BY KAREN TUMLIN*

A year ago today, the Obama administration promised a radical overhaul of the nation’s immigration detention system in response to a wave of reports revealing widespread and egregious violations of the basic rights of detained immigrants. Changes to date have been too slow and tinker only at the edges of the problem. Worse, the pipeline to immigration detention is growing: the Obama administration has lifted deportations to historic highs. This ensures that hundreds of thousands of immigrants will face months, and sometimes years, of detention in remote parts of the country and miles from loved ones. This is not the change we had hoped for.
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Earlier this week, Senator Chuck Grassley (R-IA) wrote a misguided letter to Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton. The Senator complained to Secretary Morton about the possibility of ICE allowing low-risk detainees to wear recreational clothing, use the phone, and send emails. Grassley likened these to hotel amenities, complaining that they might reduce the deterrent effect that detention provides. But where was the Iowa Senator when it came to light that a detention facility guard was accused of sexually assaulting detainees? While it may be admirable that Senator Grassley is concerned about the use of taxpayer dollars, it is unconscionable that these fiscal issues worry him more than the safety and well-being of fellow humans.
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Last week, the Associated Press reported that Immigration and Customs Enforcement (ICE) is investigating allegations of sexual assault by a guard in one of their facilities on female detainees. The detainees, on their way to be deported, were groped while being patted down and at least one was propositioned for sex, according to ICE officials. The guard in question has been fired, and ICE is pursuing additional remedies against him, including preventing the guard from obtaining future federal employment. This case, however, is just the latest reminder of what happens in a detention system with little to no Federal oversight.
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By Joan Friedland, Managing Attorney, National Immigration Law Center

In a March 29 meeting with immigration advocates that I attended, Immigration and Customs Enforcement (ICE) chief John Morton asked to be judged on ICE’s record, not on rumors. But that’s just why I’m concerned.

At a hastily called meeting following the leak of a memo setting quotas for non-criminal removals, Morton repudiated the February 2010 memo, but not earlier “performance standards” which set numbers for identifying and removing non-citizens in jails. He claimed that the law required him both to fill—not just have available—33,400 detention beds a day and to implement the 287(g) program, a voluntary arrangement which shifts immigration enforcement authority to state and local police. This was a surprise to the advocates in the room, since the law authorizes, but does not require, ICE to fill detention beds or impose state and local agreements.
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The irony of Immigration and Customs Enforcement’s acronym—ICE—has never been lost on anyone, including the agency itself. Shortly after its formation, posters appeared in government offices of an iceberg as big as the one that sunk the Titanic with the motto: ICE—What you see is just the tip of the iceberg. The idea was to emphasize just how much ICE did and how much of it went on quietly and behind the scenes.
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Today at the Migration Policy Institute, Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement (ICE), John Morton, outlined his vision for immigration detention reforms which he hopes will mark his time and tenure at ICE. In particular, Morton emphasized the need for detention facilities that are designed specifically for immigration detention purposes as opposed to converted prisons. His vision is to redesign facilities to look like civil detention centers rather than criminal jails. While detention advocates welcome the intention of Morton’s new goals, the question remains as to whether ICE is capable of implementing these much needed changes after years of less than favorable reports about the immigration detention system and a flurry of articles by Nina Bernstein in the New York Times detailing some of the problems in the system.
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Today, we celebrate the life and legacy of Dr. Martin Luther King, Jr., a man whose dream of equality and human rights changed the course of history. His legacy will be remembered this week by people of all colors and creeds who still believe in the American dream and who continue to fight for equality, civil rights and the basic human dignity they deserve. Over the weekend, thousands of human rights activists took to the street in Phoenix, Arizona, to march for civil rights and for “long-overdue federal action on immigration.”
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Despite claims of increased transparency, accountability, and oversight, Nina Bernstein of the New York Times has unearthed more cover-ups at Immigration and Customs Enforcement (ICE). These new findings have attorneys, advocates, and the public wondering if and when ICE will make good on its promise to reform the immigration detention system in demonstrable ways. Two issues that have recently come to light cast doubt on these promises.
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Department of Homeland Security (DHS) Secretary Janet Napolitano testified in an oversight hearing today before the Senate Judiciary Committee. While reinforcing her commitment to securing our borders and enforcing our immigration laws in smart and effective ways, Napolitano also reaffirmed her commitment to immigration reform as a way to strengthen our immigration enforcement policies—a commitment that includes, as Secretary Napolitano notes, responsibility and accountability from everyone involved:
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For years, the U.S. government has tried and failed to curb undocumented immigration through enforcement-only tactics at the border and interior raids. The number of Border Patrol Agents has increased substantially over the past years—as have budgets and technological investment at the border—yet none of these increases have resulted in a significant decline in the undocumented population. In fact, we have the largest undocumented population in our nation’s history. Simply enforcing the woefully outdated and ineffectual immigration laws currently on the books is not working. Many immigration enforcement experts—including DHS Secretary Janet Napolitano—agree that the only way to solve our immigration enforcement problems is through comprehensive immigration reform.
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