#Not1More Deportation

Fate Unknown of Nearly 100 South Asian Asylum-seekers Suspected of Being Deported to Life Threatening Danger

Fate Unknown of Nearly 100 South Asian Asylum-seekers Suspected of Being Deported to Life Threatening Danger

Community Plans to Mourn in Jackson Heights as Police Already Visit Threats Upon Deportees’ Families with News of Return

Contact: B. Loewe, #Not1More, bloewe@mijente.net, 773.791.4668

April 4, 2016 – Late Sunday night, advocates at DRUM (Desis Rising Up and Moving) received a call from a detainee at Florence detention center reporting several busloads of South Asian men who had been transferred there en masse were being loaded on to buses in the middle of the night. By Monday afternoon, many of the asylum-seekers were listed as “no longer in custody” in the detainee tracker, a status associated with either being released or deported.

Read more

AFL-CIO: End Border Patrol’s Membership in the Federation

Demand that Labor Stand #UnitedAgainstHate

Sign for the Removal of the Border Patrol Union from the AFL-CIO

Click Here to See the Letter to the AFL-CIO

To: President Richard Trumka
You have strongly led for all working people regardless of documentation status.  You stood up to the Administration’s record deportations and stood with undocumented workers to demand an end to the unjust removals.Throughout your tenure, the Border Patrol union has countered the federation’s mission of achieving immigration reform and protecting the rights of all workers.  Instead it has protected abuse of power and sought to prevent justice in multiple cases of violence and wrong-doing.Now it has gone further by endorsing the racist and xenophobic campaign of Donald Trump which not only promises mass deportation but mass destruction of the broader labor movement and the values it’s built upon.The National Border Patrol Council’s presence in the house of labor has been tolerated for too long. Labor has turned a blind eye to its abuses one too many times. But now it has gone too far and its relationship with the federation must be ended immediately.

For the safety of our families, for the future of workers, please terminate NBPC’s membership immediately.

The legacy of abuse and unaccountability within Border Patrol has made its membership in the American Federal of Labor (AFL-CIO) an issue of contention. But the National Border Patrol Council (NBPC) statement endorsing Donald Trump for president on Wednesday, March 30th, marking NBPC’s first presidential endorsement, is a breaking point. Read more

Candidates Called On to Prevent Hunger Strikers Being #Deported2Death


March 29, 2016 – This morning two dozen people, including former immigrant detainees from DRUM – Desis Rising Up & Moving and their supporters, arrived outside Clinton Campaign Headquarters to demand that presidential candidate Clinton and others running for office speak out publicly to halt the imminent deportations of 159 Bangladeshi migrants who launched the #FreedomGiving hunger strike last year. Read more

DHS and State Department Prepare Mass Deportation of Hundreds of Muslims

After Years of Prolonged Detention and Abuse, Bangladeshi Detainees Would Return to Imminent Danger of Imprisonment, Disappearances, and Death

March 24, 2016 – New York, NY
Immigration authorities have begun transporting South Asian detainees to Florence, Arizona, as a staging ground for impending mass deportation. Many of the Muslim migrants from Bangladesh being transported were participants in the #Freedomgiving hunger strikes at the end of 2015 that roiled a dozen detention centers across the country and brought attention to the prolonged, unjustified, and discriminatory detention of Muslim and South Asian migrants. Read more

US: Transgender Women Abused in Immigration Detention

(Los Angeles, March 23, 2016) – Dozens of transgender women, including asylum seekers who have come to the United States seeking protection from abuse in their home countries, are locked up in jails or prison-like immigration detention centers across the country at any point in time, Human Rights Watch said in a report released today. Many have been subjected to sexual assault and ill-treatment in detention, while others are held in indefinite solitary confinement. [Read the full report here]

The 68-page report, “Do You See How Much I’m Suffering Here?’: Abuse against Transgender Women in US Immigration Detention,” documents 28 cases of transgender women who were held in US immigration detention between 2011 and 2015. More than half of the transgender women Human Rights Watch interviewed were held in men’s facilities at some point. Half also spent time in solitary confinement, in many cases allegedly for their protection. But solitary confinement is a form of abuse in and of itself, and many who had spent time there experienced trauma and profound psychological distress. Read more

Outbreak at Family Detention Preceded by Four Months of Unanswered Complaints

ICE’s Remedy: Self-Deportation

 *Leaked Documents Posted Below

Leesport, PA, March 18, 2016 –

After her first months in the Berks Detention Center that is currently operating without a license, Gladdis Carrasco’s daughter began exhibiting concerning symptoms of illness.  With complaints unanswered for three weeks, she filed a distraught grievance  on December 7th of 2015 explaining that for three weeks her four year old daughter had been sick and that the medical staff and site had done nothing to help her. She goes on to explain that she would like to be released so she could care for her daughter and that she had already been detained four months. The response she received from ICE was:

“Thank you! You may dissolve your case at any time

and return to your country.”

Read more

Immigrant Detention Center Inspections Concede Major Issues But Won’t Resolve Them


Contact: B. Loewe, 773.791.4668, bloewe@mijente.net


March 16, 2016

Stating that it was responding to issues raised by advocates, the DHS Office of the Inspector General announced it would be doing surprise inspections at immigrant detention centers and reporting its results to the Department, Congress, and the public.

Advocates say that announcing something as basic as unannounced inspections exposes the current lack of oversight in the system that detains an average of more than 30,000 people daily and cite the OIG’s own history of corruption as a cause for skepticism.

“DHS has shown time and again that it cannot police itself,” explains Marisa Franco, Director of the #Not1More campaign. “Detainees organizing hunger strikes and work stoppages inside have been alerting the nation to the five-alarm fire of abuse inside detention facilities and DHS is responding with a squirt gun.”

Citing the rampant abuse of transgender detainees, suspicious deaths at Eloy, and other facilities, medical neglect, retaliation against hunger strikers, and the continued insistence on detaining mothers and children despite being out of compliance with federal court orders, advocates say any report done well will outline a detention system that requires not just reform but a dismantling of the detention system that mirrors the efforts to reduce incarceration in the criminal justice system.

Inquiry on policy of use of prosecutorial discretion for individuals with a case history that fit a DHS priority category for remova

LadislaoPadillaBelow is a letter from the #Not1More team at Mijente asking the Department of Homeland Security policy people about their policies on stopping deportations and using discretion when it comes to people with some sort of criminal history. The letter uses the example of a Tennessee father, Mr. Padilla-Ochoa, who was charged with a DUI 8 years ago, and facing deportation. Find out more about his case and sign his petition here. 


March 09, 2016

Via Electronic Mail

Amanda Baran
Principal Director, Immigration Policy
US Department of Homeland Security

Carlos Guevara
Special Assistant, Immigration Policy
US Department of Homeland Security

Mary Giovangnoli
Deputy Assistant Secretary, Immigration Policy
US Department of Homeland Security

Re: Inquiry on policy of use of prosecutorial discretion for individuals with a case history that fit a DHS priority category for removal

Dear Ms. Baran, Mr. Guevara and Ms. Giovangnoli,

I am writing to you to make an inquiry regarding the use of prosecutorial discretion by immigration enforcement officials on cases of individuals that fit one of the priority categories for removal, as described in Secretary Johnson’s November 20, 2014 memoranda, Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (“Priorities Memorandum”). We are specifically interested in knowing:

  1. What training or guidance do deportation officers, assistant field directors, and directors, or others who have jurisdiction over case-by-case evaluation receive regarding how to weigh factors of cases with characteristics that fall within the priority categories?
  2. How is the DHS policy regarding case-by-case evaluation of DUI charges listed on the ICE website implemented by local ICE offices? 
  3. What oversight exists to make sure these policies are implemented by local ICE offices?
  4. What oversight exists to make sure these policies are implemented by ICE headquarters?

As described by the Priorities Memorandum, individuals who are convicted of a “significant misdemeanor” are considered part of the “Priority 2” enforcement category, which according to the memorandum includes convictions of driving under the influence. Although the document itself provides little guidance on how to weigh other factors, the “Frequently Asked Questions Relating to Executive Action on Immigration” published on the ICE website provides further guidance on the use of prosecutorial discretion in cases involving DUI, stating;

While individuals convicted of significant misdemeanors generally fall within Priority 2 of Secretary Johnson’s November 20, 2014 enforcement priorities, the Secretary’s guidance makes clear that, on a case-by-case basis, certain designated senior-level officials can determine that such an individual is not an enforcement priority when there are factors indicating that he or she is not a threat to national security, border security, or public safety. As with all criminal convictions, these factors could include the length of time since conviction, age at the time the offense was committed, sentence and/or fine imposed, whether the conviction has been expunged, and evidence of rehabilitation.

In the specific context of DUI offenses, such factors may also include the level of intoxication; whether the individual was operating a commercial vehicle; any additional convictions for alcohol or drug-related DUI offenses; circumstances surrounding the arrest, including presence of children in the vehicle, or harm to persons or property; mitigating factors for the offense at issue, such as the conviction being for a lesser-included DUI offense under state law, and other relevant factors demonstrating that the person is or is not a threat to public safety.

The document goes on to say that for Priority 2 “These aliens should be removed unless they qualify for asylum or another form of relief.”  Yet it has been our experience working with people in deportation proceedings with DUI charges that ICE has aggressively pursued deportations of individuals with these convictions, with little regard for mitigating circumstances when individuals fit one of the stated DHS priority categories.

The case that prompted this inquiry is that of Mr. Ladislao Padilla-Ochoa (A 076-301-279). As shown in the prosecutorial discretion request attached to this letter, shared with permission of the individual, Mr. Padilla-Ochoa is an immigrant in immigration detention currently requesting use of prosecutorial discretion in his deportation case. The New Orleans ICE office has denied a stay of removal, specifically citing that Mr. Padilla-Ochoa is a Priority 2(b) individual due to a “significant misdemeanor conviction.” The conviction is for DUI on November 17, 2008, after which he was placed in deportation proceedings.

The following are factors that Mr. Padilla-Ochoa asked the New Orleans ICE office to consider in evaluating his request for prosecutorial discretion:

  • Mr. Padilla-Ochoa’s DUI conviction is from November 2008 — almost 8 years ago. At the time of the arrest there were no children present in the vehicle, there was no harm to any individual or property. This his only arrest of any kind.
  • Mr. Padilla-Ochoa completed probation successfully and acknowledges that it was a mistake and has made efforts to recover. This includes completion of  the Alcohol and Drug Safety Course by a facility licensed by the State of Tennessee Department of Health, “designed for education, information and awareness in preventing the misuse of alcohol and other drugs in driving and for developing individual responsibility” in December of 2008.
  • Mr. Padilla-Ochoa has stopped drinking since his arrest. Everything from his record shows that he has fully rehabilitated since this incident and is a respected member of his community, that he has recovered, and that he is not a public safety threat.
  • Mr. Padilla-Ochoa has a pending I-130 petition awaiting adjudication by USCIS. The petition was filed by Ms. Jenner Padilla-Ortiz, Mr. Padilla-Ochoa’s son who is a United States citizen on July 21, 2014. According to the case status update on the USCIS website, the local USCIS Memphis Field Office received the case on December 31, 2014. If the form is approved, Mr. Padilla-Ochoa would be able to adjust his status. His attorney requested an expedited adjudication from the office on February 29, 2016.
  • Mr. Padilla-Ochoa has 3 US citizen children and one who is Deferred Action for Childhood Arrivals recipient, showed that he has deep connections to his home and is invested in his children’s education, and that he has support from his church and other community organizations.

On March 9th, 2016 the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) filed a second Stay of Removal application for Mr. Padilla-Ochoa in Nashville, Tennessee. In addition to the information requested, we urge that your office ensure the policy is appropriately implemented and the case is appropriately reviewed.

Although the denial of prosecutorial discretion by the New Orleans ICE office in the case of Mr. Padilla-Ochoa is what prompted this inquiry, there are numerous examples of how ICE offices throughout the country have inconsistently treated individuals with DUI charges and other “significant misdemeanors,” particularly when it comes to the consideration of prosecutorial discretion. Attached is a DHS third party privacy waver authorizing disclosure to a third party signed by Mr. Padilla-Ochoa, in case it is needed.

Given that ICE is aggressively pursuing people with these charges, with tactics that include mass field operations, or immigration raids, the answer to these questions is of great importance and urgency to immigrant communities, particularly those who are targets of enforcement. For these reasons, we thank you in advance for providing this information.

For a response to this e-mail or if you need to reach us, please feel free to e-mail us at tania@mijente.net and jacinta@mijente.net.


Tania Unzueta
Policy and Legal Director

Jacinta Gonzalez
Field Director


Dem Candidates Agree, Obama Wrong on Deportation

But will they reconcile their immigration and mass incarceration messages?

Last night’s democratic debate hosted by the Washington Post and Univision was significant for multiple reasons. It was the first time in history presidential candidates received a question at a debate in Spanish. It centered the country’s growing Latino electorate. And after being a quickly passing talking point, if addressed at all in previous debates, the candidates addressed the issue of immigration directly. While Clinton called for an end to raids and said she would not deport children​, Sanders named President Obama as ‘wrong on deportation.’   Read more

Public Schools Have Enemies and They are Not Immigrant Students

Remarks given by President of the Durham Association of Educators, Bryan Proffitt, during a press conference calling for the release of Wildin Acosta, a young immigrant facing deportation. For more information on how to support contact Alerta Migratoria NC.


WildinAcostaMy name is Bryan Proffitt, and I’m an 11-year veteran high school history teacher, currently serving as the President of the Durham Association of Educators, a local affiliate of the National Education Association. As the classroom teacher on this phone call, it is impossible for me to relate to this issue abstractly. When I heard about ICE’s kidnapping of Wildin Acosta, I thought about Heidi, who stayed after school to teach me Spanish. I thought about Helen who came into my classroom, quiet and timid with almost no working English vocabulary, and consistently completed every task I gave her in two languages. I thought about Ana, one of the most gifted students I ever taught, whose undocumented status prevented her from access to the state’s public university system. I thought about the inevitable terror that 11 years worth of my students would be experiencing when they heard the news, and it broke my heart and compelled me to see how our union could respond at local, statewide, and national levels.

Public schools have real enemies. They are privatizers and corporate reformers. They are not immigrant students. We are fighting for the very existence of public schools in this country. Every day, heroic educators practice our craft in overcrowded and under resourced classrooms full of students that we love. Every day, we work long hours to support our students’ dreams and futures despite the constant efforts of privatizers to shame our schools and blame educators for the problems this country faces. And every day, we sacrifice our extra hours and our own resources to ensure that our students have what they need to have happy, stable, and healthy futures. Immigrant students are not the cause of our problems. Heidi, Helen, and Ana are not threats to our schools. Neither is Wildin. Like all of our students, they bring us joy and challenge and infinite reward. We refuse to stand by and allow them to be painted as the enemies of our communities and our schools. They are our kids, and we love them and feel responsible for them.

We also feel responsible for ensuring that our students leave our schools learning the right lessons. These raids teach our kids the wrong things. Young people are naturally open-hearted, accepting, and curious. Those traits bring us joy and hope every single day. My favorite part of my new job is spending time in elementary schools where I watch young people work together and build friendships across social barriers of race and nationality and class in ways that very few adults practice in this country. Educators work to nurture and facilitate the growth of these characteristics, because they represent the best possibilities for humanity and the future of our communities. When immigrant students, or Black students, or gay students, or students with disabilities face public policies and practices and messages that label them and their families as problems or threats, they struggle to maintain a positive self-esteem and their mental and physical health suffers. They struggle to reach their fullest potential. I’ve watched it happen again and again, and I have to ask the question—what lessons are they learning about themselves? When other students hear that their classmates represent an “internal threat to the security of the United States,” they become fearful and close themselves off, creating tension in our classrooms. What lessons are they learning about each other? We are speaking out against the labelling of immigrant students as dangers in our communities because it damages the self-esteem of some of our students and teaches others that it is okay to mistrust and mistreat one another. We teach our students to love themselves and support one another in our classrooms, and we reject policies and practices that undermine our role as educators.

And finally, we are speaking out against the kidnapping and detention of our students because it prevents us from doing our jobs. We cannot teach kids who are sitting in jail cells. We cannot teach kids who are traumatized by the disappearance of their friends on the way to school. And we cannot teach kids who live in constant fear that their families will be split up and put in harm’s way. ICE’s detention of Wildin’s has sent a chill through our classrooms. Students aren’t showing up for class. Students can’t focus through the trauma and fear that they are experiencing. And families are hesitating to even register their kids for school because they fear that the school system might share their information with La Migra. This has to end.

For 11 years, I was expected to call home any time a student of mine missed a significant amount of class. It was my job to let my students know that I cared, find out what the barriers to their success were, and help them and their families navigate them. Wildin Acosta and the other detained students have missed too much class, and we, as their teachers, are calling ICE to end their detention and let them come back to us and their classrooms, where they belong.

Thank you.