Thread: How did we get here?
In 2015, I shook President Obama’s hand, thanked him for DACA, and asked him to reverse course & close the for-profit baby jails (also known as “family detention centers”) he opened in Dilley & Karnes City, Texas. What he said shook me to my core 1/
2/ Specifically, I told him, “It’s wrong. And it’s going to be a stain on your legacy.” He stopped moving on to the next person in the rope line and looked back at me. I’d gotten his attention. He turned back, looked at me and “Are you an immigration lawyer?” “Yes”
3/ Just days before, President Obama’s senior immigration policy advisor @cecmunoz had received a chilly welcome during her keynote address to the @AILANational annual conference attendees in National Harbor. She was greeted with silent protest & signs saying #EndFamilyDetention
4/ I later learned that her meeting with senior AILA attorneys had been testy to say the least. See, Obama had previously timed great news, like #DACA to coincide with the AILA annual conferences. We all watched ecstatic in Nashville in 2012 as he announced it on giant screens.
5/ So the President’s immediate association of “End Family Detention” with immigration lawyers wasn’t random. He’d been told and believed we were basically the only ones who’d care, and even then, it would be a minority of us that wouldn’t extract from him a political cost.
6/ So when I said “Yes”, the President looked back and engaged: “I’ll tell you what we can’t have. It’s these parents sending their kids here on a dangerous journey and putting their lives at risk.”
7/ And he walked on down the rope line. Not, “I know. I’m working on it.” not, “Thanks for your support”. Just, “Yes. This is the right move given what I perceive the facts to be.” I was dumbfounded. Let’s unpack the logic of what he said because it’s that logic which led us here
8/ First, the President tacitly admittedly that he was using detention of mothers and children as a deterrent. Days later, a federal court would find that policy likely violates the due process clause. aclu.org/cases/rilr-v-j…. And rightly so, as @ACLU powerfully demonstrated.
9/ Detention as Deterrence of future migration works only if it’s unpleasant, and only if you can ensure that people don’t get out. You don’t just detain to deter. You detain to deport. You have to do it by sending a Gandalf message down the pipeline to the Northern Triangle.
10/ What’s wrong with that? First, it doesn’t work. It assumes a parent would rationally chose to watch her daughter raped or murdered in Guatemala, El Salvador, or Honduras instead of helping her flee to seek the domestic and international legal protections of US law. Would you?
11/ People in the Northern Triangle were (and are) fleeing for their lives. They’re looking to what we’ve held out as a shining city on a hill and following the beacon to safety. To convince them not to flee, you must convince them a worse fate awaits at the end of the journey.
12/ Today’s DHS Kidnapping policy is the logical extension of yesterday’s family detention decisions. It’s the same mouthful of detention-as-deterrence mouthwash, just swished to the other side. Nothing, NOTHING in our law requires us to abuse and traumatize families and children
13/ The reason otherwise friendly partisans on the left went to the mat with the Obama Admin is because we saw the utter inhumanity that happens inside these internment camps. Women aren’t allowed to let their children farther than 3 feet away from them. Imagine your toddler.
14/ I remember holding back tears when I saw cutouts from Eric Carle’s The Very Hungry Caterpillar on the walls in the “kids’ area” of the legal trailer and thinking about how this would mean those kids will always associate the same book I was reading my child with this jail.
15/ I remember hearing the constant, violent coughing and sickness of small children, and the worry of their mothers who stood in the sun outside the clinic all day only to be told their kids should “drink water.” I remember nearly doubling over when I saw the line of strollers.
16/ if being in these cages ate away at our humanity, getting to know the people locked inside them helped restore it. They women We represented had been raped, beaten, or stalked in some of the most violent places on the planet. They carried on for their kids. They had hope.
17/ And the detention policies of the last administration were set up to deter that hope. All the while yielding a hefty corporate profit. It was and is a moral failing that these places still existed when President Obama left office. It wasn’t for want of trying to close them.
18/ I remember sitting down with my Member of Congress soon after I got back from the baby jail and trying to impress upon him the fierce urgency of taking immediate action to close these places down. I believed if people just knew, it would end. We as a nation would end it.
18/ I’ll never forget what he told me, back in August of 2015. “Do you realize that Donald Trump — DONALD TRUMP!!! — is currently polling at nearly 40% in Tennessee? His point was that politically, I was probably wrong: People might not end up caring, even if they learned.
19/ what I hope for us in this moment of critical mass, in this tipping point, is that we will collectively have the courage to hold our leaders accountable when they tell us putting families in for-profit cages to deter asylum-seeking is necessary to stop family separation.
20/ To do that, we need smart, effective experts helping our leaders formulate the policy solutions. To me, that means helping @ThinkLawLab and @CGRShastings deploy their wealth of knowledge. It means helping @Grassroots_News and @ConMijente and @PuenteAZ and @PuebloSF organize.
21/ It means making sure @RAICESTEXAS and @AlOtroLado_Org and @NWIRP and @MigrantFreedom and @DetentionWatch have the resources they need to represent, visit, and document the abuses committed against human beings in cages. And it means showing up when we’re called to be present/
*admitted
So this is tonight’s DOJ filing in Flores. We will, we must reject it. #FamilesBelongTogether #EndFamiliyDetention #EndFamilySeparation #ReleaseRepresentReunify

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More from @ImmCivilRights

Oct 4, 2023
Still sort of reeling from the grotesque contortion of transparency on display inside Atlanta’s City Council chamber on Monday. Once you grasp what lawyers, bureaucrats, and elected officials are doing, you’ll probably think it’s pretty gross, too. So here’s a quick explainer 🧵
To see the contradictions on display we need to understand two pieces of factual context, and view that context w/ an understanding of the purpose and text of Georgia’s Open Records law. The facts will likely be familiar if you’re seeing this tweet, so I’ll quickly rehash them.
Context 1: 23 yo Atl Police Department’s Kiran Kimbrough killed 62 year-old Deacon Johnny Hollman using a taser and physical force after Hollman called 911 for a minor traffic accident — another car collided with his. GBI opened a homicide investigation. atlpresscollective.com/2023/09/21/hol…
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Mar 16, 2022
#SunshineWeek 🧵on e-carceration, profiteering, and how long ICE has known about allegations and criminal convictions of its largest (and often, only) gps ankle shackle contractor, courtesy of DHS-OIG #FOIA
1/
Since Congress started funding “Alternatives to Detention” for migrants in the US, in the mid-2000s, ICE has received allegations of serious criminal misconduct by this contractor’s personnel. documentcloud.org/documents/2141… / 2
Allegations like this one in Miami dating back to 2007. 3/ Screenshot of April 13, 2010 Memo from DHS-OIG to ICE-OPR reScreenshot Cover page of DHS-OIG Report of Investigation on
Read 15 tweets
Mar 16, 2022
In honor of #SunshineWeek, the #DetentionKills Transparency Initiative
is releasing these recently obtained DHS-OIG offered these records of alleged misconduct and abuse by DHS contractors. You probably don’t have time to read all 547 pages. So we did. 🧵 documentcloud.org/documents/2141…
On page 3, OIG documents receiving a complaint in 2006 regarding the allegations in the litigation LeTisha Tapia’s family brought against $GEO.

Those allegations are shocking, but unsurprising.
@POGOwatchdog’s contractor database has more: contractormisconduct.org/misconduct/256…
2/x
OIG appears to have referred the allegations to ICE in early February 2007 and closed the file. Wonder how ICE responded 🤔
In the years that followed, at least three senior ICE officials who would have received this complaint from OIG went on to join $GEO’s board or C-Suite.
3/x
Read 15 tweets
Jan 26, 2021
On January 25, 2020, Ben Owen died in the Baker County Jail while being imprisoned by ICE. In its mandatory report to Congress, ICE said that agents arrested Ben because he was in the U.S. without authorization. 1/4
This was a lie. Tammy filed a marriage-based green card petition on Ben's behalf before his visa expired. ICE never shared that detail with Congress. Yesterday, Ben's widow Tammy filed notice that she intends to bring suit against the United States for wrongful death. 2/4
We, the #DetentionKills Network calls on @POTUS and @AliMayorkas to bring @ICE into compliance with the law requiring the agency to provide death reports within 30 days of a tragedy. Four people have died whose deaths ICE did not provide reports on since September 2020. 3/4
Read 4 tweets
Nov 7, 2020
Someday someone’s going to write a well-received book that compiles the public statements top lawyers in this regime made and weighs them against the statements made when subject to Rule 11 in court pleadings and tell the story of the constant delta between those statements.
Im talking about political appointees who are also lawyers, defending the policies and saying things out of court, on the one hand, versus DOJ lawyers signing pleadings and lawyer who sign declarations, on the other.
You could spend an entire chapter on the lies federal courts have caught DHS in and documented and threatened to sanction them for. Judge Hatter. Hamama. The Massachusetts covid litigation. The Mesa Verde covid litigation. Fraihat. DACA. Ms. L.

So. Many. Habeas. Cases.
Read 4 tweets
Nov 7, 2020
“Wanted by ICE*”

(Just not badly enough to go to a neutral magistrate and get a warrant because that’s how much we care about the public safety mission we say we serve: We are literally not willing to just go get a warrant for a guy we put on a billboard.)
ICE pretends the Fourth Amendment has nothing to do with public safety. They want the people reading this billboard to be okay in a world where their agents can arrest anyone, anytime, anywhere. Don’t worry, though, just “bad” guys. (And some kids)
A #FOIA I’ve been meaning to do but have to admit to myself I won’t is to seek the Fugitive Operations Worksheet or Field Operation Worksheet for the FugOps teams who are supposed to be looking for guys like this man and then measure them against ICE’s effort to pick a scary face
Read 5 tweets

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