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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, October 22, 2015

Immigration report finds systemic detention failures

MSNBC
By Amanda Sakuma
October 21, 2015

Inspections at immigrant detention centers across the country lack legitimacy and are carried out with little oversight or transparency, a new report by two pro-immigrant advocacy groups charges.

The report, released Wednesday by the organizations National Immigration Justice Center and Detention Watch Network, is based on documents obtained through years of litigation and Freedom of Information Act requests examining 105 immigrant detention facilities nationwide.

The groups find critical faults in how Immigration and Customs Enforcement (ICE) maintains facilities that detain as many as 34,000 immigrants on a given night. Not only does the agency self-regulate by creating its own standards, it self-audits conditions at each facility without any external oversight, something the report refers to as a “sham.”

The core of the report speaks to the culture of secrecy surrounding the numerous layers of enforcement on immigration, one of the most persistently hot-button issues in American politics.

Rep. Adam Smith, a Washington Democrat who has introduced legislation in Congress aimed at banning immigrant detention, said he was troubled by the lack of transparency and ICE’s reliance on private, for-profit prison companies to handle the day-to-day operations at immigrant detention centers. “Basically they determine what the conditions should be and then they audit their own standards,” Smith told reporters in a conference call Wednesday. “That’s obviously a conflict of interest.” ICE did not immediately respond to multiple requests for comment.

One of the Obama administration’s first actions on immigration during the president’s first term was to unveil plans for new reforms at the more than 300 facilities detaining immigrants across the country. Top policy experts spent months assessing the chain reaction to ICE’s rapidly expanding detention capacity, ultimately concluding that the agency needed to establish consistent standards and oversight across the board.

But in the waning days of the Obama presidency, advocacy groups have found that little has changed even as the nation’s detention capacity has more than doubled, leaving promises of reform still unfulfilled.


Claudia Valenzuela, director of detention at the National Immigrant Justice Center, said the documents that the groups obtained confirmed their suspicions that there was little consistent rhyme or reason determining how facilities earned positive inspection ratings. “The Obama administration has failed to improve the oversight or really gain control of the sprawling detainment system,” Valenzuela said. “We believe the failure of the inspection system, the failure of the oversight, really makes ICE complicit on human rights violations.”

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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