Jorge Bustamante, The U.N. Special Rapporteur on the human rights of migrants. He visited several immigrant detention centers and interviewed immigrants and interviewed advocates in May of last year.
The purpose of the mission was to examine and report on the status of the human rights of migrants living in the United States. For the purposes of this report, "migrants" refers to all non-citizens living in the United States, including, among others, undocumented non-citizens and non-citizens with legal permission to remain in the country, such as legal permanent residents, work visa holders, and persons with refugee status.
What he found should make us ashamed and angry that our tax dollars are going to severe abuses of human rights (more below the fold). You can see the full report here
Please forgive the long quote, but I thought this summary paragraph, even though it is framed in "diplomatic speak", said so much:
The Special Rapporteur wishes to highlight the fact that cases of indefinite detention - even of migrants fleeing adverse conditions in their home countries - were not uncommon according to testimonies he received. The Special Rapporteur learned from human rights advocates about the lack of due process for non-citizens in United States deportation proceedings and their ability to challenge the legality or length of their detention; as well as about the conditions of detained asylum-seekers, long-term permanent residents and parents of minors who are United States citizens. In some cases immigrant detainees spend days in solitary confinement, with overhead lights kept on 24 hours a day, and often in extreme heat and cold. According to official sources, the United States Government detains over 230,000 people a year - more than three times the number of people it held in detention nine years ago.
He goes onto say that xenophobia and racism toward migrants has gotten much worse since 911.
He notes that the U.S. government has no clear and consistent framework or policy for protecting the human rights of migrants and that indeed current policy and its administration often lead to human rights abuses.
In light of numerous issues described in this report, the Special Rapporteur has come to the conclusion that the United States has failed to adhere to its international obligations to make the human rights of the 37.5 million migrants living in the country (according to Government census data from 2006) a national priority, using a comprehensive and coordinated national policy based on clear international obligations.
Some of the rights abuses he found include failure to inform immigrant detainees of the charges against them, denying detainees access to legal counsel, violations of due process, a lack of judicial oversight regarding immigrant detainees and deportations, persons being detained erroneously and immigrants being held in detention for indefinite time periods, among many others.
United States immigration law allows for detention of migrants that is often neither brief nor determinate, and adjudication of defences against removal can be complicated and lengthy. An appeal to the Board of Immigration Appeals by either party extends the period of mandatory detention for many additional months. A petition for review to the Court of Appeals also extends mandatory detention, often for a period of years. A non-citizen is subject to mandatory detention even after being granted relief by the immigration judge, simply upon the filing of a notice of intent to appeal by Government counsel. In fact, it is often the most meritorious cases that take the longest to adjudicate, and in which migrants spend the longest amount of time in detention. Often the cases subject to continuing appeals are cases where individuals may have the strongest ties to the United States and risk the severest consequences if removed.
He cites one case of a lawful permanent resident who was held in detention for 3 and a half years even though the case to remove him was not valid.
He also notes poor conditions in immigration detention facilities including lack of access to health care and education, gender, discrimination based upon ethnic and sexual orientation and locations in remote geographic areas that limit or undermine access to legal counsel and family and social support.
In some cases immigrant detainees spend days in solitary confinement, with overhead lights kept on 24 hours a day, and often in extreme heat and cold.
It must be noted that in the above instances, it is possible and even likely that the persons mentioned had not committed any crime other than a possible violation of civil immigration law, if that.
He tells of raids that "terrorize" immigrant families and entire communities and of Immigration and Customs Enforcement (ICE) officials entering homes without a warrant. He documents how family ties and history in the U.S. are often not considered by ICE.
In addition to the devastating effect that mandatory detention has on detained individuals, the policy has an overwhelmingly negative impact on the families of detainees, many of whom are citizens of the United States.
He goes on to document the plight of migrant workers in the U.S. especially after Katrina and to make recommendations on how to correct our immigration system.
Please take the time to read the whole report. Though it is diplomatic, it is also clear about what is going on. It is a travesty that this is happening in America.