NOTES
chapter, especially Mohamed Aly and
Many people in Binghamton contributed to this
challenging queries and suggestions by
Rozann Greco. appreciate the thoughtful and
Weldon Johnson Institute, which hosted
the editors. 1 would also like to thank the James
me during the writing of this piece.
People and the Census; Wagner, “Phantoin
1. See AIlard and Muller, Incarcerated
Clause’
Constituents in the Census”; Marantz, “The Five-Fifths
142.
Obvious’
the
“Restating
Gilmore,
and
2. Gilmore
of Dr. Erik Camayd-Freixas.”
3. See Camayd-Freixas, “Statement
Economy of 1mmigration.’
4. See Barry, “The New Political
reading of this tendency in a puhlic Iecture at
5. Fran Ansley provided a critical
Emory University in March 2009.
Force.”
6. See Bhattacharjee, “Private Fists and Public
“A Prison Is Not a Home
Notesfrom the Campaign to End
Immigrant Family Detention
BOB LIBAL, LAUREN MARTIN, AND NICOLE PORTER
While mainstream American history understands the internment of Japanese
families during World War II as a lapse, a paranoid moment pardoned by the
anxieties ofwar, the war on terror has exhumed and institutionalized these prac
tices to round up a new group of supposed enemies: immigrant and asylum
seeking families. Beginning in March 2001, the Immigration and Naturalization
Service (INs) began to hold families in a former nursing home in Berks County,
Pennsylvania. In 2006, Immigration and Customs Enforcement (IcE), part of
the Department of Homeland Security (DHs), expanded family detention to
the T. Don Hutto Correction Center in Taylor, Texas. Hutto was opened as part
of the Secure Border Initiative, which combined new immigration enforcement
policies with unprecedented leveis of funding, surveillance technology, fencing,
and staifi Representative of the massive expansion of detention through SBI,
Hutto multiplied ic’s family detention capacity sevenfold, from Berks County’s
84 beds to 592. Family detention only became institutionally necessary, how
ever, because SBI also expanded the expedited removal program from its focus
on Mexican citizens to include “other than Mexicans.” Immigration officers
retain exclusive authority to place noncitizens in expedited removal, putting
them in detention and deeming them deportable with no immigration court
review. Calling it a shift from “catch and release” to “catch and return,” DHS’S
Secure Border Initiative is based on a presumption of detention and deporta
tion, with Iittle regard for the claims to asylum and immigration relief migrants
BIBLIOGRAPHY
and the Census. New York:
Allard, Patricia, and Chris Muller. Incarcerated People
Brennan Center Publications, 2005.
Dollars and Sense,
Barry; Tom. “The New Political Economy of Immigration’
January—February 2009.
Race, Gender, and
Bhattacharjee, Anannya. “Private Fists and Public Force:
and Criminalization,
Surveillance’ In Policing the National Body: Race, Gender
Mass.: South
Camhridge.
Bhattacharjee and Jael Silliman, ‘—54.
edited by Anannya
End, 2002.
xas, Federally Certified
Camayd-Freixas, Erik. “Statement of Dr. Erik Camayd-Frei
District oflowa Regarding
Interpreter at the U.S. District Court for the Northern
7 Undocumented
9
of2
a Hearing on ‘The Arrest, Prosecution, and Conviction
before the Subcommittee
Workers in Postville, Iowa, from May 12 22, 2008:
Securing and International Law:’
on Immigration, Citizenship, Refugees, Border
http://judiciaryhouse.gov/heariflg5/Pdf/CamaYdFrxas080724.P
“Restating the Ohvious’ In Indefensible
Gilmore, Ruth Wilson, and Craig Gilmore.
edited hy Michael Sorkin.
Space: The Architecture of the National Insecurity State,
New York: Routledge, 2007.
Count, and Use, Our Prisoners’
Marantz, Andrew. “The Five-Fifths Clause: How We
Siate, November 6, 2006.
Siate (November 6, zoo6). http://www.sIate.com/id/2152994.’
Census’ New York Times, September 26,
Wagner, Peter. “Phantom Constituents in the
2005.
mayhave.
Immigration law grants ICE the authority to change immigration enforce
ment procedures and practices, including who is detained where and for
253
.O1I.
254
•
‘k Prison 15 Not a Home”
LIBAL, MARTIN, AND PORTER
Central
how long. The majority of Hutto’s detainees are asylum seekers from
been
America, Africa, Eastern Europe, and Iraq people who would not have
de
mandatory
and
removal
detained without the SBI’S expansion of expedited
ICE
detained,
tention. Working from the assumption that everyone must be
prior to
opened Hutto to reconcile two problems of its own creation. First,
detention infrastructure
SBI, families were exempted from detention (since the
and ICE argued
children),
for
consisted entirely of correctional facilities unfit
to TCE,
According
that this “loophole” encouraged smugglers to “rent” children.
he
smugglers assumed that if they were apprehended with children, they could
practice
released under the pretense of being a family.’ No examples of such a
provided
been
have
law,
criminal
which would have been prosecutable under
to date.
and detain
ICE’s initial solution was to separate parents from their children
unnec
them separately, which created the second probiem: public outrage over
are
who
“Children
ICE,
told
essary family separation. Congress, for example,
‘un
fact
not
in
apprehended by DHS while in the company of their parents are
accompanied’; and iftheir welfare is not at issue. the [House Appropriations]
such
Committee expects DHS to release families or use alternatives to detention
When
possible.
whenever
as the Intensive Supervis{ion] Appearance Program
ap
detention of family units is necessary, the Committee directs DHS to use
com
2 Unfortunately, these
propriate detention space to house them together”
and do not carry the force of Iaw
bill
ments were part of an appropriations
“appropriate”
ascribed to enacted legislation. ICE ignored Congress’s call for
detention space and alternatives, a failure that has since haunted the agency.
not supply enough federal detainees to make Hutto profitable. CCA planned
to close the prison, and was saved only by a late night agreement with the U.S.
Marshals to house adult male immigrant detainees. In 2006 this contract was
amended to include a new group of inmates: families.
Despite Hutto’s shift from a prison to an immigration detention center to a
1
.
«1mi1y residential facility:’ CCA’s contracts stipulated no changes in the facil
ity’s operating procedures. To CCA, one group of prisoners is like any other:
they bring payments for bed space. Thus, a failing private prison corporation
was saved by the expansion of migrant detention, which filled its half-empty
prisons and provoked a building frenzy across rural West Texas to capitalize
on the “expanding market” for immigrant detention. Thus, the for-profit prison
model served as the basis for speculation on increased immigration enforce
ment, a strategy investors evidently approved as CCA stock prices rose after
2003. By the fali of 2006, Hutto had come to represent the worst of a disturb
ing trend throughout Texas: the speculation on and rapid construction of pri
vately owned detention centers in remote locations, with little governmental
oersight
THE CAMPAIGN TO CLOSE HUTTO:
MAKING DETENTION VISIBLE
FROM PRISON TO “FAMILY RESIDENTIAL FACIUTY”
since its
The T. Don Hutto Family Residential Facility (as it has been known
prison built
external sign was changed in 2006) is a former medium-security
Once
America.
of
Corporation
Corrections
for male prisoners in 1997 by the
and
railyard
largest
the
the largest town in Williamson County and home to
grain
and
cotton gins in Central Texas, Taylor was a vital hub of the cotton
economy in the state. The automation of the railroads and the mechanizatiofl
deregulation
of agriculture reduced the need for manual labor in Taylor. The
of family
consolidation
the
of agricultural markets led to falling prices and
long re
a
into
farms into massive factory farms, which sent towns like Taylor
cession in the 197os, 198os, and 199os. Despite the rapid growth ofWilhiamson
away
County’s technology sector, these investments were focused thirty miles
million
bring
to
s
prison
in Austin’s suburbs. Taylor’s officials expected the
255
to the local economy (though they neglected to explain how) and a significant
increase in taxes paid to the Taylor Independent School District. Hutto opened
ini995 with contracts to house prisoners from Oregon and Texas, and eventu
ally became a federal pretrial detention center. By 2003, CCA’s contracts did
—
.
•
F
Hutto reopened as a family detention center rather quietly in May 2006, adver
tised by a single ICE press release. Alarmed by the drastic increase in detention
throughout Texas, organizers against for-profit incarceration and immigrant
nghts advocates began meetlng to discuss the issue in September 2006
iNs Detention Working Group mcluded the ACLU of Texas; the Texas Civil
Rights Project; Grassroots Leadership; the Texas Criminal Justice Coalition;
and University of Texas professor Michele Deitch and faculty and staff of the
University of Texas Immigration Law Clinic.
J
Seeking to highlight the complex issues ofprison privatization, raids, deten
tion and abuses of executive power the group decided to focus on Hutto and
faniily detention policy. While the geographic proximity of Taylor to Austin
played a major role in the decision to focus on Hutto, so too did the sympathetic
population targeted by family detention policy. Many organizers viewed Hutto
and family detention as an entry point into the larger, and admittedly more
256
•
‘t Prison Is Not a Home”
LIBAL, MARTIN, AND PORTER
ORGAMZING AGANST FAMILY DETENTION: A FOUR-TIERED STRATEGY
Utilizing the diverse skills of its members, the Detention Working Group,
which later became known as Texans United for Families (TUFF), developed
a four-tiered campaign strategy: litigation, grassroots organizing, media advo
cacy, and legislative advocacy.
Litigation
As local organizers protested outside Hutto, attorneys were shocked by what
they found inside. Detained mothers reported appalling conditions to their
attorneys:
My daughters and 1 share a small cell. We ali have to use the toilet in front
of each other and right next to our beds. [My daughtersl are forced to wear
They wear the same clothes ali day, including to sleep and to
prison clothes.
4
recreation.
They wake us at 5:45 or 5:30 a.m. And at 6 a.m. we have to have finished bath
ing ourselves. After that we have to eat in ao minutes, then return to the pod to
do nothing. they don’t allow us to sleep, only to sit and wait for the hours, days,
5
months to pass.
.
.
We have lost our religion in here. Our religion requires that we pray at certain
times of the day, but we have to go to rec[reation] or chow at each of those times.
The guards rush my children through meals. When Bahja was having problems
with another giri at rec time, the guards and our social worker toid me that they
6
would take my children away from me if 1 could not control them.
At Hutto it is difficult for me to take care of Sherona the way a mother should. The
7
family here is destroyed. We live in a prison. It is a prison. There is no freedom.
257
When you’re in Hutto, you feel like [you’re in] prison, you are a criminal, that
you did something bad, that people are after you, they put you in these ciothes.
These guards they treat you like you are in prison.K
compiicated, issues of detention and deportation. Others were angered by the
incarceration of innocent children. However, the group worried that focusing
on children’s innocence impiied that the other thirty-three thousand detained
adults were criminals, a strategy that might have silericed deeper questions
about criminalization, racism, and militarization. While closing Hutto was the
working group’s centrai campaign, organizers developed a broader message
that identified problems that piague the immigration detention system gener
ally: the rights of asylum seekers, the lack of enforceable standards and inde
pendent oversight, long and indefinite detention periods, and ic’s continued
3
refusal to use nonpenal alternatives to detention.
.
•
j
fr
Conditions at 1-lutto violated nearly every right granted to children in ICE
custody by Fiores v. Reno, a 1997 settlement that stipulated immigration pro
cedures and conditions of custody for ail minors in INS (now ICE) custody.
Family detention did not enter into the imaginations of either the federal
government or children’s advocates at that time, indicating the twenty-first
century novelty of detaining families in the United States. As attorneys learned
more, they found that CCA had not altered its operating procedures when it
transitioned to a “family residential facility:’ The same tactics of intimidation
and surveillance familiar to critics of the prison-industrial compiex were daily
practices at Hutto. Automatic doors and iaser-monitored doorways prevented
fmilies from moving freely around the faciity and piaced small children in
danger. CCA’s use of prison-style headcount procedures required families to
remain in their ceiis during counts, which confined them to their rooms for
eleven to twelve hours a day.
In February 2007, Michelle Bran of the international human rights orga
nization Womens Refugee Commission published a detailed report on family
detention at Hutto and Berks, which drew international media attention.
9 In
March, the ACLU, the University of Texas Immigration Law Ciinic, and a pri
vate law firm sued the Department of Homeland Security for the release of
twenty-six children detained in Hutto. Arguing that the conditions at Hutto
caused irreparable harm to detained chiidren and that the Fiores settlement
stated that both release and family unity should be ICE policy, the attorneys
sought to ciose Hutto by showing that it was grossly out of compiiance with
existing law.
Unfortunately, the judge refused to interfere with ICE’s ability to detain the
plaintiffs’ parents, and the parties settled for improvements to conditions. The
stipulations of the settlement reveaied massive compiiance failures, ranging
from inadequate education, medical care, and nutrition, to dangerous liv
ing quarters for toddlers and infants, to lack of attorney-client confidentiai
ity While the settiement required the creation of family residential standards,
which ICE published in January 2008, these were non-binding guidance docu
rnents that did not guarantee compiiance with Fiores; in any case, the settle
ment expired in August 2009. Ultimately, ICE’S discretionary power to detain
noncitizens, an authority granted by Congress and affirmed in numerous court
decisions, came into conflict with existing iaws for children, and the compro
mise was continued detention, aibeit under improved conditions.
258
•
LIBAL, MARTIN, AND PORTER
‘YtPrisonlsNotaHome”
Grassroots Organizing
Tucked away from large population centers or in warehouse districts, detention
centers often are invisible both to the communities affected by immigration
enforcement and to the wider American public. Organizers have often accused
ICII ofpurposefully contracting with centers in remote locations to avoid scru
tiny. And during the Hutto lawsuit, an anonymously leaked ICE memo stated
that Hutto was not an ideal location for immigrant family detention precisely
because of its close proximity to “immigrant legal services” and “Austin’s em
powered immigrant rights community.”°
Seeking to highlight the presence of detention centers in Central Texas, the
Detention Working Group organized a vigil outside Hutto in December 2o06.
The event captured the attention of activists around the state, and “border am
bassador” Jay Johnson-Castro led a three-day walk from the Texas capital to
Taylor. The vigil brought out nearly a hundred protesters. The resulting me
11
dia coverage proved that family detention captured public attention, and there
were near-monthly vigiis for the next year and a half. A coalition of existing
groups converged around the issue, forming the Austin-based Texans United
for Families, which shared the grassroots organizing efforts with the Texas
Indigenous Council (from San Antonio), Free the Children, the League of
United Latin American Citizens, and a growing group of Williamson County
residents calling themselves the WillCo Family Justice Alliance.
When ICE requested proposais for three new family detention centers in
June 2008, activists with Grassroots Leadership, TUFF, and other organizations
recognized the need to broaden the campaign’s focus from Hutto to the na
tionwide policy of family detention. This led Grassroots Leadership to start a
national campaign against family detention in early 2009. Beginning with «100
Events in 100 Days’ Grassroots Leadership and TUFF collected fifty-five thou
sand petition signatures, organized toy and book drives, screened documenta
ries, performed radio interviews, and reached out to faith-based organizations.
Grassroots efforts continue to focus on pressuring Congress and Homeland
Security secretary Janet Napolitano to mandate the use of noncarceral options
for families, a policy change that does not require major legislation and would
have wide support from pro-immigrant and pro-family groups alike.
Media Advocacy
While media coverage was initially limited to stories in the Iocal and alternative
press (such as the Austin American-StateSmafl, Taylor Daily Press, Democracy
Now!, and CounterPunch), the ongoing vigiis at Hutto, a grassroots media cam
[
[
:J
1
259
paign, litigation, and authoritative reports brought the issue to a broade
r media
audience. Democracy Now! was one of the first national media outlets to
cover
Hutto with its story about a nine-year-old detained Canadian in Februa
ry
oo In the subsequent
2
.
7
eighteen months, the story of family detention was
covered on National Public Radio and in the Los Angeles Times, the New York
Times, and the New Yorker. The lawsuit created regular opportunities for
legal
and academic experts to describe the indignities of family detention
to a wide
audience. These reports offered critical authoritative support to the passion
ate
arguments of advocates and activists, whose continuing vigiis created a
social
change narrative utilized by many media sources. Each brought attentio
n to the
other, a synergy that worked to keep family detention in the national spotlig
ht
for months.
The grassroots media strategy has utiized email lists, print, web media
(in
clucling La Nueva Raza and the Texas Civil Rights Review), and fiim.
The T.
Don Hutto blog proved vital to publicizing vigils, providing photos and
videos
of events, and consolidating information for journalists covering family
de
tention. In 2007, filmmakers Matt Gossage and Lily Keber produced
Hutto:
America’s Family Prison. Running seventeen minutes, the fihn has been
highly
effective in two senses. First, it raises an immediate
awareness about family
detention; and second, it usually provokes a wider discussion ofmigrant deten
ilon, prison privatization, and their interconnections. To facilitate Grassr
oots
Leaderships national campaign, TUFF developed a DVD toolkit that included
the fiim and Hutto-related videos, documents, and pictures. The toolkit
was
distributed at conferences and to allies across the country. During the spring
of 2009, Austin’s South by Southwest fiim festival screened the world premie
re
of Tie Least of These, a feature-length documentary about the ACLU’S lawsui
t
against ICE. Shown at international fiim festivais and most import
ant to
an audience of congresspeople in Washington, D.C., The Least of These
drew
attention to the August 2009 expiration of the lawsuit settlement and raised
awareness at a national level.
Since the Hutto lawsuit settled in August 2007, ICE has been more
ag
gressive in its public response to crjticism, inviting the League
of United
Latin American Citizens and some media representatives on
tours of
Hutto. In 2008, ICE began to insist that changes occurred before the
law
suit was settled and that because of this, the settlement was redund
ant
and unneCessary. In response, our message shifted to emphasize
a few key
points:
—
-1
•
1.
—
Hutto was stiil a restrictive faciIity Both Flores v. Reno and Congress
mandate that children be held in the least restrictive ttna
260
•
sible. In the federal magistrate’s final report on ic’s compliance with
the Hutto settlement, the judge questioned the suitability of a former
prison as a family facility and noted that, even with drastically
improved conditions, Hutto never fully complied with Fiores or the
settlement itself.
2.
‘APrisonlsNotaHome”
LIBAL, MARTIN, AND PORTER
Alternatives to incarceration exist. The Vera Institute pioted a
supervision program in which 93 percent of immigrants in proceed
ings appeared for their court dates. The prograni combined legal,
employment, housing» and social support, demonstrating that high
rates of court appearance can he achieved without detention, at a
much Iower cost, and without sacrificing the rights of noncitizens to
due process.
3. There is no clear regulatory framework for family detention. The
Hutto settlement expired jo August 2009, leaving only the Family
Residential Standards as guidance documents for ICE oversight.
Since they are based on aduit corrections and detention standards,
the Family Residential Standards ensure neither “home-like” facili
ties nor compliance with Fiores, which remains the overarching legal
framework for ICE custody of children.
Facilitated largely by TUFF, these arguments have been publicized through let
ters to the editor and op-eds, a national sign-on letter, a petition, statements
from faith communities, press conferences, and radio appearances, ali ofwhich
have been posted at the T Don Hutto blog.
Advocates based in both Texas and Washington, D.C., have remained in fre
quent contact since ioo6, but have not planned a Iong-term legislative strategy
outside ofexisting immigration reform discussions. This was a major limitation
of the campaign, but is being addressed through Grassroots Leadership’s na
tional campaign, which seeks to raise the profile offamily detention in national
policymaking discussions. During the 2008 Texas Democratic presidential pri
mary, more than twenty-five precincts across five counties passed resolutions
calling for non-penal alternatives to Hutto. Submitted by members of TUFF
and other organizers living jo these districts, this strategy was an effort to join
grassroots activism and electoral politics. While the resolution was not rati
fied at the state Democratic convention and was not passed on to the national
261
Democratic convention, the resolutions raised political awareness of detention
across Texas.
In response to TUFF members’ ongoing advocacy, Texas state representative
Rafael Anchia filed a resolution in the Texas House of Representatives call
ing for the use of noncarceral alternatives in place of Hutto. By the end of the
legislative session in 2009, thirteen state representatives supported the resolu
tion. Due to ao agreement to table ali immigration-related bills and resolu
tions, HCR95 did not receive a hearing, but it did serve as ao organizing tool
for anti-Hutto activists at the state capital. Finally, as Barack Obama’s admin
istration has taken office, national-level immigrant rights advocates have now
placed detention reform, including family detention, at the center of Homeland
Security policy and immigration reform discussions.
CONCLUSION
While family detention is a relatively new policy, the biggest obstacle to or
ganizing public support has been the question: What’s the alternative? In the
political climate of enforcement-Ied immigration policy, the fact that families
have never before been detamed in such numbers has failed to be a convincing
argument for ending the practice. The American public has become incapable,
it seems, of understanding immigration outside of a crime-and-punishment
framework.
Origmally, TUFF materiais included information on ICE’S Intensive
Supervision Appearance Program as a desired alternative to family detention.
Based on the Texas advocates’ Iack of experience with ISAP no such program
has been implemented in the state this decision took a cue from DHS ma
teriais and from other immigrant rights advocates. In working with organiz
ers with direct experience of ISAP, such as the New York—based Families for
Freedom, however, these alternatives have proven more restrictive than their
early advocates in the immigrant rights community expected. The programs
use ankle bracelets, random visits from ICE, and curfews to restrict the mobiity
of migrants. Ankle bracelets require two hours to charge each day, are cumber
some and often painful to wear, and stigmatize the migrant since many people
assume that the wearer is on parole for criminal activity. In addition to their
frequent interruptions of daily life, “alternatives to detention” work more like
new forms of detention than true alternatives. Furthermore, these programs
have been used more often to surveil people who would otherwise be ineligible
for detention. Rather thao operating as ao alternative to detention, they operate
iii addition to detention and allow ICE to surveil more people than ever before.
—
—
Legislative Advocacy
•
262
•
‘4 Prison Is Not a Home”
LIBAL, MARTIN, AND PORTER
The emergence of these mixed reports has forced us to remove the references
to ISAP and replace them with calls for nonrestrictive, noncarceral, and non
penal alternatives to detention, though we have refrained from naming specific
programs.
Texas remains home to the majority of U.S. for-profit immigrant deten
tion centers, an outgrowth of twenty years of prison privatization in the state.
Repurposing failing prisons like Hutto and speculating on the rise in detention
demand from programs like Operation Streamline and Secure Communities,
migrant detention has been a boon to the private prison industry. Fortunately,
the movement to close Hutto and to fight private detention corporations has
spawned protests at other detention centers across the state. Before Hutto
opened, these protests were small and sporadic. Today, they are better con
nected, more visible, and have a more cohesive criticism ofenforcement, priva
tization, and the impact of detention on human rights. Groups such as the
Inter-American Commission on Human Rights, the United Nations, Amnesty
International, the ACLU, Human Rights First, and others have visited detention
centers in Texas, including but not limited to Hutto, making the issue ofdeten
tion more prominent in immigrant rights and human rights circles.
As mentioned above, focusing on family detention has also focused on the
noncriminality of children, on the unfair punishment of children for their par
ents’ actions. These arguments worked to bring new people into the movement
to close Hutto, but do not always translate into broader arguments against the
detention of adults. The detention of children, in particular, has captured the
public imagination in ways that a decade of mandatory immigration deten
tion did not. It has become clear that focusing on family detention is a power
ful strategy for publicizing both migrant detention and family separation in
general. The strategy carries Iong-term risks for the broader anti-detention
and anti-prison movements, however. On the one hand, arguing that children
should not be detained because they are not criminals can imply, first, that
detention and imprisonment are legitimate punishments for crimes, and, sec
ond, that adults are criminals. But on the other hand, arguing that children
have the right to family unity and a stable childhood provides a powerful case
against the deportation of undocumented parents. As more and more children
find themselves in “mixed-status” households, with parents and other relatives
facing deportation, the trauma of detention and deportation is in danger of
becoming an epidemic. Family unity remains, however, ICE’s core justification
for detaining families. Advocating on the basis of collective rights for families
has allowed us to demonstrate the inconsistencies in immigration enforcement
and to build stronger linkages to other grassroots organizing efforts. As the
•
263
country continues to await immigration reform, rolling back ICE’S enforce
ment system rests on the power of coalition building, creative organizing, and
critical resistance.
EPILOGUE
On August 6, 2009, Immigration and Customs Enforcement announced that
the T. Don Hutto Family Residential Facility would no longer house families.
As the New York Times wrote, “Hutto, a 512-bed center run for profit by the
Corrections Corporation of America under a $2.8 million-a-month federal
contract, was presented as a centerpiece of the Bush administration’s tough
approach to immigration enforcement when it opened fl 2006. The decision
to stop sending families there and to set aside plans for three new family
detenfion centers is the Obama administration’s clearest departure from its
predecessor’s immigration enforcement policies.” In essence, the government
admitted what activists had been saying for years: Hutto was wholly inappro
priate for detaining families. Over the following weeks, media outlets, includ
ing the Washington Post and the Economjst, covered the policy changes at “the
infamous” T. Don Hutto.
Clearly something had changed. In the months leading up the announce
ment, we had gained momentum in ali four areas of our strategy In the “First
100 Days Campaign” we argued that closing Hutto and ending family detention
was an easy way for the Obama administration to diiferentiate itself from the
Bush administration. The Least of These highlighted the impact of the lawsuit
on conditions at Hutto and drew attention to the impending expiration of the
settlement. The federal court’s final inspection report stated that, even though
“use of [HuttoJ as a family detention center may not violate the Settlement
Agreement [thatj does not mean that doing so is good public policy... it
seems fundamentally wrong to house children and their non-criminal par
ents this way. We can do better” (In re Hutto Family Detention Center, “Report
to Parties of Final Periodic Review of Facility:’ case no. A-07-CA-164-ss). In
Williamson Count-y residents pressed the County Commissioners’ Court to
end ks contract with CCA, and met with significantly less resistance than in
the past.
Immigration detention as a whole continues to be under attack from im
migrant rights advocates, and the Obama administration’s appointed special
investigator, Dora Schriro, has critically evaluated the state of the detention
system. Washington-based advocates met with her repeatedly in the months
leading up to the announcement and pushed hard for the release of families
—
—
.
264
•
LIBAL, MARTIN, AND PORTER
‘4 Prison 15 Not a Home”
from detention. It is hard to measure which aspect had the most impact, but
we know that three years of grassroots organizing, litigation, media advocacy,
and legislative efforts have paid off.
So what now? ICE released some families from Hutto and transferred the
rest to the Berks County Family Care Shelter. Whiie the policy change reduced
family bed space by 75 percent, returning family detention to pre-9/11 leveis,
ICE director John Morton has continued to assert that ICE will not end fam
ily detention as a policy. In addition, Hutto has remained open and now de
tains women without children, ieaving some activists to question the extent of
the “change” and whether it’s a victory at ali. ICE’S announcement of Hutto’s
changes preceded a broad description of a reorganization of the entire deten
tion system. II is difficuit to teil, at this point, whether this will truly make
detention more humane, or whether it wiii expand the detention system as a
whole.
Combining these multipie iayers ofadvocacy arguably made Hutto the most
controversial detention center in the United States. Linking a specific deten
tion center to a recent poiicy change the expansion of famiiy detention al
iowed us to form both a focused and a multifaceted campaign centered around
humanizing those in detention. This strategy allowed us to repeat the mes
sage “End family detention at Hutto” in numerous Locations and media
outlets. As we take our strategy to the next Texas detention center, we look for
ward to retooling for the bigger fight: ending migrant detention in the United
States.
—
Department of Homeland Security, “DHS Cioses Loophole’
House Committee on Appropriations, Departfrnent of Homeland Security
Appropriations Bill, 2006.
While the authors of this chapter are members of Texans United for Famiies,
we recognize that Hutto has catalyzed a diverse opposition. The following portions of
the text outiine TUFF’s organizing strategy; but readers should note that groups in San
Antonio, Dafias, Houston, and the Rio Grande ValIey have been very active and have
organized around a variety of messages. Please see www.tdonhutto.blogspot.com for a
complete archive of the organizing against Hutto.
Second Deciaration of Rasa Bunikiene, in Saule Bunikyte v. Michael Chertoff Julie
Myers, John Torres, Marc Moore, Gary Mead, Simona Colon, and John Pogash. March i8,
2007. http://wwwaciu.org/immigrants/detention/315o4igl2oo7o826.htmi.
1.
2.
.
.
826.htmi.
/detention/315o4ig1200
o
7
6. Second Deciaratjon of Deka Warsame, in Mohammed Ibrahim,
Bahja Ibrahim,
and Aisha Ibrahim v. Michael Chertoff Julie Myers, John Torres, Marc Moore,
Gary
Mead, Simona Colon, and John Pogash. March i8, 2007. http://www.aclu.org/immigrank
o826.htmi.
7
Idetention/315o41gi200
7. Declaratjon of Delourdes Verdieu, in Sherona Verdieu v. Michael Chertoff
Julie
Myers, John Torres, Marc Moore, Gary Mead, Simona Colon, and John Pogash. March 18,
2007. 70826
O
igl
4
o
5
l
3
http://www.aclu.org/immigran/detentiofl/
O
2
8. Quoted in Keber and Gossage, Hutto: America’s Family Prison.
9. Women’s Refugee Commission, “Locking Up Family Vaiues.”
10. Barbara Hines, personal communication, March 2, 2009.
11. Johnson-Castro has led walks along the U.S.-Mexico border to protest the Secure
Fence Act and other border securit-y measures. For more on his work, see Texas
Civil
Rights Review, “Our Hero Jay Johnson-Castro Walks Again.”
12. Democracy Now!, “1 Want to Be Free.”
13. State ofTexas, House Concurrent Resoiution
95.
BIBLIOGRApHy
—
NOTES
265
5. Dedaration of Elsa Carbajal, in Richard Anderson Tome Carbajal and Angelina
Juliet Tome Carbajal v. Michael Chertoff Julie Myers, John Torres, Marc Moore, Gary
Mead Simona Colon, and John Pogash. March 1, 2007. http://www.aciu.org/immigrants
—
—
•
L
Democracy Now! “‘1 Want to Be Free’: 9-Year-Old Canadian Citizen Pleads from
Texas Immigration Jail’ February 23, 2007. http://www.democracynow.org.
Department of Homeland Security «DHS Closes Loophoie by Expanding Expedited
Removal to Alien Famiies: New Facility in Texas Opens Today for Illegal Alien
Famiies.” May i6, 2006. wwwdhs.gov.
House Committee on Appropriations. Department of Homeland Security
Appropriations Bill, 2006: Report Together with Additional Views (to Accompany
U.R. 2360). lo9th Cong., 1st sess., 2005, H.R. 109-79.
Keber, Lily, and Matt Gossage, dirs. Hutto: America’s Family Prison.
http://tdonhutto
.blogspot.com.
State ofTexas. House Concurrent Resoiution
http://wwwiegis.state.tx.us
R&Bili=HcR
2
/BillLookup/Text.aspx?Legsess=8
95
Texas Civi Rights Review. “Our Hero Jay Johnson-Castro Walks Again.” http://www
.
3
&sid=68
Women’s Refugee Commission. “Locking Up
Family Values.” http://www
.womenscommission.org/pdf/famdeten.pdf