Detention – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 RantCrush Top 5: March 20, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-march-17-2017-2/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-march-17-2017-2/#respond Mon, 20 Mar 2017 16:25:59 +0000 https://lawstreetmedia.com/?p=59662

Happy Spring Equinox!

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Image courtesy of Rich Gerard; License: (CC BY-SA 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Tough Week Ahead For Donald Trump?

It’s going to be an important and busy week for President Donald Trump. This morning at 10 a.m., the hearing on Russia’s meddling in the 2016 presidential election began. FBI Director James Comey testified before the House Intelligence Committee and acknowledged that there is an ongoing investigation into the matter. The FBI leader also disclosed that there’s an investigation into any collusion between Trump aides and Russians officials. Comey also said he has “no evidence” of Trump’s claims that President Barack Obama wiretapped Trump Tower. This morning, seemingly to divert attention, Trump went on a tweet storm and claimed that the Russia story is fake news.

Trump also claimed that there has been contact between Russia and the Clinton campaign, a claim for which there is seemingly no evidence.

Today is also the first day of confirmation hearings for Neil Gorsuch, Trump’s SCOTUS nominee. And on Thursday, the House will vote on the new health care plan. NBC reports that at least 17 Republican House members do not approve of the plan, so it could be a close and interesting vote.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Korean-American Man Who Was Adopted When He Was Three to Be Deported https://legacy.lawstreetmedia.com/blogs/law/korean-man-adopted-3-deported-years-abuse/ https://legacy.lawstreetmedia.com/blogs/law/korean-man-adopted-3-deported-years-abuse/#respond Fri, 28 Oct 2016 19:49:44 +0000 http://lawstreetmedia.com/?p=56493

The United States is the only home he's ever really known.

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"US and WA Flags at Lk Sammamish State Park" courtesy of KurtClark : License (CC BY 2.0)

The story of Adam Crapser, 41, who was born in South Korea but adopted by an American couple at age three, has brought a lot of attention to the issue of international adoptees who lack American citizenship. Adam Crapser’s adoptive parents never filled out the necessary paperwork and now he faces deportation to a country he hasn’t seen since he was three, where he has no family or friends, and knows neither the language nor the culture. According to a Korean-American advocacy group, about 35,000 adoptees in the country lack U.S. citizenship, many times because the parents don’t know they need to fill out certain paperwork.

Adam Crapser, who until recently lived in Vancouver, Washington, with his two daughters and pregnant wife, was adopted with his sister and taken to the U.S. His only belongings when he arrived were a Korean bible, a pair of rubber shoes, and a stuffed dog. But seven years later the parents, who had been abusive the whole time and punished the siblings by locking them in a dark basement, changed their minds and abandoned the kids. At age ten, Adam Crapser was separated from his sister and passed through several different foster homes.

By the time he was 12, Thomas and Dolly Crapser adopted him, but that didn’t make life easier. The couple also had two other adopted kids and several foster children, and all of them were abused. The parents allegedly taped the children’s mouths shut with duct tape, slammed their heads into door frames, and hit them. According to the AP, the couple was arrested on charges of physical and sexual abuse and rape in 1991, but Thomas only got 90 days in jail and Dolly three years of probation.

Before the Crapsers were criminally charged, they had kicked Adam Crapser out of their home before he had any chance to collect his belongings. In an attempt to retrieve his Korean bible and rubber shoes from when he was little, he broke into their house, which led to charges of burglary. Later in life he got in trouble with the law for unlawful possession of a firearm, assault after a fight with his roommate, and for calling a son he had with an ex-girlfriend despite a protection order.

“I made a lot of mistakes in my life, and I’m not proud of it,” Adam Crapser told the New York Times magazine. “I’ve learned a lot of lessons the hard way.”

In 2000, Congress passed a law that gives automatic citizenship to adoptees, but only future adoptees or children under 18. Adam Crapser wasn’t covered but had to apply by himself. At the beginning of the year he came onto the immigration authorities’ radar when he applied for a green card and his previous convictions showed up. Another law, that was made stricter after 9/11, made him deportable because of his previous crimes. Even though he is now a responsible father of three, soon to be four, he was taken away from his family and put in an immigration detention center for nine months. During a hearing on Monday, he waived an appeal since he desperately wants to get out of there and be with his family.

“He will be deported as soon as Immigration and Customs Enforcement makes the necessary arrangements,” his attorney Lori Walls said to the AP. “Adam, his family, and advocates are heartbroken at the outcome.”

That someone who was taken from his home country at such a young age will now be sent off to a place completely alien to him and forced to split up from his wife and children, simply because of neglectful adoptive parents, has caused an uproar on social media. Many are pleading for the White House to step in.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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The Consequences of Stronger Immigration Enforcement Can Be Seen in Our Prisons https://legacy.lawstreetmedia.com/news/consequence-stronger-immigration-enforcement/ https://legacy.lawstreetmedia.com/news/consequence-stronger-immigration-enforcement/#respond Fri, 28 Aug 2015 13:56:10 +0000 http://lawstreetmedia.wpengine.com/?p=47244

Detention is a big part of American border security.

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Image courtesy of [miss_millions via Flickr]

The debate over illegal immigration often focuses on enforcement–how we are going to secure our border and protect Americans–but the consequences of stronger enforcement often generally get less attention from policymakers. According to the Department of Homeland Security, Immigration and Customs Enforcement (ICE) detained 441,000 immigrants in 2013. A BuzzFeed News analysis of data from the Department of Justice found that Mexican immigrants are disproportionately detained pending deportation. This is true not only in terms of raw numbers, but also relative to detention rates from other countries–even when accounting for gender, legal representation, and those facing criminal charges.

According to BuzzFeed News,

Three-quarters of all Mexicans facing deportation on noncriminal grounds were placed in detention centers. For Guatemalans, the next most frequently detained group, the rate was 61%. For China and Cuba, longtime adversaries of the United States, the rates were 19% and 16%.

These findings are particularly striking because of how the website’s methodology looked only at people who were detained without facing criminal charges. BuzzFeed News’ article implicitly argues that the current focus on illegal immigration typically relates to immigrants coming from Mexico, and the detention disparity likely reflects an attempt to specifically deter Mexican immigration. The article also cites a Supreme Court decision, which ruled that civil detention cannot be used for deterrence or retribution–revealing a potential issue with ICE’s detention practices.

However, one thing that the analysis is unable to take into consideration is whether those who are detained have been previously deported or have criminal histories. To its credit, BuzzFeed News does acknowledge this and argues, that factors that are unaccounted for “…could explain at least part of the disparity — but probably not all of it, according to the experts consulted by BuzzFeed News.”

The article also highlights potential issues with detention when a detainee does not face criminal charges. A 2009 analysis by the Associated Press found that at one point in time more than half of those in ICE detention did not face criminal charges and had no criminal record.

In recent years, ICE has adjusted its detention policies to focus on high priority immigrants, who include criminals and repeat offenders. Jeh Jonson, the secretary of the Department of Homeland Security (DHS), issued new guidelines for the apprehension, detention, and removal of illegal immigrants to initiate a change from previous policies. DHS has also moved away from what have been called “bed quotas,” which was essentially an implicit requirement to fill every available bed in the department’s detention budget. The department’s budget required it to maintain “a level of not less than 34,000 detention beds,” which in practice became a requirement to fill nearly all of the budgeted beds in detention centers (see chart below). In an appropriations hearing this year, Secretary Johnson argued that this was no longer the department’s policy. Recent statistics also suggest that the actual number of detainees is around 78 percent of the required capacity for the first five months of the 2015 fiscal year.

Also important is the fact that convictions for immigration offenses caused a significant portion of the growth in the federal prison population. A Pew Research Center analysis of sentencing data found that between 1992 and 2012 the number of federal inmates (including citizens and non-citizens) more than doubled–going from 36,564 to 75,867. That growth is widely acknowledged and is a cornerstone of the criminal justice reform movement currently gaining momentum in the United States. But what is less known is the fact that 48 percent of the growth in federal prisoners is due to sentences for one specific offense: unlawful reentry, which in addition to other immigration offenses made up 30 percent of the federal convictions in 2012. As a result, non-citizen Hispanics make up the single largest portion of the federal prison population at 37 percent.

Tough on immigration policies are often discussed by politicians, but their effects–most notably the detention and imprisonment of immigrants–receive much less attention. Discussion of immigration should not be divorced from its costs and consequences, which despite recent progress in targeting higher priority immigrants remain significant. While supporting stronger border protections is a valid position, and may even be politically expedient, proponents should acknowledge how such a policy will affect prison populations.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-20/ https://legacy.lawstreetmedia.com/news/icymi-best-week-20/#comments Mon, 02 Mar 2015 15:59:01 +0000 http://lawstreetmedia.wpengine.com/?p=35303

ICYMI, here are the top three stories from Law Street.

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Lawsuits, crime, and drugs ruled the news last week and the most popular articles at Law Street were no exception. The #1 article of the week, from Anneliese Mahoney, detailed the suit over royalties earned by “50 Shades of Gray” won by a woman in Texas; #2, also from Mahoney, covers the explosive news out of Chicago that there is a secret ‘black site’ where Americans are held outside of the justice system; and #3, from Alexis Evans, is the story from Wesleyan University where nearly a dozen students were hospitalized in apparent Molly overdoses. ICYMI, here is the Best of the Week from Law Street.

#1 Texas Woman Wins Big “50 Shades of Grey” Royalties Lawsuit

It seems like one of the most popular topics of conversation these days is the movie version of the erotic novel sensation “Fifty Shades of Grey.” (Spoiler alert: It’s really bad. I went hoping to make fun of it and have a few laughs, and it was too awful to even laugh at.) But one woman may be laughing soon–laughing all the way to the bank, that is. An Arlington, Texas woman named Jennifer Lynn Pedroza just won a major “Fifty Shades” related lawsuit. Read full article here.

#2 Chicago “Black Site” Allegations Yet Another Example of Police Brutality

News of a secret detention facility in Chicago broke this week and it’s sparking horror and outrage across the country. This “black site,” revealed by the Guardian, is a nightmare image straight out of a post-apocalyptic movie. People are “arrested” and taken to this site, which is inside a warehouse in Chicago’s Homan Square. Then they are subjected to inhumane treatment. They aren’t afforded the rights that the U.S. Constitution promises all of us. Read full article here.

#3 Mass Molly Overdose Hospitalized 11 Wesleyan Students

Connecticut’s Wesleyan University was flooded with sirens Sunday night as almost a dozen students were rushed to hospitals after reportedly overdosing on the party drug commonly known as Molly, or MDMA. The exact number of alleged victims varies, with police reporting that 11 students were hospitalized for the drug, while Wesleyan University President Michael S. Roth reported the figure as ten students and two visitors in a letter sent to students Monday morning. Read full article here.

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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