March 19, 2020
Matthew
T. Albence
Senior
Official Performing the Duties of the Director
U.S.
Immigration and Customs Enforcement
Henry
Lucero
Executive
Associate Director
U.S.
Immigration and Customs Enforcement
Enforcement and Removal
Operations
801 I Street NW
Washington, DC 20536
801 I Street NW
Washington, DC 20536
RE: Request for
Immediate Changes in Enforcement and Detention Practices in New Hampshire and
Nationally Based on COVID-19 Threat
Dear Mr. Albence and Lucero:
We write to you with an urgent request on behalf
of the NH Immigrant Rights Network and the NH Immigrant Solidarity Network, two
statewide coalitions of organizations and individuals working with and within
immigrant communities to improve lives and ensure just treatment. We are writing to you during a national crisis
and a time when our Governor has declared a state of emergency due to the
threat that COVID-19 poses to us all.
As you are both vitally aware, we are in the
midst of a worldwide pandemic that constitutes an existential threat to the
United States. Formed in the wake of our
last national tragedy, the Department of Homeland Security is a key agency obligated
to ensure the health and safety of the people within this country. We are now calling upon you, as so many
others across the nation have, to immediately implement expansive immigration
enforcement and detention policies that serve the health and safety interests
of the country and reduce the life-threatening public health risks that DHS’s current
immigration policies advance.
Enforcement Actions
We ask that all non-essential enforcement actions
such as CBP checkpoints and warrantless bus searches and ICE raids and sweeps
of neighborhoods, workplaces, places of public accommodation and other
locations cease forthwith. Actions such
as these, that are not aimed at specific targets, strike terror within
immigrant communities, not only for those individuals without lawful status but
also U.S. citizens and others who are lawfully present.
This fear serves to inhibit people from seeking
the state and local assistance they may need and to which they are
entitled. We are concerned that during
this national emergency, many in the immigrant community, especially those who
are undocumented or have a family member who is undocumented, will not seek
medical help even if they are experiencing symptoms of COVID-19. The obvious consequence is the unnecessary
and otherwise avoidable rapid spread of this highly contagious disease: an
outcome in direct opposition to DHS’ mission “to secure the nation from the
many threats we face.”
COVID-19 is the most significant threat this country is currently
facing. It is therefore imperative that you take all steps to mitigate the
extreme public health perils that non-essential immigration enforcement actions
pose to the public.
On March 18, 2020, ICE posted a notice indicating that it
would focus enforcement activity on those who pose “public safety risks” or are
“subject to mandatory detention based on criminal activity.” The notice states that ICE will not engage in
activities at or near medical facilities, a slight expansion of its “sensitive
locations” policy that only specified hospitals. In addition, ICE declares that it will “exercise discretion to delay enforcement actions until after
the crisis or utilize alternatives to detention, as appropriate.” While this policy makes some progress toward
our request, it is not sufficient and is neither definitive or expansive enough
to allay fears. Meanwhile, we were
unable to uncover any evidence that CBP is contemplating any curtailment of its
“wide-net” enforcement activities that foster such trepidation within immigrant
communities.
We therefore call upon both ICE and CBP to
swiftly initiate clear, unambiguous enforcement policies that are responsive to
the extreme public health danger we all face.
It is essential that both agencies broadly publicize these new policies
so that people are encouraged to seek medical help without fear.
Detention
New Hampshire has one facility that holds
immigrants in civil detention. Strafford County Department of Corrections has
a population of approximately 100 – 110 civil immigration detainees through a
contract with ICE. These are people who
have not been charged with any crimes and in other times would have been
released to the community to await civil immigration removal procedures.
It is well-documented that the close living
quarters and other poor environmental conditions at correctional facilities
place their inhabitants at higher risk of disease communication than the
general public. ICE detainees, along
with other inmates and correctional staff, are at increased danger from
COVID-19 than most members of the public.
It is also well-established that medical services within correction
institutions are compromised by many factors and are certainly even less ready
to handle pandemic conditions than civilian medical facilities.
DHS is obligated to safeguard the well-being of
those in its custody. By civilly
incarcerating immigrants who could be released into the community, DHS is
contributing to the dire health risks of COVID-19. Because of the virulence of this disease, these
dangers extend beyond the institutions to the community at large.
It is essential that DHS put the interests of the
public first and take all steps to mitigate the risks posed through unnecessary
detention. We ask that, in order to
reduce the spread of COVID-19 via civil detention facilities, ICE exercise its
discretion and implement emergency procedures to release detainees. To expedite the process, ICE should release
as many immigrant detainees as possible on their own recognizance and set bonds
that make it actually possible for a family to afford to post one. Using personal recognizance and low bonds is
particularly crucial in light of ICE’s
decision to keep open only bond offices that have bond windows (see ICE
Guidance on COVID-19 at https://www.ice.gov/covid19).
This is a time that calls for everyone to act in
the interest of the public good. We
expect our governmental institutions to act swiftly to protect the people in
times of danger. We are in those times
now and we call upon you and all of DHS to take every step to stop the spread
of COVID-19 through immediate implementation of our requests and to
additionally institute any other policies that will contribute to the
suppression of this pandemic.
Sincerely,
The Rev. David C. Grishaw-Jones
Pastor, The Community Church of Durham (UCC)
100 First Street # 308
Dover, NH 03820
Cc: New Hampshire Congressional Delegation
Senator Jeanne Shaheen
340 Central Avenue, #205
Dover, NH 03820
Senator Maggie Hassan
14 Manchester Square
Portsmouth, NH 03801
Congressman Chris Pappas
889 Elm Street
Manchester, NH 03101
Senator Jeanne Shaheen
340 Central Avenue, #205
Dover, NH 03820
Senator Maggie Hassan
14 Manchester Square
Portsmouth, NH 03801
Congressman Chris Pappas
889 Elm Street
Manchester, NH 03101
