| For more
information on any of the press releases or events described below,
contact Associate Director Paromita Shah by
e-mail or
call 617-227-9727, ext. 1. |
April 30, 2008
immigration
detainees and advocacy groups
SUE HOMELAND SECURITY
FOR COMPREHENSIVE AND ENFORCEABLE IMMIGRATION DETENTION STANDARDS
Widespread and systematic abuses in immigration
detention persist due to lack of regulations
New york, ny
– Former detained immigrants and advocacy
groups filed suit today against Michael
Chertoff, Secretary of the Department of Homeland Security (DHS),
demanding that DHS issue comprehensive and enforceable regulations
governing detention standards for immigration detainees. At present,
no federally-mandated regulations exist, resulting in inconsistent and
substandard living conditions, grossly inadequate medical care, and
the widespread abuse of detainee rights.
“DHS is
one of the largest jailers in the world,” said Paromita Shah,
Associate Director of the National Immigration Project of the National
Lawyers Guild, one of the plaintiffs in the suit. “But it behaves like
a lawless local sheriff. The refusal to adopt comprehensive, binding
regulations has contributed to a system in which thousands of
immigration detainees are routinely denied necessary medical care,
visitation, legal materials, or functioning telephones.”
"I was
detained for six years,” said Rafiu Abimbola, one of the detainee
plaintiffs. “The telephonesfrequently did not work and legal
materials were unavailable or out of date. Because I was managing my
case on my own, this was extremely hard for me. DHS did not attempt to
fix these problems. When I complained to the jail, I never received a
response, and sometimes was punished for complaining. There are no
consequences to the government for failing to obey its own standards.”
Last
year, DHS detained approximately 300,000 immigrants, primarily based
on charges of non-criminal immigration violations. On any given day,
DHS holds approximately 30,000 immigrants in custody. Nevertheless,
the treatment of immigration detainees is currently only governed by a
DHS detention manual, which is neither legally enforceable nor
universally applied. Recent government reports have documented
patterns of non-compliance with the detention manual, and last year
former detainees and advocates attested to the inadequate medical care
at detention facilities at a congressional hearing.
“The
DHS manual fails to address basic aspects of detention,” said Janis
Roseheuvel, director of Families for Freedom, one the plaintiffs in
the suit. “And what standards the manual does include are weak and
unenforceable. How many more people must suffer before DHS starts to
behave like the mature warden it has become?”
The
need for enforceable, uniform standards is especially critical in
light of the patchwork system currently employed to house detainees:
in addition to using of its own facilities, DHS contracts with local
jails and privately operated prisons for this purpose. Detention
regulations, the lawsuit contends, are necessary to ensure humane and
uniform treatment of detainees and prevent future violations.
The
suit, filed in the U.S. District Court for the Southern District of
New York, specifically demands that DHS fulfill its obligation under
the Administrative Procedures Act (“APA”) to respond to a January 2007
petition submitted asking that DHS develop detention regulations—a
petition that, over one year later, DHS continues to ignore. The
plaintiffs seek a court order requiring DHS to begin the rulemaking
process, or at the very least, explain why it has not done so.
Plaintiffs—the National Immigration Project of the National Lawyers’
Guild, Families For Freedom, and two former detained immigrants—are
represented by the Jerome N. Frank Legal Services Organization at Yale
Law School.
LINK TO COPY OF
COMPLAINT |
|
JOINT PRESS
RELEASE
National
Immigration Project of the National Lawyers Guild, American
Immigration Law Foundation, and National Network to End Violence
Against Immigrant Women
April 24,
2008
Government’s
Newly-Announced Directive Will Benefit Thousands
of Immigrant
Victims of Domestic Violence
The National
Immigration Project of the National Lawyers Guild (NIPNLG), the
National Network to End Violence Against Immigrant Women (National
Network), and the American Immigration Law Foundation (AILF), applaud
the government’s recent
directive
to allow battered immigrant women and children the opportunity to
apply for a “green card” regardless of their manner of entry into the
U.S.
This
directive,
interpreting the Violence Against Women Act (VAWA), carries out
Congress’ intent to protect immigrant victims of domestic violence
from further harm by clearing their path to legal permanent resident
status. Congress has recognized that “Many immigrant women live
trapped and isolated in violent homes, afraid to turn to anyone for
help. They fear continued abuse if they stay, and deportation if they
attempt to leave.” The law allows battered immigrants who are married
to abusive U.S. citizens or permanent residents the right to apply for
lawful immigration status independent of the cooperation of the
abuser.
U.S.
Citizenship and Immigration Services (USCIS) announced its
interpretation of VAWA-related provisions in the immigration act in an
April 11, 2008 memorandum to the USCIS field offices. This memorandum
makes clear that battered immigrant spouses and children who satisfy
other legal requirements are eligible to apply for lawful permanent
residency even if they entered the U.S. without official inspection.
Previously, individual USCIS field
offices
adopted conflicting policies. A number of USCIS field offices denied
“green cards” to battered immigrants in violation of the law, solely
because they had entered the U.S. without inspection. Under the new
policy, survivors of abuse who previously were denied status may seek
reconsideration of their applications. (See
CIS Fact Sheet.)
NIPNLG, the
National Network and AILF worked with their networks of advocates and
with members of Congress to persuade USCIS that this is the correct
interpretation of the law. Senator Edward Kennedy and Congresswoman
Zoe Lofgren spearheaded Congressional efforts to protect and ensure
the safety of this group of immigrant survivors of abuse by allowing
them to complete the lawful permanent residence process. “USCIS’
decision to accept applications from this vulnerable group of
immigrants is momentous,” said Mary Kenney of AILF. Ellen Kemp of
NIPNLG added, “Since VAWA was enacted in 1994, there have been more
than 42,000 courageous battered immigrants who took a step away from
an abusive relationship by filing an application under the VAWA. These
survivors of abuse have been rigorously scrutinized and approved by
USCIS at the first step of the immigration process. This
interpretation makes clear that battered immigrants, including those
who have entered the U.S. without inspection, may pursue the second
step of seeking lawful permanent residence and achieving independence
from their abusers.”
For more
information:
Gail
Pendleton, National Network to End Violence Against Immigrant Women,
(774) 269-3110,
glpendleton@earthlink.net
Ellen Kemp,
National Immigration Project of the National Lawyers Guild, (617)
227-9727 ext. 4,
ellen@nationalimmigrationproject.org
Mary Kenney,
American Immigration Law Foundation, (202) 742-5609, mkenney@ailf.org
The National
Network to End Violence Against Immigrant Women is co-chaired by
Asista Immigration Technical Assistance, Legal Momentum's Immigrant
Women Program, and the Family Violence Prevention Fund.
Click here
for CIS VAWA EWI adjustment guidance memorandum (4/11/08).
Click here for
CIS VAWA EWI Fact Sheet (4/22/08).
Immigration Detainees and the Project Petition
DHS to Issue Enforceable, Comprehensive Immigration Detention
Standards
On January 25, 2007, eighty-four
immigration detainees, the National Immigration Project of the
National Lawyers Guild, and six other immigrant rights organizations
formally petitioned the Department of Homeland Security today (DHS) to
issue regulations, under the Administrative Procedures Act, governing
detention standards for immigration detainees. Currently, the
treatment of immigration detainees, including living conditions,
health care, and access to legal materials, is governed by a DHS
detention manual, which is neither legally enforceable nor universally
applied.
Despite ten years of government management, abuses and detention
standard violations in immigration detention facilities are
commonplace. Also, there is no meaningful process for detainees to
address grievances or standard violations. It is imperative that the
Department of Homeland Security act to address these longstanding
problems.
The additional petitioners are the American Immigration Lawyers
Association, American Immigration Law Foundation Legal Action Center,
Casa de Proyecto Libertad, Catholic Legal Immigration Network, Inc.,
Families for Freedom, and National Immigrant Justice Center. The
petition was prepared by students at New York University School of
Law, under the supervision of Professor Wishnie, now at Yale Law
School.
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