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Government Security News August Digital Edition

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Border <strong>Security</strong>/Immigration<br />

ment should be using the resources<br />

they are wasting in court to provide<br />

basic human necessities to those in<br />

its custody.”<br />

“Migrants detained in the Tucson<br />

sector have long suffered horrific<br />

conditions,” said Dan Pochoda,<br />

senior counsel for the ACLU of<br />

Arizona. “It is unconscionable that<br />

the federal government continues<br />

to detain people including infants<br />

in this manner. The Border Patrol<br />

continues to operate in violation of<br />

U.S. and international law as well<br />

as its own standards without being<br />

held accountable for these egregious<br />

abuses.”<br />

“These photos show the harm<br />

people suffer in these facilities, from<br />

having to sleep on the floor for days<br />

to needing to huddle together just to<br />

stay warm,” said Travis Silva, attorney<br />

with the Lawyers’ Committee<br />

for Civil Rights of the San Francisco<br />

Bay Area. “These conditions should<br />

not exist in a facility operated by the<br />

United States government.”<br />

“The images unsealed by the court<br />

leave no room to debate the fact<br />

that thousands of immigrants are<br />

subjected to inhumane and unconstitutional<br />

conditions by the Border<br />

Patrol,” said Nora Preciado, staff attorney<br />

with the National Immigration<br />

Law Center. “We urgently need<br />

meaningful and lasting reforms that<br />

put an end to these abuses, hold the<br />

agency accountable, and ensure that<br />

people are treated with dignity.”<br />

“Mothers should not be forced to<br />

change their babies’ diapers on cold<br />

concrete floors or warm them with<br />

flimsy aluminum sheets. Border<br />

Patrol’s treatment of men, women<br />

and children in its custody is simply<br />

inexcusable,” said Mary Kenney,<br />

senior staff attorney for the American<br />

Immigration Council. “We are<br />

seeking immediate relief from the<br />

deplorable detention conditions in<br />

CBP holding facilities for the thousands<br />

of individuals who are or will<br />

be held there while this case progresses.”<br />

In December, attorneys representing<br />

the Plaintiff class of detained<br />

immigrants sought a preliminary<br />

injunction to stop Border Patrol’s<br />

unconstitutional detention practices<br />

while the case is being litigated. The<br />

injunction is based on compelling<br />

evidence of inhumane conditions<br />

in Tucson facilities—much of which<br />

was disclosed after the Court sanctioned<br />

Border Patrol for destroying<br />

video recordings from these facilities<br />

and failing to turn over other<br />

relevant documentation.<br />

Jane Doe, et al. v. Johnson, et al.<br />

was filed in the U.S. District Court<br />

for the District of Arizona. Attorneys<br />

on the case include Harold J.<br />

34<br />

McElhinny, Colette Reiner Mayer,<br />

Louise C. Stoupe, Kevin M. Coles,<br />

Pieter S. de Ganon, and Elizabeth<br />

Balassone of Morrison & Foerster<br />

LLP; Nora Preciado, Linton Joaquin,<br />

and Karen C. Tumlin of the<br />

National Immigration Law Center;<br />

Mary Kenney, and Melissa Crow of<br />

the American Immigration Council;<br />

Travis Silva of the Lawyers’<br />

Committee for Civil Rights of the<br />

San Francisco Bay Area; and Kathy<br />

Brody, Brenda Muñoz Furnish, and<br />

Dan Pochoda of ACLU of Arizona.<br />

For additional links see:<br />

• Challenging Unconstitutions<br />

Conditions in CBP Short Term<br />

Detention Facilities (Litigation<br />

Page)<br />

• Photo Exhibits of CBP Short-<br />

Term Detention Conditions<br />

• Declaration by Joe Goldenson,<br />

M.D., Medical Conditions Expert<br />

• Declaration by Eldon Vail,<br />

Prison Conditions Expert<br />

• Declaration by Robert W. Powitz,<br />

Sanitation Expert<br />

• Detained Beyond the Limit:<br />

Prolonged Confinement by U.S.<br />

Customs and Border Protection<br />

along the Southwest Border (Special<br />

Report, <strong>August</strong> 2016)

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