Upon reviewing national news regarding immigration in the United States, immigration reform, and enforcement of the current laws, it was learned today that the American Federation of Government Employees (the Union representing over 600,000 government workers – according to its website) together with the National Homeland Security Council issued a scathing press release indicating a unanimous “Vote of No Confidence” for in the Director of Immigration & Customs Enforcement (ICE), John Morton, and the Assistant Director of the ICE Office of Detention Policy and Planning, Phyllis Coven.
At first glance, this may seem like a document that an immigration practitioner would be interested in, hoping to gain some insight into the minds of ICE officers and their frustrations with a system that is hopelessly broken and causing harm to individuals every day. Instead, the document lists nine inflammatory and wholly conclusory statements that are not backed up with any facts, statistics or links to compiled completed research. This lack of even attenuated research shows the leadership of these two organizations has no real interest in the fact that the current law is so irretrievably broken that the ICE officers it represents are faced daily with epic difficulty in enforcement. There is, additionally, an obvious complete lack of confidence in the Office of Professional Responsibility, the government body responsible for investigating complaints of professional misconduct of officers.
Unfortunately, each and every statement in the document does not cite to one iota of evidence or research, but instead makes sweeping and sometimes wholly false statements meant to incite anger and frustration, rather than a feeling of union and leadership. Most notably, the statement regarding “resort like living” at ICE detention centers. In 2008 Immigration & Customs Enforcement (ICE) reported that 113 individuals died while in the care of ICE between 2003 and 2008. One individual in particular, Mr. Boubacar Bah, who was in placed in ICE custody and held at the Elizabeth Detention Center, was injured when he fell in the restroom. Mr. Bah was taken to medical where he became incoherent and agitated (obvious signs of brain trauma) and was handcuffed, shackled and then written up for disobeying orders that he was unable to understand. While he lay on the floor vomiting, foaming at the mouth and writhing in pain. Instead of being given the treatment he deserved as a human being, he was left in a dark room for thirteen hours before someone in the center finally called 911. Mr. Bah was taken to a hospital where he underwent emergency surgery, slipped into a coma and died from a skull fracture. Subsequently, in the reports that the Union decries, it was learned that officials were plotting how to conceal their errors with Mr. Bah while he lay dying, rather that providing him with the care they have been charged with.
Additional violations of human rights at ICE detention centers include “physical and sexual abuse, substandard medical care, over-medication, inappropriate transfers, and other appalling indignities contrary to basic notions of due process” have been clearly documented by organizations including the ACLU, Amnesty International, Human Rights Watch, Human Rights First, the Appleseed Foundation and the Department of Homeland Security Office of the Inspector General. Any increase in standards of care at detention facilities can hardly be called “resort like”.
There is no question that our system is broken and United States ICE Officers are daily faced with an overwhelming task; but instead of blaming two individuals charged with enforcing the laws like the officers they lead, the Union should assist in finding a way for their members to be able to work with leadership to continue to enforce the rule of law while our government hopefully finds a way to reform a system that does not work for anyone, including law enforcement.
http://www.ice.gov/partners/dro/dmp.htmhttp://www.aclu.org/immigrants-rights/immigrant-detentionhttp://www.washingtonpost.com/wp-srv/nation/specials/immigration/cwc_d1p1.html
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