In a recent landmark report, United Nations Special Rapporteur on the Human Rights of Migrants Jorge Bustamante said that the "overuse of immigration detention in the United States violates the spirit of international laws and conventions and, in many cases, also violates the actual letter of those instruments." South Texas immigration attorney Jodi Goodwin agrees.
"I do not see that the letter nor the spirit of international law is given any importance in US Immigration law," confirms Goodwin. "In fact, international law does not really come into play in the legal arena at all." Considering Goodwin’s long experience with migrant clients, we asked her to respond to other issues raised by the Bustamante report:
Question: Bustamante said immigration enforcement is being gradually shifted toward state and local agencies. At last count, Immigration and Customs Enforcement (ICE) reports that 41 state and local agencies have signed up as "287(g) partners" to assist with immigration enforcement, helping to identify as many as 45,000 individuals for "possible deportation." The Associated Press reports that the number of cooperating agencies could soon reach as many as100. What effects of this activity can be seen at the detention centers in South Texas?
Goodwin: The increase in the use of local law enforcement for immigration law is seen at the detention centers all the time. Many times people are detained by ICE only after a traffic stop for a minor violation, like a headlight being out or something, and then the local law enforcement officers inquire into the immigration status of individuals. I have seen really sympathetic cases where local law enforcement initiated the arrest and then the people are whisked 2,000 miles away from their home, family, community, etc. to be detained in South Texas.
Q: When it comes to immigration law, what is the difference between a criminal violation and a civil violation?
Goodwin: The criminal violations of the immigration law are prosecuted by the United States Attorney in Federal Courts. These criminal violations can be subject to jail and or prison sentences. Civil violations of the immigration laws are processed by the ICE Office of Chief Counsel. These violations can result in deportation if the person does not have any relief from removal.
Q: According to the Bustamante report, in 2006 the USA began to intensify the use of mandatory detentions and deportations that were put into law in 1996. What effects have you seen of this recent crackdown?
Goodwin: The biggest effect of the enforcement crackdown that I have seen is the enormous growth in the population of detained individuals in the South Texas area. The San Antonio Field Office of ICE is home to more detention bedspace than any other Field Office in the US. Beyond that, there is a marked lack of lawyers and pro bono assistance for all of these individuals that are detained for the most part in very rural, remote, areas of South Texas.
Q: Bustamante says that he "heard accounts from victims that ICE officials entered their homes without a warrant, denied them access to lawyers or a phone to call family members, and coerced them to sign 'voluntary departure' agreements." How does this compare with accounts that you have heard from your clients?
Goodwin: Bustamante's account of ICE actions comports completely with many stories that I have heard from my clients. In fact, I have heard even more egregious stories than the example Mr. Bustamante sets forth.
Q: One of your clients? Would you be able to share a story like that? Goodwin: Sure, I have heard the ugly details of many such arrests. Let me take one as an example: I had a client who was arrested by ICE at her home at around 5:00 am. Agents knocked on the door loudly yelling, "Police, Federal Officers." Her husband answered the door half asleep and as soon as he opened the door the agents forced their way into the home and knocked her husband down. Of course, the agents start yelling at him and start going through the house to look for people.
My client was in her bed as was her child. She was forced up and handcuffed while in her night clothes. The child awoke and saw all of this happen and as expected of a child started to cry. Instead of showing any compassion at all the agents start yelling at the child to shut up, then yelling at the parents to make their child shut up. They had to beg the agents to let her put on clothes before they took her away.
After being arrested and before physically making it in transport to the detention center, my client was "asked" to sign a voluntary removal no less than 4 times. Fortunately for her, she was insistent with the agents that she would not sign their papers and they would just have to put her in jail because she wanted to see an immigration judge.
My client was not a criminal. She had no criminal history at all. She was married to a United States citizen and had applied for her "papers" through him. What was her immigration violation that would warrant a pre-dawn home invasion? She overstayed her visitor visa.
Q: Rapporteur Bustamante recommends that, "Immigration detainees in the custody of the Department of Homeland Security and placed in removal proceedings, should have the right to appointed counsel." It seems astonishing to me that detained persons would not have a right to counsel, but maybe you can help us to understand how the lack of right to an attorney is affecting people in detention today?
Goodwin: The lack of the right to appointed counsel is one that has plagued me for decades. The Supreme Court has characterized the deportation process as non-punitive. Therefore, given that it is a civil proceeding in nature, the Constitutional guarantees to counsel do not apply. The lack of access to legal counsel is a huge constraint on South Texas detainees. Many are confused and do not know what they are being charged with. Many do not understand the process and procedures of the court system. Many do not know or have access to information that could prove they have a defense or are eligible for some form of relief from being removed.
America is a nation of laws. If people decide to break our laws and enter the U.S. illegally they should be detained and deported.
One thing that would eliminate much of the detainment and deportation frustration many illegal immigrants feel would be to completely seal our borders and repeal NAFTA, thus improving life for Mexican farmers. The U.S. should also work with Mexico and pressure them into creating a better system of wealth distribution so their citizens could earn a decent living.
The greed of big business is completely to blame for all of the illegal immigration crisis. They pushed NAFTA thru effectively destroying Mexican farmers ability to make a living and big business pressured the U.S. government to allow rampant illegal immigration so they could have extremely cheap labor. Big business makes bigger profits and passes the costs of its cheap labor on to Americas tax base.
What Americans need to know is that most people who support illegal immigration do so because the believe in giving business what they want and that is a way to drive down wages by creating a over-sized pool of workers.
Many American citizens are hurting severely why isn't more being done for their benefit?
by
Gary Denson (2 articles, 0 quicklinks, 1 diaries, 219 comments)
on Tuesday, April 8, 2008 at 8:15:31 PM
Illegal aliens have no right to be here PERIOD. End of discussion. Why should the US be saddled with protecting the rights of illegals when their own country doesn't even care? if you want to talk about mistreatment of illegal aliens try reading up on Mexicos immigration laws sometime. Try reading the immigration laws of any other country for that matter. Nowhere else in the world is illegal immigration tolerated and yet we are expected to tolerate it? Wake up before you get replaced by an illegal alien and find yourself with nowhere to go.
by
Watching (0 articles, 1 quicklinks, 3 diaries, 313 comments)
on Wednesday, April 9, 2008 at 5:52:28 PM
A close relative owns a small "farm" outside Houston. She is disabled (greatly) as is her significant other (partially). They have raised four kids together and managed to save enough money to buy this small farm over quite a few years. Money is tight and she raises a garden and some small livestock for her own table.
Two days ago she called me. She had come home (for at least the fourth time that I know about) to find a neighbor with an illegal. After a 911 call and LEO's on horseback combing the outlying fields and ICE showing up with buses about 60 illegals were rounded up and taken away to wherever. If you feel so inclined you might be able to go represent them yourself.
Last year a group got into her barn and killed all her chickens for dinner. Oh, and her dog too since it tried to protect the chickens. Now she has two very large dogs the illegals seem more respectful of. Her neighbors can tell you many more stories. Goats being slaughtered in back fields for dinner etc. Do I feel sorry for these people? Sure but I feel more sorry for the Americans that are having there hard earned livestock stolen by group of illegals that after they do not respect our laws in coming here, then don't respect private ownerhip rights of the people they are trespassing on.
And yes, I firmly believe that the police state is way out of control. That however is just as true in how they deal with Americans as illegals. Constitutional rights as long forgotten. The Second Ammendment was drawn in order to insure the rest. Once we didn't enforce it killing the rest was easy. That is a different story though.
Want to make ICE go away? Tell the illegals to go home now on their own. As the economy tanks and more Americans lose their jobs and see their standard of living join Mexico's, many more will have less patience with those intruding on this country.
by
Robin Boerner (2 articles, 0 quicklinks, 1 diaries, 19 comments)
on Wednesday, April 9, 2008 at 2:15:08 PM
illegals were marched back across the border. Then along comes the Bush crime syndicate. Dubya and his cronies invest in Wackenhut Correctional and what do you know, thousands of misdemeanors blossom into felonies and poor immigrants are jailed for up to ten years, thats 80 bucks a day per head for the crazies. Its not about the law or NAFTA or social pressures, its about MONEY plain and simple. The real crooks operate with impunity. A small time hoods only crime is that he didnt steal enough. And if you want to get tough with foreigners why dont you start with the ones that are destroying this nation. The Chertoffs and Zoelicks and Wolfowitzes that are undermining our rights while they carry a foreign passport. Wetbacks never lobbied and subverted our system of government, on the contrary, they built much of this nation and clean the rest. To make it a crime for a person that only knows dirt floors and poverty to try and survive is a cruel and inhuman agenda.
by
john riggs (0 articles, 0 quicklinks, 0 diaries, 427 comments)
on Wednesday, April 9, 2008 at 8:27:18 PM
We just seemed to be more concerned about OUR human rights in the face of an invasion that just doesn't seem to get the hint that they need to stay on THEIR side of the border. For years they have come across illegally and now it's time for them to go home.
By the way...the ICE buses that showed up to take the illegals home from my relatives farm were air conditioned. Do you think the MEXICAN buses that collect them at the border are?
by
Robin Boerner (2 articles, 0 quicklinks, 1 diaries, 19 comments)
on Thursday, April 10, 2008 at 12:07:12 AM
is ONLY provided for wanted criminals or minors. The illegals are taken to the closest port of entry to their arrest. Some are a thousand miles from home when deported. Many would come to My home in Acuña seeking food.Some would end up settling on the border not able to get home. The Catholic church has a small shelter for deportees but they may only stay 5 days. Many have left the family waiting for money to be wired back from the states and in many cases it never arrives and the immigrant is never heard from again. Some drown crossing the treacherous Rio Grande, others succomb to the 105 degree desert heat. Others work on large Texas ranches and when payday comes they are buried, a little cost savings for the rancher. Others suffocate in boxcars or semi-trailers victims of traffickers. The saddest stories are when the illegals jump onto trains falling beneath the wheels, some ride under loads of rails or heavy shipments that when cargo-shift occurs legs are amputated or they are crushed to death.
The illegals quest for survival is a sad and dangerous undertaking. The most important part of reform is to protect basic human rights. If the current immigration law is not changed to allow temporary workers entry without all the hurdles presently in place this carnage will continue.
by
john riggs (0 articles, 0 quicklinks, 0 diaries, 427 comments)
on Thursday, April 10, 2008 at 8:11:43 AM
But they do not have the right, call it human, economic or whatever PC word makes us feel better to invade this country. However they get home from the US-Mexican border is their problem. Not the US taxpayer's. Tugging on the heartstrings, trying to get our country to feel bad about sending them home is wrong.
They broke the law when they came here. They belong to Mexico or many times from a country south of Mexico. We don't hear much about how Mexico treats THEIR illegals. Just whining about how bad we treat them. From what I have read and learned from talking to illegals in my native NY, they are much more fearful of getting caught illegal in Mexico then here. We treat them in a much more humane manner.
A lot of illegals are caught here multiple times and sent home. They keep coming back. We must not be treating them too badly. The fear of getting caught doesn't outweigh the desire to break our laws and come here.
by
Robin Boerner (2 articles, 0 quicklinks, 1 diaries, 19 comments)
on Thursday, April 10, 2008 at 2:36:15 PM
9 comments
How would you rate this?
You must be logged in (if signed up) to do ratings.
It's free to signup! And easy. And takes just a minute or two....
Must Read (
Well Said (
News (
Touching (
Funny (
Supported (
Interesting (
Inspiring (
Valuable (
