| Menendez introduced companion legislation to Rep. Zoe Lofgren's (CA-16) H.R. 5950, which would impose standards on Homeland Security/ICE for medical care for immigrant detainees. I appreciate his standing up for immigrants in detention and am hopeful that this legislation will lead to improvements in living conditions and medical treatment, if not complete overhaul of immigration legislation going back to the unfair '96 law that forced countless unnecessary deportation hearings and detentions.
The detainees are being held in county jails, private centers run by the Corrections Corporation of America, Wackenhut, etc. In learning about the recent death in Middlesex county jail and reading and writing about the appalling stories in the NY Times (resources page on the issue), I'm encouraged to see the Lofgren/Menendez legislation introduced (bolding mine).
Menendez's quote:
We can never lose sight of the fact that everyone who immigrates to this country, whether they are documented or not, is a human being. A detention should never amount to a death sentence. This type of action to ensure humane treatment and prevent unnecessary deaths at these facilities is overdue. Let's not forget that many in immigration detention are there for minor violations, many for administrative errors. At some point, this becomes more than a legal issue - it becomes a human rights issue, and it is our job to do all we can to secure our country while protecting the dignity of all human beings.
Of course, it can be a long path from being introduced to becoming law, and I hope if the mechanisms for oversight are not in this bill, they will be put in place elsewhere.
I'm finding it troubling that at the end of Lofgren's bill (and I haven't seen Menendez's version yet), it says:
`detention facility' means any Federal, State, or local facility used by the Secretary of Homeland Security to hold immigration detainees for more than 72 hours, regardless of whether use of such facility is subject to a contract or other agreement.
In looking at the existing contract that Middlesex County has with the federal govt, I can believe that there are places where no contract has been written. Since they are so piecemeal, it wouldn't surprise me if some fell through the cracks. I'm no lawyer, but I would assume it's hard to enforce standards if there isn't a contract. Maybe that is what Lofgren and her staff are addressing?
The overriding issue is, as even Chris Christie said recently, being in the country/state without papers is a civil offense. It is not a crime. Those awaiting deportation hearings should be not be detaineed unless absolutely necessary. They should not be held in county jails with the same treatment as those with pending criminal charges, not that I think the latter are being treated fairly either, but that's another post. |
