Detainee Deaths Push Congress to Act

Today the House Judiciary Committee Immigration Subcommittee will question the Department of Homeland Security (DHS) in a hearing about problems with immigrant detainee medical care. "The Department of Homeland Security's denial and delay is leading to death and disability," House Judiciary Committee Chair John Conyers (D-MI) said. "It is time for answers, not excuses," said Conyers (Washington Post).

The hearing follows a series of news reports by the New York Times, Washington Post, 60 Minutes and PBS about immigration detention. Boubacar Bah, a 52-year old tailor from Guinea, detained at the Elizabeth Detention Center, lay unconscious for three days without any official informing his family. His story, reported in the New York Times, brought light to serious concerns about treatment in detention.

From January 2004-November 2007, 66 people died in immigration custody, according to a list obtained by the Times through a Freedom of Information Act (FOIA) request.

Detainee Basic Medical Care Act Introduced

This month House Immigration Subcommittee Chair Zoe Lofgren (D-CA) introduced the Detainee Basic Medical Care Act (HR 5950) to require reporting of detainee deaths to the DHS and Congress and mandate standards of care. "The legislation will help guarantee that minimal standards of care are put in place," said Representative Lofgren. Senator Robert Menendez (D-NJ) introduced a Senate companion version of the bill (S. 3005).

"Many of those in immigration custody are there for minor violations, many for administrative and paperwork related mistakes. Their detention should not be a death sentence," Lofgren said.

AFSC and Faith-Based Partners Take Action

"Our misguided national fervor to build more jails and incarcerate more individuals, even on the basis of immigration status alone, can only lead to more tragic deaths. We are in grave danger of a nationwide lack of recognition that every individual deserves to be treated with respect. We must reverse this trend before it is too late," wrote Amy Gottlieb, program director, AFSC Immigrant Rights Program in Newark in a letter to the New York Times.

Through its provision of legal services to detainees in New Jersey, leadership development, and support for families of people in detention, AFSC's Newark office has monitored the impact of immigration detention on communities. Members of those communities are bringing their stories to legislators, increasing awareness of the physical, psychological, and social costs of unjust detention.

AFSC has signed onto a national interfaith letter urging members of Congress to support the Detainee Basic Medical Care Act. The letter states, "The faith community is concerned about the government's increasing use of immigration detention and its harmful impact upon children, families and our communities...Our diverse faith backgrounds teach us that every human being must be treated with dignity and respect."

Lost in Translation: Due Process and Constitutional Rights

"There must be amidst all the confusions of the hour a tried and undisturbed remnant of persons who will not become purveyors of coercion and violence, who are ready to stand alone...for the way of peace and love..." - Rufus Jones - (Quaker historian and theologian)

It has now been more than two weeks since the Bureau of Immigration and Customs Enforcement (ICE) raid in Postville, Iowa. The massive ICE operation led to the arrest and detention of 390 undocumented immigrants who were employed at a local meatpacking processing plant. But the raid's impact has been felt by both Postville's immigrant and non-immigrant communities.

National media and public attention has heightened concerns about the timing and scope of the raid; concerns about the hasty hearings that took place; the lack of access to legal counsel and due process for those who were detained; the inability of detainees to communicate with their loved ones; and other questionable and troubling ICE actions. The raid, coupled with allegations of labor law violations by the meatpacking plant created a state of chaos and confusion for Postville's immigrant workers and their families.

Aurelio Zamol, brother of one of the detainees shared, "I am willing to pay for my sister's return to Guatemala. We ask pardon to this country's highest authorities. We did not know one needed permission to come here. "

Sandra Sanchez, director of AFSC's immigrant rights program in Des Moines, Iowa asserts, "Aurelio Zamol's situation is similar to that of many detainees. They are Guatemala's indigenous Mayan communities and have limited understanding of the laws in their own country; much less of the layers of this nation's federal and state laws, and that each person has constitutional rights and fair treatment under the nation's judicial system." (Photo Credit: Sign outside of St. Bridget Church Postville, Iowa - courtesy of Sandra Sanchez).

AFSC joins its voice to the many faith-based organizations who continue to urge the White House, designated agencies and officials to immediately:

• End the odious practice of worksite raids and the subsequent separation of families;

• Adhere to policies that ensure fair treatment and respect for the constitutional rights of all detainees, this includes immediate access to legal counsel;

• Attend to and release those who may have a medical condition or humanitarian needs;

• Ensure that all detainees to stay in close proximity to their loved ones; and,

• Work with Congressional leaders to find a fair and bipartisan solution which places the nation's founding principles at the core of future immigration policies and legislation.

Bill Tries to Roll Visa Backlog Forward

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

Over 22,000 family-based visas went unused last year (Orange County Register). "The Department of Homeland Security and the State Department have consistently failed to use the allotted number of immigrant visas ("green cards") authorized by Congress," according to Representative Zoe Lofgren (D-CA).

Bill to "Recapture" Unused Visas

To address the issue of wasted visas, Rep. Lofgren introduced H.R. 5882, which allows the Department of Homeland Security (DHS) and the Department of State (DOS) to "recapture" green cards unused in prior years due to processing backlogs. In addition, the bill allows DHS and DOS to take unused green cards from one fiscal year and "roll them over" to the next year.

Why Do Visas Go Unissued? - Hearing Emphasizes Thousands of Unused Visas

According to United States Citizenship and Immigration Services (USCIS) and DOS officials who testified at a Congressional hearing last month, concerns of exceeding the legal limit of visas lead to visas going unused each year. While DOS processes visas for individuals overseas, USCIS processes visas for individuals already in the United States. Visas issued by DOS and green cards granted by USCIS draw down from the "same pool of limited numbers," according to Michael Aytes, USCIS Associate Director for Domestic Operations.

Testimony given at the hearing indicated that lack of updated technology continues to hinder efficiency. Aytes said that USCIS is "dealing with very basic systems that give us inventory control and the ability to manage the processing cases at a very basic level."

Action Needed: Recommendations

Addressing the current processing backlog requires focus, institutional coordination and cooperation by DOS and USCIS. AFSC supports both measures to reduce backlogs that delay immigrants' ability to become U.S. permanent residents and the removal of quotas and other barriers that impede or prolong the normalization of immigration status.