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Volunteers Report on Treatment of Immigrant Detainees
TRENTON, NJ
(By Nina Bernstein, NYT)
April 28, 2010
―
It is the routine violations that have been most shocking to the small
bands of suburban volunteers who visit immigration detainees in New
Jersey jails.
Things like visits cut short after 15 minutes, following two-hour waits
outside in the rain. Transfers from jail to jail that isolate detainees
for months, even when volunteers are asking to see them. And the pillows
— only five pillows for more than 100 detainees, who had devised a
seniority system to share them.
The shortage of pillows really got to Daniel Cummings, a high school
teacher who began visiting the Middlesex County Adult Correctional
Institute last spring as part of a local group formed after the death of
a 72-year-old detainee there.
“To me, that was such a basic issue,” Mr. Cummings said Wednesday of the
pillow shortage, contrasting the everyday injustices he sees as a jail
visitor with the Obama administration’s promise to transform the
immigration detention system into “truly civil” detention. “Like, let’s
treat these people as humans.”
The voices of citizen volunteers like Mr. Cummings, 26, fill a new
report that points to harsh conditions and arbitrary visiting
restrictions imposed by a half-dozen New Jersey jails where Immigration
and Customs Enforcement holds thousands of noncitizens each year while
it tries to deport them.
Many of the restrictions could be changed immediately, the report
contends. It is to be released on Thursday by the American Friends
Service Committee, the New York University Immigrant Rights Clinic and
New Jersey Advocates for Immigrant Detainees, a coalition of religious
and advocacy groups.
The report also describes how volunteer visitors have been trying to
fill the gap in accountability: advocating for a seriously ill detainee
denied his heart medication for weeks, foiling what it called the
cover-up of one guard’s abuse and persuading jailers to supply the
pillows required under detention standards.
But the pillow victory was short-lived. When the Middlesex County
Freeholders dropped the county’s contract with Immigration and Customs
Enforcement last fall, all the detainees in its jail were transferred.
Many ended up at the Essex County Correctional Facility in Newark, where
they have neither pillows nor access to visits from the volunteers, the
report said.
Officials at Immigration and Customs Enforcement said Wednesday evening
that they had not seen the report, but pointed to measures and plans to
increase oversight and address detainee mistreatment.
“This administration is committed to immigration detention reform and
has taken important steps to fundamentally change the detention system,”
Brian P. Hale, a spokesman, said in an e-mail message.
Volunteers were unable to reach most of the transferred detainees
because of restrictive visiting rules that change from jail to jail,
said Karin Wilkinson, the leader of Middlesex First Friends, the group
that Mr. Cummings joined. It enlisted two law students in the N.Y.U.
rights clinic, Ruben Loyo and Carolyn Corrado, whose efforts were also
stymied for months. But what the students learned in the process led
them to write the report.
“In theory, I knew a lot about detention,” said Mr. Loyo, 24, who worked
on a detention-reform bill last summer as a Congressional intern. “But
the reality — I really didn’t know the reality of immigration
detention.”
Among the most distressing situations, Mr. Loyo said, was that of Angela
Joseph, a New Yorker who for three years had devoted hours each week to
get 15-minute visits with her brother Warren Joseph at the Hudson County
jail, where there are no weekend visits and weekday visits end at 6:15
p.m.
Mr. Joseph, a Trinidadian-American, a decorated veteran of the Persian
Gulf war who had served eight years in the Army and suffered from
depression and post-traumatic stress syndrome, eventually won his fight
against deportation. A federal court ruled that his conviction for
carrying a gun across state lines was not an aggravated felony under
immigration law. But after three years of unnecessary detention, Mr.
Loyo said, the victory was bittersweet.
The citizen volunteers, who have stepped up their efforts to penetrate
the jails, are mostly drawn from churches and synagogues, said Gregory
Sullivan, 78, a retired banker, who leads First Friends, one of the
oldest groups.
Others are motivated by political activism. “These are just ordinary
citizens of New York and New Jersey that we bring in,” he said. Most of
the restraints imposed on immigration detainees by jails are the rules
set for their criminal-justice population, he said.
“In their haste to dump detainees in the county jails because it’s
convenient and cheap,” Mr. Sullivan said, Immigration and Customs
Enforcement “overlooked the discrepancies with the standards ICE itself
has proclaimed.”
Mr. Sullivan’s group is beginning to expand its visits from the
Elizabeth Detention Center to the Hudson County Correctional Institute,
in Kearny But the Essex County and Bergen County jails have rebuffed
efforts to institute a sign-up sheet for detainees to request visits, he
said. At the Monmouth County Correctional Institute, Ms. Wilkinson’s
group has been unable to set up regular visits like those it arranged in
Middlesex. Even a brief outside presence is meaningful to those locked
away far from relatives; 84 percent of them have no lawyer, and none
have any way to know when they will be freed, Ms. Wilkinson said.
In one case that Ms. Wilkinson followed, an African man fighting to stay
in the United States because of fear of persecution at home was abruptly
transferred to the Essex jail on the same day that an immigration judge
ruled in his case. Two weeks passed before he learned that the judge had
ruled against him, leaving him only 15 days, instead of 30, to file an
appeal.
“He was so upset that his court papers hadn’t come, he wrote me a
six-page letter,” Ms. Wilkinson said. “He wrote, ‘It’s unjust justice.’
” Two weeks ago, she was able to visit him at Essex, a huge jail topped
by concertina wire. But that entailed standing in line for more than two
hours, she said, for less than 20 minutes’ conversation through a
plexiglass barrier.
“You wait outside,” she said. “Men, women, children in the rain.”
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