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ICE kept a California immigrant in solitary confinement for two years, study finds

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U.S. Immigration and Customs Enforcement used solitary confinement at its detention facilities more than 14,000 times between 2018 and 2023, including one California immigrant detainee who was held for 759 days, according to a report published Tuesday.

The report found that solitary placements at ICE facilities lasted on average about a month. Nearly half exceeded 15 days.

Solitary confinement is used in ICE detention facilities as a form of punishment as well as to protect certain at-risk immigrants.

Human rights groups say the practice is harmful and should be scaled back dramatically at all U.S. prisons and detention facilities. The United Nations has called solitary confinement longer than 15 consecutive days a form of torture.

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ICE in recent years has come under fire from state officials and human rights groups for its reliance on the practice, and a lack of proper oversight and monitoring.

The 71-page report — one of the most expansive looks to date into ICE’s use of solitary confinement — was conducted by researchers at Physicians for Human Rights, Harvard Law School and Harvard Medical School. It was based on internal ICE records at 125 detention facilities obtained through litigation under the Freedom of Information Act.

Researchers said ICE’s use of solitary confinement and the time periods involved were both on track to grow in 2023, though its data was only collected through Sept. 13.

“The harms are just so well established — they’re incontrovertible,” said Sabrineh Ardalan, director of the Harvard Immigration and Refugee Clinic. “That’s why the failure to make any significant change is shocking.”

ICE spokesperson Mike Alvarez said the agency places detainees in isolation only after careful consideration of alternatives.

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“Administrative segregation placements for a special vulnerability should be used only as a last resort,” Alvarez said. “Segregation is never used as a method of retaliation.”

About 700 solitary placements lasted at least 90 days, and 42 lasted more than a year, according to the report.

The longest completed instance of solitary confinement was that of a Mexican woman held at Otay Mesa Detention Center in San Diego for 759 consecutive days until Dec. 2, 2019. Her placement was coded as “detainee requested” and the reasoning was listed as “other,” though the record also showed a disciplinary infraction for fighting, said Arevik Avedian, director of empirical research services at Harvard Law School.

Two other cases were longer, but they were not included in the report because they were still ongoing at the Northwest ICE Processing Center in Tacoma, Wash., as of Sept. 13 — for 817 and 811 days, respectively.

ICE standards generally limit disciplinary isolation to 30 days per violation. But administrative segregation, regarded as non-punitive and intended for the detainee’s safety, can be indefinite.

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ICE didn’t list the isolated immigrants’ mental health status in every record. But in the nearly 8,800 records that did include mental health information, about 40% documented mental health conditions.

For people identified as transgender, the average length of solitary confinement was two months, researchers said.

Alvarez said ICE doesn’t place detainees in solitary confinement solely because of mental illness unless directed or recommended to do so by medical staff. Detainees are often placed there because they request protective custody, as a result of a disciplinary hearing or to quarantine if no medical housing is available.

Detainees with mental health issues are under the care of medical professionals, he said, and are removed from solitary confinement if they determine it has resulted in a deterioration of their health and an appropriate alternative is available.

About 38,500 immigrants were being held by ICE as of Jan. 28, according to TRAC, a nonpartisan research organization at Syracuse University. Two-thirds of those detained have no criminal record and many others have only minor offenses, such as traffic violations.

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ICE has said it is moving to reduce its use of solitary confinement over the past decade.

The agency issued a 2013 directive limiting its use, particularly for people with vulnerabilities, such as disabilities or mental illness.

A 2015 memo emphasized protections for transgender people, specifying that solitary confinement “should be used only as a last resort.”

A 2022 directive strengthened protections and reporting requirements for people with mental health conditions in solitary confinement.

Detainees held in solitary confinement are isolated in small cells away from the general population for up to 24 hours a day and have minimal contact with other people. Prolonged solitary confinement is known to cause adverse health effects, including risk of suicide and brain damage.

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In California, Gov. Gavin Newsom vetoed a 2022 bill that would have regulated and significantly reduced solitary confinement in jails, prisons and ICE facilities.

Watchdog reports have repeatedly identified failures in ICE’s approach to and oversight of solitary confinement.

In 2021, the California Department of Justice issued a review of ICE detention in the state, with comprehensive looks at three privately operated facilities. Cal DOJ found little distinction between the conditions for detainees in administrative isolation as for those held for disciplinary reasons. The agency also found that detainees with mental illnesses were held in solitary confinement despite the isolation worsening their conditions.

“Most detainees in segregation are in their cells for 22 hours a day and when they are allowed outside they are generally recreating in individual cages,” the California report stated.

The same year, a report by the Department of Homeland Security’s Office of Inspector General found that ICE failed to consistently comply with reporting requirements for solitary confinement. Investigators analyzed records from fiscal years 2015 to 2019 and found ICE hadn’t maintained evidence showing it considered alternatives to isolation in 72% of solitary confinement placements.

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Citing that report, Democratic senators, including the late Dianne Feinstein and Sen. Alex Padilla of California, pressed ICE leaders about the agency’s “excessive and seemingly indiscriminate use of solitary confinement,” calling it a long-standing problem.

A 2022 report by the U.S. Government Accountability Office found that information about detainee vulnerabilities and explanations of what led to their placement in solitary confinement were inconsistent. The GAO analyzed solitary confinement placements from 2017 through 2021 and found that about 40% were for disciplinary reasons and 60% were for administrative reasons, such as protective custody.

ICE says facility staff are required to offer people in administrative segregation the same privileges as those in general housing, including recreation, visitation, access to the law library and phones. They could also spend additional time out of isolation socializing or doing voluntary work assignments such as cleaning. Privileges for those in disciplinary segregation vary based on the amount of supervision required.

But two dozen formerly detained people interviewed by the report authors described having limited or no access to phone calls, recreation, medical care and medications.

Karim Golding, 39, of Jamaica was detained by ICE from 2016 to 2021. At the Etowah County Detention Center in Alabama, which ICE stopped using in 2022 because of its “long history of serious deficiencies,” Golding said he spent nearly two months in solitary confinement after testing positive for COVID-19. He now lives in New York.

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Golding said that during the height of the pandemic, as the facility allowed busloads of new detainees in without following proper distancing or isolation guidelines, he urged the staff to provide tests. He and other detainees submitted dozens of sick calls requesting tests.

When the staff finally complied, he and several others were placed in solitary after testing positive for the coronavirus. He said he believes the move was retaliatory.

Golding remembers sometimes spending 40 hours at a time in his dingy 8×10-foot cell with holes in the concrete walls and no access to a shower. The isolation was lonely, he recalled.

“I went to sleep one night and woke up suffocating in the cell,” he said. “I started to cry because there was no panic button inside these cells. There was no officer, anything for help.”

Two other detainees reached by The Times said they were held in solitary confinement at facilities in Texas and Louisiana for several days while on a hunger strike.

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As a candidate, President Biden pledged to end the use of solitary confinement in federal prisons. He signed an executive order in 2022 promising to ensure incarcerated people are “free from prolonged segregation.”

Authors of Tuesday’s report called on Biden to phase out the use of solitary confinement in immigration detention.

“There is still time,” Ardalan said. “This is one legacy he could leave from his administration.”

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Politics

Who Is Coming to the Inauguration — and Who Isn’t

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Who Is Coming to the Inauguration — and Who Isn’t

Three of the richest men in the world, foreign dignitaries, tech and business executives, former presidents and an assortment of performers and other celebrities are on the guest list for President-elect Donald J. Trump’s inauguration on Monday, even as much of the midday ceremony has been moved indoors amid forecasts of extreme cold.

It is unclear what impact, if any, the relocation of Mr. Trump’s second swearing-in ceremony into the Capitol Rotunda will have on the seating arrangements. Unlike the outdoor venue, the Capitol Rotunda only seats about 600 people.

Four years ago, Mr. Trump skipped President Biden’s inauguration in a snub to his political rival. Every living former president is set to witness his return to power, but some prominent Democrats are opting out.

Here’s the list of those who are planning to attend the inauguration, and notable no-shows.

Elon Musk, Mark Zuckerberg and Jeff Bezos, three of the world’s wealthiest men, were reported to be among the major tech executives who would sit in a position of honor on the dais at Mr. Trump’s inauguration — before the event was moved indoors. Tim Cook, the chief executive of Apple, and Shou Chew, the chief executive of the imperiled social media app TikTok, had also been invited to sit on the dais.

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Seating for other high-dollar donors from the business world was already highly competitive even before the last-minute move indoors. Some offered donations to Mr. Trump’s inaugural committee as high as $1 million without receiving any access to the inauguration or accompanying receptions in return.

China’s vice president, Han Zheng, will attend the inauguration on behalf of Xi Jinping, whom Mr. Trump had invited to the inauguration.

Unlike at the inaugurations of President Biden and former President Barack Obama, a number of other world leaders will be in attendance. Many of them share Mr. Trump’s ideology and policy preferences.

From Latin America, Javier Milei, the right-wing populist president of Argentina, is reportedly planning to make an appearance. Jair Bolsonaro, the former president of Brazil and another right-wing populist, had intended to attend, but his passport was previously seized by federal police in Brazil and his request to a Brazilian Supreme Court justice to make the trip was denied.

From Europe, Giorgia Meloni, the right-wing prime minister of Italy, affirmed that she planned to attend. The press secretary of Viktor Orban, the prime minister of Hungary who has a friendly rapport with Mr. Trump, told a Hungarian media outlet that the prime minister had received an invitation but would not be attending.

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Three representatives from key U.S. allies in the Asia-Pacific region will also be attending: S. Jaishankar, the external affairs minister for India; Penny Wong, the foreign minister of Australia; and Takeshi Iwaya, the foreign minister of Japan.

Mr. Obama, George W. Bush and Bill Clinton will all attend Mr. Trump’s inauguration — as they did his first inauguration, eight years ago. They will not, however, attend a traditional lunch with the president-elect on that day, according to NBC News.

Former Vice President Mike Pence is also planning to attend the inauguration, according to two people with knowledge of the planning. He received an invitation, as is the custom for all former presidents and vice presidents.

Carrie Underwood will sing “America the Beautiful” at Mr. Trump’s inauguration, according to a program of events. Victor Willis, the last surviving founding member of the Village People — whose music Mr. Trump frequently plays at this political rallies — announced on Facebook on Monday that the group had accepted an invitation to participate in Mr. Trump’s inaugural activities.

NBC News also reported that several athletes and musicians would be in attendance: They include Antonio Brown, the football player; Mike Tyson, the boxer; Jorge Masvidal, the martial arts fighter; and Evander Kane, the hockey player. The musicians Anuel AA, Justin Quiles, Rod Wave, Kodak Black and Fivio Foreign will also attend, NBC said.

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Mr. Obama is scheduled to attend, but Michelle Obama, the former first lady, will not. A statement from Mrs. Obama’s office did not specify a reason for the scheduled absence but noted that she had not attended another event this month: She did not accompany her husband to the funeral of former President Jimmy Carter, which every other living former president and first lady attended.

Representative Nancy Pelosi, the former speaker of the House and a chief antagonist of Mr. Trump during his first term in office, will also skip the inauguration. Ms. Pelosi, 84, is still recovering from a hip replacement after falling while on an official trip to Luxembourg, but she has been attending votes in the House. A spokesman would not specify why she would not attend, but there is long-running acrimony between Mr. Trump and Ms. Pelosi.

Democratic members of Congress who have announced or told reporters of their plans to skip the inauguration include: Representative Adam Smith of Washington, Representative Judy Chu of California, Representative Delia Ramirez of Illinois, Representative Donald S. Beyer Jr. of Virginia, Representative Steve Cohen of Tennessee, Representative Jasmine Crockett of Texas, Representative Ilhan Omar of Minnesota and Representative Veronica Escobar of Texas.

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Trump wants to visit China again after he takes office: report

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Trump wants to visit China again after he takes office: report

President-elect Trump is discussing the possibility of visiting China again as president with aides, according to a report. 

The incoming president, who takes office on Monday, visited Beijing during his first term in 2017, and spoke to Chinese President Xi Jinping over the phone on Friday. 

Trump has been threatening China with tariffs but has told advisers that he wants to strengthen ties with the communist country with the visit, possibly even traveling there within his first 100 days in office, the Wall Street Journal reported, citing sources familiar with the matter.

“I just spoke to Chairman Xi Jinping of China. The call was a very good one for both China and the U.S.A.,” Trump wrote on Friday on Truth Social. “It is my expectation that we will solve many problems together, and starting immediately. We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!” 

HOUSE DEMS THREATEN TO BLOCK TRUMP’S BIG TARIFF PLANS: ‘UNACCEPTABLE’

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President-elect Trump is discussing the possibility of visiting China again as president with aides, according to WSJ report.  (Qilai Shen/Bloomberg via Getty Images)

He didn’t say if they had spoken about a visit. 

Fox News Digital has reached out to the Trump transition team for comment. 

It is also possible Xi could come to the White House for a visit, the Journal reported.

TRUMP LEAVES CHINA GUESSING WHAT HIS NEXT MOVE IS WITH UNUSUAL INAUGURATION INVITATION

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Trump shaking hands with Xi

Then-President Trump shakes hands with Chinese President Xi Jinping at the Great Hall of the People in Beijing, China, Nov. 9, 2017.  (Qilai Shen/Bloomberg via Getty Images)

Xi also met with Trump at Mar-a-Lago in Florida in 2017. 

Xi was invited to Trump’s Monday inauguration – no senior Chinese official has ever attended a U.S. presidential inauguration – but Chinese Vice President Han Zheng will be attending instead, in a first. 

Trump and Xi plan to establish a strategic communication channel, China said of their Friday phone call, adding that Trump said he was “looking forward to meeting with President Xi as soon as possible.”

Hang Zheng speaking

Chinese Vice President Han Zheng will attend Trump’s inauguration.  ( Lionel Ng/Bloomberg via Getty Images)

Trump has also mentioned the possibility of going to India to aides, the Journal reported. 

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Trump expected to survey Los Angeles-area wildfire damage next week

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Trump expected to survey Los Angeles-area wildfire damage next week

President-elect Donald Trump will likely visit the Los Angeles area next week to view the wildfire damage, he said on Saturday. The trip is expected to be his first outside the nation’s capital after being inaugurated Monday.

“I will be, probably, at the end of the week. I was going to go, actually yesterday, but I thought it would be better if I went as president,” Trump told NBC’s Kristen Welker in a phone interview. “It’s a little bit more appropriate, I suspect.”

Representatives for Trump did not respond to requests for comment on Saturday.

At least 27 people have died and more than 12,000 structures have been destroyed during the catastrophic fires in Pacific Palisades, Altadena and surrounding communities. Asked whether he would sign disaster relief for the region after being inaugurated, Trump said his response will be conditioned to demand policy changes in California.

“We’re going to be [looking] at it from a lot of standpoints,” he said. “We’re going to be demanding that the water be released from the north into the lower parts of California.”

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Asked whether he has spoken with Gov. Gavin Newsom, who Trump has called on to resign over his wildfire response, the president-elect said he had not.

Newsom’s office invited Trump to view the devastation last week.

The governor’s office said that the president-elect’s transition team acknowledged receipt of the invitation but had not otherwise responded.

“As our invitation says, we hope Trump comes to California to see the devastation, to meet firefighters and survivors, and to get the facts instead of sniping from the sidelines,” the governor’s office said in a statement Saturday.

Times staff writer Taryn Luna in Sacramento contributed to this report.

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