Criminal Justice & Public Safety

Bill preventing ICE contracts at prisons passes first committee

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The Senate Health and Public Affairs Committee passed a bill Wednesday that, if enacted, would prevent law enforcement from detaining individuals for federal civil immigration violations. SB 172 would prohibit Immigration and Customs Enforcement contracts with privately-owned prisons such as those in Torrance, Cibola and Otero Counties, bill co-sponsor Sen. Antonio “Moe” Maestas, D-Albuquerque, said. According to bill sponsors, the bill’s purpose is to help alleviate some of the issues plaguing current immigration policies. The bill passed on a 5-2 vote. “I… want to just point out this is not a private prison ban.

News

A suicide attempt and new report emphasize deteriorating mental health conditions at Torrance County Detention Facility

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A man detained at Torrance County Detention Facility has attempted suicide in response to his conditions, according to his legal counsel, just as a newly released report details the failures of mental health care at the facility. Since August, three men have reportedly attempted suicide at migrant detention facilities in New Mexico. The first man, Kesley Vial, died by suicide in August at Torrance. Another man housed at the Cibola County Correctional Center attempted suicide in October and survived. Raphael Oliveira do Nascimento, a Brazilian, attempted suicide at the Torrance facility on November 30, Ian Philabaum, codirector of Anticarceral Legal Organizing at Innovation Law Lab, said.

Quick Reads

Migrants held at Cibola County Correctional Center announce hunger strike

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Immigrants housed by U.S. Immigration and Customs Enforcement at Cibola County Correctional Center have entered into a hunger strike and penned an open letter to protest dangerous conditions and mistreatment, according to a news release. According to the open letter, translated into English, a migrant housed at Cibola attempted suicide in October in response to another migrant who received injury when fainting and not receiving medical attention for four hours after the incident. ICE did not comment, except to send a link to the agency website which provides multiple guidelines to various forms of care of migrants in detention. CoreCivic, which holds a contract with the Department of Homeland Security to operate Cibola County Correctional Center, said it “takes seriously its role and responsibility” and “cares deeply about every person in its care.”

“The situations described in the New Mexico Immigrant Law Center’s recent press release regarding our Cibola County Correctional Center (CCCC) are neither accurate nor reflective of our policies, procedures or values. As of November 16, 2022, there has been no hunger strike at CCCC.

Ben Ray Lujan

Heinrich, Luján urge ICE to terminate contract with CoreCivic over Torrance County Detention Facility 

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A group of six U.S. Senators, led by Senator Martin Heinrich, signed a letter urging the U.S. Immigration and Customs Enforcement to terminate its contract with CoreCivic for its operation of the Torrance County Detention Facility. The Democrats’ letter is in response to the Department of Homeland Security Office of Inspector General follow-up report in September that ICE had not fully addressed 10 of the 14 OIG recommendations to improve conditions at the facility. The OIG report recommended the detainees be relocated from the facility. This is the second time this year the OIG has made that recommendation. In March, the OIG released its initial report, based on a surprise visit in February, recommending the immediate relocation of detainees due to “inhumane” conditions.

Torrance County Detention Facility

DHS Inspector General again recommends closure of Torrance County Detention Facility

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The Office of Inspector General for the Department of Homeland Security recommended for a second time this year that U.S. Immigration and Customs Enforcement close Torrance County Detention Facility. The OIG watchdog released the follow-up report the same week that 13 men began a hunger strike inside the facility located in Estancia. A lawyer with New Mexico Immigration Law Center said at least some of the men involved in the hunger strike were deported this week. Orlando de los Santos Evangelista, one of the detainees who told NM Political Report last week that he and the others were engaged in the hunger strike, said he and the others are asylum seekers. He said was fleeing gangs and corrupt police in the Dominican Republic.

Corecivic

Asylum seekers go on hunger strike at Torrance County Detention Facility

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A group of 13 detainees announced a hunger strike at Torrance County Detention Facility to protest “inhumane” conditions. The hunger strike began last Monday, according to Orlando de los Santos Evangelista, an asylum seeker from the Dominican Republic who has been detained by U.S. Immigration and Customs Enforcement at the Torrance facility since July. He spoke to NM Political Report by phone through an interpreter provided by Pacific Interpreters, based in California. CoreCivic, the for-profit company that has a contract to operate the facility, and ICE each denied that a hunger strike was taking place. 

Both CoreCivic and ICE denied the hunger strike when NM Political Report reached out to them on Thursday. “There were no detainees on a hunger strike at Torrance County Detention Facility, nor is there a hunger strike occurring today,” wrote Matthew Davio, CoreCivic public affairs manager.

U.S. Immigration and Customs Enforcement

Immigrant advocacy organizations seeking answers around Brazilian man’s death by suicide while in ICE custody

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Migrant advocacy organizations are raising questions about a Brazilian man’s apparent death by suicide while in U.S. Immigrant and Customs Enforcement custody. Kesley Vial, a young Brazilian man who sought asylum in the U.S., died on August 24 due to a fatal suicide attempt while housed in the Torrance County Detention Facility on August 17. Several of his friends were the first to respond to Vial, according to Rebecca Sheff, senior attorney with the American Civil Liberties Union of New Mexico. “They [ICE] have the authority to release anyone from this facility, but they’re refusing to grant releases. It’s pretty drastic and refusing releases to first responders who were close friends – they are deeply traumatized and that’s a concern for us,” Sheff said.

Cibola County Correctional Center

Nicaraguan asylum seeker files complaint to DHS regarding ‘inhumane’ treatment

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The New Mexico Immigration Law Center filed a complaint with the U.S. Department of Homeland Security on behalf of a Nicaraguan asylum seeker, Edgar Garrido Diaz, alleging violation of his due process rights, medical neglect and abuse while housed at Cibola County Correctional Center. According to the complaint, U.S. Immigration and Customs Enforcement denied Garrido Diaz’s due process rights by not providing him with a translator to help him fill out his asylum application, failing to provide him with a translator to file an appeal once denied asylum and by continuing to detain him despite a court order that should have allowed his release while he pursued asylum in the U.S.

An ICE and Department of Homeland Security public affairs officer responded that the agency was working on a response to the allegations but did not respond to NM Political Report by deadline. The complaint also alleges medical neglect because, while Garrido Diaz was detained at the facility run by CoreCivic, officers denied Garrido Diaz medical attention for 24 hours despite the fact that he tested positive for COVID-19 and suffered multiple symptoms.

Matthew Davio, public affairs manager for CoreCivic, denied the medical neglect allegations, saying that the situation described in the complaint is not “accurate nor reflective of our policies, procedures or values.”

“We vehemently deny any allegations of detainee mistreatment. There is a robust grievance process in place should a detainee ever feel that they have been treated unfairly,” he said. The complaint alleges further medical neglect because Garrido Diaz suffered an injury in early July to his knee and ankle and officers did not take him for a medical exam until two weeks later, despite Garrido Diaz’s inability to walk on the leg, the complaint states.

American Civil Liberties Union of New Mexico

New government report details reportedly unsafe and unsanitary conditions at Torrance County Detention Facility

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The federal Department of Homeland Security and the Office of Inspector General issued an alert this week to the U.S. Immigration and Customs Enforcement to recommend that all individuals housed at the Torrance County Detention Facility be relocated due to reportedly unsanitary and unsafe conditions. The 19-page report issued on Wednesday detailed conditions that include a broken toilet containing human waste in a vacant cell in an occupied housing unit, as well as staffing shortages, a lack of hot water access and other issues. Several nonprofit organizations that advocate for the rights of detainees called on ICE to release the individuals housed at Torrance County Detention Facility. The Democrats in New Mexico’s congressional delegation also issued a press release late Friday condemning the “inhumane” conditions and called on President Joe Biden to “act swiftly” to address the reported unsafe conditions. “ICE should no longer defend the inhumane living conditions at the Torrance County Detention Facility.

ACLU-NM

Lawsuit against alleges civil rights violations by private prison company, Torrance County

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Nine migrants who were detained in Torrance County Detention Facility and a nonprofit called the Santa Fe Dreamers Project are suing the operator of the facility and Torrance County for an alleged incident when guards pepper sprayed the detainees to disrupt a hunger strike last year. The nine individual plaintiffs are asylum seekers, mostly from Cuba and Guatemala. They engaged in a peaceful hunger strike in May 2020 to protest their living conditions, find out more information about their immigrant status and to protest the lack of COVID-19 precautions at the facility, according to the complaint. The lawsuit alleges that CoreCivic, the private company that runs the facility, violated the individual plaintiffs’ rights to be free from excessive or arbitrary force when the guards sprayed the migrants in a small enclosed space with pepper spray a few days after the migrants began their hunger strike. The lawsuit also alleges Torrance County failed in its duty to care for the people detained in the facility.