Report: Too much time in jail for illegal immigrants
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By Liz Mineo/Daily News staff
GHS
Posted Dec 27, 2008 @ 11:35 PM

Local Brazilian immigrant advocates agreed with the main finding of a state-wide report by the American Civil Liberties Union of Massachusetts, which concluded that immigrant detainees spend too much time in jail.

The report, released this month, said hundreds of people arrested by Immigration and Customs Enforcement spend months and sometimes years in county jails in Massachusetts while they await deportation. Jail conditions often violate basic human rights and due process, the report said.

"It reflects what is going on in the jails where immigrants are detained," said Fausto da Rocha, director of the Brazilian Immigrant Center in Allston. "People have to wait in jail three weeks or three months, and sometimes more than six months."

Brazilian community activist Ilton Lisboa agreed.

Of all the people who call him asking for help to locate relatives who have been arrested by ICE, most complain about the length of time their loved ones have to spend in jail before they're deported.

"On average, they wait between three or four months," Lisboa said. "But they never know when they're going to be deported. This creates a great deal of anxiety for immigrants and their families."

Every day, the report said, approximately 800 immigrants and asylum-seekers are detained and placed in county jails for immigration violations, which under U.S. law, are not considered criminal.

Yet, in another key finding, the report said detainees "who have not been accused of a crime" are placed in cells "side-by-side with sentenced criminals."

Rocha said that's a great source of concern. "Many of those immigrants who are put in jail have never been to a jail in Brazil. They're not criminals," he said.

Lisboa said most detainees feel it's unfair that they are sharing cells with criminals. "They don't see themselves as criminals," he said.

An average of 200 Brazilians per month are in jails for immigration violations, said Consul Mario Saade to a Brazilian newspaper recently.

Every week, ICE sends a list with all the Brazilian detainees to the Brazilian Consulate in Boston, he said, and every month, an employee from the consulate visits the jails and meets with detainees.

But in Rocha's view, the consulate could do a better job in assisting detainees who also complain about lack of blankets and inadequate food. Detainees also report abusive behavior by some guards, said Rocha. If they complain publicly, detainees are placed in solitary confinement, he said.

The report also found jails that house immigrant detainees are often crowded and in poor condition, with lack of access to bathrooms and to private rooms to meet with attorneys, and denial of access to medical care.

Abuse is common, the report said, and includes threats, coercion, physical force and use of racial or ethnic epithets.

The report took two years to be completed.

Over the past few months, things seem to have improved.

Sidney Pires, a Brazilian community activist and former Framingham Town Meeting member, said he hasn't heard too many complaints. People often contact him to ask for help in the wake of ICE arrests.

'There is always room for improvement, but things have improved a lot," said Pires. "Before, it was a mess. I don't hear as many complaints as last year."

Titled "Detention and Deportation in the Age of ICE: Immigrants and Human Rights in Massachusetts," the report was based on interviews with 40 detainees and hundreds of documents obtained by the organization under the Freedom of Information Act. The report can be found at www.aclum.org/ice.

Liz Mineo can be reached at (50 626-3825 or lmineo@cnc.com
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