IMMIGRATION
p r o j e c t
of the National Lawyers Guild
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| From the San Diego Correctional Facility / Detention Center (CCA) From the Etowah County Jail / Detention Center (Gadsen, Alabama) From the Oakdale Detention Center (Louisiana) From the Upstate Correctional Facility (New York)
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Letters from
the San Diego Correctional Facility (CCA) May 10, 2005 How are you doing? What assistance you have given the immigrants here at Corrections Corporation of America (CCA) has been greatly appreciated and I, personally, am already in debt to you! The people from the Office of the Inspector General (OIG) that came to speak to many detainees, including myself, mentioned your name and told how you are keenly interested in our treatment. As for my own personal case: nothing has changed. The 20th of this month will be nine months since I went in front of the Immigration Judge for my individual hearing and no decision has been forthcoming because tapes were lost that were supposed to be transcribed from audiotape to paper. I am still in the same quandary that I was in before I went into my 28-day hunger strike. Nobody--from the newspapers, to the Department of Homeland Security (DHS), to CCA or elsewhere seemed too concerned. My lawyer is as helpless as I am in trying to get the Board of Immigration Appeals (BIA) to do anything to push my file through. And all the while my wife is going through hardships out there. I tell you my friend, I am numb physically, mentally, and spiritually... ------ February 10, 2005 Thank you very much for taking interest in our problems. I have been reading the materials sent by you to a fellow detainee. I am writing you this letter to express my grievances for some of the issues in here in CCA. I am detained in this facility for the past 2 years. Access to the law library and the material available in the library is a major concern for all of us. Currently, we are on a tight ration of five sheets of paper per visit to print a case or brief or anything else. Since we only have one hour and forty minutes per visit we (total 5 hours in a week) simply don't have enough time to read all the material, understand it and make notes to use it in our arguments to the court. For this reason every detainees needs to print some cases and relevant laws and regulations. Not giving enough papers to print them makes us unable to understand and comprehend our immigration problem and then make a successful argument to the court. We are also denied to have our papers staple together. This causes a problem of managing the individual pieces of paper. Even if we get a case or two printed out from the Lexis Nexis after long research, not being able to staple the cases separately makes their management difficult. Also the librarian is unfairly charging 10 cents per page for photo copies. The law library has two treatises, one on the computer called "Immigration Law and Procedure" and the other one "Immigration Law and Defense" (by National Lawyers Guild) in the open book form. There is no update to the open book and it only consist of case references of up to 2001 or earlier. "Immigration Law and Procedure" is relatively more update but not very current. As you know not everybody are able to use computer therefore, both of these treatises are very important for detainees...The library is also lacking in computers and typewriters. The average population in CCA is about 1800. For these many detainees there is only six computers and three typewriters. At times there is serious competition to use the computer. Almost all the computers are ten years or older. From July of 2004 CCA converted two men cell into three men cell. The population in each pod increased from average sixty eight to one hundred and two. This has caused numerous problems in the living condition of the detainees. Specially when the medical, dental, and other services are kept at the same level as before the increase in population. In a five by ten, cell which previously had two bunk beds, now there is a boat in the middle. When the three detainees are in the cell then there is no room to stand up in the cell. The third detainee who is in the boat, practically sleeps in the toilet. Imagine while you are lock down and somebody needs to use the toilet! Because of the increase population, the whole pod cannot be fed at the same time. There is not enough chairs and tables available for detainees at one time. So the feeding must be done in two separate stages... Recently, one of the detainee died due to the heart attack. Because he was not in my pod so I am not sure what was his medical condition. There was another Canadian detainee who committed suicide in August of 2003. He was suffering depression but the management ignored his condition. Many detainees has skin problems (acquired here in CCA) for which there is no adequate treatment available. We are only afforded first aid and medical. A sick call at an average takes two weeks to get served by the medical department. Most of instances by the time you get to see the doctor, you have gotten worse or were forced to take whatever medicine you can get from other inmates. Since the increase in population, the dental service is only available when you are in extreme pain and only as medical emergency These are some of the problems we deal with day in and day out. I hope I did not bore you by the list of complain. I would appreciate if you or your organization can help us to elevate some of these problems.
-------- February 10, 2005 Thank you for your interest in helping us. You're an angel in disguise. You have come to appear at the right time for us, just when we need some expert legal help. To begin with assisting (us) the detainees let's begin with forwarding copies of (1) 20 copies of INS Detention Standards (Access to Legal Material) which has on the back National detention Standard monitoring Instrument. All the Detainees who uses the law library will have the opportuinty to answer the questionnare regarding the Law Library. (2) 20 copies of the INS Grievance Procedures, I will pass this literature to everyone who uses the Library. this will assist you in assessing the access to Court violation and it will help, in with the documentation. and the INS Grievance Procedures but CCA/Law Library will chart us .10 cents a copy and nobody is willing to pay for it...We desperately need this information because ICE has been giving a lot of 90 day Review, and since it mysteriously dissappeared we've been lost without it.
-------- February 7, 2005 Thank you for your letter dated January 27, 2005. And also for the cases you sent. It is really an inspiration to my fellow detainees and myself that there is someone like you who is willing to help us. I have shown your latest epistle to everybody in my dorm and to others, as I am able to. It pleased us greatly to hear that CCA is being looked into. There is so much going on in here that must be brought to light. Just a few examples are: 1. Schedules of Self-Help Programs are posted for inspectors to see that are not offered; i.e. English Second Language (ESL), Anger Management Classes, Alcoholics/Narcotics Anonymous Meetings, and Life Skillls Classes. There were some AA/NA Meetings held last year that were chaired by a CCA Correctional Officer (C.O.) that hardly anyone felt comfortable with, so meetings have been nonexistent for months now. And the Anger Management Classes lasted only a few sessions--again, because CCA Staff facilitated them. The Staff member who is a "counselor" in here, by her own admission said she wasn't qualified, certified nor had even the basic understanding of how to deal with emotional issues that were brought up. She would show us the same video over and over but didn't have the worksheets and/or tests that were supposed to accompany the course! And I helped a fellow detainee sign up for the posted ESL class yet he wasn't even answered--even after a second request was made. 2. The Law Library is very oppressive to detainees. The problems here are so many that you may expect much further complaints from not only myself, but also many other detainees as well. Mr. Ndaula, the Law Library is in dire need of attention. Let me just list a few of the complaints here: a. We have to beg for paper only to be "issued" five sheets per day. In addition, a short time back, we were charged 10 cents per leaf! (Of course we have been and are still charged 10 cents for each page we need copied from the copier.) b. The C.O. that runs the library is tyrannical in his behavior toward us. He reads legal motions, briefs, letters, etc and decides, on the spot, whether or not he thinks we need to make copies or if we ought to even file or send these documents. Indigent detainees are turned away as a rule. c. Law books are not updated as per the standards and pages are torn out of many books because of the hassles of getting copies, or as stated earlier: indigent detainees are refused outright. 3. Food, and the quality of the same, fluctuates from week to week. For beginners, the 35-day menu in the detention standards is cut down to a 28-day rotation. The menu, like so many other things here is a deception. Many items listed are just not served. Then, also many dishes are the same thing just labeled different. Not only is the food the same thing over and over, it is very bland. It is evident that all possible corners are cut to maximize profits. 4. The overcrowding that we've had to endure for the last 8 months plus is still ongoing. You mentioned in your letter that this matter is being worked on, and we are appreciative of the news; however, relief can't arrive soon enough on this most pressing issue. The stress of three men in a tiny cell is truly overbearing. The overcrowding issue causes tempers to flare and otherwise calm people to act innappropriately. And the classification system throws anybody together with anybody; hardened felons with misdemeanors etc. 5. Correctional Offices are allowed to treat detainees as they see fit. Rules change from day to day and from one officer to another. There is also much discord amongst the individual C.O.'s that makes life for us that much more miserable. Some C.O.'s are very vindictive, outright showing extreme prejudice toward noncitizens. However, and to be fair here: some Correctional Offices are true professionals treating us in respectful manners. In closing, let me remind you that my fellow detainees and I are grateful to you and the time you take to do what you can do remedy our hardships. Should you have other agencies that may be of the high caliber of assistance you and your office provide, please forward their particulars to us. Thanks again.
Letters from the Etowah County Jail (Gadsen, Alabama) February 9, 2005 Besides all the color coded clothes they now make everyone wear, all now wear blood red uniforms. The red is so called Level 3, them the green ones you once donned is now Level 2 - these are for guys who may have had one or two issues with folks in the past. Especially those advocating for better treatment conditions. There are still some folks in green, in fact about half of the population waiting to be classified. Those ones remain in green. The INS say their files cannot be located. I don't get it. The INS will not have you here without knowing why you are here. Afterall this is how they've come to classify some folks into red/green and now Khaki - which I guess the Khaki is supposed to be for those without a conviction. Additionally for those who will pony along to get along. The whole damn thing is just wrong and unconstitutional. Especially for an administrative proceeding. These kids are having to explain themselves all the time. This is mental and psychological Pain & Suffering. It is torture. It is for the same reason a Federal Court or was it the Supreme Court decided that Federal Inmates will no longer be allowed to keep copies of their presentence reports or record of conviction. People in red could suddenly be attacked if for nothing else, but for the fact that they are in red. An uneasy color in the eyes. Then if that wasn't enough we were all dart cated into segregation Unit 1 for no reason whatsoever. ...This Unit 1 has no windows. It is in even worse condition and in disrepair than Unit 3, the other segregation unit. The only INS detainees that were once housed here were the Somalians. They had really been housed here for spite of the shindig that had happened over in Somalia, also the kids were really considered a bunch of terrorists. But most of them were not educated, didn't know any better, and couldn't care less. The administration would not dare house regular DOC State and County Inmates here who were doing time for fear that they word will get back to their State Representatives, why then would you want to house us down here? The last county group that were housed here were those in drug rehab. They were on some kind of punishment. The INS cannot say that this place is not getting enough traffick. All last year we were being tripled up in our cellrooms made for two. They've promised to see to it that we are relocated back to Unit 8, an INS unity, later in the week. So we shall see how it all works. I will keep you posted. ------ December 11, 2004 ...By now you should have received my last letter...so I need not rehash the content of the letter here. I will reiterate the importance of getting the phone rate lowered. Any allegation from the Chief that the $10 for 10 minutes is the standard rate in Alabama is simply untrue. My investigation into this contention shows that nowhere in the United States, including Alabama charges this outrageous rate. You guys at the project may investigate by calling any detention facility across the country to ascertain phone rates. Another area that needs improvement is the legal access. The computer are still not being updated for the past six months and we are finding it difficult to rebut the Government answers to Habeas petitions since they are citing new cases that are not available here. Further, Etowah practices selling legal materials such as typing papers, typewriter ribbon and correction fluids are simply not acceptable. Especially since the facility does not provide any type of income. The facility does provide papers and pens for indigent detainees. But these papers and pens are insufficient for the type of litigations involved in immigration cases. moreover, its definition of indigency is lack of funds for the past 60 days. So if any detainee receives five dollars within the last 60 days he is ineligible for the papers and pens. Additionally, I'll like to bring your attention the fact that facilities like Etowah without any outdoor recreation are only suppose to hold short term detainees but we've all been here over 6 months. Under the ICE detention standards we may only be held here 47 days or at most six months. What about getting us transferred to a different facility that meets the standards enunciated in the INS Detention Operation Manuals? If we can't be transferred up north we should at least be treated with decency and be given reasonable access to the courts and the telephone to call our family and loved ones. The other important thing is the arbitrary declination to release Nigerians, even those that pose no type of risk to flee or threat to the society. I think our treatment is an 'invidious discrimination'. You asked about the Cuban that died here. I think they killed him due to their negligence of his medical condition. My investigation revealed that the poor guy call for medical attention by pushing the panic button in his cell but it take close to one and a half hour before the Medical Personnel came to attend to him. By the time the medical staff arrived, the man already fell and hit his head on the toilet commode--there were also information that he had heart attach. But the man was dead by the time any help came. I know they are saying he died at the hospital. That's not true he died in his cell due to lack of response to his call for help. Since you are in contact with the guys in lockdown, I won't say too much about their situation. But as stated in my last letter, whatever they are charging them with were connected to the purpose of locking them down for activism and for criticizing the chief or captain on the facilities condition. I will not take all your time cause I know you're a busy man.
Letters from the Oakdale Detention Center (Louisiana)
February 2, 2005 How are you doing my brother? I hope everything is OK with you. First I must applaud you on the wonderful work you are doing. We need more brothers like you to help us, let the world know what we're going through here in I.N.S. I don't know if you know, but I'm paralyze in one side. The doctor says the bone is open in my back. I did MRI and x-rays and no guaranteed if my back will ever heal. It's very hard on me, I have to walk with a kane and it is really stressing me out, I've lost alot of weight. I wanted to tell you on the phone but I didn't want the councilor to hear my business. I'm looking forward to hearing from you. Keep up the good work and I will keep you posted on what happening here. Peace out, Axe
From the Upstate Correctional Facility (New York) ...What I need is an advocate. Someone to help me get things done. As I mentioned, I don't speak, read, or understand English. I have to pay people to write letters for me and I have no idea what they are really writing. I could be paying them to write down the words of a popular rap song for all I know. My situation is very complicated. Since my arrest my family has been under attack by a group of criminals in Columbia who are trying to force my presence in order to collect debt. The thing is my intention was never to keep anybodies money. But I was arrested before I could fulfill my obligations to these people...to date my brother and step-daughter have been murdered by these people. And most recently, my son, who had been previously kidnapped was murdered also...
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