c/a>, which advocates for working class and immigrant workers\u003cstrong>,\u003c/strong> said it can be a difficult hurdle to extend benefits because some Americans view immigrants primarily as a source of labor.\u003c/p>\n\u003cp>“Providing someone a social safety net when they’re not able to work is almost counterintuitive to this racist and kind of exploitative way that we’ve been viewing immigrants in this country,” Zucker said.\u003c/p>\n\u003cfigure id=\"attachment_11955364\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955364\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg\" alt=\"A man in a blue T-shirt walks through rows of lettuce crops in a field in Oxnard, California. The sky is gray above and farm equipment is seen in the background.\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Arturo Villanueva, 37, a tractor driver, walks through a lettuce field in Oxnard on July 2, 2023. \u003ccite>(Julie Leopo-Bermudez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California has worked around limits in federal law that bar many immigrants — those with and without legal status — from social programs. That has meant building its own, state-funded programs during years of flush budget surpluses.\u003c/p>\n\u003cp>But this year, lawmakers and Gov. Gavin Newsom had to plug a $31.5 billion deficit.\u003c/p>\n\u003cp>Newsom has backed several program expansions including public health coverage for immigrants, which will total $2.6 billion annually. But he has said he wants to avoid cutting services in deficit years, so he \u003ca href=\"https://calmatters.org/california-divide/2022/12/california-budget-deficit-safety-net/\">won’t commit\u003c/a> to further expanding programs unless the state has funds to sustain them long-term.\u003c/p>\n\u003cp>The proposal for an unemployment program for workers like Villanueva failed to gain funding in the state budget for the second year in a row. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB227\">A bill\u003c/a> to create the program at a cost of $330 million a year — not counting implementation costs — has passed the Senate and awaits a hearing in the Assembly Appropriations Committee. Newsom vetoed a similar measure last year.\u003c/p>\n\u003cp>“The Governor will weigh the merits of any bill that eventually reaches his desk,” Daniel Lopez, a spokesperson for Newsom, said in an email. “The state will continue to be a leader and uphold the dignity and respect of everyone who calls California home.”\u003c/p>\n\u003cp>Critics argue further expanding services to undocumented immigrants is financially unsustainable for the state.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>Assemblymember Bill Essayli, a Riverside Republican, opposes the unemployment proposal, saying the state should instead spend its funds paying off the existing unemployment system’s $20 billion loan from the federal government, to avoid raising payroll taxes on businesses.\u003c/p>\n\u003cp>“We have to prioritize,” he said. “If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.”[aside postID=news_11946661 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/04/SB_277_SafetyNet-1020x680.jpg']Still, to advocates, some proposals are popular enough with the Democratic supermajority to seem inevitable. Nourish California, a food policy advocacy group, is pushing the state to open its food stamps program to all low-income undocumented immigrants, regardless of age, said Betzabel Estudillo, director of engagement at Nourish California.\u003c/p>\n\u003cp>“The Legislature has been very supportive and so has the governor,” she said. “The question is about when.”\u003c/p>\n\u003cp>California’s 1.1 million undocumented workers \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/essential_fairness.pdf\">make up 6%\u003c/a> of its labor force, according to UC Merced’s Community and Labor Center.\u003c/p>\n\u003cp>In 2019, undocumented immigrants paid an estimated $3.7 billion in state and local taxes, \u003ca href=\"https://immigrantdataca.org/about\">according to\u003c/a> USC’s California Immigrant Data Portal.\u003c/p>\n\u003cp>And, like the rest of the population, immigrant workers are aging, so they’ll increasingly need retirement support and health care.\u003c/p>\n\u003cp>In a report this year UC Merced estimated 165,000 of \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/a_golden_age.pdf\">California’s undocumented workers\u003c/a> were older than 55 in 2019, the highest “since Mexican mass migration began in the 1970s.” Undocumented immigrants also make up \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">the largest share\u003c/a> of Californians without health insurance.\u003c/p>\n\u003cp>Leisy Abrego, chair of Chicana/o Studies at UCLA, said California has shown it can do more to help immigrants\u003cstrong> \u003c/strong>in the absence of federal immigration policy reform.\u003c/p>\n\u003cp>“There’s an economic need for immigrant labor, and California, they realize that that need is being met,” Abrego said. “And advocates are wanting to treat those people meeting those needs as human beings who also need health care, who also need educational opportunities.”\u003c/p>\n\u003ch2>California’s road to inclusion\u003c/h2>\n\u003cp>Before she qualified for full Medi-Cal coverage in 2022, Oliva Huerta had learned to live with little or sporadic medical care for a host of illnesses, including anxiety and pain linked to diabetes, high blood pressure and a cancer battle in the 1990s. Medi-Cal was paying for emergency care only.\u003c/p>\n\u003cp>At 61, she’s unable to do much besides care for her four grandkids while their parents work in Los Angeles.\u003c/p>\n\u003cp>But when staff at \u003ca href=\"https://locator.lacounty.gov/dcfs/Location/3173568/maternal-and-child-health-access\">Maternal and Child Health Access\u003c/a>, a health nonprofit in Los Angeles, helped Huerta switch her emergency coverage to full coverage, she noticed an immediate difference.\u003c/p>\n\u003cp>She was able to select a primary care doctor at the clinic where she usually went for specialist care. She could see a doctor for non-emergency care much quicker. Recently she scheduled a mammogram and consulted with a urologist in a virtual appointment.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>“It can be hard for undocumented people,” Huerta said in Spanish. “I imagine a lot of other people are benefitting like we are.”\u003c/p>\n\u003cp>Medi-Cal began covering undocumented children in 2018 and adults up to age 26 in 2020. Last May, older undocumented immigrants like Huerta became eligible. She is \u003ca href=\"https://data.chhs.ca.gov/dataset/eligible-older-adult-expansion-individuals-enrolled-in-medi-cal/resource/7271b885-7340-49e2-ba56-5435b698a972\">one of nearly 350,000\u003c/a>\u003cstrong> \u003c/strong>who have signed up for full, state-funded coverage.\u003c/p>\n\u003cfigure id=\"attachment_11955365\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955365\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg\" alt=\"A woman with a relaxed expression poses with her hands clasped in front of her beside some large plants.\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Oliva Huerta, outside the Maternal and Child Health Access office in Los Angeles on July 5, 2023. \u003ccite>(Julie A Hotz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Next January coverage will open to low-income immigrants of all ages; an estimated 700,000 will be eligible. The full-fledged expansion will cost $2.6 billion a year.\u003c/p>\n\u003cp>It marks a significant turnaround from the policy debates of 1994 when California voters passed a measure barring immigrants without legal status from public services such as non-emergency health care, elementary and secondary schools and public colleges.\u003c/p>\n\u003cp>The measure drew mass protests, but passed with 59% of the vote. A federal judge ultimately blocked it from taking effect on constitutional grounds. But activists saw xenophobic sentiments that galvanized them to rally around immigrants’ rights. Abrego said many Latino advocates and politicians today \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2019/11/looking-back-on-proposition-187-the-initiative-that-transformed-california-politics/\">remain fueled\u003c/a> by opposition to the policies of the 1990s.\u003c/p>\n\u003cp>In 2001, California became one of the first states to make undocumented students eligible for in-state tuition at public colleges, if they’d graduated from high school in-state. Ten years later, it allowed undocumented students to get state financial aid.\u003c/p>\n\u003cp>In 2013, California allowed undocumented residents to get driver’s licenses. \u003ca href=\"https://calmatters.org/california-divide/2023/01/drivers-licenses-undocumented-immigrants/\">More than 1 million\u003c/a> have received them since 2015.\u003c/p>\n\u003cp>In 2020, the state \u003ca href=\"https://www.gov.ca.gov/2020/09/18/governor-newsom-signs-bill-putting-money-back-into-the-pockets-of-more-california-workers-and-their-families/#:~:text=SACRAMENTO%20%E2%80%93%20Governor%20Gavin%20Newsom%20today,Child%20Tax%20Credit%20(YCTC).\">allowed\u003c/a> undocumented tax filers to receive the state’s earned income tax credit, returning thousands of dollars to low-income families each year. That year Californians \u003ca href=\"https://www.ftb.ca.gov/about-ftb/data-reports-plans/California-Earned-Income-Tax-Credit-and-Young-Child-Tax-credit-Report.pdf\">claimed $120 million more\u003c/a> in tax credits than the year before, according to the Franchise Tax Board.\u003c/p>\n\u003cp>Policymakers continue to make new proposals for immigrants living without legal status.\u003c/p>\n\u003cp>A bill \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1536\">introduced this year\u003c/a> would give undocumented residents access to the Cash Assistance Program for Immigrants, a state-funded\u003cstrong> \u003c/strong>benefit created for elderly and disabled residents who don’t qualify for Social Security because federal law bars most noncitizens.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB4\">Another bill\u003c/a> aims to let undocumented residents who earn too much to qualify for Medi-Cal get subsidized health insurance in the Covered California marketplace\u003cstrong>. \u003c/strong>That move would require federal approval.\u003c/p>\n\u003ch2>Immigrant poverty\u003c/h2>\n\u003cp>Poverty plunged in California from 16.4% in 2019 to nearly 12% in 2021, \u003ca href=\"https://calmatters.org/california-divide/2022/11/child-tax-credit/\">thanks to such pandemic aid programs\u003c/a> as expanded child tax credits and food and cash assistance, \u003ca href=\"https://www.ppic.org/publication/poverty-in-california/\">according to\u003c/a> the Public Policy Institute of California.\u003c/p>\n\u003cp>But undocumented immigrants were much harder hit. While 16% of immigrant Californians lived in poverty in 2021, 25% of undocumented immigrants did.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">disparities extend\u003c/a> to immigrants’ children — many of whom are U.S.-born. Thirteen percent of children in immigrant families live in poverty in California, which is double the rate for children of parents who are U.S. citizens, according to Patricia Malagon, a Public Policy Institute researcher.\u003c/p>\n\u003cp>A March analysis by the Public Policy Institute predicts that fully expanding Medi-Cal next year could \u003ca href=\"https://www.ppic.org/publication/the-impact-of-health-insurance-on-poverty-in-california/\">lower poverty\u003c/a> among non-citizen Californians by up to 3%.\u003c/p>\n\u003cp>The programs that reduce poverty the most are tax credits and CalFresh — the state’s food stamps program, said Paulette Cha, a Public Policy Institute researcher.[pullquote size=\"medium\" align=\"right\" citation=\"Lucas Zucker, co-executive director, CAUSE\"]‘Providing someone a social safety net when they’re not able to work is almost counterintuitive to this racist and kind of exploitative way that we’ve been viewing immigrants.’[/pullquote]California already uses its own funds to \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">pay for food assistance\u003c/a> for about 35,000 legally present immigrants — primarily recent green card holders — who are barred from the traditional food stamps program by federal law.\u003c/p>\n\u003cp>Undocumented immigrants who are 55 and older \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">will qualify\u003c/a> in October 2025; administration officials said they \u003ca href=\"https://calmatters.org/politics/2023/05/california-budget-deficit-newsom/\">need time\u003c/a> to make computer system upgrades before enrolling new recipients. At its peak, the state estimates 75,000 older immigrants will get food assistance at a cost of $113 million annually.\u003c/p>\n\u003ch2>Unemployment benefits battle\u003c/h2>\n\u003cp>Advocates want California officials to commit to food stamps for undocumented immigrants of all ages. And they’re disappointed at the lack of action on unemployment benefits. Colorado and New York have started programs to pay jobless benefits to undocumented workers.\u003c/p>\n\u003cp>California lawmakers passed a bill last year to start a pilot program that would pay unemployment benefits to workers who are ineligible because of immigration status, but \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/AB-2847-VETO.pdf?emrc=87cd0d\">Newsom vetoed\u003c/a> it, citing costs amid signs of a deficit. This spring hundreds of activists and workers marched on the Capitol to demand the benefits, pointing to those who lost work in both the pandemic and this year’s floods.\u003c/p>\n\u003cp>A bill this year would give undocumented workers who lose work $300 in weekly benefits for up to 20 weeks, the maximum time allowed in the traditional unemployment program. Aside from the cost of benefits, the Economic Development Department estimates it would need at least $271 million to implement the program.[pullquote size=\"medium\" align=\"right\" citation=\"Assemblymember Bill Essayli (R-Bakersfield)\"]‘We have to prioritize. If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.’[/pullquote]In May, after Newsom presented a bigger deficit than previously predicted, advocates pared down their proposal to instead seek a working group to study the issue. Still, that failed to make it into the budget.\u003c/p>\n\u003cp>Advocates with the Safety Net For All Coalition said they hoped lawmakers could still reach a deal to fund the working group during this\u003cstrong> \u003c/strong>legislative session.\u003c/p>\n\u003cp>That leaves relief still unavailable for California farmworkers — over half of whom are undocumented — still recovering from the winter floods, and the pandemic before them.\u003c/p>\n\u003cp>Jorge Ruiz, a Santa Maria area farmworker, is one of them. Usually, he works year-round, rotating between labor-intensive crops like lettuce, broccoli, grapes and other vegetables. Beginning in December, months of heavy rain cost him $3,000 to $4,000 in lost wages, he said. Plus his family is still recovering from the pandemic.\u003c/p>\n\u003cp>“Simply put, the government has tossed us aside,” Ruiz said in Spanish. “Even though we use all of our strength to get those products to the store, the government leaves us behind and doesn’t help us. So we are left without money.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Driving a tractor for his job in the Oxnard lettuce fields doesn’t make Arturo Villanueva rich, but it’s usually been enough to make rent and support his family.\u003c/p>\n\u003cp>Farm labor is the only thing the 37-year-old father of five says he knows how to do well. When months of rain flooded the fields and made most of his usual work in February and March impossible, he struggled to earn enough to cover rent and allow his family “to live well.”\u003c/p>\n\u003cp>His family cut back on the amount and type of food they purchased. They rarely left the house, to save money on gas. They tried to buy only what they absolutely needed.\u003c/p>\n\u003cp>Months later, Villanueva still isn’t working his usual hours because rainy weather delayed planting some crops by at least two months. California set aside \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">$95 million\u003c/a> in \u003ca href=\"https://www.cdss.ca.gov/inforesources/cdss-programs/immigration-services/immigrant-storm-services\">state funds\u003c/a> to help people like him \u003ca href=\"https://calmatters.org/california-divide/2023/05/california-flooding-fund/\">who lost work\u003c/a> or experienced hardships due to storms and floods, but Villanueva told CalMatters in June he didn’t know how to access it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“So many of us who work in the fields are undocumented,” he said in Spanish. “We who are the most affected receive the least. I would like there to be support for the undocumented workers — and not just those working in the fields.”\u003c/p>\n\u003cp>Villanueva can’t receive unemployment insurance because he’s undocumented — one of about \u003ca href=\"https://www.ppic.org/publication/immigrants-in-california/\">2.3 million Californians\u003c/a> whose immigration status bars them from receiving a variety of social safety net benefits.\u003c/p>\n\u003cp>His predicament illustrates the gaps that remain in California’s safety net for undocumented immigrants despite a two-decade-long expansion of social and health services.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘So many of us who work in the fields are undocumented. We who are the most affected receive the least. I would like there to be support for the undocumented workers.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a major reversal since the 1990s, California has opened up government programs to undocumented residents more than any other state — issuing driver’s licenses, college scholarships, low-income tax credits, direct cash aid during the pandemic and now Medi-Cal health coverage. In 2025 California will be the first state to issue food stamps to undocumented immigrants, allowing those 55 and older to qualify.\u003c/p>\n\u003cp>But budget realities are putting the brakes on other expansions that advocates want like a $330 million proposal to offer unemployment benefits to undocumented workers.\u003c/p>\n\u003cp>Lucas Zucker, co-executive director of the \u003ca href=\"https://causenow.org/\">Central Coast nonprofit CAUSE\u003c/a>, which advocates for working class and immigrant workers\u003cstrong>,\u003c/strong> said it can be a difficult hurdle to extend benefits because some Americans view immigrants primarily as a source of labor.\u003c/p>\n\u003cp>“Providing someone a social safety net when they’re not able to work is almost counterintuitive to this racist and kind of exploitative way that we’ve been viewing immigrants in this country,” Zucker said.\u003c/p>\n\u003cfigure id=\"attachment_11955364\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955364\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg\" alt=\"A man in a blue T-shirt walks through rows of lettuce crops in a field in Oxnard, California. The sky is gray above and farm equipment is seen in the background.\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers02-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Arturo Villanueva, 37, a tractor driver, walks through a lettuce field in Oxnard on July 2, 2023. \u003ccite>(Julie Leopo-Bermudez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California has worked around limits in federal law that bar many immigrants — those with and without legal status — from social programs. That has meant building its own, state-funded programs during years of flush budget surpluses.\u003c/p>\n\u003cp>But this year, lawmakers and Gov. Gavin Newsom had to plug a $31.5 billion deficit.\u003c/p>\n\u003cp>Newsom has backed several program expansions including public health coverage for immigrants, which will total $2.6 billion annually. But he has said he wants to avoid cutting services in deficit years, so he \u003ca href=\"https://calmatters.org/california-divide/2022/12/california-budget-deficit-safety-net/\">won’t commit\u003c/a> to further expanding programs unless the state has funds to sustain them long-term.\u003c/p>\n\u003cp>The proposal for an unemployment program for workers like Villanueva failed to gain funding in the state budget for the second year in a row. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB227\">A bill\u003c/a> to create the program at a cost of $330 million a year — not counting implementation costs — has passed the Senate and awaits a hearing in the Assembly Appropriations Committee. Newsom vetoed a similar measure last year.\u003c/p>\n\u003cp>“The Governor will weigh the merits of any bill that eventually reaches his desk,” Daniel Lopez, a spokesperson for Newsom, said in an email. “The state will continue to be a leader and uphold the dignity and respect of everyone who calls California home.”\u003c/p>\n\u003cp>Critics argue further expanding services to undocumented immigrants is financially unsustainable for the state.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>Assemblymember Bill Essayli, a Riverside Republican, opposes the unemployment proposal, saying the state should instead spend its funds paying off the existing unemployment system’s $20 billion loan from the federal government, to avoid raising payroll taxes on businesses.\u003c/p>\n\u003cp>“We have to prioritize,” he said. “If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still, to advocates, some proposals are popular enough with the Democratic supermajority to seem inevitable. Nourish California, a food policy advocacy group, is pushing the state to open its food stamps program to all low-income undocumented immigrants, regardless of age, said Betzabel Estudillo, director of engagement at Nourish California.\u003c/p>\n\u003cp>“The Legislature has been very supportive and so has the governor,” she said. “The question is about when.”\u003c/p>\n\u003cp>California’s 1.1 million undocumented workers \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/essential_fairness.pdf\">make up 6%\u003c/a> of its labor force, according to UC Merced’s Community and Labor Center.\u003c/p>\n\u003cp>In 2019, undocumented immigrants paid an estimated $3.7 billion in state and local taxes, \u003ca href=\"https://immigrantdataca.org/about\">according to\u003c/a> USC’s California Immigrant Data Portal.\u003c/p>\n\u003cp>And, like the rest of the population, immigrant workers are aging, so they’ll increasingly need retirement support and health care.\u003c/p>\n\u003cp>In a report this year UC Merced estimated 165,000 of \u003ca href=\"https://clc.ucmerced.edu/sites/clc.ucmerced.edu/files/page/documents/a_golden_age.pdf\">California’s undocumented workers\u003c/a> were older than 55 in 2019, the highest “since Mexican mass migration began in the 1970s.” Undocumented immigrants also make up \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">the largest share\u003c/a> of Californians without health insurance.\u003c/p>\n\u003cp>Leisy Abrego, chair of Chicana/o Studies at UCLA, said California has shown it can do more to help immigrants\u003cstrong> \u003c/strong>in the absence of federal immigration policy reform.\u003c/p>\n\u003cp>“There’s an economic need for immigrant labor, and California, they realize that that need is being met,” Abrego said. “And advocates are wanting to treat those people meeting those needs as human beings who also need health care, who also need educational opportunities.”\u003c/p>\n\u003ch2>California’s road to inclusion\u003c/h2>\n\u003cp>Before she qualified for full Medi-Cal coverage in 2022, Oliva Huerta had learned to live with little or sporadic medical care for a host of illnesses, including anxiety and pain linked to diabetes, high blood pressure and a cancer battle in the 1990s. Medi-Cal was paying for emergency care only.\u003c/p>\n\u003cp>At 61, she’s unable to do much besides care for her four grandkids while their parents work in Los Angeles.\u003c/p>\n\u003cp>But when staff at \u003ca href=\"https://locator.lacounty.gov/dcfs/Location/3173568/maternal-and-child-health-access\">Maternal and Child Health Access\u003c/a>, a health nonprofit in Los Angeles, helped Huerta switch her emergency coverage to full coverage, she noticed an immediate difference.\u003c/p>\n\u003cp>She was able to select a primary care doctor at the clinic where she usually went for specialist care. She could see a doctor for non-emergency care much quicker. Recently she scheduled a mammogram and consulted with a urologist in a virtual appointment.\u003cstrong> \u003c/strong>\u003c/p>\n\u003cp>“It can be hard for undocumented people,” Huerta said in Spanish. “I imagine a lot of other people are benefitting like we are.”\u003c/p>\n\u003cp>Medi-Cal began covering undocumented children in 2018 and adults up to age 26 in 2020. Last May, older undocumented immigrants like Huerta became eligible. She is \u003ca href=\"https://data.chhs.ca.gov/dataset/eligible-older-adult-expansion-individuals-enrolled-in-medi-cal/resource/7271b885-7340-49e2-ba56-5435b698a972\">one of nearly 350,000\u003c/a>\u003cstrong> \u003c/strong>who have signed up for full, state-funded coverage.\u003c/p>\n\u003cfigure id=\"attachment_11955365\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955365\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg\" alt=\"A woman with a relaxed expression poses with her hands clasped in front of her beside some large plants.\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/CalMattersFarmworkers03-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Oliva Huerta, outside the Maternal and Child Health Access office in Los Angeles on July 5, 2023. \u003ccite>(Julie A Hotz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Next January coverage will open to low-income immigrants of all ages; an estimated 700,000 will be eligible. The full-fledged expansion will cost $2.6 billion a year.\u003c/p>\n\u003cp>It marks a significant turnaround from the policy debates of 1994 when California voters passed a measure barring immigrants without legal status from public services such as non-emergency health care, elementary and secondary schools and public colleges.\u003c/p>\n\u003cp>The measure drew mass protests, but passed with 59% of the vote. A federal judge ultimately blocked it from taking effect on constitutional grounds. But activists saw xenophobic sentiments that galvanized them to rally around immigrants’ rights. Abrego said many Latino advocates and politicians today \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2019/11/looking-back-on-proposition-187-the-initiative-that-transformed-california-politics/\">remain fueled\u003c/a> by opposition to the policies of the 1990s.\u003c/p>\n\u003cp>In 2001, California became one of the first states to make undocumented students eligible for in-state tuition at public colleges, if they’d graduated from high school in-state. Ten years later, it allowed undocumented students to get state financial aid.\u003c/p>\n\u003cp>In 2013, California allowed undocumented residents to get driver’s licenses. \u003ca href=\"https://calmatters.org/california-divide/2023/01/drivers-licenses-undocumented-immigrants/\">More than 1 million\u003c/a> have received them since 2015.\u003c/p>\n\u003cp>In 2020, the state \u003ca href=\"https://www.gov.ca.gov/2020/09/18/governor-newsom-signs-bill-putting-money-back-into-the-pockets-of-more-california-workers-and-their-families/#:~:text=SACRAMENTO%20%E2%80%93%20Governor%20Gavin%20Newsom%20today,Child%20Tax%20Credit%20(YCTC).\">allowed\u003c/a> undocumented tax filers to receive the state’s earned income tax credit, returning thousands of dollars to low-income families each year. That year Californians \u003ca href=\"https://www.ftb.ca.gov/about-ftb/data-reports-plans/California-Earned-Income-Tax-Credit-and-Young-Child-Tax-credit-Report.pdf\">claimed $120 million more\u003c/a> in tax credits than the year before, according to the Franchise Tax Board.\u003c/p>\n\u003cp>Policymakers continue to make new proposals for immigrants living without legal status.\u003c/p>\n\u003cp>A bill \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1536\">introduced this year\u003c/a> would give undocumented residents access to the Cash Assistance Program for Immigrants, a state-funded\u003cstrong> \u003c/strong>benefit created for elderly and disabled residents who don’t qualify for Social Security because federal law bars most noncitizens.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB4\">Another bill\u003c/a> aims to let undocumented residents who earn too much to qualify for Medi-Cal get subsidized health insurance in the Covered California marketplace\u003cstrong>. \u003c/strong>That move would require federal approval.\u003c/p>\n\u003ch2>Immigrant poverty\u003c/h2>\n\u003cp>Poverty plunged in California from 16.4% in 2019 to nearly 12% in 2021, \u003ca href=\"https://calmatters.org/california-divide/2022/11/child-tax-credit/\">thanks to such pandemic aid programs\u003c/a> as expanded child tax credits and food and cash assistance, \u003ca href=\"https://www.ppic.org/publication/poverty-in-california/\">according to\u003c/a> the Public Policy Institute of California.\u003c/p>\n\u003cp>But undocumented immigrants were much harder hit. While 16% of immigrant Californians lived in poverty in 2021, 25% of undocumented immigrants did.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sciencedirect.com/science/article/pii/S1876285921003752#:~:text=Children%20in%20immigrant%20families%20are%20becoming%20a%20larger%20share%20of,of%20all%20children%20in%20poverty.&text=The%20vast%20majority%20of%20children,91%25)%20are%20US%20citizens.\">disparities extend\u003c/a> to immigrants’ children — many of whom are U.S.-born. Thirteen percent of children in immigrant families live in poverty in California, which is double the rate for children of parents who are U.S. citizens, according to Patricia Malagon, a Public Policy Institute researcher.\u003c/p>\n\u003cp>A March analysis by the Public Policy Institute predicts that fully expanding Medi-Cal next year could \u003ca href=\"https://www.ppic.org/publication/the-impact-of-health-insurance-on-poverty-in-california/\">lower poverty\u003c/a> among non-citizen Californians by up to 3%.\u003c/p>\n\u003cp>The programs that reduce poverty the most are tax credits and CalFresh — the state’s food stamps program, said Paulette Cha, a Public Policy Institute researcher.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>California already uses its own funds to \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">pay for food assistance\u003c/a> for about 35,000 legally present immigrants — primarily recent green card holders — who are barred from the traditional food stamps program by federal law.\u003c/p>\n\u003cp>Undocumented immigrants who are 55 and older \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-food-assistance/\">will qualify\u003c/a> in October 2025; administration officials said they \u003ca href=\"https://calmatters.org/politics/2023/05/california-budget-deficit-newsom/\">need time\u003c/a> to make computer system upgrades before enrolling new recipients. At its peak, the state estimates 75,000 older immigrants will get food assistance at a cost of $113 million annually.\u003c/p>\n\u003ch2>Unemployment benefits battle\u003c/h2>\n\u003cp>Advocates want California officials to commit to food stamps for undocumented immigrants of all ages. And they’re disappointed at the lack of action on unemployment benefits. Colorado and New York have started programs to pay jobless benefits to undocumented workers.\u003c/p>\n\u003cp>California lawmakers passed a bill last year to start a pilot program that would pay unemployment benefits to workers who are ineligible because of immigration status, but \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/AB-2847-VETO.pdf?emrc=87cd0d\">Newsom vetoed\u003c/a> it, citing costs amid signs of a deficit. This spring hundreds of activists and workers marched on the Capitol to demand the benefits, pointing to those who lost work in both the pandemic and this year’s floods.\u003c/p>\n\u003cp>A bill this year would give undocumented workers who lose work $300 in weekly benefits for up to 20 weeks, the maximum time allowed in the traditional unemployment program. Aside from the cost of benefits, the Economic Development Department estimates it would need at least $271 million to implement the program.\u003c/p>\u003c/div>",
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"content": "‘We have to prioritize. If you really care about getting people out of poverty, you’d help ease the burden on businesses so they can hire people and pay them living wages.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In May, after Newsom presented a bigger deficit than previously predicted, advocates pared down their proposal to instead seek a working group to study the issue. Still, that failed to make it into the budget.\u003c/p>\n\u003cp>Advocates with the Safety Net For All Coalition said they hoped lawmakers could still reach a deal to fund the working group during this\u003cstrong> \u003c/strong>legislative session.\u003c/p>\n\u003cp>That leaves relief still unavailable for California farmworkers — over half of whom are undocumented — still recovering from the winter floods, and the pandemic before them.\u003c/p>\n\u003cp>Jorge Ruiz, a Santa Maria area farmworker, is one of them. Usually, he works year-round, rotating between labor-intensive crops like lettuce, broccoli, grapes and other vegetables. Beginning in December, months of heavy rain cost him $3,000 to $4,000 in lost wages, he said. Plus his family is still recovering from the pandemic.\u003c/p>\n\u003cp>“Simply put, the government has tossed us aside,” Ruiz said in Spanish. “Even though we use all of our strength to get those products to the store, the government leaves us behind and doesn’t help us. So we are left without money.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE",
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"content": "\u003cp>A bill that would restrict California prisons from handing certain people over to immigration authorities upon their release gets its first hearing in the state Assembly this morning.\u003c/p>\n\u003cp>The bill, known as the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1306\">HOME Act\u003c/a>, takes a more targeted approach than its predecessor, the VISION Act, \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">which narrowly failed in the state Legislature\u003c/a> last August.\u003c/p>\n\u003cp>Rather than block all transfers from prison to U.S. Immigration and Customs Enforcement (ICE), the HOME Act would protect noncitizens from being turned over to federal authorities \u003cem>if \u003c/em>the governor has granted them clemency, or they’ve been released from prison due to any of several criminal justice reform laws recently enacted in California.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Wendy Carrillo (D-Echo Park), says that when the Legislature passed those reforms — aimed at \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\">reducing over-incarceration and racial disparities\u003c/a> in the criminal justice system, and \u003ca href=\"https://www.gov.ca.gov/2019/10/08/governor-newsom-signs-criminal-justice-bills-to-support-reentry-victims-of-crime-and-sentencing-reform/\">offering second chances\u003c/a> — she doesn’t believe lawmakers meant to exclude immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11946264\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11946264\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/GettyImages-1229455864-800x555.jpg\" alt='A Latina woman speaks into a microphone behind a dais with a sign that reads \"Los Angeles County Democratic Party.\"' width=\"800\" height=\"555\">\u003cfigcaption class=\"wp-caption-text\">Assemblymember Wendy Carrillo speaks during the Los Angeles County Democratic Party election night drive-in watch party at the Los Angeles Zoo parking lot on Tuesday, Nov. 3, 2020. \u003ccite>(Myung J. Chun/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yet the state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home,” she said. “It is a complete injustice in our judicial system.”\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents with green cards can lose their status and be deported if they have committed certain crimes. Undocumented immigrants who lack legal status are also deportable, though in recent years, \u003ca href=\"https://www.gov.ca.gov/2021/09/24/governor-newsom-signs-suite-of-legislation-to-support-californias-immigrant-communities-and-remove-outdated-term-alien-from-state-codes/\">California has enacted a range of policies to support all immigrants\u003c/a>, including those who are unauthorized.\u003c/p>\n\u003ch2>Legal tug-of-war\u003c/h2>\n\u003cp>One person who could have benefited from the HOME Act is \u003ca href=\"https://www.kqed.org/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war\">Sandra Castañeda, a Los Angeles woman who was released from prison in 2021, after 19 years behind bars\u003c/a>.\u003c/p>\n\u003cp>Castañeda had been convicted of second-degree murder in 2002 after a teenager was killed when a man fired from the window of Castañeda’s van as she drove acquaintances to Taco Bell. The shooter was never arrested, and, though she had no criminal record, Castañeda was sent away for 40 years-to-life for the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11946279\" class=\"wp-caption alignright\" style=\"max-width: 477px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11946279\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg\" alt=\"A white van seen behind a prison fence at the prison entrance as people stand beside it.\" width=\"477\" height=\"358\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg 477w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498-160x120.jpg 160w\" sizes=\"(max-width: 477px) 100vw, 477px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is loaded into a van from US Immigration and Customs Enforcement inside the gates of the California Institution for Women on the day of her release from prison, July 27, 2021. \u003ccite>(Courtesy of Colby Lenz/California Coalition for Women Prisoners)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in 2018 the state Legislature narrowed the “felony murder” law, which allowed for murder charges for people like Castañeda, who were present at a murder but did not themselves kill anyone. And a state judge vacated her conviction and ordered her freed.\u003c/p>\n\u003cp>Yet rather than let Castañeda go home to her family, prison officials arranged for ICE to take her into custody on the day of her release. She spent another year incarcerated at an ICE detention center in rural Georgia, fighting deportation.\u003c/p>\n\u003cp>Though Castañeda has been a legal U.S. resident since age 9, she had never become a citizen, and ICE officials argued that her conviction — even though it had been overturned — was grounds to remove her from the country. An immigration judge has since ruled she’s not deportable because she now has only a misdemeanor on her record, but ICE is appealing.\u003c/p>\n\u003ch2>Mending the heartbreak\u003c/h2>\n\u003cp>Castañeda, now 41, will testify at this morning’s state Assembly hearing, calling on lawmakers to pass the HOME Act and to allow people like herself, who’ve earned their release, to be able to return to their loved ones. (She not only had her conviction overturned, based on the change in the felony murder law, but also had her sentence commuted by Gov. Gavin Newsom and won early parole based on her rehabilitation.)\u003c/p>\n\u003cp>“I want them to see what they do to our families and to ourselves,” she said. “I want them to see the heartbreak.”\u003c/p>\n\u003cfigure id=\"attachment_11946280\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11946280\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg\" alt=\"A middle-aged Latina woman with a black shirt sits on a couch and smiles to the camera.\" width=\"800\" height=\"572\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1020x729.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1536x1098.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at home in Hawthorne, Los Angeles County, on Aug. 9, 2022, shortly after she was released from a year in immigration detention. Castañeda plans to testify to the state Assembly in favor of the HOME Act, a bill that would allow certain immigrants like herself to be protected from transfer to ICE upon their release from prison. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda recalled her own sense of fear and powerlessness when, after a years-long effort to be released and the uncertainty over how to build a new life as a free woman, she learned that she faced an immigration hold.\u003c/p>\n\u003cp>“You’re already dealing with the roller coaster emotions of coming home. And then they tell you, ‘Oh, never mind, you’re going to go to ICE.’ So now I’ve got to go sit at this place wondering if I’m going to get deported,” she recalled. “That really puts more stress on people. And being in the detention center, you hear about these people committing suicide because they don’t want to go back to their country. It’s a scary situation.”\u003c/p>\n\u003cp>The HOME Act, AB 1306, would bar prisons from handing over to ICE those noncitizens who are being released as a result of several recent criminal justice reform laws passed by the Legislature and signed by Newsom or his predecessor, Jerry Brown. They include:\u003c/p>\n\u003cul>\n\u003cli>People eligible for compassionate release or parole because they are older or suffering severe medical conditions.\u003c/li>\n\u003cli>People eligible for early parole after serving a set amount of time because their crimes were committed in their youth.\u003c/li>\n\u003cli>People whose crimes were a direct result of having been victims of sexual assault or domestic violence.\u003c/li>\n\u003cli>People eligible for release because they demonstrate that racial bias affected their case.\u003c/li>\n\u003cli>People, like Castañeda, eligible for resentencing because they were originally convicted under the felony murder rule but did not kill anyone.\u003c/li>\n\u003c/ul>\n\u003cp>The bill would also protect people whose sentences were commuted by the governor. And, where the unsuccessful \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">VISION Act also would have banned transfers from local jails to ICE\u003c/a>, the HOME Act only focuses on restricting transfers by the California Department of Corrections and Rehabilitation, or CDCR.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Immigration agents could still track people down once they are back in their communities, take them into custody and initiate deportation proceedings. But California authorities would be limiting their participation in the process. Illinois, Oregon and Washington, D.C., have already ended prison-to-ICE transfers.\u003c/p>\n\u003ch2>Law enforcement concerns\u003c/h2>\n\u003cp>A spokesperson for ICE said the agency does not comment on pending legislation. But on background, she added that immigration detainers, leading to transfers within the controlled environment of a prison or jail, are “a critical public safety tool” that conserves government resources and protects the public from the risk that the person will reoffend.\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration detainer\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.[pullquote align=\"right\" size=\"medium\" citation=\"Assemblymember Wendy Carrillo\"]‘[T]he state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home. It is a complete injustice in our judicial system.’[/pullquote]Police and sheriffs’ groups opposed the broader VISION Act in the last legislative session. In \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">a joint statement\u003c/a>, they said, “We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement.”\u003c/p>\n\u003cp>A spokesperson for the Peace Officers Research Association of California said the group’s board had not yet considered its stance on the HOME Act, which generally would not shield people deemed “dangerous” from ICE, but he expected board members to take it up at their next meeting.\u003c/p>\n\u003cp>The VISION Act failed in the state Senate last year by three votes, with all Republicans and three Democrats voting against it, as well as nine Democrats who did not vote.\u003c/p>\n\u003cp>None of the three Senate Democrats who opposed the VISION Act — Susan Eggman, Steve Glazer and Bill Dodd — would comment on the HOME Act.\u003c/p>\n\u003ch2>Ending double punishment\u003c/h2>\n\u003cp>Carrillo, author of both the VISION Act and the HOME Act, noted that this year’s version is much more narrowly focused, and that she’s hopeful it will win widespread support with last year’s holdouts and newly elected lawmakers.\u003c/p>\n\u003cp>“At the end of the day, we are saying that the state of California will treat all people equally, regardless of where they were born,” she said. “We also want the Biden administration to acknowledge what we’re doing in the state of California and figure out a way in which ICE is not being used as a tool to further incarcerate immigrants.”[aside postID=news_11938736 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg']Angela Chan, an immigration expert at the San Francisco Public Defender’s office who helped craft the bill, said the Legislature overwhelmingly supported the recent criminal justice reforms with a recognition that excessive sentencing was harming Black and Latino communities — and she hoped they would see that turning immigrants over to ICE subjects them to a double punishment.\u003c/p>\n\u003cp>The bill “gets our legislative members and the governor to really think about these individuals that are being turned over to ICE as human beings, as people who have gone through a lot … domestic violence survivors, young refugees, elderly folks, people with medical conditions,” she said. “And [it’s cause] for them to think about the harm to both these individuals and to their families and communities, when we allow our state resources to turn them over to ICE once they’ve earned release.”\u003c/p>\n\u003cp>Castañeda took time off from her job in a reentry program run by Homeboy Industries to catch a ride from LA to the state Capitol on Monday with Tin Nguyen, whose life sentence also was commuted by Newsom and who is also scheduled to address the Assembly Public Safety Committee.\u003c/p>\n\u003cp>“I’m working, helping my community as much as I can,” said Castañeda, who hopes to study and become an immigration law paralegal. “It’s sad that they want to go after people like that. We messed up and we’re trying to give back and fix it and help other people. I get it that not everybody comes with that mentality, but a lot of us do … We had to work hard to be able to get a second chance.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "The bill’s author, Assemblymember Wendy Carrillo, says California has created a 'dual system of justice' and that her bill would offer crucial protection to immigrants who have served their sentences so they can be given 'the opportunity to restart their lives and go home.'",
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"title": "California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE | KQED",
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"headline": "California Bill Would Protect Immigrants Freed Under Criminal Justice Reforms From Being Handed to ICE",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill that would restrict California prisons from handing certain people over to immigration authorities upon their release gets its first hearing in the state Assembly this morning.\u003c/p>\n\u003cp>The bill, known as the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1306\">HOME Act\u003c/a>, takes a more targeted approach than its predecessor, the VISION Act, \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">which narrowly failed in the state Legislature\u003c/a> last August.\u003c/p>\n\u003cp>Rather than block all transfers from prison to U.S. Immigration and Customs Enforcement (ICE), the HOME Act would protect noncitizens from being turned over to federal authorities \u003cem>if \u003c/em>the governor has granted them clemency, or they’ve been released from prison due to any of several criminal justice reform laws recently enacted in California.\u003c/p>\n\u003cp>The bill’s author, Assemblymember Wendy Carrillo (D-Echo Park), says that when the Legislature passed those reforms — aimed at \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\">reducing over-incarceration and racial disparities\u003c/a> in the criminal justice system, and \u003ca href=\"https://www.gov.ca.gov/2019/10/08/governor-newsom-signs-criminal-justice-bills-to-support-reentry-victims-of-crime-and-sentencing-reform/\">offering second chances\u003c/a> — she doesn’t believe lawmakers meant to exclude immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11946264\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11946264\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/GettyImages-1229455864-800x555.jpg\" alt='A Latina woman speaks into a microphone behind a dais with a sign that reads \"Los Angeles County Democratic Party.\"' width=\"800\" height=\"555\">\u003cfigcaption class=\"wp-caption-text\">Assemblymember Wendy Carrillo speaks during the Los Angeles County Democratic Party election night drive-in watch party at the Los Angeles Zoo parking lot on Tuesday, Nov. 3, 2020. \u003ccite>(Myung J. Chun/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yet the state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home,” she said. “It is a complete injustice in our judicial system.”\u003c/p>\n\u003cp>Under federal immigration law, even legal permanent residents with green cards can lose their status and be deported if they have committed certain crimes. Undocumented immigrants who lack legal status are also deportable, though in recent years, \u003ca href=\"https://www.gov.ca.gov/2021/09/24/governor-newsom-signs-suite-of-legislation-to-support-californias-immigrant-communities-and-remove-outdated-term-alien-from-state-codes/\">California has enacted a range of policies to support all immigrants\u003c/a>, including those who are unauthorized.\u003c/p>\n\u003ch2>Legal tug-of-war\u003c/h2>\n\u003cp>One person who could have benefited from the HOME Act is \u003ca href=\"https://www.kqed.org/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war\">Sandra Castañeda, a Los Angeles woman who was released from prison in 2021, after 19 years behind bars\u003c/a>.\u003c/p>\n\u003cp>Castañeda had been convicted of second-degree murder in 2002 after a teenager was killed when a man fired from the window of Castañeda’s van as she drove acquaintances to Taco Bell. The shooter was never arrested, and, though she had no criminal record, Castañeda was sent away for 40 years-to-life for the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11946279\" class=\"wp-caption alignright\" style=\"max-width: 477px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11946279\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg\" alt=\"A white van seen behind a prison fence at the prison entrance as people stand beside it.\" width=\"477\" height=\"358\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498.jpg 477w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64467_003_SandraCastaneda_IMG_1498-160x120.jpg 160w\" sizes=\"(max-width: 477px) 100vw, 477px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is loaded into a van from US Immigration and Customs Enforcement inside the gates of the California Institution for Women on the day of her release from prison, July 27, 2021. \u003ccite>(Courtesy of Colby Lenz/California Coalition for Women Prisoners)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in 2018 the state Legislature narrowed the “felony murder” law, which allowed for murder charges for people like Castañeda, who were present at a murder but did not themselves kill anyone. And a state judge vacated her conviction and ordered her freed.\u003c/p>\n\u003cp>Yet rather than let Castañeda go home to her family, prison officials arranged for ICE to take her into custody on the day of her release. She spent another year incarcerated at an ICE detention center in rural Georgia, fighting deportation.\u003c/p>\n\u003cp>Though Castañeda has been a legal U.S. resident since age 9, she had never become a citizen, and ICE officials argued that her conviction — even though it had been overturned — was grounds to remove her from the country. An immigration judge has since ruled she’s not deportable because she now has only a misdemeanor on her record, but ICE is appealing.\u003c/p>\n\u003ch2>Mending the heartbreak\u003c/h2>\n\u003cp>Castañeda, now 41, will testify at this morning’s state Assembly hearing, calling on lawmakers to pass the HOME Act and to allow people like herself, who’ve earned their release, to be able to return to their loved ones. (She not only had her conviction overturned, based on the change in the felony murder law, but also had her sentence commuted by Gov. Gavin Newsom and won early parole based on her rehabilitation.)\u003c/p>\n\u003cp>“I want them to see what they do to our families and to ourselves,” she said. “I want them to see the heartbreak.”\u003c/p>\n\u003cfigure id=\"attachment_11946280\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11946280\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg\" alt=\"A middle-aged Latina woman with a black shirt sits on a couch and smiles to the camera.\" width=\"800\" height=\"572\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-800x572.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1020x729.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut-1536x1098.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/04/RS64472_006_SandraCastaneda_IMG_7079-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at home in Hawthorne, Los Angeles County, on Aug. 9, 2022, shortly after she was released from a year in immigration detention. Castañeda plans to testify to the state Assembly in favor of the HOME Act, a bill that would allow certain immigrants like herself to be protected from transfer to ICE upon their release from prison. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda recalled her own sense of fear and powerlessness when, after a years-long effort to be released and the uncertainty over how to build a new life as a free woman, she learned that she faced an immigration hold.\u003c/p>\n\u003cp>“You’re already dealing with the roller coaster emotions of coming home. And then they tell you, ‘Oh, never mind, you’re going to go to ICE.’ So now I’ve got to go sit at this place wondering if I’m going to get deported,” she recalled. “That really puts more stress on people. And being in the detention center, you hear about these people committing suicide because they don’t want to go back to their country. It’s a scary situation.”\u003c/p>\n\u003cp>The HOME Act, AB 1306, would bar prisons from handing over to ICE those noncitizens who are being released as a result of several recent criminal justice reform laws passed by the Legislature and signed by Newsom or his predecessor, Jerry Brown. They include:\u003c/p>\n\u003cul>\n\u003cli>People eligible for compassionate release or parole because they are older or suffering severe medical conditions.\u003c/li>\n\u003cli>People eligible for early parole after serving a set amount of time because their crimes were committed in their youth.\u003c/li>\n\u003cli>People whose crimes were a direct result of having been victims of sexual assault or domestic violence.\u003c/li>\n\u003cli>People eligible for release because they demonstrate that racial bias affected their case.\u003c/li>\n\u003cli>People, like Castañeda, eligible for resentencing because they were originally convicted under the felony murder rule but did not kill anyone.\u003c/li>\n\u003c/ul>\n\u003cp>The bill would also protect people whose sentences were commuted by the governor. And, where the unsuccessful \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">VISION Act also would have banned transfers from local jails to ICE\u003c/a>, the HOME Act only focuses on restricting transfers by the California Department of Corrections and Rehabilitation, or CDCR.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Immigration agents could still track people down once they are back in their communities, take them into custody and initiate deportation proceedings. But California authorities would be limiting their participation in the process. Illinois, Oregon and Washington, D.C., have already ended prison-to-ICE transfers.\u003c/p>\n\u003ch2>Law enforcement concerns\u003c/h2>\n\u003cp>A spokesperson for ICE said the agency does not comment on pending legislation. But on background, she added that immigration detainers, leading to transfers within the controlled environment of a prison or jail, are “a critical public safety tool” that conserves government resources and protects the public from the risk that the person will reoffend.\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration detainer\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.\u003c/p>\u003c/div>",
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"content": "‘[T]he state of California has created a dual system of justice, which treats immigrants differently after they have paid their debt to society and have been paroled. They are not given the opportunity to restart their lives and go home. It is a complete injustice in our judicial system.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Police and sheriffs’ groups opposed the broader VISION Act in the last legislative session. In \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">a joint statement\u003c/a>, they said, “We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement.”\u003c/p>\n\u003cp>A spokesperson for the Peace Officers Research Association of California said the group’s board had not yet considered its stance on the HOME Act, which generally would not shield people deemed “dangerous” from ICE, but he expected board members to take it up at their next meeting.\u003c/p>\n\u003cp>The VISION Act failed in the state Senate last year by three votes, with all Republicans and three Democrats voting against it, as well as nine Democrats who did not vote.\u003c/p>\n\u003cp>None of the three Senate Democrats who opposed the VISION Act — Susan Eggman, Steve Glazer and Bill Dodd — would comment on the HOME Act.\u003c/p>\n\u003ch2>Ending double punishment\u003c/h2>\n\u003cp>Carrillo, author of both the VISION Act and the HOME Act, noted that this year’s version is much more narrowly focused, and that she’s hopeful it will win widespread support with last year’s holdouts and newly elected lawmakers.\u003c/p>\n\u003cp>“At the end of the day, we are saying that the state of California will treat all people equally, regardless of where they were born,” she said. “We also want the Biden administration to acknowledge what we’re doing in the state of California and figure out a way in which ICE is not being used as a tool to further incarcerate immigrants.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Angela Chan, an immigration expert at the San Francisco Public Defender’s office who helped craft the bill, said the Legislature overwhelmingly supported the recent criminal justice reforms with a recognition that excessive sentencing was harming Black and Latino communities — and she hoped they would see that turning immigrants over to ICE subjects them to a double punishment.\u003c/p>\n\u003cp>The bill “gets our legislative members and the governor to really think about these individuals that are being turned over to ICE as human beings, as people who have gone through a lot … domestic violence survivors, young refugees, elderly folks, people with medical conditions,” she said. “And [it’s cause] for them to think about the harm to both these individuals and to their families and communities, when we allow our state resources to turn them over to ICE once they’ve earned release.”\u003c/p>\n\u003cp>Castañeda took time off from her job in a reentry program run by Homeboy Industries to catch a ride from LA to the state Capitol on Monday with Tin Nguyen, whose life sentence also was commuted by Newsom and who is also scheduled to address the Assembly Public Safety Committee.\u003c/p>\n\u003cp>“I’m working, helping my community as much as I can,” said Castañeda, who hopes to study and become an immigration law paralegal. “It’s sad that they want to go after people like that. We messed up and we’re trying to give back and fix it and help other people. I get it that not everybody comes with that mentality, but a lot of us do … We had to work hard to be able to get a second chance.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>Update, 2 p.m. Thursday: \u003c/b>The four hunger strikers, transferred this week from California to an El Paso detention facility, ate lunch on Thursday after reportedly being threatened with force-feeding, one of their attorneys said.\u003c/p>\n\u003cp>\u003cb>Original story, 12 p.m. Thursday: \u003c/b>Four California detainees participating in a hunger strike to protest conditions inside a Kern County immigration jail were forcibly transferred this week to a Texas detention center, ostensibly for medical care.\u003c/p>\n\u003cp>Advocates for the men, who had not eaten food for 20 days, say they believe the transfers are an attempt to break up the hunger strike, which involves dozens of detainees at two U.S. Immigration and Customs Enforcement facilities in the Central Valley. Lawyers for the hunger strikers have asked a judge to order ICE not to relocate the men or retaliate against them.[pullquote align=\"right\" size=\"medium\" citation=\"Edwin Carmona-Cruz, spokesperson, California Collaborative for Immigrant Justice\"]‘People are very afraid, very shaken up. In fact, one of the individuals said that it was literally like a terror scene out of a movie.’[/pullquote]“It’s evident that ICE operates as a rogue agency and does whatever they want,” said Edwin Carmona-Cruz, spokesperson for the California Collaborative for Immigrant Justice (CCIJ), which represents Pedro Figueroa, one of the four men who were transferred. “If they were really concerned about our client’s safety, they would have paid attention and listened to his grievances.”\u003c/p>\n\u003cp>The transfer of the men out of the Mesa Verde ICE Processing Center in Bakersfield began Tuesday morning and was partially captured on a video call between Figueroa and attorney, Eva Umejido, who in a legal declaration said she spotted several officers in military gear walking around the dorm. Then the screen shook and the video paused but the audio stream continued, Umejido said, and she could hear Figueroa screaming, “You’re hurting my wrist,” and “I am not resisting.”\u003c/p>\n\u003cp>Advocates say the attorney-client phone line was inoperable for several hours while the men were being seized, so other detainees were unable to reach their lawyers and tell them what was happening.\u003c/p>\n\u003cfigure id=\"attachment_11943110\" class=\"wp-caption alignright\" style=\"max-width: 309px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11943110\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\" alt=\"A screenshot of a video call, showing a blurred faced of a detained man, with a glimpse of a guard in military gear in the background.\" width=\"309\" height=\"392\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png 472w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m.-160x203.png 160w\" sizes=\"auto, (max-width: 309px) 100vw, 309px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A hunger striker in the Mesa Verde ICE Processing Center participates in a video call on March 7, 2023, just before he and three other men are handcuffed and removed from the dormitory and transferred to a facility in El Paso, Texas. An ICE agent in tactical gear can be seen in the background. The detained man’s face has been blurred to protect his identity because he fears retaliation by ICE officials. \u003ccite>(Photo obtained by KQED from a hunger-strike supporter)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hours later, lawyers for the four men received emails from ICE saying their clients were “being transferred based on the recommendation by the onsite medical authority to the IHSC facility located in El Paso, Texas, for a higher level of medical care.”\u003c/p>\n\u003cp>On Wednesday, one of the men transferred to El Paso told advocates he was shocked and profoundly demoralized by what he called inhumane treatment.\u003c/p>\n\u003cp>“They dragged [one of us] out of the cell. What are we? If we’re not human beings, then what are we to them?” said the man, who declined to be identified out of fear of further retaliation. “If there’s a law that protects us to do a peaceful protest, where is that law now? I’ve never experienced anything like that. I had never been touched like that, treated like that.”\u003c/p>\n\u003cp>California Sen. Alex Padilla and Rep. Zoe Lofgren (D-San José), who have called on ICE to investigate conditions at the Mesa Verde facility and the nearby Golden State Annex, asked the agency on Tuesday for information about the transfers but had not received a response as of midday Thursday, according to their offices.\u003c/p>\n\u003cp>Lofgren has also said she wants ICE to conduct a case-by-case review of each of the hunger strikers’ requests to be released while their cases proceed through immigration court.\u003c/p>\n\u003cp>“Honestly, if somebody goes on a hunger strike, it’s not for a frivolous reason,” she told KQED. “To refuse all food — people don’t do that for no reason. And so I take this very seriously, and I hope that the department will take it more seriously than they have so far.”\u003c/p>\n\u003cp>ICE did not respond to KQED’s questions about the transferred men or the other hunger strikers at the two facilities.\u003c/p>\n\u003cp>The hunger strike began on Feb. 17, among 84 immigrants held at the two detention centers, which are owned and operated by the private-prison company The GEO Group. The action marks an escalation of a 10-month-long labor strike in protest over $1-per-day pay for the janitorial work done by detainees. Strikers say they are also protesting poor conditions — including claims of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation — and are asking to be released.[aside label=\"Related Stories\" postID=\"news_11942414,news_11941677,news_11919161\"]On Tuesday, when the transfers happened, 33 men were still fasting in the two facilities. But on Wednesday, the Mesa Verde hunger strikers gave up their protest out of fear they would also be shipped away, advocates said. Those participating in the protest at Golden State Annex were reportedly still refusing food.\u003c/p>\n\u003cp>“People are very afraid, very shaken up,” Carmona-Cruz said. “In fact, one of the individuals said that it was literally like a terror scene out of a movie.”\u003c/p>\n\u003cp>Carmona-Cruz said he was able to speak Wednesday morning with Figueroa, a formerly incarcerated California firefighter, and another man who was also transferred to the El Paso Service Processing Center. He said both men were weak, and distressed by the experience. And both told him that ICE officials had let them know they planned to request a court order to force-feed them and draw their blood.\u003c/p>\n\u003cp>According to ICE detention policy, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/4-2.pdf\">the agency must obtain a court order to administer “involuntary sustenance” (PDF)\u003c/a>.\u003c/p>\n\u003cp>In 2019, in response to \u003ca href=\"https://www.kqed.org/news/11731457/indian-asylum-seekers-in-ice-detention-seek-release-as-hunger-strike-enters-third-month\">ICE’s force-feeding of several Indian men\u003c/a> at the El Paso facility, the \u003ca href=\"https://apnews.com/article/immigration-united-nations-north-america-tx-state-wire-united-states-e0941d7d1b0d413b9d9a0b792c34dd26\">United Nations human rights office\u003c/a> said that subjecting detained immigrants to such coercive procedures could be in breach of the U.N. Convention Against Torture.\u003c/p>\n\u003cp>If any of the California hunger strikers needed medical care, they should have been transferred to a local hospital, not flown to El Paso, Carmona-Cruz said. Instead, he said, the men told him they were transported by van and airplane to Texas, with no medical personnel involved.\u003c/p>\n\u003cp>“There was no medical attention in that process. So none of the reasoning why they were being transferred makes any sense,” he said. “It’s clear to us that the facility is retaliating against Pedro under the guise of medical care.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Update, 2 p.m. Thursday: \u003c/b>The four hunger strikers, transferred this week from California to an El Paso detention facility, ate lunch on Thursday after reportedly being threatened with force-feeding, one of their attorneys said.\u003c/p>\n\u003cp>\u003cb>Original story, 12 p.m. Thursday: \u003c/b>Four California detainees participating in a hunger strike to protest conditions inside a Kern County immigration jail were forcibly transferred this week to a Texas detention center, ostensibly for medical care.\u003c/p>\n\u003cp>Advocates for the men, who had not eaten food for 20 days, say they believe the transfers are an attempt to break up the hunger strike, which involves dozens of detainees at two U.S. Immigration and Customs Enforcement facilities in the Central Valley. Lawyers for the hunger strikers have asked a judge to order ICE not to relocate the men or retaliate against them.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“It’s evident that ICE operates as a rogue agency and does whatever they want,” said Edwin Carmona-Cruz, spokesperson for the California Collaborative for Immigrant Justice (CCIJ), which represents Pedro Figueroa, one of the four men who were transferred. “If they were really concerned about our client’s safety, they would have paid attention and listened to his grievances.”\u003c/p>\n\u003cp>The transfer of the men out of the Mesa Verde ICE Processing Center in Bakersfield began Tuesday morning and was partially captured on a video call between Figueroa and attorney, Eva Umejido, who in a legal declaration said she spotted several officers in military gear walking around the dorm. Then the screen shook and the video paused but the audio stream continued, Umejido said, and she could hear Figueroa screaming, “You’re hurting my wrist,” and “I am not resisting.”\u003c/p>\n\u003cp>Advocates say the attorney-client phone line was inoperable for several hours while the men were being seized, so other detainees were unable to reach their lawyers and tell them what was happening.\u003c/p>\n\u003cfigure id=\"attachment_11943110\" class=\"wp-caption alignright\" style=\"max-width: 309px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11943110\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png\" alt=\"A screenshot of a video call, showing a blurred faced of a detained man, with a glimpse of a guard in military gear in the background.\" width=\"309\" height=\"392\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m..png 472w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/Captura-de-Pantalla-2023-03-07-a-las-12.32.38-p.-m.-160x203.png 160w\" sizes=\"auto, (max-width: 309px) 100vw, 309px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A hunger striker in the Mesa Verde ICE Processing Center participates in a video call on March 7, 2023, just before he and three other men are handcuffed and removed from the dormitory and transferred to a facility in El Paso, Texas. An ICE agent in tactical gear can be seen in the background. The detained man’s face has been blurred to protect his identity because he fears retaliation by ICE officials. \u003ccite>(Photo obtained by KQED from a hunger-strike supporter)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hours later, lawyers for the four men received emails from ICE saying their clients were “being transferred based on the recommendation by the onsite medical authority to the IHSC facility located in El Paso, Texas, for a higher level of medical care.”\u003c/p>\n\u003cp>On Wednesday, one of the men transferred to El Paso told advocates he was shocked and profoundly demoralized by what he called inhumane treatment.\u003c/p>\n\u003cp>“They dragged [one of us] out of the cell. What are we? If we’re not human beings, then what are we to them?” said the man, who declined to be identified out of fear of further retaliation. “If there’s a law that protects us to do a peaceful protest, where is that law now? I’ve never experienced anything like that. I had never been touched like that, treated like that.”\u003c/p>\n\u003cp>California Sen. Alex Padilla and Rep. Zoe Lofgren (D-San José), who have called on ICE to investigate conditions at the Mesa Verde facility and the nearby Golden State Annex, asked the agency on Tuesday for information about the transfers but had not received a response as of midday Thursday, according to their offices.\u003c/p>\n\u003cp>Lofgren has also said she wants ICE to conduct a case-by-case review of each of the hunger strikers’ requests to be released while their cases proceed through immigration court.\u003c/p>\n\u003cp>“Honestly, if somebody goes on a hunger strike, it’s not for a frivolous reason,” she told KQED. “To refuse all food — people don’t do that for no reason. And so I take this very seriously, and I hope that the department will take it more seriously than they have so far.”\u003c/p>\n\u003cp>ICE did not respond to KQED’s questions about the transferred men or the other hunger strikers at the two facilities.\u003c/p>\n\u003cp>The hunger strike began on Feb. 17, among 84 immigrants held at the two detention centers, which are owned and operated by the private-prison company The GEO Group. The action marks an escalation of a 10-month-long labor strike in protest over $1-per-day pay for the janitorial work done by detainees. Strikers say they are also protesting poor conditions — including claims of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation — and are asking to be released.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>On Tuesday, when the transfers happened, 33 men were still fasting in the two facilities. But on Wednesday, the Mesa Verde hunger strikers gave up their protest out of fear they would also be shipped away, advocates said. Those participating in the protest at Golden State Annex were reportedly still refusing food.\u003c/p>\n\u003cp>“People are very afraid, very shaken up,” Carmona-Cruz said. “In fact, one of the individuals said that it was literally like a terror scene out of a movie.”\u003c/p>\n\u003cp>Carmona-Cruz said he was able to speak Wednesday morning with Figueroa, a formerly incarcerated California firefighter, and another man who was also transferred to the El Paso Service Processing Center. He said both men were weak, and distressed by the experience. And both told him that ICE officials had let them know they planned to request a court order to force-feed them and draw their blood.\u003c/p>\n\u003cp>According to ICE detention policy, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/4-2.pdf\">the agency must obtain a court order to administer “involuntary sustenance” (PDF)\u003c/a>.\u003c/p>\n\u003cp>In 2019, in response to \u003ca href=\"https://www.kqed.org/news/11731457/indian-asylum-seekers-in-ice-detention-seek-release-as-hunger-strike-enters-third-month\">ICE’s force-feeding of several Indian men\u003c/a> at the El Paso facility, the \u003ca href=\"https://apnews.com/article/immigration-united-nations-north-america-tx-state-wire-united-states-e0941d7d1b0d413b9d9a0b792c34dd26\">United Nations human rights office\u003c/a> said that subjecting detained immigrants to such coercive procedures could be in breach of the U.N. Convention Against Torture.\u003c/p>\n\u003cp>If any of the California hunger strikers needed medical care, they should have been transferred to a local hospital, not flown to El Paso, Carmona-Cruz said. Instead, he said, the men told him they were transported by van and airplane to Texas, with no medical personnel involved.\u003c/p>\n\u003cp>“There was no medical attention in that process. So none of the reasoning why they were being transferred makes any sense,” he said. “It’s clear to us that the facility is retaliating against Pedro under the guise of medical care.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cp>A hunger strike at two California immigration detention centers is entering its third week, and immigrant advocates say U.S. Immigration and Customs Enforcement is failing to properly consider the strikers’ requests to be released.\u003c/p>\n\u003cp>In \u003ca href=\"https://drive.google.com/file/d/1Qh8crond_WqElmsVd5K5WQAcXTRQ3El-/view\">a letter to ICE leadership\u003c/a> Wednesday, more than 100 faith-based groups, civil rights organizations and legal service providers charged that ICE is violating its own policies by not giving a thorough individual review to each detainee’s request to be released.\u003c/p>\n\u003cp>The \u003ca href=\"https://sites.google.com/ccijustice.org/mv-gsahungerstrike/home-eng?authuser=0#h.8gvmu8x9j0xs\">hunger strike began Feb. 17 with 84 men held at two for-profit detention centers\u003c/a> in Kern County, the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland, according to advocates in close touch with the detainees.\u003c/p>\n\u003cp>The men are protesting what they call “soul-crushing” living and working conditions, and launched the hunger strike as an escalation of a 10-month-long labor strike, over $1-per-day pay for janitorial work. They also complain of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation.\u003c/p>\n\u003cp>An ICE spokesperson last week confirmed the hunger strike, saying it became official under agency policy as of the evening of Feb. 19, after detainees had missed nine consecutive meals. Under ICE standards, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">medical staff are required to carefully monitor the health of hunger strikers in detention (PDF)\u003c/a>.\u003c/p>\n\u003cp>ICE officials declined to comment for this story or to say how many people it considers to be on hunger strike at the two facilities.[pullquote align=\"right\" size=\"medium\" citation=\"Aseem Mehta, attorney, Asian Law Caucus\"]'For almost one year now, the individuals in these facilities have been attempting to negotiate with ICE for better treatment ... And ICE and GEO have stonewalled them all along the way.'[/pullquote]On Thursday, roughly 40 of the men were continuing to refuse food and had only consumed liquids for 14 days, according to Aseem Mehta, attorney with the Asian Law Caucus in San Francisco who is representing the hunger strikers in \u003ca href=\"https://www.kqed.org/news/11941677/until-we-drop-hunger-strike-enters-second-week-as-immigrants-in-ice-detention-protest-conditions\">a lawsuit filed last week\u003c/a>.\u003c/p>\n\u003cp>The class-action suit alleges that ICE and The GEO Group, the company that owns and operates the prisons, have \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">tried to punish the hunger strikers (PDF)\u003c/a> by placing them in solitary confinement and denying them family visits, yard time and access to church and the law library. The retaliation violates the detainees’ First Amendment right to protest their conditions, according to the complaint.\u003c/p>\n\u003cp>“It didn't have to get to this point,” said Mehta. “For almost one year now, the individuals in these facilities have been attempting to negotiate with ICE for better treatment, better conditions and better care at the facilities. And ICE and GEO have stonewalled them all along the way.”\u003c/p>\n\u003cp>The men ultimately decided that the only thing they would accept is release from detention and that they would stop eating until they are released, he said.\u003c/p>\n\u003cp>Accordingly, 38 of the men have filed petitions with the help of lawyers — and dozens of others submitted them on their own — asking to be released while their cases proceed through the immigration courts, said Mehta.\u003c/p>\n\u003cp>Under U.S. law, certain asylum seekers, and noncitizens convicted of certain crimes, are subject to \u003ca href=\"https://crsreports.congress.gov/product/pdf/IF/IF11343\">mandatory detention while they are in deportation proceedings (PDF)\u003c/a>. But immigration attorneys argue — and ICE's own guidance states — that \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">ICE has inherent “prosecutorial discretion” to release individuals on a case-by-case basis\u003c/a>.[aside label=\"Related Stories\" postID=\"news_11941677,news_11938736\"]“ICE has the discretion and the authority to release every single one of these individuals,” said Mehta.\u003c/p>\n\u003cp>In their letter to ICE, the advocates asserted that the agency “can and must use its professional judgment to evaluate enforcement decisions in every individual case.” But they say ICE has denied nearly all of the hunger strikers’ release requests, so quickly, in many cases, that ICE could not have reviewed the evidence submitted.\u003c/p>\n\u003cp>In one example given, an individual submitted more than 200 pages of evidence in favor of release, but the request was denied just 19 minutes after it was filed. In another, a request was denied after 77 minutes, despite the fact that it included more than 100 pages of documentation.\u003c/p>\n\u003cp>“ICE has summarily denied or ignored every one of those requests, and this letter is calling upon ICE to follow the law and follow their own guidance to take an individualized review of every single request that's made to them,” said Mehta. “At bottom [ICE detainees] have a constitutional right to fair treatment and due process, and that right overrides any other consideration under the immigration laws.”\u003c/p>\n\u003cp>Meanwhile, in Louisiana, an estimated 300 immigrants detained at the Central Louisiana ICE Processing Center launched a hunger strike Thursday, demanding improved conditions and calling for their own release, according to Detention Watch Network, a coalition that seeks to end ICE detention. The detainees allege the facility, which is operated by The GEO Group, is moldy and unsanitary, and that they are not provided sufficient hygiene supplies such as toilet paper and toothpaste, according to the coalition.\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "About 40 men at two California detention centers are on their 15th day without food, advocates say. In a letter to ICE this week, they accuse ICE of violating its own policies by not giving each release request a thorough, individual review.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A hunger strike at two California immigration detention centers is entering its third week, and immigrant advocates say U.S. Immigration and Customs Enforcement is failing to properly consider the strikers’ requests to be released.\u003c/p>\n\u003cp>In \u003ca href=\"https://drive.google.com/file/d/1Qh8crond_WqElmsVd5K5WQAcXTRQ3El-/view\">a letter to ICE leadership\u003c/a> Wednesday, more than 100 faith-based groups, civil rights organizations and legal service providers charged that ICE is violating its own policies by not giving a thorough individual review to each detainee’s request to be released.\u003c/p>\n\u003cp>The \u003ca href=\"https://sites.google.com/ccijustice.org/mv-gsahungerstrike/home-eng?authuser=0#h.8gvmu8x9j0xs\">hunger strike began Feb. 17 with 84 men held at two for-profit detention centers\u003c/a> in Kern County, the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland, according to advocates in close touch with the detainees.\u003c/p>\n\u003cp>The men are protesting what they call “soul-crushing” living and working conditions, and launched the hunger strike as an escalation of a 10-month-long labor strike, over $1-per-day pay for janitorial work. They also complain of black mold, spoiled food, sexually abusive pat-downs and the use of solitary confinement as retaliation.\u003c/p>\n\u003cp>An ICE spokesperson last week confirmed the hunger strike, saying it became official under agency policy as of the evening of Feb. 19, after detainees had missed nine consecutive meals. Under ICE standards, \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">medical staff are required to carefully monitor the health of hunger strikers in detention (PDF)\u003c/a>.\u003c/p>\n\u003cp>ICE officials declined to comment for this story or to say how many people it considers to be on hunger strike at the two facilities.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>On Thursday, roughly 40 of the men were continuing to refuse food and had only consumed liquids for 14 days, according to Aseem Mehta, attorney with the Asian Law Caucus in San Francisco who is representing the hunger strikers in \u003ca href=\"https://www.kqed.org/news/11941677/until-we-drop-hunger-strike-enters-second-week-as-immigrants-in-ice-detention-protest-conditions\">a lawsuit filed last week\u003c/a>.\u003c/p>\n\u003cp>The class-action suit alleges that ICE and The GEO Group, the company that owns and operates the prisons, have \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">tried to punish the hunger strikers (PDF)\u003c/a> by placing them in solitary confinement and denying them family visits, yard time and access to church and the law library. The retaliation violates the detainees’ First Amendment right to protest their conditions, according to the complaint.\u003c/p>\n\u003cp>“It didn't have to get to this point,” said Mehta. “For almost one year now, the individuals in these facilities have been attempting to negotiate with ICE for better treatment, better conditions and better care at the facilities. And ICE and GEO have stonewalled them all along the way.”\u003c/p>\n\u003cp>The men ultimately decided that the only thing they would accept is release from detention and that they would stop eating until they are released, he said.\u003c/p>\n\u003cp>Accordingly, 38 of the men have filed petitions with the help of lawyers — and dozens of others submitted them on their own — asking to be released while their cases proceed through the immigration courts, said Mehta.\u003c/p>\n\u003cp>Under U.S. law, certain asylum seekers, and noncitizens convicted of certain crimes, are subject to \u003ca href=\"https://crsreports.congress.gov/product/pdf/IF/IF11343\">mandatory detention while they are in deportation proceedings (PDF)\u003c/a>. But immigration attorneys argue — and ICE's own guidance states — that \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">ICE has inherent “prosecutorial discretion” to release individuals on a case-by-case basis\u003c/a>.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“ICE has the discretion and the authority to release every single one of these individuals,” said Mehta.\u003c/p>\n\u003cp>In their letter to ICE, the advocates asserted that the agency “can and must use its professional judgment to evaluate enforcement decisions in every individual case.” But they say ICE has denied nearly all of the hunger strikers’ release requests, so quickly, in many cases, that ICE could not have reviewed the evidence submitted.\u003c/p>\n\u003cp>In one example given, an individual submitted more than 200 pages of evidence in favor of release, but the request was denied just 19 minutes after it was filed. In another, a request was denied after 77 minutes, despite the fact that it included more than 100 pages of documentation.\u003c/p>\n\u003cp>“ICE has summarily denied or ignored every one of those requests, and this letter is calling upon ICE to follow the law and follow their own guidance to take an individualized review of every single request that's made to them,” said Mehta. “At bottom [ICE detainees] have a constitutional right to fair treatment and due process, and that right overrides any other consideration under the immigration laws.”\u003c/p>\n\u003cp>Meanwhile, in Louisiana, an estimated 300 immigrants detained at the Central Louisiana ICE Processing Center launched a hunger strike Thursday, demanding improved conditions and calling for their own release, according to Detention Watch Network, a coalition that seeks to end ICE detention. The detainees allege the facility, which is operated by The GEO Group, is moldy and unsanitary, and that they are not provided sufficient hygiene supplies such as toilet paper and toothpaste, according to the coalition.\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "¿Qué es el programa de acción diferida de la administración Biden para trabajadores indocumentados?",
"headTitle": "KQED News",
"content": "\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11940316/fear-of-deportation-keeps-some-workers-from-reporting-labor-abuses-a-new-biden-program-aims-to-change-that\">Leer en inglés\u003c/a>\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Ir a:\u003c/strong> \u003ca href=\"#funciona\">\u003cstrong>Cómo funciona la solicitud de acción diferida\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A medida que progresan las investigaciones sobre posibles violaciones laborales en las dos granjas de hongos de Half Moon Bay donde se produjo un tiroteo masivo el mes pasado, los abogados laborales y de inmigración del Área de la Bahía dicen que están tratando de correr la voz sobre las nuevas protecciones federales anunciadas recientemente por la administración del presidente Biden que podrían proteger a los trabajadores indocumentados de la deportación si hablan sobre los abusos en su lugar de trabajo.\u003c/p>\n\u003cp>Cuando el gobernador Gavin Newsom visitó Half Moon Bay tras la matanza del 23 de enero, \u003ca href=\"https://www.kqed.org/news/11938972/7-killed-in-monday-shooting-massacre-in-half-moon-bay\">la cual cobró la vida de siete trabajadores agrícolas inmigrantes,\u003c/a> expresó su conmoción al enterarse que los empleados vivieran en contenedores de transporte y dijo que algunos le habían contado que ganaban sólo 9 dólares la hora.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Patricia Ortiz, Directora jurídica del programa de inmigración, California Rural Legal Assistance\"]\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable. Están en zonas rurales, donde tal vez están aislados de la información a la que tienen acceso las personas en otras partes del estado, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".[/pullquote]\u003c/p>\n\u003cp>\"¿Quieren saber el salario mínimo de California? No es de 9 dólares la hora\", dijo Newsom. \"Sin atención sanitaria, sin ayudas, sin servicios. Pero ellos cuidan de nuestra salud. Prestando un servicio a todos y cada uno de nosotros, todos los días\".\u003c/p>\n\u003cp>Las autoridades estatales comenzaron inmediatamente a recabar información sobre California Terra Garden y Concord Farms, las dos granjas atacadas, y consiguieron entrar dos horas después de que las fuerzas del orden abrieron de nuevo los sitios el 25 de enero, según Peter Melton, portavoz del Departamento de Relaciones Industriales del estado. Confirmó que su agencia está investigando a ambas empresas por posibles infracciones en el lugar de trabajo.\u003c/p>\n\u003cp>Melton subrayó que la agencia no solicita ni rastrea el estatus migratorio de los trabajadores, y añadió: \"En California, los trabajadores agrícolas y de la mayoría de las demás industrias están protegidos por las leyes laborales y las normas de seguridad y salud en el lugar de trabajo de California, independientemente de su estatus migratorio\".\u003c/p>\n\u003cp>Por una cuestión de política, el Departamento de Trabajo de EE.UU. no quiso confirmar si también está investigando las granjas. Pero el vicealcalde de Half Moon Bay, Joaquín Jiménez Ureña, dijo que la semana anterior investigadores federales estuvieron en la ciudad.\u003c/p>\n\u003cp>\"Tuve la oportunidad de reunirme con ellos\", dijo. \"Compartieron conmigo lo que están investigando. Quieren colaborar con nosotros para asegurarse de que los trabajadores agrícolas estén bien atendidos con salarios y vivienda, y que se les comunique cualquier incidente que ocurra en las granjas.\"\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch2>Vulnerables a la explotación\u003c/h2>\n\u003cp>A pesar de las protecciones laborales de California, los trabajadores inmigrantes suelen tener miedo a denunciar por temor a las represalias de los empleadores y a la amenaza de la deportación, afirman los defensores.\u003c/p>\n\u003cp>Casi el 60% de los trabajadores agrícolas del estado \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">son inmigrantes indocumentados\u003c/a> (enlace sólo en inglés), según los últimos datos del Departamento de Trabajo de EE.UU.\u003c/p>\n\u003cp>Incluso los trabajadores agrícolas que trabajan legalmente, con \u003ca href=\"https://www.dol.gov/agencies/whd/espanol\">visados agrícolas temporales H-2A\u003c/a>, pueden ser reacios a quejarse \u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">porque dependen de sus empleadores para mantener sus visados de trabajo\u003c/a>. Y para los inmigrantes indocumentados, el temor es aún mayor, dice Patricia Ortiz, directora legal del programa de inmigración de la organización sin fines de lucro California Rural Legal Assistance (CRLA, por sus siglas en inglés).\u003c/p>\n\u003cp>[aside postID=\"news_11919450\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/FarmworkersIlloVignet-1020x659-1.jpg\"]\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable\", dijo Ortiz. \"Están en zonas rurales, donde tal vez están aislados de la información a la que la gente en otras partes del estado tiene acceso, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".\u003c/p>\n\u003cp>Pero \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-anuncia-mejoras-en-los-procesos-para-apoyar-las-investigaciones-de-cumplimiento\">un nuevo programa simplificado y acelerado de solicitud de \"acción diferida\"\u003c/a>, destinado a ayudar al gobierno a acabar con los empleadores abusivos, podría animar a más trabajadores indocumentados a denunciar condiciones injustas o inseguras, dijo Ortiz.\u003c/p>\n\u003cp>Los trabajadores que demuestren que están cooperando con una investigación laboral pueden solicitar un permiso de trabajo y dos años de protección contra la deportación a través de un proceso acelerado anunciado en enero por el Secretario de Seguridad Nacional (DHS, por sus siglas en inglés), Alejandro Mayorkas. La protección, que se concederá caso por caso, se basa en \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/memo_from_secretary_mayorkas_on_worksite_enforcement.pdf\">un memorando de octubre de 2021 en el que se describe la estrategia del DHS para hacer cumplir la ley en los lugares de trabajo (PDF)\u003c/a> (enlace sólo en inglés).\u003c/p>\n\u003cp>\"Los empresarios sin escrúpulos que se aprovechan de la vulnerabilidad de los trabajadores extranjeros perjudican a todos los trabajadores y ponen en desventaja a las empresas que respetan las normas\", declaró Mayorkas al anunciar el nuevo programa en enero. \"Responsabilizaremos a estos depredadores animando a todos los trabajadores a hacer valer sus derechos\".\u003c/p>\n\u003ch2>Difundir el mensaje\u003c/h2>\n\u003cp>Ortiz dice que grupos de defensa de los inmigrantes como el suyo han estado organizando apresuradamente cursos de formación y seminarios web para informar sobre el programa a otros proveedores de servicios jurídicos que trabajan con inmigrantes.\u003c/p>\n\u003cp>Pero Jiménez Ureña, vicealcalde de Half Moon Bay, que también ayuda dirigir la organización sin fines de lucro ALAS, o Ayudando Latinos a Soñar, que apoya a trabajadores agrícolas en el condado de San Mateo, dijo que desconocía la iniciativa federal.\u003c/p>\n\u003cp>Tras el tiroteo masivo y las posibles infracciones laborales en las granjas de hongos, la Agencia de Trabajo y Desarrollo Laboral de la administración del gobernador Newsom ha empezado a compartir información sobre el nuevo programa.\u003c/p>\n\u003cp>\"La administración ha estado en estrecho contacto con el condado de San Mateo y las organizaciones comunitarias en relación con asistencia migratoria y las nuevas orientaciones del DHS sobre posibles ayudas de inmigración para los trabajadores que hayan sufrido infracciones en el lugar de trabajo.\", dijo Erin Hickey, portavoz de la agencia, en un correo electrónico.\u003c/p>\n\u003cp>Los líderes sindicales de California llevaron a cabo un curso de formación sobre el nuevo programa en Los Ángeles. Y un grupo de abogados del Área de la Bahía programaron una videollamada para debatir cómo podrían beneficiar a sus clientes estas protecciones.\u003c/p>\n\u003ch2>Un giro de 180 grados\u003c/h2>\n\u003cp>Sergio Benavides, un abogado de inmigración de Hayward dijo que ya hace tiempo es que la administración Biden debería haberse enfocado en las protecciones laborales para los inmigrantes.\u003c/p>\n\u003cp>\"Para mí representa un giro completo de 180 grados con respecto a la era del expresidente Trump\", dijo. \"La administración Biden está diciendo, 'Oigan, trabajadores, queremos ayudarlos. Queremos protegerlos. Queremos investigar las violaciones de la ley. Por favor, salgan a la luz'\".\u003c/p>\n\u003cp>Pero Benavides advirtió que la acción diferida es sólo temporal, y dijo que los inmigrantes deberían consultar primero a un abogado para decidir si les beneficiaría solicitarla.\u003c/p>\n\u003cp>Hay otras formas de alivio de la inmigración que podrían ser más duraderas para los inmigrantes indocumentados, incluidos los de las granjas de setas de Half Moon Bay, dijo. Una de ellas, \u003ca href=\"https://www.uscis.gov/es/programas-humanitarios/victimas-de-la-trata-de-personas-y-de-otros-crimenes/victimas-de-actos-criminales-estatus-u-de-no-inmigrante\">el visado U\u003c/a>, puede conducir a una tarjeta verde y, en última instancia, a la ciudadanía para las víctimas de determinados delitos que cooperen con las fuerzas del orden o los investigadores gubernamentales.\u003c/p>\n\u003cp>Y la eficacia del nuevo programa federal dependerá de lo bien que se administre, dijo Benavides. Aunque el DHS dice que el proceso de solicitud será \"agilizado y acelerado\", otras solicitudes de inmigración suelen retrasarse, señaló.\u003c/p>\n\u003cp>\"La gente puede tener derecho a prestaciones y las solicita, pero tarda años y hay estos enormes retrasos\", dijo. \"Van a intentar acelerarlo. ¿Pero qué significa eso? No sé si el gobierno de Biden tiene el personal necesario para asegurarse de que estas solicitudes se tramitan más rápido.\"\u003c/p>\n\u003ch2>\u003ca id=\"funciona\">\u003c/a>Cómo funciona este programa\u003c/h2>\n\u003cp>Si está pensando en solicitar la acción diferida sobre la deportación, aquí tiene algunos detalles que debe conocer:\u003c/p>\n\u003cul>\n\u003cli>Un abogado de inmigración puede ayudarle a decidir si le conviene presentar la solicitud. También pueden decirle si hay otras formas de ayuda migratoria a las que pueda optar, incluidas protecciones más permanentes.\u003c/li>\n\u003cli>Para solicitarla, debe presentar, entre otros formularios:\n\u003cul>\n\u003cli>Una solicitud firmada en la que explique su reclamación y que está participando en una investigación de una agencia laboral.\u003c/li>\n\u003cli>Una carta de apoyo de la agencia laboral.\u003c/li>\n\u003cli>Documentos que prueben su empleo.\u003c/li>\n\u003cli>Prueba de su identidad y nacionalidad.\u003c/li>\n\u003cli>Información biográfica.\u003c/li>\n\u003cli>Una solicitud de permiso de trabajo.\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>La protección contra la expulsión es temporal, hasta dos años. Puede renovarse si la investigación laboral está en curso. Tenga en cuenta que el DHS dice que puede poner fin a la acción diferida \"en cualquier momento, a su discreción\".\u003c/li>\n\u003cli>Si su solicitud es aprobada y puede demostrar \"necesidad económica\", también puede obtener un permiso de trabajo.\u003c/li>\n\u003cli>En algunos casos, el USCIS puede remitir las solicitudes al Servicio de Inmigración y Control de Aduanas de EE.UU. (ICE, por sus siglas en inglés), especialmente si está en proceso de deportación. Pueden pedir al ICE que les ayude a decidir si le conceden la acción diferida.\u003c/li>\n\u003cli>El Servicio de Ciudadanía e Información de EE.UU. ha creado una oficina para tramitar las solicitudes de forma acelerada.\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.dhs.gov/apoyo-del-dhs-la-aplicacion-de-las-leyes-laborales-y-de-empleo\">La información completa sobre el proceso de solicitud está disponible aquí, en español e inglés.\u003c/a>\u003c/p>\n\u003chr>\n\u003cp>\u003cem>Este artículo fue traducido por la periodista \u003ca href=\"https://www.kqed.org/author/mpena/\">María Peña\u003c/a> y editado por el periodista \u003ca href=\"https://www.kqed.org/author/ccabreralomeli\">Carlos Cabrera-Lomelí\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Bajo el nuevo programa de \"acción diferida\", los trabajadores que demuestren que están cooperando con una investigación laboral pueden solicitar un permiso de trabajo y dos años de protección contra la deportación.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11940316/fear-of-deportation-keeps-some-workers-from-reporting-labor-abuses-a-new-biden-program-aims-to-change-that\">Leer en inglés\u003c/a>\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Ir a:\u003c/strong> \u003ca href=\"#funciona\">\u003cstrong>Cómo funciona la solicitud de acción diferida\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A medida que progresan las investigaciones sobre posibles violaciones laborales en las dos granjas de hongos de Half Moon Bay donde se produjo un tiroteo masivo el mes pasado, los abogados laborales y de inmigración del Área de la Bahía dicen que están tratando de correr la voz sobre las nuevas protecciones federales anunciadas recientemente por la administración del presidente Biden que podrían proteger a los trabajadores indocumentados de la deportación si hablan sobre los abusos en su lugar de trabajo.\u003c/p>\n\u003cp>Cuando el gobernador Gavin Newsom visitó Half Moon Bay tras la matanza del 23 de enero, \u003ca href=\"https://www.kqed.org/news/11938972/7-killed-in-monday-shooting-massacre-in-half-moon-bay\">la cual cobró la vida de siete trabajadores agrícolas inmigrantes,\u003c/a> expresó su conmoción al enterarse que los empleados vivieran en contenedores de transporte y dijo que algunos le habían contado que ganaban sólo 9 dólares la hora.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable. Están en zonas rurales, donde tal vez están aislados de la información a la que tienen acceso las personas en otras partes del estado, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"¿Quieren saber el salario mínimo de California? No es de 9 dólares la hora\", dijo Newsom. \"Sin atención sanitaria, sin ayudas, sin servicios. Pero ellos cuidan de nuestra salud. Prestando un servicio a todos y cada uno de nosotros, todos los días\".\u003c/p>\n\u003cp>Las autoridades estatales comenzaron inmediatamente a recabar información sobre California Terra Garden y Concord Farms, las dos granjas atacadas, y consiguieron entrar dos horas después de que las fuerzas del orden abrieron de nuevo los sitios el 25 de enero, según Peter Melton, portavoz del Departamento de Relaciones Industriales del estado. Confirmó que su agencia está investigando a ambas empresas por posibles infracciones en el lugar de trabajo.\u003c/p>\n\u003cp>Melton subrayó que la agencia no solicita ni rastrea el estatus migratorio de los trabajadores, y añadió: \"En California, los trabajadores agrícolas y de la mayoría de las demás industrias están protegidos por las leyes laborales y las normas de seguridad y salud en el lugar de trabajo de California, independientemente de su estatus migratorio\".\u003c/p>\n\u003cp>Por una cuestión de política, el Departamento de Trabajo de EE.UU. no quiso confirmar si también está investigando las granjas. Pero el vicealcalde de Half Moon Bay, Joaquín Jiménez Ureña, dijo que la semana anterior investigadores federales estuvieron en la ciudad.\u003c/p>\n\u003cp>\"Tuve la oportunidad de reunirme con ellos\", dijo. \"Compartieron conmigo lo que están investigando. Quieren colaborar con nosotros para asegurarse de que los trabajadores agrícolas estén bien atendidos con salarios y vivienda, y que se les comunique cualquier incidente que ocurra en las granjas.\"\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>Vulnerables a la explotación\u003c/h2>\n\u003cp>A pesar de las protecciones laborales de California, los trabajadores inmigrantes suelen tener miedo a denunciar por temor a las represalias de los empleadores y a la amenaza de la deportación, afirman los defensores.\u003c/p>\n\u003cp>Casi el 60% de los trabajadores agrícolas del estado \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">son inmigrantes indocumentados\u003c/a> (enlace sólo en inglés), según los últimos datos del Departamento de Trabajo de EE.UU.\u003c/p>\n\u003cp>Incluso los trabajadores agrícolas que trabajan legalmente, con \u003ca href=\"https://www.dol.gov/agencies/whd/espanol\">visados agrícolas temporales H-2A\u003c/a>, pueden ser reacios a quejarse \u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">porque dependen de sus empleadores para mantener sus visados de trabajo\u003c/a>. Y para los inmigrantes indocumentados, el temor es aún mayor, dice Patricia Ortiz, directora legal del programa de inmigración de la organización sin fines de lucro California Rural Legal Assistance (CRLA, por sus siglas en inglés).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\"Los trabajadores agrícolas se encuentran en una situación muy vulnerable\", dijo Ortiz. \"Están en zonas rurales, donde tal vez están aislados de la información a la que la gente en otras partes del estado tiene acceso, en cuanto a sus derechos y qué recursos tienen para hacerlos valer\".\u003c/p>\n\u003cp>Pero \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-anuncia-mejoras-en-los-procesos-para-apoyar-las-investigaciones-de-cumplimiento\">un nuevo programa simplificado y acelerado de solicitud de \"acción diferida\"\u003c/a>, destinado a ayudar al gobierno a acabar con los empleadores abusivos, podría animar a más trabajadores indocumentados a denunciar condiciones injustas o inseguras, dijo Ortiz.\u003c/p>\n\u003cp>Los trabajadores que demuestren que están cooperando con una investigación laboral pueden solicitar un permiso de trabajo y dos años de protección contra la deportación a través de un proceso acelerado anunciado en enero por el Secretario de Seguridad Nacional (DHS, por sus siglas en inglés), Alejandro Mayorkas. La protección, que se concederá caso por caso, se basa en \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/memo_from_secretary_mayorkas_on_worksite_enforcement.pdf\">un memorando de octubre de 2021 en el que se describe la estrategia del DHS para hacer cumplir la ley en los lugares de trabajo (PDF)\u003c/a> (enlace sólo en inglés).\u003c/p>\n\u003cp>\"Los empresarios sin escrúpulos que se aprovechan de la vulnerabilidad de los trabajadores extranjeros perjudican a todos los trabajadores y ponen en desventaja a las empresas que respetan las normas\", declaró Mayorkas al anunciar el nuevo programa en enero. \"Responsabilizaremos a estos depredadores animando a todos los trabajadores a hacer valer sus derechos\".\u003c/p>\n\u003ch2>Difundir el mensaje\u003c/h2>\n\u003cp>Ortiz dice que grupos de defensa de los inmigrantes como el suyo han estado organizando apresuradamente cursos de formación y seminarios web para informar sobre el programa a otros proveedores de servicios jurídicos que trabajan con inmigrantes.\u003c/p>\n\u003cp>Pero Jiménez Ureña, vicealcalde de Half Moon Bay, que también ayuda dirigir la organización sin fines de lucro ALAS, o Ayudando Latinos a Soñar, que apoya a trabajadores agrícolas en el condado de San Mateo, dijo que desconocía la iniciativa federal.\u003c/p>\n\u003cp>Tras el tiroteo masivo y las posibles infracciones laborales en las granjas de hongos, la Agencia de Trabajo y Desarrollo Laboral de la administración del gobernador Newsom ha empezado a compartir información sobre el nuevo programa.\u003c/p>\n\u003cp>\"La administración ha estado en estrecho contacto con el condado de San Mateo y las organizaciones comunitarias en relación con asistencia migratoria y las nuevas orientaciones del DHS sobre posibles ayudas de inmigración para los trabajadores que hayan sufrido infracciones en el lugar de trabajo.\", dijo Erin Hickey, portavoz de la agencia, en un correo electrónico.\u003c/p>\n\u003cp>Los líderes sindicales de California llevaron a cabo un curso de formación sobre el nuevo programa en Los Ángeles. Y un grupo de abogados del Área de la Bahía programaron una videollamada para debatir cómo podrían beneficiar a sus clientes estas protecciones.\u003c/p>\n\u003ch2>Un giro de 180 grados\u003c/h2>\n\u003cp>Sergio Benavides, un abogado de inmigración de Hayward dijo que ya hace tiempo es que la administración Biden debería haberse enfocado en las protecciones laborales para los inmigrantes.\u003c/p>\n\u003cp>\"Para mí representa un giro completo de 180 grados con respecto a la era del expresidente Trump\", dijo. \"La administración Biden está diciendo, 'Oigan, trabajadores, queremos ayudarlos. Queremos protegerlos. Queremos investigar las violaciones de la ley. Por favor, salgan a la luz'\".\u003c/p>\n\u003cp>Pero Benavides advirtió que la acción diferida es sólo temporal, y dijo que los inmigrantes deberían consultar primero a un abogado para decidir si les beneficiaría solicitarla.\u003c/p>\n\u003cp>Hay otras formas de alivio de la inmigración que podrían ser más duraderas para los inmigrantes indocumentados, incluidos los de las granjas de setas de Half Moon Bay, dijo. Una de ellas, \u003ca href=\"https://www.uscis.gov/es/programas-humanitarios/victimas-de-la-trata-de-personas-y-de-otros-crimenes/victimas-de-actos-criminales-estatus-u-de-no-inmigrante\">el visado U\u003c/a>, puede conducir a una tarjeta verde y, en última instancia, a la ciudadanía para las víctimas de determinados delitos que cooperen con las fuerzas del orden o los investigadores gubernamentales.\u003c/p>\n\u003cp>Y la eficacia del nuevo programa federal dependerá de lo bien que se administre, dijo Benavides. Aunque el DHS dice que el proceso de solicitud será \"agilizado y acelerado\", otras solicitudes de inmigración suelen retrasarse, señaló.\u003c/p>\n\u003cp>\"La gente puede tener derecho a prestaciones y las solicita, pero tarda años y hay estos enormes retrasos\", dijo. \"Van a intentar acelerarlo. ¿Pero qué significa eso? No sé si el gobierno de Biden tiene el personal necesario para asegurarse de que estas solicitudes se tramitan más rápido.\"\u003c/p>\n\u003ch2>\u003ca id=\"funciona\">\u003c/a>Cómo funciona este programa\u003c/h2>\n\u003cp>Si está pensando en solicitar la acción diferida sobre la deportación, aquí tiene algunos detalles que debe conocer:\u003c/p>\n\u003cul>\n\u003cli>Un abogado de inmigración puede ayudarle a decidir si le conviene presentar la solicitud. También pueden decirle si hay otras formas de ayuda migratoria a las que pueda optar, incluidas protecciones más permanentes.\u003c/li>\n\u003cli>Para solicitarla, debe presentar, entre otros formularios:\n\u003cul>\n\u003cli>Una solicitud firmada en la que explique su reclamación y que está participando en una investigación de una agencia laboral.\u003c/li>\n\u003cli>Una carta de apoyo de la agencia laboral.\u003c/li>\n\u003cli>Documentos que prueben su empleo.\u003c/li>\n\u003cli>Prueba de su identidad y nacionalidad.\u003c/li>\n\u003cli>Información biográfica.\u003c/li>\n\u003cli>Una solicitud de permiso de trabajo.\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>La protección contra la expulsión es temporal, hasta dos años. Puede renovarse si la investigación laboral está en curso. Tenga en cuenta que el DHS dice que puede poner fin a la acción diferida \"en cualquier momento, a su discreción\".\u003c/li>\n\u003cli>Si su solicitud es aprobada y puede demostrar \"necesidad económica\", también puede obtener un permiso de trabajo.\u003c/li>\n\u003cli>En algunos casos, el USCIS puede remitir las solicitudes al Servicio de Inmigración y Control de Aduanas de EE.UU. (ICE, por sus siglas en inglés), especialmente si está en proceso de deportación. 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"title": "'Until We Drop': Immigrant Detainees on Hunger Strike Sue ICE, Detention Contractor for Alleged Retaliation",
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"content": "\u003cp>\u003cstrong>Update, 1:45 p.m. Friday: \u003c/strong>Five detainees on an ongoing hunger strike \u003ca href=\"https://www.aclunc.org/news/hunger-strikers-central-valley-immigration-detention-facilities-file-class-action-lawsuit\">have sued\u003c/a> U.S. Immigration and Customs Enforcement and a private prison company for alleged retaliation.\u003c/p>\n\u003cp>Several dozen men have refused meals for more than a week, protesting what they call “inhumane” living and working conditions at the two for-profit detention centers in Kern County where they are held.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">lawsuit (PDF)\u003c/a> accuses ICE and its detention contractor The GEO Group of punishing hunger strikers by taking away their yard time, family visitation and other recreational activities, and by threatening them with solitary confinement.\u003c/p>\n\u003cp>GEO staffers have also made dormitory temperatures “uncomfortably cold” and tried to halt the detainees’ strike by leaving food on their beds for long periods of time, according to the complaint, which was filed in the U.S. District Court in San Francisco on Thursday.\u003c/p>\n\u003cp>“We filed this lawsuit to protect the First Amendment rights of a group of people who have put their bodies on the line to protest the injustice of their detention,” said Bree Bernwanger, senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.\u003c/p>\n\u003cp>“What they should draw is the attention of ICE and GEO to the horrendous conditions that they are detained under,” she added. “Instead, they were deprived for no reason except to punish them. That violates the Constitution.”\u003c/p>\n\u003cp>Spokespeople for ICE and GEO have denied the alleged retaliation, but declined to comment further on the lawsuit.\u003c/p>\n\u003cp>The five plaintiffs, who have been detained for lengths ranging from 10 months to more than two years, are asking the court to let them represent about 80 detainees who began the hunger strike on Feb. 17, in a class-action lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Original story, 6 p.m. Thursday: \u003c/strong>More than 70 people locked up at two for-profit immigration detention centers in Kern County have refused to eat any meals for a week now, according to interviews with detainees and legal assistance organizations.\u003c/p>\n\u003cp>A U.S. Immigration and Customs Enforcement spokesperson confirmed that the hunger strike became official as of last Sunday evening, after detainees missed nine consecutive meals at the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland.[pullquote align=\"right\" size=\"medium\" citation=\"Oscar Rodriguez Picazo, ICE detainee and hunger striker\"]'We are not being heard. Our basic needs are not being met. So we are asking ICE to release us.'[/pullquote]Hunger strikers said they will risk their lives as a last resort to pressure ICE officials to improve the “\u003ca href=\"https://lccrsf.org/pressroom_posts/breaking-seventy-seven-detained-immigrants-launch-hunger-strike-at-two-central-valley-facilities-protest-unpaid-labor-and-inhumane-conditions/\">soul-crushing\u003c/a>” working and living conditions at the facilities they’ve complained repeatedly about, to no avail. The detainees \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">argue officials should also use their prosecutorial discretion to release those who don’t pose a safety threat or flight risk\u003c/a>, but are jailed long-term while they fight deportation.\u003c/p>\n\u003cp>“We are not being heard. Our basic needs are not being met. So we are asking ICE to release us,” Oscar Rodriguez Picazo told KQED by phone from Mesa Verde, where he has been held for more than a year. The 36-year-old said he felt weak after skipping all meals since last Friday, but that he and others would continue the hunger strike “until we drop.”\u003c/p>\n\u003cp>Mesa Verde staffers have responded by taking away yard time and other recreational activities, as well as access to the law library, said Rodriguez Picazo and another hunger striker, Jose Hernandez. That has left protesters confined to their dorm 24/7, they said, except for trips to get medical checkups elsewhere in the facility.\u003c/p>\n\u003cp>“When we asked an officer, she told us, ‘You guys don’t get no visits, no rec, nothing of nothing, because you are on a hunger strike,’” said Rodriguez Picazo, who grew up in California’s Tulare County after emigrating from Mexico.[aside postID=news_11938736 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57626_007_KQED_AnoopPrasad_08052022-qut-1020x680.jpg']Medical personnel must carefully monitor the health, as well as food and water intake, of detainees on hunger strike, which ICE considers as such \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">only after detainees have not eaten for 72 hours (PDF)\u003c/a>, according to the agency’s standards.\u003c/p>\n\u003cp>“ICE fully respects the rights of all people to voice their opinion without interference. ICE does not retaliate in any way against hunger strikers,” said an agency spokesperson in a statement. “ICE is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care.”\u003c/p>\n\u003cp>The agency did not confirm how many detainees it considers on hunger strike at the two facilities. But commissary food items remain available for purchase by detainees, the spokesperson added, saying “ICE explains the negative health effects of not eating to our detainees, and they are under close medical observation by ICE or contract medical providers.”\u003c/p>\n\u003cp>The hunger strike represents an escalation of an ongoing, months-long work stoppage that detainees say they are waging to protest expired food, substandard medical care and overpriced commissary items that have pushed Rodriguez Picazo and others to work at the facilities for well below minimum wage.\u003c/p>\n\u003cp>Both Mesa Verde and Golden State Annex are overseen by ICE Enforcement and Removal Operations officials stationed in San Francisco. The agency contracts with the multinational prison company The GEO Group to operate those detention centers.\u003c/p>\n\u003cp>On Wednesday afternoon, more than a dozen supporters of the hunger strikers sang chants on megaphones and rallied outside ICE headquarters in downtown San Francisco, as dozens of people looked on while they waited in line to enter the agency offices, clutching paper forms.\u003c/p>\n\u003cp>“Enough is enough,” Esperanza Cuautle, an organizer with the nonprofit Pangea Legal Services, told the crowd on the street. Hunger strikers “are tired of the mistreatment, tired of the violation of their human rights.”\u003c/p>\n\u003cfigure id=\"attachment_11941702\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11941702\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg\" alt=\"A Latina woman speaks into a megaphone with male and female protesters behind her.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Esperanza Cuautle, 30, an organizer with the Mesa Verde-Golden State Annex Hunger Strike Support Committee, speaks outside the US Immigration and Customs Enforcement field office in downtown San Francisco on Feb. 22, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO Group pays detainees $1 per day for eight-hour shifts to scrub bathrooms, do laundry, work as barbers and do other tasks to maintain the facilities, per \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/5-8.pdf\">ICE guidelines that require compensation of “at least” $1 per day (PDF)\u003c/a>. Yet the company has engaged in “unlawful wage theft, unjust enrichment and forced labor” by coercing detainees to work, according to a \u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-stringify-link=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-sk=\"tooltip_parent\">lawsuit\u003c/a> filed last summer.\u003c/p>\n\u003cp>Shortly after the suit was filed, \u003ca href=\"https://www.kqed.org/news/11925791/california-lawmakers-call-for-investigation-into-detainee-complaints-of-solitary-confinement\">more than a dozen California members of Congress urged top immigration authorities to investigate\u003c/a> alleged “disturbing conditions and abusive and retaliatory behavior” toward detainees — including the use of solitary confinement — for participating in the peaceful labor strike at the two detention centers.\u003c/p>\n\u003cp>\u003ca href=\"https://www.padilla.senate.gov/newsroom/press-releases/padilla-to-chair-senate-judiciary-subcommittee-on-immigration/\">Senator Alex Padilla of California\u003c/a>, who chairs the Senate Judiciary Subcommittee on Immigration, Citizenship and Border Safety, did not immediately return a request for comment.\u003c/p>\n\u003cp>Rep. Zoe Lofgren (D-San José) led the request six months ago for ICE and the Department of Homeland Security to investigate detention conditions at Mesa Verde and Golden State Annex.\u003c/p>\n\u003cp>\"I am hoping they can address the issues my colleagues and I highlighted in our September 2022 letter as soon as possible. I also hope the Administration has already begun the thorough investigation we requested,” said Lofgren, a senior member of the House Subcommittee on Immigration Integrity, Security and Enforcement and a former immigration lawyer, in a statement.\u003c/p>\n\u003cp>“As disturbing reports of inhumane conditions, retaliation, and abusive behavior continue at Mesa Verde and Golden State Annex, I am renewing my call for a national phase-out of all private detention facility and jail contracts and for ICE to ensure humane detention standards,” she added.[pullquote align=\"right\" size=\"medium\" citation=\"Rep. Zoe Lofgren (D-San José)\"]'As disturbing reports of inhumane conditions, retaliation, and abusive behavior continue at Mesa Verde and Golden State Annex, I am renewing my call for a national phase-out of all private detention facility and jail contracts and for ICE to ensure humane detention standards.'[/pullquote]KQED obtained a copy of ICE Acting Director Tae Johnson’s recent response to Lofgren, Padilla and the other California members of Congress.\u003c/p>\n\u003cp>“ICE was made aware of the allegations against the Geo Group,” said Johnson in his letter. “On July 7, 2022, ICE Enforcement and Removal Operations (ERO) submitted all documentation related to the allegations to the ICE Joint Intake Center for further review and investigation.”\u003c/p>\n\u003cp>DHS’ Office for Civil Rights and Civil Liberties, which also received a \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">complaint from nine detainees at the two facilities last September\u003c/a>, is investigating reports “related to conditions of detention” at Golden State Annex, said Johnson.\u003c/p>\n\u003cp>A GEO Group spokesperson rejected allegations of retaliation against detainees or substandard detention conditions at the facilities. Both detention centers provide round-the-clock medical care, nutritional meals approved by a registered dietician and enhanced recreational amenities, the spokesperson said.\u003c/p>\n\u003cp>“As it relates to allegations regarding retaliation, GEO has a grievance process in place for use by persons housed at our facilities that is grounded in accessibility, confidentiality, fairness, objectivity and integrity, without fear of retaliation,” the GEO spokesperson said. “GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed.”\u003c/p>\n\u003cp>The company is also contesting fines of more than $104,000 issued last December by California workplace health and safety regulators for \u003ca href=\"https://www.osha.gov/ords/imis/establishment.inspection_detail?id=1609228.015\">several violations\u003c/a>, after worker detainees filed a complaint and Cal/OSHA inspectors visited Golden State Annex.\u003c/p>\n\u003cp>The nonprofit Freedom for Immigrants documented that at least \u003ca href=\"https://www.freedomforimmigrants.org/hunger-strikes\">1,600 people went on hunger strike while held at 20 detention centers nationwide\u003c/a> between May 2015 and early 2020. The incidence of such actions surged early on in the pandemic, with nearly 2,500 detainees waging COVID-related hunger strikes between March and July 2020, according to Detention Watch Network.\u003c/p>\n\u003cp>ICE officials and facility staffers have commonly responded with abuse and retaliation against people protesting by \u003ca href=\"https://www.aclu.org/news/immigrants-rights/cruelty-and-coercion-how-ice-abuses-hunger-strikers\">refusing to eat — a First Amendment-protected right\u003c/a>, according to a report by the ACLU and Physicians for Human Rights. The groups analyzed hundreds of hunger strikes in immigration detention between 2013 and 2017. The authors of the report said those responses included use of force, solitary confinement and involuntary medical procedures.[aside label=\"Related Stories\" postID=\"news_11924388,news_11934879\"]“Since the issuance of our report in 2021, ICE has not changed its policies or practices with respect to its treatment of hunger strikes. ICE’s failure to do so is of obvious concern,” said Eunice Cho, a senior staff attorney at the ACLU National Prison Project.\u003c/p>\n\u003cp>\u003ca href=\"https://www.ice.gov/detain/detention-management\">Immigration detention\u003c/a> is legally classified as civil and should be nonpunitive, unlike in the criminal justice setting. ICE detains noncitizens to secure their presence for immigration proceedings.\u003c/p>\n\u003cp>While people convicted of aggravated felonies or other crimes are subject to “\u003ca href=\"https://www.ilrc.org/sites/default/files/resources/mandatory_detention_ice_hold_policy_handout.pdf\">mandatory detention (PDF)\u003c/a>,” ICE officials may still decide to free them from custody with conditions after a case-by-case review, according to immigration attorneys. Often, the agency arrests immigrants with a criminal record after they have served sentences and are released from state prison or county jails.\u003c/p>\n\u003cp>\u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">ICE held more than 24,000 people in detention as of the end of January 2023\u003c/a>, slightly more than a year ago, according to the Transactional Records Access Clearinghouse, a data monitoring project at Syracuse University.\u003c/p>\n\u003cp>Nearly \u003ca href=\"https://www.ice.gov/detain/detention-management\">190 men are held at Mesa Verde and Golden State Annex\u003c/a>, according to ICE’s most recent detention statistics.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 1:45 p.m. Friday: \u003c/strong>Five detainees on an ongoing hunger strike \u003ca href=\"https://www.aclunc.org/news/hunger-strikers-central-valley-immigration-detention-facilities-file-class-action-lawsuit\">have sued\u003c/a> U.S. Immigration and Customs Enforcement and a private prison company for alleged retaliation.\u003c/p>\n\u003cp>Several dozen men have refused meals for more than a week, protesting what they call “inhumane” living and working conditions at the two for-profit detention centers in Kern County where they are held.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.aclunc.org/sites/default/files/Mendez_v._ICE_Complaint.pdf\">lawsuit (PDF)\u003c/a> accuses ICE and its detention contractor The GEO Group of punishing hunger strikers by taking away their yard time, family visitation and other recreational activities, and by threatening them with solitary confinement.\u003c/p>\n\u003cp>GEO staffers have also made dormitory temperatures “uncomfortably cold” and tried to halt the detainees’ strike by leaving food on their beds for long periods of time, according to the complaint, which was filed in the U.S. District Court in San Francisco on Thursday.\u003c/p>\n\u003cp>“We filed this lawsuit to protect the First Amendment rights of a group of people who have put their bodies on the line to protest the injustice of their detention,” said Bree Bernwanger, senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.\u003c/p>\n\u003cp>“What they should draw is the attention of ICE and GEO to the horrendous conditions that they are detained under,” she added. “Instead, they were deprived for no reason except to punish them. That violates the Constitution.”\u003c/p>\n\u003cp>Spokespeople for ICE and GEO have denied the alleged retaliation, but declined to comment further on the lawsuit.\u003c/p>\n\u003cp>The five plaintiffs, who have been detained for lengths ranging from 10 months to more than two years, are asking the court to let them represent about 80 detainees who began the hunger strike on Feb. 17, in a class-action lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Original story, 6 p.m. Thursday: \u003c/strong>More than 70 people locked up at two for-profit immigration detention centers in Kern County have refused to eat any meals for a week now, according to interviews with detainees and legal assistance organizations.\u003c/p>\n\u003cp>A U.S. Immigration and Customs Enforcement spokesperson confirmed that the hunger strike became official as of last Sunday evening, after detainees missed nine consecutive meals at the Mesa Verde ICE Processing Center in Bakersfield and the nearby Golden State Annex in McFarland.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Hunger strikers said they will risk their lives as a last resort to pressure ICE officials to improve the “\u003ca href=\"https://lccrsf.org/pressroom_posts/breaking-seventy-seven-detained-immigrants-launch-hunger-strike-at-two-central-valley-facilities-protest-unpaid-labor-and-inhumane-conditions/\">soul-crushing\u003c/a>” working and living conditions at the facilities they’ve complained repeatedly about, to no avail. The detainees \u003ca href=\"https://www.ice.gov/about-ice/opla/prosecutorial-discretion\">argue officials should also use their prosecutorial discretion to release those who don’t pose a safety threat or flight risk\u003c/a>, but are jailed long-term while they fight deportation.\u003c/p>\n\u003cp>“We are not being heard. Our basic needs are not being met. So we are asking ICE to release us,” Oscar Rodriguez Picazo told KQED by phone from Mesa Verde, where he has been held for more than a year. The 36-year-old said he felt weak after skipping all meals since last Friday, but that he and others would continue the hunger strike “until we drop.”\u003c/p>\n\u003cp>Mesa Verde staffers have responded by taking away yard time and other recreational activities, as well as access to the law library, said Rodriguez Picazo and another hunger striker, Jose Hernandez. That has left protesters confined to their dorm 24/7, they said, except for trips to get medical checkups elsewhere in the facility.\u003c/p>\n\u003cp>“When we asked an officer, she told us, ‘You guys don’t get no visits, no rec, nothing of nothing, because you are on a hunger strike,’” said Rodriguez Picazo, who grew up in California’s Tulare County after emigrating from Mexico.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Medical personnel must carefully monitor the health, as well as food and water intake, of detainees on hunger strike, which ICE considers as such \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2019/4_2.pdf\">only after detainees have not eaten for 72 hours (PDF)\u003c/a>, according to the agency’s standards.\u003c/p>\n\u003cp>“ICE fully respects the rights of all people to voice their opinion without interference. ICE does not retaliate in any way against hunger strikers,” said an agency spokesperson in a statement. “ICE is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care.”\u003c/p>\n\u003cp>The agency did not confirm how many detainees it considers on hunger strike at the two facilities. But commissary food items remain available for purchase by detainees, the spokesperson added, saying “ICE explains the negative health effects of not eating to our detainees, and they are under close medical observation by ICE or contract medical providers.”\u003c/p>\n\u003cp>The hunger strike represents an escalation of an ongoing, months-long work stoppage that detainees say they are waging to protest expired food, substandard medical care and overpriced commissary items that have pushed Rodriguez Picazo and others to work at the facilities for well below minimum wage.\u003c/p>\n\u003cp>Both Mesa Verde and Golden State Annex are overseen by ICE Enforcement and Removal Operations officials stationed in San Francisco. The agency contracts with the multinational prison company The GEO Group to operate those detention centers.\u003c/p>\n\u003cp>On Wednesday afternoon, more than a dozen supporters of the hunger strikers sang chants on megaphones and rallied outside ICE headquarters in downtown San Francisco, as dozens of people looked on while they waited in line to enter the agency offices, clutching paper forms.\u003c/p>\n\u003cp>“Enough is enough,” Esperanza Cuautle, an organizer with the nonprofit Pangea Legal Services, told the crowd on the street. Hunger strikers “are tired of the mistreatment, tired of the violation of their human rights.”\u003c/p>\n\u003cfigure id=\"attachment_11941702\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11941702\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg\" alt=\"A Latina woman speaks into a megaphone with male and female protesters behind her.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS63125_02222023_detaineehungerstrike-014-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Esperanza Cuautle, 30, an organizer with the Mesa Verde-Golden State Annex Hunger Strike Support Committee, speaks outside the US Immigration and Customs Enforcement field office in downtown San Francisco on Feb. 22, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO Group pays detainees $1 per day for eight-hour shifts to scrub bathrooms, do laundry, work as barbers and do other tasks to maintain the facilities, per \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/5-8.pdf\">ICE guidelines that require compensation of “at least” $1 per day (PDF)\u003c/a>. Yet the company has engaged in “unlawful wage theft, unjust enrichment and forced labor” by coercing detainees to work, according to a \u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-stringify-link=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft#:~:text=GEO%20pays%20the%20paltry%20daily,facilities%2C%20according%20to%20the%20lawsuit.\" data-sk=\"tooltip_parent\">lawsuit\u003c/a> filed last summer.\u003c/p>\n\u003cp>Shortly after the suit was filed, \u003ca href=\"https://www.kqed.org/news/11925791/california-lawmakers-call-for-investigation-into-detainee-complaints-of-solitary-confinement\">more than a dozen California members of Congress urged top immigration authorities to investigate\u003c/a> alleged “disturbing conditions and abusive and retaliatory behavior” toward detainees — including the use of solitary confinement — for participating in the peaceful labor strike at the two detention centers.\u003c/p>\n\u003cp>\u003ca href=\"https://www.padilla.senate.gov/newsroom/press-releases/padilla-to-chair-senate-judiciary-subcommittee-on-immigration/\">Senator Alex Padilla of California\u003c/a>, who chairs the Senate Judiciary Subcommittee on Immigration, Citizenship and Border Safety, did not immediately return a request for comment.\u003c/p>\n\u003cp>Rep. Zoe Lofgren (D-San José) led the request six months ago for ICE and the Department of Homeland Security to investigate detention conditions at Mesa Verde and Golden State Annex.\u003c/p>\n\u003cp>\"I am hoping they can address the issues my colleagues and I highlighted in our September 2022 letter as soon as possible. I also hope the Administration has already begun the thorough investigation we requested,” said Lofgren, a senior member of the House Subcommittee on Immigration Integrity, Security and Enforcement and a former immigration lawyer, in a statement.\u003c/p>\n\u003cp>“As disturbing reports of inhumane conditions, retaliation, and abusive behavior continue at Mesa Verde and Golden State Annex, I am renewing my call for a national phase-out of all private detention facility and jail contracts and for ICE to ensure humane detention standards,” she added.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>KQED obtained a copy of ICE Acting Director Tae Johnson’s recent response to Lofgren, Padilla and the other California members of Congress.\u003c/p>\n\u003cp>“ICE was made aware of the allegations against the Geo Group,” said Johnson in his letter. “On July 7, 2022, ICE Enforcement and Removal Operations (ERO) submitted all documentation related to the allegations to the ICE Joint Intake Center for further review and investigation.”\u003c/p>\n\u003cp>DHS’ Office for Civil Rights and Civil Liberties, which also received a \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">complaint from nine detainees at the two facilities last September\u003c/a>, is investigating reports “related to conditions of detention” at Golden State Annex, said Johnson.\u003c/p>\n\u003cp>A GEO Group spokesperson rejected allegations of retaliation against detainees or substandard detention conditions at the facilities. Both detention centers provide round-the-clock medical care, nutritional meals approved by a registered dietician and enhanced recreational amenities, the spokesperson said.\u003c/p>\n\u003cp>“As it relates to allegations regarding retaliation, GEO has a grievance process in place for use by persons housed at our facilities that is grounded in accessibility, confidentiality, fairness, objectivity and integrity, without fear of retaliation,” the GEO spokesperson said. “GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed.”\u003c/p>\n\u003cp>The company is also contesting fines of more than $104,000 issued last December by California workplace health and safety regulators for \u003ca href=\"https://www.osha.gov/ords/imis/establishment.inspection_detail?id=1609228.015\">several violations\u003c/a>, after worker detainees filed a complaint and Cal/OSHA inspectors visited Golden State Annex.\u003c/p>\n\u003cp>The nonprofit Freedom for Immigrants documented that at least \u003ca href=\"https://www.freedomforimmigrants.org/hunger-strikes\">1,600 people went on hunger strike while held at 20 detention centers nationwide\u003c/a> between May 2015 and early 2020. The incidence of such actions surged early on in the pandemic, with nearly 2,500 detainees waging COVID-related hunger strikes between March and July 2020, according to Detention Watch Network.\u003c/p>\n\u003cp>ICE officials and facility staffers have commonly responded with abuse and retaliation against people protesting by \u003ca href=\"https://www.aclu.org/news/immigrants-rights/cruelty-and-coercion-how-ice-abuses-hunger-strikers\">refusing to eat — a First Amendment-protected right\u003c/a>, according to a report by the ACLU and Physicians for Human Rights. The groups analyzed hundreds of hunger strikes in immigration detention between 2013 and 2017. The authors of the report said those responses included use of force, solitary confinement and involuntary medical procedures.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Since the issuance of our report in 2021, ICE has not changed its policies or practices with respect to its treatment of hunger strikes. ICE’s failure to do so is of obvious concern,” said Eunice Cho, a senior staff attorney at the ACLU National Prison Project.\u003c/p>\n\u003cp>\u003ca href=\"https://www.ice.gov/detain/detention-management\">Immigration detention\u003c/a> is legally classified as civil and should be nonpunitive, unlike in the criminal justice setting. ICE detains noncitizens to secure their presence for immigration proceedings.\u003c/p>\n\u003cp>While people convicted of aggravated felonies or other crimes are subject to “\u003ca href=\"https://www.ilrc.org/sites/default/files/resources/mandatory_detention_ice_hold_policy_handout.pdf\">mandatory detention (PDF)\u003c/a>,” ICE officials may still decide to free them from custody with conditions after a case-by-case review, according to immigration attorneys. Often, the agency arrests immigrants with a criminal record after they have served sentences and are released from state prison or county jails.\u003c/p>\n\u003cp>\u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">ICE held more than 24,000 people in detention as of the end of January 2023\u003c/a>, slightly more than a year ago, according to the Transactional Records Access Clearinghouse, a data monitoring project at Syracuse University.\u003c/p>\n\u003cp>Nearly \u003ca href=\"https://www.ice.gov/detain/detention-management\">190 men are held at Mesa Verde and Golden State Annex\u003c/a>, according to ICE’s most recent detention statistics.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "sf-supervisors-split-on-details-of-citys-sanctuary-policy-shielding-immigrants-from-deportation",
"title": "SF Supervisors Split on Details of City's Sanctuary Policy Shielding Immigrants From Deportation",
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"headTitle": "SF Supervisors Split on Details of City’s Sanctuary Policy Shielding Immigrants From Deportation | KQED",
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"content": "\u003cp>San Francisco Supervisor Hillary Ronen on Tuesday put forward a resolution rejecting a request from the District Attorney’s Office seeking an exception to the city’s strict sanctuary policy, which broadly prohibits city leaders and police from cooperating with federal immigration enforcement officials.\u003c/p>\n\u003cp>At issue is an effort by DA Brooke Jenkins to prosecute two suspects wanted for serious crimes in separate cases — one for murder, the other for sexually molesting young children — who fled the country but have since been located in Mexico.\u003c/p>\n\u003cp>Under Jenkins’ proposal, once the defendants are returned to San Francisco, city officials would commit to notifying Immigration and Customs Enforcement if either man were to be released from custody.\u003c/p>\n\u003cp>But Ronen said doing so would set a “dangerous precedent.”\u003c/p>\n\u003cp>“The feds don’t need us to make an exception to our sanctuary process. They spend billions of dollars a year on immigration enforcement, they can easily track these public cases,” she told KQED. “This is just playing politics with immigrants.”\u003c/p>\n\u003cp>It’s unlikely either suspect would be released from San Francisco jail unless charges were dropped or a defendant was acquitted. Judges issued an arrest warrant for the murder suspect in 2009 and for the sexual abuse suspect in 2021. Bail was set at $5 million dollars in each case.\u003c/p>\n\u003cp>In a separate move on Tuesday, Supervisor Matt Dorsey proposed a measure to make it easier to deport accused fentanyl dealers who are noncitizens.[aside label=\"related coverage\" tag=\"immigration-and-customs-enforcement\"]“I’m asking my colleagues to update our ‘Due Process for All’ ordinance to add fentanyl dealing felonies alongside violent felonies,” Dorsey told KQED. “The whole idea of sanctuary was to create a safe environment so that local governments could serve immigrant communities, including undocumented immigrant communities, and have their trust. To do otherwise would be to empower organized crime and elements that might exploit people who are in vulnerable situations.”\u003c/p>\n\u003cp>Under San Francisco’s current policy, local law enforcement can honor an ICE request to hold someone if that person is facing a violent felony charge and was previously convicted of a violent felony — including murder, rape and arson — in the previous seven years, or of a serious felony — including robbery and carjacking — in the previous five years.\u003c/p>\n\u003cp>Dorsey’s proposal would add people charged with dealing fentanyl to the list of exceptions for sanctuary protections. It would only apply to a person found guilty of selling fentanyl who had been previously convicted of fentanyl dealing or a violent felony in the prior seven years, or a serious felony in the prior five years.\u003c/p>\n\u003cp>Dorsey said he had not yet examined how deporting suspected dealers has affected the fentanyl crisis in other major cities with looser sanctuary laws. There is also little public data showing what portion of drug dealers in San Francisco are noncitizens.\u003c/p>\n\u003cp>Dorsey also did not say whether he would support Ronen’s separate resolution rejecting the DA’s request to notify ICE about the two suspects from Mexico.\u003c/p>\n\u003cp>For her part, Ronen said she opposes Dorsey’s proposal. And she and other immigration advocates say city officials do not need to compromise the city’s sanctuary law, which has been on the books since 1989, for federal immigration officials to arrest either of the suspects if and when they are released from San Francisco jail.\u003c/p>\n\u003cp>A similar challenge occurred in 2019, when the Department of Homeland Security demanded that San Francisco make an exception to its sanctuary policy to extradite a Tunisian national who had fled to Canada.\u003c/p>\n\u003cp>City officials ultimately decided they would not cooperate, saying it was unnecessary for DHS to do its work and could ultimately weaken the city’s sanctuary law. Nonetheless, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Assault-suspect-extradited-to-San-Francisco-13572023.php\">DHS successfully arranged for the suspect to be returned to San Francisco, where he was eventually prosecuted\u003c/a> for rape and sexual battery.\u003c/p>\n\u003cp>Much as they did in 2019, immigrant advocates are supporting Ronen’s call to stand up to federal immigration authorities in the current case.\u003c/p>\n\u003cp>“I’m urging the Board of Supervisors to remember that lesson from not very long ago that we don’t need to succumb to their distortions,” said Angela Chan, attorney with the San Francisco Public Defender’s Office, \u003ca href=\"https://sfpublicdefender.org/news/2022/02/san-francisco-public-defender-announces-the-hiring-of-angela-chan-long-time-immigrant-advocate-for-the-asian-law-caucus/\">who played a role in drafting California’s sanctuary law\u003c/a> and updating San Francisco’s policy. “It’s a threat, it’s empty, and we learned this only four years ago.”\u003c/p>\n\u003cp>“San Francisco should not fall for these tactics,” Chan added. “This is one of many things they do to try to attack our sanctuary ordinance.”\u003c/p>\n\u003cp>Weakening sanctuary protections would affect not only undocumented immigrants, but also documented immigrants with criminal histories. Any noncitizen is eligible for deportation if convicted of a wide range of crimes.\u003c/p>\n\u003cp>Jenkins says that while she supports San Francisco’s sanctuary city law, she is seeking an exemption in these particular cases to get the suspects extradited as soon as possible for what she described as “unspeakable crimes.”\u003c/p>\n\u003cp>“We cannot let two wanted fugitives hiding out internationally get away with murder and sexually abusing young children,” Jenkins said in a statement. “These men must be brought to the United States to face justice and be held accountable for their heinous crimes. We cannot let our well-intentioned policy be exploited in this way and must act now.”\u003c/p>\n\u003cp>Dorsey also expressed his support for the city’s sanctuary policy, but said fentanyl is so lethal that he thinks it should be treated differently from other drugs.\u003c/p>\n\u003cp>“I don’t think there is a precedent in drug policy for what we’re seeing with fentanyl. And what’s terrifying is that there are other synthetic opioids on the horizon that are cheaper and more profitable for dealers and drug cartels,” Dorsey said. “We’re in uncharted waters here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "This week, Supervisor Matt Dorsey proposed making it easier to deport immigrants who deal fentanyl, while Supervisor Hillary Ronen urged the city to steer clear of cooperating with ICE officials.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco Supervisor Hillary Ronen on Tuesday put forward a resolution rejecting a request from the District Attorney’s Office seeking an exception to the city’s strict sanctuary policy, which broadly prohibits city leaders and police from cooperating with federal immigration enforcement officials.\u003c/p>\n\u003cp>At issue is an effort by DA Brooke Jenkins to prosecute two suspects wanted for serious crimes in separate cases — one for murder, the other for sexually molesting young children — who fled the country but have since been located in Mexico.\u003c/p>\n\u003cp>Under Jenkins’ proposal, once the defendants are returned to San Francisco, city officials would commit to notifying Immigration and Customs Enforcement if either man were to be released from custody.\u003c/p>\n\u003cp>But Ronen said doing so would set a “dangerous precedent.”\u003c/p>\n\u003cp>“The feds don’t need us to make an exception to our sanctuary process. They spend billions of dollars a year on immigration enforcement, they can easily track these public cases,” she told KQED. “This is just playing politics with immigrants.”\u003c/p>\n\u003cp>It’s unlikely either suspect would be released from San Francisco jail unless charges were dropped or a defendant was acquitted. Judges issued an arrest warrant for the murder suspect in 2009 and for the sexual abuse suspect in 2021. Bail was set at $5 million dollars in each case.\u003c/p>\n\u003cp>In a separate move on Tuesday, Supervisor Matt Dorsey proposed a measure to make it easier to deport accused fentanyl dealers who are noncitizens.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I’m asking my colleagues to update our ‘Due Process for All’ ordinance to add fentanyl dealing felonies alongside violent felonies,” Dorsey told KQED. “The whole idea of sanctuary was to create a safe environment so that local governments could serve immigrant communities, including undocumented immigrant communities, and have their trust. To do otherwise would be to empower organized crime and elements that might exploit people who are in vulnerable situations.”\u003c/p>\n\u003cp>Under San Francisco’s current policy, local law enforcement can honor an ICE request to hold someone if that person is facing a violent felony charge and was previously convicted of a violent felony — including murder, rape and arson — in the previous seven years, or of a serious felony — including robbery and carjacking — in the previous five years.\u003c/p>\n\u003cp>Dorsey’s proposal would add people charged with dealing fentanyl to the list of exceptions for sanctuary protections. It would only apply to a person found guilty of selling fentanyl who had been previously convicted of fentanyl dealing or a violent felony in the prior seven years, or a serious felony in the prior five years.\u003c/p>\n\u003cp>Dorsey said he had not yet examined how deporting suspected dealers has affected the fentanyl crisis in other major cities with looser sanctuary laws. There is also little public data showing what portion of drug dealers in San Francisco are noncitizens.\u003c/p>\n\u003cp>Dorsey also did not say whether he would support Ronen’s separate resolution rejecting the DA’s request to notify ICE about the two suspects from Mexico.\u003c/p>\n\u003cp>For her part, Ronen said she opposes Dorsey’s proposal. And she and other immigration advocates say city officials do not need to compromise the city’s sanctuary law, which has been on the books since 1989, for federal immigration officials to arrest either of the suspects if and when they are released from San Francisco jail.\u003c/p>\n\u003cp>A similar challenge occurred in 2019, when the Department of Homeland Security demanded that San Francisco make an exception to its sanctuary policy to extradite a Tunisian national who had fled to Canada.\u003c/p>\n\u003cp>City officials ultimately decided they would not cooperate, saying it was unnecessary for DHS to do its work and could ultimately weaken the city’s sanctuary law. Nonetheless, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Assault-suspect-extradited-to-San-Francisco-13572023.php\">DHS successfully arranged for the suspect to be returned to San Francisco, where he was eventually prosecuted\u003c/a> for rape and sexual battery.\u003c/p>\n\u003cp>Much as they did in 2019, immigrant advocates are supporting Ronen’s call to stand up to federal immigration authorities in the current case.\u003c/p>\n\u003cp>“I’m urging the Board of Supervisors to remember that lesson from not very long ago that we don’t need to succumb to their distortions,” said Angela Chan, attorney with the San Francisco Public Defender’s Office, \u003ca href=\"https://sfpublicdefender.org/news/2022/02/san-francisco-public-defender-announces-the-hiring-of-angela-chan-long-time-immigrant-advocate-for-the-asian-law-caucus/\">who played a role in drafting California’s sanctuary law\u003c/a> and updating San Francisco’s policy. “It’s a threat, it’s empty, and we learned this only four years ago.”\u003c/p>\n\u003cp>“San Francisco should not fall for these tactics,” Chan added. “This is one of many things they do to try to attack our sanctuary ordinance.”\u003c/p>\n\u003cp>Weakening sanctuary protections would affect not only undocumented immigrants, but also documented immigrants with criminal histories. Any noncitizen is eligible for deportation if convicted of a wide range of crimes.\u003c/p>\n\u003cp>Jenkins says that while she supports San Francisco’s sanctuary city law, she is seeking an exemption in these particular cases to get the suspects extradited as soon as possible for what she described as “unspeakable crimes.”\u003c/p>\n\u003cp>“We cannot let two wanted fugitives hiding out internationally get away with murder and sexually abusing young children,” Jenkins said in a statement. “These men must be brought to the United States to face justice and be held accountable for their heinous crimes. We cannot let our well-intentioned policy be exploited in this way and must act now.”\u003c/p>\n\u003cp>Dorsey also expressed his support for the city’s sanctuary policy, but said fentanyl is so lethal that he thinks it should be treated differently from other drugs.\u003c/p>\n\u003cp>“I don’t think there is a precedent in drug policy for what we’re seeing with fentanyl. And what’s terrifying is that there are other synthetic opioids on the horizon that are cheaper and more profitable for dealers and drug cartels,” Dorsey said. “We’re in uncharted waters here.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war",
"title": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her",
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"headTitle": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED",
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"content": "\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it’s there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.[aside label=\"Related Stories\" postID=\"news_11924388,news_11923465,news_11909454\"]While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra’s close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn’t really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"auto, (max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister’s children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn’t know that I did … Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I’m not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>‘[T]here’s always that little hope … ‘\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.[pullquote align=\"right\" size=\"medium\" citation=\"Virginia Reyes, aunt of Sandra Castañeda\"]‘How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?’[/pullquote]Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there’s always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn’t believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that’s been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn’t need to be on someone’s record’ — should not be on someone’s record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda\"]‘These people are still messing with my life, even though I already paid for my crime.’[/pullquote]The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who’s not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It’s really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]‘ICE can just say we’re not going to choose to go after and deport these people. We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.’[/pullquote]“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he’s saying, ‘I don’t know if we’re going to find a bed. And if we don’t, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I’m going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it’ll be hot. Sometimes it’ll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>‘The system … is designed to wear people down’\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]‘The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.’[/pullquote]And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she’d give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don’t speak English and … I’m only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn’t know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn’t know that it’s so important to be able to get that citizenship if you’re able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda’s case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n",
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"excerpt": "After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.",
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"title": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it’s there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra’s close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn’t really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"auto, (max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister’s children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn’t know that I did … Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I’m not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>‘[T]here’s always that little hope … ‘\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there’s always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn’t believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that’s been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn’t need to be on someone’s record’ — should not be on someone’s record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”\u003c/p>\u003c/div>",
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"content": "‘These people are still messing with my life, even though I already paid for my crime.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who’s not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It’s really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.\u003c/p>\u003c/div>",
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"content": "‘ICE can just say we’re not going to choose to go after and deport these people. We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he’s saying, ‘I don’t know if we’re going to find a bed. And if we don’t, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I’m going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it’ll be hot. Sometimes it’ll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>‘The system … is designed to wear people down’\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.\u003c/p>\u003c/div>",
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"content": "‘The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she’d give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don’t speak English and … I’m only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn’t know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn’t know that it’s so important to be able to get that citizenship if you’re able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda’s case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "'Waste of Federal Funds': ICE Ends Contract With Northern California Jail After Years of Outrage Over Conditions",
"headTitle": "KQED News",
"content": "\u003cp>Federal immigration officials are terminating their detention contract with a Northern California county jail, the last public facility in the state to hold immigrants fighting deportation, KQED has learned. The news comes after years of public outcry over substandard and dangerous conditions in the facility.\u003c/p>\n\u003cp>A spokesperson for U.S. Immigration and Customs Enforcement said Friday the agency has provided the Yuba County Jail in Marysville 60 days' notice and will terminate the $8.7 million-a-year contract on Feb. 8.[pullquote align=\"right\" size=\"medium\" citation=\"US Rep. Zoe Lofgren (D-San José)\"]'ICE has made the proper decision to terminate its contract with the Yuba County Jail. The facility consistently failed to meet ICE's own detention standards and was a waste of federal funds.'[/pullquote]“It’s in the agency’s best interest to terminate agreements with an operationally unnecessary facility and utilize taxpayer resources more efficiently by housing noncitizens at other locations,” the spokesperson said in a statement.\u003c/p>\n\u003cp>ICE is currently holding just four people at the jail, though it is paying for a nightly minimum of 150 beds. For two months in 2021, no ICE detainees were housed there.\u003c/p>\n\u003cp>U.S. Rep. Zoe Lofgren (D-San José) applauded the news, saying, “ICE has made the proper decision to terminate its contract with the Yuba County Jail. The facility consistently \u003ca href=\"https://www.ice.gov/doclib/foia/odo-compliance-inspections/yubaCoJailMarysvilleCA_Apr5-9_2021.pdf\">failed to meet ICE’s own detention standards (PDF)\u003c/a> and was a waste of federal funds.”\u003c/p>\n\u003cp>Lofgren was one of 24 California Democratic members of Congress who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">sent a letter to ICE last year\u003c/a> calling on the agency to stop using Yuba and two privately run detention facilities in the state.\u003c/p>\n\u003cfigure id=\"attachment_11934903\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11934903\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg\" alt='Protesters on street hold a banner that reads \"Not One More Detention, Not One More Deportation\"' width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than a dozen people gather by ICE offices in San Francisco on Dec. 15, 2021. They called on the agency to terminate its detention contract with Yuba County Jail. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The letter read, in part: “Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled. In July 2020, guards retaliated against two men peacefully protesting poor conditions related to COVID-19 by ripping up their mattresses and denying them access to phone calls, mail, and soap.”\u003c/p>\n\u003cp>The Yuba County Jail has been under the supervision of a federal judge since 1979, in a \u003ca href=\"https://rbgg.com/wp-content/uploads/Yuba-CountyAmended-Consent-Decree-FINAL-08-10-18.pdf\">consent decree (PDF)\u003c/a> requiring the facility to correct deficiencies in medical and mental health care and access to exercise and recreation.\u003c/p>\n\u003cp>Immigrant rights advocates, who have \u003ca href=\"https://www.kqed.org/news/11899490/protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants\">pushed for years to close the facility\u003c/a> and other immigration detention centers, celebrated the news.\u003c/p>\n\u003cp>“I'm overwhelmed with joy and a lot of emotion,” said Edwin Carmona-Cruz of the California Collaborative for Immigrant Justice. “This is really years in the making.”[aside label=\"Related Stories\" postID=\"news_11835611,news_11597341,news_11917597\"]Carmona-Cruz, whose group is part of the \u003ca href=\"https://www.ccijustice.org/yuba-liberation-coalition\">Yuba Liberation Coalition\u003c/a>, credited the courage of detained immigrants who waged hunger strikes and spoke out about medical neglect and other dangers.\u003c/p>\n\u003cp>“This also reminds me of all of the people that we fought to get out,” he said. “This victory is really for them, because they came out publicly about the conditions inside, risking retaliation.”\u003c/p>\n\u003cp>Yuba County, meanwhile, will lose a multimillion-dollar revenue stream from the ICE contract, which dates back to 1994. It has ensured ICE a “guaranteed minimum” of 150 beds at all times, at the rate of $158.13 a day per bed, regardless of whether or not they are occupied, according to an April 28, 2020, \u003ca href=\"https://www.aclunc.org/sites/default/files/Received_2022.02.02_2012_2020_IGSA_Contract_Amendments.pdf\">contract modification (PDF)\u003c/a> between ICE and the county.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">revenue has helped the rural county\u003c/a>, north of Sacramento, weather economic downturns over the years. But at one point during the COVID-19 pandemic, all ICE detainees were released, partly due to a federal court order aimed at \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">preventing an outbreak\u003c/a> of the virus inside.\u003c/p>\n\u003cp>“Before COVID restrictions, our jail averaged close to 175 detainees,” said Yuba County Sheriff Wendell Anderson in a statement Friday. “That number has gradually decreased and it’s understandable that it no longer fiscally makes sense for ICE to continue the contract.”\u003c/p>\n\u003cp>Under President Joe Biden, the Department of Homeland Security has discontinued use of several other ICE detention facilities, including ones in Massachusetts, Georgia, Alabama and Florida. Most recently, ICE announced it is terminating its contract with the Berks County immigrant detention center in Pennsylvania, effective at the end of January.\u003c/p>\n\u003cp>ICE has adopted wider use of so-called “\u003ca href=\"https://www.ice.gov/detain/detention-management\">alternatives to detention\u003c/a>,” including GPS ankle monitors, under the Biden administration, but roughly 30,000 people are currently in ICE custody.\u003c/p>\n\u003cfigure id=\"attachment_11934902\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11934902\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg\" alt=\"A barred cell in Yuba jail.\" width=\"640\" height=\"427\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut-160x107.jpg 160w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">The hallway leading to sections of the jail, including the H-tank, where several inmates have tried to commit suicide by hanging themselves from bars. \u003ccite>(Courtesy of Rosen Bien Galvan and Grunfeld LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California all the remaining ICE detention facilities are operated by large private prison companies. They include the Otay Mesa Detention Center in San Diego and the Adelanto facility in San Bernardino County, which Lofgren and other members of Congress \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">flagged in a letter to DHS last year\u003c/a> for “dire conditions.” And they include the Mesa Verde and Golden State Annex facilities, which were the subject of \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-padilla-correa-ca-dems-call-dhs-investigation-ca-detention-centers\">another letter\u003c/a> from Democratic members to DHS Secretary Alejandro Mayorkas in September, raising alarm about “abusive and retaliatory” treatment of detainees. That letter cited \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">KQED’s reporting\u003c/a> on a labor strike by detained immigrants.\u003c/p>\n\u003cp>In its statement on the contract termination with Yuba County, ICE said it “works to ensure an appropriate detention footprint and will continue to evaluate the operation of each of its facilities to ensure its resources are effectively utilized.”\u003c/p>\n\u003cp>Advocates, meanwhile, insist ICE should not be locking up any immigrants going through deportation proceedings. ICE detention is not a punishment for a crime, it’s a form of civil detention, though it commonly feels punitive for those incarcerated.\u003c/p>\n\u003cp>“People who are fighting immigration cases don't need to be detained. There is absolutely no reason,” said Carmona-Cruz. “People fight their cases in the community with their families every single day without having to be in detention.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal immigration officials are terminating their detention contract with a Northern California county jail, the last public facility in the state to hold immigrants fighting deportation, KQED has learned. The news comes after years of public outcry over substandard and dangerous conditions in the facility.\u003c/p>\n\u003cp>A spokesperson for U.S. Immigration and Customs Enforcement said Friday the agency has provided the Yuba County Jail in Marysville 60 days' notice and will terminate the $8.7 million-a-year contract on Feb. 8.\u003c/p>\u003c/div>",
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"content": "'ICE has made the proper decision to terminate its contract with the Yuba County Jail. The facility consistently failed to meet ICE's own detention standards and was a waste of federal funds.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“It’s in the agency’s best interest to terminate agreements with an operationally unnecessary facility and utilize taxpayer resources more efficiently by housing noncitizens at other locations,” the spokesperson said in a statement.\u003c/p>\n\u003cp>ICE is currently holding just four people at the jail, though it is paying for a nightly minimum of 150 beds. For two months in 2021, no ICE detainees were housed there.\u003c/p>\n\u003cp>U.S. Rep. Zoe Lofgren (D-San José) applauded the news, saying, “ICE has made the proper decision to terminate its contract with the Yuba County Jail. The facility consistently \u003ca href=\"https://www.ice.gov/doclib/foia/odo-compliance-inspections/yubaCoJailMarysvilleCA_Apr5-9_2021.pdf\">failed to meet ICE’s own detention standards (PDF)\u003c/a> and was a waste of federal funds.”\u003c/p>\n\u003cp>Lofgren was one of 24 California Democratic members of Congress who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">sent a letter to ICE last year\u003c/a> calling on the agency to stop using Yuba and two privately run detention facilities in the state.\u003c/p>\n\u003cfigure id=\"attachment_11934903\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11934903\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg\" alt='Protesters on street hold a banner that reads \"Not One More Detention, Not One More Deportation\"' width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than a dozen people gather by ICE offices in San Francisco on Dec. 15, 2021. They called on the agency to terminate its detention contract with Yuba County Jail. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The letter read, in part: “Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled. In July 2020, guards retaliated against two men peacefully protesting poor conditions related to COVID-19 by ripping up their mattresses and denying them access to phone calls, mail, and soap.”\u003c/p>\n\u003cp>The Yuba County Jail has been under the supervision of a federal judge since 1979, in a \u003ca href=\"https://rbgg.com/wp-content/uploads/Yuba-CountyAmended-Consent-Decree-FINAL-08-10-18.pdf\">consent decree (PDF)\u003c/a> requiring the facility to correct deficiencies in medical and mental health care and access to exercise and recreation.\u003c/p>\n\u003cp>Immigrant rights advocates, who have \u003ca href=\"https://www.kqed.org/news/11899490/protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants\">pushed for years to close the facility\u003c/a> and other immigration detention centers, celebrated the news.\u003c/p>\n\u003cp>“I'm overwhelmed with joy and a lot of emotion,” said Edwin Carmona-Cruz of the California Collaborative for Immigrant Justice. “This is really years in the making.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Carmona-Cruz, whose group is part of the \u003ca href=\"https://www.ccijustice.org/yuba-liberation-coalition\">Yuba Liberation Coalition\u003c/a>, credited the courage of detained immigrants who waged hunger strikes and spoke out about medical neglect and other dangers.\u003c/p>\n\u003cp>“This also reminds me of all of the people that we fought to get out,” he said. “This victory is really for them, because they came out publicly about the conditions inside, risking retaliation.”\u003c/p>\n\u003cp>Yuba County, meanwhile, will lose a multimillion-dollar revenue stream from the ICE contract, which dates back to 1994. It has ensured ICE a “guaranteed minimum” of 150 beds at all times, at the rate of $158.13 a day per bed, regardless of whether or not they are occupied, according to an April 28, 2020, \u003ca href=\"https://www.aclunc.org/sites/default/files/Received_2022.02.02_2012_2020_IGSA_Contract_Amendments.pdf\">contract modification (PDF)\u003c/a> between ICE and the county.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">revenue has helped the rural county\u003c/a>, north of Sacramento, weather economic downturns over the years. But at one point during the COVID-19 pandemic, all ICE detainees were released, partly due to a federal court order aimed at \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">preventing an outbreak\u003c/a> of the virus inside.\u003c/p>\n\u003cp>“Before COVID restrictions, our jail averaged close to 175 detainees,” said Yuba County Sheriff Wendell Anderson in a statement Friday. “That number has gradually decreased and it’s understandable that it no longer fiscally makes sense for ICE to continue the contract.”\u003c/p>\n\u003cp>Under President Joe Biden, the Department of Homeland Security has discontinued use of several other ICE detention facilities, including ones in Massachusetts, Georgia, Alabama and Florida. Most recently, ICE announced it is terminating its contract with the Berks County immigrant detention center in Pennsylvania, effective at the end of January.\u003c/p>\n\u003cp>ICE has adopted wider use of so-called “\u003ca href=\"https://www.ice.gov/detain/detention-management\">alternatives to detention\u003c/a>,” including GPS ankle monitors, under the Biden administration, but roughly 30,000 people are currently in ICE custody.\u003c/p>\n\u003cfigure id=\"attachment_11934902\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11934902\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg\" alt=\"A barred cell in Yuba jail.\" width=\"640\" height=\"427\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut-160x107.jpg 160w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">The hallway leading to sections of the jail, including the H-tank, where several inmates have tried to commit suicide by hanging themselves from bars. \u003ccite>(Courtesy of Rosen Bien Galvan and Grunfeld LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California all the remaining ICE detention facilities are operated by large private prison companies. They include the Otay Mesa Detention Center in San Diego and the Adelanto facility in San Bernardino County, which Lofgren and other members of Congress \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">flagged in a letter to DHS last year\u003c/a> for “dire conditions.” And they include the Mesa Verde and Golden State Annex facilities, which were the subject of \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-padilla-correa-ca-dems-call-dhs-investigation-ca-detention-centers\">another letter\u003c/a> from Democratic members to DHS Secretary Alejandro Mayorkas in September, raising alarm about “abusive and retaliatory” treatment of detainees. That letter cited \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">KQED’s reporting\u003c/a> on a labor strike by detained immigrants.\u003c/p>\n\u003cp>In its statement on the contract termination with Yuba County, ICE said it “works to ensure an appropriate detention footprint and will continue to evaluate the operation of each of its facilities to ensure its resources are effectively utilized.”\u003c/p>\n\u003cp>Advocates, meanwhile, insist ICE should not be locking up any immigrants going through deportation proceedings. ICE detention is not a punishment for a crime, it’s a form of civil detention, though it commonly feels punitive for those incarcerated.\u003c/p>\n\u003cp>“People who are fighting immigration cases don't need to be detained. There is absolutely no reason,” said Carmona-Cruz. “People fight their cases in the community with their families every single day without having to be in detention.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003ch2>Bill Could Give Legal Status to Undocumented Agricultural Workers\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hundreds of California farmworkers and growers are rallying in Washington this week. They’re supporting a bipartisan bill that would create a pathway to citizenship for the nation’s undocumented farmworkers.\u003c/span>\u003cbr>\n\u003cem>Reporter: Joshua Yeager, KVPR\u003c/em>\u003c/p>\n\u003ch2>A UC Researcher Shares Why He’s Striking\u003c/h2>\n\u003cp>The University of California academic workers’ strike continues today and could stretch into the Thanksgiving holiday and beyond. Hear from one striking researcher who’s been on the picket line all week.\u003cbr>\n\u003cem>Reporter: Laura Fitzgerald\u003c/em>\u003c/p>\n\u003ch2>Striking Immigrant Detainees Accuse Jailers of Abuse, Retaliation\u003c/h2>\n\u003cp>In a preview of our sister show, The California Report Magazine this week \u003cspan style=\"font-weight: 400\">checks in on immigrant detainees who say they were retaliated against for waging a labor strike at the two facilities where they’re held. One man says he faced 40 days in solitary confinement for supporting the strike. \u003c/span>\u003cbr>\n\u003cem>Reporter: Farida Jhabvala Romero, KQED\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">More than a dozen California members of Congress called this week on the Biden administration to investigate a civil liberties complaint by immigrant detainees who allege they have been punished — including with solitary confinement — for participating in a peaceful labor strike at two for-profit facilities around Bakersfield. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In their \u003c/span>\u003cspan style=\"font-weight: 400\">letter\u003c/span>\u003cspan style=\"font-weight: 400\"> to the heads of the U.S. Department of Homeland Security, as well as Immigration and Customs Enforcement, \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/9.14.22%20-%20ICE%20CA%20Facility%20Follow%20up%20Letter%20Final.pdf\">the lawmakers said it’s critical for these agencies to conduct a review\u003c/a> of reported “disturbing conditions and abusive and retaliatory behavior towards detainees.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We want a complete investigation,” Zoe Lofgren (D-San José), who chairs the House Subcommittee on Immigration and Citizenship, told KQED. “If they determine that these allegations are correct, we believe that the contract for these facilities should be terminated.”\u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Pedro Figueroa, detainee, Mesa Verde ICE Processing Center\"]‘We’re the ones that have to experience the mistreatment or even retaliation when we do speak up.’[/pullquote]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nine men detained at the Mesa Verde ICE Processing Center and Golden State Annex, which are operated by the prison company The GEO Group, \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">filed a complaint\u003c/a> Tuesday with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Six of them said ICE and GEO staff placed them in solitary confinement because they supported a months-long labor strike seeking California’s minimum wage, instead of the $1 a day detainees are paid to clean dorms and bathrooms at the facilities. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The men also allege officials engaged in retaliation by taking away access to commissary items, and declined to investigate other grievances by detainees. The complaint was submitted by the California Collaborative for Immigrant Justice, the ACLU of Northern California and other immigrant rights organizations.\u003c/span>[aside postID=\"news_11923753,news_11919161,news_11923465\" label=\"Related Posts\"]This week, detainees at a third privately run facility in Calexico complained to DHS’s civil rights office that \u003ca href=\"https://www.ccijustice.org/laf-09-13\">they were locked up in solitary confinement for voicing concerns about poor conditions\u003c/a>, which the operating company, Management and Training Corporation, denies. That detention center, Imperial Regional Detention Facility\u003cb data-stringify-type=\"bold\">,\u003c/b> was flagged in 2020 by \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2020-12/OIG-21-12-Dec20.pdf\">agency inspectors who found two detainees had been kept in isolation for more than 300 days\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">This comes as Gov. Gavin Newsom is considering AB 2632, a bill approved by state lawmakers that would significantly restrict the use of solitary confinement for all incarcerated people, including immigrant detainees. If signed by Newsom, the bill would align California with United Nations rules that say prolonged solitary confinement lasting longer than 15 days can amount to torture and should be banned in most cases. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One complainant held at Mesa Verde, Mohamed Mousa, \u003c/span>\u003cspan style=\"font-weight: 400\">told KQED\u003c/span>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\"> he was forced to remain in solitary confinement for more than 40 days\u003c/a> beginning in late June, shortly after he joined the work stoppage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Another striker at the facility, Pedro Figueroa, said he was isolated for more than a week.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re the ones that have to experience the mistreatment or even retaliation when we do speak up,” said Figueroa, 33, who also signed on to \u003ca href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft\">a recent lawsuit accusing GEO of systemic wage theft and forced labor\u003c/a>, which the company denies.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If we allow it, then they just get away with it,” Figueroa added. “But we are humans. We shouldn’t allow those things, so we have to speak up.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Both men were moved to segregation under charges of “inciting or engaging in a demonstration,” as well as “conduct that disrupts/interferes with the security or operation of the facility,” according to GEO documents reviewed by KQED.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">ICE arrested Figueroa in 2021 and Mousa in 2019 upon their release from state prisons. Figueroa pled guilty to voluntary manslaughter in 2015, while Mousa’s convictions include felony assault in 2017 and possession of a firearm in 2019. Both men are fighting deportation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to ICE, placing a detainee in segregation is a serious step that should be used only when necessary and after careful consideration of alternatives. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But between 2013 and 2019, the agency recorded more than 13,700 segregation placements nationwide that lasted longer than 14 consecutive days or involved vulnerable detainees, such as those who are pregnant or mentally ill. That figure could be higher, as ICE fails to track the full use of segregation at its more than 200 detention centers across the country, according to a report by DHS’s Office of Inspector General. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\">\u003cspan style=\"font-weight: 400\">ICE has committed to implementing the watchdog agency’s recommendations\u003c/span>\u003c/a> to improve its supervision of solitary confinement by October 31.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal complaint by detainees at Mesa Verde and Golden State requests oversight agencies, including the recently created Office of the Immigration Detention Ombudsman, to recommend disciplinary measures for staffers who undertook or approved the alleged retaliation. Complainants also urged their release from detention, and for ICE to \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-2.pdf\">stop considering participation in a demonstration as a high offense\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A GEO spokesperson vehemently denied the allegations of retaliation, and said the company is committed to ensuring “a safe and humane environment” in all of their facilities, including a total of four detention centers in California.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed,” the spokesperson said in a statement, adding that the company is required to follow ICE’s strict standards, including for the use of segregation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“These baseless \u003c/span>\u003cspan style=\"font-weight: 400\">allegations are being instigated \u003c/span>\u003cspan style=\"font-weight: 400\">by politically motivated individuals and groups who use the media to promote their anti-detention agenda,” they said. “Their efforts are part of a long-standing radical campaign to attack ICE contractors, abolish ICE\u003c/span>\u003cspan style=\"font-weight: 400\">, and end \u003c/span>\u003cspan style=\"font-weight: 400\">federal immigration detention by pro\u003c/span>\u003cspan style=\"font-weight: 400\">xy.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The GEO spokesperson has repeatedly denied that a labor strike is taking place at the facilities, arguing that the work program is voluntary and in compliance with ICE’s guidelines that detainees be compensated “at least” $1 per workday. \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4726&context=caselrev\">Congress can change the rate, but hasn’t done so since 1978.\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">An ICE spokesperson did not comment directly on the complaint or the letter by lawmakers, but said the agency takes allegations of misconduct very seriously. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“\u003c/span>\u003cspan style=\"font-weight: 400\">When a complaint is received, it is investigated thoroughly to determine veracity and ensure comprehensive standards, which ICE is required to follow, are strictly maintained, and enforced,” the spokesperson wrote in a statement. “ICE fully respects the rights of all people to voice their opinion without interference, including through peaceful assembly and protest.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">DHS did not immediately return a request for comment. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">More than a dozen California members of Congress called this week on the Biden administration to investigate a civil liberties complaint by immigrant detainees who allege they have been punished — including with solitary confinement — for participating in a peaceful labor strike at two for-profit facilities around Bakersfield. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In their \u003c/span>\u003cspan style=\"font-weight: 400\">letter\u003c/span>\u003cspan style=\"font-weight: 400\"> to the heads of the U.S. Department of Homeland Security, as well as Immigration and Customs Enforcement, \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/9.14.22%20-%20ICE%20CA%20Facility%20Follow%20up%20Letter%20Final.pdf\">the lawmakers said it’s critical for these agencies to conduct a review\u003c/a> of reported “disturbing conditions and abusive and retaliatory behavior towards detainees.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We want a complete investigation,” Zoe Lofgren (D-San José), who chairs the House Subcommittee on Immigration and Citizenship, told KQED. “If they determine that these allegations are correct, we believe that the contract for these facilities should be terminated.”\u003c/span>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nine men detained at the Mesa Verde ICE Processing Center and Golden State Annex, which are operated by the prison company The GEO Group, \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">filed a complaint\u003c/a> Tuesday with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Six of them said ICE and GEO staff placed them in solitary confinement because they supported a months-long labor strike seeking California’s minimum wage, instead of the $1 a day detainees are paid to clean dorms and bathrooms at the facilities. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The men also allege officials engaged in retaliation by taking away access to commissary items, and declined to investigate other grievances by detainees. The complaint was submitted by the California Collaborative for Immigrant Justice, the ACLU of Northern California and other immigrant rights organizations.\u003c/span>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>This week, detainees at a third privately run facility in Calexico complained to DHS’s civil rights office that \u003ca href=\"https://www.ccijustice.org/laf-09-13\">they were locked up in solitary confinement for voicing concerns about poor conditions\u003c/a>, which the operating company, Management and Training Corporation, denies. That detention center, Imperial Regional Detention Facility\u003cb data-stringify-type=\"bold\">,\u003c/b> was flagged in 2020 by \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2020-12/OIG-21-12-Dec20.pdf\">agency inspectors who found two detainees had been kept in isolation for more than 300 days\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">This comes as Gov. Gavin Newsom is considering AB 2632, a bill approved by state lawmakers that would significantly restrict the use of solitary confinement for all incarcerated people, including immigrant detainees. If signed by Newsom, the bill would align California with United Nations rules that say prolonged solitary confinement lasting longer than 15 days can amount to torture and should be banned in most cases. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One complainant held at Mesa Verde, Mohamed Mousa, \u003c/span>\u003cspan style=\"font-weight: 400\">told KQED\u003c/span>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\"> he was forced to remain in solitary confinement for more than 40 days\u003c/a> beginning in late June, shortly after he joined the work stoppage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Another striker at the facility, Pedro Figueroa, said he was isolated for more than a week.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re the ones that have to experience the mistreatment or even retaliation when we do speak up,” said Figueroa, 33, who also signed on to \u003ca href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft\">a recent lawsuit accusing GEO of systemic wage theft and forced labor\u003c/a>, which the company denies.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If we allow it, then they just get away with it,” Figueroa added. “But we are humans. We shouldn’t allow those things, so we have to speak up.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Both men were moved to segregation under charges of “inciting or engaging in a demonstration,” as well as “conduct that disrupts/interferes with the security or operation of the facility,” according to GEO documents reviewed by KQED.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">ICE arrested Figueroa in 2021 and Mousa in 2019 upon their release from state prisons. Figueroa pled guilty to voluntary manslaughter in 2015, while Mousa’s convictions include felony assault in 2017 and possession of a firearm in 2019. Both men are fighting deportation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to ICE, placing a detainee in segregation is a serious step that should be used only when necessary and after careful consideration of alternatives. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But between 2013 and 2019, the agency recorded more than 13,700 segregation placements nationwide that lasted longer than 14 consecutive days or involved vulnerable detainees, such as those who are pregnant or mentally ill. That figure could be higher, as ICE fails to track the full use of segregation at its more than 200 detention centers across the country, according to a report by DHS’s Office of Inspector General. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\">\u003cspan style=\"font-weight: 400\">ICE has committed to implementing the watchdog agency’s recommendations\u003c/span>\u003c/a> to improve its supervision of solitary confinement by October 31.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal complaint by detainees at Mesa Verde and Golden State requests oversight agencies, including the recently created Office of the Immigration Detention Ombudsman, to recommend disciplinary measures for staffers who undertook or approved the alleged retaliation. Complainants also urged their release from detention, and for ICE to \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-2.pdf\">stop considering participation in a demonstration as a high offense\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A GEO spokesperson vehemently denied the allegations of retaliation, and said the company is committed to ensuring “a safe and humane environment” in all of their facilities, including a total of four detention centers in California.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed,” the spokesperson said in a statement, adding that the company is required to follow ICE’s strict standards, including for the use of segregation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“These baseless \u003c/span>\u003cspan style=\"font-weight: 400\">allegations are being instigated \u003c/span>\u003cspan style=\"font-weight: 400\">by politically motivated individuals and groups who use the media to promote their anti-detention agenda,” they said. “Their efforts are part of a long-standing radical campaign to attack ICE contractors, abolish ICE\u003c/span>\u003cspan style=\"font-weight: 400\">, and end \u003c/span>\u003cspan style=\"font-weight: 400\">federal immigration detention by pro\u003c/span>\u003cspan style=\"font-weight: 400\">xy.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The GEO spokesperson has repeatedly denied that a labor strike is taking place at the facilities, arguing that the work program is voluntary and in compliance with ICE’s guidelines that detainees be compensated “at least” $1 per workday. \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4726&context=caselrev\">Congress can change the rate, but hasn’t done so since 1978.\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">An ICE spokesperson did not comment directly on the complaint or the letter by lawmakers, but said the agency takes allegations of misconduct very seriously. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“\u003c/span>\u003cspan style=\"font-weight: 400\">When a complaint is received, it is investigated thoroughly to determine veracity and ensure comprehensive standards, which ICE is required to follow, are strictly maintained, and enforced,” the spokesperson wrote in a statement. “ICE fully respects the rights of all people to voice their opinion without interference, including through peaceful assembly and protest.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">DHS did not immediately return a request for comment. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session",
"title": "Effort to Block Prison-to-ICE Transfers in California Fails in Final Hours of Legislative Session",
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"headTitle": "Effort to Block Prison-to-ICE Transfers in California Fails in Final Hours of Legislative Session | KQED",
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"content": "\u003cp>California lawmakers rejected a bill that would have blocked state prisons and jails from transferring noncitizens to federal immigration custody after the completion of their sentences.\u003c/p>\n\u003cp>The so-called \u003ca class=\"Link\" href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">VISION Act\u003c/a>, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate late Wednesday, as lawmakers rushed to wrap up the legislative session.\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed similar legislation in 2019, saying then that it could “negatively impact prison operations.” The measure also faced stiff opposition from Republican lawmakers and law enforcement organizations, citing public safety concerns.\u003c/p>\n\u003cp>The Peace Officers Research Association of California said the bill would put “local law enforcement in a no-win situation, having to choose between state and federal laws.”\u003c/p>\n\u003cp>State law prohibits local police and sheriffs from cooperating with U.S. Immigration and Customs Enforcement for some crimes, but those rules don’t apply to the prison system.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The state transferred more than 1,400 incarcerated people to immigration authorities in 2020, according to the \u003ca href=\"https://www.asianprisonersupport.com/\">Asian Prisoner Support Committee\u003c/a>, an advocacy group.\u003c/p>\n\u003cp>State corrections officials estimated that the bill, had it become law, could have cost the state an additional $22 million a year to supervise more than 2,500 parolees who otherwise would have been deported.\u003c/p>\n\u003cp>Illinois, Oregon and Washington, D.C., have already ended such transfers, as have at least eight California counties.\u003c/p>\n\u003cp>State Sen. Susan Eggman, of Stockton, was among the few Democrats who also opposed the bill.\u003c/p>\n\u003cp>“Our immigration system is broken. It needs to be fixed. I can’t do that at my level,” Eggman said, noting her background as a trained social worker and someone who firmly believes in redemption. “But on this bill, I cannot support it … because at the end of the day, the job I do have is to ensure my community is safe and to do everything I can to ensure the safety of my constituents.”\u003c/p>\n\u003cp>The transfer issue \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">had drawn increased attention\u003c/a> in recent years after a number of noncitizen \u003ca href=\"https://apnews.com/article/bills-california-immigration-united-states-prisons-a9e4543eb6c5dbb662f09cfc4fe618f3\">incarcerated firefighters\u003c/a>, who risked their lives battling California blazes, were subsequently turned over to ICE when their sentences ended.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"vision-act\"]“Whether you are an American citizen or … a refugee, if you have served your time, you have a right to be treated equally in the state of California,” Assemblymember Wendy Carrillo, D-Los Angeles, argued in support of her bill, AB 937, in advance of the Senate’s consideration. She said the state’s current policy “has created a dual justice system” that allows for deportations.\u003c/p>\n\u003cp>Supporters in the Senate said it’s unfair that people who have served their time are subjected to more punishment because they are not citizens, a process they argue effectively inflicts “double punishment.” Many are U.S. residents who fled Southeast Asia as children with their families after the Vietnam War and landed in impoverished and violent neighborhoods, they said.\u003c/p>\n\u003cp>Activists rallied unsuccessfully last month to \u003ca href=\"https://www.sfchronicle.com/eastbay/article/He-barely-remembers-Cambodia-He-may-be-deported-17378205.php\">stop immigration officials from deporting Phoeun You\u003c/a>, a man who had been granted parole earlier this year after spending a quarter century behind bars at San Quentin State Prison for a 1995 homicide. You, 48, was sent to Cambodia, a country he hadn’t set foot in since he was 4 years old, when his family fled the Khmer Rouge genocide in the 1970s.\u003c/p>\n\u003cp>“Yes, they made mistakes as young people and they were incarcerated and punished, but have transformed decades later,” said state Sen. Richard Pan, D-Sacramento. “It’s time to end this violence against the AAPI community.”\u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, said the California Department of Corrections and Rehabilitation is being “incredibly arrogant” and basically “flipping us the bird” when lawmakers and voters have the power to set sentences for crimes.\u003c/p>\n\u003cp>“They paid their debt to the state of California, they did their time,” Wiener said.\u003c/p>\n\u003cp>More than 300 faith leaders signed a letter supporting the bill, which also had the backing of United Farm Workers co-founder Dolores Huerta.\u003c/p>\n\u003cp>“What is happening right now is totally inhumane,” Huerta said during an online news conference before the Senate’s consideration. “This is double jeopardy.”\u003c/p>\n\u003cp>The bill’s supporters held it out as another litmus test for Newsom, a Democrat frequently mentioned as a possible presidential contender.\u003c/p>\n\u003cp>Salvador Sarmiento, legislative director for the National Day Laborer Organizing Network, said the measure “is a test whether Gavin Newsom is the type of leadership the country needs right now.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green and Tyche Hendricks contributed reporting to this story.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California lawmakers rejected a bill that would have blocked state prisons and jails from transferring noncitizens to federal immigration custody after the completion of their sentences.\u003c/p>\n\u003cp>The so-called \u003ca class=\"Link\" href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">VISION Act\u003c/a>, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate late Wednesday, as lawmakers rushed to wrap up the legislative session.\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed similar legislation in 2019, saying then that it could “negatively impact prison operations.” The measure also faced stiff opposition from Republican lawmakers and law enforcement organizations, citing public safety concerns.\u003c/p>\n\u003cp>The Peace Officers Research Association of California said the bill would put “local law enforcement in a no-win situation, having to choose between state and federal laws.”\u003c/p>\n\u003cp>State law prohibits local police and sheriffs from cooperating with U.S. Immigration and Customs Enforcement for some crimes, but those rules don’t apply to the prison system.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The state transferred more than 1,400 incarcerated people to immigration authorities in 2020, according to the \u003ca href=\"https://www.asianprisonersupport.com/\">Asian Prisoner Support Committee\u003c/a>, an advocacy group.\u003c/p>\n\u003cp>State corrections officials estimated that the bill, had it become law, could have cost the state an additional $22 million a year to supervise more than 2,500 parolees who otherwise would have been deported.\u003c/p>\n\u003cp>Illinois, Oregon and Washington, D.C., have already ended such transfers, as have at least eight California counties.\u003c/p>\n\u003cp>State Sen. Susan Eggman, of Stockton, was among the few Democrats who also opposed the bill.\u003c/p>\n\u003cp>“Our immigration system is broken. It needs to be fixed. I can’t do that at my level,” Eggman said, noting her background as a trained social worker and someone who firmly believes in redemption. “But on this bill, I cannot support it … because at the end of the day, the job I do have is to ensure my community is safe and to do everything I can to ensure the safety of my constituents.”\u003c/p>\n\u003cp>The transfer issue \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">had drawn increased attention\u003c/a> in recent years after a number of noncitizen \u003ca href=\"https://apnews.com/article/bills-california-immigration-united-states-prisons-a9e4543eb6c5dbb662f09cfc4fe618f3\">incarcerated firefighters\u003c/a>, who risked their lives battling California blazes, were subsequently turned over to ICE when their sentences ended.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Whether you are an American citizen or … a refugee, if you have served your time, you have a right to be treated equally in the state of California,” Assemblymember Wendy Carrillo, D-Los Angeles, argued in support of her bill, AB 937, in advance of the Senate’s consideration. She said the state’s current policy “has created a dual justice system” that allows for deportations.\u003c/p>\n\u003cp>Supporters in the Senate said it’s unfair that people who have served their time are subjected to more punishment because they are not citizens, a process they argue effectively inflicts “double punishment.” Many are U.S. residents who fled Southeast Asia as children with their families after the Vietnam War and landed in impoverished and violent neighborhoods, they said.\u003c/p>\n\u003cp>Activists rallied unsuccessfully last month to \u003ca href=\"https://www.sfchronicle.com/eastbay/article/He-barely-remembers-Cambodia-He-may-be-deported-17378205.php\">stop immigration officials from deporting Phoeun You\u003c/a>, a man who had been granted parole earlier this year after spending a quarter century behind bars at San Quentin State Prison for a 1995 homicide. You, 48, was sent to Cambodia, a country he hadn’t set foot in since he was 4 years old, when his family fled the Khmer Rouge genocide in the 1970s.\u003c/p>\n\u003cp>“Yes, they made mistakes as young people and they were incarcerated and punished, but have transformed decades later,” said state Sen. Richard Pan, D-Sacramento. “It’s time to end this violence against the AAPI community.”\u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, said the California Department of Corrections and Rehabilitation is being “incredibly arrogant” and basically “flipping us the bird” when lawmakers and voters have the power to set sentences for crimes.\u003c/p>\n\u003cp>“They paid their debt to the state of California, they did their time,” Wiener said.\u003c/p>\n\u003cp>More than 300 faith leaders signed a letter supporting the bill, which also had the backing of United Farm Workers co-founder Dolores Huerta.\u003c/p>\n\u003cp>“What is happening right now is totally inhumane,” Huerta said during an online news conference before the Senate’s consideration. “This is double jeopardy.”\u003c/p>\n\u003cp>The bill’s supporters held it out as another litmus test for Newsom, a Democrat frequently mentioned as a possible presidential contender.\u003c/p>\n\u003cp>Salvador Sarmiento, legislative director for the National Day Laborer Organizing Network, said the measure “is a test whether Gavin Newsom is the type of leadership the country needs right now.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green and Tyche Hendricks contributed reporting to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"order": 9
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"id": "fresh-air",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"order": 18
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"source": "American Public Media"
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"rss": "https://rss.art19.com/masters-of-scale"
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},
"mindshift": {
"id": "mindshift",
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"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"meta": {
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"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"order": 11
},
"link": "/podcasts/onourwatch",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
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},
"link": "/radio/program/on-the-media",
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"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
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},
"pbs-newshour": {
"id": "pbs-newshour",
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"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
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},
"perspectives": {
"id": "perspectives",
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"order": 14
},
"link": "/perspectives",
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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},
"link": "/radio/program/planet-money",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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"rss": "https://feeds.npr.org/510289/podcast.xml"
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},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
},
"link": "/podcasts/politicalbreakdown",
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"amazon": "https://music.amazon.com/podcasts/e0c2d153-ad36-4c8d-901d-f1da6a724824/political-breakdown",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
"meta": {
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"source": "Possible"
},
"link": "/radio/program/possible",
"subscribe": {
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
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