Immigration
The roots of a hostage crisis
The angry Cuban detainees in Louisiana are just some of the illegal immigrants trapped in the INS's permanent limbo.
Frustrated prisoners, tough immigration policies and money-hungry local officials combined to create the powder keg that erupted last week in St. Martinville, La.
The drama began last Monday when five Cuban-born prisoners armed with homemade weapons seized control of part of the parish jail. They threatened to kill their hostages — including the warden and three prison guards — if they were not set free. The siege ended Saturday when the hostage-takers freed their prisoners and surrendered, in exchange for the promise of safe passage to Cuba.
It is an unusual ending to the six-day standoff that shined a spotlight on thousands of otherwise forgotten prisoners — the roughly 2,400 Cubans caught in a prison twilight zone. In Immigration and Naturalization Service lingo, they are “non-removables” — inmates who cannot be deported because the U.S. doesn’t have diplomatic relations with their countries. Nor can the prisoners be released. In 1996, Congress passed a law requiring the INS to incarcerate criminal aliens until they can be deported.
But for the Cubans in St. Martinville, and more than 3,600 other non-removable inmates from countries like Iraq, Libya, Vietnam, Iran, Syria, Cambodia and Laos, deportation is not an option. Even if they have already served their criminal sentences, non-deportable inmates are forced to serve a second indeterminate sentence — sometimes for life. One Cuban involved in the St. Martin Parish takeover says he has been in jail 13 years awaiting deportation to Cuba. INS and prison officials have not been able to confirm his story.
INS detainees have become the fastest-growing segment of the U.S. prison population. In 1995, the agency had 6,600 inmates in custody. Today, the agency has more than 17,000. The non-deportable segment of the population is also soaring. A year ago, the INS had 2,800 non-removables. Today it has 3,600.
While the INS says non-deportables make up only a small segment of its detainees, officials admit that their detention creates an important revenue stream for local communities.
The crackdown on detainees has so overwhelmed INS’s own detention centers, that the agency is paying local facilities — like the St. Martin Parish Correctional Center — millions of dollars each year to board its prisoners. But the local jails are often ill-equipped to deal with the inmates, and that lack of preparedness likely contributed to the current standoff, say human rights watchdogs and immigration advocates.
“You see in letter after letter from prisoners the level of frustration, the level of depression that comes from years of indefinite detention,” says Allyson Collins, a senior researcher at Human Rights Watch. The Washington, D.C.-based international human rights organization issued a lengthy report in September 1998 titled “Locked Away: Immigration Detainees in Local Jails in the United States,” which chastised the INS for warehousing its prisoners in local jails for indefinite periods of time. The organization contends that along with substantial sums of money, the INS is surrendering the welfare of indefinite detainees to officials of small-town jails which in most cases, are not subject to a uniform set of guidelines and are not regularly monitored.
In response to pleas from inmates across the country, Human Rights Watch spent 18 months investigating the INS detention system. Monitors visited 14 jails in seven states and received letters from and interviewed more than 200 INS detainees, including detainees in St. Martin Parish Correctional Center. (Human Rights Watch investigators were not allowed to tour the jail, however.)
What the group discovered was troubling. Detainees cited the denial of appropriate medical care, lack of outdoor exercise, correctional officers without language or other skills necessary to deal with INS prisoners. They also mentioned a shortage of law materials and reading materials in foreign languages, excessive or inappropriate discipline, commingling with accused or criminal inmates, and isolation from family and friends through restrictive telephone, correspondence and visitation policies.
Immigration detainees, whether held in INS detention facilities or in local jails, have a right to legal counsel, but holding them in local jails makes it more difficult for them to obtain legal assistance. And since INS prisoners can be frequently and unexpectedly shuffled from one local jail to another, depending on available bed space, maintaining consistent legal representation can be nearly impossible.
Because the INS doesn’t have space for its burgeoning inmate population, it has farmed them out. Its jails of choice are often in small towns and counties in Louisiana and Texas, where rents range between $30 and $55 a day, per prisoner. That’s cheaper than elsewhere — the INS pays an average of $58 per day, per detainee, with rates running as high as $100 a day in some places. The agency pays $45 per day to the St. Martin Parish Sheriffs Office to house each of its approximately 60 prisoners.
This system of farming out detainees to area jails creates a harsh environment for non-removables, Human Rights Watch concluded. While INS enforces minimum standards in its own detention centers and privately contracted facilities, there are few standards for local jails. The result has been inconsistent, inadequate treatment for some detainees. The only laws or regulations regarding detention conditions for INS detainees are four minimal requirements contained in federal regulations: 24-hour supervision, compliance with safety and emergency codes, food service and emergency medical care. No other laws or regulations are in place for facilities holding INS detainees. The loose regulatory environment has fostered an active market for counties eager to make money off of federal prisoners.
A survey of Texas counties with INS contracts conducted last year for the Austin Chronicle found communities making as much as $6 million per year by housing INS prisoners. It’s a windfall that has helped stabilize or lower taxes in some areas and enabled several counties, including Comal County and Denton County, to embark on major capital building projects. These projects include prison expansions, which local officials say are planned at least partly with future INS detainees in mind.
And Texas is not alone. St. Martin Sheriff’s Office spokeswoman Capt. Audrey Thibodeaux told reporters recently that the reason the county is holding INS inmates is that, “It’s a source of revenue.” Before the hostage crisis began, 60 of the 160 prisoners being held in the St. Martin jail were non-removable Cubans.
The hostage situation in St. Martinville is the latest incident in which frustrated INS prisoners have lashed out at the system. In March of last year, INS detainees in El Centro, Calif., assaulted security officers, barricaded themselves in their barracks and burned mattresses. In June of 1998, 34 INS detainees were moved out of a Florida jail after they alleged that they had been mistreated by officers at the Jackson County jail. In 1987, Cuban inmates being held by the INS rioted at facilities in Oakdale, La., and in Atlanta.
INS officials contend that the non-removable population is a relatively small part of the 170,000 prisoners who will pass through INS custody this year. “The average length of detention in INS custody for a criminal alien is about 45 days. Our population turns over rather quickly,” said INS spokesman Russ Bergeron. In addition, Bergeron said his agency is trying to move as many non-removable inmates into more secure federal facilities. But it is being constrained by the federal budget. At present, about a quarter of the INS’s non-removable prisoners are being held by the Federal Bureau of Prisons.
The federal prison system is “better able to handle them and better able to meet the needs of people in long-term custody,” said Bergeron, who added that the INS plans to transfer an additional 1,000 non-removable prisoners to the Federal Bureau of Prisons during the current fiscal year.
But even this INS project won’t do much to quiet critics. In its report last year, Human Rights Watch specifically condemned the U.S.’s indeterminate sentencing policy, saying it is “clearly prohibited by international law.” It also said that “detention becomes arbitrary when detainees, who are not serving a criminal sentence, do not know when they will be released and have no genuine mechanism to challenge the indefinite nature of their detention.”
Two international human rights documents prohibit the use of indefinite detention, including the Universal Declaration on Human Rights, which was ratified by the members of the United Nations in 1948. The International Covenant on Civil and Political Rights, ratified by the United States in 1992, also prohibits the practice.
Robert Bryce is the managing editor of Energy Tribune. His latest book is Gusher of Lies: The Dangerous Delusions of "Energy Independence." More Robert Bryce.
Lisa Tozzi is a freelance writer in New York City. More Lisa Tozzi.
Will Latinos elect Obama?
Hispanic voters may not be as decisive a voting bloc as everyone assumes. Just look at the swing states
(Credit: AP/Jae C. Hong) The conventional wisdom is that the growing Latino vote is key to President Obama’s reelection prospects. By all accounts, Latinos favor the president over Mitt Romney by wider margins than they favored him over John McCain in 2008, when he won two-thirds of the Hispanic vote and captured crucial swing states with large Hispanic populations, including Colorado, Nevada and Florida. Bloomberg reported this week that lower-than-average unemployment in the key battleground states “coupled with the growth of adult minority populations in those states create a higher bar” for Romney in his quest to oust the incumbent.
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Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday). More Jefferson Morley.
Rep. Steve King: Immigrants are like dogs
Updated: On Monday, the Iowa GOP rep used a degrading metaphor to describe how America should select immigrants
Steve King (Credit: Reuters/Larry Downing) [Updated below]
Rep. Steve King, R-Iowa, compared immigrants to dogs at a town hall meeting yesterday, telling constituents that the U.S. should pick only the best immigrants the way one chooses the “pick of the litter.”
King told the crowd in Pocahontas, Iowa, that he’s owned lots of bird dogs over the years and advised, “You want a good bird dog? You want one that’s going to be aggressive? Pick the one that’s the friskiest … not the one that’s over there sleeping in the corner.”
Continue Reading CloseAlex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald. More Alex Seitz-Wald.
Mitt’s new Latino hurdle
The conservative Hispanic group Romney will address this week once slammed "right-wing extremists" on immigration
Mitt Romney (Credit: AP) As part of an effort to win back Latino voters, Mitt Romney will address a conservative Latino business group this week that has advocated immigration policy views in stark contrast to his own. Romney’s “self-deportation” policy put him well to the right of many of his GOP primary challengers, and the Latino Coalition once slammed “right-wing extremists” who opposed comprehensive immigration reform.
The presumed GOP nominee’s Wednesday speech to the Latino Coalition comes as polls show Romney way behind President Obama among Latino voters and with little hope of capturing the 44 percent of the bloc George W. Bush won in 2004, a highwater mark for the GOP. Even New Mexico Gov. Susana Martinez (R) — whom Romney floated as a potential vice-presidential choice — mocked the presumed GOP’s immigration policy last week.
Continue Reading CloseAlex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald. More Alex Seitz-Wald.
Obama’s broken immigration promise
ICE said it would target dangerous immigrants, but it's actually deporting a higher percentage of non-criminals
A man in Ciudad Juarez, Mexico, stands next to the border fence as two U.S. law enforcement officers look on from the U.S. side of the fence. (Credit: AP/Raymundo Ruiz) The Obama administration claims that it is deporting record numbers of illegal immigrants while focusing on those with criminal records. But new data from Immigration and Customs Enforcement shows that the number of deportation orders has declined dramatically since last summer and non-criminals comprise a growing percentage of those expelled from the country.
That wasn’t supposed to happen under a policy of “prosecutorial discretion” announced by ICE director John Morton last June. The goal of the policy, announced with much fanfare in the Spanish language media, was to spare “longtime lawful residents” from deportation and to focus on criminals.
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Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday). More Jefferson Morley.
Dreamers spurn Obama
Young immigrants feel tricked by the White House line on Marco Rubio's revival of the DREAM Act
Supporters of the DREAM Act take part in a demonstration in front of the White House. (Credit: AP/Pablo Martinez Monsivais) Mohammad Abdollahi has not followed every twist and turn of the national immigration debate. He has been too busy trying to save a friend from deportation.
Last month, 20-year-old Izlia Luna of Medford, Ore., was stopped by police for a traffic altercation. The judge threw out the charges. But under the mandate of the Obama administration’s Secure Communities program, Luna’s fingerprints had been taken. She was found to be undocumented. Luna was brought to the United States from Mexico when she was 2 years old. Instead of being released she was sent to an ICE detention facility in Tacoma, Wash., 340 miles from her home.
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Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday). More Jefferson Morley.
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