FW: [ai news updates] Digest Number 1938
Dianne Tramutola-Lawson
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Sent: Friday, August 26, 2016 2:08 AM
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Subject: [ai news updates] Digest Number 1938
3 Messages
Digest #1938
Detention & Immigration by "law_union_news" law_union_news
2.1
Extradition by "law_union_news" law_union_news
3.1
U.S. Prison by "law_union_news" law_union_news
Messages
Thu Aug 25, 2016 6:08 pm (EST) . Posted by:
"law_union_news" law_union_news
Immigrant detainees in Georgia more likely to be deported than detainees elsewhere
August 23, 2016
https://www.splcenter.org/news/2016/08/23/immigrant-detainees-georgia-more-likely-be-deported-detainees-elsewhere# https://www.splcenter.org/news/2016/08/23/immigrant-detainees-georgia-more-likely-be-deported-detainees-elsewhere#
Georgia detainees less likely to be released on bond.
Immigration and Customs Enforcement (ICE) detained over 243,000 immigrants in Fiscal Year 2015 (FY 2015).1 The detained immigrants are housed in a patchwork of public and private facilities around the country under contract with ICE.
There are three immigrant detention facilities in Georgia. The two largest facilities are Stewart Detention Center in Lumpkin and Irwin County Detention Center in Ocilla.2 Over 11,000 detainees were booked into these two detention centers during FY 2015. Nearly 8,500 people were booked out – or released – from the facilities for various reasons, including deportation or termination of proceedings when the detainee won relief.
This analysis is based on data released by ICE through a Freedom of Information Act request for FY 2015. It compares data from the Stewart and Irwin County detention facilities to national data. The data provided by ICE represents a partial fiscal year, from Oct. 1, 2014, to July 31, 2015 – the most recent national and local data available from ICE.
Reasons for Final Release from Detention, FY 2015
The analysis reached the following conclusions:
• Immigrants at Georgia detention centers are more likely to be deported from the United States than detainees elsewhere. Nationally, 60.3% of detainees were released for deportation in FY 2015. At Stewart Detention Center, 87.1% of detainees were deported upon release. Irwin County Detention Center also exceeded the national average with 75% of detainees released for deportation.
• Immigrants at Georgia detention centers are far less likely to be released on bond than detainees nationwide. Bonds are either set by local ICE agents or by immigration judges at the Stewart Detention Center or the Atlanta Immigration Court. Nationally, 10.5% of detainees were released on bond. At Stewart Detention Center, only 5.2% of detainees were released from detention on bond. At the Irwin County Detention Center, it was 7.7% of detainees.
• Bond for immigrants detained in Georgia is much higher than the national average.3 Nationally, the initial bond for detainees was $8,200 in FY 2015. At Stewart Detention Center, however, the average bond was 67% higher: $13,714, an inaccessibly high amount for the vast majority of detainees. At Irwin County Detention Center, the average bond was 41% higher, at $11,637.
• Immigrants at Georgia detention centers are far less likely to obtain release on orders of recognizance. Orders of recognizance are provided at the discretion of ICE. They allow detainees to be released without paying a bond, as long as they follow conditions of release, including regular check-ins with ICE offices. Nationally, 12.2% of detainees were released on orders of recognizance. At Stewart, only 0.7% of detainees received orders of recognizance in FY 2015. At Irwin, the figure was 1.1% of detainees.
• Immigrants at Georgia detention centers are far less likely to receive parole. Federal regulations and Department of Homeland Security policy state that parole should be granted to individuals who have recently arrived in the country and have demonstrated to United States Citizenship and Immigration Services or an immigration judge that they have a credible fear of persecution or torture and are not a flight or security risk.
Nationally, 5.8% of detainees received parole in FY 2015. No detainees were granted parole at Stewart in FY 2015, and only 0.2% were granted parole at Irwin. Both Georgia facilities detained individuals who had demonstrated credible fear of persecution or torture.
Source: All data analysis was performed by the Southern Poverty Law Center. Data was provided courtesy of Human Rights Watch, which obtained the dataset from U.S. Immigration and Customs Enforcement through a Freedom of Information Act request. For more information regarding these calculations, please contact Eunice Cho at the Southern Poverty Law Center, eunic...@splcenter.org mailto:eunic...@splcenter.org. For more information regarding the complete dataset, please contact Grace Meng at Human Rights Watch,me...@hrw.org mailto:me...@hrw.org.
1 The data released by ICE for FY 2015 covers a partial fiscal year, from Oct. 1, 2014 to July 31, 2015. The data provided by ICE for FY 2015 is the most recent available.
2 The Atlanta City Detention Center also detains immigrants; the average daily population is 61. Immigration and Customs Enforcement, Office of Detention Oversight Compliance Inspection, Atlanta City Detention Center (2012). Due to this facility’s size, only the Stewart and Irwin County detention centers were considered in the SPLC’s analysis.
3 Detainees may be released on bond, or payment of at least $1,500 of security, if an ICE officer determines that release would not pose a danger to the community and that the person would be likely to appear for future proceedings. Detainees may seek a review of ICE’s custody determination with an immigration judge.
4 No reason given for release. These figures are not factored into percentage calculations.
Immigrant detainees in Georgia more likely to be deported than detainees elsewhere https://www.splcenter.org/news/2016/08/23/immigrant-detainees-georgia-more-likely-be-deported-detainees-elsewhere
https://www.splcenter.org/news/2016/08/23/immigrant-detainees-georgia-more-likely-be-deported-detainees-elsewhere
Immigrant detainees in Georgia more likely to be ... https://www.splcenter.org/news/2016/08/23/immigrant-detainees-georgia-more-likely-be-deported-detainees-elsewhere Georgia detainees less likely to be released on bond.
View on www.splcenter.org https://www.splcenter.org/news/2016/08/23/immigrant-detainees-georgia-more-likely-be-deported-detainees-elsewhere
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2.1
Extradition
Thu Aug 25, 2016 6:25 pm (EST) . Posted by:
"law_union_news" law_union_news
Quebec anti-domestic violence group calls on justice minister to halt woman's extradition to U.S. LAURA MARCHAND, MONTREAL GAZETTE More from Laura Marchand, Montreal Gazette http://montrealgazette.com/author/lmarchandmtlgazette
Published on: August 24, 2016 | Last Updated: August 24, 2016 8:33 PM EDT
Minister of Justice and Attorney General of Canada Jody Wilson-Raybould. ADRIAN WYLD / THE CANADIAN PRESS
SHARE http://montrealgazette.com/news/quebec/quebec-anti-domestic-violence-group-calls-on-justice-minister-to-halt-womens-extradition-to-u-s#ADJUST http://montrealgazette.com/news/quebec/quebec-anti-domestic-violence-group-calls-on-justice-minister-to-halt-womens-extradition-to-u-s#COMMENT http://montrealgazette.com/news/quebec/quebec-anti-domestic-violence-group-calls-on-justice-minister-to-halt-womens-extradition-to-u-s#PRINT
The Regroupement des maisons pour femmes victimes de violence conjugale denounced the Trudeau government’s “incoherent” attitude for developing a strategy against sex-based violence yet accepting the extradition of a Canadian-American who fled a violent partner.
“We were very confident that (federal justice minister Jody) Wilson-Raybould would address this extradition request keeping in mind the account of conjugal and family violence. Her decision to allow the extradition came down Aug. 2. To say we are dismayed is to put it mildly,” said Sylvie Langlais, the president of the Regroupment, at a news conference Wednesday morning.
The group is calling on the minister to revisit her decision and to try to convince her American counterparts to cancel the extradition request against the woman in question, who is originally from the Eastern Townships.
The woman, referred to as “Mrs. M,” has been living in Lac-Mégantic since 2010 with her three children, who wished to run away from their father. In 2011, the American government demanded her extradition because she violated the father’s exclusive custody agreement. She is now under house arrest for 22 hours a day, and must sometimes return to prison when her case returns before the courts.
“The entire family is living in a prison in some way, since Mrs. M must make round trips to the prison every time there is a court date, and every time the children must stay with a host family,” said Sylvie Morin, with the La Bouée regional women’s shelter in Lac-Mégantic.
The previous Conservative government accepted the extradition request, which was contested in court. The Supreme Court decided, in a 4-3 decision, that the extradition was “reasonable.” At the beginning of August, Wilson-Raybould maintained that decision, but the woman’s lawyer called for a judicial review, which will be addressed within the next six to nine months.
The Regroupement believes that Minister Wilson-Raybould evaluated the file in a “purely legal perspective,” without considering the conjugal violence the woman and her children were subjected to.
They also noted that the current U.S. president, Barack Obama, signed a law against violence against women, and openly calls himself a feminist, like Canada’s own Prime Minister Justin Trudeau.
If the president refuses the demand of the Canadian government, the Regroupement invites the minister to use her discretionary power to put an end to the extradition process.
According to the Canadian laws on extradition, the Justice minister could refuse an extradition order if “it would be unjust or tyrannical considering the circumstances.”
The minister can also refuse if the order “is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced for any of those reasons.”
http://montrealgazette.com/news/quebec/quebec-anti-domestic-violence-group-calls-on-justice-minister-to-halt-womens-extradition-to-u-s http://montrealgazette.com/news/quebec/quebec-anti-domestic-violence-group-calls-on-justice-minister-to-halt-womens-extradition-to-u-s
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3.1
U.S. Prison
Thu Aug 25, 2016 6:29 pm (EST) . Posted by:
"law_union_news" law_union_news
It costs US$6 million per inmate to run Guantanamo, and as prisoners are transferred out, that cost will get higher http://news.nationalpost.com/author/bloombergnp Mike Dorning, Bloomberg News http://news.nationalpost.com/author/bloombergnp | August 24, 2016 4:04 PM ET
More from Bloomberg News http://news.nationalpost.com/author/bloombergnp
Charles Dharapak / AP PhotoThe per-inmate cost to keep prisoners at Guantanamo has jumped to US$6 million, a figure often cited in arguments for shutting the facility down.
Remember the 1970s TV series “The Six Million Dollar Man?” The U.S. now has 61 of them, all at the Guantanamo Bay military prison that President Barack Obama wants to close.
As the U.S. draws down the prison population by transferring inmates to friendly nations, the cost of housing terrorism suspects at the detention facility in Cuba has climbed to about US$6 million per person, according to an analysis of Defense Department figures. That’s produced a politically convenient byproduct for an administration determined to close the site: sticker shock.
The per-inmate cost will only increase as Obama continues to transfer prisoners, as he did last week when 15 detainees were sent to the United Arab Emirates.
“The ballooning waste of taxpayer dollars to imprison people without charge or trial is one of the many good reasons why Guantanamo should be closed,” said Hina Shamsi, director of the National Security Project at the American Civil Liberties Union, which highlighted the prison’s cost.
The ballooning waste of taxpayer dollars to imprison people without charge or trial is one of the many good reasons why Guantanamo should be closed
An Obama administration official who was not authorized to speak publicly mused in an email that the escalating price tag helps highlight the “absurdity” of housing suspected terrorists at Guantanamo. A second official, who was also not authorized to speak publicly, agreed, saying in an email that pointing out the prison’s per-inmate cost is one element of the administration’s argument for closing it.
But opponents of closing the facility have so far been unmoved by that or any other argument, and Obama is likely to leave office with his promise to shut it down unfulfilled. Among other hurdles is the nature of the detainees who remain, including Khalid Sheikh Mohammed, the mastermind of the Sept. 11 attacks, as well as prisoners deemed too dangerous for transfer to other countries or who can never be brought to trial because of the way they were captured and interrogated.
Guantanamo is expensive in comparison to the average cost of incarceration for a maximum-security federal inmate, which was US$33,007 in 2015, according to the U.S. Bureau of Prisons. The annual cost of holding someone in a “Supermax” penitentiary is US$86,374, according to a 2015 article by Sen. Dianne Feinstein, a California Democrat.
The Cuba prison’s cost is a favourite complaint of Obama and other advocates for closing Guantanamo
The Cuba prison’s cost is a favourite complaint of Obama and other advocates for closing Guantanamo. Obama said in a 2010 press conference that the costs of Guantanamo were “massively higher” than a Supermax facility and in a 2014 interview with CNN that the government was “spending millions for each individual.”
Feinstein and Sen. Richard Durbin, an Illinois Democrat, have highlighted the cost per detainee in articles advocating Guantanamo’s closure. Sen. Joe Manchin of West Virginia has repeatedly cited the prison’s “cost-per-terrorist” as a reason to shutter it.
Republicans who oppose closing the prison or transferring its detainees to the mainland reject the argument.
“A large majority of the remaining prisoners have been deemed ‘too dangerous for transfer,’ and the administration has failed to provide a specific plan for safely housing these terrorists anywhere else, not to mention the serious national security risk this transfer would pose,” Sen. Pat Roberts of Kansas said in an emailed statement.
He added that moving Guantanamo detainees to the U.S. would entail costs to construct or modify a prison, such as the Army’s Fort Leavenworth in Roberts’ state, which the Pentagon has examined as an alternative to the prison in Cuba.
The president is still aiming to close the prison at Guantanamo Bay by the end of his term
Obama has sought to close Guantanamo since he was a senator, arguing that it besmirches the country’s global reputation and undermines national security by serving as a recruiting tool for terrorist groups. The facility is closely associated with the way the war against terrorism was carried out under President George W. Bush, which included harsh interrogation techniques that Obama characterized as torture and banned. Human rights advocates have criticized conditions at the prison and the indefinite nature of the detentions.
Obama tried to shut down Guantanamo and move prisoners to the U.S. early in his first term but was blocked by Congress. Opponents, including some Democrats, raised concerns that detainees might escape into the U.S. or a mainland prison would become a magnet for retaliatory attacks.
Obama has proposed transferring the 61 remaining inmates to a high-security prison or to detention on a military base. “The president is still aiming to close the prison at Guantanamo Bay by the end of his term,” White House Press Secretary Josh Earnest said Monday.
As of September 30, 2015, the end of the federal fiscal year, Guantanamo housed 114 inmates at a total cost of US$445 million, according to a U.S. Defense Department report, or US$3.9 million per detainee.
Related Guantanamo detainee refuses offer to board plane and leave prison after 14 years behind bars http://news.nationalpost.com/news/world/guantanamo-detainee-refuses-offer-to-board-plane-and-leave-prison-after-14-years-behind-bars U.S. officials outraged after judge rules Guantanamo detainees can’t be transported by female guards http://news.nationalpost.com/news/u-s-defence-officials-outraged-after-judge-rules-guantanamo-cant-be-transported-by-female-guards U.S. transfers Yemeni Guantánamo inmate to Italy, 14 years after he was arrested and detained http://news.nationalpost.com/news/world/u-s-transfers-yemeni-guantanamo-inmate-to-italy-14-years-after-he-was-arrested-and-detained
At a headcount of 61, the annual cost per inmate rises to US$5.8 million. That includes savings of about US$90 million that the Defense Department estimated in a February 2016 report under a scenario in which the detainee population fell to between 30 and 60.
The cost of Guantanamo is high in part because of the expense of flights back and forth between the United States for attorneys, witnesses, observers and family members for military commissions. It also includes the expense of military troops and contractors that guard and operate the facility, and the logistics of maintaining a detention facility on a remote section of a foreign island.
The Defense Department report said the cost of housing the detainees would remain much higher than most federal prisoners even if they were transferred to a U.S. facility. They would require greater security and surveillance and facilities for handling classified information, as well as the expense of conducting military commissions.
The report estimated the government would save only US$65 million to US$85 million per year with a domestic prison — about US$1.1 million to US$1.4 million per prisoner. After deducting the costs of modifying a U.S. facility and other one-time expenses, that would amount to $335 million in total savings over 10 years.
http://news.nationalpost.com/news/world/it-costs-us6-million-per-inmate-to-run-guantanamo-and-as-prisoners-are-transferred-out-that-cost-will-get-higher http://news.nationalpost.com/news/world/it-costs-us6-million-per-inmate-to-run-guantanamo-and-as-prisoners-are-transferred-out-that-cost-will-get-higher
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A Guide For Canadians Imprisoned Abroad
http://www.voyage.gc.ca/publications/imprisonment-emprisonnement-eng
Registration of Canadians Abroad
http://www.voyage.gc.ca/register
Vienna Convention on Consular Relations 1963
http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
International Transfer of Offenders Application
http://www.csc-scc.gc.ca/text/frmlrs/pdf/0308E.pdf
DATABASE of Canadians/Foreigners Detained in U.S.
http://ca.groups.yahoo.com/neo/groups/aicap-aifap/database
Civil Rights for Offender Transfers
http://www.angelfire.com/mi3/transferofoffenders/index.html
Bill C-15: International Transfer of Offenders Act
May 13, 2004
http://www.parl.gc.ca/common/bills_ls.asp?Parl=37&Ses=3&ls=c15
Prison lottery: Canadian inmates in U.S. often barred from transferring home
http://www.metronews.ca/news/canada/2016/06/23/prison-lottery-canadian-inmates-in-u-s-often-barred-from-transferring-home.html
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