Immigration Reform News Update: Immigrant Rights Advocates File Lawsuit to Release FOIA Information on Artesia Detention Facility
Immigrant rights groups have filed a Freedom of Information Act (FOIA) lawsuit against the federal government in hopes of releasing documents pertaining to the expedited removal process of undocumented immigrant families.
According to the immigrant rights advocates, the government has not publicly released policy and procedural information on how to govern the detention facilities, notably the center in Artesia, New Mexico. The American Immigration Council, National Immigration Project of the National Lawyers Guild, the American Civil Liberties Union and co-counsel, the National Immigration Law Center and Jenner & Block, LLP, launched the lawsuit after the U.S. Department of Homeland Security (DHS) "failed to respond" to their FOIA requests "in a timely manner." The immigrant rights' advocates also claimed the lack on information exists while "potentially life-threatening consequences" occurs for the children and women detained in Artesia.
"Lawyers representing clients in Artesia report that the processes are anything but fair and fall far short of the government's obligations to provide due process," said American Immigration Council Legal Director Melissa Crow. "Compounding these injustices is DHS's refusal to provide basic information about the policies and procedures that apply in these cases."
The National Immigration Law Center's staff attorney Melissa Keaney said the practice of detaining the undocumented immigrant women and children has seen a "dramatic increase" during President Barack Obama's presidency. Keaney said there has been little explanation for any policy changes from Obama's administration.
The lawsuit comes as plans to build the largest family detention facility is in the U.S. is scheduled to open in Dilley, Texas. According to the DHS' Immigration and Customs Enforcement, the facility will house 2,400-beds and is located 70 miles southwest of San Antonio. Women's Refugee Commission's Migrant Rights and Justice Program Director Michelle Brané told Latin Post the Dilley facility will cost nearly $300 per day per person, or up to $260 million every year.
"Before they open the biggest family detention facility yet, federal officials should explain why they've decided to place toddlers and their mothers behind barbed wire and then whisk them back to the dangerous situations they fled," Keaney added.
"The American people have a right to know the truth about what is happening at Artesia," said ACLU's Immigrants' Rights Project Director Cecillia Wang. "We already know that the government is turning its back on the life-threatening risks these mothers and children will face if they are returned to Central America. But the government is still keeping its new processes for detaining and deporting these families a secret. This lawless lack of transparency will cost lives. It's time for the government to come clean."
The National Immigration Project of the National Lawyers Guild's associate director Paromita Shah claimed the administration is "poised" to expand the expedited removal process in additional detention centers. Shah said the reason for the government's refusal to disclose information about its procedures is "difficult to understand."
"This lack of transparency sends a strong signal to the world that the U.S. government is abandoning its obligations to provide detained families with children a meaningful opportunity to present their claims," said Shah.
Although ICE does not comment on pending litigation, ICE's Central Region Director of Communications Carl Rusnok, in a statement to Latin Post, said the agency has a history of releasing "significant amounts" of information about its family detention cents. According to Rusnok, ICE has provided "numerous" opportunities for community groups and the general public to ask questions regarding the Artesia facility through tours and town hall meetings. He also acknowledged three media tours were hosted at the Artesia facility since the center opened on June 27 this year.
"ICE hosted about 30 members of our ICE Non-Governmental Working Group at the Artesia Family Residential Center in Artesia, New Mexico, in July," Rusnok added. "We have a strong working relationship with members of this group. We have frequently provided these members information and updates about the facility and its policies."
"The Department of Homeland Security and ICE are committed to providing quality care in a safe and secure environment to adults with children who are housed in our facilities as their immigration cases are adjudicated. These children (ages from infant to 17 years old) at both new ICE residential centers in Artesia, NM, and Karnes City, Texas, receive a full range of services that include medical, psychological, educational and recreational," said Rusnok to Latin Post.
Rusnok also detailed additional information on ICE and the detenton facilities, which can be seen below: