WHAT ARE DETENTION CENTERS?
Detention center of immigrants on Ellis island was used for those who had diseases or bad health
Most passed through a matter of hours
1952 immigration and Nationality Act established that immigrants could be held for no more than 90 days
President Ronald Reagan ordered detention centers to discourage Haitian immigrants from entering the u.s.
For-profit detention centers depend financially on stream of detained immigrants
There are only a few detention centers that are run by ICE
This creates incentive to detain more people
con: detention centers are ineffective because data is inaccurate to determine what happens to those leave detention
34,000 people in detention centers because of the “bed quotas”
detainees do not have a right to legal counsel and the government does not provide a lawyer as a result the average stay is 34 days and volunteer lawyers have said that many people are held for much longer than that
CONDITIONS INSIDE DETENTION CENTERS
Immigrants awaiting immigration proceedings are at risk for sexual abuse, most sexual assault cases are not investigated
The Adelanto detention facility and San Diego Contract Detention facilities hold women, LGBTQ and gender non-conforming people which are at a higher risk for sexual assault
Privately run facilities have less gov. oversight
California Department of Justice should establish sexual assault hotline for immigrants in detention centers to replace ICE hotline that went unchecked
Parents usually provide consent for medical treatment but unaccompanied immigrant children do not have their parents to consent this results in
Reports of shelters pressuring detained minors into consenting to medical treatment
Children have been medicated with psychotropic drugs, sometimes by forced injections and mentions of overmedication
Teenagers are allowed by law to provide consent for health procedures such as sexually transmitted diseases, substance abuse and health disorders
Reports by ProPublica DHS told staff to file a report every time a teen refused to take medication, this pressures teenagers to take medications because report could cause delay in reuniting with family
Reports by advocacy organizations, interviews with detainees and DHS office of inspector general, have seen horrible conditions in the centers like lack of bedding, no bathing facilities, constant light exposure, not enough food and water and very cold temperatures
Some children and families are kept longer than 72 hrs and denied access to medical care
“Children pass through many CBP facilities that provide limited medical screening”
Visits to detention centers showed that ICE was giving inappropriate immunizations, delayed medical care and had limited health services
Office of Inspector General (OIG) published a report on detention facilities operated by Customs and Border Protection (CBP) for the Department of Homeland Security (DHS)
Conditions inside:
Cells exceeding maximum capacities
35 maximum capacity, 155 detainees
8 maximum capacity, 41 detainees
They were wearing soiled clothing for as long as weeks
Children at three of these facilities did not have access to showers
Most adults had not showered in months
Standing rooms
Diet included only bologna sandwiches, through which some were constipated and required medical attention
Children were and are being held in these conditions for more than weeks
These unsanitary conditions are defended by the Department of Justice, stating that safe and sanitary does not require sleep, toothbrushes, or soap
CBP reported the death of 6 children and 4 adults in this fiscal year
A man committed suicide after CBP forcibly took away his child and placed him in a detention facility
Risk of the health for everyone inside these detention centers due to the unmaintained conditions
INCIDENTS THAT HAVE OCCURRED
Legally all minors can only be held in custody for no more than three days!
“Children are not like adults. They get sick more quickly and each hour of delay can be associated with serious complications, especially in cases of infectious diseases. Delays can lead to death,” Dr. Julie Linton, co-chair of the immigrant health special interest group at the American Academy of Pediatrics, told NBC News.”
“The most recent known case is that of Carlos Gregorio Hernández Vásquez. The teenager died in CBP custody this month after being diagnosed with the flu, an infectious disease.”
“In December, medical examiners concluded that 7-year-old Jakelin Caal Maquin, who also died in CBP custody, succumbed to "a rapidly progressive infection" that shut down her vital organs. CBP sent Jakelin on a 90-mile bus ride to another location after she was taken into custody, even though her father had told officials she was vomiting and feeling ill before they left.”
“1-year-old Mariee Juarez died after being released from U.S. Immigration and Customs Enforcement custody. Mariee died from complications of a respiratory illness her mother and lawyers say she allegedly developed while detained.”
“Wilmer Josué Ramírez Vásquez, a 2½-year-old, died this month after being detained by Border Patrol in early April and spending about a month in a hospital, where he was diagnosed with pneumonia.”
“Carlos, 16, had been held in such a facility before being diagnosed with influenza A. He died May 20. The teenager had spent one week in CBP custody, even though legally he should have not been there for more than three days.”
“Felipe Gómez Alonzo, 8, also was held in CBP custody for nearly one week before he died on Christmas Eve. Medical investigators later determined the boy had been suffering from the flu while he was under the agency’s care.”
“Juan de León Gutiérrez, 16, died of health complications under ORR care on April 30 after officials at a detention facility in Texas noticed he was sick.”
EFFECTS ON INDIVIDUALS
ENDANGERMENT OF CHILDREN
The Office of Refugee Resettlement received 4,556 sexual assault accusations from October 2014 to July 2018
1,303 taken to the justice department, 178 accusing staff
Reports of watching children showering, kissing children, and raping children
FOSTER CARE
In 2012, 67,339 unaccompanied children tracked by the Department of Homeland Security, the majority from Central American countries
These children are at most risk and need more health services due to past traumatic events ( human trafficking, gang violence, and sexual abuse)
35% were placed into a federal long term foster care system which takes months+
UC continuously struggle w/ legal status and can still face deportation
more legal assistance needed
SO WHAT?
The above and more violate the following:
William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008
Unaccompanied children must be transferred to shelters run by the Office of Refugee Resettlement (ORR) within 72 hours by the CBP except in some circumstances
Flores Agreement, a court settlement agreement enforced by the District Court of Central California
Children must not be detained for a duration longer than 3 days
CBP detention is not legally required
Section 212(d)(5(A) of the Immigration and Nationality Act
DHS has the authority to let immigrants entry into the country in cases of “urgent humanitarian reasons or significant public benefit”
This can imply to the extreme conditions inside these detention centers
Some believe that there are security reasons regarding release
There are half as many criminals in even though there were twice as many apprehensions
Other than for crossing illegally, there were only 1,214 apprehensions for criminal convictions
0.15% of all apprehensions as of July of 2019
It is not the daily intake of immigrants, but the daily output, CBP processes immigration within a couple of days, but they are not releasing them
What Should Be Done?
CBP must stop detaining human beings in inhumane conditions
Release of those who are not of a public safety threat
Stop rejection of those seeking asylum
Expansion of legal immigration options for Central America
Work permits, family reunification, refugee settlements
Can reduce the incentive to come into America illegally and can help improve the conditions of these detention centers
(Solution to kids being coerced into accepting medical treatment)
Child advocate program has advocates that serve as a third party in determining if child actually wants to consent
However, the program only helped 321 children (2015)
Program should be expanded because program also it also advocates for family reunification and release from detention centers
(Solution for children’s mental health)
Trauma informed approach to help families in detention centers to spot symptoms of trauma and provide help to recover in this way pediatricians can help attorneys (evidence) by helping with child’s immigration case
Basic understanding of different forms of legal help can aid pediatricians get medical history and evidence that would help support legal claims of children seeking asylum
Alternative: community-based case management should be implemented, which would end detention centers
In this setting, families live their lives like regular people do
They comply with immigration proceedings when they are provided with info about rights and responsibilities