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ICE Family Detention Centers: Inhumane Treatment and Profit Motive

Learn about the conditions and problems faced in ICE family detention centers, the profit motive behind them, and the process of seeking asylum at Karnes County Residential Center.

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ICE Family Detention Centers: Inhumane Treatment and Profit Motive

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  1. ICE Family Detention Centers • Berks County Residential Center, • Leesport, PA– Mar 2001 – present • capacity is 96 beds • T. Don Hutto- Taylor, Texas May 06-Aug 09 • Closed due to inhumane treatment of detainees, especially children • Artesia, New Mexico, June-Dec 2014 • Closed due to expansion of other facilities in other states

  2. ICE Family Detention Centers -2 • Karnes County Residential Center • Karnes City, Texas opened in Feb 2012, transitioned to a Family Residential Center in 2014 - to present • capacity is 1158 mothers and children • South Texas Family Residential Center, Dilley, Texas Nov 2014 to present • capacity is 2400 beds • ICE’s Total Family Detention Capacity is 3,300

  3. Karnes County Residential Center

  4. Population of Karnes City, Texas = 3,350 (2016)

  5. Family Detention is Big Business • As of January 30, the Berks Family Residential Center had 249 Facility Book-ins during FY16. • As of January 30, the Karnes County Residential Center had 4,480 Facility Book-ins during FY16. • As of January 30, the South Texas Family Residential Center at Dilley had 7,961 Facility Book-ins during FY16. Source: https://www.ice.gov/sites/default/files/documents/Document/2016/acfrcBriefingMaterialsMar2016.pdf

  6. Karnes County Residential Center is run by GEO, a for-profit prison company. South Texas Family Residential Center, in Dilley is run by the Corrections Corporation of America (CCA), a for-profit prison company.

  7. Who benefits? • CCA earned $65.9 million in the second quarter of 2015, attributed to the opening of Dilley. • GEO has invested $36 million in Karnes to increase capacity to 1,158 people in order to generate annual revenue of $20 million. • Private prisons earn $100/day for a family of 3. • Tremendous lobbying power leading to bed space mandate 34,000 beds must be available each year.

  8. Karnes Decor

  9. CONDITIONS OF DETENTION • Substandard medical & dental care • Sexual assaults • Suicide attempts • Poor food and undrinkable water • Threats against parents • Re-traumatization and PTSD • Lack of adequate education • Problems facing indigenous language speakers

  10. Protecting Children Flores v. Johnson • 1997 Settlement Agreement protecting the rights of minors in immigration custody. • Preference for “least restrictive alternative” (non-secure, licensed facilities). • Release over detention except in cases of danger or extreme flight risk. • Preference of release to a parent. • Humane conditions of detention. • After the Flores Decision • Mothers released on ankle monitors with their children, after passing the credible fear interview (or reasonable fear interview). • Profit Motive • GEO purchased the company that manages alternatives to detention, including ankle monitor program

  11. Asking for Asylum at Karnes Expedited Removal → Removal Freedom from Detention Permission to begin formal asylum process (NTA)

  12. The Path to Asylum

  13. Karnes Pro Bono Project A project of RAICES (Refugee and Immigrant Center for Education and Legal Services) in San Antonio, TX Staff attorneys and legal assistants Volunteer attorneys, law students, and legal assistants support of San Antonio office staff

  14. Intake & Preparation for Credible Fear Interview Ayuda Legal at Karnes Second meeting to draft written Declaration & Representation at Immigration Judge Hearing -- Release Charla +

  15. What We Do (Part One) CFI Prep • 20 minutes to 1 hour + • prepare the client for an oral interview • familiarize her with format and what asylum officer is looking for • ask her to tell her story • advise her on content and presentation of her testimony

  16. THE CREDIBLE FEAR INTERVIEW RIGHTS OF THE DETAINED WOMAN Asylum interview conducted in her native language To request a female asylum officer To decide whether or not her children stay in the room To ask for clarification To complete her testimony

  17. Winning -- Getting a “Positiva” To be successful in her CFI the woman must demonstrate: That she has suffered persecution, threats, or harm in her home country That her government is unwilling or unable to protect her That this persecution or harm can be attributed to one of 5 protected grounds (the Nexus)

  18. Protected Grounds Race Religion Nationality Political Opinion Membership in a Particular Social Group (PSG)

  19. A Square Peg in a Round Hole Most negative CFI’s result from a lack of NEXUSrather than a lack of credibility The majority of women at Karnes are fleeing domestic violence and violence, or threats of violence, at the hands of criminal gangs.

  20. What We Do Declarations 2 hours or more review transcript of negative CFI and identify problems discuss her story in greater detail; much closer focus on accuracy, chronology, cause and effect draft a first-person legal statement (3 or 4 pages) in English for the Immigration Judge read statement back to the client in Spanish and ask her to sign it

  21. The Context of Narrative Production at Karnes Fear and Trauma experiences of violence and abuse in home countries often harrowing journey north Prison Environment strict regulation of time and movement constant surveillance need to work with and around children Legal Framework high stakes rigid narrative genres

  22. Part Two: Constructing the Narrative

  23. Credible Fears: Central American Asylum Seekers in a Texas Detention CenterEmily Socolov <esocolov@gmail.com> Stephanie Aubry <aubry.9@osu.edu> Jessica Chapin <jchapin@swbell.net> ------------------ RAICES (Refugee and Immigrant Center for Education and Legal Services ) <https://www.raicestexas.org> GEO GROUP <https://www.geogroup.com>

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