The Shame of America’s Family Detention Camps
by Foster, on News
Christina Brown pulled into the refugee camp after an eight-hour drive across the desert. It was late July of last year, and Brown was a 30-year-old immigration lawyer. She had spent a few years after college working on political campaigns, but her law degree was barely a year old, and she had only two clients in her private practice in Denver. When other lawyers told her that the federal government was opening a massive detention center for immigrants in southeastern New Mexico, where hundreds of women and children would be housed in metal trailers surrounded by barbed wire, Brown decided to volunteer legal services to the detainees. She wasn’t sure exactly what rights they might have, but she wanted to make sure they got them. She packed enough clothes to last a week, stopped by Target to pick up coloring books and toys and started driving south.
Brown spent the night at a motel, then drove to the detention camp in the morning. She stood in the wind-swept parking lot with the other lawyers, overlooking the barren plains of the eastern plateau. After a few minutes, a transport van emerged from the facility to pick them up. It swung to a stop in the parking lot, and the attorneys filed on. They sat on the cold metal benches and stared through the caged windows as the bus rolled back into the compound and across the bleak brown landscape. It came to a stop by a small trailer, and the lawyers shuffled out.
As they opened the door to the trailer, Brown felt a blast of cold air. The front room was empty except for two small desks arranged near the center. A door in the back opened to reveal dozens of young women and children huddled together. Many were gaunt and malnourished, with dark circles under their eyes. “The kids were really sick,” Brown told me later. “A lot of the moms were holding them in their arms, even the older kids — holding them like babies, and they’re screaming and crying, and some of them are lying there listlessly.”
Brown took a seat at a desk, and a guard brought a woman to meet her. Brown asked the woman in Spanish how she ended up in detention. The woman explained that she had to escape from her home in El Salvador when gangs targeted her family. “Her husband had just been murdered, and she and her kids found his body,” Brown recalls. “After he was murdered, the gang started coming after her and threatening to kill her.” Brown agreed to help the woman apply for political asylum in the United States, explaining that it might be possible to pay a small bond and then live with friends or relatives while she waited for an asylum hearing. When the woman returned to the back room, Brown met with another, who was fleeing gangs in Guatemala. Then she met another young woman, who fled violence in Honduras. “They were all just breaking down,” Brown said. “They were telling us that they were afraid to go home. They were crying, saying they were scared for themselves and their children. It was a constant refrain: ‘I’ll die if I go back.’ ”
As Brown emerged from the trailer that evening, she already knew it would be difficult to leave at the end of the week. The women she met were just a fraction of those inside the camp, and the government was making plans to open a second facility of nearly the same size in Karnes County, Tex., near San Antonio. “I remember thinking to myself that this was an impossible situation,” she said. “I was overwhelmed and sad and angry. I think the anger is what kept me going.”
Over the past six years, President Obama has tried to make children the centerpiece of his efforts to put a gentler face on U.S. immigration policy. Even as his administration has deported a record number of unauthorized immigrants, surpassing two million deportations last year, it has pushed for greater leniency toward undocumented children. After trying and failing to pass the Dream Act legislation, which would offer a path to permanent residency for immigrants who arrived before the age of 16, the president announced an executive action in 2012 to block their deportation. Last November, Obama added an executive order to extend those protections to their parents. “We’re going to keep focusing enforcement resources on actual threats to our security,” he said in a speech on Nov. 20. “Felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids.” But the president’s new policies apply only to immigrants who have been in the United States for more than five years; they do nothing to address the emerging crisis on the border today.
Since the economic collapse of 2008, the number of undocumented immigrants coming from Mexico has plunged, while a surge of violence in Central America has brought a wave of migrants from Honduras, El Salvador and Guatemala. According to recent statistics from the Department of Homeland Security, the number of refugees fleeing Central America has doubled in the past year alone — with more than 61,000 “family units” crossing the U.S. border, as well as 51,000 unaccompanied children. For the first time, more people are coming to the United States from those countries than from Mexico, and they are coming not just for opportunity but for survival.
The explosion of violence in Central America is often described in the language of war, cartels, extortion and gangs, but none of these capture the chaos overwhelming the region. Four of the five highest murder rates in the world are in Central American nations. The collapse of these countries is among the greatest humanitarian disasters of our time. While criminal organizations like the 18th Street Gang and Mara Salvatrucha exist as street gangs in the United States, in large parts of Honduras, Guatemala and El Salvador they are so powerful and pervasive that they have supplanted the government altogether. People who run afoul of these gangs — which routinely demand money on threat of death and sometimes kidnap young boys to serve as soldiers and young girls as sexual slaves — may have no recourse to the law and no better option than to flee.
The American immigration system defines a special pathway for refugees. To qualify, most applicants must present themselves to federal authorities, pass a “credible fear interview” to demonstrate a possible basis for asylum and proceed through a “merits hearing” before an immigration judge. Traditionally, those who have completed the first two stages are permitted to live with family and friends in the United States while they await their final hearing, which can be months or years later. If authorities believe an applicant may not appear for that court date, they can require a bond payment as guarantee or place the refugee in a monitoring system that may include a tracking bracelet. In the most extreme cases, a judge may deny bond and keep the refugee in a detention facility until the merits hearing.
The rules are somewhat different when children are involved. Under the terms of a 1997 settlement in the case of Flores v. Meese, children who enter the country without their parents must be granted a “general policy favoring release” to the custody of relatives or a foster program. When there is cause to detain a child, he or she must be housed in the least restrictive environment possible, kept away from unrelated adults and provided access to medical care, exercise and adequate education. Whether these protections apply to children traveling with their parents has been a matter of dispute. The Flores settlement refers to “all minors who are detained” by the Immigration and Naturalization Service and its “agents, employees, contractors and/or successors in office.” When the I.N.S. dissolved into the Department of Homeland Security in 2003, its detention program shifted to the U.S. Immigration and Customs Enforcement agency. Federal judges have ruled that ICE is required to honor the Flores protections to all children in its custody.
Even so, in 2005, the administration of George W. Bush decided to deny the Flores protections to refugee children traveling with their parents. Instead of a “general policy favoring release,” the administration began to incarcerate hundreds of those families for months at a time. To house them, officials opened the T. Don Hutto Family Detention Center near Austin, Tex. Within a year, the administration faced a lawsuit over the facility’s conditions. Legal filings describe young children forced to wear prison jumpsuits, to live in dormitory housing, to use toilets exposed to public view and to sleep with the lights on, even while being denied access to appropriate schooling. In a pretrial hearing, a federal judge in Texas blasted the administration for denying these children the protections of the Flores settlement. “The court finds it inexplicable that defendants have spent untold amounts of time, effort and taxpayer dollars to establish the Hutto family-detention program, knowing all the while that Flores is still in effect,” the judge wrote. The Bush administration settled the suit with a promise to improve the conditions at Hutto but continued to deny that children in the family detention were entitled to the Flores protections.
In 2009, the Obama administration reversed course, abolishing family detention at Hutto and leaving only a small facility in Pennsylvania to house refugee families in exceptional circumstances. For all other refugee families, the administration returned to a policy of release to await trial. Studies have shown that nearly all detainees who are released from custody with some form of monitoring will appear for their court date. But when the number of refugees from Central America spiked last summer, the administration abruptly announced plans to resume family detention.
From the beginning, officials were clear that the purpose of the new facility in Artesia was not so much to review asylum petitions as to process deportation orders. “We have already added resources to expedite the removal, without a hearing before an immigration judge, of adults who come from these three countries without children,” the secretary of Homeland Security, Jeh Johnson, told a Senate committee in July. “Then there are adults who brought their children with them. Again, our message to this group is simple: We will send you back.” Elected officials in Artesia say that Johnson made a similar pledge during a visit to the detention camp in July. “He said, ‘As soon as we get them, we’ll ship them back,’ ” a city councilor from Artesia named Jose Luis Aguilar recalled. The mayor of the city, Phillip Burch, added, “His comment to us was that this would be a ‘rapid deportation process.’ Those were his exact words.”
During the first five weeks that the Artesia facility was open, officials deported more than 200 refugees to Central America. But as word of the detention camp began to spread, volunteers like Christina Brown trickled into town. Their goal was to stop the deportations, schedule asylum hearings for the detainees and, whenever possible, release the women and children on bond. Many of the lawyers who came to Artesia were young mothers, and they saw in the detained children a resemblance to their own. By last fall, roughly 200 volunteers were rotating through town in shifts: renting rooms in local motels, working 12-hour days to interview detainees and file asylum paperwork, then staying awake into the night to consult one another. Some volunteers returned to Artesia multiple times. A few spent more than a month there. Brown never moved back to Denver. She moved into a little yellow house by the detention facility, took up office space in a local church and, with help from a nonprofit group called the American Immigration Lawyers Association, or AILA, she began to organize the volunteers pouring in.
As Brown got to know detainees in Artesia, grim patterns emerged from their stories. One was the constant threat of gangs in their lives; another was the prevalence of sexual violence. A detainee in Artesia named Sofia explained that a gang murdered her brother, shot her husband and then kidnapped and raped her 14-year-old stepdaughter. A Guatemalan woman named Kira said that she fled when a gang targeted her family over their involvement in a nonviolence movement at church; when Kira’s husband went into hiding, the gang subjected her to repeated sexual assaults and threatened to cut her unborn baby from her womb. An inmate named Marisol said she crossed the U.S. border in June after a gang in Honduras murdered the father of her 3-year-old twins, then turned its attention to her.
Less than a week after her arrival in Artesia, Brown represented the young Salvadoran mother she met on her first day. It was a preliminary hearing to see whether the woman met the basic preconditions for asylum. A frequent consideration in the refugee process is whether an applicant is being targeted as a member of a “particular social group.” Judges have interpreted the phrase to include a refugee’s victimhood on the basis of sex or sexual orientation. At the hearing, Brown planned to invoke the pervasiveness of gang violence and sexual assault, but she says the immigration judge refused to let her speak.
“I wasn’t allowed to play any role,” Brown said. Speaking to the judge, her client described her husband’s murder and the threats she faced from gangs. “She testified very well,” Brown said. But when the judge asked whether she felt targeted as a member of a “social group,” the woman said no. “Because that is a legal term of art,” Brown said. “She had no idea what the heck it means.” Brown tried to interject, but the judge wouldn’t allow it. He denied the woman’s request for an asylum hearing and slated her for deportation. Afterward, Brown said, “I went behind one of the cubicles, and I started sobbing uncontrollably.”
Detainees who passed their initial hearings often found themselves stranded in Artesia without bond. Lawyers for Homeland Security have adopted a policy they call “no bond or high bond” for the women and children in detention. In court filings, they insist that prolonged detention is necessary to “further screen the detainees and have a better chance of identifying any that present threats to our public safety and national security.” Allowing these young mothers and children to be free on bond, they claim, “would have indirect yet significant adverse national-security consequences.”
As the months ticked by in Artesia, many detainees began to wonder if they would ever be free again. “I arrived on July 5 and turned myself in at 2 a.m.,” a 28-year-old mother of two named Ana recalled. In Honduras, Ana ran a small business selling trinkets and served on the P.T.A. of her daughter’s school. “I lived well,” she said — until the gangs began to pound on her door, demanding extortion payments. Within days, they had escalated their threats, approaching Ana brazenly on the street. “One day, coming home from my daughter’s school, they walked up to me and put a gun to my head,” she said. “They told me that if I didn’t give them the money in less than 24 hours, they would kill me.” Ana had already seen friends raped and murdered by the gang, so she packed her belongings that night and began the 1,800-mile journey to the U.S. border with her 7-year-old daughter. Four weeks later, in McAllen, Tex., they surrendered as refugees.
Ana and her daughter entered Artesia in mid-July. In October they were still there. Ana’s daughter was sick and losing weight rapidly under the strain of incarceration. Their lawyer, a leader in Chicago’s Mormon Church named Rebecca van Uitert, said that Ana’s daughter became so weak and emaciated that doctors threatened drastic measures. “They were like, ‘You’ve got to force her to eat, and if you don’t, we’re going to put a PICC line in her and force-feed her,’ ” van Uitert said. Ana said that when her daughter heard the doctor say this, “She started to cry and cry.”
In October, as van Uitert presented Ana’s case to an immigration judge, the lawyer broke down in the courtroom. “I’m starting to make these arguments before the judge, and I just couldn’t,” she said. “I sounded like a barking seal, just sucking and gasping, and because I was crying, a lot of people started crying. The attorney next to me was crying, Ana was crying, her little girl started crying. I looked over at the bailiff, who actually ended up being my friend when I went back another time. He had tears in his eyes.” The judge granted Ana’s release on bond; she is currently waiting for an asylum hearing in North Carolina.
Many of the volunteers in Artesia tell similar stories about the misery of life in the facility. “I thought I was pretty tough,” said Allegra Love, who spent the previous summer working on the border between Mexico and Guatemala. “I mean, I had seen kids in all manner of suffering, but this was a really different thing. It’s a jail, and the women and children are being led around by guards. There’s this look that the kids have in their eyes. This lackadaisical look. They’re just sitting there, staring off, and they’re wasting away. That was what shocked me most.”
The detainees reported sleeping eight to a room, in violation of the Flores settlement, with little exercise or stimulation for the children. Many were under the age of 6 and had been raised on a diet of tortillas, rice and chicken bits. In Artesia, the institutional cafeteria foods were as unfamiliar as the penal atmosphere, and to their parents’ horror, many of the children refused to eat. “Gaunt kids, moms crying, they’re losing hair, up all night,” an attorney named Maria Andrade recalled. Another, Lisa Johnson-Firth, said: “I saw children who were malnourished and were not adapting. One 7-year-old just lay in his mother’s arms while she bottle-fed him.” Mary O’Leary, who made three trips to Artesia last fall, said: “I was trying to talk to one client about her case, and just a few feet away at another table there was this lady with a toddler between 2 and 4 years old, just lying limp. This was a sick kid, and just with this horrible racking cough.”
In early August, a paralegal from Oregon named Vanessa Sischo arrived at the camp. Raised in a small town near Mount Hood, Sischo did not realize until high school that her parents brought her into the United States from Mexico as an infant without documentation. She gained protection from deportation under the president’s Deferred Action for Childhood Arrivals program in 2012. When Sischo learned that children arriving from Central America were being incarcerated in Artesia, she volunteered immediately. She arrived a week after Christina Brown, and like Brown, she stayed. After about a month, AILA and another nonprofit, the American Immigration Council, hired Brown as the pro bono project’s lead attorney. Brown recommended Sischo for the job of project coordinator. The two women began rooming together in the small yellow house near Main Street.
Brown and Sischo make an unlikely pair. Brown, who has a sturdy build and dark brown hair, has an inborn skepticism and a piercing wit. Sischo is six years younger and preternaturally easygoing. Until she discovered her own immigration background, she had little interest in political affairs and spent much of her time in Oregon as a competitive snowboarder. For both, Artesia was a jarring shift from life at home. As they sat together one evening in December, they described a typical week. “The new volunteers come in on Sunday, go through orientation, and by Wednesday night, everyone is crying,” Brown said. “A lot of the attorneys come in and say: ‘I’ve been doing this for 20 years. I’ve seen all of this before. I’ll be fine.’ ”
“I remember the first time I went in,” Sischo said. “I just stopped, and all I could hear was a symphony of coughing and sneezing and crying and wailing.”
“Kids vomiting all over the place,” Brown said.
“There was a big outbreak of fevers,” Sischo said. “It sent an infant into convulsions.”
“Pneumonia, scabies, lice,” Brown said.
Officials for ICE say these accounts are exaggerated. But they declined multiple requests to visit the Artesia facility and took weeks to answer questions about its facilities. Brown, who oversaw more than 500 detainee cases as lead attorney, was also unable to gain access to the camp’s housing, dining, medical and educational facilities. “I requested three times to be taken on a tour,” she said. “I sent it through the appropriate channels. No one ever responded, to date, to my request.”
Visitors who did gain access to the facility have raised troubling questions about the ethics — and legality — of how it handled children. The Flores settlement requires the government to provide regular schooling for juveniles in detention, but the mayor of Artesia, Phillip Burch, said that on several visits to the compound, the classrooms were always empty. “I was told that children were attending classes,” he recalled. “Did I personally witness it? No. And none of the tours that I made did I see the children actually in class.” Members of the New Mexico Faith Coalition for Immigrant Justice, who toured the facility in October, say that officials also showed them the empty school. When one member asked why the building was empty, an ICE official replied that school was temporarily closed. Detainees have consistently told their lawyers that the school was never reliably open. They recall a few weeks in October when classes were in session for an hour or two per day, then several weeks of closure through November, followed by another brief period of classes in December.
In response to questions about the school, ICE officials would say only that “regular school instruction began Oct. 13, 2014, and ended Dec. 17.” Asked whether the school was open consistently, and for how many hours, ICE officials declined to respond. The deputy assistant secretary for policy at the Department of Homeland Security, Esther Olavarria, who has purview over ICE, said that she was aware “there were challenges” at the Artesia school, but couldn’t say exactly when it was open or for how long. Olavarria has a distinguished record as advocate for refugees and previously served as a top immigration adviser for Senator Edward M. Kennedy. She said that she was under the impression that attorneys in Artesia were granted access to the facility, and she could not explain why Brown was not. She also believed that the meal service in Artesia was adapted to reflect the dietary norms of Central America and that medical care was adequate and available. After hearing what detainees, attorneys, faith advocates and elected officials described in Artesia, Olavarria promised to look into these issues and provide further documentation. Despite several attempts to elicit that documentation, she provided none. In a statement, the Department of Homeland Security said: “The regular school instruction began Oct. 13, 2014, but was suspended shortly thereafter in order to ensure appropriate vetting of all teachers.” Officials say that school resumed on Oct. 24 and continued through Dec. 17.
Attorneys for the Obama administration have argued in court, like the Bush administration previously, that the protections guaranteed by the Flores settlement do not apply to children in family detention. “The Flores settlement comes into play with unaccompanied minors,” a lawyer for the Department of Homeland Security named Karen Donoso Stevens insisted to a judge on Aug. 4. “That argument is moot here, because the juvenile is detained — is accompanied and detained — with his mother.”
Federal judges have consistently rejected this position. Just as the judge reviewing family detention in 2007 called the denial of Flores protections “inexplicable,” the judge presiding over the Aug. 4 hearing issued a ruling in September that Homeland Security officials in Artesia must honor the Flores Settlement Agreement. “The language of the F.S.A. is unambiguous,” Judge Roxanne Hladylowycz wrote. “The F.S.A. was designed to create a nationwide policy for the detention of all minors, not only those who are unaccompanied.” Olavarria said she was not aware of that ruling and would not comment on whether the Department of Homeland Security believes that the Flores ruling applies to children in family detention today.
As the pro bono project in Artesia continued into fall, its attorneys continued to win in court. By mid-November, more than 400 of the detained women and children were free on bond. Then on Nov. 20, the administration suddenly announced plans to transfer the Artesia detainees to the ICE detention camp in Karnes, Tex., where they would fall under a new immigration court district with a new slate of judges.
That announcement came at the very moment the president was delivering a live address on the new protections available to established immigrant families. In an email to notify Artesia volunteers about the transfer, an organizer for AILA named Stephen Manning wrote, “The disconnect from the compassionate-ish words of the president and his crushing policies toward these refugees is shocking.” Brown was listening to the speech in her car, while driving to Denver for a rare weekend at home, when her cellphone buzzed with the news that 20 of her clients would be transferred to Texas the next morning. Many of them were close to a bond release; in San Antonio, they might be detained for weeks or months longer. Brown pulled her car to the side of the highway and spent three hours arguing to delay the transfer. Over the next two weeks, officials moved forward with the plan.
By mid-December, most of the Artesia detainees were in Karnes, and Brown and Sischo were scrambling to pack the contents of their home and office. On the afternoon of Dec. 16, they threw their final bags into a U-Haul, its cargo area crammed with laundry baskets, suitcases, file boxes and hiking backpacks, all wedged precariously in place, then set out for the eight-hour drive across the desert to central Texas.
The next morning, a law professor named Barbara Hines was also speeding into San Antonio. Hines is a wiry woman in her 60s with a burst of black curls and an aspect of bristling intensity. In the battle over refugee detention, she is something of a seminal figure for advocates like Brown and Sischo. As co-director of the Immigration Law Clinic at the University of Texas, Hines helped lead the 2007 lawsuit against the Hutto facility, which brought about its closure in 2009 and the abolition of widespread family detention until last summer. When the Obama administration announced plans to resume the practice in Artesia, Hines was outraged; when officials opened the second facility in Karnes, just two hours from her home in Austin, Hines began to organize a pro bono project of her own. Although she’d never met Brown or Sischo, she had been running a parallel operation for months. Now that they were in Texas, Hines was eager to meet them.
But first, she had a client to represent. Hines pulled into a parking lot behind the immigration court in downtown San Antonio and rushed inside, up a clattering elevator to the third floor and down a long hallway to a cramped courtroom. At the front, behind a vast wooden desk, sat Judge Glenn McPhaul, a tidy man with slicked hair and a pencil mustache. He presided from an elevated platform, with a clerk to his right, an interpreter to his left, and a large television monitor in the corner. On screen was the pale and grainy image of a dozen exhausted Central American women.
These were just a few of the Karnes detainees, linked by video feed to the courtroom. Another 500 women and children were in the compound with them. There was no legal distinction between their cases and those of the women in Artesia; they had simply been sent to a different facility, weeks or months earlier. Each of them, like the women in Artesia, had already been through the early stages of the asylum process — presenting herself to immigration authorities, asking for refugee status and passing the “credible-fear interview” to confirm a basis for her claim. But the odds of release in Karnes were worse. One of McPhaul’s colleagues, Judge Gary Burkholder, was averaging a 91.6 percent denial rate for the asylum claims. Some Karnes detainees had been in the facility for nearly six months and could remain there another six.
The sitting area of the courtroom was nearly empty, save for half a dozen attorneys. Many of the volunteers at Karnes are friends and former students of Hines, who has been drafting every licensed lawyer she can find. As she slid down the long bench to a seat, she nodded to some of the attorneys in the room and stopped to whisper with another. Then she spent a few minutes fidgeting with her phone until the clerk called her client’s name, and Hines sprang forward, slipping past the bar rail to a table facing the judge. On the television screen, her client, Juana, was stepping toward the camera at Karnes. She was a young woman with a narrow face and deep eyes. Her hair was pulled back to reveal high cheekbones and a somber expression.
McPhaul asked the stenographer to begin transcription, then he commenced with the ritualized exchange of detention proceedings, recording the names of the attorneys, the detainee and everyone on the bench. He noted the introduction of a series of legal documents and confirmed that Juana was still happy to be represented by Hines. There was a stream of legal jargon and a few perfunctory remarks about the status of the case, all of it in clipped judicial vernacular and a flat, indifferent tone. Then McPhaul set a date for the next hearing, at which Hines could begin to present an argument for Juana’s release on bond.
For now, Juana’s turn was over; the whole affair took less than 10 minutes, without any meaningful discussion of her case or its merits. As Hines stepped out of the courtroom, Juana was turning away from the camera to return to her children in Karnes. It was impossible to say how much of the hearing she understood, since none of the proceedings were translated into Spanish. The courtroom interpreter was there only to translate the judge’s questions and the detainees’ responses; everything else was said exclusively in English, including the outcome. For all that Juana knew, she might have been granted reprieve or confined for another six months.
Over the next two hours, the scene would repeat a dozen times. Each time McPhaul called a name, a new lawyer would step forward, taking a seat before the bench and proceeding through the verbal Kabuki. In a few cases, McPhaul offered the detainee the opportunity to post bond — usually around $3,000. But the courtroom interpreter was not allowed to convey this news to the detainee, either. If the pro bono attorney spoke Spanish fluently, there might be a few minutes at the end of the session to explain what happened. If not, the detainee would return to custody and might not discover that she had been granted bond until, or unless, someone paid it.
These, of course, were the lucky women with an attorney to represent them at all. Although the families in Artesia and Karnes have been detained in an environment that closely resembles incarceration, there is no requirement in American law to provide them with the sort of legal representation afforded to other defendants. Unlike the Artesia project, where the involvement of AILA brought in hundreds of volunteers from across the country, Hines could scrape together only so many friends and compatriots to lend their time. She formed a partnership with the Refugee and Immigrant Center for Education and Legal Services, or Raices, in San Antonio, and the law firm Akin Gump assigned a young lawyer named Lauren Connell to help organize the Karnes project. But there still weren’t enough lawyers to represent the detainees, and Hines and Connell were forced to evaluate which cases were most likely to win. The remaining refugees would proceed to court alone. They would understand little of what happened, and most would be deported.
It was difficult for Hines to think about what might happen to those women next. The refugees who are returned to Central America can be subject to even greater harassment by gangs for having fled. Hector Hernandez, a morgue operator in Honduras, has said that children who come back from U.S. detention “return just to die.” Jose Luis Aguilar, the city councilor for Artesia, recalled a group deportation on the day in July when Secretary Jeh Johnson visited the facility. “He came in the morning, and that same night, they took 79 people and shipped them to El Salvador on the ICE plane,” Aguilar said. “We got reports later that 10 kids had been killed. The church group confirmed that with four of the mortuaries where they went.”
Hines was hoping the attorneys from Artesia would help represent the women in Karnes, but she had no idea whether they would be willing to do so. This was her agenda for the first meeting with Christina Brown, which took place that afternoon in a sunlit conference room in the downtown offices of Akin Gump. Hines sat at the head of a long table, with Lauren Connell to her left and an attorney from Raices named Steven Walden to her right. After a few minutes, Brown appeared in the doorway. She was wearing the same green T-shirt and black leggings she had been wearing the day before in Artesia, and she smiled sheepishly, offering a handshake to Hines.
“I’m really sorry,” Brown said with a small laugh. “I want to let you know that I believe very strongly in first impressions — but I am living out of a U-Haul right now.”
Hines smiled sympathetically as they sat down. “So,” she said. “What are you all going to do here?”
Brown paused. “Well, we know we’re going to be continuing our cases,” she said.
“Mmm-hmm,” Hines said.
“And I’m working on cleaning up our spreadsheet and figuring out who’s here,” Brown said. “Many of our clients who were transferred here had already been granted bond.”
“Wait,” Connell said. “They transferred them here to have them bond out?”
Brown sighed. “Yes,” she said.
“That’s ridiculous,” Connell said.
“We’ve had numerous fights on this issue,” Brown said. “We’ve had family members go to pay, and they can’t because the client is already in transit to Karnes.”
Hines shook her head in disbelief.
“It’s been kind of a nightmare,” Brown said.
“Do you have people who have been detained more than 90 days?” Hines asked.
“Every one we’re going forward with on merits has been detained more than 90 days,” Brown said. “So I want to see how you all are moving forward, so I can see what resources are here for Artesia clients.”
Hines laughed. “We can barely staff our cases,” she said. “My hope was that people who were at Artesia, after they’re finished your cases, are going to help with ours.”
“If she says that enough, maybe it will come true,” Connell said.
Brown shook her head. “At the moment, I can commit to nothing,” she said. “Right now, I’m the only attorney, and there’s no guarantee that other volunteers are coming.”
Hines and Connell exchanged a look. Even if the Artesia lawyers could double or triple their workload, the number of detainees was about to overwhelm them regardless. The day before, officials in Karnes had approved a plan to expand the detention facility from about 500 beds to roughly 1,100. At the same time, two hours west of Karnes, in the little town of Dilley, the Department of Homeland Security was about to open another refugee camp for women and children. It would be the largest detention facility in the country, with up to 2,400 beds. If Hines and Brown had trouble finding lawyers to represent a few hundred women and children, there was little chance of generating support for more than 3,000.
After the meeting, Brown returned to her motel and spent the afternoon searching for an apartment, but the options were limited, and by late afternoon, she and Sischo still had nowhere to live. They decided to spend their first evening in Texas at a vegetarian restaurant downtown. As they settled into a booth at the back of the cafe, they talked about the situation they’d left behind in Artesia, where much of the town opposed the detention facility and the lawyers with equal measure. Town-hall meetings in Artesia became so heated that city officials asked the police to stand guard.
“For people there, it’s a resource issue,” Brown said. “They blame the immigrant community for coming in and being jailed, and for us having to educate their children, when they would like more resources put into their own schools.”
Sischo nodded. “That’s what a guy at the electronics store said: ‘Oh, you’re helping the illegals?’ That’s how they view it. I remember a sign that a protester was holding that was like, ‘What about our children?’ ”
“It’s a legitimate question,” Brown said. “They don’t have a lot of resources in that town, and they should have more.”
“I agree,” Sischo said. “We should not be spending resources on detaining these families. They should be released. But people don’t understand the law. They think they should be deported because they’re ‘illegals.’ So they’re missing a very big part of the story, which is that they aren’t breaking the law. They’re trying to go through the process that’s laid out in our laws.”
For Sischo, seeing the families struggle — families much like her own — was almost more than she could stand. On visits to her parents in Oregon, she struggled to maintain composure. “Every time I’ve gone home, I’ve just cried pretty much nonstop,” she said. “It’s grief and anger and hopelessness and confusion as to how this could happen and whether we’re making a difference.”
For Brown, by contrast, the same experiences seemed to have amplified her energy and commitment. “I haven’t had time to go home and cry yet,” she said. “Maybe I’ll get a job at Dilley, because then I won’t have to process anything!” Brown laughed, but she acknowledged that some part of her was ready to commit to the nomadic life of a legal activist, parachuting into crises for a few months at a time. “That appeals to me,” she said. “It’s nice to be where people need you.”
As dinner came to an end, Brown and Sischo stepped outside into the night. They had parked the U-Haul in a nearby lot, and it had just been towed.
Over the next year, most of the families who are currently in detention will wend their way through the refugee system. Some will be released on bond to await their asylum hearing; others will remain in custody until their hearings are complete. Those without an attorney will most likely fail to articulate a reason for their claim in the appropriate jargon of the immigration courts and will be deported to face whatever horror they hoped to flee. Of the 15 families who have been shepherded through the process by the volunteer lawyers so far, 14 have received asylum — “Which should be all you need to know about the validity of their claims,” Brown said.
By late spring, the construction of the new facility at Dilley should be complete. It already represents a drastic departure from the refugee camp in Artesia. Managed by the Corrections Corporation of America, the largest private prison company in the country, the South Texas Family Residential Center has its own promotional website with promissory images of the spacious classrooms, libraries, play areas and lounges that will eventually be available to refugees in long-term detention. Architectural drawings for the site show eight distinct neighborhoods on the campus, with dormitory housing, outdoor pavilions, a chapel and several playgrounds. How much of this will ultimately materialize remains to be seen. Last week, C.C.A. listed job openings for child care workers, library aides and mailroom clerks at the site.
Esther Olavarria, the senior counselor for immigration issues at the Department of Homeland Security, acknowledged that there had been shortcomings in Artesia but described the Dilley facility as a correction. “We stood up Artesia very, very quickly and did the best that we could under the circumstances,” Olavarria said. “As concerns were brought to our attention by advocates, we worked with them to try to address the concerns as quickly as possible.”
Many advocates have expressed concerns about the Dilley facility as well. Its management company, C.C.A., is the same firm that ran the Hutto detention center, and it has been at the center of other significant controversies in recent years. In 2006, federal investigators reported that conditions at a C.C.A. immigration jail in Eloy, Ariz., were so lacking that “detainee welfare is in jeopardy.” Last March, the F.B.I. started an investigation of C.C.A. over a facility the company ran in Idaho, known by inmates as the “Gladiator School” because of unchecked fighting; in 2010, a video surfaced of guards watching one inmate beat another into a coma. Two years ago, C.C.A. executives admitted to fraud in their government contracts at the prison, including 4,800 hours of falsified business records. The state has now taken control of the facility.
The management contract at Dilley was also created with unusual terms. In their hurry to open the new facility, officials for the Obama administration bypassed normal bidding procedures and established Dilley under an existing contract for the troubled C.C.A. jail in Eloy. Although the Dilley camp is nearly 1,000 miles away from Eloy, all federal funding for the new camp in Texas will flow through the small town in Arizona, which will keep $438,000 of the annual operating budget as compensation. Eloy city officials say they do not expect to monitor, or even visit, the Dilley facility.
Any new refugees who surrender this spring may spend more than a year in Dilley before their asylum hearings can be scheduled. Olavarria said that officials hope the process will move more quickly, but it will depend on the immigration courts in San Antonio, which fall under the Department of Justice. “From what I’ve heard from the Justice Department, generally it’s not taking 18 months,” Olavarria said. “We’re hearing that cases are being completed in a shorter time. But it’s a case-by-case situation that depends on the complexity, it depends on continuances that are provided to seek counsel, to prepare for cases, all those kinds of things.” The cost to house each detainee at Dilley is about $108,000 per year. A study funded by the Immigration and Naturalization Service, of more than 500 detainees between 1997 and 2000, found that 93 percent will appear in court when placed in a monitoring program. The savings of such a program for the 2,400 detainees at Dilley would be about $250 million per year.
Officials from the Department of Homeland Security say the facilities in Karnes and Dilley are still insufficient to house the detainees they expect to process in the coming year. “Last year, we saw 60,000 families come in,” Olavarria said. “We’re hoping we don’t see those kinds of numbers this year, but even if we see half, those two facilities would hold a fraction of those numbers.” Olavarria said the department was not yet considering additional facilities. “We are in the middle of a battle with the Congress on our funding, so there’s very little discussion about long-term planning,” she said.
For now, the Artesia facility is closed, its bunk beds and hallways empty. Brown and Sischo remain in Texas; they rescued their U-Haul from an impound lot and found an apartment soon thereafter. That same week, an email from the mayor of Artesia, Phillip Burch, was circulating among city residents. “The pro bono attorneys have left our community,” he wrote. “Hopefully not to return.”