DOCSLIB.ORG

Immigration Detention in California

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Immigration Detention in California The California Department of Justice’s Review of Immigration Detention in California February 2019 Xavier Becerra California Attorney General The California Department of Justice’s Review of Immigration Detention in California February 2019 Xavier Becerra California Attorney General Background and Overview California is one of the frst states to examine the daily operations of detention facilities housing civil immigration detainees. After public reports of distressing conditions and several deaths in detention facilities surfaced with little to no transparency, the California Legislature enacted Assembly Bill 103 (AB 103) in June 2017. Under AB 103’s 10-year mandate, the California Department of Justice is charged with reviewing and reporting back to the Legislature, the Governor, and the public about the conditions of confnement, including how those conditions impact due process, and the circumstances around apprehension and transfer of detainees in public and privately operated locked detention facilities housing immigration detainees in California. In preparation of this report, the California Department of Justice (Cal DOJ) consulted with dozens of experts, visited all ten public and private detention facilities in California, and engaged in comprehensive reviews of three of the ten facilities, including the juvenile detention facility housing children in immigration proceedings. This review allows California to understand issues related to health, welfare, and other conditions in immigration facilities in the state—including local publicly operated facilities. The report is intended to provide transparency to the public regarding those conditions. It includes a written summary of fndings that detail the diffculties immigration detainees face while in detention such as signifcant restrictions on liberty, language barriers, limited access to medical and mental health care, minimal contact with family and friends, and numerous barriers to securing legal representation or the evidence and other support they need. This initial report is the frst important step towards ensuring that civil immigration detainees are afforded critical health, safety, and due process protections through their conditions of confnement in California. Immigration Detention Facility Report Team Xavier Becerra Attorney General Daniel Torres Special Assistant to the Attorney General Angela Sierra Chief Assistant Attorney General Michael Newman Senior Assistant Attorney General Susan Slager Supervising Deputy Attorney General Randie C. Chance, Ph.D. Director, Department of Justice Research Center Elizabeth Duenas Special Agent, Division of Law Enforcement Domonique C. Alcaraz Deputy Attorney General Marisol Len Deputy Attorney General Julia Harumi Mass Deputy Attorney General Vilma Palma-Solana Deputy Attorney General Jasleen Singh Deputy Attorney General Katyria Serrano Associate Governmental Program Analyst Tiffany Jantz, Ph.D. Research Associate, Department of Justice Research Center Table of Contents Executive Summary ..............................................................i Glossary of Terms................................................................v I. Introduction.................................................................1 II. Background .................................................................3 1. Immigration and Nationality Act Provisions Authorizing Civil Detention..................3 2. Applicable Detention Standards ...............................................5 III. Methodology ...............................................................10 1. Review of Publicly Available Information and Input from Stakeholders .................10 2. Consultation with Experts...................................................11 3. Preliminary Site Visits ......................................................11 4. Comprehensive Reviews ....................................................12 IV. Demographics of the Immigration Detainee Population in California .....................13 V. Overview and Brief Description of Seven out of the Ten Facilities Housing Immigration Detainees in California ..............................................20 1. Adelanto ICE Processing Center ..............................................21 2. Imperial Regional Detention Facility............................................23 3. James A. Musick Facility ....................................................26 4. Mesa Verde ICE Processing Facility ............................................28 5. Otay Mesa Detention Center ................................................30 6. Rio Cosumnes Correctional Center ............................................33 7. Yuba County Jail..........................................................34 VI. Comprehensive Facility Review: Yolo County Juvenile Detention Facility...................37 1. Background .............................................................37 2. Methodology ............................................................39 3. Summary of Key Findings . .39 4. Apprehension and Transfer of Detainees to Yolo ..................................40 5. Conditions of Confnement at Yolo ........................................... 43 6. Due Process . 64 7. Conclusion.............................................................. 66 VII. Comprehensive Facility Review: Theo Lacy Facility .................................. 67 1. Background . 67 2. Methodology ............................................................ 68 3. Summary of Key Findings ................................................... 69 4. Apprehension and Transfer of Detainees to Theo Lacy ............................. 71 5. Conditions of Confnement at Theo Lacy ....................................... 73 6. Due Process . 94 7. Conclusion.............................................................. 98 VIII.Comprehensive Facility Review: West County Detention Facility........................ 99 1. Background . 99 2. Methodology ........................................................... 100 3. Summary of Key Findings .................................................. 101 4. Apprehension and Transfer of Detainees to West County .......................... 103 5. Conditions of Confnement at West County.................................... 103 6. Due Process . 117 7. Effect of West County’s Termination of the ICE Contract .......................... 119 8. Conclusion............................................................. 120 IX. Summary of Key Findings.................................................... 121 1. Individuals in Immigration Detention: From Asylum Seekers to Long Time Permanent Residents............................................. 121 2. Conditions of Confnement Fail to Address the Unique Characteristics of Immigration Detention Population ......................................... 122 3. Due Process: The Challenges of Accessing Legal Services, Counsel, and Other Support for Immigration Cases While Detained ............................ 125 X. Conclusion and Next Steps................................................... 129 Acknowledgments............................................................ 130 List of Figures................................................................ 132 List of Tables ................................................................ 133 Executive Summary More immigrants are being held in detention facilities than ever before in American history. In Fiscal Year (FY) 2017, U.S. Immigration and Customs Enforcement (ICE) reported that a total of 323,591 individuals were booked into ICE custody to begin a new detention stay, with an average daily population of 38,106 amongst all its detention facilities.1 In FY 2018, the number increased by 22.5 percent for a total of 396,448 individuals booked into ICE custody.2 During the last three years, locked public and private detention facilities in California housed more than 74,000 immigration detainees, including youth, from over 150 countries. Although children, women, and men all comprise the immigration detainee population, the most typical profle for detainees housed in California is that of a 25- to 34-year-old male from either Mexico, India, Guatemala, Honduras, or El Salvador, who spends an average of 51 days at any given facility. While this is the most common profle in California, through our review, we also encountered immigrants as young as 13 and as old as 95, from Armenia, China, France, Germany, Ghana, Haiti, Ireland, Israel, Italy, Japan, Nigeria, Russia, Spain, South Africa, Syria, Thailand, and the United Kingdom, with lengths of stay at a single facility as long as 1,500 days (over 4 years). Immigration detainees in California come into ICE custody in three main ways. They may have been: (1) apprehended by or presented themselves to Customs and Border Protection (CBP) at the border, (2) arrested by ICE in the interior of the country after being in the United States with or without permission for some amount of time, or (3) taken into custody by ICE at the time of their release from local, state, or federal criminal custody. Some of these individuals are detained because they are found to pose a risk of fight or danger to the community. Others are detained because they cannot afford to pay the bond amount ordered, or because they are statutorily ineligible for bond as arriving aliens— including those seeking asylum—or due to certain past criminal convictions. The end result is the confnement of many immigrants in highly restrictive settings
Load more

Recommended publications
  • Worldwide Direct Flights File
    LCCs: On the verge of making it big in Japan? LCCs: On the verge of making it big in Japan? The announcement that AirAsia plans a return to the Japanese market in 2015 is symptomatic of the changes taking place in Japanese aviation. Low cost carriers (LCCs) have been growing rapidly, stealing market share from the full service carriers (FSCs), and some airports are creating terminals to handle this new type of traffic. After initial scepticism that the Japanese traveller would accept a low cost model in the air, can the same be said for low cost terminals? In this article we look at the evolution of LCCs in Japan and ask what the planners need to be considering now in order to accommodate tomorrow’s airlines. Looking back decades Japan was unusual in Asia in that it fostered competition between national carriers, allowing both ANA and Japan Airlines to create strong market positions. As elsewhere, though, competition is regulated and domestic carriers favoured. While low cost carriers (LCCs) have been given room to breathe in Japan their access to some of the major airports has been restricted, albeit by a lack of slot availability at airports such as Tokyo’s Haneda International Airport. The fostering of a truly competitive Japanese aviation market requires the opportunity for LCCs to thrive and that almost certainly means new airport infrastructure to deliver those much needed slots. State of play In comparison to the wider Asian region, LCCs in Japan are still some way from reaching comparable levels of market share. In October 2014, LCCs accounted for 26% of scheduled airline capacity within Asia; in Japan they have just reached a 17% share of domestic seats and have yet to gain a strong foothold in the international market, with just 9% of seats, or 7.5 million seats annually.
    [Show full text]
  • Development of a Forecast Model for Global Air Traffic Emissions
    Forschungsbericht 2012-08 Development of a Forecast Model for Global Air Traffic Emissions Martin Schaefer Deutsches Zentrum für Luft- und Raumfahrt Institut für Antriebstechnik Köln 235 Seiten 137 Bilder 70 Tabellen 133 Literaturstellen Development of a Forecast Model for Global Air Traffic Emissions Dissertation zur Erlangung des Grades Doktor-Ingenieur der Fakultät für Maschinenbau der Ruhr-Universität Bochum von Martin Schaefer aus Nürnberg Bochum 2012 Dissertation eingereicht am: 07. März 2012 Tag der mündlichen Prüfung: 29. Juni 2012 Erster Referent: Prof. Dr.-Ing. Reinhard Mönig (Ruhr-Universität Bochum) Zweiter Referent: Prof. Dr. rer. nat. Johannes Reichmuth (RWTH Aachen) PAGE I CONTENTS LIST OF FIGURES............................................................................. V LIST OF TABLES ............................................................................. XI LIST OF ABBREVIATIONS...............................................................XIV PREFACE.....................................................................................XIX 1 EXECUTIVE SUMMARY ......................................................................1 1.1 Objectives of this Study ..............................................................................................1 1.2 Abstract of Methodology .............................................................................................1 1.3 Summary of Results ...................................................................................................4 1.3.1 Overview
    [Show full text]
  • Punctuality League
    Published: January 2015 2014 Punctuality League On-time performance results for airlines and airports © 2015 OAG Aviation Worldwide Limited. All rights reserved OAG Punctuality League – Annual on-time performance results for airlines and airports Usage and attribution This information can be reproduced either in whole or in part, online or in print, for non-commercial purposes only but must include attribution to OAG and a link to www.oag.com. Disclaimer The intended recipient (“The Customer”) acknowledges that all data provided by or available through OAG is owned either by OAG Aviation Worldwide Ltd or by a third party provider (“The Owners”) and that the customer shall not acquire any ownership or interest in such data. OAG data is solely for the benefit and purposes of the intended recipient and may not be disclosed to, used by or copied by anyone other than the intended recipient. OAG Aviation Worldwide Ltd has used reasonable efforts in collecting and preparing data in the report but cannot and does not warrant that the information contained in this report is complete or accurate. OAG Aviation Worldwide Ltd hereby disclaims liability to any person for any loss or damage caused by errors or omissions in this report. 2 © 2015 OAG Aviation Worldwide Limited. All rights reserved Contents Foreword 5 Overview 6 Categories and Criteria 6 Airports: Small Category – <10m seats per annum 8 Airports: Medium Category – 10-20m seats per annum 10 Airports: Large Category – >20m seats per annum 12 Top Airlines: All 14 Top Airlines: Mainline Category
    [Show full text]
  • Skift Recovery Index April 2021 Highlights
    SKIFT RECOVERY INDEX APRIL 2021 HIGHLIGHTS SKIFT RESEARCH TAKE by + Skift Team Published May 2021 If you have any questions about the report skift.com please contact [email protected] Skift Recovery Index: April 2021 Highlights SKIFT REPORT 2021 2 REPORT OVERVIEW This report highlights the latest insights from the Skift Recovery Index. The index covers travel’s performance since January 2020, up to and including March 2021. The Skift Recovery Index is a real-time measure of where the travel industry at large — and the core verticals within it — stands in recovering from the COVID-19 pandemic. It provides the travel industry with a powerful tool for strategic planning, of utmost importance in this uncertain business climate. We are very happy to announce that we have entered into a data partnership with ForwardKeys, providing the Recovery Index with additional insights, and a strengthening of data on flight bookings and air passenger volumes. We also continue to work with Amadeus, Aviasales, Cendyn, Collinson, Criteo, Duetto, Hotelbeds, Key Data Dashboard, OAG, Onyx CenterSource, RateGain, Shiji Group, SimilarWeb, Skyscanner, Sojern, Transparent, and TrustYou as data partners to provide you with a monthly update of travel performance in 22 countries around the world. Skift Recovery Index: April 2021 Highlights SKIFT REPORT 2021 3 Skift Recovery Index: April 2021 Highlights SKIFT REPORT 2021 4 TRAVEL RECOVERY INCREASINGLY DIVERGENT The recovery is not linear, and far from congruent. We’ve been saying it from early on in the pandemic, but it is really playing out in front of our eyes now. While the average global score took another jump up, now standing at an average of 58 points in April 2021, compared to a baseline of 100 in April 2019, there is major inconsistency in the recovery between the 22 countries we track.
    [Show full text]
  • On-Time Performance Results for Airlines and Airports
    Published: January 2016 On-time performance results for airlines and airports © 2016 OAG Aviation Worldwide Limited. All rights reserved OAG Punctuality League – Annual on-time performance results for airlines and airports Contents Foreword Foreword 3 As 2015 passes into history, it will go on record as one of the most successful for About this report 4 commercial aviation. Initial indications are that the industry will report profits of around $33 billion and more passengers will have been carried than ever before as additional capacity Categories and criteria 5 continues to be introduced to the market. Airports: small category: <10m seats 6 As always, new airlines have appeared during the course of the year, adding healthy Airports: medium category: 10-20m seats 8 competition whilst welcome consolidation of some airlines has created a more sensible level Airports: large category: >20m seats 10 of competition and consumer choice in some markets. Most improved airports 11 The introduction of the A350 into commercial service and the continued expansion of B787 services on long and thin markets reflects the exciting opportunities around emergent Top airlines: all 12 markets and the opening of new city pairs around the globe. Along with the A320NEO Top airlines: mainline category 14 and B737MAX aircraft launches, there has perhaps never been as much optimism as we Top airlines: LCC category 15 currently see for global aviation. Airlines by region 17 More aircraft, more flights, new aircraft types and more passengers all place pressure on one of our most important industry metrics; on-time performance. – Asia Pacific 17 – Europe, Middle East and Africa (EMEA) 18 Therefore, as we publish the 2015 OAG Punctuality League, it is pleasing to report that overall punctuality continues to improve in many parts of the world.
    [Show full text]
  • 2016 Iata Strategic Partner Special
    INTERNATIONAL IATA STRATEGIC PARTNER SPECIAL A guide to aviation industry suppliers 2016 Headline sponsor www.oag.com/more connecting the world of travel more possibilities Data, analysis and intelligence that gives you the complete picture More Connections With worlds’ largest network of air travel data OAG More Expertise tells the whole story. From scheduling and planning, More Solutions flight status and day of travel information updates More Analytics to post journey analysis and review. More OAG We now have even more opportunities for our customers to deliver new sources of value with real-time insights, compelling visualisations, powerful applications and superior flight status information. Discover the whole story at www.OAG.com/more IATA DPS.indd 1 17/12/2015 10:35 www.oag.com/more connecting the world of travel more possibilities Data, analysis and intelligence that gives you the complete picture More Connections With worlds’ largest network of air travel data OAG More Expertise tells the whole story. From scheduling and planning, More Solutions flight status and day of travel information updates More Analytics to post journey analysis and review. More OAG We now have even more opportunities for our customers to deliver new sources of value with real-time insights, compelling visualisations, powerful applications and superior flight status information. Discover the whole story at www.OAG.com/more IATA DPS.indd 1 17/12/2015 10:35 IATA STRATEGIC PARTNER SPECIAL CONTENTS 06-07 Quality partnerships: the IATA Strategic Partnerships program helps bring suppliers’ wide-ranging expertise to the world’s airlines 08-09 World class: The business value of aviation is huge, see the big numbers in this infographic.
    [Show full text]
  • OAG FV XML for FIDS Integration Guide
    OAG FV XML for FIDS Integration Guide FVXML for FIDS Integration Guide - Version 1.0 Table of Contents 1. Introduction ............................................................................................................ 3 2. FlightView XML Servers ........................................................................................ 3 3. Standard Use Cases ................................................................................................ 3 4. Query Format ......................................................................................................... 3 4.1 Request Parameters ..................................................................................................... 4 4.1.1 Request Parameters for Standard Use Cases........................................................................... 5 4.2 Response Parameters ................................................................................................... 5 4.3 Additional Customer Configurations ......................................................................... 5 5. XML Response Format ........................................................................................... 6 5.1 Header ........................................................................................................................... 6 5.2 Results Status................................................................................................................ 6 5.3 Flight Elements ............................................................................................................
    [Show full text]
  • Approved Events List
    Department of Law and Public Safety Division of Gaming Enforcement Approved Leagues/Events for Sports Wagering Last Updated: July 28, 2021 Summary Pursuant to N.J.A.C. 13:69N-1.11, the Division has prepared this document for informational purposes only to answer frequently asked questions about how new events and bets are reviewed as well as to provide a list of currently approved leagues and events. Procedure for Approval of New Events/Wagers N.J.A.C. 13:69N-1.11: A sports pool operator shall not accept any wager on a sports event unless it has provided written notification to the Division of Gaming Enforcement of the first time that wagering on a category of wagering event (for example, wagering on a particular type of professional sport) or type of wager (for example, an in-play wager or exchange wager) is offered to the public. The Division reserves the right to prohibit the acceptance of wagers and may order the cancellation of wagers and require refunds on any event for which wagering would be contrary to the public policies of the State. To give the Division sufficient time to review a submission, sports pool operators should email [email protected] at least 72 hours prior to offering the new event or wager to the public. Pursuant to N.J.A.C. 13:69N-1.11(a), this notice must include (1) the name of the sport’s governing body in charge of administering the event or wager and (2) a description of the policies and procedures regarding the event or wager’s integrity.
    [Show full text]
  • December 2020
    DECEMBER 2020 OAG FREQUENCY & CAPACITY STATISTICS MAKE SMARTER MOVES SEATS BY REGION Seat Capacity December 2020 v 2019 Change v Change v Region Dec-20 Dec-19 % Change Nov-20 % Change' Africa : Central/Western Africa 1,729,885 -43.7% 16.4% Africa : Eastern Africa 2,033,949 -40.9% 14.4% Africa : North Africa 1,938,577 -58.8% 15.8% Africa : Southern Africa 2,031,070 -42.9% 40.6% Asia : Central Asia 726,558 -55.1% -1.7% Asia : North East Asia 87,294,432 -17.6% 5.5% Asia : South Asia 13,927,507 -39.7% 13.7% Asia : South East Asia 23,155,914 -50.8% 20.3% Europe : Eastern/Central Europe 8,078,894 -52.9% 8.0% Europe : Western Europe 26,738,219 -69.2% 5.7% Latin America : Caribbean 2,547,655 -41.7% 37.3% Latin America : Central America 7,350,722 -33.3% 16.7% Latin America : Lower South America 9,084,790 -46.2% 19.9% Latin America : Upper South America 3,896,625 -49.8% 24.4% Middle East 7,826,029 -60.6% 11.1% North America 57,466,501 -45.0% 4.1% Southwest Pacific 6,150,338 -52.1% 55.9% Global 261,977,665 -44.7% 9.5% Source: Schedules Analyser KEY POINTS Seats (m) added/removed in each region in the last month . Globally, schedules data for December points to capacity being 44.7% down in December, compared to 2019. Compared to last month, capacity is expected to improve by 9.5%. Based on this week’s schedule for the full month of December, every region will see seats added this month.
    [Show full text]
  • Skift Recovery Index: October Highlights SKIFT REPORT 2020 2
    SKIFT RECOVERY INDEX OCTOBER HIGHLIGHTS SKIFT RESEARCH TAKE by + Skift Team Published November 2020 If you have any questions about the report skift.com please contact [email protected] Skift Recovery Index: October Highlights SKIFT REPORT 2020 2 REPORT OVERVIEW This report highlights the latest insights from the Skift Recovery Index. The index currently covers travel’s performance from December 29th, 2019 to November 7th, 2020 (weeks 1 to 44). This report focuses on the performance during the month of October. The Skift Recovery Index is a real-time measure of where the travel industry at large — and the core verticals within it — stands in recovering from the COVID-19 pandemic. It provides the travel industry with a powerful tool for strategic planning, of utmost importance in this uncertain business climate. We work with Amadeus, Arrivalist, Aviasales, Collinson, Criteo, Duetto, Hotelbeds, Key Data Dashboard, OAG, Onyx CenterSource, RateGain, Shiji Group, SimilarWeb, SiteMinder, Skyscanner, Sojern, Transparent, and TrustYou as data partners. Skift Recovery Index: October Highlights SKIFT REPORT 2020 3 Skift Recovery Index: October Highlights SKIFT REPORT 2020 4 Is that a light at the end of the tunnel? As we write this, November is turning out to be a month of optimism. Not because of any hard travel data yet, but because of a rapid succession of changes in the political and medical landscape. In the space of two weeks, the U.S. elected a new President who is widely expected to deal better with the current pandemic and offer more support to the travel industry and wider economy, and news broke about two preliminarily effective vaccines that could be ready for mass-rollout next year.
    [Show full text]
  • OAG's Top 50 Underserved International Routes
    OAG’s Top 50 underserved international routes connecting the world of travel Underserved Uncovered: OAG’s Top 50 underserved international routes Contents About OAG’s underserved uncovered 3 About the data 3 OAG’s Top 50 underserved international routes 4 Key Findings – a concentration of one-stop opportunities 6 United States – missing Saigon 8 Thailand – one stop to Bangkok 11 Saudi Arabia – paradise for hub airports 12 In conclusion 13 2 © 2016 OAG Aviation Worldwide Limited. All rights reserved OAG’s Top 50 underserved international routes In an ideal world all passengers would be able to take a scheduled air service directly from where they want to start their journey to their destination with no stops, no change of planes and no waiting in intermediate airports. In the real world, air travellers often fy indirectly for a myriad of reasons including airline preference, lower air fares and sometimes because there simply is no direct or non-stop air service. Where there are signifcant volumes of passengers travelling between two airports via a third point (indirect trafc) we consider this market to be underserved as there is potential for new, direct air services. There may be rational and practical reasons why an airline is unable to provide some or more non-stop air services on a route, such as bilateral issues, competitive 6th freedom pricing and the range of aircraft available in the feet. But the fact remains, if there are considerable volumes of passengers travelling on one- stop routes, there is more demand than the one-stop route can accommodate and that represents an opportunity for new airline services and airport route development priorities.
    [Show full text]
  • Economic Impact of COVID-19 on Civil Aviation
    Economic Impact of COVID-19 on Civil Aviation Sainarayan A. Chief, Aviation Data and Analysis, ICAO Sijia Chen Air Transport Officer, Economic Development, ICAO Contents Economic impact of COVID-19 on civil aviation Forward looking scenario analysis ICAO COVID-19 interactive dashboards Financial relief and mitigation measures Value-added of aviation to national economy 2 Economic Impact of COVID-19 on Civil Aviation - Global - Figures and estimates herein are subject to substantial changes, and will be updated with the situation evolving and more information available. 3 Drastic capacity cut along with dramatic drop in demand Both capacity and demand reached the bottom low in April; Number of passengers from Jan to Aug dropped by 60% from 3.1 billion in 2019 to 1.2 billion in 2020 Source: ICAO ADS-B and OAG, plus estimates 4 Regional difference in resilience and speed of recovery Comparison of total seat capacity by region (7-day average, YoY compared to 2019) 40% Africa 20% Asia/Pacific Europe 0% Latin America/Caribbean -20% Middle East North America -40% -60% -80% -100% Jul-03 Jul-11 Jul-19 Jul-27 Jan-01 Jan-09 Jan-17 Jan-25 Jun-01 Jun-09 Jun-17 Jun-25 Apr-06 Apr-14 Apr-22 Apr-30 Feb-02 Feb-10 Feb-18 Feb-26 Sep-05 Sep-13 Aug-04 Aug-12 Aug-20 Aug-28 Mar-05 Mar-13 Mar-21 Mar-29 May-08 May-16 May-24 Source: ICAO ADS-B 5 Airline passenger revenue of all regions plummeted Airlines are estimated to loss approximately USD 241 billion passenger revenue from Jan to Aug 2020 compared to 2019 Source: ICAO estimates 6 Airport and ANSP revenues were also severely impacted Airports and ANSPs are estimated to loss approximately USD 68 and USD 9 billion from Jan to Aug 2020 compared to 2019 Source: ICAO estimates 7 Economic Impact of COVID-19 on Civil Aviation - North America and Latin America/Caribbean - Figures and estimates herein are subject to substantial changes, and will be updated with the situation evolving and more information available.
    [Show full text]