Immigrants Face Long Detention, Few Rights

Analysis Of ICE Database Shows Most Being Detained Don't Have Criminal Record

(AP)  America's detention system for immigrants has mushroomed in the last decade, a costly building boom that was supposed to sweep up criminals and ensure that undocumented immigrants were quickly shown the door.

Instead, an Associated Press computer analysis of every person being held on a recent Sunday night shows that most did not have a criminal record and many were not about to leave the country — voluntarily or via deportation.

An official Immigration and Customs Enforcement database, obtained under the Freedom of Information Act, showed a U.S. detainee population of exactly 32,000 on the evening of Jan. 25.

The data show that 18,690 immigrants had no criminal conviction, not even for illegal entry or low-level crimes like trespassing. More than 400 of those with no criminal record had been incarcerated for at least a year. A dozen had been held for three years or more; one man from China had been locked up for more than five years.

Nearly 10,000 had been in custody longer than 31 days — the average detention stay that ICE cites as evidence of its effective detention management.

Especially tough bail conditions are exacerbated by disregard or bending of the rules regarding how long immigrants can be detained.

Based on a 2001 ruling by the U.S. Supreme Court, ICE has about six months to deport or release immigrants after their case is decided. But immigration lawyers say that deadline is routinely missed. In the system snapshot provided to the AP, 950 people were in that category.

The detainee buildup began in the mid 1990s, long before the 2001 attacks on the World Trade Center and the Pentagon. Since 2003, though, Congress has doubled to $1.7 billion the amount dedicated to imprisoning immigrants, as furor over "criminal aliens" intertwined with post-9/11 fears and anti-immigrant political rhetoric.

But the dragnet has come to include not only terrorism suspects and cop killers, but an honors student who was raised in Orlando, Fla.; a convenience store clerk who begged to go back to Canada; and a Pentecostal minister who was forcibly drugged by ICE agents after he asked to contact his wife, according to court records.

Immigration lawyers note that substantial numbers of detainees, from 177 countries in the data provided, are not illegal immigrants at all. Many of the longest-term non-criminal detainees are asylum seekers fighting to stay here because they fear being killed in their home country. Others are longtime residents who may be eligible to stay under other criteria, or whose applications for permanent residency were lost or mishandled, the lawyers say.

Still other long-term detainees include people who can't be deported because their home country won't accept them or people who seemingly have been forgotten in the behemoth system, where 58 percent have no lawyers or anyone else advocating on their behalf.

ICE says detention is the best way to guarantee that immigrants attend court hearings and leave the country when ordered.

"It's ensuring compliance, and if you look at the stats, for folks who are in detention, the stats are pretty darn high," said ICE spokeswoman Cori Bassett.

By comparison though, most criminal suspects, even sometimes those accused of heinous offenses, are entitled to bail.

"We're immigrants, and it makes it seem like it's worse than a criminal," said Sarjina Emy, a 20-year-old former honors student who spent nearly two years in a Florida lockup because her parents' asylum claim was denied when she was a child. "I always thought America does so much for justice. I really thought you get a fair trial. You actually go to court. (U.S. authorities) know what they are doing. Now, I figured out that it only works for criminal citizens."

The use of detention to ensure immigrants show up for immigration court comes at a high cost compared to alternatives like electronic ankle monitoring, which can track people for considerably less money per day.

Based on the amount budgeted for this fiscal year, U.S. taxpayers will pay about $141 a night — the equivalent of a decent hotel room — for each immigrant detained, even though paroling them on ankle monitors — at a budgeted average daily cost of $13 — has an almost perfect compliance rate, according to ICE's own stats.

For years, ICE and its predecessor, the Immigration and Naturalization Service, had the power to detain immigrants. With little bed space or public clamor to lock people up, though, millions of foreigners quietly went about life in the United States.

In 1996, Congress passed a pair of laws requiring that immigrants who committed crimes be locked up for deportation, beginning a dramatic run-up in incarcerations. So-called "criminal aliens" — immigrants convicted of a crime, including some misdemeanors like low-level drug crimes — became mandatory detainees even if their original crime brought no prison time.

A system that housed 6,785 immigrants in 1994 now holds nearly five times that amount in 260 facilities across the country, most under contract with local governments or private companies. For this fiscal year, ICE has enough money budgeted for 33,400 people on any given night.

Emy, who was raised in Orlando, Fla., spent 20 months in a detention center even though she had no criminal record. She traded her Baby Phat clothes for a gray uniform and window-shopping at the mall for a law library behind razor wire.

Her only crime? Her parents, who feared her father's political affiliations endangered the family, brought her and two brothers to the United States from Bangladesh in September 2003 — when she was 5, according to court documents.

She doesn't speak Bangla and never imagined a future without college. No one in her family realized her father's work certificate from the Labor Department didn't equate to legal immigration status.

Family members were rounded up in July 2007, treated as fugitives on a dated but active deportation order.

Her parents were deported first. Emy languished in custody while continuing her fight to stay.

But because the asylum application had been filed on behalf of the entire family, only the parents got a hearing. Emy never saw a judge, according to Emy and her attorney.

"Justice is not being served," she said from a prison pay phone.

In January, a federal appeals court denied her petition to stay in the U.S. Fearing she'd celebrate another birthday behind bars, Emy agreed to be deported and left the country Feb. 18.

Immigration law "is the only United States law where we punish the children for the actions of their parents," said Emy's attorney, Petia Vimitrova Knowles.

Immigration violations are considered civil, something akin to a moving violation in a car, so the government can imprison immigrants without many of the rights criminals receive: No court-appointed attorney for indigent defendants, no standard habeas corpus, no protection from double jeopardy, no guarantee of a speedy trial.

"You're locking up people without even a hearing," said Judy Rabinovitz of the American Civil Liberties Union's Immigrants Rights Project. "That, to me, is the outrage: basic due process. Since when do we allow the government to lock up people without even giving them a bond hearing?"

Most immigrants are navigating a complex legal system without an attorney. Fifty-eight percent went through immigration proceedings without an attorney in fiscal year 2007, according to the Executive Office for Immigration Review, a branch of the U.S. Justice Department.

But, ICE officials often argue, immigrants largely hold the keys to their own freedom. If they simply agree to return to their home country, they can go, Bassett said.

"They're making a choice (that) they're going to appeal, which is their right," she said.

But even giving up, or winning a claim, doesn't always spell freedom because ICE acts as police officer, arraignment judge, jailer and prosecutor. It has sole jurisdiction over when a detained immigrant is sent back after a deportation order is issued, and can continue to hold immigrants while it appeals a decision that didn't go its way.

In another telling case, Ahmad Al-Shrmany, a 34-year-old Iraqi with no appeal pending, begged for a year to be deported and yet remained in detention. He wanted to be allowed to go to his native Iraq or his adopted Canada, where he had been granted asylum a decade ago. A lawyer filed a habeas corpus petition in December that went unanswered.

"Just deport me. That's your job," he said in a late January interview with the AP that ICE officials tried to block minutes before it was scheduled at a Houston lockup.

Less than a week after the interview, Al-Shrmany was deported to Canada, said his lawyer, Afreen Ahmed.

Immigrant advocates say ICE prefers incarceration for non-criminal immigrants, even though alternatives are available, for one major reason: to strong-arm people.

"When you're there for weeks and weeks or months or months, your determination to fight your charges is reduced," said Judy Green, a policy analyst with Justice Strategies, a nonpartisan think tank on incarceration issues. The goal is "to keep intense pressure on detainees to agree to removal and not to fight on whatever grounds they have for relief."

The Rev. Raymond Soeoth, a Pentecostal minister from Indonesia who had never been imprisoned, said his lengthy incarceration — and the uncertainty of how long it would last — wore on him as he fought his immigration case and pursued a lawsuit accusing ICE officials of forcibly drugging him and other detainees.

"We just wait. We cannot do anything," said Soeoth, who was released after more than two years, given a special visa as part of the government's settlement of the drugging lawsuit.

[frankinaz]

"America's history is full of white folks lies.People on the Mayflower came to America illegally."
Please show me proof of ANY law that the Native Americans had at that time, in this hemisphere, that specifically outlawed those who arrived on the Mayflower, or any other ship, from entering and staying the in the New World, illegally or otherwise.

[redbarron73]

Meantime, with millions of Americans without jobs no Liberal Democrat will address the 500 pound gorilla in the room, millions of invading Illegal Aliens taking millions of jobs that should be American jobs and 100,s billions of dollars in social services that should be for American citizens!

One cannot be political correct and admit that Illegal Aliens are an large part of the problems in this Nation.

Their negative impact extends to every area from Sub-par loans, Lower standard of living, Crime, Bankrupted hospitals, Failing schools, Property Taxes, Insurance costs, Environment, Culture, Welfare costs, Welfare fraud, SS fraud, Voter fraud, Disrespect for laws, our Constitution against invasion and even Balance of payments occurring from oil and other imports to support the 20 to 30 million illegal aliens in this country!

One has to only look at Calif. which is basically mostly an Spanish speaking, Bankrupt state that cannot afford to provide Welfare, Schooling, Medical, Prison cells etc. for millions of MS-13 Gang bangers, Drug dealers, Rapist and other assorted Criminals and uneducated, fast breeding, third world rejects from Mexico!

In a very few years it will be impossible to see where Mexico ends and Calif. begins as both will be an third world cesspool!

Failure to secure our borders and reward the Invading horde for their invasion and their relatives in an never ending chain with American Citizenship is nothing less than committing National Suicide & will assure our future is an over populated Spanish speaking third world Nation that is an Cesspool of Corruption, Crime, Poverty and Misery modeled on Mexico!
Posted by american_11-2009 at 4:12 AM : Mar 16, 2009


Well said.

This is one of the only issues that I disagree with Democrat policy. NO AMNESTY!

At the rate the Latino population is reproducing, the USA will indeed soon resemble Mexico City. And the fact that a child born in the US is automatically a citizen encourages abuse of the system.

In the last 20 years, we have seen California, Arizona, New Mexico, & Texas completely overrun.

Now, watch as all ten children from each family have ten children of their own..........

[barbaram99]

just 'member lass.lad yer forebears entered this nation many years ago. Some on ships years ago. Some from Rngland,Iraland,-they came. If my late grammum knew where our forebears came from she would never say. I tryed to get the answer out of her as I was raiaed in foster homes. I say Lraland/England the great gread parents hailed from on Dads dide. I was born here as were my parents.

[barbaram99]

Happy St Paddy's Day. .
One the things our teacher taoght us years ago is we welcome vistors to our nation. Some wish to stay. . They can if they enter properly.

[thirdreichter]

ah... i forgot check this out
http://www.dailymail.co.uk/home/moslive/article-1160972/The-far-right-march-rise-fascism-Austria.html

[thirdreichter]

Jim Marrs argues that some surviving members of Germany's Third Reich, along with sympathizers in the United States and elsewhere, given safe haven by organizations like ODESSA and Die Spinne, have been working behind the scenes since the end of World War II to enact at least some of the principles of Nazism (e.g. military-industrial complex, imperialism, widespread spying on citizens, use of corporations and propaganda to control national interests and ideas) into culture, government, and business worldwide, but primarily in the United States. He cites the acquisition and creation of conglomerates by Nazis and their sympathizers (anti-immigrants "if you will") after the war, in both Europe and the U.S.
This neo-Nazi conspiracy is animated by an "Iron Dream" in which the United States gradually establishes a "Fourth Reich", known as the "Western Imperium", by imposing a "New Order" - a pan-Aryan world empire encompassing lands with prominent Aryan ties (Europe, Russia, Anglo-America, Australia, New Zealand, trying to enslave and dominate the "inferior races" by segregating them out of their own countries. Fascism at its best.!!!!!!! go ahead ignorant whites, kick the ilegal immigrants out of your countries, in the end we shall all burn in hell.!!!!!!

[thirdreichter]

kill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.kill
kill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.kill
kill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.killkill.kill.kill.kil

[thirdreichter]

yes. arrest'em criminals, and put'em in concentration camps, they're not human. we don't wanna share the same country, or the planet with this animals.
heil hitler!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[barbaram99]

us Americans used to be nice years ago. Yer right if we go to a nation to live they boot us out. Yet we allow the illegals here and the ones here won't learn english and so we can't lock them up- the prisoms s are full, They come here as they think it is better in America than in their nations..

[saturn05]

Is this story about illegal immigrants or just immigrants?

[colt8881]

Simple and EASY SOLUTION.

All Illegal Immigrants that are in JAIL RIGHT now. Pack em all up and send them back to where they came from.

They are ILLEGAL and not a US citizen so they have no rights here. Even if they have no prior record they are here Illegally so ship em all out.

[kgo54]

What do you suppose would happen to an American citizen caught in Mexico or any of the other countries these people invading our country come from, without a valid visa and passport??? Straight to prison,,,, and hopefully your family can send you toilet paper since they don't provide you any, during your stay. We Americans are much too nice.

[barbaram99]

I went to school years ago in Maine and yep we studied the New England history. Frankly it is rude to tell anolder person to shut up when as the daghter of a Vet. Yes the the history taught today is so full of lies. Maine was named by King Charles in 1602 as there were British folks that came from Endland. That is fact. The fisrt English people came to Then York MA now York ME. We were taught that in school. . iI am 54. Read about the English coming over here when America was not a nation. If yerwant the truth the white men who were ihhere were subjects of the king-that meant the fonding Fathers as the the Rev War was illegal as they were fighting their Mother nation. They almost lost that war..

[barbaram99]

We had no nusiness taking them off their lands and them revs that whites put them on -I would not live on one and I am white. ,It was the ice age and they walked here long before white folks. Yes I am an Ameican citizen and so are the parents that dumped me years ago. I don't know about the grand parents and back. We want to send the illegals home. We are all from other nations. We are here cos we are born of parents that were born here. Can't lock them up as the prosoms are full. So America's charity is running out. Nation was happy years ago to welcome them and use them. Now they get the boot. Aot of them were small children believing they are Americans s. Rude Awaking when they were not told yer not American. The only was the children now pay for their parents' fairure to have them natuonionised. They grow up thinking they be American wwhen they born else where. . The child's parents know but fail to tell the little as she/he grows up in Ameica. Wr use to welcome them. Now we don't. Americans can't live ib other nation flat broke. That;s right white Americans are not the first Americans. Asians were and they are what we call the Ammerican Indians. Whites are from Europe .

[rufus2008a]

barbaram99 ...go back to school and learn history. you are just full of misinformation about the founding of this country. if you do not know the facts, kindly shut upl

[rufus2008a]

Our court system is too slow and too complex. Needs immediate streamlining and get rid of wasteful delay tactics. Get criminals before a judge, ruled upon and then immediately released if innocent, of deported to whereever they came from with a do one return upon pain of lifetime prison tattooed on their butts.

[morbidcherub]

If you are here illegally, you are committing a crime. End of story. If you are not a US citizen then you have no expectation of the same rights granted to US citizens.

[tucano2]

Another "Boo-Hoo" piece paid for by La Raza, I'd bet. The illegals (from all over the world) are being brought in by big-rig trucks driven by Mexican nationals, and these terrorists are being dropped off routinely some 20 to 80 miles from the border inside the USA, sometimes at a shopping center parking lot near you anywhere in the USA. A country that cannot or will not secure its own borders is no nation.

[barbaram99]

Illegals. America's history is full of white folks lies.People on the Mayflower came to America illegally. Yep, They were British and the Ihdians should have sent all non America Inidans home tob their nations. No the People from Europe pushed them about and killed alot of them as white folks wanted their land. .Thecchurch had nothing to do with it. They say they came over here to worship as the see fit. That was not it at all. They failed to obey British law and so they came to America. America belongs to the Indans that was here first. Even the Fonding Fathers were British.

[louiville2]

Hmmmm entering and working illegally under someone else's identity, that's Illegal soo they ALL have criminal records.

Undocumented-----> Illegal alien

Unlicensed pharmacist-------> drug dealer

Unlicensed gun dealer -------> Death merchant

Involuntary conversion of a 747--------> Plane Crash

Climate change -------> global warming---------> mass hysteria ----------> trillions of dollars chasing rainbows.