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Migrant Detention in South Texas: 'An Extreme Depressive State'

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Greg Moses
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Q: Bustamante also seems to be concerned that Government pressure for deportation is conflicting with basic human rights to private life and family. He says that laws in the USA put too much weight on the Government's side. He recommends that USA laws should be changed to "ensure that all non-citizens have access to a hearing before an impartial adjudicator, who will weigh the non-citizen's interest in remaining in the United States (including their rights to found a family and to a private life) against the Government's interest in deporting him or her." What are the kinds of human issues that don't get heard under the current system?

Goodwin: Most human issues are not heard at all in immigration proceedings. It is extremely difficult for a person to qualify for any type of relief from being removed. And then, even if one does qualify, the courts have to be convinced in their discretion to grant you some type of relief. This is the hardest aspect to make my clients understand: even though I care about the human issues involved in their cases, the courts and the Immigration Service do not. Our laws are structured in a way that any interest in human issues is left out of the equation.

Q: In a related recommendation, Butamante says that ICE should, "ensure that the facilities where non-citizens in removal proceedings are held are located within easy reach of the detainees' counsel or near urban areas where the detainee will have access to legal service providers and pro bono counsel." In your experience, is it ever a hardship to represent clients simply because of the location of the detention centers?

Goodwin: It is ALWAYS a hardship to represent detainees in remote areas. I live in South Texas and practice here, but most of my clients are from thousands of miles away. That means their family and support network are thousands of miles away. Aside from the logistical difficulty of getting documents and preparing cases, the worst part is the extreme depressive state my clients develop. For many I am the only person that ever visits them, and they would benefit greatly from the support and care of their families being close by. The other hardship is that there are a very limited number of lawyers who practice immigration law in this area. There is only one pro bono agency. The pool of available competent lawyers is extremely thin.

Q: Bustamante is calling for some fairly serious reforms in the structure of immigration judges. He says immigration judges should no longer work under the Department of Justice; rather, they should be appointed to a truly independent judicial system. What kind of difference would this make to the practice of immigration law?

Goodwin: It would change in the sense that the Immigration Judges would not be beholden politically to the Attorney General. They would be able to make decisions based in law and justice as opposed to politics and fear. They would be able to pass judgment on the government as well as the aliens. As it stands the process, even through the administrative appeals process, is highly weighted toward the government.

Q: Finally, Bustamante says that migrant detention practices should provide more alternatives, especially for children, but also for women who are suffering from prior traumas. How appropriate are the conditions of current detention for traumatized migrant women?

Goodwin: Conditions for women are of particular concern because of the specialized medical care needs. I have seen that these medical needs are not met routinely. I have also seen that women, who have been traumatized by events prior to their detention, are further traumatized by the further detention. The lack of mental health care also plays into the conditions for women.

Q: Thank you Jodi Goodwin for helping us to understand the Bustamante report in the context of South Texas.

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Greg Moses is a member of the Texss Civil Rights Collaborative and editor of The Texas Civil Rights Review. He writes about peace and Texas, but not always at the same time.

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