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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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"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": "\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",
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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>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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"headline": "Newsom Pardons Formerly Incarcerated Firefighters",
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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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"title": "State Legislatures Weigh Bills to Close Private Prisons as Opposition to Immigration Jails Grows",
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"content": "\u003cp>A dozen Central Americans in T-shirts that read \u003cem>Mujeres Luchadores \u003c/em>— Fighting Women — marched through a small Texas town last month toward the gates of an imposing private detention center where they all used to be incarcerated.\u003c/p>\n\u003cp>“Biden, hear us! Shut down Hutto!” they chanted.\u003c/p>\n\u003cp>They’re referring to T. Don Hutto Residential Center, the former state prison in Taylor — just northeast of Austin — named after the founder of the private prison company that holds the contract with U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“These corporations are profiting off of our suffering,” former Guatemalan detainee Sulma Franco says into a bullhorn. “We want all the cages shut down now!”\u003c/p>\n\u003cp>Demonstrations like this are part of a growing grassroots resistance to privately run immigrant jails across the country.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"https://immigrantjustice.org/sites/default/files/content-type/research-item/documents/2020-04/Justice-Free%20Zones_Immigrant_Detention_Report_ACLU-HRW-NIJC_April-2020.pdf\">The Trump administration dramatically expanded the detention network\u003c/a> — often over local objections — and private prison companies were riding high. Under Trump, ICE detained a record 56,000 migrants, asserting they had to be locked up or they would abscond once they lost their immigration cases.\u003c/p>\n\u003cp>But the political winds have shifted. These days, privately run immigrant jails are facing mounting public opposition, state legislatures are considering measures to shut them down, and the prison industry has fallen out of favor with the new administration in Washington, D.C.\u003c/p>\n\u003ch3>\u003cstrong>Phasing out private prisons\u003c/strong>\u003c/h3>\n\u003cp>President Biden has instructed the Justice Department to phase out private prisons that incarcerate federal offenders, ordered ICE to arrest fewer immigrants and signaled an interest in alternatives to immigrant detention.\u003c/p>\n\u003cp>Opponents to detention for profit believe migrants who have committed no crime and who came to the U.S. seeking asylum should not be incarcerated while their cases are pending.\u003c/p>\n\u003cp>Critics also say private operators prioritize profits over the well-being of detainees. Former President Donald Trump’s separation of families, which led to mothers being locked up in facilities like Hutto, further inflamed opponents.\u003c/p>\n\u003cp>Meanwhile, major banks have stopped lending to the two publicly traded prison companies, \u003ca href=\"https://www.corecivic.com/\" target=\"_blank\" rel=\"noopener noreferrer\">CoreCivic\u003c/a> and \u003ca href=\"https://www.geogroup.com/\" target=\"_blank\" rel=\"noopener noreferrer\">GEO Group\u003c/a>. And last month, Wall Street further lowered their bond ratings, citing large debt repayments and hostile operating conditions under the new Biden administration. [pullquote size=\"medium\" align=\"right\" citation=\"Mark Fleming, National Immigrant Justice Center\"]‘The private prison companies are certainly facing some headwinds here. They are definitely increasingly unpopular in the public sphere.’[/pullquote]\u003c/p>\n\u003cp>To try to counter the souring public mood, the four largest prison companies, including GEO and CoreCivic, formed a trade group called \u003ca href=\"https://day1alliance.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Day 1 Alliance\u003c/a>.\u003c/p>\n\u003cp>“There’s been a multitude of misinformation out there, and so I really wouldn’t look to public sentiment for that because there are so many mistruths out there about the industry,” says Alexandra Wilkes, national spokeswoman for the alliance.\u003c/p>\n\u003cp>But Mark Fleming, associate director of litigation at the National Immigrant Justice Center, which works against the industry, says: “The private prison companies are certainly facing some headwinds here. They are definitely increasingly unpopular in the public sphere.”\u003c/p>\n\u003ch3>\u003cstrong>Finding ways to keep doing business\u003c/strong>\u003c/h3>\n\u003cp>Hutto, which opened in 2006, was troubled from the beginning. There was a successful ACLU lawsuit over substandard living conditions, and later, allegations of sexual assaults.\u003c/p>\n\u003cp>In Taylor, as in many places that have private prisons, the locality acts as a middleman between ICE and the detention company, so there is a forum for public complaints.\u003c/p>\n\u003cp>In Williamson County, where Taylor is located, immigrant advocates asked the commissioners to sever the contract with Hutto. And in 2018, they got their way when the commissioners voted to wind down the contract.\u003c/p>\n\u003cp>But the celebration was only temporary. Last year, ICE and CoreCivic — the company that runs Hutto — signed a 10-year contract that bypasses Williamson County and public opposition altogether. Hutto stayed open.\u003c/p>\n\u003cp>Prison companies “have found ways to keep doing business,” Fleming says. “They have proven over the years that they are resourceful and resilient.”\u003c/p>\n\u003cp>As elected bodies in prison towns are becoming more responsive to angry citizens, ICE has increasingly relied on this workaround — the agency contracts directly with a prison operator and avoids messy public meetings. ICE says it has to have a place to detain deportable immigrants, about one-third of whom have criminal charges.\u003c/p>\n\u003cp>The same thing happened on an even larger scale in California. Two weeks before a sweeping state law that would have phased out for-profit detention went into effect last year, ICE quietly \u003ca href=\"https://www.desertsun.com/story/news/2019/12/20/ice-signs-long-term-contracts-private-detention-centers-two-weeks-ahead-state-law/2713910001/\" target=\"_blank\" rel=\"noopener noreferrer\">signed long-term contracts \u003c/a>with three companies to keep their facilities open.\u003c/p>\n\u003cp>ICE also tried this tactic in Ionia, Michigan, but now the outcome is uncertain.\u003c/p>\n\u003cp>In 2019, the agency announced its intention to open a 600-bed detention facility in that town between Grand Rapids and Lansing. \u003ca href=\"https://www.freep.com/story/news/local/michigan/2020/06/07/ice-proposes-new-immigration-prison-ionia-michigan/3123925001/\" target=\"_blank\" rel=\"noopener noreferrer\">But local opposition quickly formed\u003c/a>, the governor came out against it and even the all-GOP Ionia County Board of Commissioners gave it a thumbs down.\u003c/p>\n\u003cp>“We took that as really good news that the proposal was shut down so quickly,” says J.R. Martin, with No Detention Centers in Michigan. “We learned that pretty much as soon as that decision had been made, ICE was working on whatever they could do to go around it and to find some other way of establishing a new facility in that area.”\u003c/p>\n\u003cp>ICE sidestepped the naysayers and began the process to contract directly with a detention company to build a brand-new, 150,000-square-foot jail in Ionia.\u003c/p>\n\u003ch3>\u003cstrong>A lot has changed\u003c/strong>\u003c/h3>\n\u003cp>But since then, a lot has changed. The population of ICE detainees has plunged from a peak of more than 56,000 to about 15,000 today because of concerns over COVID-19 contagion in living quarters.\u003c/p>\n\u003cp>Ron Vitiello, acting ICE director for 10 months in 2018 and 2019, said there’s no longer a need to expand detention after the release of detainees because of the pandemic and because many migrants are still turned back at the border under a Trump-era health order. Vitiello also noted Democrats now control Congress.\u003c/p>\n\u003cp>“There’s no need for an increase in bed space. They don’t need more detention space for more adult immigrants who are getting expelled under Title 42,” he said. “Congress isn’t about to add money for ICE detention — not with this crowd. I just don’t see it.”\u003c/p>\n\u003cp>The contract in Ionia has apparently gone cold. A spokesman for Immigration Centers of America, the company interested in the Ionia contract, tells NPR that ICE has stopped moving forward with all three detention contracts the company was pursing — in Michigan, Illinois and Maryland.\u003c/p>\n\u003cp>ICE has confirmed that it \u003ca href=\"https://chicago.suntimes.com/2020/8/11/21364132/chicago-immigration-deportation-dwight-facility-contract\" target=\"_blank\" rel=\"noopener noreferrer\">dropped its plans to build a new detention facility near Chicago\u003c/a>.\u003c/p>\n\u003cp>This is happening at a time when hostility to for-profit immigrant jails is swelling. California, Illinois and Nevada have all taken steps to restrict the business of privately operated jails. Now, New Jersey, New Mexico, Washington state and Maryland \u003ca href=\"https://www.detentionwatchnetwork.org/pressroom/releases/2021/local-communities-advance-state-legislation-reduce-immigration-detention\" target=\"_blank\" rel=\"noopener noreferrer\">are considering doing the same.\u003c/a>\u003c/p>\n\u003cp>“More and more the movement has begun to see that shutting down immigration detention centers was a key part of stopping the deportation machine,” says Silky Shah, executive director of Detention Watch Network. [aside tag=\"ice, immigration\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>Asked about growing public and political opposition, an ICE spokesperson responded in an email that “cooperation by local officials and the community at large is an indispensable component of promoting public safety.”\u003c/p>\n\u003cp>As for the stalled contracts announced under Trump to expand the detention network, the spokesperson said: “ICE is continually reviewing its detention requirements and exploring options that will afford the agency the operational flexibility needed to house the full range of individuals that may be in the agency’s custody.”\u003c/p>\n\u003cp>Wilkes, the spokeswoman for the industry alliance, says that conditions inside contracted lockups are not as terrible as detainees say and that the facilities are cheaper than government-run jails.\u003c/p>\n\u003cp>“I would also challenge activists to come up with a solution other than contractor-operated facilities,” she says.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The industry depends on contracts with ICE, which \u003ca href=\"https://www.npr.org/2021/04/01/982815269/beyond-the-border-fewer-immigrants-being-locked-up-but-ice-still-pays-for-empty-\" target=\"_blank\" rel=\"noopener noreferrer\">guarantees it will pay for a minimum\u003c/a> of about 29,000 beds in the system regardless of how many detainees are filling them.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Immigrant+Detention+For+Profit+Faces+Resistance+After+Big+Expansion+Under+Trump&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A dozen Central Americans in T-shirts that read \u003cem>Mujeres Luchadores \u003c/em>— Fighting Women — marched through a small Texas town last month toward the gates of an imposing private detention center where they all used to be incarcerated.\u003c/p>\n\u003cp>“Biden, hear us! Shut down Hutto!” they chanted.\u003c/p>\n\u003cp>They’re referring to T. Don Hutto Residential Center, the former state prison in Taylor — just northeast of Austin — named after the founder of the private prison company that holds the contract with U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“These corporations are profiting off of our suffering,” former Guatemalan detainee Sulma Franco says into a bullhorn. “We want all the cages shut down now!”\u003c/p>\n\u003cp>Demonstrations like this are part of a growing grassroots resistance to privately run immigrant jails across the country.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://immigrantjustice.org/sites/default/files/content-type/research-item/documents/2020-04/Justice-Free%20Zones_Immigrant_Detention_Report_ACLU-HRW-NIJC_April-2020.pdf\">The Trump administration dramatically expanded the detention network\u003c/a> — often over local objections — and private prison companies were riding high. Under Trump, ICE detained a record 56,000 migrants, asserting they had to be locked up or they would abscond once they lost their immigration cases.\u003c/p>\n\u003cp>But the political winds have shifted. These days, privately run immigrant jails are facing mounting public opposition, state legislatures are considering measures to shut them down, and the prison industry has fallen out of favor with the new administration in Washington, D.C.\u003c/p>\n\u003ch3>\u003cstrong>Phasing out private prisons\u003c/strong>\u003c/h3>\n\u003cp>President Biden has instructed the Justice Department to phase out private prisons that incarcerate federal offenders, ordered ICE to arrest fewer immigrants and signaled an interest in alternatives to immigrant detention.\u003c/p>\n\u003cp>Opponents to detention for profit believe migrants who have committed no crime and who came to the U.S. seeking asylum should not be incarcerated while their cases are pending.\u003c/p>\n\u003cp>Critics also say private operators prioritize profits over the well-being of detainees. Former President Donald Trump’s separation of families, which led to mothers being locked up in facilities like Hutto, further inflamed opponents.\u003c/p>\n\u003cp>Meanwhile, major banks have stopped lending to the two publicly traded prison companies, \u003ca href=\"https://www.corecivic.com/\" target=\"_blank\" rel=\"noopener noreferrer\">CoreCivic\u003c/a> and \u003ca href=\"https://www.geogroup.com/\" target=\"_blank\" rel=\"noopener noreferrer\">GEO Group\u003c/a>. And last month, Wall Street further lowered their bond ratings, citing large debt repayments and hostile operating conditions under the new Biden administration. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>To try to counter the souring public mood, the four largest prison companies, including GEO and CoreCivic, formed a trade group called \u003ca href=\"https://day1alliance.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Day 1 Alliance\u003c/a>.\u003c/p>\n\u003cp>“There’s been a multitude of misinformation out there, and so I really wouldn’t look to public sentiment for that because there are so many mistruths out there about the industry,” says Alexandra Wilkes, national spokeswoman for the alliance.\u003c/p>\n\u003cp>But Mark Fleming, associate director of litigation at the National Immigrant Justice Center, which works against the industry, says: “The private prison companies are certainly facing some headwinds here. They are definitely increasingly unpopular in the public sphere.”\u003c/p>\n\u003ch3>\u003cstrong>Finding ways to keep doing business\u003c/strong>\u003c/h3>\n\u003cp>Hutto, which opened in 2006, was troubled from the beginning. There was a successful ACLU lawsuit over substandard living conditions, and later, allegations of sexual assaults.\u003c/p>\n\u003cp>In Taylor, as in many places that have private prisons, the locality acts as a middleman between ICE and the detention company, so there is a forum for public complaints.\u003c/p>\n\u003cp>In Williamson County, where Taylor is located, immigrant advocates asked the commissioners to sever the contract with Hutto. And in 2018, they got their way when the commissioners voted to wind down the contract.\u003c/p>\n\u003cp>But the celebration was only temporary. Last year, ICE and CoreCivic — the company that runs Hutto — signed a 10-year contract that bypasses Williamson County and public opposition altogether. Hutto stayed open.\u003c/p>\n\u003cp>Prison companies “have found ways to keep doing business,” Fleming says. “They have proven over the years that they are resourceful and resilient.”\u003c/p>\n\u003cp>As elected bodies in prison towns are becoming more responsive to angry citizens, ICE has increasingly relied on this workaround — the agency contracts directly with a prison operator and avoids messy public meetings. ICE says it has to have a place to detain deportable immigrants, about one-third of whom have criminal charges.\u003c/p>\n\u003cp>The same thing happened on an even larger scale in California. Two weeks before a sweeping state law that would have phased out for-profit detention went into effect last year, ICE quietly \u003ca href=\"https://www.desertsun.com/story/news/2019/12/20/ice-signs-long-term-contracts-private-detention-centers-two-weeks-ahead-state-law/2713910001/\" target=\"_blank\" rel=\"noopener noreferrer\">signed long-term contracts \u003c/a>with three companies to keep their facilities open.\u003c/p>\n\u003cp>ICE also tried this tactic in Ionia, Michigan, but now the outcome is uncertain.\u003c/p>\n\u003cp>In 2019, the agency announced its intention to open a 600-bed detention facility in that town between Grand Rapids and Lansing. \u003ca href=\"https://www.freep.com/story/news/local/michigan/2020/06/07/ice-proposes-new-immigration-prison-ionia-michigan/3123925001/\" target=\"_blank\" rel=\"noopener noreferrer\">But local opposition quickly formed\u003c/a>, the governor came out against it and even the all-GOP Ionia County Board of Commissioners gave it a thumbs down.\u003c/p>\n\u003cp>“We took that as really good news that the proposal was shut down so quickly,” says J.R. Martin, with No Detention Centers in Michigan. “We learned that pretty much as soon as that decision had been made, ICE was working on whatever they could do to go around it and to find some other way of establishing a new facility in that area.”\u003c/p>\n\u003cp>ICE sidestepped the naysayers and began the process to contract directly with a detention company to build a brand-new, 150,000-square-foot jail in Ionia.\u003c/p>\n\u003ch3>\u003cstrong>A lot has changed\u003c/strong>\u003c/h3>\n\u003cp>But since then, a lot has changed. The population of ICE detainees has plunged from a peak of more than 56,000 to about 15,000 today because of concerns over COVID-19 contagion in living quarters.\u003c/p>\n\u003cp>Ron Vitiello, acting ICE director for 10 months in 2018 and 2019, said there’s no longer a need to expand detention after the release of detainees because of the pandemic and because many migrants are still turned back at the border under a Trump-era health order. Vitiello also noted Democrats now control Congress.\u003c/p>\n\u003cp>“There’s no need for an increase in bed space. They don’t need more detention space for more adult immigrants who are getting expelled under Title 42,” he said. “Congress isn’t about to add money for ICE detention — not with this crowd. I just don’t see it.”\u003c/p>\n\u003cp>The contract in Ionia has apparently gone cold. A spokesman for Immigration Centers of America, the company interested in the Ionia contract, tells NPR that ICE has stopped moving forward with all three detention contracts the company was pursing — in Michigan, Illinois and Maryland.\u003c/p>\n\u003cp>ICE has confirmed that it \u003ca href=\"https://chicago.suntimes.com/2020/8/11/21364132/chicago-immigration-deportation-dwight-facility-contract\" target=\"_blank\" rel=\"noopener noreferrer\">dropped its plans to build a new detention facility near Chicago\u003c/a>.\u003c/p>\n\u003cp>This is happening at a time when hostility to for-profit immigrant jails is swelling. California, Illinois and Nevada have all taken steps to restrict the business of privately operated jails. Now, New Jersey, New Mexico, Washington state and Maryland \u003ca href=\"https://www.detentionwatchnetwork.org/pressroom/releases/2021/local-communities-advance-state-legislation-reduce-immigration-detention\" target=\"_blank\" rel=\"noopener noreferrer\">are considering doing the same.\u003c/a>\u003c/p>\n\u003cp>“More and more the movement has begun to see that shutting down immigration detention centers was a key part of stopping the deportation machine,” says Silky Shah, executive director of Detention Watch Network. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Asked about growing public and political opposition, an ICE spokesperson responded in an email that “cooperation by local officials and the community at large is an indispensable component of promoting public safety.”\u003c/p>\n\u003cp>As for the stalled contracts announced under Trump to expand the detention network, the spokesperson said: “ICE is continually reviewing its detention requirements and exploring options that will afford the agency the operational flexibility needed to house the full range of individuals that may be in the agency’s custody.”\u003c/p>\n\u003cp>Wilkes, the spokeswoman for the industry alliance, says that conditions inside contracted lockups are not as terrible as detainees say and that the facilities are cheaper than government-run jails.\u003c/p>\n\u003cp>“I would also challenge activists to come up with a solution other than contractor-operated facilities,” she says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The industry depends on contracts with ICE, which \u003ca href=\"https://www.npr.org/2021/04/01/982815269/beyond-the-border-fewer-immigrants-being-locked-up-but-ice-still-pays-for-empty-\" target=\"_blank\" rel=\"noopener noreferrer\">guarantees it will pay for a minimum\u003c/a> of about 29,000 beds in the system regardless of how many detainees are filling them.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Immigrant+Detention+For+Profit+Faces+Resistance+After+Big+Expansion+Under+Trump&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Immigrant advocates are pushing state officials to increase outreach at facilities where U.S. Immigration and Customs Enforcement detainees are being held, to combat distrust over the COVID-19 vaccine.\u003c/p>\n\u003cp>\"Immigrants inside were saying, 'Hey, they're offering us a vaccine, but we have no information. We have no idea what it's about, if there are any side effects,' \" said Edwin Carmona-Cruz, director of community engagement at the California Collaborative for Immigrant Justice, a coalition of pro-bono legal service providers that offer support to immigrants in detention facilities.\u003c/p>\n\u003cp>While federal, state and local officials have engaged in a public outreach campaign for months to ensure that residents are aware of the facts about the vaccine, advocates say similar efforts have not been made within detention facilities.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Joaquin Arambula, state Assemblymember, D-Fresno\"]'Individuals in detention harbor serious fears and mistrust towards detention operators, and as a result may not feel safe accepting vaccines from these operators.'[/pullquote]And even when information is provided by ICE — or the subcontractors that run their facilities — there is often widespread distrust. There have been \u003ca href=\"https://news.usc.edu/180906/covid-19-suicide-and-substandard-medical-care-driving-high-rate-of-death-among-ice-detainees/\">numerous reports\u003c/a> of the substandard health care provided at ICE facilities, and advocates say detainees may be skeptical of what immigration officials are telling them.\u003c/p>\n\u003cp>\"Individuals in detention harbor serious fears and mistrust toward detention operators, and as a result may not feel safe accepting vaccines from these operators,\" said state Assemblymember Joaquin Arambula, D-Fresno, at a press conference on Monday.\u003c/p>\n\u003cp>\"Given these serious challenges around trust towards detention operators, it is clear that the public health officials and the community can play a vital role with respect to how vaccinations and information are presented and shared with individuals inside these facilities.\"\u003c/p>\n\u003cp>Arambula has introduced \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB263\">Assembly Bill 263\u003c/a>, which would \"require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.\"\u003c/p>\n\u003cp>\"There is no trust — and there's mistrust — in both ICE and for-profit prison operators like GEO Group and Core Civic,\" Carmona-Cruz said. \"How are they going to believe that the information that they're giving to them is true when ... the medical care and medical negligence that happens in these facilities runs rampant.\"\u003c/p>\n\u003cp>[aside postID=\"news_11856995\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg\"]After hearing these concerns from detainees, Carmona-Cruz and others took on another approach. For three weeks, they've operated a hotline — staffed by health care professionals — that people in ICE detention could call to get any of their questions answered.\u003c/p>\n\u003cp>So far, the program has only been in place at a few facilities: the Yuba County Jail, Golden State Annex and the Mesa Verde ICE Processing Facility. But advocates say it's the state's responsibility to expand these efforts.\u003c/p>\n\u003cp>Dr. Daniel Turner-Lloveras, a physician at Harbor-UCLA Medical Center, is one of the health care providers who's been staffing these calls. He says a systematic approach is needed to address \"medical mistrust\" in detention facilities, since any infection hot spots will \"contribute to the spread of COVID-19.\"\u003c/p>\n\u003cp>\"We must try our best to counteract this misinformation by educating our patients in a way that they're going to understand, in a cultural and linguistically appropriate, patient-centered fashion,\" Turner-Lloveras said.\u003c/p>\n\u003cp>In a statement, a spokesperson for CoreCivic — which runs the Otay Mesa Detention Center in San Diego — said it has \"rigorously followed the guidance of local, state and federal health authorities, as well as our government partners.\"\u003c/p>\n\u003cp>The Management & Training Corporation, which operates the Imperial Regional Detention Facility in Calexico, said it is providing the vaccine to \"all detainees who have expressed their desire to be vaccinated,\" and is providing informational sessions and documents about the vaccine in English, Spanish and other languages.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jackie Gonzalez, policy director of Immigrant Defense Advocates\"]'Report after report came out that the federal government and the state government essentially played a game of hot potato.'[/pullquote]In a statement, ICE said it is \"firmly committed to the health and welfare of all those in its custody.\"\u003c/p>\n\u003cp>People in immigration detention facilities became eligible for the vaccine back in March. Advocates said there were \u003ca href=\"https://www.kqed.org/news/11857822/advocates-fear-immigrant-detainees-could-be-left-out-of-vaccination-plans\">months of back and forth\u003c/a> over who was responsible for providing the vaccine — the state or the federal government.\u003c/p>\n\u003cp>\"Report after report came out that the federal government and the state government essentially played a game of hot potato,\" said Jackie Gonzalez, policy director of Immigrant Defense Advocates.\u003c/p>\n\u003cp>This caused widespread concerns among advocates that detainees would be left out.\u003c/p>\n\u003cp>[aside tag=\"mesa-verde\" label=\"more coverage\"]Eventually, on March 11, \u003ca href=\"https://www.kqed.org/news/11864820/ice-detainees-in-california-now-eligible-for-covid-19-vaccine\">state officials opted to include the immigrant detention centers\u003c/a> in their March 15 rollout of the vaccine — since they are considered to be in high-risk congregate care facilities. This meant that the state would provide vaccine doses for detainees to county health departments, who would in turn provide them to detention centers to administer to the people held there.\u003c/p>\n\u003cp>Overall, Carmona-Cruz said, California should recognize that vaccinating people in detention will ultimately help the state achieve its goals.\u003c/p>\n\u003cp>\"Immigrants in detention are also our neighbors, our friends, our family members, [they're] residents of the state. And they're also contributing to the success of how the state does. So we definitely need to consider and characterize it that way,\" he said.\u003c/p>\n\u003cp>As of April 12, 777 people in ICE detention in California have contracted the coronavirus since the pandemic started.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And even when information is provided by ICE — or the subcontractors that run their facilities — there is often widespread distrust. There have been \u003ca href=\"https://news.usc.edu/180906/covid-19-suicide-and-substandard-medical-care-driving-high-rate-of-death-among-ice-detainees/\">numerous reports\u003c/a> of the substandard health care provided at ICE facilities, and advocates say detainees may be skeptical of what immigration officials are telling them.\u003c/p>\n\u003cp>\"Individuals in detention harbor serious fears and mistrust toward detention operators, and as a result may not feel safe accepting vaccines from these operators,\" said state Assemblymember Joaquin Arambula, D-Fresno, at a press conference on Monday.\u003c/p>\n\u003cp>\"Given these serious challenges around trust towards detention operators, it is clear that the public health officials and the community can play a vital role with respect to how vaccinations and information are presented and shared with individuals inside these facilities.\"\u003c/p>\n\u003cp>Arambula has introduced \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB263\">Assembly Bill 263\u003c/a>, which would \"require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.\"\u003c/p>\n\u003cp>\"There is no trust — and there's mistrust — in both ICE and for-profit prison operators like GEO Group and Core Civic,\" Carmona-Cruz said. \"How are they going to believe that the information that they're giving to them is true when ... the medical care and medical negligence that happens in these facilities runs rampant.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>After hearing these concerns from detainees, Carmona-Cruz and others took on another approach. For three weeks, they've operated a hotline — staffed by health care professionals — that people in ICE detention could call to get any of their questions answered.\u003c/p>\n\u003cp>So far, the program has only been in place at a few facilities: the Yuba County Jail, Golden State Annex and the Mesa Verde ICE Processing Facility. But advocates say it's the state's responsibility to expand these efforts.\u003c/p>\n\u003cp>Dr. Daniel Turner-Lloveras, a physician at Harbor-UCLA Medical Center, is one of the health care providers who's been staffing these calls. He says a systematic approach is needed to address \"medical mistrust\" in detention facilities, since any infection hot spots will \"contribute to the spread of COVID-19.\"\u003c/p>\n\u003cp>\"We must try our best to counteract this misinformation by educating our patients in a way that they're going to understand, in a cultural and linguistically appropriate, patient-centered fashion,\" Turner-Lloveras said.\u003c/p>\n\u003cp>In a statement, a spokesperson for CoreCivic — which runs the Otay Mesa Detention Center in San Diego — said it has \"rigorously followed the guidance of local, state and federal health authorities, as well as our government partners.\"\u003c/p>\n\u003cp>The Management & Training Corporation, which operates the Imperial Regional Detention Facility in Calexico, said it is providing the vaccine to \"all detainees who have expressed their desire to be vaccinated,\" and is providing informational sessions and documents about the vaccine in English, Spanish and other languages.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Eventually, on March 11, \u003ca href=\"https://www.kqed.org/news/11864820/ice-detainees-in-california-now-eligible-for-covid-19-vaccine\">state officials opted to include the immigrant detention centers\u003c/a> in their March 15 rollout of the vaccine — since they are considered to be in high-risk congregate care facilities. This meant that the state would provide vaccine doses for detainees to county health departments, who would in turn provide them to detention centers to administer to the people held there.\u003c/p>\n\u003cp>Overall, Carmona-Cruz said, California should recognize that vaccinating people in detention will ultimately help the state achieve its goals.\u003c/p>\n\u003cp>\"Immigrants in detention are also our neighbors, our friends, our family members, [they're] residents of the state. And they're also contributing to the success of how the state does. So we definitely need to consider and characterize it that way,\" he said.\u003c/p>\n\u003cp>As of April 12, 777 people in ICE detention in California have contracted the coronavirus since the pandemic started.\u003cbr>\n\u003c/p>\u003c/div>",
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"slug": "a-butterfly-with-my-wings-cut-off-a-transgender-asylum-seekers-quest-to-come-to-california",
"title": "‘A Butterfly With My Wings Cut Off’: A Transgender Asylum Seeker’s Quest to Come to California",
"publishDate": 1618011040,
"format": "audio",
"headTitle": "‘A Butterfly With My Wings Cut Off’: A Transgender Asylum Seeker’s Quest to Come to California | KQED",
"labelTerm": {
"term": 26731,
"site": "news"
},
"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/11852044/una-mariposa-con-las-alas-rotas-la-busqueda-de-una-solicitante-de-asilo-transgenera-para-llegar-a-california\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003cem>Since \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> first aired this documentary in December 2020, dozens of listeners reached out to help Luna Guzmán with messages of encouragement and support. In May, 2021, Luna was \u003ca href=\"https://www.kqed.org/news/11876583/living-my-dream-after-years-transgender-asylum-seeker-finally-makes-it-to-the-us\">finally able to make it to the US\u003c/a>, where she is now waiting for another chance to go before an immigration judge and ask for protection.\u003c/em>\u003c/p>\n\u003cp>[dropcap]W[/dropcap]hen she turned 15, like so many girls in her town in Guatemala, Luna Guzmán celebrated with a quinceañera.\u003c/p>\n\u003cp>“My friend lent me the dress because she saw the way I used to cry every time we passed the dress shop on the way to school, with all those beautiful dresses,” she said in Spanish. “I would just press my hand up against the glass and stare at them for a long time.”\u003c/p>\n\u003cp>The dress she borrowed was turquoise, with a long skirt. She took off her tennies, put on heels and a tiara, and danced with her friends.\u003c/p>\n\u003cp>There was a cake, bottles of champagne and chambelanes, boys who dressed up in suits to escort her into the secret party at a friend’s house. No one was there from Luna’s family, because they couldn’t fathom her as a transgender girl.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Luna Guzmán\"]‘The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad.’[/pullquote]Moments from that birthday party still linger in Luna’s memory as a time when she truly felt delight and freedom. It was something to be savored again and again as the next decade began to unfold, even as she put back on her soccer jerseys and tried to look like the boy she knew she wasn’t inside. Even as she dealt with brutal violence and decided to take a tremendous risk and leave everything behind in Guatemala to try to find a life in California. The memories were one place in the world where she could imagine being safe, being herself.\u003c/p>\n\u003cp>We first met Luna two years ago at a migrant shelter in Tijuana and have stayed in touch with her as she’s journeyed across the border, spent months in U.S. Immigration and Customs Enforcement detention, and sought shelter in Mexico. We’ve spent weeks frantically trying to reach her in an intensive care unit, after she left a voice message that she had been diagnosed with a severe case of COVID-19. “Thank you for telling my story,” she rasped through labored breaths, her voice barely recognizable. “If I die, I hope that one day people will remember something about me.”\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=8-aYksXNNUA\u003c/p>\n\u003ch3>\u003cstrong>‘Can’t You Change Your Son?’\u003c/strong>\u003c/h3>\n\u003cp>Luna grew up on the outskirts of a small city in Central Guatemala, in a house cobbled together from sticks and newspaper. Her mom sold french fries from a cart, and Luna helped care for her three siblings, including a brother with developmental disabilities. Her dad wasn’t part of her life.\u003c/p>\n\u003cp>She said she was a voracious reader, spending hours in the town library. At school she would play dress up with the other girls. Luna would transform into a butterfly, her wings made from pieces of cardboard she scavenged on the street.\u003c/p>\n\u003cp>“The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad,’ ” she recalled.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Luna said her mom defended her at first. When she came out as gay at age 14, her mom gave a toast with some agua de jamaica. But as Luna got older, she said her mom disapproved of the dresses and the heels. Her son, dressing like a woman? For her, that went against nature. So Luna put back on the soccer jerseys and shorts.\u003c/p>\n\u003cp>“The hurtful things she said to me, I understand them better now,” said Luna. “She just wanted to protect me.”\u003c/p>\n\u003cfigure id=\"attachment_11849344\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849344\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg\" alt=\"Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman.\" width=\"800\" height=\"613\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1020x781.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-160x123.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1536x1177.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2.jpg 1856w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2007\u003c/strong>\u003c/p>\n\u003cp>When Luna was 13, just on the cusp of adolescence, she said she was raped by an older man who was a neighbor.\u003c/p>\n\u003cp>“I would ask, why me? Tell me — if anyone is up there — explain it to me,” she sighed. “I still haven’t gotten an answer to this day.”\u003c/p>\n\u003cp>Soon after, Luna said she was trafficked into prostitution. Some powerful men in her town forced her into a trafficking ring. The clients? Older men who would pay hundreds of U.S. dollars to sleep with young boys and transgender girls.\u003c/p>\n\u003cp>\u003ca href=\"https://www.reuters.com/article/us-guatemala-humantrafficking/guatemala-closes-its-eyes-to-rampant-child-sex-trafficking-u-n-idUSKCN0YU29V\">Sex trafficking is rampant in Guatemala\u003c/a>, and the United Nations has denounced the shocking number of children forced into trafficking rings because of poverty.\u003c/p>\n\u003cp>But there was no one to help. The traffickers, Luna said, had connections with the police and top public officials in town. “If anyone tried to denounce them or file a complaint, they’d throw it in the trash,” she said.\u003c/p>\n\u003cp>Many of the kids trafficked in the ring, she said, were infected with sexually transmitted diseases. When she was 16, Luna said she found out she was HIV-positive. Harassment from people in town, who had already thrown rocks at her and told her to stay away from their children, intensified. Once, she remembered, some people beat her up so badly they broke her collarbone, telling her they wanted her to behave like a “real man.”\u003c/p>\n\u003cp>“My town is so small, there was no information about sexual orientation or HIV,” Luna said. “No information about anything. It’s so close-minded.”\u003c/p>\n\u003cp>When she turned 19, she said, she was still occasionally forced into sex work. But as she reached adulthood, she started to take some small steps to wrest back control of her life. She signed up for a training course to become a volunteer firefighter.\u003c/p>\n\u003cfigure id=\"attachment_11849342\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849342\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg\" alt=\"Luna Guzmán worked as a fire fighter in her home town. She said she left the department after experiencing harassment and homophobic threats.\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3.jpg 1500w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán worked as a firefighter in her hometown. She said she left the department after experiencing harassment and homophobic threats. \u003ccite>(Cortesía de Luna Guzmán )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>November 2014\u003c/strong>\u003c/p>\n\u003cp>Luna graduated from the firefighting program. She felt powerful rescuing people from car accidents and hosing down burning buildings.\u003c/p>\n\u003cp>But then, she said, the other firefighters found out she was HIV-positive, and began taunting her with homophobic slurs.\u003c/p>\n\u003cp>She dreamed about a way out and set her sights on California. She’d seen videos of San Francisco’s massive pride parade. She knew in California she couldn’t be fired or evicted for being transgender, would have the right to get an ID in the name she wants to use, and use the restroom that matches her gender identity. She also hoped it was a place where she could earn enough money to pay for her transition.\u003c/p>\n\u003cp>\u003cstrong>January 2017 \u003c/strong>\u003c/p>\n\u003cp>Luna left her family, the fire department, the neighbors, the pimps. She was 22 years old.\u003c/p>\n\u003cp>She leaped onto that famous train migrants call \u003ca href=\"https://www.npr.org/sections/parallels/2014/06/05/318905712/riding-the-beast-across-mexico-to-the-u-s-border\">La Bestia\u003c/a>, or “the beast,” which travels north from Mexico’s southern border. She didn’t wear dresses on the journey. As she’s done for most of her life, she kept her hair short and wore men’s T-shirts and shorts, for safety.\u003c/p>\n\u003cfigure id=\"attachment_11849343\" class=\"wp-caption alignnone\" style=\"max-width: 694px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11849343\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg\" alt=\"Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \" width=\"694\" height=\"390\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg 694w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2-160x90.jpg 160w\" sizes=\"auto, (max-width: 694px) 100vw, 694px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \u003ccite>(Cortesía de Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>\u003cstrong>Crossing the Border But Not Finding Safety \u003c/strong> \u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>August 2017\u003c/strong>\u003c/p>\n\u003cp>When Luna reached the U.S.-Mexico border crossing at Otay Mesa near San Diego, she told an officer she was running away from homophobic violence in Guatemala and was requesting asylum. But her hopes that she would feel protected as soon as she crossed into the U.S. vanished.\u003c/p>\n\u003cp>“They took me into some offices. About 30 minutes later, they arrested me. Put chains on my hands, my feet, my waist,” she recalled. “They treat you like a criminal, just for asking for help. It feels horrible, like you’re nothing.”\u003c/p>\n\u003cp>Border officials don’t decide on asylum requests — that happens later — but they are responsible for the transfer of detainees to ICE custody, where they’ll eventually speak with an asylum officer. However, border officials didn’t check the box on Luna’s intake form indicating that she identified as LGBT, nor the box indicating that she could be at increased risk of sexual abuse in detention.\u003c/p>\n\u003cfigure id=\"attachment_11846822\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846822\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png\" alt=\"U.S. Customs and Border Patrol “Detainee Assessment” form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \" width=\"800\" height=\"490\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-1020x624.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-160x98.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot.png 1428w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Customs and Border Protection ‘Detainee Assessment’ form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \u003ccite>(Solicitud de información bajo la Ley por la Libertad de la Información)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s where things started to go wrong for her. ICE eventually assigned Luna a bed in a crowded men’s unit at the Otay Mesa Detention Center.\u003c/p>\n\u003cp>Ten days after she arrived at the border asking for help, an asylum officer with U.S. Citizenship and Immigration Services conducted a “credible fear” interview. That’s when Luna told her she also dressed as a woman at times. The officer found her story credible.\u003c/p>\n\u003cp>A few weeks later, a transgender Latina organization based near Los Angeles called \u003ca href=\"https://www.facebook.com/LasCrisantemas/?ref=page_internal\">Las Crisantemas\u003c/a> sent a letter of support to the immigration court identifying Luna as a trans woman.\u003c/p>\n\u003cp>But Luna was never moved to a special detention unit for transgender women, despite the fact that in 2015 ICE had agreed to \u003ca href=\"https://www.ice.gov/news/releases/ice-issues-new-guidance-care-transgender-individuals-custody\">improve standards for transgender detainees\u003c/a>, including access to separate detention units away from the general population.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Luna Guzmán\"]‘They treat you like a criminal, just for asking for help. It feels horrible, like you’re nothing.’[/pullquote]\u003c/p>\n\u003cp>“They did not put her into the protective custody that is required by their own standards,” said Allegra Love, an attorney with the \u003ca href=\"http://www.santafedreamersproject.org/transdetention\">Santa Fe Dreamers Project\u003c/a>, which has represented hundreds of transgender women in detention over the last few years. She was never Luna’s lawyer, but we asked her to review Luna’s case after KQED sued ICE to obtain her immigration records.\u003c/p>\n\u003cp>“If someone expresses to them, ‘Hey, look, I am trans, I have gender dysphoria. I am not the gender you think I am,’ then the government has this responsibility acknowledged by their own hand to take that seriously and protect people from heightened danger,” said Love.\u003c/p>\n\u003cp>But Luna would spend months in the men’s unit before her asylum case could be fully heard — months when she said she was repeatedly harassed and belittled by the other detainees.\u003c/p>\n\u003cfigure id=\"attachment_11846829\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846829\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg\" alt=\"Layers of security fencing at Otay Mesa immigration Detention Facility just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Layers of security fencing at Otay Mesa Detention Center just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>Backlogged Immigration Court, Long Months in Detention\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>November 2017\u003c/strong>\u003c/p>\n\u003cp>Luna appeared before immigration Judge Olga Attia, appointed to the immigration court in 2017 by former Attorney General Jeff Sessions. Luna was assigned an interpreter, but no lawyer. If she had wanted one, she would have had to find and pay for one herself.\u003c/p>\n\u003cp>In the audio recordings of her hearings at the immigration court, Luna told the judge she was worried about being detained for so long.\u003c/p>\n\u003cp>“I don’t always get the medicine I need for my chronic condition [HIV],” she said.\u003c/p>\n\u003cp>“Unfortunately, I don’t have jurisdiction over such matters,” Attia told her. “You need to bring this to the attention of the detention officers.”\u003c/p>\n\u003cp>\u003cstrong>January 2018\u003c/strong>\u003c/p>\n\u003cp>Luna was in detention for five months before she was able to officially present her asylum application to Judge Attia. Then the judge informed her there were no available appointments to hear the merits of her case for another five months.\u003c/p>\n\u003cp>\u003cstrong>February 2018\u003c/strong>\u003c/p>\n\u003cp>After six months in detention, Luna was eligible to get out on bond. ICE attorneys didn’t object as she had no criminal history. The judge set the bond at $4,500, but like many asylum seekers, she had no way to pay that kind of money.\u003c/p>\n\u003cp>Luna pleaded with the judge. “It’s hurting me, psychologically,” she said. “I’ve never been locked up, your honor.”\u003c/p>\n\u003cp>\u003cstrong>March 2018\u003c/strong>\u003c/p>\n\u003cp>Unable to tolerate being in detention in a men’s unit any longer, Luna did something she never expected to do. She gave up on her asylum case and asked to be deported right away.\u003c/p>\n\u003cp>“It’s been eight months since I was detained at the detention center, your honor,” she said through an interpreter. “I feel alone. I don’t have the words to explain to you.”\u003c/p>\n\u003cp>Even as Attia accepted the withdrawal of Luna’s asylum application, it wasn’t clear that the judge understood that Luna was transgender. Even after the interpreter explained that Luna was referring to herself in the feminine pronoun, Attia kept calling Luna “sir.”\u003c/p>\n\u003cp>“I can only imagine the loss of hope that someone experiences when they’re fleeing a country where the reason their life is in danger is because their institutions refuse to acknowledge who they are,” said Love, the attorney who has represented dozens of transgender detainees from Central America. “Then to arrive with a hopeful feeling in a place where they think they are going to have a different treatment, and then to have law enforcement officers and judges — officers of the court — immediately reject them as well.”\u003c/p>\n\u003cp>Even if Luna had decided to stay in detention and pursue her asylum claim, the odds were against her, especially without a lawyer. During the last year of the Obama administration, 55% of all asylum applications were denied. Under the Trump administration, those numbers jumped to a record high of 72% in 2020, according to data from \u003ca href=\"https://trac.syr.edu/whatsnew/email.201028.html\">Syracuse University’s TRAC project\u003c/a>.\u003c/p>\n\u003cp>For asylum seekers from Guatemala, the rate is even higher: 85.8% of those applications are denied.\u003c/p>\n\u003cp>\u003cstrong>April 2018\u003c/strong>\u003c/p>\n\u003cp>On the plane ICE chartered to transport Luna and other detainees back to Guatemala, she recalled, she had a panic attack, shaking so badly she could barely walk onto the tarmac when she landed in Guatemala City.\u003c/p>\n\u003cp>She said she went to stay with her sister, who had married an evangelical Christian. After a few days, however, she said her sister gave her some money and asked her to leave.\u003c/p>\n\u003cp>“You don’t have a home with me as a sister,” Luna remembered her saying. “Only as a brother.”\u003c/p>\n\u003cp>\u003cstrong>November 2018\u003c/strong>\u003c/p>\n\u003cp>Luna had left Guatemala and had gradually made her way back to the U.S.-Mexico border, hoping to find her way to California again. We met Luna while she was staying at \u003ca href=\"https://www.facebook.com/CasadelMigranteTijuana/\">Casa del Migrante\u003c/a>, a migrant shelter in Tijuana.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Luna Guzmán\"]‘I am a transgender woman. I’m not going to live dressed as a boy my whole life. One day soon I want everyone who knows me to say, “Luna made it. She fought for her dreams and they came true.”‘[/pullquote]\u003c/p>\n\u003cp>She said she was trying to make it as a dishwasher in a restaurant where the owner kept making homophobic comments. She was also scrambling to find a clinic to get her HIV medication without a Mexican ID.\u003c/p>\n\u003cp>The soles of her tennis shoes were wearing thin, and she was wearing a soccer jersey, her hair buzzed short.\u003c/p>\n\u003cp>“I am a transgender woman. I’m not going to live dressed as a boy my whole life,” Luna told us. “One day soon I want everyone who knows me to say, ‘Luna made it. She fought for her dreams and they came true.’ ”\u003c/p>\n\u003cfigure id=\"attachment_11846832\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846832\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg\" alt=\"Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.”\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.” \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>January 2019\u003c/strong>\u003c/p>\n\u003cp>A month later, Luna messaged via WhatsApp to say she knew her dream of coming to California was probably over, because she had given up her asylum case the year before.\u003c/p>\n\u003cp>But then, a few weeks later, she sent a video of herself standing someplace windy, with the border wall far behind her.\u003c/p>\n\u003cp>“Look!” she exclaimed. “I crossed! I’ll see you in San Francisco, by the Golden Gate bridge, for a coffee.”\u003c/p>\n\u003cp>Then the WhatsApp feed went quiet for weeks.\u003c/p>\n\u003cp>\u003cstrong>February 2019\u003c/strong>\u003c/p>\n\u003cp>Finally, we got a collect call from Otay Mesa Detention Center. Over the scratchy phone line, Luna said she was in the same cell and the same bed where she had stayed the year before.\u003c/p>\n\u003cp>“I feel like a butterfly who’s had her wings cut off,” she said.\u003c/p>\n\u003ch3>\u003cstrong>‘I’ve Been a Prisoner in My Own Body, Now I’m a Prisoner Here’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 12, 2019\u003c/strong>\u003c/p>\n\u003cp>After Luna had been detained for about six weeks, ICE granted us permission to interview her in person at Otay Mesa.\u003c/p>\n\u003cp>We followed a guard to a waiting room with other families. A sign above one guard’s gray metal desk proclaimed “Hope is the anchor for the soul. Be grateful.”\u003c/p>\n\u003cp>When they called our names, we walked down past a heavy door, to where Luna sat in a tiny room. She wore blue crocs, brown socks and a blue uniform with “detainee” emblazoned on the back in white letters.\u003c/p>\n\u003cfigure id=\"attachment_11846827\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846827\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg\" alt=\"The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \u003ccite>(Erin Siegal McIntyre.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She looked gaunt and exhausted, but her eyes were still bright. Her hair was shorn super-short. She had to cut it all off after a bully hacked off a chunk of it with a razor, she said.\u003c/p>\n\u003cp>“He told me he couldn’t stand homosexuals and whipped out the razor,” she said. “He told me if I complained to the guards, it would be worse.”\u003c/p>\n\u003cp>Luna said that happened at the Metropolitan Correctional Facility, a federal jail in San Diego, where she had been held for about a week after Border Patrol agents picked her up. She was charged there with the federal crime of illegally reentering the U.S., after President Trump ramped up prosecutions under a “zero tolerance” policy.\u003c/p>\n\u003cp>But the sexual harassment at the ICE detention facility, she said, was even worse.\u003c/p>\n\u003cp>“Some people here, they touch your butt, your breasts, they look at you when you’re taking a shower,” she said. “They flash us. I don’t want to be here anymore. I know if I complain they won’t listen to me.”\u003c/p>\n\u003cp>Luna told us she couldn’t afford to buy shampoo or snacks from the detention center commissary. She said other inmates offered to buy them for her, in exchange for sexual favors.\u003c/p>\n\u003cp>“I’m not going to do something I don’t want to do for a cup of soup that costs 60 cents,” she said. “I’m not going to have sex with anyone here. There’s discrimination on the outside. But here, it’s a different world. It’s worse. … You have nowhere to go to get away from it. You’re trapped.”\u003c/p>\n\u003cp>A \u003ca href=\"https://www.americanprogress.org/issues/lgbtq-rights/news/2018/05/30/451294/ices-rejection-rules-placing-lgbt-immigrants-severe-risk-sexual-abuse/\">2018 study \u003c/a>found that LGBT immigrants are nearly 100 times more likely to be sexually harassed or assaulted in ICE detention.\u003c/p>\n\u003cp>“I’ve been a prisoner in my own body, I’m now a prisoner here,” Luna said.\u003c/p>\n\u003cp>She told us she didn’t want to cry in front of us. She wanted to be the strong person who had impressed us with her courage and tenacity when we met her in Tijuana four months earlier.\u003c/p>\n\u003cp>But after our interview, we peeked back through a window of the tiny room. Her head was on the table, and she was sobbing.\u003c/p>\n\u003cfigure id=\"attachment_11846828\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846828\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg\" alt=\"Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \u003ccite>(Erin Siegal McIntyre. )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Luna’s second stint in detention only lasted a couple months. ICE moved to deport her as soon as possible: She had re-entered the U.S. by climbing the border fence and violated the five-year bar on re-entry imposed on her when she was deported the first time. Now, she was barred from returning to the U.S. for 20 years.\u003c/p>\n\u003cp>This was her second time in detention, and she still had no lawyer. No one to tell her about an alternative to asylum — something called “\u003ca href=\"https://www.justia.com/lgbtq/immigration/transgender-rights/\">withholding of removal,\u003c/a>” which has allowed some transgender women from Central America to stay in the U.S.\u003c/p>\n\u003cp>“If she had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her,” said Love. “We might be talking about her now in 2020, enrolling in community college or, you know, getting her first apartment or, in fact, getting her legal permanent residence in the United States and having a green card. But instead, she was not provided with the due process that she was owed.”\u003c/p>\n\u003cp> \u003c/p>\n\u003ch3>\u003cstrong>‘It’s Not Safe For You To Stay in Guatemala’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 27, 2019\u003c/strong>\u003c/p>\n\u003cp>Luna was deported a second time to Guatemala City. KQED hired a film crew to meet her when she got off the plane.\u003c/p>\n\u003cp>She counted out four U.S. dollar bills from a plastic bag marked “personal property” — money she said she earned working in the laundry at the detention center. She brushed her hand over her face, as if to make it all go away.\u003c/p>\n\u003cp>Then she headed to \u003ca href=\"https://asociacionlambda.com/\">Asociación Lambda\u003c/a>, an LGBT organization in Guatemala City that helps deportees, but after hearing her story, an intake worker told Luna it was unsafe for her to stay in Guatemala.\u003c/p>\n\u003cp>“Your profile is very high risk,” he said.\u003c/p>\n\u003cp>He didn’t need to remind her about the \u003ca href=\"https://www.pri.org/stories/2020-02-13/ice-deported-trans-asylum-seeker-she-was-killed-el-salvador\">trans women who’ve been murdered\u003c/a> recently after being deported back to Central America. He also said he worried the traffickers from her hometown might have connections in Guatemala City and could track her down.\u003c/p>\n\u003cp>He arranged for a safe house in a secret location, but Luna decided to leave after just one night there. She refused to feel locked up again.\u003c/p>\n\u003cp>By now we’d been reporting on Luna’s story for five months. Some transgender California Report listeners in Modesto who heard one of the stories even reached out to her and sent her $80, money that helped her get out of Guatemala again and start another journey back to the border. They also put together a drag performance that they dedicated to her.\u003c/p>\n\u003cp>https://www.youtube.com/embed/XkR9vHtM9T8\u003c/p>\n\u003cp>\u003cstrong>April-July 2019\u003c/strong>\u003c/p>\n\u003cp>After a few more months, Luna found her way out of Guatemala and back to Mexico. She applied for a humanitarian visa to stay temporarily and found a job making tortillas in a restaurant in Tapachula. She met some new friends, other transgender migrants.\u003c/p>\n\u003cp>Soon, emboldened by her new friends, she decided to dress as a woman again, for dinner with them at a local cafe.\u003c/p>\n\u003cp>Then she called at 6 a.m. the next morning, crying. She said she had been raped by five armed men, who abducted her while she was waiting alone for a taxi after dinner. She said they beat her, kicking her in the kidneys, where she was recovering from a recent infection.\u003c/p>\n\u003cp>“Why is that every time I show the person I really am, does it go so wrong?” she sobbed. “Why is life so hard?”\u003c/p>\n\u003cp>She said she was too afraid to file a complaint with the Mexican police, that they would probably do nothing but laugh at her and say homophobic things. She sent me a Facebook post about the \u003ca href=\"https://www.diariodelsur.com.mx/local/gobierno-de-chiapas-complice-en-crimenes-de-odio-y-violencia-activistas-3949418.html\">death of a gay activist, Juan Ruiz Nicolas\u003c/a>, who was assassinated in Tapachula, the town where she was staying near the Guatemala border.\u003c/p>\n\u003cp>[pullquote size=\"small\" align=\"right\" citation=\"Allegra Love, attorney with Santa Fe Dreamers Project\"]‘If [Luna] had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her. We might be talking about her now in 2020, enrolling in community college … getting her first apartment or, in fact, getting her legal permanent residence in the United States.’[/pullquote]\u003c/p>\n\u003cp>Because she didn’t report the rape to anyone, it’s hard to confirm that Luna was assaulted. This is part of the paradox for asylum seekers. They’re expected to document and prove the horrible things that have happened to them, but all too often, the act of reporting these abuses could put them in more danger.\u003c/p>\n\u003cp>Of course, as journalists, we’ve done our best to vet her story. KQED even sued the Department of Homeland Security to obtain Luna’s records. But when it comes to what happened to Luna in Guatemala or Mexico, there’s no way to prove the trafficking and the violence. She’s been in transit so long, living on the street and in shelters, that she has little documentation of her life. Still, Luna’s story is consistent with what advocates and investigations into the treatment of transgender and \u003ca href=\"https://www.rollcall.com/2020/09/24/house-report-medical-neglect-falsified-records-harmed-detained-immigrants/\">HIV-positive immigration detainees\u003c/a> have found. Much of it is also echoed in her asylum application and in her health records.\u003c/p>\n\u003cp>Luna eventually received a temporary humanitarian visa and Mexican identification card, good for one year. The Mexican government sent her back to Tijuana, to a safe house for LGBT refugees called \u003ca href=\"https://casaarcoiris.org/en/\">Casa Arcoiris\u003c/a>, or rainbow house.\u003c/p>\n\u003cfigure id=\"attachment_11846833\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846833\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg\" alt=\"Luna Guzmán walks through Tijuana with friends from Casa Arco Iris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán walks through Tijuana with friends from Casa Arcoiris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2019\u003c/strong>\u003c/p>\n\u003cp>In October, we decided to visit her again in Tijuana to see how she was doing. But we couldn’t meet her at the safe house where she was staying, because they wanted to keep the location secret.\u003c/p>\n\u003cp>Instead, we met up with Luna and some of her new shelter-mates at a huge supermarket where they were shopping for dried beans, carrots and cabbage. They each took turns cooking a meal from their home country for the other residents.\u003c/p>\n\u003cp>One nonbinary friend from Honduras, who didn’t want to give their name for safety, said Luna is beloved in the house.\u003c/p>\n\u003cp>“Everybody loves her. She’s shared her history, so much we have in common,” they said. “We’ve become like family.”\u003c/p>\n\u003cp>That community, that stability, had changed things for Luna. She was wearing dresses and lipstick more often, laughing more with her new friends.\u003c/p>\n\u003cfigure id=\"attachment_11846825\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846825\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg\" alt=\"In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly.\" width=\"800\" height=\"632\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-1020x805.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-160x126.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych.jpg 1368w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly. \u003ccite>(Courtesy of Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But she got serious again when she took us to see the section of border fence where she crossed the last time she came to California. She pointed to squirrels and dragonflies flitting between the slats of the fence, between countries, without even knowing it.\u003c/p>\n\u003cp>“It’s only we humans that don’t have that freedom,” she said.\u003c/p>\n\u003cp>We asked what she thought about as she gazed through the bars of the fence to California.\u003c/p>\n\u003cp>“This wall kills your dreams. It takes away everything,” she said. “I told myself that when I climbed over this wall. I would leave my past behind. I would be reborn. That’s California, but I can’t get there. One day I will. It might be 2050, or 2100, but I will get there.”\u003c/p>\n\u003cfigure id=\"attachment_11846830\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846830\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg\" alt=\"Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>‘Thank You for Telling My Story’\u003c/h3>\n\u003cp>\u003cstrong>March 2020\u003c/strong>\u003c/p>\n\u003cp>When the COVID-19 outbreak arrived in Mexico, Luna left us a voicemail that she planned to shelter in place with a friend outside of Ensenada.\u003c/p>\n\u003cp>We talked about her relief that she was far away from the Otay Mesa Detention Center, which turned out to have one of the \u003ca href=\"https://www.kqed.org/news/11816707/man-dies-of-covid-19-in-san-diego-ice-detention-center-lawyers-say\">biggest outbreaks of COVID-19\u003c/a>. That, ironically, being deported may have saved her life.\u003c/p>\n\u003cp>On the other hand, if she had still been in detention, she might have been released to a sponsor in the U.S. — as some other transgender detainees have been — to avoid the risk of getting coronavirus.\u003c/p>\n\u003cp>But a month later, in April, Luna left a voice memo. Her breathing was so heavy and ragged it was hard to understand. She said she was in the ICU at the public hospital in Tijuana, sick with COVID-19. They were about to put her on a respirator.\u003c/p>\n\u003cp>“Thank you for everything,” she rasped. “For wanting to tell my story. Hopefully people will remember a little bit about me.”\u003c/p>\n\u003cp>Then, as has happened so many times over the last two years, the WhatsApp feed with Luna went quiet for weeks.\u003c/p>\n\u003cp>Finally, after several weeks in the hospital, Luna left another message from her hospital bed.\u003c/p>\n\u003cp>They had taken her off the ventilator.\u003c/p>\n\u003cp>“Oh God, I thought I was gonna die,” she breathed. “But nope, Luna, she’s still here, resisting everything. I’ve got a lot more life in me. A lot I still want to say.”\u003c/p>\n\u003cp>\u003cstrong>November 2020\u003c/strong>\u003c/p>\n\u003cp>Luna left us a voice message, saying the Mexican government just extended her humanitarian visa for another year. Still, it’s been difficult for her to work and pay her rent in Tijuana. She has lingering symptoms from COVID-19, including fatigue, difficulty breathing and sore vocal cords. Her immune system is also struggling to fight HIV. She’s worried her body isn’t strong enough to fight off another virus, so is staying at home as much as possible to avoid getting reinfected with COVID-19.\u003c/p>\n\u003cp>Luna also said she and other migrants are celebrating Joe Biden’s win and hoping that he will make good on his campaign pledge to “end President Trump’s detrimental asylum policies,” which included making it harder for LGBTQ migrants to seek protection.\u003c/p>\n\u003cp>Luna said she’s ready to try for asylum in the U.S. again if things change with the new administration.\u003c/p>\n\u003cp>“We’re warriors, and we’ve gotten through a lot of tough situations,” Luna said.\u003c/p>\n\u003cp>\u003cstrong>April 2021\u003c/strong>\u003c/p>\n\u003cp>Luna is still dealing with the after-effects of COVID-19. She gets out of breath easily and has to use an inhaler.\u003c/p>\n\u003cp>With the help of donations from listeners, she’s been able to find stable housing in Tijuana, where she’s working part time as a dishwasher. On April 8, Luna proudly graduated from a 12-week course in gardening, nutrition and cooking for migrants on the border.\u003c/p>\n\u003cp>https://twitter.com/Lareinaluna31/status/1380357337186140162?s=20\u003c/p>\n\u003cp>She’s sitting tight, waiting for a chance to work with an immigration lawyer to try to reopen her case. She said as more asylum seekers waiting at the border are getting a chance to present their claims, she’s hopeful the transgender migrants among them will find conditions in detention improved under the Biden administration.\u003c/p>\n\u003cp>\u003cstrong>May 2021\u003c/strong>\u003c/p>\n\u003cp>Luna calls and leaves a voice message, nearly shrieking with excitement. \u003c/p>\n\u003cp>“I am in the US! I am in San Diego. I was able to cross yesterday!”\u003c/p>\n\u003cp>This time, she had the help of an attorney, from the Oakland-based Transgender Law Center, who helped her with an application for humanitarian parole. And it was approved, allowing her to come into the United States while she waits for another chance to go in front of an immigration judge and ask for protection. \u003c/p>\n\u003cp>[aside postID=news_11876583 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/06/Luna-Times-Square-1-1020x876.jpg']The Queer Detainee Empowerment Project in New York City agreed to sponsor Luna. They are helping her with housing, medical care and finding a lawyer to represent her in immigration court. \u003c/p>\n\u003cp>They sent her a plane ticket for travel from San Diego to JFK – and she boarded a flight May 17 after quarantining at a hotel in San Diego and taking a COVID test. \u003c/p>\n\u003cp>When she arrived in New York, a volunteer took her to a shelter that houses transgender women in Jamaica, Queens. She’ll eventually be able to get her own apartment, through a program in New York City that guarantees housing for people living with HIV. With her humanitarian parole status, Luna is eligible for Medicaid in New York, which can help her get HIV meds, hormones or eventually, gender-affirming surgery. QDEP can help her with English-language classes and mental health services, too. \u003c/p>\n\u003cp>She’ll still have to present her case in front of an immigration judge in New York. But this time, she’ll have a lawyer to represent her. With the pandemic, the backlog of immigration cases could take many months – even years to resolve.\u003c/p>\n\u003cp>While Luna is waiting, she can start to live the life she’s dreamed about. She’s been sending us videos of her dancing to street musicians in Times Square, and wearing her new pink high tops to take the subway.\u003c/p>\n\u003cp>“I’m living my dream, right?” Luna said in a recent voice message. “I may not be in California, but I am in New York. I know the universe will bring good things, and I’m going to be OK.”\u003c/p>\n\u003cp>\u003cem>This story was originally published on Dec. 4, 2020 and last updated on June 4, 2021.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This project was supported by a grant from the \u003ca href=\"https://www.iwmf.org/\">International Women’s Media Foundation\u003c/a>. Their Reporting Grants for Women’s Stories Program is funded by the Secular Society. Luna Guzmán’s voice in English in the audio documentary was performed by pioneering transgender actress \u003ca href=\"https://www.imdb.com/name/nm10656367/\">Zoey Luna.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"title": "‘A Butterfly With My Wings Cut Off’: A Transgender Asylum Seeker’s Quest to Come to California | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11852044/una-mariposa-con-las-alas-rotas-la-busqueda-de-una-solicitante-de-asilo-transgenera-para-llegar-a-california\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003cem>Since \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> first aired this documentary in December 2020, dozens of listeners reached out to help Luna Guzmán with messages of encouragement and support. In May, 2021, Luna was \u003ca href=\"https://www.kqed.org/news/11876583/living-my-dream-after-years-transgender-asylum-seeker-finally-makes-it-to-the-us\">finally able to make it to the US\u003c/a>, where she is now waiting for another chance to go before an immigration judge and ask for protection.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">W\u003c/span>\u003c/p>\u003cp>hen she turned 15, like so many girls in her town in Guatemala, Luna Guzmán celebrated with a quinceañera.\u003c/p>\n\u003cp>“My friend lent me the dress because she saw the way I used to cry every time we passed the dress shop on the way to school, with all those beautiful dresses,” she said in Spanish. “I would just press my hand up against the glass and stare at them for a long time.”\u003c/p>\n\u003cp>The dress she borrowed was turquoise, with a long skirt. She took off her tennies, put on heels and a tiara, and danced with her friends.\u003c/p>\n\u003cp>There was a cake, bottles of champagne and chambelanes, boys who dressed up in suits to escort her into the secret party at a friend’s house. No one was there from Luna’s family, because they couldn’t fathom her as a transgender girl.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Moments from that birthday party still linger in Luna’s memory as a time when she truly felt delight and freedom. It was something to be savored again and again as the next decade began to unfold, even as she put back on her soccer jerseys and tried to look like the boy she knew she wasn’t inside. Even as she dealt with brutal violence and decided to take a tremendous risk and leave everything behind in Guatemala to try to find a life in California. The memories were one place in the world where she could imagine being safe, being herself.\u003c/p>\n\u003cp>We first met Luna two years ago at a migrant shelter in Tijuana and have stayed in touch with her as she’s journeyed across the border, spent months in U.S. Immigration and Customs Enforcement detention, and sought shelter in Mexico. We’ve spent weeks frantically trying to reach her in an intensive care unit, after she left a voice message that she had been diagnosed with a severe case of COVID-19. “Thank you for telling my story,” she rasped through labored breaths, her voice barely recognizable. “If I die, I hope that one day people will remember something about me.”\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/8-aYksXNNUA'\n title='//www.youtube.com/embed/8-aYksXNNUA'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003ch3>\u003cstrong>‘Can’t You Change Your Son?’\u003c/strong>\u003c/h3>\n\u003cp>Luna grew up on the outskirts of a small city in Central Guatemala, in a house cobbled together from sticks and newspaper. Her mom sold french fries from a cart, and Luna helped care for her three siblings, including a brother with developmental disabilities. Her dad wasn’t part of her life.\u003c/p>\n\u003cp>She said she was a voracious reader, spending hours in the town library. At school she would play dress up with the other girls. Luna would transform into a butterfly, her wings made from pieces of cardboard she scavenged on the street.\u003c/p>\n\u003cp>“The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad,’ ” she recalled.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Luna said her mom defended her at first. When she came out as gay at age 14, her mom gave a toast with some agua de jamaica. But as Luna got older, she said her mom disapproved of the dresses and the heels. Her son, dressing like a woman? For her, that went against nature. So Luna put back on the soccer jerseys and shorts.\u003c/p>\n\u003cp>“The hurtful things she said to me, I understand them better now,” said Luna. “She just wanted to protect me.”\u003c/p>\n\u003cfigure id=\"attachment_11849344\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849344\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg\" alt=\"Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman.\" width=\"800\" height=\"613\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1020x781.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-160x123.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1536x1177.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2.jpg 1856w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2007\u003c/strong>\u003c/p>\n\u003cp>When Luna was 13, just on the cusp of adolescence, she said she was raped by an older man who was a neighbor.\u003c/p>\n\u003cp>“I would ask, why me? Tell me — if anyone is up there — explain it to me,” she sighed. “I still haven’t gotten an answer to this day.”\u003c/p>\n\u003cp>Soon after, Luna said she was trafficked into prostitution. Some powerful men in her town forced her into a trafficking ring. The clients? Older men who would pay hundreds of U.S. dollars to sleep with young boys and transgender girls.\u003c/p>\n\u003cp>\u003ca href=\"https://www.reuters.com/article/us-guatemala-humantrafficking/guatemala-closes-its-eyes-to-rampant-child-sex-trafficking-u-n-idUSKCN0YU29V\">Sex trafficking is rampant in Guatemala\u003c/a>, and the United Nations has denounced the shocking number of children forced into trafficking rings because of poverty.\u003c/p>\n\u003cp>But there was no one to help. The traffickers, Luna said, had connections with the police and top public officials in town. “If anyone tried to denounce them or file a complaint, they’d throw it in the trash,” she said.\u003c/p>\n\u003cp>Many of the kids trafficked in the ring, she said, were infected with sexually transmitted diseases. When she was 16, Luna said she found out she was HIV-positive. Harassment from people in town, who had already thrown rocks at her and told her to stay away from their children, intensified. Once, she remembered, some people beat her up so badly they broke her collarbone, telling her they wanted her to behave like a “real man.”\u003c/p>\n\u003cp>“My town is so small, there was no information about sexual orientation or HIV,” Luna said. “No information about anything. It’s so close-minded.”\u003c/p>\n\u003cp>When she turned 19, she said, she was still occasionally forced into sex work. But as she reached adulthood, she started to take some small steps to wrest back control of her life. She signed up for a training course to become a volunteer firefighter.\u003c/p>\n\u003cfigure id=\"attachment_11849342\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849342\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg\" alt=\"Luna Guzmán worked as a fire fighter in her home town. She said she left the department after experiencing harassment and homophobic threats.\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3.jpg 1500w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán worked as a firefighter in her hometown. She said she left the department after experiencing harassment and homophobic threats. \u003ccite>(Cortesía de Luna Guzmán )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>November 2014\u003c/strong>\u003c/p>\n\u003cp>Luna graduated from the firefighting program. She felt powerful rescuing people from car accidents and hosing down burning buildings.\u003c/p>\n\u003cp>But then, she said, the other firefighters found out she was HIV-positive, and began taunting her with homophobic slurs.\u003c/p>\n\u003cp>She dreamed about a way out and set her sights on California. She’d seen videos of San Francisco’s massive pride parade. She knew in California she couldn’t be fired or evicted for being transgender, would have the right to get an ID in the name she wants to use, and use the restroom that matches her gender identity. She also hoped it was a place where she could earn enough money to pay for her transition.\u003c/p>\n\u003cp>\u003cstrong>January 2017 \u003c/strong>\u003c/p>\n\u003cp>Luna left her family, the fire department, the neighbors, the pimps. She was 22 years old.\u003c/p>\n\u003cp>She leaped onto that famous train migrants call \u003ca href=\"https://www.npr.org/sections/parallels/2014/06/05/318905712/riding-the-beast-across-mexico-to-the-u-s-border\">La Bestia\u003c/a>, or “the beast,” which travels north from Mexico’s southern border. She didn’t wear dresses on the journey. As she’s done for most of her life, she kept her hair short and wore men’s T-shirts and shorts, for safety.\u003c/p>\n\u003cfigure id=\"attachment_11849343\" class=\"wp-caption alignnone\" style=\"max-width: 694px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11849343\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg\" alt=\"Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \" width=\"694\" height=\"390\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg 694w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2-160x90.jpg 160w\" sizes=\"auto, (max-width: 694px) 100vw, 694px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \u003ccite>(Cortesía de Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>\u003cstrong>Crossing the Border But Not Finding Safety \u003c/strong> \u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>August 2017\u003c/strong>\u003c/p>\n\u003cp>When Luna reached the U.S.-Mexico border crossing at Otay Mesa near San Diego, she told an officer she was running away from homophobic violence in Guatemala and was requesting asylum. But her hopes that she would feel protected as soon as she crossed into the U.S. vanished.\u003c/p>\n\u003cp>“They took me into some offices. About 30 minutes later, they arrested me. Put chains on my hands, my feet, my waist,” she recalled. “They treat you like a criminal, just for asking for help. It feels horrible, like you’re nothing.”\u003c/p>\n\u003cp>Border officials don’t decide on asylum requests — that happens later — but they are responsible for the transfer of detainees to ICE custody, where they’ll eventually speak with an asylum officer. However, border officials didn’t check the box on Luna’s intake form indicating that she identified as LGBT, nor the box indicating that she could be at increased risk of sexual abuse in detention.\u003c/p>\n\u003cfigure id=\"attachment_11846822\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846822\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png\" alt=\"U.S. Customs and Border Patrol “Detainee Assessment” form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \" width=\"800\" height=\"490\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-1020x624.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-160x98.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot.png 1428w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Customs and Border Protection ‘Detainee Assessment’ form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \u003ccite>(Solicitud de información bajo la Ley por la Libertad de la Información)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s where things started to go wrong for her. ICE eventually assigned Luna a bed in a crowded men’s unit at the Otay Mesa Detention Center.\u003c/p>\n\u003cp>Ten days after she arrived at the border asking for help, an asylum officer with U.S. Citizenship and Immigration Services conducted a “credible fear” interview. That’s when Luna told her she also dressed as a woman at times. The officer found her story credible.\u003c/p>\n\u003cp>A few weeks later, a transgender Latina organization based near Los Angeles called \u003ca href=\"https://www.facebook.com/LasCrisantemas/?ref=page_internal\">Las Crisantemas\u003c/a> sent a letter of support to the immigration court identifying Luna as a trans woman.\u003c/p>\n\u003cp>But Luna was never moved to a special detention unit for transgender women, despite the fact that in 2015 ICE had agreed to \u003ca href=\"https://www.ice.gov/news/releases/ice-issues-new-guidance-care-transgender-individuals-custody\">improve standards for transgender detainees\u003c/a>, including access to separate detention units away from the general population.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“They did not put her into the protective custody that is required by their own standards,” said Allegra Love, an attorney with the \u003ca href=\"http://www.santafedreamersproject.org/transdetention\">Santa Fe Dreamers Project\u003c/a>, which has represented hundreds of transgender women in detention over the last few years. She was never Luna’s lawyer, but we asked her to review Luna’s case after KQED sued ICE to obtain her immigration records.\u003c/p>\n\u003cp>“If someone expresses to them, ‘Hey, look, I am trans, I have gender dysphoria. I am not the gender you think I am,’ then the government has this responsibility acknowledged by their own hand to take that seriously and protect people from heightened danger,” said Love.\u003c/p>\n\u003cp>But Luna would spend months in the men’s unit before her asylum case could be fully heard — months when she said she was repeatedly harassed and belittled by the other detainees.\u003c/p>\n\u003cfigure id=\"attachment_11846829\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846829\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg\" alt=\"Layers of security fencing at Otay Mesa immigration Detention Facility just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Layers of security fencing at Otay Mesa Detention Center just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>Backlogged Immigration Court, Long Months in Detention\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>November 2017\u003c/strong>\u003c/p>\n\u003cp>Luna appeared before immigration Judge Olga Attia, appointed to the immigration court in 2017 by former Attorney General Jeff Sessions. Luna was assigned an interpreter, but no lawyer. If she had wanted one, she would have had to find and pay for one herself.\u003c/p>\n\u003cp>In the audio recordings of her hearings at the immigration court, Luna told the judge she was worried about being detained for so long.\u003c/p>\n\u003cp>“I don’t always get the medicine I need for my chronic condition [HIV],” she said.\u003c/p>\n\u003cp>“Unfortunately, I don’t have jurisdiction over such matters,” Attia told her. “You need to bring this to the attention of the detention officers.”\u003c/p>\n\u003cp>\u003cstrong>January 2018\u003c/strong>\u003c/p>\n\u003cp>Luna was in detention for five months before she was able to officially present her asylum application to Judge Attia. Then the judge informed her there were no available appointments to hear the merits of her case for another five months.\u003c/p>\n\u003cp>\u003cstrong>February 2018\u003c/strong>\u003c/p>\n\u003cp>After six months in detention, Luna was eligible to get out on bond. ICE attorneys didn’t object as she had no criminal history. The judge set the bond at $4,500, but like many asylum seekers, she had no way to pay that kind of money.\u003c/p>\n\u003cp>Luna pleaded with the judge. “It’s hurting me, psychologically,” she said. “I’ve never been locked up, your honor.”\u003c/p>\n\u003cp>\u003cstrong>March 2018\u003c/strong>\u003c/p>\n\u003cp>Unable to tolerate being in detention in a men’s unit any longer, Luna did something she never expected to do. She gave up on her asylum case and asked to be deported right away.\u003c/p>\n\u003cp>“It’s been eight months since I was detained at the detention center, your honor,” she said through an interpreter. “I feel alone. I don’t have the words to explain to you.”\u003c/p>\n\u003cp>Even as Attia accepted the withdrawal of Luna’s asylum application, it wasn’t clear that the judge understood that Luna was transgender. Even after the interpreter explained that Luna was referring to herself in the feminine pronoun, Attia kept calling Luna “sir.”\u003c/p>\n\u003cp>“I can only imagine the loss of hope that someone experiences when they’re fleeing a country where the reason their life is in danger is because their institutions refuse to acknowledge who they are,” said Love, the attorney who has represented dozens of transgender detainees from Central America. “Then to arrive with a hopeful feeling in a place where they think they are going to have a different treatment, and then to have law enforcement officers and judges — officers of the court — immediately reject them as well.”\u003c/p>\n\u003cp>Even if Luna had decided to stay in detention and pursue her asylum claim, the odds were against her, especially without a lawyer. During the last year of the Obama administration, 55% of all asylum applications were denied. Under the Trump administration, those numbers jumped to a record high of 72% in 2020, according to data from \u003ca href=\"https://trac.syr.edu/whatsnew/email.201028.html\">Syracuse University’s TRAC project\u003c/a>.\u003c/p>\n\u003cp>For asylum seekers from Guatemala, the rate is even higher: 85.8% of those applications are denied.\u003c/p>\n\u003cp>\u003cstrong>April 2018\u003c/strong>\u003c/p>\n\u003cp>On the plane ICE chartered to transport Luna and other detainees back to Guatemala, she recalled, she had a panic attack, shaking so badly she could barely walk onto the tarmac when she landed in Guatemala City.\u003c/p>\n\u003cp>She said she went to stay with her sister, who had married an evangelical Christian. After a few days, however, she said her sister gave her some money and asked her to leave.\u003c/p>\n\u003cp>“You don’t have a home with me as a sister,” Luna remembered her saying. “Only as a brother.”\u003c/p>\n\u003cp>\u003cstrong>November 2018\u003c/strong>\u003c/p>\n\u003cp>Luna had left Guatemala and had gradually made her way back to the U.S.-Mexico border, hoping to find her way to California again. We met Luna while she was staying at \u003ca href=\"https://www.facebook.com/CasadelMigranteTijuana/\">Casa del Migrante\u003c/a>, a migrant shelter in Tijuana.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘I am a transgender woman. I’m not going to live dressed as a boy my whole life. One day soon I want everyone who knows me to say, “Luna made it. She fought for her dreams and they came true.”‘",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She said she was trying to make it as a dishwasher in a restaurant where the owner kept making homophobic comments. She was also scrambling to find a clinic to get her HIV medication without a Mexican ID.\u003c/p>\n\u003cp>The soles of her tennis shoes were wearing thin, and she was wearing a soccer jersey, her hair buzzed short.\u003c/p>\n\u003cp>“I am a transgender woman. I’m not going to live dressed as a boy my whole life,” Luna told us. “One day soon I want everyone who knows me to say, ‘Luna made it. She fought for her dreams and they came true.’ ”\u003c/p>\n\u003cfigure id=\"attachment_11846832\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846832\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg\" alt=\"Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.”\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.” \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>January 2019\u003c/strong>\u003c/p>\n\u003cp>A month later, Luna messaged via WhatsApp to say she knew her dream of coming to California was probably over, because she had given up her asylum case the year before.\u003c/p>\n\u003cp>But then, a few weeks later, she sent a video of herself standing someplace windy, with the border wall far behind her.\u003c/p>\n\u003cp>“Look!” she exclaimed. “I crossed! I’ll see you in San Francisco, by the Golden Gate bridge, for a coffee.”\u003c/p>\n\u003cp>Then the WhatsApp feed went quiet for weeks.\u003c/p>\n\u003cp>\u003cstrong>February 2019\u003c/strong>\u003c/p>\n\u003cp>Finally, we got a collect call from Otay Mesa Detention Center. Over the scratchy phone line, Luna said she was in the same cell and the same bed where she had stayed the year before.\u003c/p>\n\u003cp>“I feel like a butterfly who’s had her wings cut off,” she said.\u003c/p>\n\u003ch3>\u003cstrong>‘I’ve Been a Prisoner in My Own Body, Now I’m a Prisoner Here’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 12, 2019\u003c/strong>\u003c/p>\n\u003cp>After Luna had been detained for about six weeks, ICE granted us permission to interview her in person at Otay Mesa.\u003c/p>\n\u003cp>We followed a guard to a waiting room with other families. A sign above one guard’s gray metal desk proclaimed “Hope is the anchor for the soul. Be grateful.”\u003c/p>\n\u003cp>When they called our names, we walked down past a heavy door, to where Luna sat in a tiny room. She wore blue crocs, brown socks and a blue uniform with “detainee” emblazoned on the back in white letters.\u003c/p>\n\u003cfigure id=\"attachment_11846827\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846827\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg\" alt=\"The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \u003ccite>(Erin Siegal McIntyre.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She looked gaunt and exhausted, but her eyes were still bright. Her hair was shorn super-short. She had to cut it all off after a bully hacked off a chunk of it with a razor, she said.\u003c/p>\n\u003cp>“He told me he couldn’t stand homosexuals and whipped out the razor,” she said. “He told me if I complained to the guards, it would be worse.”\u003c/p>\n\u003cp>Luna said that happened at the Metropolitan Correctional Facility, a federal jail in San Diego, where she had been held for about a week after Border Patrol agents picked her up. She was charged there with the federal crime of illegally reentering the U.S., after President Trump ramped up prosecutions under a “zero tolerance” policy.\u003c/p>\n\u003cp>But the sexual harassment at the ICE detention facility, she said, was even worse.\u003c/p>\n\u003cp>“Some people here, they touch your butt, your breasts, they look at you when you’re taking a shower,” she said. “They flash us. I don’t want to be here anymore. I know if I complain they won’t listen to me.”\u003c/p>\n\u003cp>Luna told us she couldn’t afford to buy shampoo or snacks from the detention center commissary. She said other inmates offered to buy them for her, in exchange for sexual favors.\u003c/p>\n\u003cp>“I’m not going to do something I don’t want to do for a cup of soup that costs 60 cents,” she said. “I’m not going to have sex with anyone here. There’s discrimination on the outside. But here, it’s a different world. It’s worse. … You have nowhere to go to get away from it. You’re trapped.”\u003c/p>\n\u003cp>A \u003ca href=\"https://www.americanprogress.org/issues/lgbtq-rights/news/2018/05/30/451294/ices-rejection-rules-placing-lgbt-immigrants-severe-risk-sexual-abuse/\">2018 study \u003c/a>found that LGBT immigrants are nearly 100 times more likely to be sexually harassed or assaulted in ICE detention.\u003c/p>\n\u003cp>“I’ve been a prisoner in my own body, I’m now a prisoner here,” Luna said.\u003c/p>\n\u003cp>She told us she didn’t want to cry in front of us. She wanted to be the strong person who had impressed us with her courage and tenacity when we met her in Tijuana four months earlier.\u003c/p>\n\u003cp>But after our interview, we peeked back through a window of the tiny room. Her head was on the table, and she was sobbing.\u003c/p>\n\u003cfigure id=\"attachment_11846828\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846828\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg\" alt=\"Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \u003ccite>(Erin Siegal McIntyre. )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Luna’s second stint in detention only lasted a couple months. ICE moved to deport her as soon as possible: She had re-entered the U.S. by climbing the border fence and violated the five-year bar on re-entry imposed on her when she was deported the first time. Now, she was barred from returning to the U.S. for 20 years.\u003c/p>\n\u003cp>This was her second time in detention, and she still had no lawyer. No one to tell her about an alternative to asylum — something called “\u003ca href=\"https://www.justia.com/lgbtq/immigration/transgender-rights/\">withholding of removal,\u003c/a>” which has allowed some transgender women from Central America to stay in the U.S.\u003c/p>\n\u003cp>“If she had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her,” said Love. “We might be talking about her now in 2020, enrolling in community college or, you know, getting her first apartment or, in fact, getting her legal permanent residence in the United States and having a green card. But instead, she was not provided with the due process that she was owed.”\u003c/p>\n\u003cp> \u003c/p>\n\u003ch3>\u003cstrong>‘It’s Not Safe For You To Stay in Guatemala’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 27, 2019\u003c/strong>\u003c/p>\n\u003cp>Luna was deported a second time to Guatemala City. KQED hired a film crew to meet her when she got off the plane.\u003c/p>\n\u003cp>She counted out four U.S. dollar bills from a plastic bag marked “personal property” — money she said she earned working in the laundry at the detention center. She brushed her hand over her face, as if to make it all go away.\u003c/p>\n\u003cp>Then she headed to \u003ca href=\"https://asociacionlambda.com/\">Asociación Lambda\u003c/a>, an LGBT organization in Guatemala City that helps deportees, but after hearing her story, an intake worker told Luna it was unsafe for her to stay in Guatemala.\u003c/p>\n\u003cp>“Your profile is very high risk,” he said.\u003c/p>\n\u003cp>He didn’t need to remind her about the \u003ca href=\"https://www.pri.org/stories/2020-02-13/ice-deported-trans-asylum-seeker-she-was-killed-el-salvador\">trans women who’ve been murdered\u003c/a> recently after being deported back to Central America. He also said he worried the traffickers from her hometown might have connections in Guatemala City and could track her down.\u003c/p>\n\u003cp>He arranged for a safe house in a secret location, but Luna decided to leave after just one night there. She refused to feel locked up again.\u003c/p>\n\u003cp>By now we’d been reporting on Luna’s story for five months. Some transgender California Report listeners in Modesto who heard one of the stories even reached out to her and sent her $80, money that helped her get out of Guatemala again and start another journey back to the border. They also put together a drag performance that they dedicated to her.\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/XkR9vHtM9T8'\n title='//www.youtube.com/embed/XkR9vHtM9T8'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\u003cstrong>April-July 2019\u003c/strong>\u003c/p>\n\u003cp>After a few more months, Luna found her way out of Guatemala and back to Mexico. She applied for a humanitarian visa to stay temporarily and found a job making tortillas in a restaurant in Tapachula. She met some new friends, other transgender migrants.\u003c/p>\n\u003cp>Soon, emboldened by her new friends, she decided to dress as a woman again, for dinner with them at a local cafe.\u003c/p>\n\u003cp>Then she called at 6 a.m. the next morning, crying. She said she had been raped by five armed men, who abducted her while she was waiting alone for a taxi after dinner. She said they beat her, kicking her in the kidneys, where she was recovering from a recent infection.\u003c/p>\n\u003cp>“Why is that every time I show the person I really am, does it go so wrong?” she sobbed. “Why is life so hard?”\u003c/p>\n\u003cp>She said she was too afraid to file a complaint with the Mexican police, that they would probably do nothing but laugh at her and say homophobic things. She sent me a Facebook post about the \u003ca href=\"https://www.diariodelsur.com.mx/local/gobierno-de-chiapas-complice-en-crimenes-de-odio-y-violencia-activistas-3949418.html\">death of a gay activist, Juan Ruiz Nicolas\u003c/a>, who was assassinated in Tapachula, the town where she was staying near the Guatemala border.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘If [Luna] had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her. We might be talking about her now in 2020, enrolling in community college … getting her first apartment or, in fact, getting her legal permanent residence in the United States.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Because she didn’t report the rape to anyone, it’s hard to confirm that Luna was assaulted. This is part of the paradox for asylum seekers. They’re expected to document and prove the horrible things that have happened to them, but all too often, the act of reporting these abuses could put them in more danger.\u003c/p>\n\u003cp>Of course, as journalists, we’ve done our best to vet her story. KQED even sued the Department of Homeland Security to obtain Luna’s records. But when it comes to what happened to Luna in Guatemala or Mexico, there’s no way to prove the trafficking and the violence. She’s been in transit so long, living on the street and in shelters, that she has little documentation of her life. Still, Luna’s story is consistent with what advocates and investigations into the treatment of transgender and \u003ca href=\"https://www.rollcall.com/2020/09/24/house-report-medical-neglect-falsified-records-harmed-detained-immigrants/\">HIV-positive immigration detainees\u003c/a> have found. Much of it is also echoed in her asylum application and in her health records.\u003c/p>\n\u003cp>Luna eventually received a temporary humanitarian visa and Mexican identification card, good for one year. The Mexican government sent her back to Tijuana, to a safe house for LGBT refugees called \u003ca href=\"https://casaarcoiris.org/en/\">Casa Arcoiris\u003c/a>, or rainbow house.\u003c/p>\n\u003cfigure id=\"attachment_11846833\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846833\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg\" alt=\"Luna Guzmán walks through Tijuana with friends from Casa Arco Iris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán walks through Tijuana with friends from Casa Arcoiris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2019\u003c/strong>\u003c/p>\n\u003cp>In October, we decided to visit her again in Tijuana to see how she was doing. But we couldn’t meet her at the safe house where she was staying, because they wanted to keep the location secret.\u003c/p>\n\u003cp>Instead, we met up with Luna and some of her new shelter-mates at a huge supermarket where they were shopping for dried beans, carrots and cabbage. They each took turns cooking a meal from their home country for the other residents.\u003c/p>\n\u003cp>One nonbinary friend from Honduras, who didn’t want to give their name for safety, said Luna is beloved in the house.\u003c/p>\n\u003cp>“Everybody loves her. She’s shared her history, so much we have in common,” they said. “We’ve become like family.”\u003c/p>\n\u003cp>That community, that stability, had changed things for Luna. She was wearing dresses and lipstick more often, laughing more with her new friends.\u003c/p>\n\u003cfigure id=\"attachment_11846825\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846825\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg\" alt=\"In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly.\" width=\"800\" height=\"632\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-1020x805.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-160x126.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych.jpg 1368w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly. \u003ccite>(Courtesy of Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But she got serious again when she took us to see the section of border fence where she crossed the last time she came to California. She pointed to squirrels and dragonflies flitting between the slats of the fence, between countries, without even knowing it.\u003c/p>\n\u003cp>“It’s only we humans that don’t have that freedom,” she said.\u003c/p>\n\u003cp>We asked what she thought about as she gazed through the bars of the fence to California.\u003c/p>\n\u003cp>“This wall kills your dreams. It takes away everything,” she said. “I told myself that when I climbed over this wall. I would leave my past behind. I would be reborn. That’s California, but I can’t get there. One day I will. It might be 2050, or 2100, but I will get there.”\u003c/p>\n\u003cfigure id=\"attachment_11846830\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846830\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg\" alt=\"Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>‘Thank You for Telling My Story’\u003c/h3>\n\u003cp>\u003cstrong>March 2020\u003c/strong>\u003c/p>\n\u003cp>When the COVID-19 outbreak arrived in Mexico, Luna left us a voicemail that she planned to shelter in place with a friend outside of Ensenada.\u003c/p>\n\u003cp>We talked about her relief that she was far away from the Otay Mesa Detention Center, which turned out to have one of the \u003ca href=\"https://www.kqed.org/news/11816707/man-dies-of-covid-19-in-san-diego-ice-detention-center-lawyers-say\">biggest outbreaks of COVID-19\u003c/a>. That, ironically, being deported may have saved her life.\u003c/p>\n\u003cp>On the other hand, if she had still been in detention, she might have been released to a sponsor in the U.S. — as some other transgender detainees have been — to avoid the risk of getting coronavirus.\u003c/p>\n\u003cp>But a month later, in April, Luna left a voice memo. Her breathing was so heavy and ragged it was hard to understand. She said she was in the ICU at the public hospital in Tijuana, sick with COVID-19. They were about to put her on a respirator.\u003c/p>\n\u003cp>“Thank you for everything,” she rasped. “For wanting to tell my story. Hopefully people will remember a little bit about me.”\u003c/p>\n\u003cp>Then, as has happened so many times over the last two years, the WhatsApp feed with Luna went quiet for weeks.\u003c/p>\n\u003cp>Finally, after several weeks in the hospital, Luna left another message from her hospital bed.\u003c/p>\n\u003cp>They had taken her off the ventilator.\u003c/p>\n\u003cp>“Oh God, I thought I was gonna die,” she breathed. “But nope, Luna, she’s still here, resisting everything. I’ve got a lot more life in me. A lot I still want to say.”\u003c/p>\n\u003cp>\u003cstrong>November 2020\u003c/strong>\u003c/p>\n\u003cp>Luna left us a voice message, saying the Mexican government just extended her humanitarian visa for another year. Still, it’s been difficult for her to work and pay her rent in Tijuana. She has lingering symptoms from COVID-19, including fatigue, difficulty breathing and sore vocal cords. Her immune system is also struggling to fight HIV. She’s worried her body isn’t strong enough to fight off another virus, so is staying at home as much as possible to avoid getting reinfected with COVID-19.\u003c/p>\n\u003cp>Luna also said she and other migrants are celebrating Joe Biden’s win and hoping that he will make good on his campaign pledge to “end President Trump’s detrimental asylum policies,” which included making it harder for LGBTQ migrants to seek protection.\u003c/p>\n\u003cp>Luna said she’s ready to try for asylum in the U.S. again if things change with the new administration.\u003c/p>\n\u003cp>“We’re warriors, and we’ve gotten through a lot of tough situations,” Luna said.\u003c/p>\n\u003cp>\u003cstrong>April 2021\u003c/strong>\u003c/p>\n\u003cp>Luna is still dealing with the after-effects of COVID-19. She gets out of breath easily and has to use an inhaler.\u003c/p>\n\u003cp>With the help of donations from listeners, she’s been able to find stable housing in Tijuana, where she’s working part time as a dishwasher. On April 8, Luna proudly graduated from a 12-week course in gardening, nutrition and cooking for migrants on the border.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>She’s sitting tight, waiting for a chance to work with an immigration lawyer to try to reopen her case. She said as more asylum seekers waiting at the border are getting a chance to present their claims, she’s hopeful the transgender migrants among them will find conditions in detention improved under the Biden administration.\u003c/p>\n\u003cp>\u003cstrong>May 2021\u003c/strong>\u003c/p>\n\u003cp>Luna calls and leaves a voice message, nearly shrieking with excitement. \u003c/p>\n\u003cp>“I am in the US! I am in San Diego. I was able to cross yesterday!”\u003c/p>\n\u003cp>This time, she had the help of an attorney, from the Oakland-based Transgender Law Center, who helped her with an application for humanitarian parole. And it was approved, allowing her to come into the United States while she waits for another chance to go in front of an immigration judge and ask for protection. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The Queer Detainee Empowerment Project in New York City agreed to sponsor Luna. They are helping her with housing, medical care and finding a lawyer to represent her in immigration court. \u003c/p>\n\u003cp>They sent her a plane ticket for travel from San Diego to JFK – and she boarded a flight May 17 after quarantining at a hotel in San Diego and taking a COVID test. \u003c/p>\n\u003cp>When she arrived in New York, a volunteer took her to a shelter that houses transgender women in Jamaica, Queens. She’ll eventually be able to get her own apartment, through a program in New York City that guarantees housing for people living with HIV. With her humanitarian parole status, Luna is eligible for Medicaid in New York, which can help her get HIV meds, hormones or eventually, gender-affirming surgery. QDEP can help her with English-language classes and mental health services, too. \u003c/p>\n\u003cp>She’ll still have to present her case in front of an immigration judge in New York. But this time, she’ll have a lawyer to represent her. With the pandemic, the backlog of immigration cases could take many months – even years to resolve.\u003c/p>\n\u003cp>While Luna is waiting, she can start to live the life she’s dreamed about. She’s been sending us videos of her dancing to street musicians in Times Square, and wearing her new pink high tops to take the subway.\u003c/p>\n\u003cp>“I’m living my dream, right?” Luna said in a recent voice message. “I may not be in California, but I am in New York. I know the universe will bring good things, and I’m going to be OK.”\u003c/p>\n\u003cp>\u003cem>This story was originally published on Dec. 4, 2020 and last updated on June 4, 2021.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This project was supported by a grant from the \u003ca href=\"https://www.iwmf.org/\">International Women’s Media Foundation\u003c/a>. Their Reporting Grants for Women’s Stories Program is funded by the Secular Society. Luna Guzmán’s voice in English in the audio documentary was performed by pioneering transgender actress \u003ca href=\"https://www.imdb.com/name/nm10656367/\">Zoey Luna.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Biden Administration on the Defensive Over Conditions at Border Detention Centers",
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"content": "\u003cp>U.S. Customs and Border Protection on Tuesday released photos and video of South Texas immigrant processing centers that have become a renewed focus of criticism for continued poor conditions despite President Biden's \u003ca href=\"https://www.npr.org/2020/09/14/912060869/biden-pledges-to-dismantle-trumps-sweeping-immigration-changes-but-can-he-do-tha\">promises to fix Trump-era problems\u003c/a>.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dvidshub.net/image/6566913/temporary-processing-facilities\">images appear\u003c/a> partly in response to photos released by Rep. Henry Cuellar and \u003ca href=\"https://www.axios.com/photos-overcrowded-border-patrol-migrant-tents-0525a96b-0dc8-473f-b59c-38b0b3e52760.html\">published by Axios\u003c/a> on Monday showing migrants crammed into \"pods\" divided only by plastic sheathing. Cuellar, a Democrat who represents the border town of Laredo, Texas, said he recently witnessed \"terrible conditions for the children\" at the Donna Processing Center.\u003c/p>\n\u003cfigure id=\"attachment_11866032\" class=\"wp-caption alignnone\" style=\"max-width: 1404px\">\u003cimg class=\"wp-image-11866032 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85.jpg\" alt=\"\" width=\"1404\" height=\"936\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85.jpg 1404w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85-160x107.jpg 160w\" sizes=\"(max-width: 1404px) 100vw, 1404px\">\u003cfigcaption class=\"wp-caption-text\">One of the photos released by Customs and Border Protection (CBP) shows detained families and unaccompanied children sit in areas divided by plastic sheathing at a temporary processing facility in Donna, Texas. \u003ccite>(Office of Congressman Henry Cuellar via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cuellar said the \"pods\" were meant to house 260 individuals, but that one of them held more than 400 unaccompanied male minors. He said the children needed to be quickly moved from the facility into the care of the Department of Health and Human Services.\u003c/p>\n\u003cp>\"We ought to take care of those kids like they're our own kids,\" he said.\u003c/p>\n\u003cp>The controversy comes barely two months into the Biden presidency, amid a surge in migrants coming to the U.S. from Central America that began late last year. The new administration says it sees ending a Trump-era policy of forcing migrants to remain in Mexico while their cases adjudicated as \"a moral imperative.\"\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\n\u003cp dir=\"ltr\" lang=\"en\">More has to be done to address this growing humanitarian crisis.\u003c/p>\n\u003cp>These migrant children need our help right now. Not later. \u003ca href=\"https://t.co/hbeLnfIxNF\">https://t.co/hbeLnfIxNF\u003c/a>\u003c/p>\n\u003cp>— Rep. Henry Cuellar (@RepCuellar) \u003ca href=\"https://twitter.com/RepCuellar/status/1374090306392580097?ref_src=twsrc%5Etfw\">March 22, 2021\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>Cuellar said one reason he released the photos was because the Biden administration had refused media access to the facility in Donna, Texas.\u003c/p>\n\u003cp>The new White House says the Trump administration handed it a crumbling immigration and asylum system.\u003c/p>\n\u003cfigure id=\"attachment_11866047\" class=\"wp-caption alignnone\" style=\"max-width: 1600px\">\u003cimg class=\"wp-image-11866047 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85.jpg\" alt=\"\" width=\"1600\" height=\"1066\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85.jpg 1600w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-1536x1023.jpg 1536w\" sizes=\"(max-width: 1600px) 100vw, 1600px\">\u003cfigcaption class=\"wp-caption-text\">Texas Rep. Henry Cuellar (D) released a series of photos this Monday that show migrant families and unaccompanied minors detained in a temporary overflow facility in Donna, Texas on March 20, 2021. Cuellar has said the some spaces were meant to house 260 individuals, but that one of them held more than 400 unaccompanied male minors. \u003ccite>(Courtesy of the Office of Congressman Henry Cuellar via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The images appear to show migrants undergoing processing and general living conditions, such as rows of migrants sleeping on mattresses on the ground, covered in silver emergency blankets. Other images show unaccompanied minors and families in line for processing or to receive meals.\u003c/p>\n\u003cp>In a brief statement accompanying their release, Customs and Border Protection said it \"continues to transfer unaccompanied minors to the U.S. Department of Health and Human Services (HHS) as quickly and efficiently as possible after they are apprehended on the Southwest Border.\"\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Sen. Chris Murphy, D-Connecticut\"]'The rise in children coming to the border has happened so quickly that it has been difficult to move them out of these detention facilities in under three days.'[/pullquote]In apparent response to journalists being denied access to the facilities, CBP said that in order \"to protect the health and safety of our workforce and those in our care we continue to discourage external visitors in our facilities.\"\u003c/p>\n\u003cp>Secretary of Homeland Security Alejandro Mayorkas, appearing on NBC's Meet the Press on Sunday, blamed COVID-19 for restricting access by the news media. \"Let's be clear here, we are in the midst of a pandemic,\" he said.\u003c/p>\n\u003cp>Last week, \u003ca href=\"https://www.npr.org/2021/03/18/979014713/hundreds-of-migrant-children-held-in-border-detention-for-more-than-10-days\">NPR reported\u003c/a> that a DHS document indicated more than 500 unaccompanied migrant children and teens had been held in detention centers for more than 10 days in violation of a policy that says they should be moved within 72 hours. \u003c/p>\n\u003cfigure id=\"attachment_11866049\" class=\"wp-caption alignnone\" style=\"max-width: 1599px\">\u003cimg class=\"size-full wp-image-11866049\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85.jpg\" alt=\"\" width=\"1599\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85.jpg 1599w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-1536x1025.jpg 1536w\" sizes=\"(max-width: 1599px) 100vw, 1599px\">\u003cfigcaption class=\"wp-caption-text\">Unaccompanied minors and families wait in line for processing at the temporary processing facilities in Donna, Texas on March 17, 2021. \u003ccite>(Jaime Rodriguez Sr/U.S. Customs and Border Protection)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Asked about the report, Connecticut Democratic Sen. Chris Murphy, \u003ca href=\"https://www.npr.org/2021/03/20/979491354/senators-visit-southern-border-amidst-increase-of-unaccompanied-minors\">speaking on NPR's Weekend Edition Saturday\u003c/a>, defended the administration's efforts to address the problems at facilities and to speed up the processing of minors.\u003c/p>\n\u003cp>\"The rise in children coming to the border has happened so quickly that it has been difficult to move them out of these detention facilities in under three days,\" said Murphy, who recently returned from a visit to the Southern border.\u003c/p>\n\u003cp>\"Right now, as we speak, they are building new capacity to help house these children and filling new slots in the HHS system,\" he added.\u003c/p>\n\u003cp>Murphy said that the Biden administration had \"inherited an absolute mess and wreck\" of an immigration system from the Trump administration.\u003c/p>\n\u003cp>Asked about conditions in the facilities, Murphy said they are \"better than what we saw in 2019.\"\u003c/p>\n\u003cfigure id=\"attachment_11866051\" class=\"wp-caption alignnone\" style=\"max-width: 1347px\">\u003cimg class=\"size-full wp-image-11866051\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85.jpg\" alt=\"\" width=\"1347\" height=\"899\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85.jpg 1347w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85-160x107.jpg 160w\" sizes=\"(max-width: 1347px) 100vw, 1347px\">\u003cfigcaption class=\"wp-caption-text\">Children and families arrive at a temporary processing facility in Donna, Texas, on March 17. \u003ccite>(Jaime Rodríguez Sr./U.S. Customs and Border Protection)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>[aside label ='Related Coverage' tag='immigration']\"These are not kids in so-called cages. They are not being separated from their family at the border,\" he said, acknowledging, \"But these are facilities that you wouldn't want your child in for more than 10 minutes. They are big rooms. Kids are sleeping on thin mattresses on the floor. They are sort of bunched about six inches to a foot from each other.\"\u003c/p>\n\u003cp>Republicans have been quick to blame Biden for the rise in migrants at the border, saying his promise to end Trump-era policies invited a massive influx.\u003c/p>\n\u003cp>After visiting the border earlier this month, Rep. John Katko, R-New York, the ranking member on the House Homeland Security Committee, \u003ca href=\"https://katko.house.gov/media-center/press-releases/katko-mccarthy-lead-delegation-southern-border\">said in a statement\u003c/a> that his experience as a federal prosecutor of organized crime taught him \"that the cartels know when to exploit the southern border, and they're doing it now masterfully. They're doing it because President Biden rolled back a lot of the orders of the previous administration that were working.\"\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Criticism of the Biden administration's immigration policy is growing louder as new images show the conditions of the processing centers migrant families and minors are kept in.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Customs and Border Protection on Tuesday released photos and video of South Texas immigrant processing centers that have become a renewed focus of criticism for continued poor conditions despite President Biden's \u003ca href=\"https://www.npr.org/2020/09/14/912060869/biden-pledges-to-dismantle-trumps-sweeping-immigration-changes-but-can-he-do-tha\">promises to fix Trump-era problems\u003c/a>.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dvidshub.net/image/6566913/temporary-processing-facilities\">images appear\u003c/a> partly in response to photos released by Rep. Henry Cuellar and \u003ca href=\"https://www.axios.com/photos-overcrowded-border-patrol-migrant-tents-0525a96b-0dc8-473f-b59c-38b0b3e52760.html\">published by Axios\u003c/a> on Monday showing migrants crammed into \"pods\" divided only by plastic sheathing. Cuellar, a Democrat who represents the border town of Laredo, Texas, said he recently witnessed \"terrible conditions for the children\" at the Donna Processing Center.\u003c/p>\n\u003cfigure id=\"attachment_11866032\" class=\"wp-caption alignnone\" style=\"max-width: 1404px\">\u003cimg class=\"wp-image-11866032 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85.jpg\" alt=\"\" width=\"1404\" height=\"936\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85.jpg 1404w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566898-edit_custom-f2755c4f91fdb7308eba9a226dae5f7f74331cd8-s1600-c85-160x107.jpg 160w\" sizes=\"(max-width: 1404px) 100vw, 1404px\">\u003cfigcaption class=\"wp-caption-text\">One of the photos released by Customs and Border Protection (CBP) shows detained families and unaccompanied children sit in areas divided by plastic sheathing at a temporary processing facility in Donna, Texas. \u003ccite>(Office of Congressman Henry Cuellar via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cuellar said the \"pods\" were meant to house 260 individuals, but that one of them held more than 400 unaccompanied male minors. He said the children needed to be quickly moved from the facility into the care of the Department of Health and Human Services.\u003c/p>\n\u003cp>\"We ought to take care of those kids like they're our own kids,\" he said.\u003c/p>\n\u003cp>The controversy comes barely two months into the Biden presidency, amid a surge in migrants coming to the U.S. from Central America that began late last year. The new administration says it sees ending a Trump-era policy of forcing migrants to remain in Mexico while their cases adjudicated as \"a moral imperative.\"\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\n\u003cp dir=\"ltr\" lang=\"en\">More has to be done to address this growing humanitarian crisis.\u003c/p>\n\u003cp>These migrant children need our help right now. Not later. \u003ca href=\"https://t.co/hbeLnfIxNF\">https://t.co/hbeLnfIxNF\u003c/a>\u003c/p>\n\u003cp>— Rep. Henry Cuellar (@RepCuellar) \u003ca href=\"https://twitter.com/RepCuellar/status/1374090306392580097?ref_src=twsrc%5Etfw\">March 22, 2021\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>Cuellar said one reason he released the photos was because the Biden administration had refused media access to the facility in Donna, Texas.\u003c/p>\n\u003cp>The new White House says the Trump administration handed it a crumbling immigration and asylum system.\u003c/p>\n\u003cfigure id=\"attachment_11866047\" class=\"wp-caption alignnone\" style=\"max-width: 1600px\">\u003cimg class=\"wp-image-11866047 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85.jpg\" alt=\"\" width=\"1600\" height=\"1066\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85.jpg 1600w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ap21081535252917-ae89aa29f0df959b069a3eadecd501bafb6b6007-s1600-c85-1536x1023.jpg 1536w\" sizes=\"(max-width: 1600px) 100vw, 1600px\">\u003cfigcaption class=\"wp-caption-text\">Texas Rep. Henry Cuellar (D) released a series of photos this Monday that show migrant families and unaccompanied minors detained in a temporary overflow facility in Donna, Texas on March 20, 2021. Cuellar has said the some spaces were meant to house 260 individuals, but that one of them held more than 400 unaccompanied male minors. \u003ccite>(Courtesy of the Office of Congressman Henry Cuellar via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The images appear to show migrants undergoing processing and general living conditions, such as rows of migrants sleeping on mattresses on the ground, covered in silver emergency blankets. Other images show unaccompanied minors and families in line for processing or to receive meals.\u003c/p>\n\u003cp>In a brief statement accompanying their release, Customs and Border Protection said it \"continues to transfer unaccompanied minors to the U.S. Department of Health and Human Services (HHS) as quickly and efficiently as possible after they are apprehended on the Southwest Border.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'The rise in children coming to the border has happened so quickly that it has been difficult to move them out of these detention facilities in under three days.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In apparent response to journalists being denied access to the facilities, CBP said that in order \"to protect the health and safety of our workforce and those in our care we continue to discourage external visitors in our facilities.\"\u003c/p>\n\u003cp>Secretary of Homeland Security Alejandro Mayorkas, appearing on NBC's Meet the Press on Sunday, blamed COVID-19 for restricting access by the news media. \"Let's be clear here, we are in the midst of a pandemic,\" he said.\u003c/p>\n\u003cp>Last week, \u003ca href=\"https://www.npr.org/2021/03/18/979014713/hundreds-of-migrant-children-held-in-border-detention-for-more-than-10-days\">NPR reported\u003c/a> that a DHS document indicated more than 500 unaccompanied migrant children and teens had been held in detention centers for more than 10 days in violation of a policy that says they should be moved within 72 hours. \u003c/p>\n\u003cfigure id=\"attachment_11866049\" class=\"wp-caption alignnone\" style=\"max-width: 1599px\">\u003cimg class=\"size-full wp-image-11866049\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85.jpg\" alt=\"\" width=\"1599\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85.jpg 1599w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566900-edit_custom-23e65f4c7da67889850a9eda3dee2fbb692b06da-s1600-c85-1536x1025.jpg 1536w\" sizes=\"(max-width: 1599px) 100vw, 1599px\">\u003cfigcaption class=\"wp-caption-text\">Unaccompanied minors and families wait in line for processing at the temporary processing facilities in Donna, Texas on March 17, 2021. \u003ccite>(Jaime Rodriguez Sr/U.S. Customs and Border Protection)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Asked about the report, Connecticut Democratic Sen. Chris Murphy, \u003ca href=\"https://www.npr.org/2021/03/20/979491354/senators-visit-southern-border-amidst-increase-of-unaccompanied-minors\">speaking on NPR's Weekend Edition Saturday\u003c/a>, defended the administration's efforts to address the problems at facilities and to speed up the processing of minors.\u003c/p>\n\u003cp>\"The rise in children coming to the border has happened so quickly that it has been difficult to move them out of these detention facilities in under three days,\" said Murphy, who recently returned from a visit to the Southern border.\u003c/p>\n\u003cp>\"Right now, as we speak, they are building new capacity to help house these children and filling new slots in the HHS system,\" he added.\u003c/p>\n\u003cp>Murphy said that the Biden administration had \"inherited an absolute mess and wreck\" of an immigration system from the Trump administration.\u003c/p>\n\u003cp>Asked about conditions in the facilities, Murphy said they are \"better than what we saw in 2019.\"\u003c/p>\n\u003cfigure id=\"attachment_11866051\" class=\"wp-caption alignnone\" style=\"max-width: 1347px\">\u003cimg class=\"size-full wp-image-11866051\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85.jpg\" alt=\"\" width=\"1347\" height=\"899\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85.jpg 1347w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/6566912-edit_wide-07ed586d2c56bce79b623b033676fa35bcaad59c-s1600-c85-160x107.jpg 160w\" sizes=\"(max-width: 1347px) 100vw, 1347px\">\u003cfigcaption class=\"wp-caption-text\">Children and families arrive at a temporary processing facility in Donna, Texas, on March 17. \u003ccite>(Jaime Rodríguez Sr./U.S. Customs and Border Protection)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\"These are not kids in so-called cages. They are not being separated from their family at the border,\" he said, acknowledging, \"But these are facilities that you wouldn't want your child in for more than 10 minutes. They are big rooms. Kids are sleeping on thin mattresses on the floor. They are sort of bunched about six inches to a foot from each other.\"\u003c/p>\n\u003cp>Republicans have been quick to blame Biden for the rise in migrants at the border, saying his promise to end Trump-era policies invited a massive influx.\u003c/p>\n\u003cp>After visiting the border earlier this month, Rep. John Katko, R-New York, the ranking member on the House Homeland Security Committee, \u003ca href=\"https://katko.house.gov/media-center/press-releases/katko-mccarthy-lead-delegation-southern-border\">said in a statement\u003c/a> that his experience as a federal prosecutor of organized crime taught him \"that the cartels know when to exploit the southern border, and they're doing it now masterfully. They're doing it because President Biden rolled back a lot of the orders of the previous administration that were working.\"\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cp>U.S. Immigration and Customs Enforcement detainees held in state facilities in California will be eligible to receive the COVID-19 vaccine starting Monday, according to state public health officials.\u003c/p>\n\u003cp>This comes months after federal authorities said the state \u003ca href=\"https://www.kqed.org/news/11857822/advocates-fear-immigrant-detainees-could-be-left-out-of-vaccination-plans\" target=\"_blank\" rel=\"noopener noreferrer\">is responsible\u003c/a> for allocating vaccines to immigrant detainees within its borders, prompting local advocates to \u003ca href=\"https://imadvocates.org/portfolio-item/covid-19-vaccines-in-immigrant-detention/\" target=\"_blank\" rel=\"noopener noreferrer\">push\u003c/a> California officials to clarify their plans.\u003c/p>\n\u003cp>Beginning Monday — March 15 — those who reside or work in congregate settings, where outbreak risk remains high, will be prioritized for the vaccine, including those who live in homeless shelters or are held in “incarceration/detention” facilities, according to an \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Provider-Bulletin-2-12-21.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">update\u003c/a> released by state health officials last week.\u003c/p>\n\u003cp>[aside tag=\"ice\" label=\"Related coverage\"]The California Department of Public Health confirmed to KQED that the vaccine eligibility expansion includes ICE detainees.\u003c/p>\n\u003cp>Advocates who campaigned since last winter for California officials to include detained immigrants in vaccination plans welcomed the change.\u003c/p>\n\u003cp>“We feel that this is a very long overdue inclusion of immigrants in detention in the state’s plan,” said Jackie Gonzalez, policy director for Immigrant Defense Advocates. “And what we would like to see is clear guidance for how local public health departments should roll out the vaccine.”\u003c/p>\n\u003cp>The coronavirus has swept through all seven detention centers in California, infecting more than 600 people held in the facilities since the pandemic began. More than a dozen detainees diagnosed with COVID-19 are currently in isolation or being monitored, according to ICE \u003ca href=\"https://www.ice.gov/coronavirus#detStat\" target=\"_blank\" rel=\"noopener noreferrer\">figures\u003c/a>.\u003c/p>\n\u003cp>The nationwide average daily population in detention centers has dropped dramatically from nearly 40,000 a year ago, to about \u003ca href=\"https://www.ice.gov/detain/detention-management\" target=\"_blank\" rel=\"noopener noreferrer\">14,000\u003c/a> last month. The decrease is due in part to Trump administration policies that essentially closed down the border to asylum seekers, as well as court orders forcing ICE to release detainees to allow for social distancing during the pandemic inside facilities.\u003c/p>\n\u003cp>ICE detention centers should work with local health jurisdictions to get allocations of doses and arrange vaccinations, said Dr. Mark Ghaly, secretary of the California Health and Human Services Agency, during a call with reporters last week. “The exact approach is going to be provider specific.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A limited number of detainees nationwide have begun to receive the COVID-19 vaccine, but that has depended largely on availability and the vaccination priorities of each state, ICE spokesman Jonathan Moor said.\u003c/p>\n\u003cp>Vaccines at detention facilities are administered by either the \u003ca href=\"https://www.ice.gov/detain/ice-health-service-corps\" target=\"_blank\" rel=\"noopener noreferrer\">ICE Health Services Corps\u003c/a>, contracted medical staff or “through other processes as defined by the state and/or local vaccination implementation plan,” Moor said in a statement.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jackie Gonzalez, policy director for Immigrant Defense Advocates\"]‘This is a very long overdue inclusion of immigrants in detention in the state’s plan.’[/pullquote]A spokesman for CoreCivic, the for-profit company that runs the \u003ca href=\"https://www.kqed.org/news/11816707/man-dies-of-covid-19-in-san-diego-ice-detention-center-lawyers-say\" target=\"_blank\" rel=\"noopener noreferrer\">Otay Mesa Detention Center\u003c/a> near San Diego, said the facility was working to provide the vaccine to detainees “as quickly as possible.”\u003c/p>\n\u003cp>“We’re following the plan and protocols established by the state of California and the San Diego Health Department health officials, for prioritizing recipients and administering the vaccine,” said Ryan Gustin, a spokesman with CoreCivic.\u003c/p>\n\u003cp>The GEO Group and Management & Training Corporation, the two other private companies that operate detention facilities in the state, declined to comment.\u003c/p>\n\u003cp>But immigrant advocates, including members of an advisory group tasked with helping California public health officials distribute the vaccine equitably, say local health departments or other trusted community medical providers should be the entities informing detainees and providing them with shots.\u003c/p>\n\u003cp>“We can’t expect folks that are detained to be receptive to getting the vaccine from the detention facility staff or from people associated with ICE,” said Kiran Savage-Sangwan, who directs the California Pan-Ethnic Health Network and also sits on CDPH’s \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Community-Vaccine-Advisory-Committee.aspx/\" target=\"_blank\" rel=\"noopener noreferrer\">Community Vaccine Advisory Committee\u003c/a>. “And that’s because of the really poor track record of medical care in these facilities.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Immigration and Customs Enforcement detainees held in state facilities in California will be eligible to receive the COVID-19 vaccine starting Monday, according to state public health officials.\u003c/p>\n\u003cp>This comes months after federal authorities said the state \u003ca href=\"https://www.kqed.org/news/11857822/advocates-fear-immigrant-detainees-could-be-left-out-of-vaccination-plans\" target=\"_blank\" rel=\"noopener noreferrer\">is responsible\u003c/a> for allocating vaccines to immigrant detainees within its borders, prompting local advocates to \u003ca href=\"https://imadvocates.org/portfolio-item/covid-19-vaccines-in-immigrant-detention/\" target=\"_blank\" rel=\"noopener noreferrer\">push\u003c/a> California officials to clarify their plans.\u003c/p>\n\u003cp>Beginning Monday — March 15 — those who reside or work in congregate settings, where outbreak risk remains high, will be prioritized for the vaccine, including those who live in homeless shelters or are held in “incarceration/detention” facilities, according to an \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Provider-Bulletin-2-12-21.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">update\u003c/a> released by state health officials last week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The California Department of Public Health confirmed to KQED that the vaccine eligibility expansion includes ICE detainees.\u003c/p>\n\u003cp>Advocates who campaigned since last winter for California officials to include detained immigrants in vaccination plans welcomed the change.\u003c/p>\n\u003cp>“We feel that this is a very long overdue inclusion of immigrants in detention in the state’s plan,” said Jackie Gonzalez, policy director for Immigrant Defense Advocates. “And what we would like to see is clear guidance for how local public health departments should roll out the vaccine.”\u003c/p>\n\u003cp>The coronavirus has swept through all seven detention centers in California, infecting more than 600 people held in the facilities since the pandemic began. More than a dozen detainees diagnosed with COVID-19 are currently in isolation or being monitored, according to ICE \u003ca href=\"https://www.ice.gov/coronavirus#detStat\" target=\"_blank\" rel=\"noopener noreferrer\">figures\u003c/a>.\u003c/p>\n\u003cp>The nationwide average daily population in detention centers has dropped dramatically from nearly 40,000 a year ago, to about \u003ca href=\"https://www.ice.gov/detain/detention-management\" target=\"_blank\" rel=\"noopener noreferrer\">14,000\u003c/a> last month. The decrease is due in part to Trump administration policies that essentially closed down the border to asylum seekers, as well as court orders forcing ICE to release detainees to allow for social distancing during the pandemic inside facilities.\u003c/p>\n\u003cp>ICE detention centers should work with local health jurisdictions to get allocations of doses and arrange vaccinations, said Dr. Mark Ghaly, secretary of the California Health and Human Services Agency, during a call with reporters last week. “The exact approach is going to be provider specific.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A limited number of detainees nationwide have begun to receive the COVID-19 vaccine, but that has depended largely on availability and the vaccination priorities of each state, ICE spokesman Jonathan Moor said.\u003c/p>\n\u003cp>Vaccines at detention facilities are administered by either the \u003ca href=\"https://www.ice.gov/detain/ice-health-service-corps\" target=\"_blank\" rel=\"noopener noreferrer\">ICE Health Services Corps\u003c/a>, contracted medical staff or “through other processes as defined by the state and/or local vaccination implementation plan,” Moor said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘This is a very long overdue inclusion of immigrants in detention in the state’s plan.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>A spokesman for CoreCivic, the for-profit company that runs the \u003ca href=\"https://www.kqed.org/news/11816707/man-dies-of-covid-19-in-san-diego-ice-detention-center-lawyers-say\" target=\"_blank\" rel=\"noopener noreferrer\">Otay Mesa Detention Center\u003c/a> near San Diego, said the facility was working to provide the vaccine to detainees “as quickly as possible.”\u003c/p>\n\u003cp>“We’re following the plan and protocols established by the state of California and the San Diego Health Department health officials, for prioritizing recipients and administering the vaccine,” said Ryan Gustin, a spokesman with CoreCivic.\u003c/p>\n\u003cp>The GEO Group and Management & Training Corporation, the two other private companies that operate detention facilities in the state, declined to comment.\u003c/p>\n\u003cp>But immigrant advocates, including members of an advisory group tasked with helping California public health officials distribute the vaccine equitably, say local health departments or other trusted community medical providers should be the entities informing detainees and providing them with shots.\u003c/p>\n\u003cp>“We can’t expect folks that are detained to be receptive to getting the vaccine from the detention facility staff or from people associated with ICE,” said Kiran Savage-Sangwan, who directs the California Pan-Ethnic Health Network and also sits on CDPH’s \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Community-Vaccine-Advisory-Committee.aspx/\" target=\"_blank\" rel=\"noopener noreferrer\">Community Vaccine Advisory Committee\u003c/a>. “And that’s because of the really poor track record of medical care in these facilities.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Immigrants who sued to be released from detention during the COVID-19 pandemic have won support from a federal appeals court in San Francisco. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed Thursday afternoon that conditions in two California facilities were so hazardous they likely violated the Constitution.\u003c/p>\n\u003cp>Last spring, \u003ca href=\"https://www.kqed.org/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding\">the detainees sued\u003c/a> U.S. Immigration and Customs Enforcement, saying the impossibility of social distancing and the lack of COVID-19 testing and measures like masks and disinfectant put them at risk of illness and death.\u003c/p>\n\u003cp>U.S. District Judge Vince Chhabria agreed, calling crowded conditions a “tinderbox” at the Yuba County Jail and the privately run Mesa Verde ICE Processing Facility in Bakersfield.\u003c/p>\n\u003cp>Chhabria issued a series of injunctions \u003ca href=\"https://www.kqed.org/news/11832472/people-are-terrified-sf-judge-orders-covid-19-testing-at-ice-facility\">to force ICE to improve\u003c/a> the conditions of confinement. And he reviewed scores of bail applications, eventually releasing more than 130 people from the two facilities.\u003c/p>\n\u003cp>The Trump administration and the private prison company GEO Group appealed, saying the judge lacked authority to remedy conditions or release detainees.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In an unpublished ruling Thursday, the 9th U.S. Circuit Court of Appeals disagreed, saying that Chhabria had acted properly and that the plaintiffs had shown they were likely to succeed in proving that detention conditions in April violated their right to due process under the Fifth Amendment to the U.S. Constitution.\u003c/p>\n\u003cp>Citing an earlier decision, the three judges – Marsha Berzon, Morgan Christen and Bridget Bade – wrote, “The Fifth Amendment requires the government to provide conditions of reasonable health and safety to people in its custody.”\u003c/p>\n\u003cp>Ultimately the Mesa Verde facility suffered an outbreak of COVID-19 in August, and the Yuba County Jail was hit by the virus in December. Almost 70 detained immigrants eventually contracted COVID-19 at the two facilities, \u003ca href=\"https://www.ice.gov/coronavirus#detStat\">according to ICE\u003c/a>. Those who got sick included \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\">one man who had participated in hunger strikes\u003c/a> to draw attention to COVID-19 risks at Yuba County Jail.\u003c/p>\n\u003cp>[aside postID=news_11856995 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg']Bree Bernwanger, a senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, argued the case. She said the 9th Circuit’s ruling is a reminder that ICE officials must prioritize the safety of people in their custody over the agency’s interest in detaining them.\u003c/p>\n\u003cp>“ICE violates the Constitution when it subjects people to an unreasonable risk of harm in detention,” she said. “And the risk of contracting COVID is a serious one that is constitutionally protected.”\u003c/p>\n\u003cp>Bernwanger also noted that ICE detention is a form of civil custody, meant to hold people facing possible deportation if they are a danger to the public or unlikely to appear in immigration court as scheduled.\u003c/p>\n\u003cp>She said the fact that those who were let free are back in their homes, safe from the pandemic, and with only rare allegations that any of them violated the court order for their release shows that ICE detention is largely unnecessary.\u003c/p>\n\u003cp>“ICE detention is a sham,” Bernwanger said. “It hasn’t been keeping anyone safer. It’s actually just been more dangerous to our communities.”\u003c/p>\n\u003cp>An ICE spokesman said the agency is currently reviewing the 9th Circuit’s decision and has no further comment because the matter is in litigation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 9th Circuit panel referred the case to a mediation program to work out next steps, noting that conditions in ICE detention have changed considerably in recent months, as the pandemic progressed and Chhabria ordered additional protections.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Bree Bernwanger, a senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, argued the case. She said the 9th Circuit’s ruling is a reminder that ICE officials must prioritize the safety of people in their custody over the agency’s interest in detaining them.\u003c/p>\n\u003cp>“ICE violates the Constitution when it subjects people to an unreasonable risk of harm in detention,” she said. “And the risk of contracting COVID is a serious one that is constitutionally protected.”\u003c/p>\n\u003cp>Bernwanger also noted that ICE detention is a form of civil custody, meant to hold people facing possible deportation if they are a danger to the public or unlikely to appear in immigration court as scheduled.\u003c/p>\n\u003cp>She said the fact that those who were let free are back in their homes, safe from the pandemic, and with only rare allegations that any of them violated the court order for their release shows that ICE detention is largely unnecessary.\u003c/p>\n\u003cp>“ICE detention is a sham,” Bernwanger said. “It hasn’t been keeping anyone safer. It’s actually just been more dangerous to our communities.”\u003c/p>\n\u003cp>An ICE spokesman said the agency is currently reviewing the 9th Circuit’s decision and has no further comment because the matter is in litigation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 9th Circuit panel referred the case to a mediation program to work out next steps, noting that conditions in ICE detention have changed considerably in recent months, as the pandemic progressed and Chhabria ordered additional protections.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
"airtime": "SUN 9pm-10pm",
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"meta": {
"site": "radio",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
"airtime": "THU 10pm, FRI 1am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.commonwealthclub.org/podcasts",
"meta": {
"site": "news",
"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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}
},
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"source": "kqed",
"order": 9
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"id": "freakonomics-radio",
"title": "Freakonomics Radio",
"info": "Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. It is produced in partnership with WNYC.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
"rss": "https://feeds.feedburner.com/freakonomicsradio"
}
},
"fresh-air": {
"id": "fresh-air",
"title": "Fresh Air",
"info": "Hosted by Terry Gross, \u003cem>Fresh Air from WHYY\u003c/em> is the Peabody Award-winning weekday magazine of contemporary arts and issues. One of public radio's most popular programs, Fresh Air features intimate conversations with today's biggest luminaries.",
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"link": "/radio/program/fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/381444908/podcast.xml"
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"id": "here-and-now",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"rss": "https://feeds.npr.org/510051/podcast.xml"
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},
"hidden-brain": {
"id": "hidden-brain",
"title": "Hidden Brain",
"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/hiddenbrain.jpg",
"officialWebsiteLink": "https://www.npr.org/series/423302056/hidden-brain",
"airtime": "SUN 7pm-8pm",
"meta": {
"site": "news",
"source": "NPR"
},
"link": "/radio/program/hidden-brain",
"subscribe": {
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"tuneIn": "https://tunein.com/podcasts/Science-Podcasts/Hidden-Brain-p787503/",
"rss": "https://feeds.npr.org/510308/podcast.xml"
}
},
"how-i-built-this": {
"id": "how-i-built-this",
"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/howIBuiltThis.png",
"officialWebsiteLink": "https://www.npr.org/podcasts/510313/how-i-built-this",
"airtime": "SUN 7:30pm-8pm",
"meta": {
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"source": "npr"
},
"link": "/radio/program/how-i-built-this",
"subscribe": {
"npr": "https://rpb3r.app.goo.gl/3zxy",
"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"rss": "https://feeds.npr.org/510313/podcast.xml"
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},
"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
"imageAlt": "KQED Hyphenación",
"officialWebsiteLink": "/podcasts/hyphenacion",
"meta": {
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"order": 15
},
"link": "/podcasts/hyphenacion",
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"spotify": "https://open.spotify.com/show/2p3Fifq96nw9BPcmFdIq0o?si=39209f7b25774f38",
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"amazon": "https://music.amazon.com/podcasts/6c3dd23c-93fb-4aab-97ba-1725fa6315f1/hyphenaci%C3%B3n",
"rss": "https://feeds.megaphone.fm/KQINC2275451163"
}
},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED The Political Mind of Jerry Brown",
"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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"apple": "https://itunes.apple.com/us/podcast/id1492194549",
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}
},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
"meta": {
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"source": "npr"
},
"link": "/radio/program/latino-usa",
"subscribe": {
"npr": "https://rpb3r.app.goo.gl/xtTd",
"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
}
},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Masters-of-Scale-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
"site": "radio",
"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
"subscribe": {
"apple": "http://mastersofscale.app.link/",
"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
"subscribe": {
"apple": "https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
"npr": "https://www.npr.org/podcasts/464615685/mind-shift-podcast",
"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
"site": "news",
"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
"apple": "https://podcasts.apple.com/podcast/id1567098962",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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"stitcher": "https://www.stitcher.com/show/on-our-watch",
"rss": "https://feeds.npr.org/510360/podcast.xml"
}
},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
"site": "news",
"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
"meta": {
"site": "news",
"source": "pbs"
},
"link": "/radio/program/pbs-newshour",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
"imageAlt": "KQED Perspectives",
"officialWebsiteLink": "/perspectives/",
"meta": {
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
"subscribe": {
"apple": "https://podcasts.apple.com/us/podcast/id73801135",
"npr": "https://www.npr.org/podcasts/432309616/perspectives",
"rss": "https://ww2.kqed.org/perspectives/category/perspectives/feed/",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
"officialWebsiteLink": "https://www.npr.org/sections/money/",
"meta": {
"site": "news",
"source": "npr"
},
"link": "/radio/program/planet-money",
"subscribe": {
"npr": "https://rpb3r.app.goo.gl/M4f5",
"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
"tuneIn": "https://tunein.com/podcasts/Business--Economics-Podcasts/Planet-Money-p164680/",
"rss": "https://feeds.npr.org/510289/podcast.xml"
}
},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Political Breakdown",
"officialWebsiteLink": "/podcasts/politicalbreakdown",
"meta": {
"site": "radio",
"source": "kqed",
"order": 5
},
"link": "/podcasts/politicalbreakdown",
"subscribe": {
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"amazon": "https://music.amazon.com/podcasts/e0c2d153-ad36-4c8d-901d-f1da6a724824/political-breakdown",
"npr": "https://www.npr.org/podcasts/572155894/political-breakdown",
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