A colleague and I recently led a team of law students to New Mexico to provide legal assistance to individuals detained at the Torrance and Cibola immigration detention facilities. While we expected detention conditions to be rough, we were not prepared for the reports we heard of inhumane living conditions, lack of medical care, intimidation from guards, and isolation.
We knew that many of those detained were eligible for temporary release known as humanitarian parole. So, we spent the week preparing parole requests. Only after did we learn that Immigration and Customs Enforcement (ICE) has decided to deny all release requests, regardless of individual medical conditions and despite overcrowding. It became clear that rather than using legal means to release individuals posing no threat to the community and likely to show up for pending hearings, ICE is intent on encouraging self-deportation.
Afternoon light shines on the U.S. Immigration and Customs Enforcement Service Processing Center. Afternoon light shines on the U.S. Immigration and Customs Enforcement Service Processing Center. Getty Images
We spent our first day at Torrance conducting interviews with individuals who had been detained from weeks to many months. Most wore blue jumpsuits, signaling prison officials’ determination that these men posed little threat or risk of escape. Some had recently arrived to the U.S., though many had long been living with their families in New Jersey and Massachusetts until ICE agents detained them and transferred them to Torrance, a facility notorious for its history of sub-standard conditions.
ICE insists that its detention centers and the contractors that run them, such as Core Civic which operates Torrance and Cibola, adhere to national standards and are “non-punitive.” Yet, the triple razor wired, security laden facility, and the harsh conditions suggest otherwise. One by one the individuals we met, some in tears, described overcrowded cell blocks with some sleeping on concrete floors, sewage leaks, water running down cell walls, malfunctioning toilets that did not flush, lack of access to water, and inadequate or inedible food. The men described “counts” occurring five or so times per day during which the entire facility was locked down and guards prohibited anyone from leaving their cells until the count was completed. As a result, the men were unable to move freely in their blocks for prolonged periods of time, despite most having been classified as low risk.
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The most distressing condition was the sub-standard medical care. We interviewed individuals who had life-threatening medical conditions and were not receiving the care they needed. One individual had clear evidence of a traumatic brain injury incurred as a result of beatings in his home country, yet he reported not having been seen by a neurologist for treatment. Another had Type 2 diabetes and was not receiving the food or monitoring he needed to avoid dangerous spikes in his sugar levels. At one point his sugar surged so high that he fell into a life-threatening diabetic coma and had to be rushed to the hospital by ambulance for emergency medical attention. The conditions are so bad that detained individuals have resorted to hunger strikes and at least one person has attempted suicide since our visit.
The Immigration and Nationality Act and federal regulations authorize ICE officials to temporarily release individuals when there are humanitarian reasons to do so, or when it would be in the public interest. The person must not be a danger to the community and must be likely to appear for upcoming hearings. ICE can use alternatives to detention such as required check-ins and tracking devices to ensure compliance. Federal law and ICE’s own policy specifically mention urgent medical needs as a reason for granting parole, so we were particularly confident that those with threatening medical conditions would quickly be released. We were wrong.
We worked with clients who met the key requirements: 1) asylum officers had already determined they had a credible fear of persecution in their home countries and right to a full hearing, giving them a strong incentive to appear in immigration court, 2) they had no criminal histories so posed no danger, 3) they had a U.S. citizen or permanent U.S. resident sponsor agreeing to support them, and 4) several suffered from serious medical conditions requiring immediate treatment.
We submitted 15 or so release petitions, and to date ICE has denied all of them. We have seen written confirmation that ICE intends to deny parole release requests, regardless of the strength of the case. This is inhumane and unlawful. Rather than releasing nonviolent individuals who have every incentive to show up at their hearings, the Trump administration is locking them up indefinitely in poor conditions, hoping they will become so desperate that they will ask to be deported rather than exercise their right to seek protection in immigration court.
And to top it off, U.S. taxpayers are footing the bill for this costly and unnecessary detention to the tune of $164.65 per day per adult. Profits from these payments are going straight to private prison companies such as Core Civic and their shareholders. And things are only getting more expensive for taxpayers. The administration recently announced plans to spend $45 billion more on immigration detention over the next two years, expanding the cost six fold.
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The substandard detention conditions and complete dismantling of humanitarian release are counter to current law, inhumane, and expensive. This must end.
Stacy L. Brustin is professor of law emerita and director of the Immigration Law & Policy Initiative at The Catholic University of America.
The views expressed in this article are the writer’s own.
Record heat and blazing sunshine in Albuquerque make it feel like summer is already here, despite the calendar marking spring’s start on Friday.
ALBUQUERQUE, N.M. – Record heat and blazing sunshine in Albuquerque make it feel like summer is already here, despite the calendar marking spring’s start on Friday.
Residents may wonder if it’s time to prepare their coolers for the warmer days ahead. The question remains whether the cold weather is truly over.
Climate data indicates that Albuquerque’s last freeze typically occurs in April, extending into May during extreme years. However, this year has been unusually warm.
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The Climate Prediction Center’s forecast suggests that the current weather pattern, which has brought hot days, will continue into April with above-average temperatures across the Western United States and New Mexico.
While a few more freezes or cold days can’t be ruled out, the general trend for April and most of spring points to more warm temperatures.
Republican voters may have one less candidate to choose from on their June primary ballot after one candidate failed to show up to file paperwork confirming his eligibility for the primary ballot.
State Senator Steve Lanier, a first-term legislator from San Juan County, and Duke Rodriguez, a former health department secretary and cannabis business owner, both failed to earn an automatic placement on the ballot provided to candidates who earn at least 20% of party delegate votes at the Pre-Primary Convention held earlier this month. Lanier pulled in just 7% and Rodriguez earned 9%.
State Sen. Steve Lanier appeared for initial candidate filing day on Feb. 3. He missed the secondary filing day on Mar. 17. (Source: Lanier campaign FB)
But both candidates appeared to have secured enough signatures from Republican voters to qualify outside of the party’s delegate process, provided they submitted those signatures to the Secretary of State’s Office on Tuesday.
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Lanier told The Santa Fe New Mexican that he missed the deadline and would now explore legal options to get on the ballot. “We are looking at legal options and may file a challenge, given that we filed with all the necessary signatures from the start,” he said. “I am committed to helping New Mexico thrive, and to building our Republican Party in every corner of the state.”
Rodriguez submitted the required additional signatures which are being reviewed by the secretary of state for qualification.
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Pat Davis is the founder and publisher of nm.news. In a prior life he served as an Albuquerque City Councilor.
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ALBUQUERQUE, N.M. – City and state leaders are calling for the removal of César Chávez’s name from public spaces following allegations of sexual assault against him.
A New York Times article revealed claims that Chávez sexually abused multiple women and young girls who worked alongside him in the civil rights movement. The news has caused shockwaves, especially at the intersection of Avenida Dolores Huerta and Avenida César Chávez.
“Shock, um, it’s been shocking, horrified and completely incompatible and unacceptable with the values of the Latino and Chicano and Hispanic community and the civil rights movement,” said Zackary Quintero, executive director of the National Hispanic Cultural Center.
Dolores Huerta, who co-founded the United Farm Workers with Chávez, stated she was one of his victims. She described two sexual encounters with Chávez that led to pregnancies and children she hid from the public eye.
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Quintero said the role Chávez plays in Albuquerque and the state needs re-examination. “I know that a community conversation needs to take place and that we’re going to be part of that conversation,” he said. “We’re supposed to be a home for our Chicano gente, our Latino gente, our Hispano gente, to be able to meet here and talk about these kind of issues.”
Mayor Tim Keller says changes are coming to the way Chávez is remembered. “I am directing City staff to work with the community and city council to take a fresh look at how Chávez is recognized across our programs, events, committees, and spaces, and to recommend changes that honor the full truth while continuing to uplift the movement for economic justice that shaped our community,” he said.
KOB 4 asked the city what that process entails and what the economic impact could look like but a city spokesperson re-iterated the statement above saying, “The mayor has directed staff to work with the City Council and the community to determine the best steps forward.”
Speaker of the House Javier Martinez added, “The allegations against César Chávez are horrific. I pray for all of the survivors, including Dolores Huerta. I keep Dolores, her family, and the entire farmworker movement in my heart. Chávez’s name should be removed from any and all public entities, swiftly.”
It’s not just Albuquerque, there are landmarks, parks, schools and more throughout New Mexico named after Chávez. For example, the César Chávez Elementary school in Santa Fe.
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School officials said they have “an established process for considering changing a school’s name.” They also added they would review the situation but any consideration of a name change would have to go before the the Board of Education. The district’s full statement is below.
Statement from Santa Fe Public Schools:
“Santa Fe Public Schools is aware of the recent allegations concerning the namesake of Cesar Chavez Elementary School. We understand that members of our community may have questions and concerns, and we take those perspectives seriously.
Santa Fe Public Schools has an established process for considering changes to a school’s name. At this time, district staff will review the situation, gather relevant information, and evaluate next steps in accordance with district policy. Any consideration of a name change would ultimately be brought before the Board of Education for discussion and direction.
We remain committed to engaging thoughtfully with our community and ensuring that any decisions are made through the appropriate processes and with careful consideration.”
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City and state leaders are calling for the removal of César Chávez’s name from public spaces following allegations of sexual assault against him.