ice

Undocumented Teen Left Orphaned After Florida Pileup Crash Can Stay In U.S.

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Undocumented Teen Left Orphaned After Florida Pileup Crash Can Stay In U.S.

The U.S. Immigration and Customs Enforcement agency said Wednesday that an undocumented immigrant teen who was injured and lost her immediate family in Sunday’s multivehicle wreck in Florida will not face deportation, reports CNN.

ICE said Wednesday that Lidiane Carmo, 15, who was injured and lost her immediate family in Sunday’s multivehicle wreck in Florida will not face deportation.

“Our thoughts and prayers are with Miss Lidiane Carmo as she deals with the tragic loss of her family,” ICE spokeswoman Barbara Gonzalez said. “Reports of her facing deportation are completely false.”

On Sunday, according to the Carmo family, Florida Gov. Rick Scott visited the girl in the hospital and assured the family that Florida would take case of expenses, including the transportation of the bodies back to Georgia. The girl has no medical insurance.

“The governor gave the family members a phone number to call. They have called the number a few times, with no answer or returned call,” a source close to the family told CNN.

Immigrant Family Detention Could Return to Texas

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In 2009, the federal government stopped detaining families in Texas and cancelled plans to build new family detention facilities as advocates made clear that the practice was inhumane. Now, despite the administration’s stated commitment to reforming the detention system, plans are underway to build at least ten new detention facilities, including one to hold children with their parents.

The ACLU of Texas sued Immigration and Customs Enforcement in 2007 for detaining immigrant children at the T. Don Hutto Center in Texas. As a result, the facility for families was shut down and the only detention center in the country still housing families is in Pennsylvania is scheduled to close in March.

But last November, U.S. Immigration and Customs Enforcement put out a request for proposal for 100 new family detention beds in Texas, according to KUT.

“There is no reason why families must be detained while their immigration cases proceed and the administration could easily release children and parents to community based alternatives to detention,” said Seth Freed Wessler, Colorlines.com’s investigation reporter.

“Detention centers are dismal places, no matter how humane the administration tried to make them. They are no place for children,” Wessler went on to say. 

Immigrant rights advocate interviewed by KUT,  say probation-like alternatives should be
used instead, including ankle bracelets, home visits and home-like
community shelters.

Jakedrien Turner, Dallas Teen Deported to Colombia, Heads Home

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Jakedrien Turner, Dallas Teen Deported to Colombia, Heads Home

Jakedrien Turner, the 15 year old African-American girl who was mistakenly deported to Colombia by ICE last April, is on a flight back to the U.S. and could be home by today.

Dallas’ WFAA reports that Jakadrien’s grandmother Lorene Turner, who waged a relentless campaign to locate her granddaughter, received a phone call last night informing her that her Jakadrien would be returned to U.S. officials this morning. From WFAA:

“Trying to catch my breath,” said Lorene Turner, Jakadrien’s grandmother. “You just don’t know how I feel. I’m just speechless.”

Thursday night she received a call from Bogota. It was the answer to a prayer.

The Colombian government agreed to hand over Turner’s granddaughter, Jakadrien, to the U.S. Embassy.

“Oh I feel good,” she said. “It was worth it.”

The Dallas teen, who spoke no Spanish and is a U.S. citizen, reportedly told police that she was a native of Colombia after she was arrested for shoplifting last year. According to news reports, the name she gave immigration officials matched that of a person who was wanted on other charges, and even though Turner’s fingerprints didn’t match, ICE deported her anyway. Turner’s been living in Colombia since April of last year and making a living working at a call center.

For now, it seems the worst of Turner’s harrowing experience is over. The questions surrounding her alarming case–including how a minor was deported from the U.S. without immigration officials confirming her identity–continue to swirl.

Obama Proposes Letting Some Immigrants Stay in U.S. for Green Cards

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Obama Proposes Letting Some Immigrants Stay in U.S. for Green Cards

Obama administration officials announced on Friday a proposed new rule that would allow some undocumented immigrants to remain in the United States while applying for legal status — a step that would keep families together and get the president support from Latino voters, too.

Undocumented immigrants who are married to or are children of American citizens can generally apply for a visa known as a green card, but the law requires most immigrants already in the U.S. without papers to return to their home countries in order to receive their legal visas. The process can take anywhere between one to 22 years, and not every application is approved — which leaves some stranded and permanently separated from their families.

The New York Times provides more details of who the new proposal would help:

The change that immigration officials are offering would benefit United States citizens who are married to or have children who are illegal immigrants. It would correct a bureaucratic Catch-22 that those Americans now confront when their spouses or children apply to become legal permanent residents.

Now, Citizenship and Immigration Services proposes to allow the
immigrants to obtain a provisional waiver in the United States, before
they leave for their countries to pick up their visas. Having the waiver
in hand will allow them to depart knowing that they will almost
certainly be able to return, officials said. The agency is also seeking
to sharply streamline the process to cut down the wait times for visas
to a few weeks at most.

“The goal is to substantially reduce the time that the U.S. citizen is
separated from the spouse or child when that separation would yield an
extreme hardship,” said Alejandro Mayorkas, the director of the
immigration agency.

This regulatory adjustment, which will likely take until year’s end to complete, would not require congressional approval. It’s big news for families that will no longer be forced to separate in order to be in the country with legal status.

ICE Mistakenly Deports Dallas Teen Who Speaks No Spanish to Colombia

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Update: The teen, Jakedrien Turner, was on her way back to Dallas on Friday, according to local news reports.

An African-American girl who speaks no Spanish was mistakenly deported to Colombia by U.S. Immigration and Customs Enforcement (ICE) in April of 2011. And now Colombia isn’t releasing her.

Jakadrien Turner was 14 and distraught over the loss of her grandfather and her parents’ divorce and ran away from her Dallas home, according to KHOU. Somehow she ended up in Houston, where she was arrested by Houston police for theft. She gave authorities a fake name and when police ran that name, authorities learned it belonged to a 22-year-old undocumented immigrant from Colombia who had warrants for her arrest.

There’s only a few details and all ICE is saying is that they’re taking the case seriously.

Below is a missing child flyer that was released by the United Response Search and Rescue Team.

dallas_caseJakadrien-Turner-1.jpg

Sharing Prints: DOJ and FBI Must Take Responsibility for S-Comm Failures, Too

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It’s long past time for the Department of Justice (DOJ) to stop passing the buck on Secure Communities (S-Comm) and take responsibility for the controversial immigration enforcement program. S-Comm has caused unprecedented harms to public safety and community trust in the police: DOJ must urgently take action to end this disastrous initiative.

S-Comm has been implemented by Immigration and Customs Enforcement (ICE) in 1,659 jurisdictions across the country, disregarding the opposition of numerous states and localities. Under S-Comm, the FBI shares the fingerprints of every arrested person with the Department of Homeland Security (DHS) — despite the fact that sharing these prints contravenes agreements made between the states and the FBI.

The FBI publicly acknowledges that it doesn’t own the fingerprints: “They’re owned by the states, by the 18,000 law enforcement agencies across this country. They submit them to us and allow us to use them, we hold them and distribute them per [our] agreements with each of the states. And every state has a different law governing what records can be distributed and what they can be used for.” Documents recently obtained in an ongoing Freedom of Information Act (FOIA) litigation by the Center for Constitutional Rights, NDLON, and Cardozo Law School demonstrate that FBI brass know they’re violating these agreements. Recently uncovered e-mail exchanges among top FBI officials prove it.

FBI Assistant Director Jerome Pender, then in charge of the Bureau’s Criminal Justice Information Services (CJIS) Division, wrote on May 10, 2011 about the dilemma S-Comm causes for the FBI: “[W]e are stuck in the middle of a nuclear war. I don’t think we need DHS direction. I think we need AG direction. If we have to decide, I don’t see how we can use the [fingerprints] in a way the [state] owner explicitly bans. This could cause the whole CJIS model to implode.”

His CJIS colleague replied: “I agree. Any way we go will contradict one of our partners.”

The FBI and DOJ have been lying low on S-Comm, deferring inquiries to DHS despite being the conduit for S-Comm’s fingerprint-sharing. But Attorney General Eric Holder has the obligation to weigh in on S-Comm by honoring the FBI’s agreements with the states — the undisputed owners of these fingerprints.

DHS plans to implement S-Comm nationwide by 2013, despite knowing that the program violates contractual obligations between the states and the FBI. S-Comm is wasteful, has been rejected by the governors of Illinois, New York, and Massachusetts, encourages racial profiling, and prevents immigrants from reporting crimes. It has led to the detention and deportation of innocent crime victims and witnesses, including domestic violence survivors.

The DOJ is aware of all these problems, too. The DOJ’s Civil Rights Division has reported on and is currently investigating a significant number of jurisdictions in which S-Comm has been implemented, for discriminatory policing targeting Latinos and other immigrants. Yet S-Comm continues to operate in these places.

The recent FOIA revelations provide yet another reason why DOJ isn’t an innocent party in the implementation of S-Comm. The nation’s leading law enforcement agency must not continue to breach its agreements with state and local partners, whose voluntary fingerprint submissions are the lifeblood of the FBI’s criminal investigations. DOJ must immediately re-commit to honoring its agreements with the states, and terminate the FBI’s involvement with S-Comm — a failed program that harms public safety every day.

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Latest Report on Obama Immigration Program Highlights Racial Profiling

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Soon after the Obama administration’s centerpiece immigration program, Secure Communities, went into effect in West Virginia in 2009, patrons of a popular Latin dance club called Lobos drove into a trap.

One Sunday morning, police stopped three vehicles leaving the club, claiming failure to stop at a stop sign, among other minor traffic infractions. While none of the drivers — all Hispanic — received traffic citations, the eight people traveling in the cars were arrested, the first step toward deportation proceedings that are now pending in six of the cases.

The ACLU of Pennsylvania’s Heather Hoechst with Kyara (right) and Kimberly, whose parents were racially profiled, stopped and arrested by state police after leaving an nightclub in West Virginia.

Under Secure Communities, anytime state or local police arrest and book someone in a local jail — regardless of the offense — his or her fingerprints are electronically run through ICE’s immigration database. The program allows ICE to identify noncitizens in state and local custody and to initiate deportation proceedings against them — even before they have an opportunity to prove they did nothing wrong. ICE started the program in 14 jurisdictions in 2008, and it has since expanded to more than 1,500 jurisdictions in 44 states and territories with plans to expand the program nationwide by 2013.

When the ACLU affiliates of West Virginia and Pennsylvania visited the Lobos arrest site six months later, one of the attorneys discovered that there was no stop sign where a state trooper said the infraction took place. The trooper then changed his statement in the deportation proceedings from saying that a stop sign was ignored to saying that there was a failure to stop at an intersection. These stops in Inwood, W.V., were conducted by West Virginia State Police’s Martinsburg detachment, which has since been shown to be twice as likely to stop Hispanic drivers as Caucasians.

It is now clear that this type of racial profiling is going on far beyond Inwood, W.V. A new statistical analysis shows that Secure Communities is having a heavily disproportionate effect on Latinos. The report’s findings corroborate nationwide concerns about racial profiling, and further undermine the Administration’s claims that this immigration enforcement strategy is race-neutral.

The report, published by the Warren Institute at the University of California, Berkeley Law School, shows that out of a sample set of individuals arrested by ICE under Secure Communities, a striking 93 percent were Latinos — even though Latinos make up only about three-quarters of the undocumented population in the United States, and just slightly over half of the foreign-born population. The report, which was detailed in The New York Times, analyzes ICE’s own data obtained through FOIA litigation.

"We’ve long had anecdotal evidence that Secure Communities is fostering racial profiling, inviting law enforcement to single people out for arrest based on their race or perceived ‘foreignness,’" said Kate Desormeau, staff attorney at the ACLU Immigrants’ Rights Project. "The Warren Institute’s report provides an empirical backdrop, suggesting that racial profiling is extraordinarily widespread. It’s become very clear that there is simply no way to fix Secure Communities. It is hurting Latinos, undermining public safety, and it needs to be terminated."

ICE officials recently boasted about their record-breaking deportation rates for the third year in a row, deporting more than 1.2 million people at a rate that far exceeds that of the Bush administration. Officials often have credited the increase in deportation numbers to enforcement programs such as Secure Communities.

Department of Homeland Security (DHS) Secretary Napolitano recently renewed the administration’s commitment to Secure Communities in a speech Oct. 5, arguing that the program primarily removes individuals with criminal records. Yet ICE’s own statistics reveal that nearly 59 percent of all individuals deported under Secure Communities had only misdemeanor convictions or no criminal convictions whatsoever.

The Warren Institute’s report also found that Secure Communities has resulted in the arrest of a significant number of U.S. citizens, and that 39 percent of individuals arrested through Secure Communities have a U.S. citizen spouse or child.  These findings come on the heels of this month’s "Lost in Detention" documentary on PBS’s Frontline, which revealed heart-breaking stories of families that have been torn apart by Secure Communities.

The Warren Institute’s report further found that 83 percent of those arrested through Secure Communities are placed in immigration detention, that only one in four are represented by counsel, and that only about half are given an opportunity to appear before an immigration judge — raising serious due process concerns. It is long past time to terminate this irreparably flawed program.

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Documentary Pries Open the Door to Immigrant Detention Centers

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In Maria Hinojosa’s documentary, “Lost in Detention,” which will air tonight on PBS’ “Frontline,” a father of three sits down with the journalist who asks him how he has handled his wife’s deportation. She was removed from the U.S. after she was pulled over for a traffic violation.

“I haven’t handled it,” he said. “It handled me.”

In many ways the immigration enforcement system is so overwhelming and so rogue that it handles all it touches. Making sense of what’s happening, and of the damage the system inflicts, is no easy task.

Hinojosa’s film uncovers some of the most troubling sides of that system, from local police involvement in deportation to abuses in detention centers. The film is perhaps the first time a full narrative about the failures of Obama’s immigration policy has been articulated to a mainstream public audience.

“I would just hope that maybe this documentary helps people engage with their neighbors and their friends,” Hinojosa told me. “Maybe we can just have this conversation.”

The last time I talked to Hinojosa, we had both recently returned from reporting inside immigration detention centers. And at the time, we were both still reeling from the experience. When we spoke again yesterday, I asked her about the detention centers.

In your film, you spend a lot of time on Willacy Detention Center, which you entered and filmed. When I went there, I most remember scenes of detainees marched up and down the hallways in silence, except for the sounds of guards yelling and metal doors slamming. I remember walking by a small holding cell where recently detained people were jailed after being loaded off the buses and paddy wagons. One woman was called out and a guard pointed her over to sit down at a table to conduct intake, handing her a face mask to wear before she spoke to the detention center worker. The women looked like they were coming into a prison camp, which is exactly where they were. The place was unreal. It’s not.

When I think back about what I saw in these detention centers, to be honest with you, everything that I saw was shocking. I heard stories of people who were detained who said things to me like, “I was fed food with maggots;” “I was fed raw chicken;” “I was fed spoiled food;” “I had no one to talk to and so, you know, we gave rats names;” “We could not see the sunlight;” “I was held for 10 days and nobody once told me why I was held, I never got a phone call out, I never got to see a judge, I never got to see a lawyer.” All of these things are shocking because they are happening in our country, on our watch.

Here in this office today, there was someone who I was talking to who looks like you–a woman with fair skin–but she has a green card, she’s from France. I just told her, “You have to become a citizen, you have to become a citizen now, you are not safe.”

People don’t realize that, you know, people think, oh Maria you’re being a little bit extreme. But the truth is that there are people who are being held in these places who have been living in our country with legal permits, with green cards and now they are being rounded up and detained and deported.

Willacy is a notorious place and you’ve done a lot of work in “Lost In Detention” to substantiate why: rampant sexual abuse, physical violence and blatant racism by guards. I know that you also visited two other detention enters while reporting. Is it your sense that immigration detention in the United States suffers from these kinds of abuses generally?

The problem with the immigration detention reality is that nobody at a very senior level has really spent any time understanding the fact that we now have the largest civil detention system in the world. So from the beginning, you have a huge population that’s being held, but there is no real government policy that is applied to civil detention. If you’re housed in a prison, you fall under the legal structure of the Bureau of Prison. If there’s abuse in that prison, there’s a legal path for you to make a complaint. If you are an immigrant and you are detained in an immigrant detention facility, you do not have the same rights to challenge the conditions under which you are being held.

So, what does that mean for our country? That you have thousands of people that are being held, but it’s unclear whether or not they have any legal recourse if anything happens to them while they’re being detained?

As a journalist, I’m concerned about this. As an American, I’m concerned about this. Because we believe that there’s some kind of legal recourse that we all have, because we have basic rights in our country. Now all of a sudden, you’re encountering a population that’s being told, “Actually you don’t have any legal recourse.” If abuses happen, well, if the abused is an immigrant then they just deport that person and the abuse case goes away.

Your documentary focuses in significant part on Secure Communities. You tell stories about that program, which checks the immigration status of anyone booked into a local jail, tearing families apart when a mother is stopped for a traffic violation. You interviewed Cecilia Munoz, the Obama administration’s top person on immigration. She told you that as long as long as Congress funds ICE to deport 400,000 people a year, the administration will continue to uphold the law of the land and these kinds of “collateral” consequences are inevitable. Resistance against Secure Communities is huge. I wonder how long you think the administration can keep this up?

I think that right now this is a system that the wheels are turning and it’s going to be very difficult to stop. You know, one of our whistle blowers, a former ICE employee, basically said, this is a machine that is starting and it’s being funded by Congress and so you’re not going to go back to Congress if you’re ICE and say, “Oh we couldn’t reach the 400,000 number that you funded us to meet.” No, if you’re ICE, you’re going to find 400,000 to deport.

You hear something like this coming from Cecilia Munoz, who was given a MacArthur Genius Award for her work on immigration and being an immigrant advocate… I’m sure this is very difficult for her; she didn’t say that it was in her interview. What she did say is that there will be 400,000 deportations a year.

The Obama administration, when it was running for office, was saying, we hear your pain to Latinos and to other immigrant constituencies. Now it is essentially saying, we feel your pain but we’re going to cause it, too.

You’ve said this is getting worse. What do you mean?

Well, we didn’t have hundreds of detention centers housing immigrant detainees. We didn’t have that. If you were here and you were a refugee and you were applying for political asylum, you were not going to be housed in a detention center while that was happening…. I think that it’s not just individual stories of families being separated, it’s the fact that this is happening every hour in our country, somewhere a process is being made to figure out which immigrant where is going to be detained.

As a woman in particular, this was a difficult story to report, because I met two women personally who were sexually assaulted while they were detained. One of them ends up in our documentary, basically telling us that she had been told that if she talked about the fact that she had been sexually assaulted by a male guard, that it would go worse for her. That she could be killed; that she could be deported. This to me is so distressing….

I think of one story that resonated that did not end up in the documentary. One of the young women we met, she was raised in Austin, she speaks perfect English, your typical American girl–except she wasn’t, she didn’t have a working green card. She was telling this story about what they would do at Willacy when they would find a bed bug or a flea or lice. She said that they would take all of the women, they would undress them, they would strip them, they would have them strip all the beds, all the sheets, put this all into one big pile, that they’d go wash or destroy it. And then all the women had to stand in line for the showers, which are open, no privacy. And she said, “So there we were all standing in a line naked to go to the showers, and you know there’s this movie I remember seeing as a younger person, and I felt like I was in it. The movie was called ‘Schindler’s list.’ ”

To me, that just sent shudders through my spine. Maybe she did not quite understand what the comparison was that she was making, I don’t know. To me, just hearing her say this was so shocking that I almost did not have a follow-up question. This is important for all of us living in the country to know and see. We have to see it in order for it to change.

Arizona Border Fence Causes Flood and Self-Destructs–as Predicted

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Arizona Border Fence Causes Flood and Self-Destructs--as Predicted

Mother Earth has spoken. Amidst recent reports that detail just how harmful the United States border barrier is to local wildlife and their habitats, rainwater knocked down 40 feet of the fence in Arizona last Sunday night.

The stretch of fence that washed away was part of a 5.2 mile mesh barrier that was built between 2007 and 2008. Though it is the first time this particular fencing has fallen, it came as no surprise to officials at Organ Pipe Cactus National Monument, where the fence is located. When Organ Pipe expressed their concern with the proposed design for the barricade before its completion, Border Patrol unsurprisingly issued a final environmental assessment that said they found that it would have no significant impact. They added that, despite the claims of Organ Pipe officials, it would not cause flooding. They were wrong.

Lee Baiza, Superintendent of Organ Pipe Cactus National Monument, told the Arizona Daily Star, “The fence acts as a dam and forms a gradual waterfall. … The water starts backing up and going higher. The higher it gets, the more force it has behind it.”

It only took 2.5 inches of rain to wash away the fence, and because Baiza says bursts of strong rain are common in the area, it probably won’t be the last time such an incident occurs. Matt Clark, the Southwest representative for Defenders of Wildlife, says this is an example of consequence of Homeland Security’s disregard for expert advice in an effort to quickly erect border fences.

Along with flooding, border barriers have other disruptive impacts on the environment. According to a study by the University of Texas in Austin, the fences divide wildlife habitats and populations, including those of several endangered species. It notes that small-range size is correlated to a greater risk of extinction and shows that the fences cut down range by 75 percent in some cases.

The study recommends creating additional openings or removing the barrier in key areas of connectivity between the United States and Mexico. If people don’t do it, maybe the weather will.

Michigan ICE, Accused of Abuse and Racial Profiling, Clears Itself of Wrongdoing

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Michigan ICE, Accused of Abuse and Racial Profiling, Clears Itself of Wrongdoing

Back in March, parents trying to drop off their kids at the Hope Academy in southwestern Detroit’s Latino immigrant neighborhood complained that Immigration and Customs Enforcement agents had staked out the school, trailing parents as they came and went. School administrators came forward to defend families, who took refuge in the school because they feared harassment. ”We want this to stop,” Hope Academy’s principal, Ali Abdel, said during a protest after the raid.

The Department of Homeland Security later confirmed that two families were indeed questioned and detained by ICE officials, despite ICE policy that cautions agents to avoid “sensitive” areas like schools. Abdel reported that attendance had plummeted since the raid, and students who did come were so gripped with fear that they couldn’t focus in class, People’s World reported.

Now, ICE has cleared itself of any wrongdoing in that and 12 other incidents in which it has been accused of abuse. An internal ICE investigation, conducted following outrage in the Michigan immigrant community, concluded recently that “ICE officers did not engage in any abuse or professional misconduct,” ICE spokesperson Brian Hale said upon, according to the Detroit Free Press.

Michigan’s immigrant community disputes that conclusion.

“Surrounding an elementary school with immigration agents is a serious problem that deserves a serious response, not a whitewash,” Art Reyes from the Hispanic Latino Commission of Michigan said in a press conference this weekend, People’s World reported. Immigrant rights activists say that what happened at Hope Academy wasn’t an isolated incident, either.

Ivan Nikolov was forced to watch while his mother was strip searched by ICE officials in detention, and when he begged them to stop, they told him he ought to be grateful they didn’t shoot her, New America Media reported.

When ICE raided a family’s Cincinnati home in February, Andres Lopez and his family were terrified by ICE’s aggressive abuse, the Cincinnati Enquirer reported. They burst into his home, handcuffed him and slammed him into a wall in his house while his fiance and children watched, creating a three-foot-long crack in the wall that’s still there. The ICE report, however said that Lopez was arrested “as an illegal alien” and when he resisted arrest, “was subsequently guided into a wall by the officers.”

“We were very disappointed” in the report, Lawrence Garcia, president of the Michigan Hispanic Bar Association, told the Michigan Messenger. After the incident at Hope Academy garnered national attention and immigrant advocates demanded the ICE investigation, they hoped for some internal accountability from the immigration enforcement agency.

“The promise that we got was that we would have a personal return visit from [ICE Director] John Morton within 60 days and instead we got a self-serving report in 75 days with an inadequate explanation of the events that gave rise to so many complaints.”

Immigrant rights advocates continue to press for accountability for what they call overly aggressive policing, excessive force and racial profiling that targets immigrants of color and leads to the violent treatment of people who come into ICE custody.

Garcia told Michigan’s 91.1FM that the organizing is not over. “So it’s not just about wanting a free pass for everyone who’s here. But it’s about having ICE be accountable for doing its job in a way that’s consistent with its internal policies, and general principles of America.”

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