HomeMy WebLinkAboutR-01-0209J-01-230
3/7/01
RESOLUTION N0. r 2 " 91-
A
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, STRONGLY URGING THE UNITED
STATES DEPARTMENT OF IMMIGRATION AND
NATURALIZATION SERVICES, MIAMI-DADE COUNTY
DEPARTMENT OF CORRECTIONS AND REHABILITATION
AND ANY OTHER STATE OR FEDERAL AUTHORITIES
RESPONSIBLE FOR THE STATUS AND TREATMENT OF
FEMALE ASYLUM SEEKERS TO REVIEW THE
"POSITION STATEMENT/PAPER" OF THE CITY OF
MIAMI COMMISSION ON THE STATUS OF WOMEN
REGARDING FEMALE DETAINEES AND ASYLUM
SEEKERS; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS DESIGNATED HEREIN.
WHEREAS, the history of abuse of detainees and asylum
seekers at the Krome Avenue facility and other facilities have
been well documented by the media, United Nations High
Commissioner for Refugees, Amnesty International and the Womens'
Commission on Refugee Women and Children, but the treatment of
the detainees and asylum seekers has not improved; and
WHEREAS, the City of Miami Commission on the Status of
Women has set out in its Position Statement/Paper what it
believes should be the minimum standards of care for the
T I
C
My coRMSSION
MEETING OF
MAR - 8 2001
treatment of detainees and asylum seekers detained in
facilities; and
WHEREAS, the City Commission wishes to strongly urge the
United States Department of Immigration and Naturalization
Services, Miami -Dade County Corrections and Rehabilitation and
any other state or federal authorities to review the Position
Statement/Paper of the City of Miami Commission on the Status of
Women regarding detainees and asylum seekers;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission strongly urges the
United States Department of Immigration and Naturalization
Services, Miami -Dade County Department of Corrections and
Rehabilitation and any other state or federal authorities
responsible for the status and treatment of female asylum
seekers to review the "Position Statement/Paper" of the City of
Miami Commission on the Status of Women as attached regarding
female detainees and asylum seekers.
Section 3. The City Clerk is hereby directed to
transmit a copy of this Resolution to the United States
Department of Immigration and Naturalization Service, Attorney
Y--'
Page 2 of 3
General of the United States, Miami -Dade County Department of
Corrections and Rehabilitation and any other state or federal
officials deemed appropriate for said purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll.
PASSED AND ADOPTED this 8th day of March , 2001.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the yor did not indicate apprrnv^I of
this legislation by signing it in the designatet1pi provided said legislu!' r
becomes effective with the elapse of ten (10 dtregarding same, without the Mayjr exercising, ) %
ATTEST: WafteQ,Foe , qty Clerk
WALTER J. FOEMAN
CITY CLERK
CORRECTNESS:I
ATTORNEY
1� If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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Page 3 of 3 ` _
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POSITION STATBMI T/PAPER
City;of Miami Commission on the Status of Women
REGARDING THE STA�US AND TREATMENT CSF FEMALE ASYLUM SEEKERS AND
THEIR CHI' DREN BY STATE AND #MPRAL AUTHGR US
The current history of abuie of detainees and asylum seekers at the Krome Avenue facility, and
at other facilities, been well documented by the media, United Nations High Commissioner for
Refugees, Amnesty IniCt atioaal, and the W ome ns` Commission on Refugee Women and
Children. Despite this documentation, public sctiuiny, and outcry by agencies, private
organizations and iAdividupls, it appears that the condition of the detainees and asylum seekers
has not improved.
While it is true that some Female detainees have been convicted of crimes that subject them to
deportation, the majority of the worried being held, as well as their children, are simply refugees
seeking a better way of lifwin the United States.
The United Nations and ;other organizations have promulgated standards for treatment of
refugees that the United Sates, thtnugh the Iaitttigration and Nsturali2ation Service (INS), has
yet to practice. '
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Fewer women than men arq held as detainees, which leads to problems of how and where women
should be housed and rmai�ed. It has been established that it is poor policy to separate women
from their children. Nevembeless INS houses under -age children of female asylum seekers at a
totally separare facility, 1 e.. Boys Town. Medical a Wnent is also requited for those in need, yet
INS currently fails to live ' to its own standards for aLch treatment, and woman asylum seekers
are routinely deprived of i e:ir required medical trestinent by guards and administrators of the
facilities in which they held. There are documented cases of women with serious medical
problems such as epilepsy and hyperthyrodism being denied their medication by guards and
administrators until it becotpnes a critical care situation- II In the case of Krome, the medical facility
is so inadequate as to beg fqr federal investigation by iia Justice Department.
Women to detention of 4 sorts should be free from sexual hwassment by dards at those
facilities, and should never, be put and kept in a situation that is harmful to theta physically and
emotionally, where the guaids are only periodically investigated and/or prosecuted for treatment
that runs from groping the *om= for favors at the canteen, to out and out promises said threats
of deportation if the wornetl refuse their sexual advanc S.
This said, INS has long promised to move the female asylum seekers to facilities that are safer ..:
that is to say, %bey will no longer be subjected to the l�irrassment (which under UN standards is
Considered torture) and thot they will be in a better position to be near family, attorneys and the
like. To that cad, the INS1 has signed a contract with Miami Dade County for the housing of
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asylum seekers/detdiaees a Turner -Guilford Knight Celter - the County ]ail - under the auspices
of the U.S. Marshall's S"ce, for a pend of 15 YEARS. The county is paid $82.00 per day for
the care of these women. ;The County Jail facility at TGK has now held these "prisoners" for a
while, and their: t while mcarccratted has been documented by several agencies. The
women are routinely be abused by jail guards, denied adequate access to their attorneys and
families, and con tin --I complain about the food and adequacy of their medical treatment_
They are routinely denied i prescribed medications,.interviews with attorneys and families are
denied, delayed or oven ed. Where there is a language problem that requires translation, the
only tramslation available s if the attorney or interviewer has a cellular phone to contact an
AT&T translating operator There is a single interview room at TGK wiueh is inadequate at best.
While not widely known, a women are often shipped out of TGK to facilities in other states —
Pennsylvania, Louisiana, ew York — in the middle of the night with no notice to coansel or
families. This is outrageott.
We, the City of Miami Commission on the Status of Women would like to weigh in on the
ongoing discussions and ref'ommendariona made by all the previously mentioned organizations.
We feel that the followin# minimum standards of care should be followed for the time any
women are in detention in our community, either at. Krome or at a cottmy jail facility.
1. Asylum seekers whave shown a credible fear of persecution should not be detained,
but should be given exp itious and fair hearings. Prolonged detention of asylum seekers is
contrary to the principles of imernadonal law. '
2. For women who captor be paroled pending a final hearing, the INS should have a more
credible holding facility than a county *1, which the taxpayers are essentially paying for twice.
3. Women are exee4inE�iion,
y vulnerable in a real prison detention situation, and the inability
to communicate with orand the guards opens them up to greater abuse. Having an official
translator available, and mululmgual guards for these ladies in particular, would be
of great assistance.
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4- Children should NBVER be separated from their mothers.
5. Working and adequate grievance procedures MUST be in place so the women who
compLain about their n?eatwent are not subject to retaliation by guards.
6. There should be in;'tnediate investigation and suspension of any guard or administrator
who is an alleged violator.: It would be prudent for the investigation to be made public; so as to
deflect the rather obvious e' nelusions that INS and the!Couaty facility are covering up the abuses
in the hope the accusers be deported before th+ry can testify (this has happened) or the
detainee is shipped away t4 another facility. We sugieast a civilian oversight board to oversee
and assist in these invesdWous. This will assure fairies for all concerned.
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7. Medical treatment i and medicine should AL AYS be available to a needy detainee.
Under no circumstances #could any woman with a medical condition that requires ongoing
medication. be put at risk b1scause the guards "don't feel like it" or use the medicine, or lack of it.
to better control the inmates. Counseling should be available for those who have been abused or
tortured, or simply detaitic#.
9. There is an absoluie lack of respect for the asylum seekers by their jailers. Sensitivity
training would scan to be :option, along with separate area of detention. However the prison
warden at TGK has stated! that he cannot "treat these people dif -eptly, or the other prisoners
will take it out on them." !
9. There must be adgquate facilities where the asylum seekers can be alone with their
anormys, with official U*wlators available to assist] These sessions should always remain
private and out of the heating of guards. PrivilegedIcommunications are just that. This is a
fundamental hurnan right, Ind detainees should never bb denied access to counsel.
10. Prisoners have thesolute right to practice thdu religious beliefs. It is on record that at
certain facilities women fir places such as Somalia have been forced to reruove Thur veils and
strip for body cavity searah�s by male guards. This is intolerable.
11. Asylum seekers should have access to the basic necessities such as shower facilities and
toiletries. Women should uever be forced to appear in court or anywhere without being able to
properly wash.
12. Asylum seekers should be assured they will remain in a certain facility where they have
access to family visitors anti their anorneys. They should Bever be secretly sent to other facilities
without pmper and fair nonce to all. Bed space is not { reasonable excuse.
13. The United Stairs! should immediately adopt and ratify the United Nations Righ
Commission= on Human Bights Guidelines on Human Rights set out in 1999 -- and then make
sure that federal institution follow them, or be punished if they do not.
WOMEN WHO HAVE gOME TO THE UNITED STATES SEEKING A BETTER LIFE
SHOULD BE ASSURED ITHAT THEY WILL BE KEPT IN A SAFE AND PROTECTED
PLACE UNTIL THEIR C4AIMS CAN BE FAIRLY #ROCESSED BY THE GOVERNMENT.
UNTIL THAT TASE; THEY SHOULD BE TREAT91) AS ALL ASYLUM SEEKERS HAVE
BEEN TREATED HISTdRICALLY BY THE UMTED STATES — WITH CARE AND
FAIRNESS, NO MATTES WHERE THEY CON4E PROM, NO MATTER THE LANGUAGE
THEY SPEAK, NO M-kT#R THE COLOR OF TIHF..SR SKIN. THEY HAVE COME HERE
TO ESCAPE PERSECLTIJON, AND ARE DUE THE RESPECT TO WHICH ALL HUMAN
BEINGS ARE ENTITLED NO MATTER THEIR ORIGIN.
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Walter J. Foeman
City Clerk
Office of the City Clerk
3500 Pan American Drive
P.O. Box 330708
Miami, FL 33233
Dear Mr. Foeman:
U.S. Department or Justice
Immigration and Naturalization Service
HQRRT 30/2.3
425 I Street NW
Washington, DC 20536
MW
Thank you for the opportunity to comment on the Miami City Commission's resolution
and position statement regarding the conditions of detention of women in the Miami area. Upon
review we have identified statements in the report that are inaccurate and would like to correct
these statements for the record.
We appreciate the Commission's concerns fegarding allegations of misconduct,
harassment, and abuse of detainees at the Krome Service Processing Center. Please be assured
that the Immigration and Naturalization Service (INS) takes all allegations of misconduct
seriously, including those that may involve malfeasance by U.S. Government employees and
agents. In the particular case of allegations at Krome, the a'legations were reported to the
Department of Justice, Office of the Inspector General. The investigation is ongoing.
The INS firmly believes that the best interests of the women detainees are being met by
the continued use of the Turner Guilford Knight Correction Center (TGK) in Miami. The first
priority of the INS was to house the women in a safe, secure and humane facility. The INS
sought the input of members of the community with whom the INS frequently interacts at
Krome. The Krome Stakeholders Group, a key focus group that the INS meets with regularly,
includes members of the advocate community, private bar attorneys, and representatives of local
and county governments. The INS entered into a partnership with this group and relied upon
their expertise for input regarding detention alternatives. A principle concern of the stakeholders
and others was the need for the INS to keep the female detainees in Miami as close to their
support networks as possible. The TGK facility fulfills this requirement, as it is located in
Miami, fifteen miles from downtown, within sight of the airport. The INS didrr�t ?
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,1
Thank you for the opportunity to comment on the Miami City Commission's resolution
and position statement regarding the conditions of detention of women in the Miami area. Upon
review we have identified statements in the report that are inaccurate and would like to correct
these statements for the record.
We appreciate the Commission's concerns fegarding allegations of misconduct,
harassment, and abuse of detainees at the Krome Service Processing Center. Please be assured
that the Immigration and Naturalization Service (INS) takes all allegations of misconduct
seriously, including those that may involve malfeasance by U.S. Government employees and
agents. In the particular case of allegations at Krome, the a'legations were reported to the
Department of Justice, Office of the Inspector General. The investigation is ongoing.
The INS firmly believes that the best interests of the women detainees are being met by
the continued use of the Turner Guilford Knight Correction Center (TGK) in Miami. The first
priority of the INS was to house the women in a safe, secure and humane facility. The INS
sought the input of members of the community with whom the INS frequently interacts at
Krome. The Krome Stakeholders Group, a key focus group that the INS meets with regularly,
includes members of the advocate community, private bar attorneys, and representatives of local
and county governments. The INS entered into a partnership with this group and relied upon
their expertise for input regarding detention alternatives. A principle concern of the stakeholders
and others was the need for the INS to keep the female detainees in Miami as close to their
support networks as possible. The TGK facility fulfills this requirement, as it is located in
Miami, fifteen miles from downtown, within sight of the airport. The INS didrr�t ?
I XRET 1?G CE
MAOR 0 12001
Roaalugon X0.
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Walter J. Foeman
Page 2
into a contract with TGK but rather INS was added as a user to an existing U.S. Marshal Service
Intergovernmental Agreement. Under the terms of this agreement, the cost of holding an
individual at TGK is $82.41 per day. The primary concern in selecting TGK was to provide
improved security for INS detainees. Although this cost represents an increase from the $35 per
day cost allocated in the FY 2001 budget for detention of women at Krome, the INS' first
priority is the security of individuals in its custody.
Protection and Services
In response to concerns raised in the position paper, INS detainees are not being held
with criminal offenders at TGK. The INS detainee population is kept separate from the general
jail population and enjoys as many liberties as possible in an institutional environment. At its
discretion, the INS may release an alien when it is determined that the alien will not pose a
danger to the safety of other persons or of property, and is likely to appear for any scheduled
proceeding. Generally, release determinations include clearly establishing the identity of the
alien and performing adequate medical screening. Many aliens arrive with fraudulent or no
documents and some are from countries where communicable diseases are prevalent. Therefore,
it may take several days to determine that an individual is eligible for release into the United
States.
Women detained by the INS at TGK are separated into two self-contained housing pods.
Each housing pod has its own dining facility, shower, recreation area, and visiting area. The INS
detainees are further separated into criminal and non -criminal groups. This prevents asylum
seekers from being mixed in with women who have criminal records. The TGK is a modern
facility built in 1989. It provides more privacy than at Krome, where women were housed in a
50 -person open pod. At TGK women are housed in single or double rooms that open onto a
large multi-purpose room.
A paramount concern of the INS in selecting a new facility for women detainees in the
Miami area was to ensure that the detainees have "all access to thc,ir attorneys, families, and
friends. To this end, the TGY, facility permits atto� ney access on a daily basis, 24 hours per day.
The only exceptions to attorney access are during head counts and emergency situations. There
are four telephones in each pod with preprogrammed or 800 numbers to pro bono organizations,
consulates, the United Nations High Commissioner for Refugees, and many other organizations.
Staff at the INS have checked and verified that the phone lines to the Office of Internal Audit are
working. In the past Bell South sometimes blocked collect calls to certain countries that did not
pay their bills. This problem has been resolved with calling cards. Translation services are
provided by AT&T translation services via telephone and are available 24 hours a day.
Detainees also have access to mail services. Postage stamps and envelopes are available for
purchase. In the case of indigent detainees, the TGK will provide stamps and envelopes upon
request. Detainees are also permitted to visit regularly with friends and family. The TGK
facility allows visits every other day. Contact visits are allowed once a month.
Walter J. Foeman
Page 3
The City Commission raises the concern that women have inadequate access to shower
facilities, leading women to report to legal proceedings and hearing in an unkempt manner. At
TGK, each pod is equipped with showers, and all women have daily access to these showers.
The INS detainees are also provided with uniforms and have access to personal hygiene
products. Each pod also contains a laundry facility with washers and dryers.
The position paper indicates that women do not have proper access to medical care and
prescription medications. Detainees are not allowed to miss medication. The detainees have
access to modern medical facilities around the clock. The TGK has an on-site medical clinic and
all emergency cases are referred to Jackson Memorial Hospital, which is located a few blocks
from TGK. In August the INS and TGK implemented changes in the scheduled times for blood
drawing and medicine distribution as recommended by the U.S. Public Health Service. The
U.S. Public Health Service conducted site visits of the TGK facility on June 28 and July 23. A
nurse delivers medication to the pods four times daily, at 8:00 a.m., 12:00 p.m., 4:00 p.m., and
8:00 p.m. If a detainee does not show up for her medication, the unit officer will locate her. The
INS will continue to monitor conditions at TGK in order to ensure that the facility continues to
provide health care that is on par with detention standards. In order to ensure this, a U.S. Public
Health Service officer (nurse practitioner) visits TGK weekly and meets with the medical staff.
The position paper indicates that there have been complaints about the quality of meals
served. While the TGK facilities cannot realistically please the disparate tastes of the detainees,
it does provide access to quality, well-balanced food. There is a licensed dietician on duty to
ensure that the women receive a diet that is nutritionally adequate. The women are served two
hot meals a day. The kitchen provides religious and holiday meals. The women may request
special diet meals after clearance from the medical staff. Snacks may be purchased at the
commissary; however, the three meals provided dispense the required caloric and nutritional
content.
One of the recommendations of the paper is that the women be allowed to practice their
religious beliefs. Religious s,,rvices are held ill tl, •. duyroom, and female detainees can request,
through a counselor, that representatives from their religious denomination visit them. The
chaplain service has representatives of 70 religious groups on call. To remain in compliance
with Miami Dade Corrections policy, TGK has prohibitions pertaining to certain clothing items
determined to pose a risk to safety and security. This policy does not prohibit ethnic or religious
head scarves.
With respect to strip searches, this is done to ensure the safety and health of all detainees
entering the institutional environment. This practice is consistent with Miami Dade corrections
policy. The Florida Jail Model Standard states that only female officers are allowed to search
female detainees. Detainees who are new arrivals or have left the facility to attend an
immigration hearing are strip searched by employees of TGK upon admittance to the pod. A
female officer conducts the strip search with another female officer in the area for safety and
security. A TGK manager, Lieutenant Alejandro, stated that he is unaware of any male officers
conducting body searches of women detainees at any time during his 18 years at the facility.
Walter J. Foeman
Page 4
Treatment of Detainees
Another recommendation of your position paper is to minimize the detention of asylum
seekers. Upon arrival at the Miami International Airport, INS inspectors provide asylum seekers
with the M-444, Information About Credible Fear Interview, in the individual's language, if
available, or otherwise have it translated to the individual in a language she is able to understand.
Inspectors provide a list of legal service providers, as required by 8 CFR 235.3(b)(4)(i), and
notify asylum seekers of their right to a consultant. Additionally, to decrease the amount of time
an individual may face in mandatory detention, Inspectors give asylum seekers more detailed
information about the credible fear process, including their right to waive the 48-hour waiting
period, and provide them with a blank waiver form. When detainees arrive at TGK they are
given an orientation handbook and a medical interview. Members of the Florida Immigrant
Advocacy Center (FIAC) are at TGK on Tuesdays and Thursdays at 10:00 a.m. to explain how
FIAC can be of assistance to them. Although credible fear cases are held to the same standard as
all other detainees in determining eligibility for release, the INS has worked to minimize the
amount of time these individuals spend in detention. The average length of stay at TGK of
detainees found to have a credible fear of persecution is from 6 to 8 days.
The City of Miami conveyed its concern that asylum seekers are not treated in a
respectful manner and recommends that guards attend sensitivity training. Sensitivity training is
a requirement of all correctional officers. Each officer is required to complete this training every
two years.
Your paper also suggested that multilingual guards be made available in order to help the
detainees feel less vulnerable. The INS checked with TGK and found that among officers on the
day shift there are four Spanish speakers and five Creole speakers. On the afternoon shift there
are two Spanish speakers and one Creole speaker. On the night shift there are five Spanish
speakers and one Creole speaker. The orientation book is in Spanish, Creole, and Chinese. This
exceeds the INS detention standard, which requires that the handbook be in English, and one
other language, which is most p-evaleii*.
The City of Miami indicates that women detainees are routinely abused by guards. The
INS will investigate all allegations but without specific information is unable to respond to
general comments. One of the position paper's recommendations is that the INS implement a set
of grievance procedures. The TGK facility does, in fact, have in place a detainee grievance
procedure that meets INS detention standards.
Policy
The position paper also highlighted concern about separation of family members in
detention. The INS has only one facility in the country for housing families. This facility, in
Berks County, Pennsylvania, has a capacity for 42 people and is used on a nationwide basis.
The INS uses this facility where possible, but the need is greater than its capacity.
6 J I e rl
W6t#a of 'fflia l
�GYgY OF,y9
WALTER J. FOEMAN F 3 CARLOS A. GIMENEZ
City Clerk * �����F INAT�
o',�o��q< City Manager
March 22, 2001
To: The United States Department of Immigration and Naturalization Service —
Kevin D. Rooney, Commissioner
Miami -Dade County Department of Corrections and Rehabilitations -
Lois Spears
John Ashcroft, Attorney General of the United States
Enclosed please find a copy of Resolution 01-209, which was passed and adopted by the City of
Miami Commission at its meeting on March 8, 2001. This legislation is being forwarded to you
for your information and files.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610