How to Deal with the Detention of an Immigrant Spouse and Homeland Security

So your loved one has been detained for deportation and you have no idea what to do or where to begin. When you visit your loved one as they await their deportation hearings you will feel an overwhelming sense of frustration, humility, and a complete loss of power. Your family member will need you to stay strong and reclaim your power to enable yourself to help them. You can reclaim your power and there are many organizations that can help you.

Instructions

Difficulty: Challenging

1. Even the Department of Homeland Security and its ICE Agents have policing agents that monitor the behavior of staff, including all ICE Agents, the warden, any correctional officers, and immigration officers. Each facility is overseen by the Attorney General’s office, and each ICE Agent is managed by a regional office. These offices can be found at: http://www.ice.gov/about/dro/contact.htm. Each office has a supervisor who manages each officer and you should know how to contact your regional office if you are having problems with the way your loved one is being treated. If you don’t find help there, you can always contact the Office of Professional Relations, which is the organization that investigates anyone who abuses the rights of the detainee. It is here that you can file a report, explaining the circumstances and request the matter be investigated. For information on how to reach either the U.S. Attorney General or your local Office of Professional Relations, contact: http://www.usdoj.gov/contact-us.html
2. It is crucial that you gather a network of friends and family for support. Your patience will be taxed to extremes you’ve never encountered and you will need this support system to help you through those times. Visitations are often purposely and psychologically degrading to family members. They are meant to be this way. The system is designed to break down the emotional well being of the family and create a feeling of hopelessness so you give up. Those that do, lose. Those who persevere, sometimes win even in the most impossible situations. Remember that time is your best friend. The longer your loved one remains and fights his or her case, the better the likelihood that either new legislation, an adept attorney, a courageous appeal, or even sometimes a leak to the press will give you the opportunity to keep your loved one in the U.S. and eventually have them released with a visa.
3. Don’t hop on the first attorney that says he or she can represent your case. There are a myriad of unscrupulous lawyers practicing immigration law. These people have been known to accept thousands of dollars and do absolutely nothing to win the case. Ask for referrals from community agencies. Interview the attorney who offers to represent you. Ask how many cases he has one that are similar to yours. In the following list, published on the American Bar Association web site, information is offered on what to do if you have problems with an attorney or need to find one. This file explains how judges view cases and is a valuable resource for those who can not afford attorneys: http://www.usdoj.gov/eoir/statspub/benchbook.pdf Most of all, do the research for your loved one’s case. Never rely completely on an attorney to do all the research.
4. Placing money on your loved one’s books can be something of a challenge in some facilities. In San Diego, one correctional officer at CCA was fired for stealing the money of the detainees. ALWAYS demand a receipt for any money you turn over on behalf of your loved one. Always follow up by telling your loved one how much money you placed on their books, so they can hold people accountable. Most facilities only take cash or mailed in money orders. Ensure you have every receipt saved in a safe place, in case the facility hires unscrupulous correctional officers.
5. Let your loved one know they can file grievances and if those grievances are not handled in a timely fashion, they should follow up with another grievance. If these are not handled, then make a call to the warden’s secretary and ask to speak directly to the warden of the facility. Many immigration detention facilities are now run by a for-profit organization call Corrections Corporation of America. These facilities are known to cut costs by ignoring medical needs, violating any number of human rights, and cutting costs any way they can to make a profit. It is very likely your loved one will endure substandard treatment if he or she is housed in one of these facilities. Here’s some contact information for the executives that oversee this organization if you have problems that your warden refuses to address. Don’t expect too much help, because this organization is insensitive for the most part to the needs of the detainees or their families. Know that many are working to remove the licensing of these facilities operating under CCA, and in fact one Texas facility in Taylor Texas, the Don Hutto Residential Center operated by CCA was recently shut down due to its lack of compliance with human rights. The San Pedro CCA facility in California recently had their license revoked as well, but don’t let this force you to give up. Stay on top of the problems and if you do not find resolution, contact your local ACLU. It’s likely others are experiencing the same problems and they will investigate.
6. Contact your legislators if you have problems during any of this. Keep on top of writing letters or emails to your local representatives. They are supposed to help you. Sometimes their staff makes it difficult but be assertive and demand results.
7. Keep yourself healthy. You can do nothing to help your loved one if you do not remain healthy too. Remember! You are their link to sanity and ethical treatment. It is crucial that you maintain your own well being.

Tips & Warnings

• Detainees who have been in isolation or segregation may experience psychological trauma. They may begin to detach from you and blame you. Understand this is a natural reaction to psychological torture. It is torture to keep a human being housed in a cell for 23 hours a day without access to television, news, or anything to remind them of the outside.
• Never wear revealing clothing to visit or you’ll be turned away. Read the rules carefully and abide by them.
• Stay positive in front of your loved one as much as possible. Communicate as much as you can with them so they do not feel isolated. The removal of human contact is one of the psychological games the DHS plays to ensure your loved one grows tired of fighting his or her case.
• Read everything you can on torture and how governments physically and psychologically torture prisoners of war to break them. Explain this to your loved one so they know they aren’t going insane. Because they will feel as if the world has forsaken them, especially if they fear death upon return to their country of origin.
• Print interesting articles for your loved one and mail them to them. Choose things your loved one had an interest in so they feel connected]