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Investigating Immigration

NICAR 2018

Maria Zamudio, Sarah Macaraeg, Pam Dempsey,

and Reade Levinson

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Outline

Immigration pipeline from a data perspective

Cracking data on private prisons

Migrant labor in agribusiness

Guidelines for reporting

What has changed under the Trump administration?

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Outline

Immigration pipeline from a data perspective

Cracking data on private prisons

Migrant labor in agribusiness

Guidelines for reporting

What has changed under the Trump administration?

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Immigration Pipeline from a data perspective

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Immigration Pipeline from a data perspective

U.S. State Department, U.S. Citizenship and Immigration Services (USCIS), Dept. of Labor

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Immigration Pipeline from a data perspective

U.S. State Department, U.S. Citizenship and Immigration Services (USCIS), Dept. of Labor

Customs and Border Patrol (CBP)

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Immigration Pipeline from a data perspective

U.S. State Department, U.S. Citizenship and Immigration Services (USCIS), Dept. of Labor

Customs and Border Patrol (CBP)

Immigration and Customs Enforcement (ICE)

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Immigration Pipeline from a data perspective

U.S. State Department, U.S. Citizenship and Immigration Services (USCIS), Dept. of Labor

Customs and Border Patrol (CBP)

Immigration and Customs Enforcement (ICE)

Executive Office for Immigration Review (EOIR)

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Immigration Pipeline from a data perspective

U.S. State Department, U.S. Citizenship and Immigration Services (USCIS), Dept. of Labor

Customs and Border Patrol (CBP)

Immigration and Customs Enforcement (ICE)

Executive Office for Immigration Review (EOIR)

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Department of Homeland Security

Repatriation and deportation data, disciplinary cases, private firm contracts

  • U.S. Immigration and Customs Enforcement
    • interior arrests, incarceration data, deportation data, mortality rates, seizure data
    • investigations into cyber crimes, sex trafficking among others
  • U.S. Customs and Border Protection
    • border arrests, incident reports, violent assault data, corruption cases
  • U.S. Citizenship and Immigration Services
    • changes in policy, enforcement practices, citizenship data, DACA data

Department of Justice

  • The Executive Office of Immigration Review (EOIR)
    • asylum applications, adjustments of status, “priority” cases, bond data
    • If either side wants to appeal judge’s decision: EOIR’s Board of Immigration Appeals
    • ..then to federal appeals court. Those records are open to the public.
  • Executive Office for U.S. Attorneys
    • federal prosecutions of immigration crimes (smuggling, illegal re-entry)

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All of these agencies will not release the names of immigrants facing deportation. You can get access to a case if you can get the immigrant to sign a privacy waiver form.

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You can get access to a case file against an immigrant from ICE if you can get the immigrant to sign a privacy waiver form.

It’s pretty easy but it takes a really long time to get the file. One time it took me over one year.

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Requests for information about a person other than the requester require proper authorization allowing release of the information...the FOIA Service Center recommends that you include in your request an authorization to release information from the person who is the subject of the request, or an explanation about how the public interest outweighs the privacy interest of the subject of the record. The FOIA Service Center recommends having the person who is the subject of the request complete and sign Form DOJ-361 (Certification of Identity) for this purpose. If you are the attorney of record, you may wish to provide evidence of that fact, such as a valid entry of appearance, Form EOIR-27 or Form EOIR-28.

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1-800-898-7180 (toll-free)*

Track immigration court cases:

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Data and documents from other agencies

  • The U.S. Department of Labor has really good data for temporary workers. DOL has a foreign labor certification office that has a lot of data and contracts for H2A, H2b and other temporary workers. There’s also disclosure data for recruiters abroad.
    • DOL also has an enforcement database for minimum wage and overtime violations (there’s a section for migrant workers)
  • DHS – Inspector General
  • State Department
    • Merida spending, embassy correspondence, treaty reports
  • Office of National Drug Control Policy
    • What to ask for: drug seizure data, strategy development notes, budget details
  • Treasury Department
    • seized assets, repatriated cash, money laundering investigations

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Recruiter disclosure data

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Approved H2A contracts including employer info and number of workers

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Wage and Hour Compliance Action Data

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Not everyone facing deportation entered the country illegally.

Elizabeth Keathley moved to Illinois from her native Philippines in 2003 to live with her husband. When she tried to get a driver’s license. She didn’t realized she registered to vote after she agreed to be an organ donor. As a legal resident, she can’t vote. That mistake almost got her deported.

National Voter Registration Act, known as the motor voter law, people can register to vote when they apply for a driver’s license or ID card, and state employees can’t ask for proof of citizenship. The law was designed to boost voter participation by making it easier for people to register to vote has had an unintended consequence for some legal residents.

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Miguel Perez Jr. fought in Afghanistan following the 9/11 terrorist attacks. When he returned he struggled with PTSD. The VA hospital didn’t help him and he ended up becoming addicted to alcohol and cocaine. He got arrested with a friend who sold drugs and plead guilty to a felony charge. He served seven years in state prison and before he was released for good behavior he was transferred to a detention center.

�The 7th U.S. Circuit Court of Appeals denied his request to stop his deportation order. This was Perez’s last option. Senator Tammy Duckworth (D-IL) introduced a private bill to help Perez stay in the country.

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Detention Centers

  • Audits
  • Contracts with vendors
  • Injury and death reports of detainees
  • There’s been an increase in the number of suicides. You can request reports ( both from the county and ICE)

The FOIA library has a lot of reports and contracts. Take a look there before filing a request.

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Be creative with your FOIA work

  • There’s a long backlog with federal FOIAs.
  • I suggest filing FOIAs to local agencies too
    • Ex. I was able to get detailed data from McHenry Detention Center. That same data would have taken over a year if I had filed it ICE.
  • I was able to documents from federal court on a case involving a u-visa case

Wendy Palacios agreed to testify against the predatory smuggler who brought her into the country illegally in 2014 then tried to rape her. In exchange, she’d get a pathway to citizenship —a so-called U-visa for crime victims who cooperate in criminal investigations. But U.S. Border Patrol refused to sign the form she needed for the visa.

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In 2011, the Boston Globe filed a FOIA requesting the names, crimes, and last-known states of residence of convicted criminals released in the United States by the Immigration and Customs Enforcement agency, and the reasons they were not deported.

The paper fought the denials and two years later the court ordered the agency to release the data. The court said “must weigh that privacy interest against the public interest in disclosure. There is "only one relevant public interest, that of `open[ing] agency action to the light of public scrutiny.'”

** You can use this argument in FOIAs where you request names and some documents.

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Outline

Immigration pipeline from a data perspective

Cracking data on private prisons

Migrant labor in agribusiness

Guidelines for reporting

What has changed under the Trump administration?

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SARAH

MACARAEG

@SERAMAK

#NICAR18

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IMMIGRANT DETENTION

  • HOW IT WORKS
  • WHAT‘S FOIA-BLE

3. FINDINGS

4. CONNECTING DOTS

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73%

Of ICE detention & removal operations were privately contracted as of 2016

(Detention Watch Network)

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  • CONTRACTS
  • INVOICES
  • GRIEVANCES
  • RE: AUDITS

PRIVATE PRISON FOIAS

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WHO

TO

FOIA

WHAT

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UNDERSTANDING

THE LANDSCAPE

  • PRIVATE CORPORATIONS
  • STATE, FEDERAL, COUNTY
  • CONTRACTS, IGSAs, DAY RENTALS

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OPERATORS COULD HAVE:

  • CONTRACTS AT FEDERAL & STATE
  • MULTIPLE PRISONS SAME REGION
  • MULTIPLE CLIENTS SAME PRISON
  • MULTIPLE CONTRACTS IN SAME REGION FOR DIFFERENT SERVICES

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THERE’S NO SUBSTITUTE FOR TAKING THE TIME TO FIGURE IT OUT

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WHAT I FOUND

-$$$ -WAIVER

-RUBBERSTAMP

-DEPORTEE DATA

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FINDINGS ON HAND

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FOIA EVERYTHING

READ EVERYTHING

VERIFY EVERYTHING

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CONNECTING DOTS

  • SEC FILINGS // CORPORATE METRICS
  • NIMSP // CAMPAIGN CASH
  • PACER // CIVIL SUITS

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Interpretation

Identification

Hate groups

Sources in removal proceedings

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SARAH MACARAEG

sarah.macaraeg@gmail.com

@seramak

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Outline

Immigration pipeline from a data perspective

Cracking data on private prisons

Migrant labor in agribusiness

Guidelines for reporting

What has changed under the Trump administration?

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Midwest Center for Investigative Reporting

www.investigatemidwest.org

pamelagdempsey@investigatemidwest.org

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Migrant labor in agribusiness

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Migrant labor in agribusiness

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Guide to covering migrant labor

  • Be honest and transparent
  • Be aware of impact post-publication
  • Avoid the parachute

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Midwest Center for Investigative Reporting

www.investigatemidwest.org

pamelagdempsey@investigatemidwest.org

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Outline

Immigration pipeline from a data perspective

Cracking data on private prisons

Migrant labor in agribusiness

Guidelines for reporting

What has changed under the Trump administration?

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changes under Trump

Reade Levinson

@readelev

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ICE FOIA/PA Headquarters Office

+1 (866) 633-1182

“You have reached the U.S. Immigration and Customs Enforcement’s Freedom of Information Act Office. This is an unmonitored phone line ... in the event that you need assistant with a Freedom of Information Act request, please submit an email to ICE-FOIA@DHS.gov.

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Obama-era (2nd term) policies

Priority cases

Targeted arrests

Unaccompanied minors

Alternatives to detention

No. of visas

Refugee resettlement

Travel ban

Interior arrests

Drop in border crossings

287(g)

Immigration judges

Fed. criminal prosecutions

January 20, 2017

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NICAR 2018

Maria Zamudio

zamudio2@gmail.com

Reade Levinson

reade.levinson@tr.com

Pam Dempsey

pamelagdempsey@investigatemidwest.org

Sarah Macaraeg

sarah.macaraeg@gmail.com