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"content": "\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California’s existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If individuals have served their time, have paid their debt to society, regardless of where you are born you have a right to restart your life,” she said. “That is the societal contract that we have. And California should not be in the business of collaborating with ICE.”\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration hold\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.[pullquote align=\"right\" size=\"medium\" citation=\"California Assemblymember Wendy Carrillo\"]‘If individuals have served their time, have paid their debt to society, regardless of where you are born, you have a right to restart your life. That is the societal contract that we have.’[/pullquote]The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we’re always proud to say that we’re the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we’re not the first, because other states have already taken care of this issue. … It’s time for us to act.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda, Los Angeles resident\"]‘I thought I would never say this, but prison is better than this place.’[/pullquote]Huerta called the transfers “double jeopardy” because people often wind up spending additional months or years in ICE detention, where it’s more difficult to mount a defense against deportation.\u003c/p>\n\u003cp>Los Angeles resident Sandra Castañeda lived through that. When her conviction for a murder she didn’t commit was vacated last summer, she thought she’d be going home after 19 years in prison. Instead, she was handed to ICE and held for a year in a private detention center in rural Georgia. She said she saw many women there give up their cases in desperation and accept deportation, because they couldn’t bear the conditions.\u003c/p>\n\u003cp>“I thought I would never say this, but prison is better than this place,” Castañeda said last month in a phone call from the Stewart Detention Center in Lumpkin, Ga. “In prison you have a routine. You have a job, there’s classes, there’s things to do. … Here, you’re stuck in a dorm with 23 people, all day, every day.”\u003c/p>\n\u003cp>Castañeda was released this month with the help of a pro bono lawyer, Anoop Prasad of the Asian Law Caucus in San Francisco. An immigration judge ruled that she’s not deportable because she no longer has an aggravated felony on her record.\u003c/p>\n\u003cp>Castañeda’s conviction was wiped away by a California judge after the Legislature eliminated the state’s “felony murder” rule, which had allowed her to be charged with murder because she was driving a car out of which a fatal shot was fired, even though she had no indication that her passenger would shoot. But Prasad noted that Castañeda also earned a commutation from Gov. Gavin Newsom because of her exemplary behavior in prison.\u003c/p>\n\u003cp>“For the governor on the one hand to be like, ‘I’m granting clemency. You’re a model for other incarcerated people.’ And then in the next breath to say, ‘Oh, call up ICE and have this person deported,’” makes no sense, Prasad said. “California needs to end this hypocrisy of working with an agency that’s so cruel.”\u003c/p>\n\u003cp>A UC San Diego poll last summer found \u003ca href=\"https://usipc.ucsd.edu/publications/usipc-vision-act-final-20210803.pdf\">two-thirds of California voters supported the VISION Act\u003c/a>.\u003c/p>\n\u003cp>The bill could go to a vote in the state Senate next week. Newsom has not given any indication of whether he will sign the bill if it reaches his desk.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Aug. 26 Correction: A previous version of this story mischaracterized SB 54, the California Values Act, saying it allowed police and sheriffs to collaborate with ICE only in cases of immigrants convicted of serious or violent crimes. In fact, the law allows them to do so when a person has been convicted (or in some cases charged) with a long list of crimes, including some misdemeanors.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California’s existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we’re always proud to say that we’re the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we’re not the first, because other states have already taken care of this issue. … It’s time for us to act.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Huerta called the transfers “double jeopardy” because people often wind up spending additional months or years in ICE detention, where it’s more difficult to mount a defense against deportation.\u003c/p>\n\u003cp>Los Angeles resident Sandra Castañeda lived through that. When her conviction for a murder she didn’t commit was vacated last summer, she thought she’d be going home after 19 years in prison. Instead, she was handed to ICE and held for a year in a private detention center in rural Georgia. She said she saw many women there give up their cases in desperation and accept deportation, because they couldn’t bear the conditions.\u003c/p>\n\u003cp>“I thought I would never say this, but prison is better than this place,” Castañeda said last month in a phone call from the Stewart Detention Center in Lumpkin, Ga. “In prison you have a routine. You have a job, there’s classes, there’s things to do. … Here, you’re stuck in a dorm with 23 people, all day, every day.”\u003c/p>\n\u003cp>Castañeda was released this month with the help of a pro bono lawyer, Anoop Prasad of the Asian Law Caucus in San Francisco. An immigration judge ruled that she’s not deportable because she no longer has an aggravated felony on her record.\u003c/p>\n\u003cp>Castañeda’s conviction was wiped away by a California judge after the Legislature eliminated the state’s “felony murder” rule, which had allowed her to be charged with murder because she was driving a car out of which a fatal shot was fired, even though she had no indication that her passenger would shoot. But Prasad noted that Castañeda also earned a commutation from Gov. Gavin Newsom because of her exemplary behavior in prison.\u003c/p>\n\u003cp>“For the governor on the one hand to be like, ‘I’m granting clemency. You’re a model for other incarcerated people.’ And then in the next breath to say, ‘Oh, call up ICE and have this person deported,’” makes no sense, Prasad said. “California needs to end this hypocrisy of working with an agency that’s so cruel.”\u003c/p>\n\u003cp>A UC San Diego poll last summer found \u003ca href=\"https://usipc.ucsd.edu/publications/usipc-vision-act-final-20210803.pdf\">two-thirds of California voters supported the VISION Act\u003c/a>.\u003c/p>\n\u003cp>The bill could go to a vote in the state Senate next week. Newsom has not given any indication of whether he will sign the bill if it reaches his desk.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A multibillion-dollar private prison company has allegedly maximized profits by coercing immigrant detainees locked up at two of its facilities in California to work for $1 a day, according to a class-action lawsuit filed July 13 in federal court in Fresno.\u003c/p>\n\u003cp>The \u003ca href=\"https://drive.google.com/file/d/1qODBJRe2MOSHmTL0MIru7NG2lyKfcJ_R/view\" target=\"_blank\" rel=\"noopener noreferrer\">legal challenge\u003c/a> accuses The GEO Group, a long-time contractor for U.S. Immigration and Customs Enforcement, with “systematic and unlawful wage theft, unjust enrichment and forced labor” at the Mesa Verde ICE Processing Facility in Bakersfield and the nearby Golden State Annex in McFarland.\u003c/p>\n\u003cp>The plaintiffs — nine ICE detainees who brought the lawsuit on behalf of other immigrants also jailed at the facilities — seek to recover unpaid wages, and for GEO to compensate its detained workforce with at least California’s minimum wage of $15 per hour.\u003c/p>\n\u003cp>GEO pays the paltry daily rate of $1 to detainees who volunteer to clean dormitories and dining halls, do laundry, assist detainees with disabilities and do other tasks to maintain the facilities, according to the lawsuit.\u003c/p>\n\u003cp>“We are civilians, we are being employed like this and I believe the right thing to do is give us what California has decided as its minimum wage to employees,” said Pedro Figueroa, 33, who until recently swept floors and scrubbed bathrooms at Mesa Verde for 40 hours per week. “We are fed up with all the injustices here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some detainees say they participate in the cleaning program to be able to afford phone calls with loved ones or commissary items, like dental floss and tortillas, which are not provided by the facility. The lawsuit argues that the program is not truly voluntary because GEO staffers may threaten or punish detainees with disciplinary action or loss of recreation, commissary, library and telephone access if they protest the inadequate pay, according to Gay Grunfeld, one of the attorneys representing the plaintiffs. [pullquote size=\"medium\" align=\"right\" citation=\"Gay Grunfeld, attorney\"]‘It’s shocking. These workers are forced to do an eight-hour shift for $1 a day.’[/pullquote]\u003c/p>\n\u003cp>“They are being forced to work under threat of sanctions,” said Grunfeld of the San Francisco law firm Rosen Bien Galvan & Grunfeld. “It’s shocking. These workers are forced to do an eight-hour shift for $1 a day. So that’s a blatant violation of California minimum wage laws and other labor protections.”\u003c/p>\n\u003cp>The complaint comes after Figueroa and other detainees joined a months-long labor strike by immigrants held at the two GEO-run detention centers to protest wages, unfair treatment and other issues, according to immigrant advocates.\u003c/p>\n\u003cp>Figueroa, the father of four children who are U.S. citizens, \u003ca href=\"https://www.kqed.org/news/11919161/ice-detainees-protested-1-a-day-wage-now-theyre-in-solitary-confinement\">was held in a small, windowless cell for about a week\u003c/a> at Mesa Verde, which he said was retaliation for backing the work stoppage.[aside postID=news_11919161]Mohamed Mousa, a detainee who announced his support for the strike on June 28, remains in solitary confinement at the facility after more than two weeks, according to his attorney, Kelsey Morales, with the Alameda County Public Defender’s Office.\u003c/p>\n\u003cp>Additional court cases in California and other states allege GEO and other for-profit operators of immigration detention centers have engaged in forced labor and minimum wage violations. Last year, a federal judge in Washington state ordered GEO to pay $23 million for failing to compensate detained workers with minimum wage at a facility in Tacoma. The Florida-based company reportedly shut down its worker program and is seeking to reverse the ruling before the Ninth U.S. Circuit Court of Appeals, which is now considering the case.\u003c/p>\n\u003cp>A spokesperson for GEO has repeatedly denied the existence of a labor strike at either facility. He rejected the allegations by detainees as “completely without merit,” and said that ICE guidelines for the detention centers require detainees to keep their personal living areas clean. [aside tag=\"immigration\" label=\"More Related Stories\"]“The allegations brought in this lawsuit are similar to those brought in previous cases involving the federal government’s Voluntary Work Program, which GEO is contractually required to implement and administer on behalf of ICE,” the spokesperson said, adding that the company will vigorously defend itself against the accusations in court.\u003c/p>\n\u003cp>ICE declined to comment on the lawsuit.\u003c/p>\n\u003cp>Christina Cano, a spokesperson with the Department of Industrial Relations, which oversees investigations of potential wage theft, said detained immigrant workers in California are considered “employees” and are entitled to pursue civil remedy for unpaid wages, based on a ruling by a federal judge in 2018.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>GEO, a multinational company that operates four out of seven immigration detention centers in California, made more than $3 billion per year in revenues in 2018, 2019 and 2020, according to the lawsuit. Contracts with ICE accounted for about 28% of its revenues in 2019 and 2020.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A multibillion-dollar private prison company has allegedly maximized profits by coercing immigrant detainees locked up at two of its facilities in California to work for $1 a day, according to a class-action lawsuit filed July 13 in federal court in Fresno.\u003c/p>\n\u003cp>The \u003ca href=\"https://drive.google.com/file/d/1qODBJRe2MOSHmTL0MIru7NG2lyKfcJ_R/view\" target=\"_blank\" rel=\"noopener noreferrer\">legal challenge\u003c/a> accuses The GEO Group, a long-time contractor for U.S. Immigration and Customs Enforcement, with “systematic and unlawful wage theft, unjust enrichment and forced labor” at the Mesa Verde ICE Processing Facility in Bakersfield and the nearby Golden State Annex in McFarland.\u003c/p>\n\u003cp>The plaintiffs — nine ICE detainees who brought the lawsuit on behalf of other immigrants also jailed at the facilities — seek to recover unpaid wages, and for GEO to compensate its detained workforce with at least California’s minimum wage of $15 per hour.\u003c/p>\n\u003cp>GEO pays the paltry daily rate of $1 to detainees who volunteer to clean dormitories and dining halls, do laundry, assist detainees with disabilities and do other tasks to maintain the facilities, according to the lawsuit.\u003c/p>\n\u003cp>“We are civilians, we are being employed like this and I believe the right thing to do is give us what California has decided as its minimum wage to employees,” said Pedro Figueroa, 33, who until recently swept floors and scrubbed bathrooms at Mesa Verde for 40 hours per week. “We are fed up with all the injustices here.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“They are being forced to work under threat of sanctions,” said Grunfeld of the San Francisco law firm Rosen Bien Galvan & Grunfeld. “It’s shocking. These workers are forced to do an eight-hour shift for $1 a day. So that’s a blatant violation of California minimum wage laws and other labor protections.”\u003c/p>\n\u003cp>The complaint comes after Figueroa and other detainees joined a months-long labor strike by immigrants held at the two GEO-run detention centers to protest wages, unfair treatment and other issues, according to immigrant advocates.\u003c/p>\n\u003cp>Figueroa, the father of four children who are U.S. citizens, \u003ca href=\"https://www.kqed.org/news/11919161/ice-detainees-protested-1-a-day-wage-now-theyre-in-solitary-confinement\">was held in a small, windowless cell for about a week\u003c/a> at Mesa Verde, which he said was retaliation for backing the work stoppage.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Mohamed Mousa, a detainee who announced his support for the strike on June 28, remains in solitary confinement at the facility after more than two weeks, according to his attorney, Kelsey Morales, with the Alameda County Public Defender’s Office.\u003c/p>\n\u003cp>Additional court cases in California and other states allege GEO and other for-profit operators of immigration detention centers have engaged in forced labor and minimum wage violations. Last year, a federal judge in Washington state ordered GEO to pay $23 million for failing to compensate detained workers with minimum wage at a facility in Tacoma. The Florida-based company reportedly shut down its worker program and is seeking to reverse the ruling before the Ninth U.S. Circuit Court of Appeals, which is now considering the case.\u003c/p>\n\u003cp>A spokesperson for GEO has repeatedly denied the existence of a labor strike at either facility. He rejected the allegations by detainees as “completely without merit,” and said that ICE guidelines for the detention centers require detainees to keep their personal living areas clean. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The allegations brought in this lawsuit are similar to those brought in previous cases involving the federal government’s Voluntary Work Program, which GEO is contractually required to implement and administer on behalf of ICE,” the spokesperson said, adding that the company will vigorously defend itself against the accusations in court.\u003c/p>\n\u003cp>ICE declined to comment on the lawsuit.\u003c/p>\n\u003cp>Christina Cano, a spokesperson with the Department of Industrial Relations, which oversees investigations of potential wage theft, said detained immigrant workers in California are considered “employees” and are entitled to pursue civil remedy for unpaid wages, based on a ruling by a federal judge in 2018.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>GEO, a multinational company that operates four out of seven immigration detention centers in California, made more than $3 billion per year in revenues in 2018, 2019 and 2020, according to the lawsuit. Contracts with ICE accounted for about 28% of its revenues in 2019 and 2020.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>Update, 5 p.m. July 11: \u003c/strong>Mesa Verde ICE Processing Center staff moved Pedro Figueroa out of solitary confinement on July 8, shortly after KQED published this story, according to his attorney. Mohamed Mousa remains in what’s officially known as “administrative segregation,” his attorney said. Both men were found guilty of “inciting or engaging in a demonstration,” charges allegedly related to a monthslong labor strike by immigration detainees seeking higher wages.\u003c/p>\n\u003cp>A spokesman with The GEO Group, which operates the immigration detention center, declined to confirm the status of the men, and referred questions to ICE. The agency did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cstrong>Original story, July 8:\u003c/strong>\u003cbr>\nTwo immigrant detainees have been held in solitary confinement for over a week for backing a labor strike seeking better wages and conditions at the privately run facility where they are held in Bakersfield, the men told KQED.\u003c/p>\n\u003cp>The alleged retaliation fuels fear and intimidation, according to interviews with the men, their attorneys and advocates.\u003c/p>\n\u003cp>Mohamed Mousa and Pedro Figueroa said they were moved to a restricted housing unit after signing a declaration on June 28 that they and 15 others were joining a months-long peaceful work stoppage by U.S. Immigration and Customs Enforcement detainees who are paid $1 a day to clean dormitories and bathrooms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Pedro Figueroa, ICE detainee\"]‘I chose not to work and voice my opinion respectfully, and that’s within my right … What did I do wrong?’[/pullquote]Employees with The GEO Group, a large private prison company that operates the Mesa Verde ICE Processing Center in Bakersfield, transferred the men separately to “administrative segregation” on June 29 and June 30, according to GEO forms viewed by KQED.\u003c/p>\n\u003cp>“This is what they’re doing to retaliate against people who speak up. This is what they’re doing to intimidate us, which I am intimidated,” Figueroa, 33, said by phone as he sat in what he described as a small, windowless cell detainees refer to as “the hole.”\u003c/p>\n\u003cp>“I chose not to work and voice my opinion respectfully, and that’s within my right,” added Figueroa, a former incarcerated firefighter who battled the massive August Complex fire in 2020. “I’m trying to understand, what did I do wrong?”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Documents show GEO staffers charged Figueroa and Mousa with “inciting or engaging in a demonstration” and “conduct that disrupts/interferes with the security or operation of the facility.” Both are \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/pbnds2011r2016.pdf\">labeled as high offenses under ICE guidelines\u003c/a> for the detention center.\u003c/p>\n\u003cp>Figueroa and Mousa said they are kept in their cells — about 6 by 12 feet, with a sink, toilet and a cot — for 22 hours a day or longer.\u003c/p>\n\u003cp>“It gives you anxiety, raises your stress level. It raises your depression level,” said Mousa, a 41-year-old immigrant from Egypt and former film student in Los Angeles. “It’s a terrible place to be. It’s like they dig a grave and throw you in.”\u003c/p>\n\u003cp>Upon request, Mousa and Figueroa have access to a phone and an electronic tablet, which guards push through a slit in the room’s metal door. Calls and entertainment, such as music or books, may cost anywhere between $0.03 and $0.11 per minute, the detainees said.\u003c/p>\n\u003cp>A spokesperson for GEO, \u003ca href=\"https://www.businesswire.com/news/home/20220502005931/en/The-GEO-Group-Reports-First-Quarter-2022-Results\">which reported total revenues of $551 million in the first quarter of 2022\u003c/a>, rebuffed allegations that the detainees are being punished for protesting their working and living conditions.\u003c/p>\n\u003cp>The strikers, including more than a dozen so-called “housing porters,” are calling for California’s $15 per hour minimum wage, fair treatment by Mesa Verde’s administration and more nutritious meals, among other demands. Some detainees at the facility have refused to work since April 28, but their demands have been largely ignored by GEO and ICE, said Esperanza Cuautle, a community organizer with Pangea Legal Services.\u003c/p>\n\u003cfigure id=\"attachment_11919181\" class=\"wp-caption alignright\" style=\"max-width: 648px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11919181\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg\" alt=\"a smiling bald man holds a chainsaw wearing work clothing\" width=\"648\" height=\"1017\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg 648w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp-160x251.jpeg 160w\" sizes=\"(max-width: 648px) 100vw, 648px\">\u003cfigcaption class=\"wp-caption-text\">Pedro Figueroa poses at the Antelope Fire camp in Siskiyou County in 2021. When he was incarcerated, before his ICE detention, Figueroa won a spot in the California Department of Corrections and Rehabilitation’s fire camp program, and helped battle wildfires. \u003ccite>(Courtesy of the Figueroa family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO spokesperson repeatedly denied a labor strike is taking place at Mesa Verde and \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">Golden State Annex, a nearby detention center also operated by the multinational company\u003c/a>, arguing that the detained workers are part of a voluntary program. But he declined to answer what demonstration or disruption the detainees were charged with engaging in.\u003c/p>\n\u003cp>“We continue to strongly reject these baseless allegations,” said the spokesperson for the Florida-based company. “Our facilities, including the Mesa Verde ICE Processing Center, provide high-quality services in accordance with all federal contract requirements.\u003c/p>\n\u003cp>“The Mesa Verde ICE Processing Center is maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants.”\u003c/p>\n\u003cp>Mesa Verde currently detains 51 men, according to \u003ca href=\"https://www.ice.gov/detain/detention-management\">ICE’s most recent detention statistics\u003c/a>. Figueroa and Mousa were arrested by the agency after being released from state prisons for felony convictions, according to court records and their attorneys.\u003c/p>\n\u003cp>Figueroa, however, felt no choice but to take a plea deal and continues to maintain his innocence, according to his lawyer, Katie Kavanagh, with the California Collaborative for Immigrant Justice.\u003c/p>\n\u003cp>Mousa entered the U.S. lawfully in 2006, and has since been granted protections against deportation by two separate immigration judges, but ICE has appealed, said Kelsey Morales, an immigration attorney with the Alameda County Public Defender’s Office.\u003c/p>\n\u003cp>Figueroa, the father of four children born in the U.S., was brought to the country as a baby. He grew up in Orange County, according to Kavanagh.\u003c/p>\n\u003cp>Detainees often opt to work for $1 a day to help their families afford what they describe as costly phone calls and commissary items such as dental floss and tortillas — and to ensure clean living areas, which they say no other janitorial service maintains at Mesa Verde.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Eunice Cho, attorney, ACLU\"]‘These private prison companies are profiting by millions of dollars every year by using these volunteer work programs.’[/pullquote]In California, immigrant detainees paid $1 a day in privately run facilities are entitled to pursue civil remedy for unpaid wages, and are considered “employees” based on a ruling by a federal judge in 2018, said Christina Cano, a spokesperson with the Department of Industrial Relations, which oversees the enforcement of minimum wage laws.\u003c/p>\n\u003cp>Nationwide, for-profit operators of immigration detention centers commonly use the voluntary work program to do cleaning, maintenance, laundry and other tasks that keep facilities running, saving money on labor costs, according to Eunice Cho, an attorney with the ACLU National Prison Project in Washington, D.C.\u003c/p>\n\u003cp>“These private prison companies are profiting by millions of dollars every year by using these volunteer work programs,” Cho said. “Private prison companies have often used punishment to ask for more people to perform labor, doing things like threatening and putting people into solitary confinement, denying food.”\u003c/p>\n\u003cp>Courts in California, Washington and other states are currently deciding whether these labor practices constitute illegal forced labor or minimum wage law violations, and whether companies like GEO are accountable, according to Cho.\u003c/p>\n\u003cp>[aside postID=news_11917597 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/06/GoldenStateAnnex-1020x698.jpg']Moreover, immigrants who are detained by the federal government while they fight deportation — a civil, not criminal proceeding — have the right to freedom of speech, she added.\u003c/p>\n\u003cp>“It’s long settled that the First Amendment prohibits the use of solitary confinement as punishment for speaking up against conditions of confinement in prisons and detention centers,” Cho said.\u003c/p>\n\u003cp>It’s unclear whether ICE agrees. ICE did not return requests for comment on the rule, the labor strike or retaliation allegations.\u003c/p>\n\u003cp>But the reports of potentially exploitative work and retaliation at Mesa Verde are “alarming,” said a spokesperson for U.S. Senator Alex Padilla, D-Calif.\u003c/p>\n\u003cp>“Our office is working to gather additional information and ensure there is proper oversight,” she said in a statement.\u003c/p>\n\u003cp>Likewise, South Bay Congressmember Zoe Lofgren, D-San José, who chairs the Subcommittee on Immigration and Citizenship, said she has “long been concerned” about immigration authorities’ use of for-profit prisons and conditions for detainees.\u003c/p>\n\u003cp>“These new allegations are troubling, yet sadly unsurprising,” said Lofgren, who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">led 22 Democratic colleagues in urging the Biden administration to close three detention centers in California\u003c/a>, including one operated by GEO. “I take these allegations seriously and expect a complete and thorough investigation.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 5 p.m. July 11: \u003c/strong>Mesa Verde ICE Processing Center staff moved Pedro Figueroa out of solitary confinement on July 8, shortly after KQED published this story, according to his attorney. Mohamed Mousa remains in what’s officially known as “administrative segregation,” his attorney said. Both men were found guilty of “inciting or engaging in a demonstration,” charges allegedly related to a monthslong labor strike by immigration detainees seeking higher wages.\u003c/p>\n\u003cp>A spokesman with The GEO Group, which operates the immigration detention center, declined to confirm the status of the men, and referred questions to ICE. The agency did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cstrong>Original story, July 8:\u003c/strong>\u003cbr>\nTwo immigrant detainees have been held in solitary confinement for over a week for backing a labor strike seeking better wages and conditions at the privately run facility where they are held in Bakersfield, the men told KQED.\u003c/p>\n\u003cp>The alleged retaliation fuels fear and intimidation, according to interviews with the men, their attorneys and advocates.\u003c/p>\n\u003cp>Mohamed Mousa and Pedro Figueroa said they were moved to a restricted housing unit after signing a declaration on June 28 that they and 15 others were joining a months-long peaceful work stoppage by U.S. Immigration and Customs Enforcement detainees who are paid $1 a day to clean dormitories and bathrooms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘I chose not to work and voice my opinion respectfully, and that’s within my right … What did I do wrong?’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Employees with The GEO Group, a large private prison company that operates the Mesa Verde ICE Processing Center in Bakersfield, transferred the men separately to “administrative segregation” on June 29 and June 30, according to GEO forms viewed by KQED.\u003c/p>\n\u003cp>“This is what they’re doing to retaliate against people who speak up. This is what they’re doing to intimidate us, which I am intimidated,” Figueroa, 33, said by phone as he sat in what he described as a small, windowless cell detainees refer to as “the hole.”\u003c/p>\n\u003cp>“I chose not to work and voice my opinion respectfully, and that’s within my right,” added Figueroa, a former incarcerated firefighter who battled the massive August Complex fire in 2020. “I’m trying to understand, what did I do wrong?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Documents show GEO staffers charged Figueroa and Mousa with “inciting or engaging in a demonstration” and “conduct that disrupts/interferes with the security or operation of the facility.” Both are \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/pbnds2011r2016.pdf\">labeled as high offenses under ICE guidelines\u003c/a> for the detention center.\u003c/p>\n\u003cp>Figueroa and Mousa said they are kept in their cells — about 6 by 12 feet, with a sink, toilet and a cot — for 22 hours a day or longer.\u003c/p>\n\u003cp>“It gives you anxiety, raises your stress level. It raises your depression level,” said Mousa, a 41-year-old immigrant from Egypt and former film student in Los Angeles. “It’s a terrible place to be. It’s like they dig a grave and throw you in.”\u003c/p>\n\u003cp>Upon request, Mousa and Figueroa have access to a phone and an electronic tablet, which guards push through a slit in the room’s metal door. Calls and entertainment, such as music or books, may cost anywhere between $0.03 and $0.11 per minute, the detainees said.\u003c/p>\n\u003cp>A spokesperson for GEO, \u003ca href=\"https://www.businesswire.com/news/home/20220502005931/en/The-GEO-Group-Reports-First-Quarter-2022-Results\">which reported total revenues of $551 million in the first quarter of 2022\u003c/a>, rebuffed allegations that the detainees are being punished for protesting their working and living conditions.\u003c/p>\n\u003cp>The strikers, including more than a dozen so-called “housing porters,” are calling for California’s $15 per hour minimum wage, fair treatment by Mesa Verde’s administration and more nutritious meals, among other demands. Some detainees at the facility have refused to work since April 28, but their demands have been largely ignored by GEO and ICE, said Esperanza Cuautle, a community organizer with Pangea Legal Services.\u003c/p>\n\u003cfigure id=\"attachment_11919181\" class=\"wp-caption alignright\" style=\"max-width: 648px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11919181\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg\" alt=\"a smiling bald man holds a chainsaw wearing work clothing\" width=\"648\" height=\"1017\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg 648w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp-160x251.jpeg 160w\" sizes=\"(max-width: 648px) 100vw, 648px\">\u003cfigcaption class=\"wp-caption-text\">Pedro Figueroa poses at the Antelope Fire camp in Siskiyou County in 2021. When he was incarcerated, before his ICE detention, Figueroa won a spot in the California Department of Corrections and Rehabilitation’s fire camp program, and helped battle wildfires. \u003ccite>(Courtesy of the Figueroa family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO spokesperson repeatedly denied a labor strike is taking place at Mesa Verde and \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">Golden State Annex, a nearby detention center also operated by the multinational company\u003c/a>, arguing that the detained workers are part of a voluntary program. But he declined to answer what demonstration or disruption the detainees were charged with engaging in.\u003c/p>\n\u003cp>“We continue to strongly reject these baseless allegations,” said the spokesperson for the Florida-based company. “Our facilities, including the Mesa Verde ICE Processing Center, provide high-quality services in accordance with all federal contract requirements.\u003c/p>\n\u003cp>“The Mesa Verde ICE Processing Center is maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants.”\u003c/p>\n\u003cp>Mesa Verde currently detains 51 men, according to \u003ca href=\"https://www.ice.gov/detain/detention-management\">ICE’s most recent detention statistics\u003c/a>. Figueroa and Mousa were arrested by the agency after being released from state prisons for felony convictions, according to court records and their attorneys.\u003c/p>\n\u003cp>Figueroa, however, felt no choice but to take a plea deal and continues to maintain his innocence, according to his lawyer, Katie Kavanagh, with the California Collaborative for Immigrant Justice.\u003c/p>\n\u003cp>Mousa entered the U.S. lawfully in 2006, and has since been granted protections against deportation by two separate immigration judges, but ICE has appealed, said Kelsey Morales, an immigration attorney with the Alameda County Public Defender’s Office.\u003c/p>\n\u003cp>Figueroa, the father of four children born in the U.S., was brought to the country as a baby. He grew up in Orange County, according to Kavanagh.\u003c/p>\n\u003cp>Detainees often opt to work for $1 a day to help their families afford what they describe as costly phone calls and commissary items such as dental floss and tortillas — and to ensure clean living areas, which they say no other janitorial service maintains at Mesa Verde.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In California, immigrant detainees paid $1 a day in privately run facilities are entitled to pursue civil remedy for unpaid wages, and are considered “employees” based on a ruling by a federal judge in 2018, said Christina Cano, a spokesperson with the Department of Industrial Relations, which oversees the enforcement of minimum wage laws.\u003c/p>\n\u003cp>Nationwide, for-profit operators of immigration detention centers commonly use the voluntary work program to do cleaning, maintenance, laundry and other tasks that keep facilities running, saving money on labor costs, according to Eunice Cho, an attorney with the ACLU National Prison Project in Washington, D.C.\u003c/p>\n\u003cp>“These private prison companies are profiting by millions of dollars every year by using these volunteer work programs,” Cho said. “Private prison companies have often used punishment to ask for more people to perform labor, doing things like threatening and putting people into solitary confinement, denying food.”\u003c/p>\n\u003cp>Courts in California, Washington and other states are currently deciding whether these labor practices constitute illegal forced labor or minimum wage law violations, and whether companies like GEO are accountable, according to Cho.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Moreover, immigrants who are detained by the federal government while they fight deportation — a civil, not criminal proceeding — have the right to freedom of speech, she added.\u003c/p>\n\u003cp>“It’s long settled that the First Amendment prohibits the use of solitary confinement as punishment for speaking up against conditions of confinement in prisons and detention centers,” Cho said.\u003c/p>\n\u003cp>It’s unclear whether ICE agrees. ICE did not return requests for comment on the rule, the labor strike or retaliation allegations.\u003c/p>\n\u003cp>But the reports of potentially exploitative work and retaliation at Mesa Verde are “alarming,” said a spokesperson for U.S. Senator Alex Padilla, D-Calif.\u003c/p>\n\u003cp>“Our office is working to gather additional information and ensure there is proper oversight,” she said in a statement.\u003c/p>\n\u003cp>Likewise, South Bay Congressmember Zoe Lofgren, D-San José, who chairs the Subcommittee on Immigration and Citizenship, said she has “long been concerned” about immigration authorities’ use of for-profit prisons and conditions for detainees.\u003c/p>\n\u003cp>“These new allegations are troubling, yet sadly unsurprising,” said Lofgren, who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">led 22 Democratic colleagues in urging the Biden administration to close three detention centers in California\u003c/a>, including one operated by GEO. “I take these allegations seriously and expect a complete and thorough investigation.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Dozens of immigrants who clean dormitories and bathrooms for just $1 a day while locked up at federal detention centers in California are waging a labor strike.\u003c/p>\n\u003cp>The detainees, who are being held at two privately run facilities in the Bakersfield area as they fight deportation, have been protesting compensation well below the state’s $15/hour minimum wage for weeks. These workers, known as “housing porters,” are also demanding the private operator of these facilities address alleged hazardous conditions, inedible food and other issues.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Statement from Golden State Annex strikers\"]‘We are being exploited for our labor and are being paid $1 per day to clean the dormitories. Meanwhile, private prison corporations like The GEO Group receive tens of millions each year to accommodate us detained in ICE custody.’[/pullquote]\u003c/p>\n\u003cp>Both of the U.S. Immigration and Customs Enforcement facilities facing a work stoppage — Golden State Annex in McFarland since June 6 and the Mesa Verde ICE Processing Center in Bakersfield for 55 days, according to immigrant advocates — are operated by \u003ca href=\"https://www.geogroup.com/\">The GEO Group\u003c/a>, one of the largest for-profit prison companies in the U.S.\u003c/p>\n\u003cp>“We are being exploited for our labor and are being paid $1 per day to clean the dormitories,” strikers at Golden State Annex said in a statement released last week. “Meanwhile, private prison corporations like The GEO Group receive tens of millions each year to accommodate us detained in ICE custody.”\u003c/p>\n\u003cp>Many detainees participate in the volunteer working program to afford what they say are high-cost phone calls and commissary items such as dental floss and tortillas.\u003c/p>\n\u003cp>GEO, which runs four out of seven active immigration detention centers in California, \u003ca href=\"https://www.businesswire.com/news/home/20220502005931/en/The-GEO-Group-Reports-First-Quarter-2022-Results\">reported\u003c/a> total revenues of $551 million in the first quarter of 2022. The Florida-based company also operates secure facilities in the United Kingdom, Australia and South Africa.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>State regulators launch investigation\u003c/h3>\n\u003cp>The labor strikes come as California’s Division of Occupational Safety and Health, also known as Cal/OSHA, is investigating conditions for workers detained at Golden State Annex, in response to a complaint alleging serious violations at the facility.\u003c/p>\n\u003cp>The complaint to Cal/OSHA, which was filed by the California Collaborative for Immigrant Justice last month on behalf of seven detainees, charges that they work and live in a toxic environment that includes black mold patches up to 10 inches wide in the showers, and black fibrous dust particles that HVAC vents spew into the dormitories.\u003c/p>\n\u003cp>The company has also allegedly failed to provide these workers with proper protective equipment, cleaning materials and training on how to handle mold-infested areas, according to the complaint.\u003c/p>\n\u003cp>“The environment here is very, very unsanitary,” said Garcia, one of the housing porters who complained to state regulators. “The mold in the showers… is very dangerous, we shouldn’t be cleaning there. We’ve raised the issue countless times with the administration with no result, no solution.”\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Housing Porter Garcia\"]‘The environment here is very, very unsanitary. The mold in the showers… is very dangerous, we shouldn’t be cleaning there. We’ve raised the issue countless times with the administration with no result, no solution.’[/pullquote]\u003c/p>\n\u003cp>KQED is not using the full names of complainants, who have requested anonymity from Cal/OSHA during its investigation because they fear retaliation during detention.\u003c/p>\n\u003cp>The agency, which declined to comment on its inspection, has six months to issue citations if any violations are found.\u003c/p>\n\u003cp>A California bill enacted last year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB263\">AB 263\u003c/a>, clarifies that private operators of immigrant detention centers must follow all state occupational health and safety regulations and public health orders.\u003c/p>\n\u003cp>Vladimir, who was included in the complaint, said he developed a persistent cough and shortness of breath while working at Golden State Annex. He said X-ray images revealed a dark spot in one of his lungs, but it remains undiagnosed. He fears it is connected to exposure to mold.\u003c/p>\n\u003cp>Breathing mold spores can lead to asthma, respiratory infections, cough and difficulty breathing, according to the \u003ca href=\"https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHLB/AQS/Pages/Mold.aspx#HealthEffects\">California Department of Public Health\u003c/a>.\u003c/p>\n\u003cp>“I am afraid because my lung has been impacted. I have problems breathing,” the father of five said in Spanish. “The dust and mold are bad for our health and unfortunately, we are in a place where it feels that they don’t care about our health.”\u003c/p>\n\u003ch3>The GEO Group responds\u003c/h3>\n\u003cp>A spokesperson for GEO said the company strongly rejects the allegations while also denying a strike is taking place.\u003c/p>\n\u003cp>“Our ICE Processing Centers, including the Golden State Annex, are maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants,” the spokesman said in a statement. “Choosing not to participate in a voluntary program cannot constitute a labor strike.”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Legal Director Lisa Knox, California Collaborative for Immigrant Justice\"]‘We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility. And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”’[/pullquote]\u003c/p>\n\u003cp>The company also rejected the allegation that Golden State Annex has not adequately implemented COVID-19 protections required for employers in California. State \u003ca href=\"https://www.dir.ca.gov/title8/3205.html\">rules\u003c/a> include notifying employees within one business day if they were exposed to an infected person, and training workers on the employer’s policies to protect them from virus hazards.\u003c/p>\n\u003cp>Attorney Lisa Knox, who helped detainees submit the Cal/OSHA complaint, said GEO’s health and safety record shows the company can’t be trusted to fix current problems at detention centers on its own.\u003c/p>\n\u003cp>“We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility,” said Knox, legal director at the California Collaborative for Immigrant Justice. “And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”\u003c/p>\n\u003cp>Knox and other advocates have requested that California’s attorney general investigate additional potential labor issues at the detention center, such as minimum wage violations.\u003c/p>\n\u003cp>A spokesperson for California Attorney General Rob Bonta’s Office said the office is reviewing that request, but declined to comment further.\u003c/p>\n\u003cp>“To protect its integrity, we’re unable to comment on a potential or ongoing investigation,” the spokesperson wrote in an email.\u003c/p>\n\u003cp>A federal judge in Riverside ruled earlier this year that detainees working at another GEO-run facility in Southern California are considered employees under state law, Knox said.\u003c/p>\n\u003ch3>Is it wage theft? Dispute playing out in other states\u003c/h3>\n\u003cp>Last fall, a federal judge in Washington state ordered GEO to pay \u003ca href=\"https://www.seattletimes.com/business/private-prison-company-ordered-to-pay-23-2m-in-tacoma-detainee-minimum-wage-cases/#:~:text=The%20first%20trial%20ended%20in,and%20awarding%20the%20back%20pay\">$23.2 million\u003c/a> for failing to pay minimum wage to immigrant detainees who volunteered to cook and clean for $1 a day while held at a facility in Tacoma. The lawsuit was brought by Washington state’s attorney general and other plaintiffs.\u003c/p>\n\u003cp>GEO responded to the ruling by \u003ca href=\"https://www.knkx.org/law/2021-11-05/geo-group-halts-work-program-at-tacoma-jail-instead-of-upping-detainee-pay\">reportedly\u003c/a> closing its worker program at the Tacoma detention center. The company is seeking to reverse the judge’s order before the 9th U.S. Circuit Court of Appeals, arguing that states lack the authority to dictate how much to pay detainees because the work program they volunteer for is established by the federal government and is paid for by federal dollars.\u003c/p>\n\u003cp>[aside label=\"More Stories\" tag=\"immigrant-detention\"]\u003c/p>\n\u003cp>Last month, Bonta joined more than a dozen other attorney generals to support the state of Washington in the ongoing lawsuit against GEO.\u003c/p>\n\u003cp>“Washington’s Minimum Wage Act advances the important public interest states have in protecting their workers and the broader community from the economic burdens that result from unscrupulous and exploitative employment practices,” according to the \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-leads-multistate-coalition-defense-state-minimum-wage\">brief\u003c/a> filed with the Ninth Circuit Court of Appeals last month.\u003c/p>\n\u003cp>Cal/OSHA has inspected at least one other immigration detention center in the state for worksite violations. After a guard at the Otay Mesa Detention Center in San Diego died of COVID-19 last year, the agency \u003ca href=\"https://www.osha.gov/pls/imis/establishment.inspection_detail?id=1530188.015\">fined\u003c/a> the facility’s operator, CoreCivic Inc., more than $23,000 for, in part, failing to meet reporting requirements about the death, according to agency records. CoreCivic contested the fines, and the case remains open.\u003c/p>\n\u003cp>Immigrant advocates say Cal/OSHA’s inspection of Golden State Annex is the first in California to be prompted by a complaint on behalf of detained workers.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Dozens of immigrants who clean dormitories and bathrooms for just $1 a day while locked up at federal detention centers in California are waging a labor strike.\u003c/p>\n\u003cp>The detainees, who are being held at two privately run facilities in the Bakersfield area as they fight deportation, have been protesting compensation well below the state’s $15/hour minimum wage for weeks. These workers, known as “housing porters,” are also demanding the private operator of these facilities address alleged hazardous conditions, inedible food and other issues.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We are being exploited for our labor and are being paid $1 per day to clean the dormitories. Meanwhile, private prison corporations like The GEO Group receive tens of millions each year to accommodate us detained in ICE custody.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Both of the U.S. Immigration and Customs Enforcement facilities facing a work stoppage — Golden State Annex in McFarland since June 6 and the Mesa Verde ICE Processing Center in Bakersfield for 55 days, according to immigrant advocates — are operated by \u003ca href=\"https://www.geogroup.com/\">The GEO Group\u003c/a>, one of the largest for-profit prison companies in the U.S.\u003c/p>\n\u003cp>“We are being exploited for our labor and are being paid $1 per day to clean the dormitories,” strikers at Golden State Annex said in a statement released last week. “Meanwhile, private prison corporations like The GEO Group receive tens of millions each year to accommodate us detained in ICE custody.”\u003c/p>\n\u003cp>Many detainees participate in the volunteer working program to afford what they say are high-cost phone calls and commissary items such as dental floss and tortillas.\u003c/p>\n\u003cp>GEO, which runs four out of seven active immigration detention centers in California, \u003ca href=\"https://www.businesswire.com/news/home/20220502005931/en/The-GEO-Group-Reports-First-Quarter-2022-Results\">reported\u003c/a> total revenues of $551 million in the first quarter of 2022. The Florida-based company also operates secure facilities in the United Kingdom, Australia and South Africa.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>State regulators launch investigation\u003c/h3>\n\u003cp>The labor strikes come as California’s Division of Occupational Safety and Health, also known as Cal/OSHA, is investigating conditions for workers detained at Golden State Annex, in response to a complaint alleging serious violations at the facility.\u003c/p>\n\u003cp>The complaint to Cal/OSHA, which was filed by the California Collaborative for Immigrant Justice last month on behalf of seven detainees, charges that they work and live in a toxic environment that includes black mold patches up to 10 inches wide in the showers, and black fibrous dust particles that HVAC vents spew into the dormitories.\u003c/p>\n\u003cp>The company has also allegedly failed to provide these workers with proper protective equipment, cleaning materials and training on how to handle mold-infested areas, according to the complaint.\u003c/p>\n\u003cp>“The environment here is very, very unsanitary,” said Garcia, one of the housing porters who complained to state regulators. “The mold in the showers… is very dangerous, we shouldn’t be cleaning there. We’ve raised the issue countless times with the administration with no result, no solution.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘The environment here is very, very unsanitary. The mold in the showers… is very dangerous, we shouldn’t be cleaning there. We’ve raised the issue countless times with the administration with no result, no solution.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED is not using the full names of complainants, who have requested anonymity from Cal/OSHA during its investigation because they fear retaliation during detention.\u003c/p>\n\u003cp>The agency, which declined to comment on its inspection, has six months to issue citations if any violations are found.\u003c/p>\n\u003cp>A California bill enacted last year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB263\">AB 263\u003c/a>, clarifies that private operators of immigrant detention centers must follow all state occupational health and safety regulations and public health orders.\u003c/p>\n\u003cp>Vladimir, who was included in the complaint, said he developed a persistent cough and shortness of breath while working at Golden State Annex. He said X-ray images revealed a dark spot in one of his lungs, but it remains undiagnosed. He fears it is connected to exposure to mold.\u003c/p>\n\u003cp>Breathing mold spores can lead to asthma, respiratory infections, cough and difficulty breathing, according to the \u003ca href=\"https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHLB/AQS/Pages/Mold.aspx#HealthEffects\">California Department of Public Health\u003c/a>.\u003c/p>\n\u003cp>“I am afraid because my lung has been impacted. I have problems breathing,” the father of five said in Spanish. “The dust and mold are bad for our health and unfortunately, we are in a place where it feels that they don’t care about our health.”\u003c/p>\n\u003ch3>The GEO Group responds\u003c/h3>\n\u003cp>A spokesperson for GEO said the company strongly rejects the allegations while also denying a strike is taking place.\u003c/p>\n\u003cp>“Our ICE Processing Centers, including the Golden State Annex, are maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants,” the spokesman said in a statement. “Choosing not to participate in a voluntary program cannot constitute a labor strike.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility. And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The company also rejected the allegation that Golden State Annex has not adequately implemented COVID-19 protections required for employers in California. State \u003ca href=\"https://www.dir.ca.gov/title8/3205.html\">rules\u003c/a> include notifying employees within one business day if they were exposed to an infected person, and training workers on the employer’s policies to protect them from virus hazards.\u003c/p>\n\u003cp>Attorney Lisa Knox, who helped detainees submit the Cal/OSHA complaint, said GEO’s health and safety record shows the company can’t be trusted to fix current problems at detention centers on its own.\u003c/p>\n\u003cp>“We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility,” said Knox, legal director at the California Collaborative for Immigrant Justice. “And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”\u003c/p>\n\u003cp>Knox and other advocates have requested that California’s attorney general investigate additional potential labor issues at the detention center, such as minimum wage violations.\u003c/p>\n\u003cp>A spokesperson for California Attorney General Rob Bonta’s Office said the office is reviewing that request, but declined to comment further.\u003c/p>\n\u003cp>“To protect its integrity, we’re unable to comment on a potential or ongoing investigation,” the spokesperson wrote in an email.\u003c/p>\n\u003cp>A federal judge in Riverside ruled earlier this year that detainees working at another GEO-run facility in Southern California are considered employees under state law, Knox said.\u003c/p>\n\u003ch3>Is it wage theft? Dispute playing out in other states\u003c/h3>\n\u003cp>Last fall, a federal judge in Washington state ordered GEO to pay \u003ca href=\"https://www.seattletimes.com/business/private-prison-company-ordered-to-pay-23-2m-in-tacoma-detainee-minimum-wage-cases/#:~:text=The%20first%20trial%20ended%20in,and%20awarding%20the%20back%20pay\">$23.2 million\u003c/a> for failing to pay minimum wage to immigrant detainees who volunteered to cook and clean for $1 a day while held at a facility in Tacoma. The lawsuit was brought by Washington state’s attorney general and other plaintiffs.\u003c/p>\n\u003cp>GEO responded to the ruling by \u003ca href=\"https://www.knkx.org/law/2021-11-05/geo-group-halts-work-program-at-tacoma-jail-instead-of-upping-detainee-pay\">reportedly\u003c/a> closing its worker program at the Tacoma detention center. The company is seeking to reverse the judge’s order before the 9th U.S. Circuit Court of Appeals, arguing that states lack the authority to dictate how much to pay detainees because the work program they volunteer for is established by the federal government and is paid for by federal dollars.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last month, Bonta joined more than a dozen other attorney generals to support the state of Washington in the ongoing lawsuit against GEO.\u003c/p>\n\u003cp>“Washington’s Minimum Wage Act advances the important public interest states have in protecting their workers and the broader community from the economic burdens that result from unscrupulous and exploitative employment practices,” according to the \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-leads-multistate-coalition-defense-state-minimum-wage\">brief\u003c/a> filed with the Ninth Circuit Court of Appeals last month.\u003c/p>\n\u003cp>Cal/OSHA has inspected at least one other immigration detention center in the state for worksite violations. After a guard at the Otay Mesa Detention Center in San Diego died of COVID-19 last year, the agency \u003ca href=\"https://www.osha.gov/pls/imis/establishment.inspection_detail?id=1530188.015\">fined\u003c/a> the facility’s operator, CoreCivic Inc., more than $23,000 for, in part, failing to meet reporting requirements about the death, according to agency records. CoreCivic contested the fines, and the case remains open.\u003c/p>\n\u003cp>Immigrant advocates say Cal/OSHA’s inspection of Golden State Annex is the first in California to be prompted by a complaint on behalf of detained workers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>When Vithea Yung was a teenager in Long Beach in the 1990s, he joined a gang. As a Cambodian refugee whose family was shattered by the genocidal Khmer Rouge regime, it gave him a sense of security. But at 16, pursued by members of a rival gang, he fired a gun and killed someone.\u003c/p>\n\u003cp>Yung was tried as an adult, convicted of murder and sent to prison with a sentence of 35 years to life. Now 25 years on, the California \u003ca href=\"https://www.cdcr.ca.gov/bph/parole-suitability-hearings-overview/what-to-expect-after-a-parole-suitability-hearing/\">parole board has approved Yung’s release\u003c/a>, based on the work he’s done to rehabilitate himself and help fellow incarcerated people.\u003c/p>\n\u003cp>Until late Friday, it seemed as if Yung faced the possibility of being released from prison only to be locked up again, this time by U.S. Immigration and Customs Enforcement. Yung feared he’d be deported to Cambodia, a country his family fled when he was 3 years old. [pullquote size=\"medium\" align=\"right\" citation=\"Anoop Prasad, lawyer, Asian Law Caucus\"]‘As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty. We need a systemic solution.’[/pullquote]\u003c/p>\n\u003cp>And for Yung, the stakes were high. In 2017, he suffered a spinal cord injury during a prison softball game and since then has been paralyzed from the neck down, requiring round-the-clock care and assistance with the basic functions of daily living. He lives in a skilled nursing facility in the Los Angeles area that’s under contract with the state prison system.\u003c/p>\n\u003cp>But on Friday afternoon, an ICE spokesperson said that an immigration detainer, requesting California prison officials turn Yung over to ICE, had been dropped months earlier, on November 18.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The spokesperson, who would not agree to be identified because he was not authorized to speak about the case, said ICE makes custody determinations on a case-by-case basis, “considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates.”\u003c/p>\n\u003cp>The news came as a surprise to Yung’s supporters, who had held a rally in Los Angeles Friday morning calling on California officials not to cooperate with ICE.\u003c/p>\n\u003cp>“We’re relieved it was dropped and he’s not going to be transferred to ICE and he’ll receive the care he needs after leaving prison,” said Anoop Prasad, Yung’s lawyer with the Asian Law Caucus in San Francisco. “But it’s such a nerve-racking process. It shouldn’t require community outrage and rallies to get ICE to step in and do the basic, humane thing.”\u003c/p>\n\u003cp>Prasad said the California Department of Corrections and Rehabilitation has a policy of notifying incarcerated people if an immigration detainer is dropped, but that didn’t happen here. Even in recent weeks, Yung’s CDCR counselor had told him the hold was still on file, Prasad said.\u003c/p>\n\u003cp>Through his sister, Yung said he won’t feel confident that ICE isn’t going to detain him until he sees it in writing.\u003c/p>\n\u003ch2>Immigrants funneled from prison to ICE detention\u003c/h2>\n\u003cp>The state prison system hands over hundreds of inmates to ICE each year. Between Jan. 1, 2020, and Nov. 30, 2021, the CDCR made 2,600 transfers to ICE, according to data obtained from the agency by the Asian Law Caucus.\u003c/p>\n\u003cp>And advocates say Yung’s case highlights an injustice: If he had been born in the U.S. or had become a naturalized U.S. citizen, then when he completed his sentence that would have settled his debt to society and he would go free. But as a lawful permanent resident, or “green card” holder, his felony record meant he could be deported.\u003c/p>\n\u003cp>Yung’s sister Terry Honoré said she was terrified at the thought that her quadriplegic brother could be sent to Cambodia to fend for himself.\u003c/p>\n\u003cp>“I just don’t know how that would work,” she said. “It was really scary.”\u003c/p>\n\u003cp>Advocates also feared that Yung’s health could deteriorate in immigration detention, since ICE has been sued over inadequate care for people with disabilities.\u003c/p>\n\u003cp>“The level of medical neglect at baseline in ICE facilities is horrific,” said Prasad.\u003c/p>\n\u003cp>He added that given how seriously injured Yung is, there’s no plausible argument he could pose a danger to society.\u003c/p>\n\u003cp>The Asian Prisoner Support Committee and other advocacy groups are pushing for passage of the \u003ca href=\"http://www.iceoutofca.org/ca-values-act-sb54-408546.html\">Vision Act\u003c/a>, a bill in the state Senate that would block jail and prison officials from honoring ICE detainers for most inmates, like Yung, when they’re released.\u003c/p>\n\u003cp>Scores of people turned out for the \u003ca href=\"https://twitter.com/sg_chambita/status/1507435056456880128\">Los Angeles rally Friday\u003c/a> to push for that bill, AB 937, and support Yung.\u003c/p>\n\u003cp>Gov. Gavin Newsom has until April 12 to review Yung’s parole. Unless he moves to block it, Yung will be released from prison and paroled to the care of his family. But advocates want Newsom to go further and \u003ca href=\"https://www.kqed.org/news/11827617/state-lawmakers-urge-newsom-to-stop-transferring-people-in-prison-to-ice-in-pandemic\">stop transfers from California prisons to ICE\u003c/a>.\u003c/p>\n\u003cp>In a statement, CDCR press secretary Dana Simas said the prison system notifies ICE of anyone they’re holding who might be a foreign national. ICE then determines their immigration status and decides whether to put an immigration “hold” or detainer on the person. [aside postID=news_11827388]“CDCR responds to detainers from all law enforcement agencies,” she said.\u003c/p>\n\u003cp>Simas did not respond to requests for comment about Yung’s case.\u003c/p>\n\u003cp>In 2020, another Cambodian refugee, Chanthon Bun, was released from San Quentin despite being told that ICE had a detainer for him. But neither ICE nor CDCR explained why \u003ca href=\"https://www.kqed.org/news/11827388/cambodian-refugee-leaves-san-quentin-with-covid-19-but-avoids-ice-detention\">he was not transferred to immigration detention\u003c/a>.\u003c/p>\n\u003ch2>\u003cstrong>Should rehabilitation affect deportation decisions?\u003c/strong>\u003c/h2>\n\u003cp>Yung is proud of the work he did to become a better person in the two decades before his accident. He enrolled in prison support groups and restorative justice programs, pursued his high school diploma, became a teacher’s aide and joined sports teams.\u003c/p>\n\u003cp>“I tried to rehabilitate myself,” he said in a Zoom interview with KQED. “I took classes. I did everything that it took before I went to my parole board hearing. It shocked them a little bit because I did everything before they even asked me to do it.”\u003c/p>\n\u003cp>Yung’s efforts might have played a role in ICE’s decision to revoke the detainer, though the circumstances of that decision remain unclear.\u003c/p>\n\u003cp>Last September, Homeland Security Secretary Alejandro Mayorkas issued \u003ca href=\"https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf\">guidelines allowing ICE to use discretion\u003c/a> about whom to prioritize for detention and deportation. Mayorkas said ICE should focus on people who pose a “current threat” to national security, border security or public safety.\u003c/p>\n\u003cp>But on Tuesday, a \u003ca href=\"https://thehill.com/policy/national-security/599216-judge-blocks-dhs-memo-narrowing-ice-deportation-focus\">federal judge in Ohio partially blocked that guidance\u003c/a>. U.S. District Court Judge Michael Newman, a Trump appointee, ruled the agency can’t ignore people whose criminal convictions subject them to mandatory detention.\u003c/p>\n\u003ch2>\u003cstrong>Permanent residency isn’t ‘real permanence’\u003c/strong>\u003c/h2>\n\u003cp>Before Yung’s family fled Cambodia’s killing fields, two older siblings died of starvation and both of his parents were locked up by the Khmer Rouge. When his mother got out, she and the children made their way to a refugee camp and eventually to California.[pullquote size=\"medium\" align=\"right\" citation=\"Terry Honoré, Vithea Yung's sister\"]‘We came here with the understanding that we escaped the war and we are American.’[/pullquote]Honoré said her parents didn’t understand that even though they became permanent residents, real permanence depended on becoming naturalized U.S. citizens.\u003c/p>\n\u003cp>“No one ever explained that to us,” she said. “We came here with the understanding that we escaped the war and we are American. Our card says that we are legal residents, you know, permanent residents.”\u003c/p>\n\u003cp>Now she’s become a supporter of the Vision Act, hoping others don’t have to go through her brother’s experience.\u003c/p>\n\u003cp>Prasad said thousands of people — fully 10% of the state prison population — also are subject to ICE detainers, and few will get the attention Yung’s case has received.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty,” he said. “We need a systemic solution.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And for Yung, the stakes were high. In 2017, he suffered a spinal cord injury during a prison softball game and since then has been paralyzed from the neck down, requiring round-the-clock care and assistance with the basic functions of daily living. He lives in a skilled nursing facility in the Los Angeles area that’s under contract with the state prison system.\u003c/p>\n\u003cp>But on Friday afternoon, an ICE spokesperson said that an immigration detainer, requesting California prison officials turn Yung over to ICE, had been dropped months earlier, on November 18.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The spokesperson, who would not agree to be identified because he was not authorized to speak about the case, said ICE makes custody determinations on a case-by-case basis, “considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates.”\u003c/p>\n\u003cp>The news came as a surprise to Yung’s supporters, who had held a rally in Los Angeles Friday morning calling on California officials not to cooperate with ICE.\u003c/p>\n\u003cp>“We’re relieved it was dropped and he’s not going to be transferred to ICE and he’ll receive the care he needs after leaving prison,” said Anoop Prasad, Yung’s lawyer with the Asian Law Caucus in San Francisco. “But it’s such a nerve-racking process. It shouldn’t require community outrage and rallies to get ICE to step in and do the basic, humane thing.”\u003c/p>\n\u003cp>Prasad said the California Department of Corrections and Rehabilitation has a policy of notifying incarcerated people if an immigration detainer is dropped, but that didn’t happen here. Even in recent weeks, Yung’s CDCR counselor had told him the hold was still on file, Prasad said.\u003c/p>\n\u003cp>Through his sister, Yung said he won’t feel confident that ICE isn’t going to detain him until he sees it in writing.\u003c/p>\n\u003ch2>Immigrants funneled from prison to ICE detention\u003c/h2>\n\u003cp>The state prison system hands over hundreds of inmates to ICE each year. Between Jan. 1, 2020, and Nov. 30, 2021, the CDCR made 2,600 transfers to ICE, according to data obtained from the agency by the Asian Law Caucus.\u003c/p>\n\u003cp>And advocates say Yung’s case highlights an injustice: If he had been born in the U.S. or had become a naturalized U.S. citizen, then when he completed his sentence that would have settled his debt to society and he would go free. But as a lawful permanent resident, or “green card” holder, his felony record meant he could be deported.\u003c/p>\n\u003cp>Yung’s sister Terry Honoré said she was terrified at the thought that her quadriplegic brother could be sent to Cambodia to fend for himself.\u003c/p>\n\u003cp>“I just don’t know how that would work,” she said. “It was really scary.”\u003c/p>\n\u003cp>Advocates also feared that Yung’s health could deteriorate in immigration detention, since ICE has been sued over inadequate care for people with disabilities.\u003c/p>\n\u003cp>“The level of medical neglect at baseline in ICE facilities is horrific,” said Prasad.\u003c/p>\n\u003cp>He added that given how seriously injured Yung is, there’s no plausible argument he could pose a danger to society.\u003c/p>\n\u003cp>The Asian Prisoner Support Committee and other advocacy groups are pushing for passage of the \u003ca href=\"http://www.iceoutofca.org/ca-values-act-sb54-408546.html\">Vision Act\u003c/a>, a bill in the state Senate that would block jail and prison officials from honoring ICE detainers for most inmates, like Yung, when they’re released.\u003c/p>\n\u003cp>Scores of people turned out for the \u003ca href=\"https://twitter.com/sg_chambita/status/1507435056456880128\">Los Angeles rally Friday\u003c/a> to push for that bill, AB 937, and support Yung.\u003c/p>\n\u003cp>Gov. Gavin Newsom has until April 12 to review Yung’s parole. Unless he moves to block it, Yung will be released from prison and paroled to the care of his family. But advocates want Newsom to go further and \u003ca href=\"https://www.kqed.org/news/11827617/state-lawmakers-urge-newsom-to-stop-transferring-people-in-prison-to-ice-in-pandemic\">stop transfers from California prisons to ICE\u003c/a>.\u003c/p>\n\u003cp>In a statement, CDCR press secretary Dana Simas said the prison system notifies ICE of anyone they’re holding who might be a foreign national. ICE then determines their immigration status and decides whether to put an immigration “hold” or detainer on the person. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies,” she said.\u003c/p>\n\u003cp>Simas did not respond to requests for comment about Yung’s case.\u003c/p>\n\u003cp>In 2020, another Cambodian refugee, Chanthon Bun, was released from San Quentin despite being told that ICE had a detainer for him. But neither ICE nor CDCR explained why \u003ca href=\"https://www.kqed.org/news/11827388/cambodian-refugee-leaves-san-quentin-with-covid-19-but-avoids-ice-detention\">he was not transferred to immigration detention\u003c/a>.\u003c/p>\n\u003ch2>\u003cstrong>Should rehabilitation affect deportation decisions?\u003c/strong>\u003c/h2>\n\u003cp>Yung is proud of the work he did to become a better person in the two decades before his accident. He enrolled in prison support groups and restorative justice programs, pursued his high school diploma, became a teacher’s aide and joined sports teams.\u003c/p>\n\u003cp>“I tried to rehabilitate myself,” he said in a Zoom interview with KQED. “I took classes. I did everything that it took before I went to my parole board hearing. It shocked them a little bit because I did everything before they even asked me to do it.”\u003c/p>\n\u003cp>Yung’s efforts might have played a role in ICE’s decision to revoke the detainer, though the circumstances of that decision remain unclear.\u003c/p>\n\u003cp>Last September, Homeland Security Secretary Alejandro Mayorkas issued \u003ca href=\"https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf\">guidelines allowing ICE to use discretion\u003c/a> about whom to prioritize for detention and deportation. Mayorkas said ICE should focus on people who pose a “current threat” to national security, border security or public safety.\u003c/p>\n\u003cp>But on Tuesday, a \u003ca href=\"https://thehill.com/policy/national-security/599216-judge-blocks-dhs-memo-narrowing-ice-deportation-focus\">federal judge in Ohio partially blocked that guidance\u003c/a>. U.S. District Court Judge Michael Newman, a Trump appointee, ruled the agency can’t ignore people whose criminal convictions subject them to mandatory detention.\u003c/p>\n\u003ch2>\u003cstrong>Permanent residency isn’t ‘real permanence’\u003c/strong>\u003c/h2>\n\u003cp>Before Yung’s family fled Cambodia’s killing fields, two older siblings died of starvation and both of his parents were locked up by the Khmer Rouge. When his mother got out, she and the children made their way to a refugee camp and eventually to California.\u003c/p>\u003c/div>",
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"content": "‘We came here with the understanding that we escaped the war and we are American.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Honoré said her parents didn’t understand that even though they became permanent residents, real permanence depended on becoming naturalized U.S. citizens.\u003c/p>\n\u003cp>“No one ever explained that to us,” she said. “We came here with the understanding that we escaped the war and we are American. Our card says that we are legal residents, you know, permanent residents.”\u003c/p>\n\u003cp>Now she’s become a supporter of the Vision Act, hoping others don’t have to go through her brother’s experience.\u003c/p>\n\u003cp>Prasad said thousands of people — fully 10% of the state prison population — also are subject to ICE detainers, and few will get the attention Yung’s case has received.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty,” he said. “We need a systemic solution.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "A Simple Paperwork Error Can Get Asylum Seekers Deported. Rosa Díaz Got Lucky on a Lunch Break",
"title": "A Simple Paperwork Error Can Get Asylum Seekers Deported. Rosa Díaz Got Lucky on a Lunch Break",
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"content": "\u003cp>Rosa Díaz vividly remembers the summer day in 2019 when she showed up for an appointment at the Sacramento office of U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“The surprise I got on July 12 was that I was going to be deported,” she said, speaking in Spanish.\u003c/p>\n\u003cp>An ICE officer told her that a judge had ordered her removed from the country after she missed an immigration court hearing in Los Angeles the previous November. Díaz was stunned.\u003c/p>\n\u003cp>She had left Honduras with her three children in 2018 after police failed to protect her from an abusive partner who beat her close to death while she was pregnant with her youngest child. Over two weeks, they walked, got rides and took buses to the U.S. border, hoping to find protection. They were sent to an ICE family detention center in Texas for three weeks.\u003c/p>\n\u003cp>Before she was released from detention, Díaz, 40, gave ICE agents the phone number for her adult son, who lived in Maxwell, a town in rural Colusa County in the Sacramento Valley. Her son provided officials with his address, where his mom and siblings would be living. But the address ICE sent to the immigration court got botched: ICE listed the city as Los Angeles.\u003c/p>\n\u003cp>“I never received a notice of that hearing. If I had, I would have been there,” Díaz said. “My intention was to do things the right way.” [pullquote size=\"medium\" align=\"right\" citation=\"Rosa Díaz, asylum seeker from Honduras\"]'I never received a notice of that hearing. If I had, I would have been there.'[/pullquote]\u003c/p>\n\u003cp>When she was released from detention with a temporary status called “parole,” she was given a year before she had to check in with ICE. Díaz said she thought she had already been granted asylum.\u003c/p>\n\u003cp>“When a person first gets here, they don't know how things work, and nobody explained it to me,” she said.\u003c/p>\n\u003cp>The asylum process can be baffling, and, as Díaz learned, navigating it without a lawyer can be disastrous. Unlike in criminal cases, people in federal immigration court have no right to a court-appointed lawyer if they can’t find their own.\u003c/p>\n\u003cp>Like Díaz, thousands of newly arrived \u003ca href=\"https://trac.syr.edu/phptools/immigration/asylum/\">asylum seekers never get their day in court\u003c/a>. They can be tripped up by paperwork, and a clerical error can be enough to get them deported.\u003c/p>\n\u003cp>Last year a third of all immigrants in asylum cases did not have representation, according to data analyzed by the \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\" target=\"_blank\" rel=\"noopener noreferrer\">Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University. And over the past two decades, just 10% of asylum seekers without legal representation won their cases, while those with lawyers were nearly four times as likely to win protection, according to \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\" target=\"_blank\" rel=\"noopener noreferrer\">TRAC’s data\u003c/a>.\u003c/p>\n\u003ch3>The luckiest lunch break\u003c/h3>\n\u003cp>After passing an initial asylum screening, Díaz and her kids were released from family detention on June 20, 2018, and told to check in with ICE before her one-year parole document expired. So on June 13, 2019, Díaz voluntarily went to the ICE office in Sacramento. She was instructed to return on June 20 with all her documents, which she did. That day, ICE officials put her in a GPS ankle monitor. On July 12, they summoned her again, and that’s when she learned she had been ordered deported “in absentia” by a Los Angeles immigration judge on Nov. 27, 2018.\u003c/p>\n\u003cp>ICE officials told Díaz they planned to deport her that same day. But first, the office was closing for lunch.\u003c/p>\n\u003cp>“I went outside, sat down and burst into tears,” Díaz said. “I cried because I had gotten all the way here with my three children and I couldn’t imagine taking them back to Honduras.”\u003c/p>\n\u003cp>A pair of immigrant rights advocates with \u003ca href=\"https://www.norcalresist.org/\" target=\"_blank\" rel=\"noopener noreferrer\">NorCal Resist\u003c/a> who were leafleting outside the ICE building stopped to check on Díaz, said Katie Fleming, director of the \u003ca href=\"https://www.crlaf.org/removal-defense-representation\" target=\"_blank\" rel=\"noopener noreferrer\">removal defense program\u003c/a> at the California Rural Legal Assistance Foundation in Sacramento. The advocates drove her to Fleming’s office and made an urgent plea for legal help.\u003c/p>\n\u003cp>“We were able to talk to her and then advocate with ICE to give her a few more days to be able to try to reopen that removal proceeding because she did not know about it,” Fleming said.\u003c/p>\n\u003cp>The swift response by the activists and lawyers was an incredible stroke of luck for Díaz. Attorneys succeeded in reopening her case. And in March, with Fleming representing her, she won asylum for herself and her children.\u003c/p>\n\u003cp>But what Díaz experienced is common for asylum seekers without a lawyer. Fleming said Díaz’s case shows how even people with legitimate claims to asylum can be ordered deported without getting a chance to make their case to a judge.\u003c/p>\n\u003cp>“She didn’t understand, as most people don’t, what the next process entailed in terms of applying for asylum,” she continued. “She didn’t realize that going to an ICE office is different from going to court.”\u003c/p>\n\u003cp>[pullquote size='large' align='right']Judge Phan turned to a towering stack of blue folders for those not present. Then she signed deportation orders for 23 people who failed to appear.[/pullquote]\u003c/p>\n\u003cp>Immigrant rights advocates have long argued for universal access to counsel for people in removal proceedings. In a \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">January 2021 report\u003c/a>, the American Bar Association made a series of recommendations for how the incoming administration of President Joe Biden could make the immigration system more fair and efficient by providing government funding for lawyers, among other things.\u003c/p>\n\u003cp>The stakes for people who are deported can include persecution, torture and death, the report noted.\u003c/p>\n\u003cp>“Unrepresented individuals in removal proceedings are inherently disadvantaged in an adversarial system in which the government is always represented by an experienced attorney,” the report warned.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\" target=\"_blank\" rel=\"noopener noreferrer\">Biden administration has asked Congress\u003c/a> to budget $15 million to provide representation to families and children, and $23 million for legal orientation programs, but Congress has yet to act.\u003c/p>\n\u003ch3>Deported in absentia\u003c/h3>\n\u003cp>When a person fails to appear for a hearing in immigration court, they can be ordered removed from the country in absentia. That’s what happened to Díaz, and it’s been happening with alarming regularity at San Francisco’s immigration court, according to Milli Atkinson, who runs the \u003ca href=\"https://www.sfbar.org/jdc/immigrant-legal-defense/\" target=\"_blank\" rel=\"noopener noreferrer\">Immigrant Legal Defense Program\u003c/a> at the Bar Association of San Francisco.\u003c/p>\n\u003cp>Atkinson said judges handed out scores of deportation orders in absentia from August to November under a new system ostensibly aimed at correcting bad addresses when mail was returned as undeliverable.\u003c/p>\n\u003cp>“What the court started doing in August is purposely taking cases that they knew people were unlikely to get their mail and rescheduling their hearing and sending a new notice out to an address that the court knows is incorrect,” Atkinson said. “Some of the judges were just reading off their names and their case numbers and ordering them removed in bunches, without looking at the individual file, making sure the information was all correct and really making no attempt to contact the individuals.”\u003c/p>\n\u003cp>It’s a self-defeating system, Atkinson said, because most immigrants never get the new notice, so they miss their new court date.\u003c/p>\n\u003cp>She acknowledged that it’s the responsibility of individuals to notify the court within five days every time they move. But many people in removal proceedings are checking in regularly with ICE under a supervision program, she said.\u003c/p>\n\u003cp>“A lot of times ICE and the government attorneys have information about where these people are and what their current addresses are, and they have no legal obligation to share those with the court,” she said.[aside postID=news_11886227]At one “returned notice” hearing in San Francisco in late October, Judge Susan Phan had 31 cases on her afternoon docket, but only six of the people were present.\u003c/p>\n\u003cp>One woman in the courtroom was Nichol Valencia, a fluent English speaker originally from the Philippines who’s married to a U.S. Coast Guard officer. She said she learned that her December hearing date had been rescheduled for October when she checked the court’s website, concerned that COVID-19 might interfere with court business.\u003c/p>\n\u003cp>“We called you in today because we were concerned you were not getting hearing notices,” Phan told Valencia. “Even though you submitted your new address to the ICE officer, you have to separately submit it to the court.”\u003c/p>\n\u003cp>“I did submit a blue form to the court,” responded Valencia, who again provided her new address.\u003c/p>\n\u003cp>After scheduling a new hearing for Valencia in February, Judge Phan turned to a towering stack of blue folders for those not present. She rescheduled two cases, telling the ICE prosecutor he needed to provide more evidence. Then Phan signed deportation orders for 23 people who failed to appear.\u003c/p>\n\u003cp>Atkinson said she thinks the new system was an effort to cope with the court’s massive backlog, which recently surpassed 1.5 million cases. [aside postID=news_11883227]\u003c/p>\n\u003cp>“This was a way to help some cases get back on track that might have otherwise lost contact with the court, but the actual result is they’re deporting people in very high numbers,” she said.\u003c/p>\n\u003cp>In November, Atkinson sent a letter on behalf of a group of Bay Area legal advocates to the presiding judge for the San Francisco court expressing “grave concerns” about the returned notice dockets, arguing they violate the constitutional due process rights of people who are ordered deported in absentia.\u003c/p>\n\u003cp>In addition, the letter said, the COVID-19 pandemic has caused housing instability for many immigrants and restricted their access to legal services, two reasons the court should be more understanding.\u003c/p>\n\u003cp>In December, an official for the court system replied, calling the approach a “longstanding practice” for immigration courts throughout the country.\u003c/p>\n\u003cp>Courts “routinely create dockets for cases with returned hearing notices for efficiency and docket management,” wrote Alexis Fooshé, the communications and legislative affairs division chief of the Executive Office for Immigration Review. “Like every case before the court, immigration judges make decisions based on the specific and unique factors of each case in accordance with applicable law.”[aside tag=\"immigration, migration\" label=\"Related Coverage\"]Atkinson said if people in immigration proceedings had the right to court-appointed counsel, attorneys would help with the simple but essential task of keeping contact information current.\u003c/p>\n\u003cp>“And all of your mail would go to the lawyer’s office, so that would be a huge problem solved right there,” she said.\u003c/p>\n\u003cp>Díaz did not have a lawyer to sort out the mess caused when ICE erroneously entered her brother’s address. She’s grateful that the two advocates stopped to help when they saw her weeping outside the Sacramento ICE office.\u003c/p>\n\u003cp>“If they hadn’t been there, I wouldn’t be here,” she said. “I’d be back in my country and God knows what would have happened to me there.”\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>Rosa Díaz vividly remembers the summer day in 2019 when she showed up for an appointment at the Sacramento office of U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“The surprise I got on July 12 was that I was going to be deported,” she said, speaking in Spanish.\u003c/p>\n\u003cp>An ICE officer told her that a judge had ordered her removed from the country after she missed an immigration court hearing in Los Angeles the previous November. Díaz was stunned.\u003c/p>\n\u003cp>She had left Honduras with her three children in 2018 after police failed to protect her from an abusive partner who beat her close to death while she was pregnant with her youngest child. Over two weeks, they walked, got rides and took buses to the U.S. border, hoping to find protection. They were sent to an ICE family detention center in Texas for three weeks.\u003c/p>\n\u003cp>Before she was released from detention, Díaz, 40, gave ICE agents the phone number for her adult son, who lived in Maxwell, a town in rural Colusa County in the Sacramento Valley. Her son provided officials with his address, where his mom and siblings would be living. But the address ICE sent to the immigration court got botched: ICE listed the city as Los Angeles.\u003c/p>\n\u003cp>“I never received a notice of that hearing. If I had, I would have been there,” Díaz said. “My intention was to do things the right way.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When she was released from detention with a temporary status called “parole,” she was given a year before she had to check in with ICE. Díaz said she thought she had already been granted asylum.\u003c/p>\n\u003cp>“When a person first gets here, they don't know how things work, and nobody explained it to me,” she said.\u003c/p>\n\u003cp>The asylum process can be baffling, and, as Díaz learned, navigating it without a lawyer can be disastrous. Unlike in criminal cases, people in federal immigration court have no right to a court-appointed lawyer if they can’t find their own.\u003c/p>\n\u003cp>Like Díaz, thousands of newly arrived \u003ca href=\"https://trac.syr.edu/phptools/immigration/asylum/\">asylum seekers never get their day in court\u003c/a>. They can be tripped up by paperwork, and a clerical error can be enough to get them deported.\u003c/p>\n\u003cp>Last year a third of all immigrants in asylum cases did not have representation, according to data analyzed by the \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\" target=\"_blank\" rel=\"noopener noreferrer\">Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University. And over the past two decades, just 10% of asylum seekers without legal representation won their cases, while those with lawyers were nearly four times as likely to win protection, according to \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\" target=\"_blank\" rel=\"noopener noreferrer\">TRAC’s data\u003c/a>.\u003c/p>\n\u003ch3>The luckiest lunch break\u003c/h3>\n\u003cp>After passing an initial asylum screening, Díaz and her kids were released from family detention on June 20, 2018, and told to check in with ICE before her one-year parole document expired. So on June 13, 2019, Díaz voluntarily went to the ICE office in Sacramento. She was instructed to return on June 20 with all her documents, which she did. That day, ICE officials put her in a GPS ankle monitor. On July 12, they summoned her again, and that’s when she learned she had been ordered deported “in absentia” by a Los Angeles immigration judge on Nov. 27, 2018.\u003c/p>\n\u003cp>ICE officials told Díaz they planned to deport her that same day. But first, the office was closing for lunch.\u003c/p>\n\u003cp>“I went outside, sat down and burst into tears,” Díaz said. “I cried because I had gotten all the way here with my three children and I couldn’t imagine taking them back to Honduras.”\u003c/p>\n\u003cp>A pair of immigrant rights advocates with \u003ca href=\"https://www.norcalresist.org/\" target=\"_blank\" rel=\"noopener noreferrer\">NorCal Resist\u003c/a> who were leafleting outside the ICE building stopped to check on Díaz, said Katie Fleming, director of the \u003ca href=\"https://www.crlaf.org/removal-defense-representation\" target=\"_blank\" rel=\"noopener noreferrer\">removal defense program\u003c/a> at the California Rural Legal Assistance Foundation in Sacramento. The advocates drove her to Fleming’s office and made an urgent plea for legal help.\u003c/p>\n\u003cp>“We were able to talk to her and then advocate with ICE to give her a few more days to be able to try to reopen that removal proceeding because she did not know about it,” Fleming said.\u003c/p>\n\u003cp>The swift response by the activists and lawyers was an incredible stroke of luck for Díaz. Attorneys succeeded in reopening her case. And in March, with Fleming representing her, she won asylum for herself and her children.\u003c/p>\n\u003cp>But what Díaz experienced is common for asylum seekers without a lawyer. Fleming said Díaz’s case shows how even people with legitimate claims to asylum can be ordered deported without getting a chance to make their case to a judge.\u003c/p>\n\u003cp>“She didn’t understand, as most people don’t, what the next process entailed in terms of applying for asylum,” she continued. “She didn’t realize that going to an ICE office is different from going to court.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "Judge Phan turned to a towering stack of blue folders for those not present. Then she signed deportation orders for 23 people who failed to appear.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Immigrant rights advocates have long argued for universal access to counsel for people in removal proceedings. In a \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">January 2021 report\u003c/a>, the American Bar Association made a series of recommendations for how the incoming administration of President Joe Biden could make the immigration system more fair and efficient by providing government funding for lawyers, among other things.\u003c/p>\n\u003cp>The stakes for people who are deported can include persecution, torture and death, the report noted.\u003c/p>\n\u003cp>“Unrepresented individuals in removal proceedings are inherently disadvantaged in an adversarial system in which the government is always represented by an experienced attorney,” the report warned.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\" target=\"_blank\" rel=\"noopener noreferrer\">Biden administration has asked Congress\u003c/a> to budget $15 million to provide representation to families and children, and $23 million for legal orientation programs, but Congress has yet to act.\u003c/p>\n\u003ch3>Deported in absentia\u003c/h3>\n\u003cp>When a person fails to appear for a hearing in immigration court, they can be ordered removed from the country in absentia. That’s what happened to Díaz, and it’s been happening with alarming regularity at San Francisco’s immigration court, according to Milli Atkinson, who runs the \u003ca href=\"https://www.sfbar.org/jdc/immigrant-legal-defense/\" target=\"_blank\" rel=\"noopener noreferrer\">Immigrant Legal Defense Program\u003c/a> at the Bar Association of San Francisco.\u003c/p>\n\u003cp>Atkinson said judges handed out scores of deportation orders in absentia from August to November under a new system ostensibly aimed at correcting bad addresses when mail was returned as undeliverable.\u003c/p>\n\u003cp>“What the court started doing in August is purposely taking cases that they knew people were unlikely to get their mail and rescheduling their hearing and sending a new notice out to an address that the court knows is incorrect,” Atkinson said. “Some of the judges were just reading off their names and their case numbers and ordering them removed in bunches, without looking at the individual file, making sure the information was all correct and really making no attempt to contact the individuals.”\u003c/p>\n\u003cp>It’s a self-defeating system, Atkinson said, because most immigrants never get the new notice, so they miss their new court date.\u003c/p>\n\u003cp>She acknowledged that it’s the responsibility of individuals to notify the court within five days every time they move. But many people in removal proceedings are checking in regularly with ICE under a supervision program, she said.\u003c/p>\n\u003cp>“A lot of times ICE and the government attorneys have information about where these people are and what their current addresses are, and they have no legal obligation to share those with the court,” she said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>At one “returned notice” hearing in San Francisco in late October, Judge Susan Phan had 31 cases on her afternoon docket, but only six of the people were present.\u003c/p>\n\u003cp>One woman in the courtroom was Nichol Valencia, a fluent English speaker originally from the Philippines who’s married to a U.S. Coast Guard officer. She said she learned that her December hearing date had been rescheduled for October when she checked the court’s website, concerned that COVID-19 might interfere with court business.\u003c/p>\n\u003cp>“We called you in today because we were concerned you were not getting hearing notices,” Phan told Valencia. “Even though you submitted your new address to the ICE officer, you have to separately submit it to the court.”\u003c/p>\n\u003cp>“I did submit a blue form to the court,” responded Valencia, who again provided her new address.\u003c/p>\n\u003cp>After scheduling a new hearing for Valencia in February, Judge Phan turned to a towering stack of blue folders for those not present. She rescheduled two cases, telling the ICE prosecutor he needed to provide more evidence. Then Phan signed deportation orders for 23 people who failed to appear.\u003c/p>\n\u003cp>Atkinson said she thinks the new system was an effort to cope with the court’s massive backlog, which recently surpassed 1.5 million cases. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This was a way to help some cases get back on track that might have otherwise lost contact with the court, but the actual result is they’re deporting people in very high numbers,” she said.\u003c/p>\n\u003cp>In November, Atkinson sent a letter on behalf of a group of Bay Area legal advocates to the presiding judge for the San Francisco court expressing “grave concerns” about the returned notice dockets, arguing they violate the constitutional due process rights of people who are ordered deported in absentia.\u003c/p>\n\u003cp>In addition, the letter said, the COVID-19 pandemic has caused housing instability for many immigrants and restricted their access to legal services, two reasons the court should be more understanding.\u003c/p>\n\u003cp>In December, an official for the court system replied, calling the approach a “longstanding practice” for immigration courts throughout the country.\u003c/p>\n\u003cp>Courts “routinely create dockets for cases with returned hearing notices for efficiency and docket management,” wrote Alexis Fooshé, the communications and legislative affairs division chief of the Executive Office for Immigration Review. “Like every case before the court, immigration judges make decisions based on the specific and unique factors of each case in accordance with applicable law.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Atkinson said if people in immigration proceedings had the right to court-appointed counsel, attorneys would help with the simple but essential task of keeping contact information current.\u003c/p>\n\u003cp>“And all of your mail would go to the lawyer’s office, so that would be a huge problem solved right there,” she said.\u003c/p>\n\u003cp>Díaz did not have a lawyer to sort out the mess caused when ICE erroneously entered her brother’s address. She’s grateful that the two advocates stopped to help when they saw her weeping outside the Sacramento ICE office.\u003c/p>\n\u003cp>“If they hadn’t been there, I wouldn’t be here,” she said. “I’d be back in my country and God knows what would have happened to me there.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called “dedicated docket” is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>[aside postID=\"news_11883227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1150824330-1020x680.jpg\"]“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>[aside postID=\"news_11886227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51127_010_SanJose_Immigration_08232021-qut-1020x680.jpg\"]One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the ‘rocket docket’\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>[pullquote size='large' align='right']People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court.[/pullquote]The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I’m from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It’s harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Johanna Torres, immigration attorney\"]‘I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.’[/pullquote]“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='immigration']Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"title": "'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called “dedicated docket” is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the ‘rocket docket’\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I’m from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It’s harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n\u003c/p>\u003c/div>",
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"disqusTitle": "Protesters Demand ICE Stop Using Yuba Jail to Detain Immigrants",
"title": "Protesters Demand ICE Stop Using Yuba Jail to Detain Immigrants",
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"content": "\u003cp>Chanting, “Shut it down! Shut it down!,” more than a dozen protesters gathered this week in downtown San Francisco to demand the Biden administration permanently stop detaining immigrants at a county jail north of Sacramento that they say has a long history of dangerous confinement conditions.\u003c/p>\n\u003cp>Yuba County Jail in Marysville is the only remaining public facility in California that gets paid by U.S. Immigration and Customs Enforcement to lock up immigrants fighting deportation.\u003c/p>\n\u003cp>“Detention is always bad, but especially at Yuba County Jail, because of its history of mental health neglect, of medical neglect, of, unfortunately, tragic deaths,” said Laura Duarte Bateman, communications manager with the California Collaborative for Immigrant Justice, which organized Wednesday’s protest outside ICE’s San Francisco offices.[pullquote align=\"right\" size=\"medium\" citation=\"Ricardo Vasquez Cruz, a Salvadoran immigrant who was detained at Yuba County Jail\"]'What I experienced, I don't want another human being to live through that.'[/pullquote]“We’ve seen that, for more than 40 years, they’ve had these really horrible conditions,” she added.\u003c/p>\n\u003cp>The jail has been under the supervision of a federal court since 1979. A consent decree that was negotiated beforehand between the county and attorneys representing people incarcerated in the jail required the facility to improve conditions, including by providing timely medical care and access to exercise and recreation.\u003c/p>\n\u003cp>In 2019, four decades after it went into effect, the consent decree was amended to reflect current issues with the jail. But a recent monitoring report by the original attorneys concluded \u003ca href=\"https://rbgg.com/yuba-county-jail-monitoring-report-again-finds-county-not-in-compliance-with-amended-consent-decree/\">the jail is still not in full compliance\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The report found a number of violations, including a failure to follow intake protocols at the jail, which may have contributed to one person’s death, and the ongoing practice of placing people with serious mental illness in segregated housing units on a long-term basis.\u003c/p>\n\u003cfigure id=\"attachment_11899496\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\">\u003cimg class=\"wp-image-11899496 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\" alt=\"A woman speaks into a microphone, in front of two other women holding a banner that says '¡Somos 11!'\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Laura Duarte Bateman speaks to protesters in front of ICE's offices in San Francisco on Dec. 15, 2021. On her right is Miguel Araujo, 73, who was held by ICE at the Yuba County Jail in 2018 and continues to fight deportation. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In April 2020, the jail held 144 immigrants as part of its arrangement with ICE. But all the \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">detainees were released during the pandemic\u003c/a>, partly as a result of another federal judge’s orders aimed at preventing a COVID-19 outbreak at the facility.\u003c/p>\n\u003cp>Yet, ICE is still on the hook to pay Yuba County at least $23,720 a day as part of their agreement, even though no detainees are currently being held there, according to the Yuba County Sheriff’s Department.\u003c/p>\n\u003cp>That expenditure was criticized as an “obvious waste of resources” by two dozen Democratic members of Congress from California who in October \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/CA%20ICE%20Detention%20Letter.pdf\">expressed their grievances in a letter\u003c/a> to U.S. Department of Homeland Security Secretary Alejandro Mayorkas, whose agency oversees ICE. The lawmakers urged Mayorkas to take immediate steps to end ICE’s contracts with both the jail and two privately run detention centers in the state.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"immigration\"]“Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled,” the letter, signed by Rep. Zoe Lofgren, D-San José, and other lawmakers, said.\u003c/p>\n\u003cp>Mayorkas has not yet replied, said a staffer for Lofgren, who chairs the House Judiciary Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>ICE has not sent any new individuals to the Yuba jail since July 2020, said Kelly Wells, an immigration attorney with the San Francisco Public Defender’s Office who represented detainees in a \u003ca href=\"https://www.aclunc.org/our-work/legal-docket/zepeda-rivas-v-jennings-immigration-detention\">lawsuit\u003c/a> that forced ICE officials to release dozens of people during the pandemic.\u003c/p>\n\u003cp>“ICE is able to conduct its operations without using this facility,” said Wells, whose clients include a \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">young asylum-seeker who waged hunger strikes\u003c/a> at the jail. “So why would you go back to using a facility that can’t comply with people’s constitutional rights in normal times, much less with the heightened level of care they need when there’s a pandemic?”\u003c/p>\n\u003cp>An ICE spokesperson declined to comment on why no individuals are currently held at the jail or whether the agency plans to detain people at the facility anytime soon, as advocates fear.\u003c/p>\n\u003cp>Duarte Bateman, of the California Collaborative for Immigrant Justice, and local immigration attorneys say they believe ICE is planning to restart intakes at Yuba because the agency has requested that an immigration court in San Francisco — whose jurisdiction includes the Yuba facility — reserve time in judges’ schedules to consider new cases of people who would be detained at the jail.\u003c/p>\n\u003cp>But Yuba County Jail is not expecting any ICE detainees this week, said Leslie Carbah, a spokesperson with the Yuba County Sheriff’s Office.\u003c/p>\n\u003cp>“The simple answer is they haven’t needed the housing here,” she said. “However, we are able to accept detainees for housing when ICE has detainees in need of housing.”\u003c/p>\n\u003cp>Carbah defended conditions at the facility and maintained that while some deficiencies have been noted during inspections by state and federal authorities, they have been quickly rectified.\u003c/p>\n\u003cfigure id=\"attachment_11899497\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11899497 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg\" alt=\"A man wearing a jacket and a scarf on a street in San Francisco, with a small group of protesters behind him.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Salvadoran immigrant Ricardo Vasquez Cruz at a protest near ICE's offices in San Francisco on Dec. 15, 2021. Vasquez Cruz, 46, was detained by ICE at Yuba County Jail for more than three years, he said, and released on Oct. 27, 2021. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We have 24/7 medical and mental health care available for those in our custody, and the men and women who work in the Yuba County Jail provide a high level of service,” she said.\u003c/p>\n\u003cp>Nearly 22,000 people were detained in ICE facilities across the country as of Dec. 5, down from more than 27,000 reported in June, according to researchers at Syracuse University. The data shows that \u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">75% of those detained have no criminal record\u003c/a>, while many others have only minor violations, such as traffic infractions.\u003c/p>\n\u003cp>ICE says it must lock up people fighting deportation to ensure they appear for their court hearings. Detention resources are “focused on those who represent a danger to persons or property, for whom detention is mandatory by law, or who may be a flight risk,” said Alethea Smock, the ICE spokesperson.\u003c/p>\n\u003cp>ICE ensures that detainees in its custody “reside in safe, secure and humane environments and under appropriate conditions of confinement,” she added, quoting the agency’s \u003ca href=\"https://www.ice.gov/detain/detention-management\">website\u003c/a>.\u003c/p>\n\u003cp>In theory, civil immigration detention should not be punitive, since the people held by ICE are not serving criminal sentences.\u003c/p>\n\u003cp>But Ricardo Vasquez Cruz, a Salvadoran immigrant who in October became the \u003ca href=\"https://sfpublicdefender.org/news/2021/10/breaking-last-person-in-ice-custody-at-the-yuba-county-jail-released-after-pressure-from-advocates-attorneys-and-members-of-congress/\">last detainee\u003c/a> released from the Yuba jail, said his experience there felt like a punishment — with poor medical care available to treat his diabetes and meals that made his stomach hurt.\u003c/p>\n\u003cp>The father of a 19-year-old U.S. citizen, Vasquez Cruz said he was often locked up in a cell for more than 20 hours a day, and struggled to get soap and other basic necessities.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“What I experienced, I don’t want another human being to live through that,” Vasquez Cruz, 46, told KQED in Spanish, after joining Wednesday’s protest. “Thank God I was able to bear it, but I don’t know if other people can.”[pullquote]\u003c/p>\n\n",
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"excerpt": "Yuba County Jail in Marysville is the only remaining public facility in California that receives funds from U.S. Immigration and Customs Enforcement to detain immigrants.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Chanting, “Shut it down! Shut it down!,” more than a dozen protesters gathered this week in downtown San Francisco to demand the Biden administration permanently stop detaining immigrants at a county jail north of Sacramento that they say has a long history of dangerous confinement conditions.\u003c/p>\n\u003cp>Yuba County Jail in Marysville is the only remaining public facility in California that gets paid by U.S. Immigration and Customs Enforcement to lock up immigrants fighting deportation.\u003c/p>\n\u003cp>“Detention is always bad, but especially at Yuba County Jail, because of its history of mental health neglect, of medical neglect, of, unfortunately, tragic deaths,” said Laura Duarte Bateman, communications manager with the California Collaborative for Immigrant Justice, which organized Wednesday’s protest outside ICE’s San Francisco offices.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We’ve seen that, for more than 40 years, they’ve had these really horrible conditions,” she added.\u003c/p>\n\u003cp>The jail has been under the supervision of a federal court since 1979. A consent decree that was negotiated beforehand between the county and attorneys representing people incarcerated in the jail required the facility to improve conditions, including by providing timely medical care and access to exercise and recreation.\u003c/p>\n\u003cp>In 2019, four decades after it went into effect, the consent decree was amended to reflect current issues with the jail. But a recent monitoring report by the original attorneys concluded \u003ca href=\"https://rbgg.com/yuba-county-jail-monitoring-report-again-finds-county-not-in-compliance-with-amended-consent-decree/\">the jail is still not in full compliance\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The report found a number of violations, including a failure to follow intake protocols at the jail, which may have contributed to one person’s death, and the ongoing practice of placing people with serious mental illness in segregated housing units on a long-term basis.\u003c/p>\n\u003cfigure id=\"attachment_11899496\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\">\u003cimg class=\"wp-image-11899496 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\" alt=\"A woman speaks into a microphone, in front of two other women holding a banner that says '¡Somos 11!'\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Laura Duarte Bateman speaks to protesters in front of ICE's offices in San Francisco on Dec. 15, 2021. On her right is Miguel Araujo, 73, who was held by ICE at the Yuba County Jail in 2018 and continues to fight deportation. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In April 2020, the jail held 144 immigrants as part of its arrangement with ICE. But all the \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">detainees were released during the pandemic\u003c/a>, partly as a result of another federal judge’s orders aimed at preventing a COVID-19 outbreak at the facility.\u003c/p>\n\u003cp>Yet, ICE is still on the hook to pay Yuba County at least $23,720 a day as part of their agreement, even though no detainees are currently being held there, according to the Yuba County Sheriff’s Department.\u003c/p>\n\u003cp>That expenditure was criticized as an “obvious waste of resources” by two dozen Democratic members of Congress from California who in October \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/CA%20ICE%20Detention%20Letter.pdf\">expressed their grievances in a letter\u003c/a> to U.S. Department of Homeland Security Secretary Alejandro Mayorkas, whose agency oversees ICE. The lawmakers urged Mayorkas to take immediate steps to end ICE’s contracts with both the jail and two privately run detention centers in the state.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled,” the letter, signed by Rep. Zoe Lofgren, D-San José, and other lawmakers, said.\u003c/p>\n\u003cp>Mayorkas has not yet replied, said a staffer for Lofgren, who chairs the House Judiciary Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>ICE has not sent any new individuals to the Yuba jail since July 2020, said Kelly Wells, an immigration attorney with the San Francisco Public Defender’s Office who represented detainees in a \u003ca href=\"https://www.aclunc.org/our-work/legal-docket/zepeda-rivas-v-jennings-immigration-detention\">lawsuit\u003c/a> that forced ICE officials to release dozens of people during the pandemic.\u003c/p>\n\u003cp>“ICE is able to conduct its operations without using this facility,” said Wells, whose clients include a \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">young asylum-seeker who waged hunger strikes\u003c/a> at the jail. “So why would you go back to using a facility that can’t comply with people’s constitutional rights in normal times, much less with the heightened level of care they need when there’s a pandemic?”\u003c/p>\n\u003cp>An ICE spokesperson declined to comment on why no individuals are currently held at the jail or whether the agency plans to detain people at the facility anytime soon, as advocates fear.\u003c/p>\n\u003cp>Duarte Bateman, of the California Collaborative for Immigrant Justice, and local immigration attorneys say they believe ICE is planning to restart intakes at Yuba because the agency has requested that an immigration court in San Francisco — whose jurisdiction includes the Yuba facility — reserve time in judges’ schedules to consider new cases of people who would be detained at the jail.\u003c/p>\n\u003cp>But Yuba County Jail is not expecting any ICE detainees this week, said Leslie Carbah, a spokesperson with the Yuba County Sheriff’s Office.\u003c/p>\n\u003cp>“The simple answer is they haven’t needed the housing here,” she said. “However, we are able to accept detainees for housing when ICE has detainees in need of housing.”\u003c/p>\n\u003cp>Carbah defended conditions at the facility and maintained that while some deficiencies have been noted during inspections by state and federal authorities, they have been quickly rectified.\u003c/p>\n\u003cfigure id=\"attachment_11899497\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11899497 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg\" alt=\"A man wearing a jacket and a scarf on a street in San Francisco, with a small group of protesters behind him.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Salvadoran immigrant Ricardo Vasquez Cruz at a protest near ICE's offices in San Francisco on Dec. 15, 2021. Vasquez Cruz, 46, was detained by ICE at Yuba County Jail for more than three years, he said, and released on Oct. 27, 2021. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We have 24/7 medical and mental health care available for those in our custody, and the men and women who work in the Yuba County Jail provide a high level of service,” she said.\u003c/p>\n\u003cp>Nearly 22,000 people were detained in ICE facilities across the country as of Dec. 5, down from more than 27,000 reported in June, according to researchers at Syracuse University. The data shows that \u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">75% of those detained have no criminal record\u003c/a>, while many others have only minor violations, such as traffic infractions.\u003c/p>\n\u003cp>ICE says it must lock up people fighting deportation to ensure they appear for their court hearings. Detention resources are “focused on those who represent a danger to persons or property, for whom detention is mandatory by law, or who may be a flight risk,” said Alethea Smock, the ICE spokesperson.\u003c/p>\n\u003cp>ICE ensures that detainees in its custody “reside in safe, secure and humane environments and under appropriate conditions of confinement,” she added, quoting the agency’s \u003ca href=\"https://www.ice.gov/detain/detention-management\">website\u003c/a>.\u003c/p>\n\u003cp>In theory, civil immigration detention should not be punitive, since the people held by ICE are not serving criminal sentences.\u003c/p>\n\u003cp>But Ricardo Vasquez Cruz, a Salvadoran immigrant who in October became the \u003ca href=\"https://sfpublicdefender.org/news/2021/10/breaking-last-person-in-ice-custody-at-the-yuba-county-jail-released-after-pressure-from-advocates-attorneys-and-members-of-congress/\">last detainee\u003c/a> released from the Yuba jail, said his experience there felt like a punishment — with poor medical care available to treat his diabetes and meals that made his stomach hurt.\u003c/p>\n\u003cp>The father of a 19-year-old U.S. citizen, Vasquez Cruz said he was often locked up in a cell for more than 20 hours a day, and struggled to get soap and other basic necessities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“What I experienced, I don’t want another human being to live through that,” Vasquez Cruz, 46, told KQED in Spanish, after joining Wednesday’s protest. “Thank God I was able to bear it, but I don’t know if other people can.”\u003c/p>\u003c/div>",
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"content": "\u003cp>The Biden administration has unveiled \u003ca href=\"https://www.npr.org/2021/09/30/1042008490/the-white-house-rolls-out-new-guidelines-for-ice-but-defends-trump-era-policy\">new guidelines this week for federal immigration enforcement\u003c/a> that prioritize the most urgent threats to public safety, while still leaving discretion in the hands of individual officers and agents.\u003c/p>\n\u003cp>“What we have done is we have guided our workforce to exercise its discretion to focus on individuals who pose a threat to national security, public safety and border security,” Homeland Security Secretary Alejandro Mayorkas told NPR.\u003c/p>\n\u003cp>Under the new guidance, outlined in a memo from Mayorkas to U.S. Immigration and Customs Enforcement and other agencies, simply being present in the U.S. without legal authorization “should not alone be the basis” for immigration authorities to arrest or deport someone.\u003c/p>\n\u003cp>For many, ICE became the de facto face of former President Donald Trump’s immigration crackdown, as agents were free to arrest anyone they encountered who was in the country illegally. With these new guidelines, the Biden administration is trying to distance itself from those policies.\u003c/p>\n\u003cp>It is an “incontrovertible fact,” Mayorkas said, that “the majority of undocumented individuals … have contributed so significantly to our communities across the country for years. They include individuals who have worked on the front lines in the battle against COVID, teach our children, do the backbreaking farm work to help deliver food to our table.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But as with many of the Biden administration’s immigration policies, the new rules were quickly attacked from all sides.\u003c/p>\n\u003cp>The guidelines “sit somewhere between lunacy and anarchy,” said Jon Feere, a former ICE chief of staff during the Trump administration who is now at the Center for Immigration Studies in Washington, which advocates for lower levels of immigration.\u003c/p>\n\u003cp>[aside label-\"related coverage\" tag=\"immigration\"]“But smugglers and traffickers must be happy,” he \u003ca href=\"https://twitter.com/JonFeere/status/1443681099729809408\">wrote in a tweet\u003c/a>.\u003c/p>\n\u003cp>The new guidance largely mirrors the enforcement priorities laid out in \u003ca href=\"https://www.npr.org/2021/02/18/969083367/biden-tells-ice-to-chill-new-rules-limit-who-immigration-agents-target-for-arres\">interim guidance from the Biden administration earlier this year\u003c/a>. But after criticism from Republicans and immigration hard-liners, the final guidance gives more leeway to individual ICE agents to make decisions about who is a threat to public safety.\u003c/p>\n\u003cp>Immigrant advocates worry that open-ended language could lead to abuse.\u003c/p>\n\u003cp>“This new guidance memo falls short of the Biden administration’s commitments and promises to create a fair and humane immigration system,” said Yaritza Mendez, with the pro-immigration advocacy group Make the Road New York.\u003c/p>\n\u003cp>“Left to use their own discretion, agencies like ICE have an alarming history of terrorizing, detaining and separating communities. We cannot continue to build on a system that inflicts harm on our immigrant communities,” Mendez said in a statement.\u003c/p>\n\u003cp>But DHS Secretary Mayorkas pushed back on those concerns.\u003c/p>\n\u003cp>“Yes, it leaves discretion in the hands of the agents. But that discretion is guided. It is supervised. It is managed. It is overseen,” Mayorkas told NPR.\u003c/p>\n\u003cp>He said ICE officers should look at a wide range of factors when deciding whom to arrest and deport — and that DHS would put safeguards in place to ensure that they do.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“We will hold ourselves accountable internally, and we will hold ourselves accountable to the public externally,” he said.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=New+Immigration+Enforcement+Guidelines+Focus+On+Threats+To+Public+Safety&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cp>Many skilled foreign workers — especially from India — wait years, or even decades, for a green card, which would allow them to stay and work in the United States permanently. Federal legislation\u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-curtis-introduce-bipartisan-legislation-eliminate-arbitrary-country\" target=\"_blank\" rel=\"noopener noreferrer\"> co-sponsored\u003c/a> by Democratic Silicon Valley Rep. Zoe Lofgren would phase out some of the rules that have created that backlog. But the bill’s survival is far from certain.\u003c/p>\n\u003cp>If you spend much time in the tech world, you invariably hear about the epic queue for \u003ca href=\"https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants\" target=\"_blank\" rel=\"noopener noreferrer\">employment-based green cards\u003c/a>, especially from Indian nationals. Shibin Nambiar of Fremont did when he first moved to the U.S. in 2013 on a temporary H-1B work visa.\u003c/p>\n\u003cp>“You don’t realize it today, but down the line, when you’ll have your kid and your wife, and you’re settled and you have a house — that time you’ll realize — you just will never get your green card,” said Nambiar, a data architect at Rubrik, a cloud data management company based in Palo Alto. “It’s going to be a life of uncertainty forever.”\u003c/p>\n\u003cp>Nambiar applied for a green card in 2015, after he got married, had a kid and bought a house. But he faces a wait so long, he jokes he may have to wait for his 4-year-old son, born here in the U.S., to turn 21 and sponsor him for residency based on their family relationship. “He can file for us ultimately, and that’s the way we might get a green card!”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rep. Zoe Lofgren\"]‘If you were born in India, applications filed on Aug. 1, 2010, are being approved today. It doesn’t make any sense to organize it in this way.’[/pullquote]According to 2020 data from U.S. Citizenship and Immigration Services, more than 1 million people are waiting for an employment-based green card. And more people join the queue each year. But immigration law caps the total number of new cards at just 140,000 per year, and spouses and children of green card applicants count toward the annual cap.\u003c/p>\n\u003cp>“You know, the system that we have now has basically not been changed in many decades, and I think it’s operating in a way that people likely didn’t envision,” said Lofgren, who co-sponsored the \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/EAGLE%20Act%20Final%20Bill%20Text.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Equal Access to Green cards for Legal Employment\u003c/a>, or EAGLE, Act of 2021. She serves on the Judiciary Committee and chairs the House Immigration and Citizenship Subcommittee.\u003c/p>\n\u003cp>The bottleneck is compounded for immigrants from high-demand countries, because U.S. law stipulates that no more than 7% of green cards can go to workers from any single country in a given year.\u003c/p>\n\u003cp>“If you were born in India, applications filed on Aug. 1, 2010, are being approved today, and it doesn’t make any sense to organize it in this way,” she added.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Most of those waiting for employment-based green cards are from two countries: India and China. Albania and Zimbabwe are allocated the same number as India and China, even though Albania and Zimbabwe don’t have nearly as many applicants keen to work in Silicon Valley.\u003c/p>\n\u003cp>“It’s worth remembering the only people who actually benefit from this bill are people who’ve gone through all the hoops to become legal permanent residents of the United States,” said Lofgren. “And, in a way that’s really un-American, instead of looking at their merits, we’re looking at their place of birth.”\u003c/p>\n\u003cp>The bill, H.R. 3648, phases out the 7% per-country limit on employment-based immigrant visas. It would also raise the 7% per-country limit on family-sponsored immigrant visas to 15%.\u003c/p>\n\u003cp>Reducing the bottlenecks and allowing more skilled foreign workers to make a permanent home in the U.S. will benefit the broader economy, said Sean Randolph, senior director of the Bay Area Council Economic Institute, a public-private partnership of business, labor, government and higher education.\u003c/p>\n\u003cp>“If you look at where a lot of the hiring is from in tech companies, the big story is India,” Randolph said. “There is a pretty broad consensus, on a bipartisan level, that we need to support more skilled immigration into the United States.”\u003c/p>\n\u003cp>[aside postID=\"news_10859344,news_11707255,news_11701936\" label=\"Related Coverage\"]But even though the EAGLE Act is widely supported by business interests, its future is not assured. A similar bill failed to make it to President Trump’s desk in 2019. And due to the way partisanship has frozen Washington, D.C., it’s become difficult for Republican lawmakers to publicly support a hot-button issue like immigration reform.\u003c/p>\n\u003cp>While the EAGLE Act may not move forward as a stand-alone bill, according to a Democratic staffer who asked not to be identified, there’s a plan to fold in elements of the bill when the Senate sends its budget to the House for reconciliation, sometime in September. Lofgren was one of roughly a dozen lawmakers lobbying President Biden over the summer for various immigration reforms. It’s too soon to say which parts of the bill might survive these negotiations.\u003c/p>\n\u003cp>The EAGLE Act also includes reforms to the contentious H-1B visa program, which allows foreign citizens in specialty occupations, like computer engineering, to work in the U.S. temporarily. Silicon Valley employers have long taken advantage of people on these visas — and often hire them instead of American citizens who expect better pay and working conditions. The changes the EAGLE Act would make are not enough to mollify critics like protectionist John Miano, a computer programmer turned lawyer who’s sued multiple administrations over immigration policy.\u003c/p>\n\u003cp>Among other things, he dislikes the fact that a 1990 law allowed employers of H-1B and L-1 visa holders to apply for green cards for those workers. That extended the U.S. stay of those employees while the applications are processed, and it gave hundreds of thousands of foreign workers like Nambiar hope of a permanent life here. But it also swamped the waiting line for employment-based green cards. The EAGLE Act, Miano argues, would not change that.\u003c/p>\n\u003cp>“The fundamental problem is that we have a guest worker system, and we have a permanent immigration system. The guest worker system is larger than the permanent immigration system,” said Miano. “They used to be separate. You take a large system and you pour it into a small system, and you can see what happens.”\u003c/p>\n\u003cp>Comedian John Oliver, who came to the U.S. on a work-based visa himself, explained this dynamic in a 2019 episode of his show “Last Week Tonight.”\u003c/p>\n\u003cp>“I can tell you from experience here, living on a visa can be very stressful, and involves having to jump through endless, costly hoops,” Oliver said.\u003c/p>\n\u003cp>When his employer finally presented Oliver with a green card, he said he nearly burst into tears from relief: “That is when I realized I’d been worried about my immigration status every single day.”\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=tXqnRMU1fTs\u003c/p>\n\u003cp>So what do those in the epic queue for a green card think of the modest ambitions of the EAGLE Act?\u003c/p>\n\u003cp>“I feel [if a] Band-Aid is the approach, then [so be] it,” said Leena Bhai of Sunnyvale. Her family has been waiting on her husband’s green card application for five years. “Is comprehensive reform even possible? If not, let’s just work with what we can.”\u003c/p>\n\u003cp>One of Bhai’s children was born in the U.S., the other in India. If they don’t get their green cards before the child born in India — now 6 — turns 21, he will lose his dependent status, and will have to return to the country of his birth to file his own green card application.\u003c/p>\n\u003cp>At the very least, Bhai says, she’s hoping federal lawmakers make clear whether they want families like hers to stay permanently. Because if not, she and her husband are likely to move their family to another country — one where they can feel secure that their young children will be welcome to go to college when that day comes.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Many skilled foreign workers — especially from India — wait years, or even decades, for a green card, which would allow them to stay and work in the United States permanently. Federal legislation\u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-curtis-introduce-bipartisan-legislation-eliminate-arbitrary-country\" target=\"_blank\" rel=\"noopener noreferrer\"> co-sponsored\u003c/a> by Democratic Silicon Valley Rep. Zoe Lofgren would phase out some of the rules that have created that backlog. But the bill’s survival is far from certain.\u003c/p>\n\u003cp>If you spend much time in the tech world, you invariably hear about the epic queue for \u003ca href=\"https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants\" target=\"_blank\" rel=\"noopener noreferrer\">employment-based green cards\u003c/a>, especially from Indian nationals. Shibin Nambiar of Fremont did when he first moved to the U.S. in 2013 on a temporary H-1B work visa.\u003c/p>\n\u003cp>“You don’t realize it today, but down the line, when you’ll have your kid and your wife, and you’re settled and you have a house — that time you’ll realize — you just will never get your green card,” said Nambiar, a data architect at Rubrik, a cloud data management company based in Palo Alto. “It’s going to be a life of uncertainty forever.”\u003c/p>\n\u003cp>Nambiar applied for a green card in 2015, after he got married, had a kid and bought a house. But he faces a wait so long, he jokes he may have to wait for his 4-year-old son, born here in the U.S., to turn 21 and sponsor him for residency based on their family relationship. “He can file for us ultimately, and that’s the way we might get a green card!”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>According to 2020 data from U.S. Citizenship and Immigration Services, more than 1 million people are waiting for an employment-based green card. And more people join the queue each year. But immigration law caps the total number of new cards at just 140,000 per year, and spouses and children of green card applicants count toward the annual cap.\u003c/p>\n\u003cp>“You know, the system that we have now has basically not been changed in many decades, and I think it’s operating in a way that people likely didn’t envision,” said Lofgren, who co-sponsored the \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/EAGLE%20Act%20Final%20Bill%20Text.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Equal Access to Green cards for Legal Employment\u003c/a>, or EAGLE, Act of 2021. She serves on the Judiciary Committee and chairs the House Immigration and Citizenship Subcommittee.\u003c/p>\n\u003cp>The bottleneck is compounded for immigrants from high-demand countries, because U.S. law stipulates that no more than 7% of green cards can go to workers from any single country in a given year.\u003c/p>\n\u003cp>“If you were born in India, applications filed on Aug. 1, 2010, are being approved today, and it doesn’t make any sense to organize it in this way,” she added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Most of those waiting for employment-based green cards are from two countries: India and China. Albania and Zimbabwe are allocated the same number as India and China, even though Albania and Zimbabwe don’t have nearly as many applicants keen to work in Silicon Valley.\u003c/p>\n\u003cp>“It’s worth remembering the only people who actually benefit from this bill are people who’ve gone through all the hoops to become legal permanent residents of the United States,” said Lofgren. “And, in a way that’s really un-American, instead of looking at their merits, we’re looking at their place of birth.”\u003c/p>\n\u003cp>The bill, H.R. 3648, phases out the 7% per-country limit on employment-based immigrant visas. It would also raise the 7% per-country limit on family-sponsored immigrant visas to 15%.\u003c/p>\n\u003cp>Reducing the bottlenecks and allowing more skilled foreign workers to make a permanent home in the U.S. will benefit the broader economy, said Sean Randolph, senior director of the Bay Area Council Economic Institute, a public-private partnership of business, labor, government and higher education.\u003c/p>\n\u003cp>“If you look at where a lot of the hiring is from in tech companies, the big story is India,” Randolph said. “There is a pretty broad consensus, on a bipartisan level, that we need to support more skilled immigration into the United States.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But even though the EAGLE Act is widely supported by business interests, its future is not assured. A similar bill failed to make it to President Trump’s desk in 2019. And due to the way partisanship has frozen Washington, D.C., it’s become difficult for Republican lawmakers to publicly support a hot-button issue like immigration reform.\u003c/p>\n\u003cp>While the EAGLE Act may not move forward as a stand-alone bill, according to a Democratic staffer who asked not to be identified, there’s a plan to fold in elements of the bill when the Senate sends its budget to the House for reconciliation, sometime in September. Lofgren was one of roughly a dozen lawmakers lobbying President Biden over the summer for various immigration reforms. It’s too soon to say which parts of the bill might survive these negotiations.\u003c/p>\n\u003cp>The EAGLE Act also includes reforms to the contentious H-1B visa program, which allows foreign citizens in specialty occupations, like computer engineering, to work in the U.S. temporarily. Silicon Valley employers have long taken advantage of people on these visas — and often hire them instead of American citizens who expect better pay and working conditions. The changes the EAGLE Act would make are not enough to mollify critics like protectionist John Miano, a computer programmer turned lawyer who’s sued multiple administrations over immigration policy.\u003c/p>\n\u003cp>Among other things, he dislikes the fact that a 1990 law allowed employers of H-1B and L-1 visa holders to apply for green cards for those workers. That extended the U.S. stay of those employees while the applications are processed, and it gave hundreds of thousands of foreign workers like Nambiar hope of a permanent life here. But it also swamped the waiting line for employment-based green cards. The EAGLE Act, Miano argues, would not change that.\u003c/p>\n\u003cp>“The fundamental problem is that we have a guest worker system, and we have a permanent immigration system. The guest worker system is larger than the permanent immigration system,” said Miano. “They used to be separate. You take a large system and you pour it into a small system, and you can see what happens.”\u003c/p>\n\u003cp>Comedian John Oliver, who came to the U.S. on a work-based visa himself, explained this dynamic in a 2019 episode of his show “Last Week Tonight.”\u003c/p>\n\u003cp>“I can tell you from experience here, living on a visa can be very stressful, and involves having to jump through endless, costly hoops,” Oliver said.\u003c/p>\n\u003cp>When his employer finally presented Oliver with a green card, he said he nearly burst into tears from relief: “That is when I realized I’d been worried about my immigration status every single day.”\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/tXqnRMU1fTs'\n title='//www.youtube.com/embed/tXqnRMU1fTs'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>So what do those in the epic queue for a green card think of the modest ambitions of the EAGLE Act?\u003c/p>\n\u003cp>“I feel [if a] Band-Aid is the approach, then [so be] it,” said Leena Bhai of Sunnyvale. Her family has been waiting on her husband’s green card application for five years. “Is comprehensive reform even possible? If not, let’s just work with what we can.”\u003c/p>\n\u003cp>One of Bhai’s children was born in the U.S., the other in India. If they don’t get their green cards before the child born in India — now 6 — turns 21, he will lose his dependent status, and will have to return to the country of his birth to file his own green card application.\u003c/p>\n\u003cp>At the very least, Bhai says, she’s hoping federal lawmakers make clear whether they want families like hers to stay permanently. Because if not, she and her husband are likely to move their family to another country — one where they can feel secure that their young children will be welcome to go to college when that day comes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Gov. Gavin Newsom on Friday pardoned more than a dozen people, including two formerly incarcerated firefighters who faced deportation.[pullquote size=\"medium\" align=\"right\" citation=\"Bounchan Keola\"]‘Being a Californian means believing that people can turn their lives around and deserve second chances but also that we are tied together and owe a duty to serve one another.’[/pullquote]\u003c/p>\n\u003cp>The pardon will make those two men, who were in U.S. Immigration and Customs Enforcement custody, safe from potential deportation, according to Anoop Prasad, senior staff attorney at the Asian Law Caucus, which represented them.\u003c/p>\n\u003cp>Newsom announced pardons for 14 people, commuted sentences for 13 others and granted medical reprieves for eight state prisoners, most of them in their 60s or 70s, who are considered to be at high medical risk.\u003c/p>\n\u003cp>Those pardoned included Kao Ta Saelee and Bounchan Keola, who were born in Laos but came to the U.S. as young children. Each spent more than two decades in prison for crimes committed when they were teenagers. “They both went home for the first time since they were teenagers,” Prasad said.\u003c/p>\n\u003cp>“Their stories reflect the stories of a lot of Southeast Asian refugees and just a lot of people in prison in general,” he added.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>https://twitter.com/aaaj_alc/status/1398438631296036865?s=20\u003c/p>\n\u003cp>Both helped fight devastating California wildfires and Keola suffered a serious neck injury when a tree fell on him last fall. “Both of them fought on the front lines of some of the worst wildfires in California history,” Prasad said. After being released from prison, however, they were eligible for deportation and each spent months in federal detention facilities.\u003c/p>\n\u003cp>Newsom said each man has demonstrated that he is living “an upright life” and both presented evidence that because of their convictions, they faced deportation and permanent separation from their families in California, Newsom said. [aside postID=news_11848154]“Now with the pardon, it eliminates the criminal conviction, which forms the basis for their deportation order, so they’re safe from deportation and can remain in California with their families,” Prasad said.\u003c/p>\n\u003cp>Prasad said it also means they can continue working as firefighters, something which both of them have said they wanted to do.\u003c/p>\n\u003cp>In a statement issued by the Asian Law Caucus, Keola said: “Being a Californian means believing that people can turn their lives around and deserve second chances but also that we are tied together and owe a duty to serve one another. I have tried my best to earn that second chance and am thankful that the governor recognized that with a pardon today.”\u003c/p>\n\u003cp>“I cannot express how grateful I am to have received a pardon and to finally be safe from the threat of deportation and permanent separation from my family,” Saelee said in a statement. He spent nearly a year in federal detention in Louisiana before being freed last week. “California is the only home I have ever known.”\u003c/p>\n\u003cp>A bill in the state Legislature, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">The VISION Act\u003c/a>, would prohibit any state or local agency from aiding in immigration enforcement, including arrests, detentions and deportations. Courts also would be barred from using immigration status as a factor in denying probation. Prasad said the legislation would protect other firefighters and people like Saelee and Keola. “We need to stop this policy of reporting everyone to ICE using our California prison system,” he said.\u003c/p>\n\u003cp>The California Constitution gives the governor authority to grant clemency. A commutation reduces the length of a prison sentence. A pardon would effectively do the same, but it also restores certain civil rights for people who have already completed their sentences.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story includes additional reporting from KQED’s Natalia Navarro and The Associated Press.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom on Friday pardoned more than a dozen people, including two formerly incarcerated firefighters who faced deportation.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The pardon will make those two men, who were in U.S. Immigration and Customs Enforcement custody, safe from potential deportation, according to Anoop Prasad, senior staff attorney at the Asian Law Caucus, which represented them.\u003c/p>\n\u003cp>Newsom announced pardons for 14 people, commuted sentences for 13 others and granted medical reprieves for eight state prisoners, most of them in their 60s or 70s, who are considered to be at high medical risk.\u003c/p>\n\u003cp>Those pardoned included Kao Ta Saelee and Bounchan Keola, who were born in Laos but came to the U.S. as young children. Each spent more than two decades in prison for crimes committed when they were teenagers. “They both went home for the first time since they were teenagers,” Prasad said.\u003c/p>\n\u003cp>“Their stories reflect the stories of a lot of Southeast Asian refugees and just a lot of people in prison in general,” he added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Both helped fight devastating California wildfires and Keola suffered a serious neck injury when a tree fell on him last fall. “Both of them fought on the front lines of some of the worst wildfires in California history,” Prasad said. After being released from prison, however, they were eligible for deportation and each spent months in federal detention facilities.\u003c/p>\n\u003cp>Newsom said each man has demonstrated that he is living “an upright life” and both presented evidence that because of their convictions, they faced deportation and permanent separation from their families in California, Newsom said. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Now with the pardon, it eliminates the criminal conviction, which forms the basis for their deportation order, so they’re safe from deportation and can remain in California with their families,” Prasad said.\u003c/p>\n\u003cp>Prasad said it also means they can continue working as firefighters, something which both of them have said they wanted to do.\u003c/p>\n\u003cp>In a statement issued by the Asian Law Caucus, Keola said: “Being a Californian means believing that people can turn their lives around and deserve second chances but also that we are tied together and owe a duty to serve one another. I have tried my best to earn that second chance and am thankful that the governor recognized that with a pardon today.”\u003c/p>\n\u003cp>“I cannot express how grateful I am to have received a pardon and to finally be safe from the threat of deportation and permanent separation from my family,” Saelee said in a statement. He spent nearly a year in federal detention in Louisiana before being freed last week. “California is the only home I have ever known.”\u003c/p>\n\u003cp>A bill in the state Legislature, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">The VISION Act\u003c/a>, would prohibit any state or local agency from aiding in immigration enforcement, including arrests, detentions and deportations. Courts also would be barred from using immigration status as a factor in denying probation. Prasad said the legislation would protect other firefighters and people like Saelee and Keola. “We need to stop this policy of reporting everyone to ICE using our California prison system,” he said.\u003c/p>\n\u003cp>The California Constitution gives the governor authority to grant clemency. A commutation reduces the length of a prison sentence. A pardon would effectively do the same, but it also restores certain civil rights for people who have already completed their sentences.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story includes additional reporting from KQED’s Natalia Navarro and The Associated Press.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"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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"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.",
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"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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"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?",
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"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.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"radiolab": {
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},
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"tagline": "Art is where you find it",
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"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
"info": "Sold Out: Rethinking Housing in America",
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