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Posts tagged immigrant rights
Profile, Tag, Deport: CDCR Betrays California’s Values

By Sana Singh

For years, countless immigrant Californians have been calling attention to the California Department of Corrections and Rehabilitation’s (CDCR) discriminatory practices that assist in U.S. Immigration and Customs Enforcement’s (ICE) deportation efforts. CDCR staff identify individuals in their custody, whom CDCR assumes to be born outside of the U.S., report them to ICE, and deny them valuable rehabilitation, education, and credit-earning opportunities. In 2022, the ACLU of Northern California filed a major public records request seeking communications between CDCR and ICE. Over the past several months, the ACLU of Northern California, Asian Americans Advancing Justice-Asian Law Caucus, Asian Prisoner Support Committee, and Root & Rebound have analyzed over 2,500 CDCR records and emails between August and September 2022. Step by step, the team pieced together a more detailed view than ever before into how CDCR voluntarily goes to horrifying lengths to illegally discriminate against Californians born outside the U.S. and against anyone CDCR officers unilaterally perceive or assume to be born outside the U.S. Dozens of previously unseen emails show how California’s largest public agency is using public resources to operate a system of double punishment that rips apart immigrant and refugee families and communities, in direct conflict with California’s values of equality, fairness, and justice. In their zeal to collude with ICE, CDCR is not only targeting people who have served their time and are set to return home for detention and deportation but is also sweeping up U.S. citizens and Green Card holders, relying on racist assumptions and ignoring their own records. CDCR’s practices are also increasingly out of step with the rest of California and statewide officials’ own commitments to their constituents. Many counties across California, including Los Angeles, San Joaquin, Santa Cruz, Humboldt, San Francisco, San Mateo, and Santa Clara, have already stopped facilitating transfers of people to ICE after they have served their time in jail or prison. Governor Newsom has recently called on California to “be in the homecoming business,” and CDCR Secretary Macomber has stated his intentions to “create a space focused on preparing individuals for successful returns to the community.” CDCR’s practices raise urgent legal and policy questions and implicate the fundamental rights of numerous Californians in CDCR custody, adding further to the agency’s deeply troubling record of medical abuse and neglect, warehousing of people in long-term solitary confinement, racist and antisemitic social media comments, and forced sterilizations, among other concerning practices. The human costs of CDCR’s collusion with ICE are severe, as revealed in disturbing email records in the report that follows. By proactively offering people up to ICE, CDCR has engineered a two-tiered system of justice that brings trauma to those in their custody The emails reviewed by the investigative team and described below are communications from August and September 2022. Despite the narrow timeframe of these records, the records we have received paint a disturbing picture. In just the two months the below communications span, CDCR transferred over 200 people from CDCR facilities to ICE custody. What follows is a description of the practices that CDCR uses to collude with ICE, and examples of discrimination, indiscretion, resource mismanagement, and anti-immigrant behavior by department staff, as revealed in disturbing email records. We conclude with a summary of the harms caused and the need for legislative action. and to their loved ones. The impact of such discriminatory practices is felt widely in California, which is home to the largest immigrant population in the country. In 2021, over a quarter of Californians were foreign-born and almost half of the children in the state had at least one immigrant parent. In 2023, California lawmakers can take immediate action to hold CDCR accountable to the state’s values and laws. AB 1306 authored by Assemblymember Wendy Carrillo, otherwise known as the HOME Act, harmonizes state immigration policy with existing, broadly-supported criminal justice reforms, ensuring immigrant Californians who earn their release from state prison through these measures are not transferred to ICE. The legislation offers a simple fix to one form of CDCR’s discrimination against immigrants and refugees and takes important strides toward enacting equal treatment for all who call California home

San Francisco: ACLU of Northern California, 2023. 22p.

Denying Citizenship: Immigration Enforcement and Citizenship Rights in the United States

By Emily Ryo and Ian Peacock

In the current era of intensified immigration enforcement and heightened risks of deportation even for long-term lawful permanent residents, citizenship has taken on a new meaning and greater importance. There is also growing evidence that citizenship denials in their various forms have become inextricably linked to immigration enforcement. Who is denied citizenship, why, and under what circumstances? This article begins to address these questions by developing a typology of citizen denials and providing an empirical overview of each type of citizenship denial. Taken together, the typology of citizenship denials and the accompanying empirical overview illustrate the close connection between immigration enforcement and citizenship rights in the United States

USC CLASS Research Paper No. CLASS19-31, USC Law Legal Studies Paper No. 19-31, 47 pages

Beyond Legal Deserts: Access to Counsel for Immigrants Facing Removal

By Emily Ryo and Reed Humphrey

Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often lack English fluency, economic resources, and familiarity with our legal system. Yet, most immigrants in removal proceedings do not have legal representation, as removal is considered to be a civil matter and courts have not recognized a right to government­appointed counsel for immigrants facing removal. Advocates, policymakers, and scholars have described this situation as an access-to-justice crisis or a representation crisis for immigrant communities. The prevailing wisdom suggests that the solution to this crisis is more lawyers or more nonlawyer practitioners, such as accredited representatives and legal technicians, who can provide affordable and quality legal services. The focus, therefore, has been on the ubiquity of "legal deserts," commonly defined as areas that are in shortage of lawyers, and on ways to increase the supply of legal service providers in the marketplace.

This Article presents an empirical study of legal representation that unsettles this prevailing wisdom by showing why an adequate supply of legal service providers is a necessary, but not a sufficient, condition to address the representation crisis. Our study uses a new and original dataset that we compiled for the purposes of this study on immigration lawyers and non-detained immigrant respondents in removal proceedings. Our findings suggest that although the focus on the supply­side dimension of the representation crisis is important, it obscures other complex sets of barriers to obtaining legal representation that are distinct from the problem of legal deserts. Specifically, our empirical analyses show that whether a non-detained immigrant respondent obtains legal representation is predicted by where they reside, their primary language, and the size of their conational social networks, controlling for the availability of practicing immigration lawyers in close proximity to their places of residence and other potential confounders. In short, we argue that geography, language, and networks are destiny for immigrant respondents when it comes to obtaining legal representation. Thus, addressing the representation crisis requires looking beyond the problem of legal deserts to attend to a variety of other hurdles to obtaining legal representation that are associated with certain geographical, linguistic, and social isolation in which many immigrants live.

101 North Carolina Law Review 787-840 (2023), 54 pages