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Louisiana law sweeps 17-year-olds arrested for lesser crimes into adult court • Louisiana Illuminator

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Louisiana law sweeps 17-year-olds arrested for lesser crimes into adult court • Louisiana Illuminator


In February, a prosecutor from a rural area outside Baton Rouge asked members of Louisiana’s Senate judiciary committee to imagine a frightening scene: You are home with your wife at 4 a.m. when suddenly a 17-year-old with a gun appears. The teenager won’t hesitate, District Attorney Tony Clayton said. “He will kill you and your wife.”

According to Clayton, teenagers were terrorizing the state without fear of consequences. The only way to stop them was to prosecute all 17-year-olds in adult court, regardless of the offense, and lock them up in prison. Law enforcement officials from around the state made similar arguments. Legislators quickly passed a bill that lowered the age at which the justice system must treat defendants as adults from 18 to 17.

But according to a review of arrests in the five months since the law took effect, most of the 17-year-olds booked in three of the state’s largest parishes have not been accused of violent crimes. Verite News and ProPublica identified 203 17-year-olds who were arrested in Orleans, Jefferson and East Baton Rouge parishes between April and September. A total of 141, or 69%, were arrested for offenses that are not listed as violent crimes in Louisiana law, according to our analysis of jail rosters, court records and district attorney data.

Just 13% of the defendants — a little over two dozen — have been accused of the sort of violent crimes that lawmakers cited when arguing for the legislation, such as rape, armed robbery and murder. Prosecutors were able to move such cases to adult court even before the law was changed.

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The larger group of lesser offenses includes damaging property, trespassing, theft under $1,000, disturbing the peace, marijuana possession, illegal carrying of weapons and burglary. They also include offenses that involve the use of force, such as simple battery, but those are not listed in state law as violent crimes either, and they can be prosecuted as misdemeanors depending on the circumstances.

In one case in New Orleans, a boy took a car belonging to his mother’s boyfriend without permission so he could check out flooding during Hurricane Francine last month, according to a police report. When the teen returned the car, the front bumper was damaged. The boyfriend called police and the teen was arrested for unauthorized use of a vehicle. In another case, a boy was charged with battery after he got into a fight with his brother about missing a school bus.

In July, a 17-year-old girl was charged with resisting arrest and interfering with a law enforcement investigation. She had shoved a police officer as he was taking her older sister into custody for a minor charge resulting from a fight with another girl. None of those defendants have had an opportunity to enter a plea so far; convictions could result in jail or prison time of up to two years.

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In juvenile court, teenagers facing charges such as these could be sentenced to a detention facility, but the juvenile system is mandated to focus on rehabilitation and sentences are generally shorter than in adult court, juvenile justice advocates said. And in the juvenile system, only arrests for violent crimes and repeat offenses are public record. But because these 17-year-olds are in the adult system, they all have public arrest records that can prevent them from getting jobs or housing.

Rachel Gassert, the former policy director for the Louisiana Center for Children’s Rights, said there was one word to describe what she felt when Verite News and ProPublica shared their findings: “Despair.”

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Eight years ago, Gassert and other criminal justice advocates convinced lawmakers to raise the age for adult prosecution from 17 to 18 years old, pointing to research that shows that the human brain does not fully develop until early adulthood and that youth are more likely to reoffend when they are prosecuted as adults. The law enacted this spring was the culmination of a two-year effort to reverse that.

“The whole push to repeal Raise the Age was entirely political and all about throwing children under the bus,” Gassert said. “And now we are seeing the tire treads on their backs.”

Gov. Jeff Landry’s office, Clayton and state Sen. Heather Cloud, R-Turkey Creek, who sponsored the bill to roll back Raise the Age, did not respond to requests for comment. The Louisiana District Attorneys Association, which supported the bill, declined to comment.

The whole push to repeal Raise the Age was entirely political and all about throwing children under the bus. And now we are seeing the tire treads on their backs.

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– Rachel Gassert, former policy director, Louisiana Center for Children’s Rights

Louisiana is the only state to have passed and then fully reversed Raise the Age legislation. It’s one of four states, along with Georgia, Texas and Wisconsin, that automatically prosecute all 17-year-olds as adults. In other states, 17-year-olds can be prosecuted as adults only in special circumstances, such as when they are charged with a serious, violent crime like murder.

Landry and his Republican allies argued that Raise the Age and other liberal policies were responsible for a pandemic-era uptick in violent offenses committed by juveniles in Louisiana. They said juvenile courts, where a sentence can’t extend past a defendant’s 21st birthday, are too lenient.

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Juvenile justice advocates argued that the law would cause teenagers to be prosecuted as adults for behaviors that are typical for immature adolescents. These 17-year-olds would face long-lasting consequences, including arrest records and prison time. And the harm would fall largely on Black children. Nearly 9 out of every 10 of the 17-year-olds arrested in Orleans and East Baton Rouge parishes are Black, Verite News and ProPublica found. (A similar figure couldn’t be calculated for Jefferson Parish because some court records weren’t available.)

Opponents of the law also pointed out that the data didn’t show a link between enacting the Raise the Age legislation and a surge in violent crime. In 2022, when then-Attorney General Landry and others first tried to repeal the law, crime data analyst Jeff Asher said in a legislative hearing that Louisiana’s increase in homicides during the pandemic was part of a national trend that began before Raise the Age was passed.

“It happened in red states. It happened in blue states. It happened in big cities, small towns, suburbs, metro parishes,” Asher told lawmakers. Starting in 2023, data has shown a significant drop in homicides in Louisiana and nationwide.

Conservative lawmakers dismissed Asher’s numbers and instead cited horrific crimes committed by teenagers, such as the brutal killing of 73-year-old Linda Frickey amid a surge in carjackings in New Orleans in 2022. In that incident, four teenagers between 15 and 17 years old stole Frickey’s SUV in broad daylight. One of them kicked, punched and pepper-sprayed her as he pulled her out of the vehicle, according to court testimony. Frickey, who had become tangled in her seat belt, was dragged alongside the vehicle. Landry argued that teenagers who commit such heinous crimes must be punished as adults.

Opponents said the Frickey case instead showed why the law wasn’t needed: District attorneys in Louisiana have long had the discretion to move cases involving the most serious crimes out of juvenile court, which is what Orleans Parish District Attorney Jason Williams did. Three girls who took part in the carjacking pleaded guilty to manslaughter and were each sentenced to 20 years in prison; the 17-year-old who attacked Frickey and drove her car was found guilty of second-degree murder and sentenced to life in prison.

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After the attempt to repeal the Raise the Age law failed in 2022, lawmakers passed a bill in 2023. It was vetoed by Democratic Gov. John Bel Edwards. “Housing seventeen year olds with adults is dangerous and reckless,” Edwards said in a written statement at the time. “They often come out as seasoned criminals after being victimized.”

This year, with Landry in lockstep with the Republican supermajority in the Legislature, the law sailed through. For Landry, who was elected on an anti-crime platform, the law’s passage fulfilled a campaign pledge. When the law took effect, he declared, “No more will 17-year-olds who commit home invasions, carjack, and rob the great people of our State be treated as children in court.”

Louisiana Gov. Jeff Landry gives his address in the House Chamber on opening day of the regular legislative session, Monday, March 11, 2024, at the Louisiana State Capitol in Baton Rouge. (John Ballance/The Advocate, Pool)

Now these teenagers are treated as adults from arrest to sentencing. In New Orleans, that means that when a 17-year-old is arrested, police no longer alert their parents, a step that department policy requires for juveniles, according to a department spokesperson. It’s not clear if law enforcement agencies elsewhere in the state have made a similar change.

All 17-year-olds arrested in New Orleans are now booked into the Orleans Parish jail, where those charged with crimes not classified as violent have spent up to 15 days before being released pending trial. Though the jail separates teens from adults, it has been under a court-ordered reform plan since 2013 after the Department of Justice found routine use of excessive force by guards and rampant inmate-on-inmate violence. Federal monitors said in May that violence remains a significant problem, although they acknowledged conditions have improved somewhat. The sheriff has agreed with this assessment, blaming understaffing.

Most of the cases involving 17-year-olds in Orleans, Jefferson and East Baton Rouge parishes are pending, according to court records and officials in those offices. Several defendants have pleaded guilty. Prosecutors have declined to file charges in a handful of cases. Many defendants are first-time offenders who should be eligible for diversion programs in which charges will eventually be dropped if they abide by conditions set by the court, according to officials with the Orleans and Jefferson Parish district attorneys.

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None of the DAs in Orleans, Jefferson or East Baton Rouge parishes took a position on the law, according to officials in those offices and news reports. Williams, the Orleans Parish DA, responded to Verite News and ProPublica’s findings by saying his office is holding “violent offenders accountable” while providing alternatives to prison for those teenagers “willing to heed discipline and make a real course correction.”

Margaret Hay, first assistant district attorney with Jefferson Parish, declined to comment on Verite and ProPublica’s findings except to say, “We’re constitutionally mandated to uphold and enforce the laws of the state of Louisiana.” East Baton Rouge District Attorney Hillar Moore declined to comment.

Having a felony arrest or conviction on your record is like wearing a heavy yoke around your neck.

– Aaron Clark-Rizzio, legal director, Louisiana Center for Children’s Rights

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Even those who avoid prison face the long-term consequences of going through the adult court system. Background checks can reveal arrests and convictions, which could prevent them from obtaining a job, housing, professional licenses, loans, government assistance such as student aid or food stamps, or custody of their children.

“Having a felony arrest or conviction on your record,” said Aaron Clark-Rizzio, legal director for the Louisiana Center for Children’s Rights, “is like wearing a heavy yoke around your neck.”

Marsha Levick, chief legal officer with the Juvenile Law Center, a nonprofit law firm based in Philadelphia, said that what’s happening in Louisiana reminds her of the late 1990s, when states toughened punishments for juveniles after a noted criminologist warned of a generation of “super predators.” That theory was eventually debunked — but not before tens of thousands of children had been locked up and saddled with criminal records.

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Mariam Elba contributed reporting and Jeff Frankl contributed research to this article.

Do you have a story to share regarding a 17-year-old facing criminal charges in Louisiana? Contact Richard Webster at [email protected].

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This article first appeared on Verite News and is republished here under a Creative Commons license.



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‘Culture of abuse’: A glimpse at complaints inside Louisiana and Texas ICE detention centers holding Mahmoud Khalil and Badar Khan Suri | CNN

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‘Culture of abuse’: A glimpse at complaints inside Louisiana and Texas ICE detention centers holding Mahmoud Khalil and Badar Khan Suri | CNN




CNN
 — 

Five-point shackles over open wounds. Foul-smelling milk provided in solitary confinement. Feces left in shower cells.

These incidents and others were reported to the ACLU and other legal aid providers between 2022 and 2024 by detainees at the Central Louisiana ICE Processing Center – where Columbia University graduate student and Palestinian activist Mahmoud Khalil, facing possible deportation, has been locked up for two weeks. About 370 miles away, at a different facility in Texas, Georgetown University research fellow Badar Khan Suri faces a similar fate following a Trump administration order to crack down on pro-Palestinian demonstrations on college campuses.

Khan Suri was transferred Friday from the Alexandria Staging Facility in Louisiana – where his lawyers said he was unable to get any contact with the outside world – to the Prairieland Detention Facility in Texas.

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“ICE detention centers are … effectively black boxes. They are deliberately placed in remote areas where they are out of sight from the public and difficult for families and legal representation to visit,” said Jeff Migliozzi, communications director with Freedom for Immigrants, a national advocacy group monitoring civil rights issues in immigration detention.

The Central Louisiana ICE Processing Center, with a capacity of 1,160 people, is in the small town of Jena, home to more than 4,100 people. About an hour away is a 72-hour holding facility in Alexandria, where Khan Suri was held. Detainees there are either immediately deported or transferred to another facility. The facilities are hours from metro areas such as Baton Rouge and New Orleans.

They are among the state’s nine Immigration and Customs Enforcement detention centers and staging areas. Like many ICE facilities across the country, they are privately operated.

ICE did not respond to a request for comment about the conditions at its Louisiana facilities, but its policies indicate detention is non-punitive. The GEO Group, the corporation that runs the facility where Khalil is being held, has denied abuse allegations.

Louisiana, which grew into a locus of detention during President Donald Trump’s first administration, has the second-largest contingent of ICE detainees in the nation, trailing only Texas, according to the Transactional Records Access Clearinghouse.

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Detainees are cut off from support systems and subjected to “a culture of abuse” at Louisiana’s detention centers, said Anthony Enriquez, the vice president of US advocacy and litigation at Robert F. Kennedy Human Rights, which advocates for civil rights and social justice issues. The non-profit champions the causes pushed by the late senator, and it’s not affiliated with US Health and Human Services Secretary Robert F. Kennedy Jr.

Detainees face limited phone access, severe mistreatment, inadequate medical care and poor living conditions, he and other legal experts and immigration advocates told CNN.

Detainees have reported similarly inhumane conditions in Texas ICE facilities, which for years have been plagued by reports from immigration attorneys of medical neglect, extensive use of solitary confinement, allegations of mistreatment of transgender people and shortcomings in sexual assault prevention.

Prairieland Detention Center, a 782-bed facility that opened during the first Trump administration, is in a rural area of North Texas.

Khalil’s and Khan Suri’s lawyers and relatives say their treatment has been in line with the detention centers’ reputation. They have had limited communication at the three facilities. In Louisiana, Khalil had delayed access to medication and meal accommodations were not made for Khan Suri.

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Their cases are part of a series of arrests and deportation proceedings the Trump administration has brought against people associated with US colleges and universities, sending shockwaves across the academic community and raising concerns about the protection of free speech.

As the Trump administration continues attempts to deport international university students who protested Israel’s war in Gaza, Khalil and Khan Suri await next steps as their lawyers challenge their detention.

Khalil, a legal permanent US resident married to a US citizen, has eaten little because of the stress of detention – even after fasting 12 hours a day for Ramadan, his eight-months-pregnant wife, Noor Abdalla, said in a statement of support. A stomach ulcer Khalil has had for years may worsen without proper care, and he wasn’t provided his daily medication until two days after he arrived in Jena, Abdalla said.

Khalil played a central role last year in student-led protests demanding a ceasefire in Gaza.

The Trump administration has accused Khalil – without providing evidence – of being a terrorist sympathizer and supporting Hamas. Khalil’s lawyers accuse the administration of targeting him for participating in demonstrations in support of Palestinians, violating his First and Fifth Amendment protections.

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After immigration officers arrested Khalil outside his New York apartment March 8, he was taken to the Central Louisiana ICE Processing Center. Abdalla – who is unable to fly to Louisiana – says she’s concerned for Khalil’s well-being.

“​​I felt like Mahmoud had been kidnapped from our home, and no one could tell me where he was or what was happening to him,” she said.

On March 19, a federal judge ordered Khalil’s case be transferred from New York to New Jersey, where Khalil was briefly held before his transfer to Louisiana. Now Khalil will have to remain in Louisiana until a New Jersey judge decides whether he should be transferred. Khalil’s lawyers told CNN they were unable to provide comment on his experience at the detention center “given ongoing safety and security concerns.”

He remains detained ahead of an immigration hearing April 8.

The Central Louisiana ICE Processing Center is considered “one of the worst immigration detention centers in the country” by Robert F. Kennedy Human Rights and other advocacy groups for its “years-long record of human right violations” that includes medical neglect and numerous sexual and physical abuse complaints.

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One of the latest inspections by the ICE Office of Detention Oversight from June 2024 found  the detention center did not fully comply with standards of suicide prevention, grievance process and use of force and restraints.

“The stories that I’m hearing about Mahmoud’s detention are consistent with everything that we’ve heard from other people that are detained there, and we worry deeply about the safety of people,” Enriquez said.

The abuses reported at the Jena facility are part of a pattern of systemic human rights abuses existing at Louisiana ICE facilities, according to an August 2024 report from the American Civil Liberties Union, Immigration Services and Legal Advocacy, National Immigration Project and Robert F. Kennedy Human Rights. The report is based on interviews with more than 6,300 people detained in multiple ICE facilities across the state.

Immigrants have faced prolonged solitary confinement, widespread physical and sexual abuse, medical neglect and isolation from legal resources, the groups found. Detained individuals also reported food contaminated by cockroaches and rat feces and a lack of adequate hygiene products. A lack of translation and interpretation access resulted in “language-related denials of medical and mental health care,” the report found.

Mahmoud Khalil appears on CNN on April 30, 2024.

The Central Louisiana ICE Processing Center has been plagued by abuse allegations since 1998, when it opened as a juvenile correctional center, according to the Department of Justice. The facility shuttered in 2000 after the US Department of Justice filed a lawsuit accusing the private prison operators of beating, tear-gassing and pepper-spraying youth incarcerated there, according to the ACLU report.

Abuses continued to be reported after the GEO Group reopened the facility as an immigration detention center, holding a population about one-fourth the size of Jena. Between January 2016 and March 2017, four immigrants detained at the center died.

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Roger Rayson, 47, was among them. He had a brain hemorrhage while being detained for 44 days. Rayson had been placed in solitary confinement, and medical staff allegedly did not check on him even though his cell’s intercom was broken, according to a staff report prepared for the US House Committee on Oversight and Government Reform and Subcommittee on Civil Rights and Civil Liberties.

The Homeland Security Department’s Office for Civil Rights and Civil Liberties investigated the deaths and cited issues with medical care. In two of the cases, nursing staff failed to report abnormal vital signs to the physician, according to the investigation.

In a statement, a spokesperson for the GEO Group – the largest service provider to ICE – denied abuse allegations at the facility.

“GEO strongly disagrees with the allegations that have been made regarding the services we provide at GEO-contracted ICE Processing Centers, including the Central Louisiana Center,” a company spokesperson said in the statement to CNN. “In all instances, our contracted services are monitored by the federal government to ensure strict compliance with all applicable federal standards. GEO acts quickly to address and resolve any noted compliance issues that call for corrective action.”

In 2023, Daniel Cortes De La Valle experienced multiple seizures at the facility, and one while shackled during a visit to an outside medical provider, a civil complaint alleges. Cortes De La Valle reported being repeatedly threatened with physical torture and being subjected “to sexual assault and harassment” while at the facility, according to the complaint.

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Cortes De La Valle then made multiple suicide attempts, and ICE personnel allegedly denied him seizure medication and treatment from a neurologist, according to the complaint. He was later deported to Colombia.

That year, 42-year-old Ernesto Rocha-Cuadra died after suffering a heart attack at the Jena facility, according to ICE’s assessment of the preliminary cause of death. Despite having been recommended for release more than seven months before, he continued to be held in immigration custody, according to the Southern Poverty Law Center.

When asked about Rayson and Rocha-Cuadra’s deaths and Cortes De La Valle’s allegations, a spokesperson for the GEO Group referred CNN to its statement denying abuse allegations at the facility.

The ICE Office for Civil Rights and Civil Liberties investigated the facility in 2023 and found issues with providers getting paid on time and detainees who required specialized medical care experiencing treatment delays due to the facility’s remote location.

“That makes sense from a for-profit, because if you’re going to pay for the necessary medical care, it’s going to cost a lot of money to actually care for people in a way required by the standards,” said Nora Ahmed, legal director at the ACLU of Louisiana.

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Cruel conditions – from detainees being forced to clean sewage with bare hands to being pepper-sprayed during a safety presentation – have been reported by the center’s detainees, according to the ACLU.

“All of these issues build on one another to create a torture chamber,” Ahmed said.

Khan Suri, an Indian national whose research focuses on peacebuilding in the Middle East, was detained by ICE officials in Chantilly, Virginia, and sent to a temporary holding facility in Louisiana. Robert F. Kennedy Human Rights referred to the facility in a report as “the nucleus of the US deportation machine.” Approximately 1,000 people move in and out of custody at the 400-bed staging facility on any given week, the report said.

“When they go to Alexandria, it’s because they’re going to be deported. They’re already on their way out of the country,” said Homero López, the director and managing attorney of Immigration Services and Legal Advocacy, a legal services provider in New Orleans. “There’s no process for them to interact with anyone else from the outside.”

Khan Suri was arrested March 17 after his J-1 visa was revoked, according to his attorneys and Georgetown University. He is accused of spreading Hamas propaganda and having connections to a suspected or known terrorist. His lawyers have denied those accusations and allege his detainment is tied to the Trump administration’s broader effort to revoke the visas of individuals based on their Palestine-related speech, which they say is unconstitutional.

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Last week, a federal judge ruled Khan Suri cannot be removed from the country while his petition is pending.

Khan Suri’s attorney, Hassan Ahmad, wasn’t able to speak with him on the phone between Wednesday and Saturday of last week, he told CNN. That left his legal team uncertain which facility he would be transferred to in the days following his arrest. Every time Khan Suri tried to call his wife, she would enter a credit card number to pay the fees before the calls suddenly dropped, Ahmad said.

“He was not given a pre-dawn meal (as he is fasting right now for Ramadan) and the food that he was given was ‘very bad,’” Ahmad told CNN.

Khan Suri told Ahmad his questions about next steps in his case have gone unanswered. Finally, after tracking down a field office director, Ahmad learned Khan Suri was transferred Friday to Prairieland Detention Center in Alvarado, Texas.

Immigrants awaiting hearings are typically held at the Alexandria facility for no more than 72 hours while they get processed for transfer to long-term detention centers. It’s unclear why Khan Suri was held at the Louisiana facility before being transferred to Texas.

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It’s difficult for family members or attorneys to reach detainees at Alexandria because it’s set up for short-term stays, López said.

“It’s just this very complicated process of being able to get in contact with your family members and your attorneys, your support systems in general,” he added.

A petition asking for Khan Suri’s return to Virginia states his legal and immigration counsel are all based in Virginia.

The facility, also operated by the GEO Group, lacks a visitation space, client-attorney meeting rooms and a place for confidential legal calls, according to the ACLU’s 2024 report and legal experts who spoke with CNN. There’s no process for attorneys to schedule legal calls, and they instead must email the New Orleans deputy field office director, according to the report.

The Alexandria Staging Facility is seen in an undated photo published in the GEO Group's website.

The GEO Group said in a statement to CNN its contracted ICE processing centers provide “access to telephone and tablet services through a (third-party) vendor, and access to visitation (and) legal services … for individuals going through the immigration review process.”

Because visitation isn’t permitted at the Alexandria facility, documentation of any abuses there is limited to government data and oversight reports, according to the August 2024 ACLU report.

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But government oversight bodies have repeatedly found inadequacies in medical services, suicide prevention and reporting on uses of force at the facility.

Alvarado, where Prairieland is located, is a city of about 6,000 people and is approximately 40 miles southeast of Dallas.

The Prairieland facility opened under the Trump administration in 2017.

“There’s a long record of mistreatment at the Prairieland Detention Facility,” said Migliozzi, the Freedom for Immigrants communications director, who pointed to several issues at the facility such as its Covid-19 response.

ICE did not reply to a request for comment about conditions at the Texas facility.

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Rodney Cooper, executive director at LaSalle Corrections, the private prison company that operates the Prairieland Detention Facility, said the facility “adheres to strict standards and regulations” set by federal law, which are independently reviewed for compliance.

“The facility is committed to providing humane treatment, access to medical care, and necessary support services to all detainees. Extensive measures are in place to address any concerns related to health, safety, and overall living conditions,” Cooper said in a statement to CNN.

In May 2020, 10 people who contracted Covid-19 while detained at Prairieland filed a lawsuit  against the facility for lack of social distancing, limited cleaning supplies and lack of treatment.

Cooper testified in Congress in July 2020 that LaSalle Corrections was regularly updating its Covid-19 prevention and control protocols.

“We implemented our pandemic contingency plan in response to Covid-19, that includes screening, testing, appropriate treatment, prevention, education, and infection control measures. After thorough review and consultation of existing plans, we formulated revisions to our strategic plans to include a Covid-19 response plan,” Cooper told the House subcommittee on border security, facilitation and operations.

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The case was dismissed on procedural grounds without addressing the substance of the complaints.

The facility was subsequently investigated  by the DHS Office for Civil Rights and Liberties in September 2020 regarding allegations of civil rights and civil liberties violations, inadequate medical care of detainees and environmental health and safety concerns. The DHS office said the facility did not have a Covid-19 testing strategy for newly arrived detainees, had not developed a Covid-19 response plan in consultation with local health officials and made a total of 21 recommendations, including adopting Covid-19 and other medical care policies.

Khan Suri has been detained for more than a week and remains more than 1,000 miles away from his family. A federal court order is now preventing his removal from the United States but he is still afraid he may be deported, said Ahmad, his attorney.

“He is trying to keep his spirits up,” Ahmad told CNN earlier this week. “He told me he broke fast with four other Muslim detainees he met, but the distance away from his wife and kids and her inability to visit him makes it so much worse.”

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Louisiana judge won't block vote count for Amendments 1, 3 in March 29 election

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Louisiana judge won't block vote count for Amendments 1, 3 in March 29 election


A district judge won’t stand in the way of votes being counted in a legal challenge to two of four amendments to Louisiana’s Constitution that appear on Saturday’s ballot, but said the case can otherwise move forward.

The case, brought this month by several voter plaintiffs and the group Voice of the Experienced — which is led by formerly incarcerated people — largely objects to processes by which Amendments 1 and 3 made it to voters. It alleges lawmakers violated procedures laid out by the state constitution.

The lawsuit names Louisiana Secretary of State Nancy Landry as a defendant. The Louisiana attorney general’s office has filed to intervene in the case.

As part of the suit, the plaintiffs asked Judge William Jorden to temporarily block votes from being counted or the amendments from taking effect. Jorden denied that request at a hearing in Baton Rouge Tuesday, saying he was not inclined to order such a block “at this 11th hour.”

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But “I do believe that the constitutionality needs to be addressed, absolutely, 100%,” the judge added. Jorden did not take a position on the merits of the case, but left it open to continue for further review.

Amendment 1 concerns specialty courts and discipline for out-of-state attorneys. Amendment 3 deals with the process by which teenagers ages 14-16 can be criminally charged as adults. More on the amendments can be read here.

Here’s what we know about each amendment and how various organizations and advocacy groups feel about them.

Tuesday’s hearing primarily dealt with arguments around the request to temporarily block votes, with an attorney for the secretary of state’s office arguing that stopping the count at this point would only cause confusion and turmoil.

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“You’ve messed up the administrators of the election, you’ve messed up voters, you’ve messed up everybody,” the attorney, Celia Cangelosi, said.

Going forward, some discussions of affidavits already entered into the case and other filings suggest it will wade into discussions of arcane legislative protocol. Those include the allegations around the constitutionality of the amendments.

In addition to procedural concerns, the suit contends, in part, that Amendment 1 violates a principle called the “single object” rule — essentially, that it is trying to do more than is permitted without being a revision of a full constitutional article.

This is the second lawsuit brought against the amendments up for a vote this month. Last week, Louisiana’s Supreme Court tossed a lawsuit that took aim at Amendment 2, a change concerning the tax code and teacher pay that has generated public interest.

The Louisiana Supreme Court on Tuesday dismissed a lawsuit that sought to block a constitutional amendment–which would change the state’s tax code and raise teacher pay–from appearing on the March 29 ballot.

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The case against Amendments 1 and 3 now continues in the same courtroom, with the goal of invalidating them. If voters don’t sign off on the amendments, however, it would likely be moot.

This story was produced by the Gulf States Newsroom, a collaboration between Mississippi Public BroadcastingWBHM in Alabama, WWNO and WRKF in Louisiana and NPR.  





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A Dramatic Visual Of Falling Trees' Danger – Videos from The Weather Channel

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