Immigration

Obama Rejects Legally Enforceable Rules for Immigrant Detainees

Published July 29, 2009 @ 08:00AM PT

From the NY Times yesterday:

The Obama administration has refused to make legally enforceable rules for immigration detention, rejecting a federal court petition by former detainees and their advocates and embracing a Bush-era inspection system that relies in part on private contractors.

The decision, contained in a six-page letter received by the plaintiffs this week, disappointed and angered immigration advocacy organizations around the country. They pointed to a stream of newly available documents that underscore the government’s failure to enforce minimum standards it set in 2000, including those concerning detainees’ access to basic health care, telephones and lawyers, even as the number of people detained has soared to more than 400,000 a year.

This decision puts the Obama administration's commitment to rule of law for immigrant detainees in doubt.  Predictability, transparency, and regularity are all undermined by the current absence of binding rules regarding treatment of detainees.

The fact that DHS responded as it did, and only after being ordered to do so by a federal judge after stonewalling advocates on this issue for two and a half years, does not say good things about the administration's approach to immigration detention.  "Trust us, we will do what is right," is not a viable model where the government forcibly imprisons an already-vulnerable population.  Especially when there is ample evidence that DHS does not do what is right.  This appears to be another instance where "continuity" with the Bush administration, not "change," is the watchword for Obama's DHS.

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Comments (18)

  1. Aayyy, can the news get any worse? (don't answer!)

    Just a heads up: There was a great interview on Democracy Now today with Roberto Lovato and Aarti Shahani on the expansion of the 287(g) program under Obama's watch.

    http://ofamerica.wordpress.com/2009/07/29/democracy-now-interview-on-obamas-other-racial-profiling-problem-287g/

    Posted by a d on 07/29/2009 @ 07:32PM PT

  2. Jessica Carmona

    Seriously, I am getting disappointed.  I had high hopes for Mr. President.  If he lets us down, I will never vote ever.  Having our families together should be the most important thing on his agenda.  Health care can wait, it is not making children grow up without their parents, so it is not more important than families being reunited.

    Posted by Jessica Carmona on 07/29/2009 @ 09:10PM PT

  3. Wire Paladin

    Aren't we spending enough resources incarcerating our own?

    Immigrants come here by choice, therefore their detention is by choice. At any moment they can be released by uttering the words: "I will leave the country".  

    People who are being detained are those who choose to fight their deportation. Comply with your deportation order, and you get a 'get out of jail free' card. 

    Posted by Wire Paladin on 07/30/2009 @ 01:33AM PT

  4. Jessica Carmona

    What a completely ignorant comment.  You obviously have NO idea how the detention works and what happens there.  If you know nothing about things, then you should shut your mouth before you make yourself look like a complete fool!  Their detention is not by choice.  They are NOT criminals.

    "At any moment they can be released by uttering the words: "I will leave the country"."
    You are so completely ignorant if you think that is how it works.  People do not just leave the country as soon as they say they want to leave.  It is at ICE's discretion when people leave.  You think they put these people on a plane, one at a time.. whenever they decide they want to leave?  WRONG!  They hold them until they have seen an immigration judge.  Then even if these people plead to be taken back to their country, they are held until ICE has enough people to fill up a plane.  There are people in ICE's custody from ALL over the world.  So people who came from places where there aren't many people coming into the USA have to wait forever until they can fill a plane going to that country.

    "People who are being detained are those who choose to fight their deportation. Comply with your deportation order, and you get a 'get out of jail free' card."
    Again.. completely based on your opinion and your thoughts of how things go.  This is not what happens.  People being detained are all of them caught.  The lucky ones FIGHTING their deportation get an ankle tracking bracelet and are allowed to be home while their case continues, as it can take years for someone to fight deportation.  The unlucky ones stay in jail, treated like criminals.  Visits are through glass as if they are so vicious they can't have contact with their own children/family.

    Do research and know what you are talking about or shut up.

    Posted by Jessica Carmona on 07/30/2009 @ 12:44PM PT

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  5. Jessica Carmona

    Oh yea, remember the post Dave made a few weeks ago about ICE detaining people LEAVING the USA???

    Posted by Jessica Carmona on 07/30/2009 @ 12:47PM PT

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  6. Wire Paladin

    Sorry, let me modify my comment.

    Provide your own transport out of the US, and you get a 'get out of jail free' card 

    Posted by Wire Paladin on 07/30/2009 @ 03:21PM PT

  7. Mary Pranzatelli

    (Sorry, let me modify my comment.)

    Wire, you are completely ignorant with your comments. You are completely insensitive to make that remark to Jessica "my fellow American" who has had her family so inhumainly ripped apart under this broken immigration system. Before modifying your comment you might want to modify your brain.

    Posted by Mary Pranzatelli on 07/30/2009 @ 08:43PM PT

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  8. Mary Pranzatelli

    (Aayyy, can the news get any worse? (don't answer!)

    Just a heads up: There was a great interview on Democracy Now today with Roberto Lovato and Aarti Shahani on the expansion of the 287(g) program under Obama's watch.)

    Hey Analisa, Didn't get a chance yet to click onto the link but I will read it after this post.

    I just got back from a Democratic fundraiser for my brother and I was happy to hear the county treasurer talking about "287(g)" Morristown, NJ and the Issue and the people I talked to were not happy about "287(g)" and the expansion of detention contracts.

    Mainly, the conversation was about candidates using "Immigration" the national issue as a wedge issue to rally up voters through using stereotype soundbites and trying to "promote hatred" throughout elections. This tactic is seriously backfiring. Americans are concerned with finding solutions to the complex issues we face and recognize the rhetoric.

    As crazy as this sounds; when Immigration is used as a wedge issue in this manner it brings the issue to the plate. When both candidates are neutral the issue just gets buried. I do think that on a state level they need to discuss the issue of driver's license's.

     

    Posted by Mary Pranzatelli on 07/30/2009 @ 09:01PM PT

  9. Wire Paladin

    Jessica;

    treated like criminals because they are criminals.

    Apply the duck test.

     

    Posted by Wire Paladin on 07/31/2009 @ 10:58PM PT

  10. Lisa See

    I work with 'immigrants' who are being held in detention.  One of the primary reasons they fight their deportation is because they have a right to stay in this country.  Many are married to US citizens, have US citizen children, US citizen parents, grandparents, etc.  I have many families where the person in detention was the primary breadwinner for the US citizen family and when that person is held in prison or deported often times the family ends up on Foodstamps and Welfare.  Legal permanent residents are also picked up and held indefinitely for petty misdemeanor offenses committed years ago.  Many are ultimately released but at a huge cost to their families, their communities and the taxpayers.  This country is too enamored of putting people in prison.  For the majority of situations it is nothing more than a huge waste of talent and money.

    Posted by Lisa See on 08/09/2009 @ 12:46PM PT

  11. Mary Pranzatelli

    I agree with you Lisa. A group asked me to actually train to go into the prisons but Id rather work outside advocating. I really think that it is a wonderful thing that you are doing and you have to be strong to go into those prisons face to face with those people. I know that I am a very sensitive person and when I see a sad movie I cry in a heartbeat so I made a decision not to go into the prisons because I am scared that I would break down into tears. What I am doing is working with a group in NJ that handles the letters of detainees and we communicate their requests and we advocate for them. The detainees in our area happen to be immigrants with immigration violations in the cases that you are talking about. Their contracts happen to have them mixed in the jails with the regular detainees that have committed hard crimes which is very dangerous for them.

    Posted by Mary Pranzatelli on 08/09/2009 @ 09:01PM PT

  12. Reply to thread
  13. L.S. hope

     Mr. Bennion, aside from The Dream Act; what do you want? President Bush, looked the other way, as thousands of undocumented immigrants flooded this country. If Bush would have been doing his job, Obama wouldn't be looking like the bad guy. You know as well as I do, if these immigrants were not detained, they would be working for slave wages, and living in poverty in our country.

       So, I guess my question isn't, "what do you want?" It should be; "How can we make immigration fair; for the immigrant, and the rest of our county?"

    Posted by L.S. hope on 07/30/2009 @ 10:01AM PT

  14. Dave Bennion

    You have not yet made a comment I feel is worth responding to.

    Posted by Dave Bennion on 07/30/2009 @ 08:36PM PT

  15. Mary Pranzatelli

    As far as the Obama administration goes. We need Immigration reform ASAP....and this is what was promised to us when we so diligently campaigned for CHANGE.

    There should be healthcare, phones, and lawyers available to immigrants in detention. These immigrants usually can not contact people on the outside when they are in detention. This is a sick game DHS plays at the expense of our taxdollars and Americans are learning more and more about it. What is not exposed in the mainstream news becomes exposed on these blogs. I say; "shift the focus" if they do not want to cut contracts and jobs then shift these jobs into jobs that are productive and "positive" in our country.

    Plant trees! expand mass transit....repair bridges...hire more hospital workers!..after school childrens programs...anything but splitting up family's and hireing more cops to do it! Do cops really want to split up familys? My guess is NO!

    Posted by Mary Pranzatelli on 07/30/2009 @ 09:11PM PT

  16. L.S. hope

    Okay Mr. Bennion, don't respond then. I just think there are reasonable solutions, that we might be over looking.

      I don't know if you've thought about it, but if Obama, somehow manages to push his health care reform through Congress; your cause will most likely take a negative blow. If Americans think they'll have to pay for immigrants health care, as well as their own....(I'm not sure what will happen, but look at the resistance on Americas part, when you even suggest sharing this country.)(Yes, I know many immigrants are gainfully employed.)

      

    Posted by L.S. hope on 07/31/2009 @ 01:08AM PT

  17. Reply to thread
  18. Mary Pranzatelli

    ( I don't know if you've thought about it, but if Obama, somehow manages to push his health care reform through Congress; your cause will most likely take a negative blow. If Americans think they'll have to pay for immigrants health care, as well as their own....I'm not sure what will happen)

    I can tell you what will happen. If Obama passes his plan. Americans will want all Immigrants to pay into the system so therefore the numbers will go up even more with people that will insist on amnesty for the undocumented. Right now there are 64% of Americans that want Immigration Reform and they want the Immigrants to have amnesty.

    Posted by Mary Pranzatelli on 08/09/2009 @ 09:07PM PT

  19. Mark  Lindley

    More skewerd polls quoted.  It is ludicrous to suggest that we amnesty millions to add them to our already over stressed out healthcare system.   Here is the U.S. there are 416 patients to every doctor now compared to 2 o 3 hundred in other countries.  It isn't just about the costs but the patient to doctor ratio.

    Posted by Mark Lindley on 08/10/2009 @ 05:58AM PT

  20. Mary Pranzatelli

    (It is ludicrous to suggest that we)

    You have to be careful Mark when you use the word "WE". Your sentence should have been written like this: It is ludicrous to suggest that I want amnesty for millions.....bla, bla, bla.

    Mark, Pew poll is an accurate poll and it shows that 63% of Americans want the Immigration bill to pass. That poll did include a sample of people like you in it. You can come up with any statement you want but the question people will and do ask is: Is anything Mark says believable? You see Mark, Americans are savvy on the issues these days. They know the healthcare system is stressed and realize that the undocumented are undocumented and exploited for cheap labor. They also know the reasonable way to fix the problem is to put them on a path to citizenship and make sure they have legal access to contributing to society the same way every other American can.

    The vast majority of Americans do not twist their religions around to find ways to go against their fellow mankind...so my suggestion is that you drop the religious "rhetoric" on this issue because religious or not someone is going to show you where your church leaders are steering you wrong on the bible just for their own political gains and the personal investments made so Immigration is left broken for $$$$. That $$$$ is comming out of every Americans tax dollars and "WE" are not ignorant to what is going on. Pew poll shows that 63% of Americans want Amnesty and that is because of 2 reasons. Americans do not believe familys should be split "it is inhumane" and they also care about their $$$$$.

    Posted by Mary Pranzatelli on 08/10/2009 @ 06:59AM PT

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Dave Bennion

David is an attorney in Philadelphia, PA, where he helps immigrants to the U.S. navigate the complex immigration legal system. Views he expresses at change.org are his alone and don't represent the views or opinions of his employer, Nationalities Service Center. The information contained on this site is intended for educational and advocacy purposes only.

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