New Mexico
ICE’s Dismantling of Humanitarian Release | Opinion
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.
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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.
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.
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.
New Mexico
Snow storm impacts New Mexico, Gun crimes, Tijeras bridge, Toxic algae blooms, Early voting turnout
Thursday’s Top Stories
Thursday’s Five Facts
[1] Snow moves in with colder & breezier day around New Mexico – A winter storm continues moving through New Mexico. Snow will cause travel impacts in parts of the state Thursday morning before drier and colder weather moves in. Snow will wrap up by mid Wednesday morning, allowing for the snowy and icy roads to clear up by the late morning. While it will be drier Thursday, the storm will leave behind much cooler temperatures Thursday afternoon. Friday morning will feature some of the coldest temperatures we’ve felt so far this season.
[2] Lawmakers suggest new rules after new data released by ATF on gun crime in NM – A new report reveals that 78% of all gun crimes in the state are committed with firearms that were legally purchased from licensed dealers. From there, most of these guns are sold to individuals who are prohibited from buying firearms legally. Two Democratic lawmakers have announced their plans to introduce a bill that would create stricter rules for gun sellers, including training on what to watch for when selling to repeat buyers. Another proposed bill for the upcoming session would limit the sale of military-grade weapons in the state.
[3] Emergency funds will rebuild washed-out Tijeras bridge – Bernalillo County officials approved roughly $3 million for the Tijeras Watershed Restoration Project. The project was almost done, but in July, a storm swept through the watershed and heavily damaged a pedestrian bridge and the arroyo around it. They hope restoring the watershed to a wider and flatter area will force stormwater to slow down, creating a floodplain that can support habitat and absorb water. The new pedestrian bridge could take longer because construction materials are in high demand.
[4] Toxic algae bloom advisories lifted for five New Mexico lakes – The New Mexico Environment Department has lifted advisories for harmful algae blooms at five New Mexico lakes. Those advisories were issued earlier this fall for Eagle Nest, Maloya, Lower Charette, Snow, and Hopewell lakes. Toxic algae can cause health problems for both people and animals.
[5] Strong turnout reported for runoff early voting in Albuquerque – The Bernalillo County Clerk’s Office said it is seeing a strong turnout for the Albuquerque mayoral runoff. Since early voting began on Monday, the clerk said nearly 45,000 people have cast their ballots. That includes nearly 30,000 in person. Early voting runs through Saturday. Election day is Tuesday.
New Mexico
Power restored in Edgewood and Moriarty after widespread outages during storm
EDGEWOOD, N.M. – Hundreds of residents and businesses in Edgewood and Moriarty went without power for a while during the of Wednesday night’s winter storm.
An outage map from Central New Mexico Electric Cooperative showed large clusters of outages as of 7 p.m. on Wednesday. By 7:30 p.m. power was restored.
On a social media post, CNMEC said: “We have received word that our power supplier, Tri-State, has lost a transmission line. Power will be out for the entire area until they can make repairs. We will post updates as we receive them.”
The outages came as the first winter storm of the season arrived in the East Mountains.
New Mexico
New Mexico United to host open tryouts
Tryouts are Jan. 10 at Kraemer Fields.
ALBUQUERQUE, N.M. — If you’ve ever wanted to see if you could play for the New Mexico United soccer club, your time is coming!
New Mexico United is hosting its next round of open tryouts Jan. 10, at Kraemer Fields in Albuquerque. This marks the club’s fifth open tryout since its inaugural 2019 season.
Since it started, United has signed identified key players and even signed some to their first-team squad, including Josh Goss and Phillip Beigl.
Tryouts are open to male players who are 17 years and older. Additional details, including registration information, can be found here at this website.
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