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"content": "\u003cp>San Francisco Supervisor Hillary Ronen on Tuesday put forward a resolution rejecting a request from the District Attorney’s Office seeking an exception to the city’s strict sanctuary policy, which broadly prohibits city leaders and police from cooperating with federal immigration enforcement officials.\u003c/p>\n\u003cp>At issue is an effort by DA Brooke Jenkins to prosecute two suspects wanted for serious crimes in separate cases — one for murder, the other for sexually molesting young children — who fled the country but have since been located in Mexico.\u003c/p>\n\u003cp>Under Jenkins’ proposal, once the defendants are returned to San Francisco, city officials would commit to notifying Immigration and Customs Enforcement if either man were to be released from custody.\u003c/p>\n\u003cp>But Ronen said doing so would set a “dangerous precedent.”\u003c/p>\n\u003cp>“The feds don’t need us to make an exception to our sanctuary process. They spend billions of dollars a year on immigration enforcement, they can easily track these public cases,” she told KQED. “This is just playing politics with immigrants.”\u003c/p>\n\u003cp>It’s unlikely either suspect would be released from San Francisco jail unless charges were dropped or a defendant was acquitted. Judges issued an arrest warrant for the murder suspect in 2009 and for the sexual abuse suspect in 2021. Bail was set at $5 million dollars in each case.\u003c/p>\n\u003cp>In a separate move on Tuesday, Supervisor Matt Dorsey proposed a measure to make it easier to deport accused fentanyl dealers who are noncitizens.[aside label=\"related coverage\" tag=\"immigration-and-customs-enforcement\"]“I’m asking my colleagues to update our ‘Due Process for All’ ordinance to add fentanyl dealing felonies alongside violent felonies,” Dorsey told KQED. “The whole idea of sanctuary was to create a safe environment so that local governments could serve immigrant communities, including undocumented immigrant communities, and have their trust. To do otherwise would be to empower organized crime and elements that might exploit people who are in vulnerable situations.”\u003c/p>\n\u003cp>Under San Francisco’s current policy, local law enforcement can honor an ICE request to hold someone if that person is facing a violent felony charge and was previously convicted of a violent felony — including murder, rape and arson — in the previous seven years, or of a serious felony — including robbery and carjacking — in the previous five years.\u003c/p>\n\u003cp>Dorsey’s proposal would add people charged with dealing fentanyl to the list of exceptions for sanctuary protections. It would only apply to a person found guilty of selling fentanyl who had been previously convicted of fentanyl dealing or a violent felony in the prior seven years, or a serious felony in the prior five years.\u003c/p>\n\u003cp>Dorsey said he had not yet examined how deporting suspected dealers has affected the fentanyl crisis in other major cities with looser sanctuary laws. There is also little public data showing what portion of drug dealers in San Francisco are noncitizens.\u003c/p>\n\u003cp>Dorsey also did not say whether he would support Ronen’s separate resolution rejecting the DA’s request to notify ICE about the two suspects from Mexico.\u003c/p>\n\u003cp>For her part, Ronen said she opposes Dorsey’s proposal. And she and other immigration advocates say city officials do not need to compromise the city’s sanctuary law, which has been on the books since 1989, for federal immigration officials to arrest either of the suspects if and when they are released from San Francisco jail.\u003c/p>\n\u003cp>A similar challenge occurred in 2019, when the Department of Homeland Security demanded that San Francisco make an exception to its sanctuary policy to extradite a Tunisian national who had fled to Canada.\u003c/p>\n\u003cp>City officials ultimately decided they would not cooperate, saying it was unnecessary for DHS to do its work and could ultimately weaken the city’s sanctuary law. Nonetheless, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Assault-suspect-extradited-to-San-Francisco-13572023.php\">DHS successfully arranged for the suspect to be returned to San Francisco, where he was eventually prosecuted\u003c/a> for rape and sexual battery.\u003c/p>\n\u003cp>Much as they did in 2019, immigrant advocates are supporting Ronen’s call to stand up to federal immigration authorities in the current case.\u003c/p>\n\u003cp>“I’m urging the Board of Supervisors to remember that lesson from not very long ago that we don’t need to succumb to their distortions,” said Angela Chan, attorney with the San Francisco Public Defender’s Office, \u003ca href=\"https://sfpublicdefender.org/news/2022/02/san-francisco-public-defender-announces-the-hiring-of-angela-chan-long-time-immigrant-advocate-for-the-asian-law-caucus/\">who played a role in drafting California’s sanctuary law\u003c/a> and updating San Francisco’s policy. “It’s a threat, it’s empty, and we learned this only four years ago.”\u003c/p>\n\u003cp>“San Francisco should not fall for these tactics,” Chan added. “This is one of many things they do to try to attack our sanctuary ordinance.”\u003c/p>\n\u003cp>Weakening sanctuary protections would affect not only undocumented immigrants, but also documented immigrants with criminal histories. Any noncitizen is eligible for deportation if convicted of a wide range of crimes.\u003c/p>\n\u003cp>Jenkins says that while she supports San Francisco’s sanctuary city law, she is seeking an exemption in these particular cases to get the suspects extradited as soon as possible for what she described as “unspeakable crimes.”\u003c/p>\n\u003cp>“We cannot let two wanted fugitives hiding out internationally get away with murder and sexually abusing young children,” Jenkins said in a statement. “These men must be brought to the United States to face justice and be held accountable for their heinous crimes. We cannot let our well-intentioned policy be exploited in this way and must act now.”\u003c/p>\n\u003cp>Dorsey also expressed his support for the city’s sanctuary policy, but said fentanyl is so lethal that he thinks it should be treated differently from other drugs.\u003c/p>\n\u003cp>“I don’t think there is a precedent in drug policy for what we’re seeing with fentanyl. And what’s terrifying is that there are other synthetic opioids on the horizon that are cheaper and more profitable for dealers and drug cartels,” Dorsey said. “We’re in uncharted waters here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I’m asking my colleagues to update our ‘Due Process for All’ ordinance to add fentanyl dealing felonies alongside violent felonies,” Dorsey told KQED. “The whole idea of sanctuary was to create a safe environment so that local governments could serve immigrant communities, including undocumented immigrant communities, and have their trust. To do otherwise would be to empower organized crime and elements that might exploit people who are in vulnerable situations.”\u003c/p>\n\u003cp>Under San Francisco’s current policy, local law enforcement can honor an ICE request to hold someone if that person is facing a violent felony charge and was previously convicted of a violent felony — including murder, rape and arson — in the previous seven years, or of a serious felony — including robbery and carjacking — in the previous five years.\u003c/p>\n\u003cp>Dorsey’s proposal would add people charged with dealing fentanyl to the list of exceptions for sanctuary protections. It would only apply to a person found guilty of selling fentanyl who had been previously convicted of fentanyl dealing or a violent felony in the prior seven years, or a serious felony in the prior five years.\u003c/p>\n\u003cp>Dorsey said he had not yet examined how deporting suspected dealers has affected the fentanyl crisis in other major cities with looser sanctuary laws. There is also little public data showing what portion of drug dealers in San Francisco are noncitizens.\u003c/p>\n\u003cp>Dorsey also did not say whether he would support Ronen’s separate resolution rejecting the DA’s request to notify ICE about the two suspects from Mexico.\u003c/p>\n\u003cp>For her part, Ronen said she opposes Dorsey’s proposal. And she and other immigration advocates say city officials do not need to compromise the city’s sanctuary law, which has been on the books since 1989, for federal immigration officials to arrest either of the suspects if and when they are released from San Francisco jail.\u003c/p>\n\u003cp>A similar challenge occurred in 2019, when the Department of Homeland Security demanded that San Francisco make an exception to its sanctuary policy to extradite a Tunisian national who had fled to Canada.\u003c/p>\n\u003cp>City officials ultimately decided they would not cooperate, saying it was unnecessary for DHS to do its work and could ultimately weaken the city’s sanctuary law. Nonetheless, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Assault-suspect-extradited-to-San-Francisco-13572023.php\">DHS successfully arranged for the suspect to be returned to San Francisco, where he was eventually prosecuted\u003c/a> for rape and sexual battery.\u003c/p>\n\u003cp>Much as they did in 2019, immigrant advocates are supporting Ronen’s call to stand up to federal immigration authorities in the current case.\u003c/p>\n\u003cp>“I’m urging the Board of Supervisors to remember that lesson from not very long ago that we don’t need to succumb to their distortions,” said Angela Chan, attorney with the San Francisco Public Defender’s Office, \u003ca href=\"https://sfpublicdefender.org/news/2022/02/san-francisco-public-defender-announces-the-hiring-of-angela-chan-long-time-immigrant-advocate-for-the-asian-law-caucus/\">who played a role in drafting California’s sanctuary law\u003c/a> and updating San Francisco’s policy. “It’s a threat, it’s empty, and we learned this only four years ago.”\u003c/p>\n\u003cp>“San Francisco should not fall for these tactics,” Chan added. “This is one of many things they do to try to attack our sanctuary ordinance.”\u003c/p>\n\u003cp>Weakening sanctuary protections would affect not only undocumented immigrants, but also documented immigrants with criminal histories. Any noncitizen is eligible for deportation if convicted of a wide range of crimes.\u003c/p>\n\u003cp>Jenkins says that while she supports San Francisco’s sanctuary city law, she is seeking an exemption in these particular cases to get the suspects extradited as soon as possible for what she described as “unspeakable crimes.”\u003c/p>\n\u003cp>“We cannot let two wanted fugitives hiding out internationally get away with murder and sexually abusing young children,” Jenkins said in a statement. “These men must be brought to the United States to face justice and be held accountable for their heinous crimes. We cannot let our well-intentioned policy be exploited in this way and must act now.”\u003c/p>\n\u003cp>Dorsey also expressed his support for the city’s sanctuary policy, but said fentanyl is so lethal that he thinks it should be treated differently from other drugs.\u003c/p>\n\u003cp>“I don’t think there is a precedent in drug policy for what we’re seeing with fentanyl. And what’s terrifying is that there are other synthetic opioids on the horizon that are cheaper and more profitable for dealers and drug cartels,” Dorsey said. “We’re in uncharted waters here.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Fear of Deportation Keeps Some Workers From Reporting Labor Abuses. A New Biden Program Aims to Change That",
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"content": "\u003cul>\n\u003cli>\u003cstrong>Jump to: \u003ca href=\"#anchor\">How applying for deferred action works\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11941448/que-es-el-programa-de-accion-diferida-de-la-administracion-biden-para-trabajadores-indocumentados\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>With investigations underway into possible labor violations at the two Half Moon Bay mushroom farms where a mass shooting occurred last month, Bay Area immigration and employment lawyers say they’re trying to get the word out about new federal protections — recently announced by the Biden administration — that could shield undocumented workers from deportation if they speak up about workplace abuses.\u003c/p>\n\u003cp>When Gov. Gavin Newsom visited Half Moon Bay after the Jan. 23 rampage, which took the lives of seven immigrant farmworkers, he expressed shock that employees were living in shipping containers and said some had told him they were earning just $9 an hour.[pullquote align=\"right\" size=\"medium\" citation=\"Patricia Ortiz, immigration program legal director, California Rural Legal Assistance\"]‘Farmworkers specifically are just in a very vulnerable situation. They’re in rural areas, where maybe they’re isolated from information that people in other parts of the state have access to, in terms of their rights and what recourse they have to enforce those rights.’[/pullquote]“You want to verify the California minimum wage? It’s not $9 an hour,” Newsom said. “No health care, no support, no services. But taking care of our health. Providing a service to each and every one of us, every single day.”\u003c/p>\n\u003cp>State officials immediately began gathering information on California Terra Garden and Concord Farms, the two worksites attacked, and gained entry two hours after law enforcement reopened the sites on Jan. 25, according to Peter Melton, spokesperson for the state Department of Industrial Relations. He confirmed that his agency is investigating both companies for potential workplace violations.\u003c/p>\n\u003cp>Melton emphasized that the agency does not request or track the immigration status of workers, adding: “In California, workers in agriculture and most other industries are protected by California’s labor laws and workplace safety and health regulations, regardless of their immigration status.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As a matter of policy, the U.S. Department of Labor would not confirm whether it is also investigating the farms. But Half Moon Bay Vice Mayor Joaquín Jiménez Ureña said federal investigators were in town last week.\u003c/p>\n\u003cp>“I had the opportunity to meet with them,” he said. “They shared with me what they’re investigating. They want to collaborate with us to make sure the farmworkers are well taken care of with wages and housing, and that any incidents happening on the farms are reported to them.”\u003c/p>\n\u003ch2>Vulnerable to exploitation\u003c/h2>\n\u003cp>Despite California’s labor protections, immigrant workers are often afraid to speak out, fearing retaliation by employers and the threat of deportation, advocates say.\u003c/p>\n\u003cp>\u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">Nearly 60% of the state’s agricultural workers are undocumented immigrants\u003c/a>, according to the latest data from the U.S. Department of Labor.\u003c/p>\n\u003cp>Even farmworkers who are working legally, on\u003ca href=\"https://www.dol.gov/agencies/whd/agriculture/h2a\"> temporary H-2A agricultural visas\u003c/a>, can be hesitant to make waves because they are dependent on their employers to maintain their work visas. And for undocumented immigrants, the fear is even more acute, says Patricia Ortiz, immigration program legal director with the nonprofit California Rural Legal Assistance.\u003c/p>\n\u003cp>“Farmworkers specifically are just in a very vulnerable situation,” said Ortiz. “They’re in rural areas, where maybe they’re isolated from information that people in other parts of the state have access to, in terms of their rights and what recourse they have to enforce those rights.”\u003c/p>\n\u003cp>But a \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-announces-process-enhancements-supporting-labor-enforcement-investigations\">new, streamlined “deferred action” program\u003c/a>, meant to help the government crack down on abusive employers, could encourage more undocumented workers to come forward about unfair or unsafe conditions, Ortiz said.\u003c/p>\n\u003cp>Workers who show they are cooperating with a labor investigation can apply for a work permit and two years of protection from deportation through an expedited process announced last month by Homeland Security Secretary Alejandro Mayorkas. The protection, to be granted on a case-by-case basis, expands on an October \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/memo_from_secretary_mayorkas_on_worksite_enforcement.pdf\">policy memo outlining DHS’s worksite enforcement strategy (PDF)\u003c/a>.\u003c/p>\n\u003cp>“Unscrupulous employers who prey on the vulnerability of noncitizen workers harm all workers and disadvantage businesses who play by the rules,” said Mayorkas, in announcing the new program last month. “We will hold these predatory actors accountable by encouraging all workers to assert their rights.”\u003c/p>\n\u003ch2>Spreading the word\u003c/h2>\n\u003cp>Ortiz says immigrant advocacy groups like hers have been hastily arranging trainings and webinars to inform other legal service providers who work with immigrants about the program.[aside postID=\"news_11939470\" hero='https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1246581187-1020x765.jpg']But Jiménez Ureña, Half Moon Bay’s vice mayor, who also leads a farmworker labor project at a local nonprofit known as ALAS or Ayudando Latinos a Soñar, said he was unaware of the federal initiative.\u003c/p>\n\u003cp>In the wake of the mass shooting — and possible labor violations — at the mushroom farms, the Newsom administration’s Labor and Workforce Development Agency has begun sharing information about the new program.\u003c/p>\n\u003cp>“The Administration has been in close contact with San Mateo County and community organizations regarding immigration assistance and the new DHS guidance on potential immigration relief for workers who have suffered workplace violations,” Erin Hickey, spokesperson for the agency, said in an email.\u003c/p>\n\u003cp>California \u003ca href=\"https://twitter.com/californialabor/status/1622309222150213632?s=10&t=hPNuyq373F6dAJ4Q1eAEfg\">labor leaders plan to hold a training\u003c/a> on the new program this week in Los Angeles. And a group of Bay Area attorneys have scheduled a video call to discuss how the protections might benefit their clients.\u003c/p>\n\u003ch2>‘A complete 180’\u003c/h2>\n\u003cp>Sergio Benavides, a Hayward immigration lawyer who plans to join that call, said the Biden administration’s approach to labor protections for immigrants is long overdue.\u003c/p>\n\u003cp>“To me it represents a complete 180 from the Trump era,” he said. “The Biden administration is saying, ‘Hey, workers, we want to help you. We want to protect you. We want to investigate violations of the law. Please come out of the woodwork.’”\u003c/p>\n\u003cp>But Benavides cautioned that deferred action is only temporary, and said immigrants should first consult a lawyer to decide whether it would benefit them to apply.\u003c/p>\n\u003cp>There are other forms of immigration relief that could be more durable for undocumented immigrants, including those at the Half Moon Bay mushroom farms, he said. One of those, a\u003ca href=\"https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status\"> U visa\u003c/a>, can lead to a green card and eventually citizenship for victims of certain crimes who cooperate with law enforcement or government investigators.\u003c/p>\n\u003cp>And how useful the new federal program proves to be will depend on how well it’s administered, Benavides said. Though DHS says the application process will be “streamlined and expedited,” other immigration applications are often delayed, he noted.\u003c/p>\n\u003cp>“People may qualify for benefits and they apply for them, but it takes years and there are these huge backlogs,” he said. “They’re going to try to fast-track it. But what does that mean? I don’t know that the Biden administration has the manpower to make sure that these applications are processed faster.”\u003cbr>\n\u003ca id=\"anchor\">\u003c/a>\u003c/p>\n\u003ch2>How it works\u003c/h2>\n\u003cp>If you’re thinking of applying for deferred action on deportation, here are some details to know:\u003c/p>\n\u003cul>\n\u003cli>An immigration lawyer can help you decide whether it would benefit you to apply. They can also tell you whether there are other forms of immigration relief you may qualify for, including more permanent protections.\u003c/li>\n\u003cli>To apply, you need to submit, among other forms:\n\u003cul>\n\u003cli>A signed request explaining your claim and that you are participating in a labor agency investigation.\u003c/li>\n\u003cli>A letter of support from the labor agency.\u003c/li>\n\u003cli>Documents to prove your employment.\u003c/li>\n\u003cli>Proof of your identity and nationality.\u003c/li>\n\u003cli>Biographical information.\u003c/li>\n\u003cli>An application for a work permit.\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003cli>The protection from deportation is temporary: up to two years. It may be renewed if the labor investigation is ongoing. Please note that DHS says it can terminate deferred action “at any time, at its discretion.”\u003c/li>\n\u003cli>If your request is approved — and you can prove “economic necessity” — you can also get a work permit.\u003c/li>\n\u003cli>In some cases, USCIS may forward applications to U.S. Immigration and Customs Enforcement, especially if you are in deportation proceedings. They may ask ICE to help decide whether to grant you deferred action.\u003c/li>\n\u003cli>U.S. Citizenship and Information Services has set up an office to handle requests on an expedited basis.\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca class=\"c-link\" href=\"https://www.dhs.gov/enforcement-labor-and-employment-laws\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://www.dhs.gov/enforcement-labor-and-employment-laws\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">Full information about the application process is available here, in Spanish and English.\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cul>\n\u003cli>\u003cstrong>Jump to: \u003ca href=\"#anchor\">How applying for deferred action works\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11941448/que-es-el-programa-de-accion-diferida-de-la-administracion-biden-para-trabajadores-indocumentados\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>With investigations underway into possible labor violations at the two Half Moon Bay mushroom farms where a mass shooting occurred last month, Bay Area immigration and employment lawyers say they’re trying to get the word out about new federal protections — recently announced by the Biden administration — that could shield undocumented workers from deportation if they speak up about workplace abuses.\u003c/p>\n\u003cp>When Gov. Gavin Newsom visited Half Moon Bay after the Jan. 23 rampage, which took the lives of seven immigrant farmworkers, he expressed shock that employees were living in shipping containers and said some had told him they were earning just $9 an hour.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“You want to verify the California minimum wage? It’s not $9 an hour,” Newsom said. “No health care, no support, no services. But taking care of our health. Providing a service to each and every one of us, every single day.”\u003c/p>\n\u003cp>State officials immediately began gathering information on California Terra Garden and Concord Farms, the two worksites attacked, and gained entry two hours after law enforcement reopened the sites on Jan. 25, according to Peter Melton, spokesperson for the state Department of Industrial Relations. He confirmed that his agency is investigating both companies for potential workplace violations.\u003c/p>\n\u003cp>Melton emphasized that the agency does not request or track the immigration status of workers, adding: “In California, workers in agriculture and most other industries are protected by California’s labor laws and workplace safety and health regulations, regardless of their immigration status.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As a matter of policy, the U.S. Department of Labor would not confirm whether it is also investigating the farms. But Half Moon Bay Vice Mayor Joaquín Jiménez Ureña said federal investigators were in town last week.\u003c/p>\n\u003cp>“I had the opportunity to meet with them,” he said. “They shared with me what they’re investigating. They want to collaborate with us to make sure the farmworkers are well taken care of with wages and housing, and that any incidents happening on the farms are reported to them.”\u003c/p>\n\u003ch2>Vulnerable to exploitation\u003c/h2>\n\u003cp>Despite California’s labor protections, immigrant workers are often afraid to speak out, fearing retaliation by employers and the threat of deportation, advocates say.\u003c/p>\n\u003cp>\u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">Nearly 60% of the state’s agricultural workers are undocumented immigrants\u003c/a>, according to the latest data from the U.S. Department of Labor.\u003c/p>\n\u003cp>Even farmworkers who are working legally, on\u003ca href=\"https://www.dol.gov/agencies/whd/agriculture/h2a\"> temporary H-2A agricultural visas\u003c/a>, can be hesitant to make waves because they are dependent on their employers to maintain their work visas. And for undocumented immigrants, the fear is even more acute, says Patricia Ortiz, immigration program legal director with the nonprofit California Rural Legal Assistance.\u003c/p>\n\u003cp>“Farmworkers specifically are just in a very vulnerable situation,” said Ortiz. “They’re in rural areas, where maybe they’re isolated from information that people in other parts of the state have access to, in terms of their rights and what recourse they have to enforce those rights.”\u003c/p>\n\u003cp>But a \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-announces-process-enhancements-supporting-labor-enforcement-investigations\">new, streamlined “deferred action” program\u003c/a>, meant to help the government crack down on abusive employers, could encourage more undocumented workers to come forward about unfair or unsafe conditions, Ortiz said.\u003c/p>\n\u003cp>Workers who show they are cooperating with a labor investigation can apply for a work permit and two years of protection from deportation through an expedited process announced last month by Homeland Security Secretary Alejandro Mayorkas. The protection, to be granted on a case-by-case basis, expands on an October \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/memo_from_secretary_mayorkas_on_worksite_enforcement.pdf\">policy memo outlining DHS’s worksite enforcement strategy (PDF)\u003c/a>.\u003c/p>\n\u003cp>“Unscrupulous employers who prey on the vulnerability of noncitizen workers harm all workers and disadvantage businesses who play by the rules,” said Mayorkas, in announcing the new program last month. “We will hold these predatory actors accountable by encouraging all workers to assert their rights.”\u003c/p>\n\u003ch2>Spreading the word\u003c/h2>\n\u003cp>Ortiz says immigrant advocacy groups like hers have been hastily arranging trainings and webinars to inform other legal service providers who work with immigrants about the program.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But Jiménez Ureña, Half Moon Bay’s vice mayor, who also leads a farmworker labor project at a local nonprofit known as ALAS or Ayudando Latinos a Soñar, said he was unaware of the federal initiative.\u003c/p>\n\u003cp>In the wake of the mass shooting — and possible labor violations — at the mushroom farms, the Newsom administration’s Labor and Workforce Development Agency has begun sharing information about the new program.\u003c/p>\n\u003cp>“The Administration has been in close contact with San Mateo County and community organizations regarding immigration assistance and the new DHS guidance on potential immigration relief for workers who have suffered workplace violations,” Erin Hickey, spokesperson for the agency, said in an email.\u003c/p>\n\u003cp>California \u003ca href=\"https://twitter.com/californialabor/status/1622309222150213632?s=10&t=hPNuyq373F6dAJ4Q1eAEfg\">labor leaders plan to hold a training\u003c/a> on the new program this week in Los Angeles. And a group of Bay Area attorneys have scheduled a video call to discuss how the protections might benefit their clients.\u003c/p>\n\u003ch2>‘A complete 180’\u003c/h2>\n\u003cp>Sergio Benavides, a Hayward immigration lawyer who plans to join that call, said the Biden administration’s approach to labor protections for immigrants is long overdue.\u003c/p>\n\u003cp>“To me it represents a complete 180 from the Trump era,” he said. “The Biden administration is saying, ‘Hey, workers, we want to help you. We want to protect you. We want to investigate violations of the law. Please come out of the woodwork.’”\u003c/p>\n\u003cp>But Benavides cautioned that deferred action is only temporary, and said immigrants should first consult a lawyer to decide whether it would benefit them to apply.\u003c/p>\n\u003cp>There are other forms of immigration relief that could be more durable for undocumented immigrants, including those at the Half Moon Bay mushroom farms, he said. One of those, a\u003ca href=\"https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status\"> U visa\u003c/a>, can lead to a green card and eventually citizenship for victims of certain crimes who cooperate with law enforcement or government investigators.\u003c/p>\n\u003cp>And how useful the new federal program proves to be will depend on how well it’s administered, Benavides said. Though DHS says the application process will be “streamlined and expedited,” other immigration applications are often delayed, he noted.\u003c/p>\n\u003cp>“People may qualify for benefits and they apply for them, but it takes years and there are these huge backlogs,” he said. “They’re going to try to fast-track it. But what does that mean? I don’t know that the Biden administration has the manpower to make sure that these applications are processed faster.”\u003cbr>\n\u003ca id=\"anchor\">\u003c/a>\u003c/p>\n\u003ch2>How it works\u003c/h2>\n\u003cp>If you’re thinking of applying for deferred action on deportation, here are some details to know:\u003c/p>\n\u003cul>\n\u003cli>An immigration lawyer can help you decide whether it would benefit you to apply. They can also tell you whether there are other forms of immigration relief you may qualify for, including more permanent protections.\u003c/li>\n\u003cli>To apply, you need to submit, among other forms:\n\u003cul>\n\u003cli>A signed request explaining your claim and that you are participating in a labor agency investigation.\u003c/li>\n\u003cli>A letter of support from the labor agency.\u003c/li>\n\u003cli>Documents to prove your employment.\u003c/li>\n\u003cli>Proof of your identity and nationality.\u003c/li>\n\u003cli>Biographical information.\u003c/li>\n\u003cli>An application for a work permit.\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003cli>The protection from deportation is temporary: up to two years. It may be renewed if the labor investigation is ongoing. Please note that DHS says it can terminate deferred action “at any time, at its discretion.”\u003c/li>\n\u003cli>If your request is approved — and you can prove “economic necessity” — you can also get a work permit.\u003c/li>\n\u003cli>In some cases, USCIS may forward applications to U.S. Immigration and Customs Enforcement, especially if you are in deportation proceedings. They may ask ICE to help decide whether to grant you deferred action.\u003c/li>\n\u003cli>U.S. Citizenship and Information Services has set up an office to handle requests on an expedited basis.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">Sandra Castañeda was convicted for a murder she didn’t commit and was sentenced to 40 years to life. She thought she was going to spend the rest of her life in prison. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In 2018, she got hopeful news: California dismissed her sentence and ordered her release. But instead of finding freedom, she was immediately detained by Immigrations and Customs Enforcement (ICE) after being released from prison. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Even though her crimes were dismissed in California, federal immigration authorities still consider Sandra deportable. In this months-long investigation, KQED’s Tyche Hendricks reports on the thousands of immigrants whose cases have been dismissed at the state level but whose cases are still being pursued by ICE. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://bit.ly/40Qk8Zg\">Read the episode transcript\u003c/a>\u003c/em>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC6638284430&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003cp>\u003cem>This episode originally aired on The California Report Magazine on Jan. 27, 2023.\u003c/em>\u003c/p>\n\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"title": "'Deplorable, Heartbreaking': Officials Pledge to Investigate Labor Conditions at Mushroom Farms Targeted in Half Moon Bay Shootings",
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"content": "\u003cp>California and local officials say they plan to investigate potential wage theft and safety violations at the two Half Moon Bay farms where a gunman murdered seven of his co-workers on Monday.\u003c/p>\n\u003cp>“The workers were living in very, very poor conditions. Some were in very old trailers and others were living in shacks without running water or electricity,” San Mateo District Attorney Steve Wagstaffe told KQED, after his staff this week toured workers’ living quarters at California Terra Garden, the site of the first shooting, and where the suspect lived. “Really a type of living circumstance that I don’t think any of us think should exist in this country.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cynthia Rice, California Rural Legal Assistance\"]‘Once an employer provides a worker housing, the worker becomes dependent on them not only for their wages but for their housing security and the security of their families.’[/pullquote]Wagstaffe noted that he was familiar only with living conditions at that farm, and not at Concord Farms, the site of the second shooting.\u003c/p>\n\u003cp>But, he said, San Mateo County officials would look into potential labor violations at both farm sites.\u003c/p>\n\u003cp>Speaking to reporters on Tuesday, Gov. Gavin Newsom called out the appalling living conditions of the mostly Latino and Asian immigrant agricultural workers on the two farms, some of whom, he said, live in on-site shipping containers and make as little as $9 an hour.\u003c/p>\n\u003cp>“Some of you should see where these folks are living, the conditions they are living in, in shipping containers. Folks getting $9 an hour with no health care, no support, no services,” Newsom said. “But they’re taking care of our health and providing a service to us each and every day.”\u003c/p>\n\u003cp>Following his visit to California Terra Garden this week, San Mateo County Supervisor Ray Mueller tweeted photos of worker housing, describing the conditions as “deplorable” and “heartbreaking.”\u003c/p>\n\u003cp>https://twitter.com/Ray_Mueller_/status/1618694092506152960\u003c/p>\n\u003cp>Despite Half Moon Bay’s location less than 30 miles south of San Francisco, agriculture remains a major part of the local economy, where lush flower farms dot the rolling hills above the ocean, and Brussels sprouts, artichokes and pumpkins are among the area’s highest-yielding crops.\u003c/p>\n\u003cp>Some \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">60% of California’s agricultural workers are undocumented immigrants\u003c/a>, according to the latest available data from the U.S. Department of Labor. Fears of deportation or workplace retaliation, farmworker advocates say, often keep workers from speaking out about unfair and sometimes illegal labor practices.\u003c/p>\n\u003cp>In 2021, \u003ca href=\"https://www.bls.gov/oes/current/oes452092.htm\">the average agricultural worker in California was paid just $15.28 an hour, and earned a yearly wage of $31,770\u003c/a>, according to data from the U.S. Bureau of Labor Statistics.\u003c/p>\n\u003cp>Farmworkers earning such low wages often have few housing options, particularly in the Bay Area, one of the most expensive regions in the state, said Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance. And if they choose to live where they work to save money on housing, they are often more vulnerable to wage theft and other abuses, she said.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"half-moon-bay\"]“Once an employer provides a worker housing, the worker becomes dependent on them not only for their wages but for their housing security and the security of their families,” Rice said.\u003c/p>\n\u003cp>A spokesperson for the California Division of Occupational Safety and Health — also known as Cal/OSHA — and the state Labor Commissioner’s office, which investigates wage theft complaints, said the state’s inspection will “ensure that employees are being afforded all the protections of California labor laws.”\u003c/p>\n\u003cp>The spokesperson also emphasized that most workers in California, including agricultural workers, are “protected by the state’s labor laws and workplace safety and health regulations, regardless of their immigration status.”\u003c/p>\n\u003cp>District Attorney Wagstaffe also said that his office could potentially prosecute the owners of the farms, if evidence of serious violations was uncovered.\u003c/p>\n\u003cp>It would be familiar territory for Wagstaffe, who in 2021 prosecuted a Texas-based owner of a hemp farm in Half Moon Bay for withholding workers’ wages for six weeks.\u003c/p>\n\u003cp>Local labor advocates and city officials are hopeful the current focus on working conditions at farm sites in the area will spur positive changes.\u003c/p>\n\u003cp>“We have exposed how our farmworker community is living, let’s not ignore that. The mental health support they need, let’s not ignore that,” Half Moon Bay Vice Mayor Joaquin Jiménez Ureña told reporters. “Many come to this community for the pumpkin [festival] and ignore the farmworkers. Not today.”\u003c/p>\n\u003cp>Rice, of California Rural Legal Assistance, stressed that it shouldn’t take a mass shooting to bring light to the inequality that many farmworkers endure on a regular basis.\u003c/p>\n\u003cp>“It’s horrifying to think that it takes the death of so many people who are grouped together by virtue of the fact that they work to put food on our tables,” Rice said. “It will be another tragedy if there is no follow-up by enforcement agencies or others who can help these workers out.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Despite Half Moon Bay’s location less than 30 miles south of San Francisco, agriculture remains a major part of the local economy, where lush flower farms dot the rolling hills above the ocean, and Brussels sprouts, artichokes and pumpkins are among the area’s highest-yielding crops.\u003c/p>\n\u003cp>Some \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">60% of California’s agricultural workers are undocumented immigrants\u003c/a>, according to the latest available data from the U.S. Department of Labor. Fears of deportation or workplace retaliation, farmworker advocates say, often keep workers from speaking out about unfair and sometimes illegal labor practices.\u003c/p>\n\u003cp>In 2021, \u003ca href=\"https://www.bls.gov/oes/current/oes452092.htm\">the average agricultural worker in California was paid just $15.28 an hour, and earned a yearly wage of $31,770\u003c/a>, according to data from the U.S. Bureau of Labor Statistics.\u003c/p>\n\u003cp>Farmworkers earning such low wages often have few housing options, particularly in the Bay Area, one of the most expensive regions in the state, said Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance. And if they choose to live where they work to save money on housing, they are often more vulnerable to wage theft and other abuses, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Once an employer provides a worker housing, the worker becomes dependent on them not only for their wages but for their housing security and the security of their families,” Rice said.\u003c/p>\n\u003cp>A spokesperson for the California Division of Occupational Safety and Health — also known as Cal/OSHA — and the state Labor Commissioner’s office, which investigates wage theft complaints, said the state’s inspection will “ensure that employees are being afforded all the protections of California labor laws.”\u003c/p>\n\u003cp>The spokesperson also emphasized that most workers in California, including agricultural workers, are “protected by the state’s labor laws and workplace safety and health regulations, regardless of their immigration status.”\u003c/p>\n\u003cp>District Attorney Wagstaffe also said that his office could potentially prosecute the owners of the farms, if evidence of serious violations was uncovered.\u003c/p>\n\u003cp>It would be familiar territory for Wagstaffe, who in 2021 prosecuted a Texas-based owner of a hemp farm in Half Moon Bay for withholding workers’ wages for six weeks.\u003c/p>\n\u003cp>Local labor advocates and city officials are hopeful the current focus on working conditions at farm sites in the area will spur positive changes.\u003c/p>\n\u003cp>“We have exposed how our farmworker community is living, let’s not ignore that. The mental health support they need, let’s not ignore that,” Half Moon Bay Vice Mayor Joaquin Jiménez Ureña told reporters. “Many come to this community for the pumpkin [festival] and ignore the farmworkers. Not today.”\u003c/p>\n\u003cp>Rice, of California Rural Legal Assistance, stressed that it shouldn’t take a mass shooting to bring light to the inequality that many farmworkers endure on a regular basis.\u003c/p>\n\u003cp>“It’s horrifying to think that it takes the death of so many people who are grouped together by virtue of the fact that they work to put food on our tables,” Rice said. “It will be another tragedy if there is no follow-up by enforcement agencies or others who can help these workers out.”\u003cbr>\n\u003c/p>\u003c/div>",
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"slug": "the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war",
"title": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her",
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"headTitle": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED",
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"content": "\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it’s there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.[aside label=\"Related Stories\" postID=\"news_11924388,news_11923465,news_11909454\"]While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra’s close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn’t really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"auto, (max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister’s children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn’t know that I did … Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I’m not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>‘[T]here’s always that little hope … ‘\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.[pullquote align=\"right\" size=\"medium\" citation=\"Virginia Reyes, aunt of Sandra Castañeda\"]‘How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?’[/pullquote]Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there’s always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn’t believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that’s been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn’t need to be on someone’s record’ — should not be on someone’s record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda\"]‘These people are still messing with my life, even though I already paid for my crime.’[/pullquote]The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who’s not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It’s really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]‘ICE can just say we’re not going to choose to go after and deport these people. We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.’[/pullquote]“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he’s saying, ‘I don’t know if we’re going to find a bed. And if we don’t, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I’m going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it’ll be hot. Sometimes it’ll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>‘The system … is designed to wear people down’\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]‘The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.’[/pullquote]And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she’d give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don’t speak English and … I’m only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn’t know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn’t know that it’s so important to be able to get that citizenship if you’re able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda’s case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n",
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"excerpt": "After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.",
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"title": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it’s there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra’s close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn’t really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"auto, (max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister’s children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn’t know that I did … Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I’m not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>‘[T]here’s always that little hope … ‘\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there’s always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn’t believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that’s been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn’t need to be on someone’s record’ — should not be on someone’s record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”\u003c/p>\u003c/div>",
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"content": "‘These people are still messing with my life, even though I already paid for my crime.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who’s not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It’s really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.\u003c/p>\u003c/div>",
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"content": "‘ICE can just say we’re not going to choose to go after and deport these people. We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he’s saying, ‘I don’t know if we’re going to find a bed. And if we don’t, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I’m going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it’ll be hot. Sometimes it’ll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>‘The system … is designed to wear people down’\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.\u003c/p>\u003c/div>",
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"content": "‘The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she’d give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don’t speak English and … I’m only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn’t know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn’t know that it’s so important to be able to get that citizenship if you’re able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda’s case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"link": "/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war",
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"slug": "border-confusion-and-financial-woes-loom-as-california-braces-for-lifting-of-title-42-in-new-year",
"title": "Border Confusion and Financial Woes Loom as California Braces for Lifting of Title 42 in New Year",
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"headTitle": "Border Confusion and Financial Woes Loom as California Braces for Lifting of Title 42 in New Year | KQED",
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"content": "\u003cp>The Supreme Court’s latest move allows \u003ca href=\"https://www.nytimes.com/2022/12/27/us/politics/title-42-border-supreme-court.html\">a short-term reprieve to an anticipated increase in asylum seekers trying to cross from Mexico\u003c/a> into California and other states, but recent confusion at the border is a preview of what may soon come should a pandemic-era measure known as Title 42 be lifted in 2023.\u003c/p>\n\u003cp>The situation, and its use as a political backdrop, has prompted local officials to ask what state resources will be available next year with California facing a potential budget shortfall and the possibility that Title 42 will end.\u003c/p>\n\u003cp>Title 42 is a Trump-era immigration policy that has continued under President Joe Biden. It allows border agents to rapidly expel migrants at official ports of entry during public health emergencies. The policy has resulted in the expulsion of tens of thousands of people seeking asylum and has discouraged many others from crossing the border.[aside label=\"Related Stories\" postID=\"news_11936012,news_11910789,news_11936184\"]The policy states that if the U.S. surgeon general determines there is a communicable disease in another country, \u003ca href=\"https://www.law.cornell.edu/uscode/text/42/265\">health officials have the authority, with the approval of the president, to prohibit\u003c/a> “the introduction of persons and property from such countries or places” for as long as health officials determine that action is necessary.\u003c/p>\n\u003cp>The measure had been set to lift last week by order of a federal court, which would have allowed many asylum-seekers waiting in limbo at the border to go ahead and cross into the United States. Some experts say that because smugglers in Mexico use any shift in U.S. immigration policy to exploit migrants, mere conversation about the possibility of lifting Title 42 triggered even more people to try to cross into the U.S. in recent weeks.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/22a544_n758.pdf\">Supreme Court’s brief order (PDF)\u003c/a> Tuesday stayed — meaning delayed — the trial judge’s ruling that would have lifted Title 42 until the high court hears arguments in the case in February. The political and legal ping-pong in the case is hard enough for U.S. audiences to follow, making it nearly impossible to explain south of the border.\u003c/p>\n\u003cp>The Supreme Court’s order is a response to a request filed by 19 Republican-led states that they be heard in the case. It does not overrule the lower court’s decision that Title 42 is illegal; it merely leaves the measure in place while the legal challenges play out in court.\u003c/p>\n\u003cp>The federal court order that was supposed to lift Title 42 came as a result of a lawsuit brought by the American Civil Liberties Union on behalf of asylum-seeking families. Asylum is a protection codified in international law for foreign nationals who meet the legal definition of “refugee.” The United Nations 1951 Convention and 1967 Protocol define refugees as people unable or unwilling to return to their home country, and who cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980.\u003c/p>\n\u003cp>For those stuck in Mexico because of Title 42, waiting can be perilous. Human Rights First has documented more than 13,000 attacks on asylum seekers waiting in Mexico during the Biden administration.\u003c/p>\n\u003cfigure id=\"attachment_11936462\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11936462\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-800x533.jpg\" alt=\"Latinx migrants of various ages from adults to children look on with concerned expressions as they stand next to white steel barriers.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Migrants wait in line while California border activists organize the group to enter the U.S. and seek asylum through the Chaparral entryway in Tijuana, Mexico on Dec. 22, 2022. \u003ccite>(Carlos A. Moreno for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Because it takes time for news of shifts in U.S. immigration policy to reach areas in rural Mexico and Central America, the numbers of migrants arriving in Tijuana and San Diego this week in anticipation of the end of Title 42 could be elevated right now — and it may take some time before those numbers drop-off as news travels, experts said. Migration numbers typically increase through the first half of the year before dropping off in the summer.\u003c/p>\n\u003cp>San Diego County Supervisor Joel Anderson, a former Republican state senator, was among a group of political leaders who recently complained that the state and federal governments have not provided the funds local leaders have requested to handle the expected influx of asylum seekers and other migrants.\u003c/p>\n\u003cp>“We’re not even talking about whether these are good policies or not,” he said. “But whatever the policy is, we become the targets of it. We’re willing to step up, but they have to step up, too, by giving us the resources we need to deal with it.”\u003c/p>\n\u003cp>He joined several local Republican and Democratic leaders in San Diego in urging in letters and news conferences that the state and the feds should provide more support ahead of the expected end of Title 42.\u003c/p>\n\u003cp>Local officials pointed to needing more funding for schools, hospitals, and police services, among other resources, if Title 42 eventually lifts. The near constant legal back-and-forth has also provided a convenient conversation starter for politicians wanting to debate larger immigration policy issues.\u003c/p>\n\u003cp>“With the state budget projecting a $25 billion deficit, I’d like to know what the plan is for our schools and to help lift all of our students,” said Andrew Hayes, board president of the Lakeside school district in rural eastern San Diego. Hayes said increases in immigration causes strains to the local educational systems because students fleeing persecution in other countries often have increased mental health needs and sometimes require special instruction.\u003c/p>\n\u003cp>San Diego County Supervisors Nathan Fletcher and Nora Vargas, both Democrats, wrote to Alejandro Mayorkas, the U.S. homeland security secretary, on December 19, also requesting federal resources and “a comprehensive plan to ensure humane entry into the United States for those seeking asylum into our country.”\u003c/p>\n\u003cp>“When Title 42 is lifted, we will need additional resources and personnel on the ground to process and arrange for the onward travel of asylum seekers to their final destination,” they wrote. ”We will also need the federal government to set up temporary shelters on federal property to ensure access to needed social and health services. Our hospitals, our public health department, our social services, and our homeless service providers are already at maximum capacity serving vulnerable residents in San Diego.”\u003c/p>\n\u003ch2>El Cajon not ‘the governor’s neighborhood’\u003c/h2>\n\u003cp>Title 42 policy’s end “will likely increase” migration flows, the Department of Homeland Security officially said last week.\u003c/p>\n\u003cp>The burden will unfairly fall on a few border cities, Anderson said.\u003c/p>\n\u003cp>“They’re not talking about releasing people into Sacramento or putting people in the governor’s neighborhood,” said Anderson. “No, they’re talking about releasing people right here in El Cajon, where the median household income is just over $58,000 per year.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s office responded that the state has done what it can to support local jurisdictions.[pullquote align=\"right\" size=\"medium\" citation=\"Joel Anderson, supervisor, San Diego County\"]‘It is irresponsible to ask the City of El Cajon to shoulder the burden and costs necessary to address the needs of these individuals without assistance from the [state] and federal government.’[/pullquote]“While the federal government is responsible for immigration, California has invested more than any other state to ensure the safety and dignity of asylum seekers. Roughly $1 billion has been invested to provide critical services to migrants, including medical screenings, vaccinations, temporary shelter, food, clothes, and other aid. However, with looming budget deficits, the state cannot continue to fund these efforts at scale without significant support from Congress,” said Daniel Lopez, the deputy communications director for Newsom.\u003c/p>\n\u003cp>“The state has advocated for additional resources to help communities like San Diego provide services to recently arrived migrants,” Lopez added.\u003c/p>\n\u003cp>Anderson wrote to Gov. Gavin Newsom on December 14 complaining that a plan that San Diego County officials proposed to the state was rejected. Though he declined to discuss the plan’s specifics, he said it included opening a temporary emergency shelter, providing food, clothing, healthcare and wrap-around services.\u003c/p>\n\u003cp>“It is irresponsible to ask the City of El Cajon to shoulder the burden and costs necessary to address the needs of these individuals without assistance from the State and federal government,” wrote Anderson in the letter.\u003c/p>\n\u003cp>For his part, Newsom has been complaining of a lack of federal support for asylum seekers and immigrants.\u003c/p>\n\u003cp>Newsom said earlier this month that, because of the federal government’s lackluster support, the state has had to spend nearly $1 billion in the last three years, working with nonprofits to provide immigrants released from federal detention with health screenings, temporary shelter and help connecting with sponsors. The immigrants had been held at nine facilities in Imperial, San Diego and Riverside counties.\u003c/p>\n\u003cp>“With the respect to the federal government, we’ve been doing their job for the last few years at scale,” Newsom said. “But we cannot continue to absorb that responsibility.”\u003c/p>\n\u003cp>The state Legislative Analyst’s Office recently said in its annual forecast that Newsom and the Democratic Party-controlled Legislature are facing a \u003ca href=\"https://calmatters.org/california-divide/2022/12/california-budget-deficit-safety-net/\">$24 billion projected budget deficit\u003c/a> for the next fiscal year.\u003c/p>\n\u003cp>If the state enters a recession the outlook is even worse, with revenues predicted to fall short by $30 billion to $50 billion. The governor signed a record-breaking \u003ca href=\"https://calmatters.org/politics/2022/06/california-budget-deal-2/\">$308 billion budget\u003c/a> in June.[pullquote align=\"right\" size=\"medium\" citation=\"Gov. Gavin Newsom\"]‘With the respect to the federal government, we’ve been doing their job for the last few years at scale. But we cannot continue to absorb that responsibility.’[/pullquote]Advocates say that while migrants sometimes require services when they first enter the country, research shows they ultimately contribute to the larger economy. In California undocumented immigrants collectively pay $3.1 billion a year in state and local taxes, according to the \u003ca href=\"https://itep.sfo2.digitaloceanspaces.com/ITEP-2017-Undocumented-Immigrants-State-and-Local-Contributions.pdf\">Institute on Taxation and Economic Policy (PDF)\u003c/a>.\u003c/p>\n\u003cp>Meanwhile, some migrants in Mexico last week expressed disappointment, concern and confusion about the delay in lifting Title 42.\u003c/p>\n\u003cp>Several people said they had left shelters with the expectation that the order would be released last week and now they had no place to go.\u003c/p>\n\u003cp>However, the scene outside El Chaparral, a pedestrian border crossing between San Ysidro and Tijuana that has been closed since the pandemic began, looked far different than images coming out of Texas. There, members of the National Guard, armed with rifles, have put up razor wire and are blocking migrants from entering the United States.\u003c/p>\n\u003ch2>Waiting patiently, but getting desperate\u003c/h2>\n\u003cp>Here in Baja California, just south of San Diego, migrants wearing masks stood patiently in lines last week waiting for services or to receive news about any policy changes that may impact their ability to cross the border. The flow of people in the area was orderly, mirroring any other normal mid-week day during the lunch hour.\u003c/p>\n\u003cp>A migrant from Michoacán said being out on the streets in Tijuana was extremely uncomfortable for his wife, who has been diagnosed with a brain tumor. He asked not to be named because people in Tijuana were looking for him, putting him in danger.\u003c/p>\n\u003cp>“We haven’t been able to receive any help from anywhere,” he said. “We’re getting desperate.”\u003c/p>\n\u003cp>Anderson said that the county was willing to welcome asylum seekers “with open arms,” but it needs more funds to do it.\u003c/p>\n\u003cp>“Even if it’s only 10 more people coming in, that’s 10 people too many without additional funding because we already have so many people living on our streets needing services,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11936463\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11936463\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-800x533.jpg\" alt=\"A migrant mother with her baby in her arms and her daughter by her side sit among other asylum seekers in a crowded room with iron bars on windows.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Migrants line up to get health services near the free non-profit clinic in Tijuana, Mexico on Dec. 22, 2022. \u003ccite>(Carlos A. Moreno/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Newsom toured a state-funded migrant center that provides services to asylum seekers near the Imperial County border with Mexico on December 12. There the governor criticized Republicans in Congress for politicizing immigration while failing to support comprehensive reforms.\u003c/p>\n\u003cp>The Department of Homeland Security said it plans to boost resources at the border, “increasing processing efficiency, imposing consequences for unlawful entry, bolstering nonprofit capacity, targeting smugglers and working with international partners,” a DHS spokesperson said Thursday.\u003c/p>\n\u003cp>If Title 42 is ultimately lifted, the process for processing migrants at the border would return to the way it was before the start of the pandemic.\u003c/p>\n\u003cp>Asylum seekers who don’t have prior permission to be in the country would have to pass what’s called a “credible fear” test. They would have to prove to a processing agent or asylum officer that they have a well-founded fear that if they are deported home, they would face persecution.\u003c/p>\n\u003cp>After that test, migrants would either be removed from the country, detained in immigration custody or released into the U.S. to wait while their asylum cases make their way through immigration court — a \u003ca href=\"https://trac.syr.edu/immigration/reports/672/\">process that can take years\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "With a projected budget deficit of $24 billion for the next fiscal year and a possible recession, California has yet to figure out how to meet the needs of an influx of migrants when Title 42 ends.",
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"title": "Border Confusion and Financial Woes Loom as California Braces for Lifting of Title 42 in New Year | KQED",
"description": "With a projected budget deficit of $24 billion for the next fiscal year and a possible recession, California has yet to figure out how to meet the needs of an influx of migrants when Title 42 ends.",
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"headline": "Border Confusion and Financial Woes Loom as California Braces for Lifting of Title 42 in New Year",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Supreme Court’s latest move allows \u003ca href=\"https://www.nytimes.com/2022/12/27/us/politics/title-42-border-supreme-court.html\">a short-term reprieve to an anticipated increase in asylum seekers trying to cross from Mexico\u003c/a> into California and other states, but recent confusion at the border is a preview of what may soon come should a pandemic-era measure known as Title 42 be lifted in 2023.\u003c/p>\n\u003cp>The situation, and its use as a political backdrop, has prompted local officials to ask what state resources will be available next year with California facing a potential budget shortfall and the possibility that Title 42 will end.\u003c/p>\n\u003cp>Title 42 is a Trump-era immigration policy that has continued under President Joe Biden. It allows border agents to rapidly expel migrants at official ports of entry during public health emergencies. The policy has resulted in the expulsion of tens of thousands of people seeking asylum and has discouraged many others from crossing the border.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The policy states that if the U.S. surgeon general determines there is a communicable disease in another country, \u003ca href=\"https://www.law.cornell.edu/uscode/text/42/265\">health officials have the authority, with the approval of the president, to prohibit\u003c/a> “the introduction of persons and property from such countries or places” for as long as health officials determine that action is necessary.\u003c/p>\n\u003cp>The measure had been set to lift last week by order of a federal court, which would have allowed many asylum-seekers waiting in limbo at the border to go ahead and cross into the United States. Some experts say that because smugglers in Mexico use any shift in U.S. immigration policy to exploit migrants, mere conversation about the possibility of lifting Title 42 triggered even more people to try to cross into the U.S. in recent weeks.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/22a544_n758.pdf\">Supreme Court’s brief order (PDF)\u003c/a> Tuesday stayed — meaning delayed — the trial judge’s ruling that would have lifted Title 42 until the high court hears arguments in the case in February. The political and legal ping-pong in the case is hard enough for U.S. audiences to follow, making it nearly impossible to explain south of the border.\u003c/p>\n\u003cp>The Supreme Court’s order is a response to a request filed by 19 Republican-led states that they be heard in the case. It does not overrule the lower court’s decision that Title 42 is illegal; it merely leaves the measure in place while the legal challenges play out in court.\u003c/p>\n\u003cp>The federal court order that was supposed to lift Title 42 came as a result of a lawsuit brought by the American Civil Liberties Union on behalf of asylum-seeking families. Asylum is a protection codified in international law for foreign nationals who meet the legal definition of “refugee.” The United Nations 1951 Convention and 1967 Protocol define refugees as people unable or unwilling to return to their home country, and who cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980.\u003c/p>\n\u003cp>For those stuck in Mexico because of Title 42, waiting can be perilous. Human Rights First has documented more than 13,000 attacks on asylum seekers waiting in Mexico during the Biden administration.\u003c/p>\n\u003cfigure id=\"attachment_11936462\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11936462\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-800x533.jpg\" alt=\"Latinx migrants of various ages from adults to children look on with concerned expressions as they stand next to white steel barriers.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-08-copy.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Migrants wait in line while California border activists organize the group to enter the U.S. and seek asylum through the Chaparral entryway in Tijuana, Mexico on Dec. 22, 2022. \u003ccite>(Carlos A. Moreno for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Because it takes time for news of shifts in U.S. immigration policy to reach areas in rural Mexico and Central America, the numbers of migrants arriving in Tijuana and San Diego this week in anticipation of the end of Title 42 could be elevated right now — and it may take some time before those numbers drop-off as news travels, experts said. Migration numbers typically increase through the first half of the year before dropping off in the summer.\u003c/p>\n\u003cp>San Diego County Supervisor Joel Anderson, a former Republican state senator, was among a group of political leaders who recently complained that the state and federal governments have not provided the funds local leaders have requested to handle the expected influx of asylum seekers and other migrants.\u003c/p>\n\u003cp>“We’re not even talking about whether these are good policies or not,” he said. “But whatever the policy is, we become the targets of it. We’re willing to step up, but they have to step up, too, by giving us the resources we need to deal with it.”\u003c/p>\n\u003cp>He joined several local Republican and Democratic leaders in San Diego in urging in letters and news conferences that the state and the feds should provide more support ahead of the expected end of Title 42.\u003c/p>\n\u003cp>Local officials pointed to needing more funding for schools, hospitals, and police services, among other resources, if Title 42 eventually lifts. The near constant legal back-and-forth has also provided a convenient conversation starter for politicians wanting to debate larger immigration policy issues.\u003c/p>\n\u003cp>“With the state budget projecting a $25 billion deficit, I’d like to know what the plan is for our schools and to help lift all of our students,” said Andrew Hayes, board president of the Lakeside school district in rural eastern San Diego. Hayes said increases in immigration causes strains to the local educational systems because students fleeing persecution in other countries often have increased mental health needs and sometimes require special instruction.\u003c/p>\n\u003cp>San Diego County Supervisors Nathan Fletcher and Nora Vargas, both Democrats, wrote to Alejandro Mayorkas, the U.S. homeland security secretary, on December 19, also requesting federal resources and “a comprehensive plan to ensure humane entry into the United States for those seeking asylum into our country.”\u003c/p>\n\u003cp>“When Title 42 is lifted, we will need additional resources and personnel on the ground to process and arrange for the onward travel of asylum seekers to their final destination,” they wrote. ”We will also need the federal government to set up temporary shelters on federal property to ensure access to needed social and health services. Our hospitals, our public health department, our social services, and our homeless service providers are already at maximum capacity serving vulnerable residents in San Diego.”\u003c/p>\n\u003ch2>El Cajon not ‘the governor’s neighborhood’\u003c/h2>\n\u003cp>Title 42 policy’s end “will likely increase” migration flows, the Department of Homeland Security officially said last week.\u003c/p>\n\u003cp>The burden will unfairly fall on a few border cities, Anderson said.\u003c/p>\n\u003cp>“They’re not talking about releasing people into Sacramento or putting people in the governor’s neighborhood,” said Anderson. “No, they’re talking about releasing people right here in El Cajon, where the median household income is just over $58,000 per year.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s office responded that the state has done what it can to support local jurisdictions.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“While the federal government is responsible for immigration, California has invested more than any other state to ensure the safety and dignity of asylum seekers. Roughly $1 billion has been invested to provide critical services to migrants, including medical screenings, vaccinations, temporary shelter, food, clothes, and other aid. However, with looming budget deficits, the state cannot continue to fund these efforts at scale without significant support from Congress,” said Daniel Lopez, the deputy communications director for Newsom.\u003c/p>\n\u003cp>“The state has advocated for additional resources to help communities like San Diego provide services to recently arrived migrants,” Lopez added.\u003c/p>\n\u003cp>Anderson wrote to Gov. Gavin Newsom on December 14 complaining that a plan that San Diego County officials proposed to the state was rejected. Though he declined to discuss the plan’s specifics, he said it included opening a temporary emergency shelter, providing food, clothing, healthcare and wrap-around services.\u003c/p>\n\u003cp>“It is irresponsible to ask the City of El Cajon to shoulder the burden and costs necessary to address the needs of these individuals without assistance from the State and federal government,” wrote Anderson in the letter.\u003c/p>\n\u003cp>For his part, Newsom has been complaining of a lack of federal support for asylum seekers and immigrants.\u003c/p>\n\u003cp>Newsom said earlier this month that, because of the federal government’s lackluster support, the state has had to spend nearly $1 billion in the last three years, working with nonprofits to provide immigrants released from federal detention with health screenings, temporary shelter and help connecting with sponsors. The immigrants had been held at nine facilities in Imperial, San Diego and Riverside counties.\u003c/p>\n\u003cp>“With the respect to the federal government, we’ve been doing their job for the last few years at scale,” Newsom said. “But we cannot continue to absorb that responsibility.”\u003c/p>\n\u003cp>The state Legislative Analyst’s Office recently said in its annual forecast that Newsom and the Democratic Party-controlled Legislature are facing a \u003ca href=\"https://calmatters.org/california-divide/2022/12/california-budget-deficit-safety-net/\">$24 billion projected budget deficit\u003c/a> for the next fiscal year.\u003c/p>\n\u003cp>If the state enters a recession the outlook is even worse, with revenues predicted to fall short by $30 billion to $50 billion. The governor signed a record-breaking \u003ca href=\"https://calmatters.org/politics/2022/06/california-budget-deal-2/\">$308 billion budget\u003c/a> in June.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Advocates say that while migrants sometimes require services when they first enter the country, research shows they ultimately contribute to the larger economy. In California undocumented immigrants collectively pay $3.1 billion a year in state and local taxes, according to the \u003ca href=\"https://itep.sfo2.digitaloceanspaces.com/ITEP-2017-Undocumented-Immigrants-State-and-Local-Contributions.pdf\">Institute on Taxation and Economic Policy (PDF)\u003c/a>.\u003c/p>\n\u003cp>Meanwhile, some migrants in Mexico last week expressed disappointment, concern and confusion about the delay in lifting Title 42.\u003c/p>\n\u003cp>Several people said they had left shelters with the expectation that the order would be released last week and now they had no place to go.\u003c/p>\n\u003cp>However, the scene outside El Chaparral, a pedestrian border crossing between San Ysidro and Tijuana that has been closed since the pandemic began, looked far different than images coming out of Texas. There, members of the National Guard, armed with rifles, have put up razor wire and are blocking migrants from entering the United States.\u003c/p>\n\u003ch2>Waiting patiently, but getting desperate\u003c/h2>\n\u003cp>Here in Baja California, just south of San Diego, migrants wearing masks stood patiently in lines last week waiting for services or to receive news about any policy changes that may impact their ability to cross the border. The flow of people in the area was orderly, mirroring any other normal mid-week day during the lunch hour.\u003c/p>\n\u003cp>A migrant from Michoacán said being out on the streets in Tijuana was extremely uncomfortable for his wife, who has been diagnosed with a brain tumor. He asked not to be named because people in Tijuana were looking for him, putting him in danger.\u003c/p>\n\u003cp>“We haven’t been able to receive any help from anywhere,” he said. “We’re getting desperate.”\u003c/p>\n\u003cp>Anderson said that the county was willing to welcome asylum seekers “with open arms,” but it needs more funds to do it.\u003c/p>\n\u003cp>“Even if it’s only 10 more people coming in, that’s 10 people too many without additional funding because we already have so many people living on our streets needing services,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11936463\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11936463\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-800x533.jpg\" alt=\"A migrant mother with her baby in her arms and her daughter by her side sit among other asylum seekers in a crowded room with iron bars on windows.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/122222-Title-42-Migrants-MC-CM-05-copy.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Migrants line up to get health services near the free non-profit clinic in Tijuana, Mexico on Dec. 22, 2022. \u003ccite>(Carlos A. Moreno/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Newsom toured a state-funded migrant center that provides services to asylum seekers near the Imperial County border with Mexico on December 12. There the governor criticized Republicans in Congress for politicizing immigration while failing to support comprehensive reforms.\u003c/p>\n\u003cp>The Department of Homeland Security said it plans to boost resources at the border, “increasing processing efficiency, imposing consequences for unlawful entry, bolstering nonprofit capacity, targeting smugglers and working with international partners,” a DHS spokesperson said Thursday.\u003c/p>\n\u003cp>If Title 42 is ultimately lifted, the process for processing migrants at the border would return to the way it was before the start of the pandemic.\u003c/p>\n\u003cp>Asylum seekers who don’t have prior permission to be in the country would have to pass what’s called a “credible fear” test. They would have to prove to a processing agent or asylum officer that they have a well-founded fear that if they are deported home, they would face persecution.\u003c/p>\n\u003cp>After that test, migrants would either be removed from the country, detained in immigration custody or released into the U.S. to wait while their asylum cases make their way through immigration court — a \u003ca href=\"https://trac.syr.edu/immigration/reports/672/\">process that can take years\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Show up at a border crossing with Mexico and ask a U.S. official for asylum? Sign up online? Go to a U.S. embassy or consulate?\u003c/p>\n\u003cp>The Biden administration has been conspicuously silent about how migrants should enter the United States when Trump-era asylum limits end, fueling rumors, confusion and doubts about the government’s readiness despite more than two years to prepare.\u003c/p>\n\u003cp>“I absolutely wish that we had more information to share with folks,” said Kate Clark, senior director for immigration services at Jewish Family Service of San Diego, which has facilitated travel within the United States for more than 110,000 migrants released from custody since October 2018.\u003c/p>\n\u003cp>Migrants have been denied rights to seek asylum under U.S. and international law 2.5 million times since March 2020 on grounds of preventing COVID-19 under a public-health rule that was scheduled to expire Wednesday until U.S. Supreme Court Chief Justice John Roberts ordered a temporary hold. Title 42 has been applied disproportionately to those from countries that Mexico agrees to take back: Guatemala, Honduras, El Salvador and more recently Venezuela, in addition to Mexico. People from those countries are expected to drive an anticipated increase in asylum claims once the rule is lifted.[pullquote align=\"right\" size=\"medium\" citation=\"Nicolas Palazzo, attorney, Las Americas Immigrant Advocacy Center\"]‘ … [S]omeone applying for admission on CBP One is going to be given a date that is like a year out. Realistically, can they tell me with a straight face that they expect people to wait that long?’[/pullquote]Many expect the government to use CBP One, an online platform for appointment registration that was introduced in 2020. The U.S. Customs and Border Protection mobile app has had limited use for people applying for travel permits and for those tracking U.S. immigration court hearings under the now-defunct “Remain in Mexico” policy.\u003c/p>\n\u003cp>It’s expected that migrants using the app would make appointments to seek asylum in the United States, but would have to remain outside the country until their slotted time and date.\u003c/p>\n\u003cp>CBP One, which some advocacy groups oppose over data privacy concerns, may be impractical for migrants without internet access or language skills. The agency also must get the word out.\u003c/p>\n\u003cp>Nicolas Palazzo, an attorney with Las Americas Immigrant Advocacy Center in El Paso, Texas, said he worries scammers will charge migrants to sign them up and that CBP’s limited processing capacity will result in intolerable waits.\u003c/p>\n\u003cp>“Unless they plan to ramp that up significantly, someone applying for admission on CBP One is going to be given a date that is like a year out,” Palazzo said. “Realistically, can they tell me with a straight face that they expect people to wait that long?”\u003c/p>\n\u003cp>Mohamad Reza Taran, 56, left Iran on Nov. 26 after converting to Christianity and flew to Tijuana, Mexico, where U.S. border inspectors at a San Diego crossing turned him away when he asked for asylum.\u003c/p>\n\u003cp>The computer technician planned to wait to see whether he would get in immediately after Title 42 is lifted and, if not, said he would cross the border illegally, perhaps by climbing the border wall in San Diego or walking across flat desert in Yuma, Arizona. He has family in Los Angeles and sees the United States as his only option.\u003c/p>\n\u003cp>“I have nothing here,” Taran said in an interview outside a church in Tijuana, where he was searching for people who could instruct him on U.S. policies.\u003c/p>\n\u003cp>U.S. Rep. Henry Cuellar, a Texas Democrat, said CBP officials told him last week that they hoped, to the greatest possible extent, to funnel asylum-seekers through official crossings and turn back to Mexico anyone who crosses the border illegally. Doing so would likely be challenged in court because asylum law says people who enter illegally are entitled to seek protection.[aside label=\"Related Stories\" postID=\"news_11918517,news_11910789,news_11909334\"]No one disputes that the Border Patrol is woefully ill-equipped for processing — even while Title 42 kept a lid on numbers.\u003c/p>\n\u003cp>The Border Patrol paroled nearly 450,000 migrants in the United States through October — including 68,837 in October and 95,191 in September — sparing its agents the time-consuming work of issuing orders to appear in immigration court. According to a Government Accountability Office report, it typically takes at least two hours to prepare a court case, compared to a half-hour to release someone on parole.\u003c/p>\n\u003cp>Migrants paroled by Border Patrol agents are allowed to move freely within the United States and told to report to U.S. Immigration and Customs Enforcement offices at their final destinations, typically in two months.\u003c/p>\n\u003cp>The GAO report, released in September, details how the processing work dumped on ICE has hamstrung employees. As of March, ICE scheduled 15,100 appointments for families to complete processing as far out as March 2024. One ICE office reported up to 500 people a day showing up in person, most without appointments.\u003c/p>\n\u003cp>After families get a court appearance, they contend with a court system that is backlogged by more than 2 million cases, resulting in waits of several years for judges to reach decisions.\u003c/p>\n\u003cp>Waiting two years just to get on the court docket reflects a “totally collapsed” system, said Theresa Cardinal Brown, managing director of immigration and cross-border policy for the Bipartisan Policy Center.\u003c/p>\n\u003cp>Online registration using CBP One would be “antithetical to the whole concept of asylum” because it could force people to wait in unsafe places, said Melissa Crow, litigation director for the Center for Gender and Refugee Studies at the University of California Hastings College of the Law.\u003c/p>\n\u003cp>Crow and others believe CBP could process far more people than they have been.\u003c/p>\n\u003cp>Earlier this year, the agency processed up to about 1,000 Ukrainians a day at San Diego’s San Ysidro border crossing, about three times its custody capacity.\u003c/p>\n\u003cp>Since the pandemic, migrants released in San Diego have been housed in motels until leaving, usually on a flight to family and friends east of the Mississippi River, Clark said. To prepare for the end of Title 42, Jewish Family Service opened a building for families to snack, watch television and play in a courtyard after they book travel, freeing up motel rooms for new arrivals. Clark likens it to an “airport lounge.”\u003c/p>\n\u003cp>CBP has been releasing more migrants to Jewish Family Service through exemptions to the asylum limits — about 200 to 250 a day, Clark said. Others are housed by the Catholic Charities Diocese of San Diego.\u003c/p>\n\u003cp>“It’s a day we’ve been working toward for some time,” Clark said Monday, having heard nothing from CBP about how migrants will be processed after asylum limits end. She anticipates more releases but doesn’t know how many.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Many expect the government to use CBP One, an online platform for appointment registration that was introduced in 2020. The U.S. Customs and Border Protection mobile app has had limited use for people applying for travel permits and for those tracking U.S. immigration court hearings under the now-defunct “Remain in Mexico” policy.\u003c/p>\n\u003cp>It’s expected that migrants using the app would make appointments to seek asylum in the United States, but would have to remain outside the country until their slotted time and date.\u003c/p>\n\u003cp>CBP One, which some advocacy groups oppose over data privacy concerns, may be impractical for migrants without internet access or language skills. The agency also must get the word out.\u003c/p>\n\u003cp>Nicolas Palazzo, an attorney with Las Americas Immigrant Advocacy Center in El Paso, Texas, said he worries scammers will charge migrants to sign them up and that CBP’s limited processing capacity will result in intolerable waits.\u003c/p>\n\u003cp>“Unless they plan to ramp that up significantly, someone applying for admission on CBP One is going to be given a date that is like a year out,” Palazzo said. “Realistically, can they tell me with a straight face that they expect people to wait that long?”\u003c/p>\n\u003cp>Mohamad Reza Taran, 56, left Iran on Nov. 26 after converting to Christianity and flew to Tijuana, Mexico, where U.S. border inspectors at a San Diego crossing turned him away when he asked for asylum.\u003c/p>\n\u003cp>The computer technician planned to wait to see whether he would get in immediately after Title 42 is lifted and, if not, said he would cross the border illegally, perhaps by climbing the border wall in San Diego or walking across flat desert in Yuma, Arizona. He has family in Los Angeles and sees the United States as his only option.\u003c/p>\n\u003cp>“I have nothing here,” Taran said in an interview outside a church in Tijuana, where he was searching for people who could instruct him on U.S. policies.\u003c/p>\n\u003cp>U.S. Rep. Henry Cuellar, a Texas Democrat, said CBP officials told him last week that they hoped, to the greatest possible extent, to funnel asylum-seekers through official crossings and turn back to Mexico anyone who crosses the border illegally. Doing so would likely be challenged in court because asylum law says people who enter illegally are entitled to seek protection.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>No one disputes that the Border Patrol is woefully ill-equipped for processing — even while Title 42 kept a lid on numbers.\u003c/p>\n\u003cp>The Border Patrol paroled nearly 450,000 migrants in the United States through October — including 68,837 in October and 95,191 in September — sparing its agents the time-consuming work of issuing orders to appear in immigration court. According to a Government Accountability Office report, it typically takes at least two hours to prepare a court case, compared to a half-hour to release someone on parole.\u003c/p>\n\u003cp>Migrants paroled by Border Patrol agents are allowed to move freely within the United States and told to report to U.S. Immigration and Customs Enforcement offices at their final destinations, typically in two months.\u003c/p>\n\u003cp>The GAO report, released in September, details how the processing work dumped on ICE has hamstrung employees. As of March, ICE scheduled 15,100 appointments for families to complete processing as far out as March 2024. One ICE office reported up to 500 people a day showing up in person, most without appointments.\u003c/p>\n\u003cp>After families get a court appearance, they contend with a court system that is backlogged by more than 2 million cases, resulting in waits of several years for judges to reach decisions.\u003c/p>\n\u003cp>Waiting two years just to get on the court docket reflects a “totally collapsed” system, said Theresa Cardinal Brown, managing director of immigration and cross-border policy for the Bipartisan Policy Center.\u003c/p>\n\u003cp>Online registration using CBP One would be “antithetical to the whole concept of asylum” because it could force people to wait in unsafe places, said Melissa Crow, litigation director for the Center for Gender and Refugee Studies at the University of California Hastings College of the Law.\u003c/p>\n\u003cp>Crow and others believe CBP could process far more people than they have been.\u003c/p>\n\u003cp>Earlier this year, the agency processed up to about 1,000 Ukrainians a day at San Diego’s San Ysidro border crossing, about three times its custody capacity.\u003c/p>\n\u003cp>Since the pandemic, migrants released in San Diego have been housed in motels until leaving, usually on a flight to family and friends east of the Mississippi River, Clark said. To prepare for the end of Title 42, Jewish Family Service opened a building for families to snack, watch television and play in a courtyard after they book travel, freeing up motel rooms for new arrivals. Clark likens it to an “airport lounge.”\u003c/p>\n\u003cp>CBP has been releasing more migrants to Jewish Family Service through exemptions to the asylum limits — about 200 to 250 a day, Clark said. Others are housed by the Catholic Charities Diocese of San Diego.\u003c/p>\n\u003cp>“It’s a day we’ve been working toward for some time,” Clark said Monday, having heard nothing from CBP about how migrants will be processed after asylum limits end. She anticipates more releases but doesn’t know how many.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "'Waste of Federal Funds': ICE Ends Contract With Northern California Jail After Years of Outrage Over Conditions",
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"content": "\u003cp>Federal immigration officials are terminating their detention contract with a Northern California county jail, the last public facility in the state to hold immigrants fighting deportation, KQED has learned. The news comes after years of public outcry over substandard and dangerous conditions in the facility.\u003c/p>\n\u003cp>A spokesperson for U.S. Immigration and Customs Enforcement said Friday the agency has provided the Yuba County Jail in Marysville 60 days' notice and will terminate the $8.7 million-a-year contract on Feb. 8.[pullquote align=\"right\" size=\"medium\" citation=\"US Rep. Zoe Lofgren (D-San José)\"]'ICE has made the proper decision to terminate its contract with the Yuba County Jail. The facility consistently failed to meet ICE's own detention standards and was a waste of federal funds.'[/pullquote]“It’s in the agency’s best interest to terminate agreements with an operationally unnecessary facility and utilize taxpayer resources more efficiently by housing noncitizens at other locations,” the spokesperson said in a statement.\u003c/p>\n\u003cp>ICE is currently holding just four people at the jail, though it is paying for a nightly minimum of 150 beds. For two months in 2021, no ICE detainees were housed there.\u003c/p>\n\u003cp>U.S. Rep. Zoe Lofgren (D-San José) applauded the news, saying, “ICE has made the proper decision to terminate its contract with the Yuba County Jail. The facility consistently \u003ca href=\"https://www.ice.gov/doclib/foia/odo-compliance-inspections/yubaCoJailMarysvilleCA_Apr5-9_2021.pdf\">failed to meet ICE’s own detention standards (PDF)\u003c/a> and was a waste of federal funds.”\u003c/p>\n\u003cp>Lofgren was one of 24 California Democratic members of Congress who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">sent a letter to ICE last year\u003c/a> calling on the agency to stop using Yuba and two privately run detention facilities in the state.\u003c/p>\n\u003cfigure id=\"attachment_11934903\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11934903\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg\" alt='Protesters on street hold a banner that reads \"Not One More Detention, Not One More Deportation\"' width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than a dozen people gather by ICE offices in San Francisco on Dec. 15, 2021. They called on the agency to terminate its detention contract with Yuba County Jail. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The letter read, in part: “Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled. In July 2020, guards retaliated against two men peacefully protesting poor conditions related to COVID-19 by ripping up their mattresses and denying them access to phone calls, mail, and soap.”\u003c/p>\n\u003cp>The Yuba County Jail has been under the supervision of a federal judge since 1979, in a \u003ca href=\"https://rbgg.com/wp-content/uploads/Yuba-CountyAmended-Consent-Decree-FINAL-08-10-18.pdf\">consent decree (PDF)\u003c/a> requiring the facility to correct deficiencies in medical and mental health care and access to exercise and recreation.\u003c/p>\n\u003cp>Immigrant rights advocates, who have \u003ca href=\"https://www.kqed.org/news/11899490/protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants\">pushed for years to close the facility\u003c/a> and other immigration detention centers, celebrated the news.\u003c/p>\n\u003cp>“I'm overwhelmed with joy and a lot of emotion,” said Edwin Carmona-Cruz of the California Collaborative for Immigrant Justice. “This is really years in the making.”[aside label=\"Related Stories\" postID=\"news_11835611,news_11597341,news_11917597\"]Carmona-Cruz, whose group is part of the \u003ca href=\"https://www.ccijustice.org/yuba-liberation-coalition\">Yuba Liberation Coalition\u003c/a>, credited the courage of detained immigrants who waged hunger strikes and spoke out about medical neglect and other dangers.\u003c/p>\n\u003cp>“This also reminds me of all of the people that we fought to get out,” he said. “This victory is really for them, because they came out publicly about the conditions inside, risking retaliation.”\u003c/p>\n\u003cp>Yuba County, meanwhile, will lose a multimillion-dollar revenue stream from the ICE contract, which dates back to 1994. It has ensured ICE a “guaranteed minimum” of 150 beds at all times, at the rate of $158.13 a day per bed, regardless of whether or not they are occupied, according to an April 28, 2020, \u003ca href=\"https://www.aclunc.org/sites/default/files/Received_2022.02.02_2012_2020_IGSA_Contract_Amendments.pdf\">contract modification (PDF)\u003c/a> between ICE and the county.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">revenue has helped the rural county\u003c/a>, north of Sacramento, weather economic downturns over the years. But at one point during the COVID-19 pandemic, all ICE detainees were released, partly due to a federal court order aimed at \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">preventing an outbreak\u003c/a> of the virus inside.\u003c/p>\n\u003cp>“Before COVID restrictions, our jail averaged close to 175 detainees,” said Yuba County Sheriff Wendell Anderson in a statement Friday. “That number has gradually decreased and it’s understandable that it no longer fiscally makes sense for ICE to continue the contract.”\u003c/p>\n\u003cp>Under President Joe Biden, the Department of Homeland Security has discontinued use of several other ICE detention facilities, including ones in Massachusetts, Georgia, Alabama and Florida. Most recently, ICE announced it is terminating its contract with the Berks County immigrant detention center in Pennsylvania, effective at the end of January.\u003c/p>\n\u003cp>ICE has adopted wider use of so-called “\u003ca href=\"https://www.ice.gov/detain/detention-management\">alternatives to detention\u003c/a>,” including GPS ankle monitors, under the Biden administration, but roughly 30,000 people are currently in ICE custody.\u003c/p>\n\u003cfigure id=\"attachment_11934902\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11934902\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg\" alt=\"A barred cell in Yuba jail.\" width=\"640\" height=\"427\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut-160x107.jpg 160w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">The hallway leading to sections of the jail, including the H-tank, where several inmates have tried to commit suicide by hanging themselves from bars. \u003ccite>(Courtesy of Rosen Bien Galvan and Grunfeld LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California all the remaining ICE detention facilities are operated by large private prison companies. They include the Otay Mesa Detention Center in San Diego and the Adelanto facility in San Bernardino County, which Lofgren and other members of Congress \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">flagged in a letter to DHS last year\u003c/a> for “dire conditions.” And they include the Mesa Verde and Golden State Annex facilities, which were the subject of \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-padilla-correa-ca-dems-call-dhs-investigation-ca-detention-centers\">another letter\u003c/a> from Democratic members to DHS Secretary Alejandro Mayorkas in September, raising alarm about “abusive and retaliatory” treatment of detainees. That letter cited \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">KQED’s reporting\u003c/a> on a labor strike by detained immigrants.\u003c/p>\n\u003cp>In its statement on the contract termination with Yuba County, ICE said it “works to ensure an appropriate detention footprint and will continue to evaluate the operation of each of its facilities to ensure its resources are effectively utilized.”\u003c/p>\n\u003cp>Advocates, meanwhile, insist ICE should not be locking up any immigrants going through deportation proceedings. ICE detention is not a punishment for a crime, it’s a form of civil detention, though it commonly feels punitive for those incarcerated.\u003c/p>\n\u003cp>“People who are fighting immigration cases don't need to be detained. There is absolutely no reason,” said Carmona-Cruz. “People fight their cases in the community with their families every single day without having to be in detention.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal immigration officials are terminating their detention contract with a Northern California county jail, the last public facility in the state to hold immigrants fighting deportation, KQED has learned. The news comes after years of public outcry over substandard and dangerous conditions in the facility.\u003c/p>\n\u003cp>A spokesperson for U.S. Immigration and Customs Enforcement said Friday the agency has provided the Yuba County Jail in Marysville 60 days' notice and will terminate the $8.7 million-a-year contract on Feb. 8.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“It’s in the agency’s best interest to terminate agreements with an operationally unnecessary facility and utilize taxpayer resources more efficiently by housing noncitizens at other locations,” the spokesperson said in a statement.\u003c/p>\n\u003cp>ICE is currently holding just four people at the jail, though it is paying for a nightly minimum of 150 beds. For two months in 2021, no ICE detainees were housed there.\u003c/p>\n\u003cp>U.S. Rep. Zoe Lofgren (D-San José) applauded the news, saying, “ICE has made the proper decision to terminate its contract with the Yuba County Jail. The facility consistently \u003ca href=\"https://www.ice.gov/doclib/foia/odo-compliance-inspections/yubaCoJailMarysvilleCA_Apr5-9_2021.pdf\">failed to meet ICE’s own detention standards (PDF)\u003c/a> and was a waste of federal funds.”\u003c/p>\n\u003cp>Lofgren was one of 24 California Democratic members of Congress who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">sent a letter to ICE last year\u003c/a> calling on the agency to stop using Yuba and two privately run detention facilities in the state.\u003c/p>\n\u003cfigure id=\"attachment_11934903\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11934903\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg\" alt='Protesters on street hold a banner that reads \"Not One More Detention, Not One More Deportation\"' width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS52945_IMG_4596-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than a dozen people gather by ICE offices in San Francisco on Dec. 15, 2021. They called on the agency to terminate its detention contract with Yuba County Jail. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The letter read, in part: “Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled. In July 2020, guards retaliated against two men peacefully protesting poor conditions related to COVID-19 by ripping up their mattresses and denying them access to phone calls, mail, and soap.”\u003c/p>\n\u003cp>The Yuba County Jail has been under the supervision of a federal judge since 1979, in a \u003ca href=\"https://rbgg.com/wp-content/uploads/Yuba-CountyAmended-Consent-Decree-FINAL-08-10-18.pdf\">consent decree (PDF)\u003c/a> requiring the facility to correct deficiencies in medical and mental health care and access to exercise and recreation.\u003c/p>\n\u003cp>Immigrant rights advocates, who have \u003ca href=\"https://www.kqed.org/news/11899490/protestors-demand-ice-stop-using-yuba-jail-to-detain-undocumented-migrants\">pushed for years to close the facility\u003c/a> and other immigration detention centers, celebrated the news.\u003c/p>\n\u003cp>“I'm overwhelmed with joy and a lot of emotion,” said Edwin Carmona-Cruz of the California Collaborative for Immigrant Justice. “This is really years in the making.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Carmona-Cruz, whose group is part of the \u003ca href=\"https://www.ccijustice.org/yuba-liberation-coalition\">Yuba Liberation Coalition\u003c/a>, credited the courage of detained immigrants who waged hunger strikes and spoke out about medical neglect and other dangers.\u003c/p>\n\u003cp>“This also reminds me of all of the people that we fought to get out,” he said. “This victory is really for them, because they came out publicly about the conditions inside, risking retaliation.”\u003c/p>\n\u003cp>Yuba County, meanwhile, will lose a multimillion-dollar revenue stream from the ICE contract, which dates back to 1994. It has ensured ICE a “guaranteed minimum” of 150 beds at all times, at the rate of $158.13 a day per bed, regardless of whether or not they are occupied, according to an April 28, 2020, \u003ca href=\"https://www.aclunc.org/sites/default/files/Received_2022.02.02_2012_2020_IGSA_Contract_Amendments.pdf\">contract modification (PDF)\u003c/a> between ICE and the county.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">revenue has helped the rural county\u003c/a>, north of Sacramento, weather economic downturns over the years. But at one point during the COVID-19 pandemic, all ICE detainees were released, partly due to a federal court order aimed at \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">preventing an outbreak\u003c/a> of the virus inside.\u003c/p>\n\u003cp>“Before COVID restrictions, our jail averaged close to 175 detainees,” said Yuba County Sheriff Wendell Anderson in a statement Friday. “That number has gradually decreased and it’s understandable that it no longer fiscally makes sense for ICE to continue the contract.”\u003c/p>\n\u003cp>Under President Joe Biden, the Department of Homeland Security has discontinued use of several other ICE detention facilities, including ones in Massachusetts, Georgia, Alabama and Florida. Most recently, ICE announced it is terminating its contract with the Berks County immigrant detention center in Pennsylvania, effective at the end of January.\u003c/p>\n\u003cp>ICE has adopted wider use of so-called “\u003ca href=\"https://www.ice.gov/detain/detention-management\">alternatives to detention\u003c/a>,” including GPS ankle monitors, under the Biden administration, but roughly 30,000 people are currently in ICE custody.\u003c/p>\n\u003cfigure id=\"attachment_11934902\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11934902\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg\" alt=\"A barred cell in Yuba jail.\" width=\"640\" height=\"427\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS26106_G-H-I-Hallways-rec_d-11-10-15-qut-160x107.jpg 160w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">The hallway leading to sections of the jail, including the H-tank, where several inmates have tried to commit suicide by hanging themselves from bars. \u003ccite>(Courtesy of Rosen Bien Galvan and Grunfeld LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California all the remaining ICE detention facilities are operated by large private prison companies. They include the Otay Mesa Detention Center in San Diego and the Adelanto facility in San Bernardino County, which Lofgren and other members of Congress \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">flagged in a letter to DHS last year\u003c/a> for “dire conditions.” And they include the Mesa Verde and Golden State Annex facilities, which were the subject of \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-padilla-correa-ca-dems-call-dhs-investigation-ca-detention-centers\">another letter\u003c/a> from Democratic members to DHS Secretary Alejandro Mayorkas in September, raising alarm about “abusive and retaliatory” treatment of detainees. That letter cited \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">KQED’s reporting\u003c/a> on a labor strike by detained immigrants.\u003c/p>\n\u003cp>In its statement on the contract termination with Yuba County, ICE said it “works to ensure an appropriate detention footprint and will continue to evaluate the operation of each of its facilities to ensure its resources are effectively utilized.”\u003c/p>\n\u003cp>Advocates, meanwhile, insist ICE should not be locking up any immigrants going through deportation proceedings. ICE detention is not a punishment for a crime, it’s a form of civil detention, though it commonly feels punitive for those incarcerated.\u003c/p>\n\u003cp>“People who are fighting immigration cases don't need to be detained. There is absolutely no reason,” said Carmona-Cruz. “People fight their cases in the community with their families every single day without having to be in detention.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"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",
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"politicalbreakdown": {
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"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",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"source": "kqed",
"order": 16
},
"link": "/podcasts/rightnowish",
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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},
"snap-judgment": {
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