The Mudcat Café TM
Thread #104218   Message #2134907
Posted By: Azizi
27-Aug-07 - 07:37 PM
Thread Name: Homeland Security??????? For shame!!
Subject: RE: Homeland Security??????? For shame!!
Here's some related news:

http://www.guardian.co.uk/uslatest/story/0,,-6879307,00.html

"Attorneys representing illegal immigrant children detained with their families at a former Texas prison have reached a proposed settlement with the federal government that avoids a trial on their lawsuit, officials said Monday.

The deal, announced as the trial was set to open in the case, focuses on avoiding long-term detentions and adds improvements such as a full-time pediatrician and privacy curtains around toilets.

The lawsuit sought release of the immigrants and improved conditions at the T. Don Hutto family residential facility in Taylor. The proposed settlement is expected to be approved by a federal judge.

Hutto houses some 400 illegal immigrants and asylum seekers - half of them children. None have criminal records or violent histories, but the American Civil Liberties Union and the University of Texas School of Law Immigration Clinic sued this year on behalf of 26 young detainees and former detainees, alleging they have been held in prison-like conditions. The family of one plaintiff had been at the facility for close to a year.

Under the deal, families who have some recourse to contest deportation - such as an asylum claim - could be placed at Hutto only if there is no other space available. Families in expedited removal proceedings - where no hearing is necessary for deportation - could be placed at Hutto, but all families' cases would be reviewed every 30 days to determine if they could be transferred or released.

Other changes include a policy allowing children over 12 to move freely within Hutto and periodic reviews of the facility by a federal magistrate.

Lisa Graybill, legal director for the ACLU of Texas, said she is happy with the deal.

"But the fact remains that our government should not be locking up innocent children - period," Graybill said. "That is not what America is about. It is time for Congress to intervene and end the policy of family detention."

U.S. Immigration and Customs Enforcement, which operates the facility, said in a statement that the reviews will help improve communication about the facility and end any misconceptions about the Hutto facility.

"The Hutto facility is a safe and healthy environment for children and adults. All its residents are treated with dignity and respect," ICE said.

Families living within Hutto'seat, shower and turn in on schedule and undergo a head count four times a day. They live in cells with bunk beds and a toilet. After lights out, a system alerts staff in the control room if anyone leaves a cell.

The lawsuit contended that conditions at Hutto violate an agreement that called for immigration authorities to house children in nonsecure, licensed programs such as shelters or foster homes.

Advocates say children at Hutto's walls received inadequate classroom instruction and had limited access to health care. Uniformed, handcuff-toting correctional officers called "counselors" threatened children with separating them from their families, advocates say."

-snip-

More information about & comments regarding this settlement & the prior conditions at the detention center can be found at:

http://www.dailykos.com/storyonly/2007/8/27/171227/249


Here's some excerpts from that diary:

"The settlement is the result of extensive litigation and mediation in consolidated lawsuits filed earlier this year against Michael Chertoff, Secretary of the U.S. Department of Homeland Security (DHS), and six officials from ICE [Immigration and Customs Enforcement] on behalf of 26 immigrant children. The children are between the ages of 1 and 17, and were detained at Hutto with their parents who, in almost all cases, were awaiting determinations on their asylum claims. The ACLU, the ACLU of Texas, the University of Texas School of Law Immigration Clinic, and the international law firm of LeBoeuf, Lamb, Greene & MacRae LLP brought the lawsuits. "

-snip-

[As a result of that settlement]

"Children no longer have to wear prison uniforms.

Children are allowed more time outdoors.

More education for the children is now being provided.

Guards are no longer allowed to discipline children by threatening to separate them from their parents.

Additional improvements ICE will be required to make as a result of the settlement include allowing children over the age of 12 to move freely about the facility; providing a full-time, on-site pediatrician; eliminating the count system so that families are not forced to stay in their cells 12 hours a day; installing privacy curtains around toilets; offering field trip opportunities to children; supplying more toys and age-and language-appropriate books; and improving the nutritional value of food.

ICE must also allow regular legal orientation presentations by local immigrants' rights organizations; allow family and friends to visit Hutto detainees seven days a week; and allow children to keep paper and pens in their rooms.

ICE's compliance with each of these reforms, as well as other conditions reforms, will be subject to external oversight to ensure their permanence."