Young immigrants detained in US centre allege abuse (News)

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Many of the children were sent there after US immigration authorities accused them of belonging to violent gangs, including MS-13. President Donald Trump has repeatedly cited gang activity as justification for his crackdown on illegal immigration.

Detainees say they were beaten while handcuffed and locked up for long periods in solitary confinement, left nude and shivering in concrete cells.

Detainees say they were beaten while handcuffed and locked up for long periods in solitary confinement, left nude and shivering in concrete cells.

Photo: Shenandoah Valley Juvenile Centre

Trump said on Wednesday that “our Border Patrol agents and our ICE agents have done one great job” cracking down on MS-13 gang members. “We’re throwing them out by the thousands,” he said.

But a top manager at the Shenandoah centre said during a recent congressional hearing that the children did not appear to be gang members and were suffering from mental health issues resulting from trauma that happened in their home countries – problems the detention facility is ill-equipped to treat.

“The youth were being screened as gang-involved individuals. And then when they came into our care, and they were assessed by our clinical and case management staff… they weren’t necessarily identified as gang-involved individuals,” said Kelsey Wong, a program director at the facility. She testified on April 26 before a Senate subcommittee reviewing the treatment of immigrant children apprehended by the Homeland Security Department.

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Most children held in the Shenandoah facility who were the focus of the abuse lawsuit were caught crossing the border illegally alone. They were not the children who have been separated from their families under the Trump administration’s recent policy and are now in the government’s care. But the facility there operates under the same program run by the US Office of Refugee Resettlement. It was not immediately clear whether any separated children have been sent to Shenandoah Valley since the Trump administration in April announced its “zero tolerance” policy toward immigrant families, after the lawsuit was filed.

The Shenandoah lockup is one of only three juvenile detention facilities in the United States with federal contracts to provide “secure placement” for children who had problems at less-restrictive housing.

The Shenandoah detention centre was built by a coalition of seven nearby towns and counties to lock up local kids charged with serious crimes. Since 2007, about half the 58 beds are occupied by both male and female immigrants between the ages of 12 and 17 facing deportation proceedings or awaiting rulings on asylum claims. Though incarcerated in a facility similar to a prison, the children detained on administrative immigration charges have not yet been convicted of any crime.

Ariele Rivas, centre, 5, holds a sign while standing next to her mother during a protest against the US government's border policy.

Ariele Rivas, centre, 5, holds a sign while standing next to her mother during a protest against the US government’s border policy.

Photo: AP

Virginia ranks among the worst states in the nation for wait times in federal immigration courts, with an average of 806 days before a ruling. Nationally, only about half of juveniles facing deportation are represented by a lawyer, according to Justice Department data.

On average, 92 immigrant children each year cycle through Shenandoah, most of them from Mexico and Central America.

Financial statements reviewed by AP shows the local government commission that operates the Shenandoah centre received nearly $US4.2 million ($5.7 million) in federal funds last year to house the immigrant children – enough to cover about two-thirds of the total operating expenses.

The lawsuit filed against Shenandoah alleges that young Latino immigrants held there “are subjected to unconstitutional conditions that shock the conscience, including violence by staff, abusive and excessive use of seclusion and restraints, and the denial of necessary mental health care”.

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The complaint filed by the non-profit Washington Lawyers’ Committee for Civil Rights and Urban Affairs recounts the story of an unnamed 17-year-old Mexican citizen apprehended at the southern border. The teen fled an abusive father and violence fuelled by drug cartels to seek asylum in the United States in 2015.

After stops at facilities in Texas and New York, he was transferred to Shenandoah in April 2016 and diagnosed during an initial screening by a psychologist with three mental disorders, including depression. Besides weekly sessions speaking with a counsellor, the lawsuit alleges the teen has received no further mental health treatment, such as medications that might help regulate his moods and behaviour.

The lawsuit recounts multiple alleged violent incidents between Latino children and staff at the Shenandoah centre. It describes the guards as mostly white, non-Spanish speakers who are undertrained in dealing with individuals with mental illness. The suit alleges staff members routinely taunt the Latino youths with racially charged epithets, including “wetback,” “onion head” and “pendejo,” which roughly translates to dumbass in Spanish.

A 16-year-old who said he had lived in Texas with his mother since he was an infant ended up at Shenandoah in September after a police officer pulled over a car he was riding in and asked for ID, which he couldn’t provide. As one of the few Latino kids who is fluent in English, the teen would translate for other detainees the taunts and names the staff members were calling them. He said that angered the guards, resulting in his losing such modest privileges as attending art classes.

“If you are behaving bad, resisting the staff when they try to remove you from the program, they will take everything in your room away – your mattress, blanket, everything,” he said. “They will also take your clothes. Then they will leave you locked in there for a while. This has happened to me, and I know it has happened to other kids, too.”

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The immigrant detainees said they were largely segregated from the mostly white juveniles being held on criminal charges, but they could see that the other housing units had amenities that included plush chairs and video gaming consoles not available in the Spartan pods housing the Latinos.

In their sworn statements, the teens reported spending the bulk of their days locked alone in their cells, with a few hours set aside for classroom instruction, recreation and meals. Some said they had never been allowed outdoors, while the US-born children were afforded a spacious recreation yard.

The Latino children reported being fed sparse and often cold meals that left them hungry, though meals of American fast food were occasionally provided. Records show Shenandoah receives nearly $US82,000 a year from the Agriculture Department to feed the immigration detainees.

The lawsuit said the poor conditions, frequent physical searches and verbal abuse by staff often escalated into confrontations, as the frustrated children acted out. The staff regularly responded “by physically assaulting the youth, applying an excessive amount of force that goes far beyond what is needed to establish or regain control”.

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In the case of the Mexican 17-year-old, the lawsuit said a staff member who suspected him of possessing contraband threw him to the ground and forcibly tore off his clothes for an impromptu strip search. Though no forbidden items were found, the teenager was transferred to “Alpha Pod”, described in the lawsuit as a unit within the facility designated for children who engage in bad behaviour.

The lawsuit said Latino children were frequently punished by being restrained for hours in chairs, with handcuffs and cloth shackles on their legs. Often, the lawsuit alleged, the children were beaten by staff while bound.

As a result of such “malicious and sadistic applications of force”, the immigrant youths have “sustained significant injuries, both physical and psychological,” the lawsuit said.

After an altercation during which the lawsuit alleged the Mexican teenager bit a staff member during a beating, he was restrained in handcuffs and shackles for 10 days, resulting in bruises and cuts. Other teens interviewed as part of the court case also reported being punished for minor infractions with stints in solitary confinement, during which some of the children said they were left nude and shivering in cold concrete cells.

Academic studies of prison inmates kept in solitary confinement have found they often experience high anxiety that can cause panic attacks, paranoia and disordered thinking that may trigger angry outbursts. For those with mental health issues, the effects can be exacerbated, often worsening the very behaviours the staff is attempting to discourage.

A Guatemalan youth sent to the centre when he was 14 years old said he was often locked in his tiny cell for up to 23 hours a day. After resisting the guards, he said he was also restrained for long periods.

“When they couldn’t get one of the kids to calm down, the guards would put us in a chair – a safety chair, I don’t know what they call it – but they would just put us in there all day,” the teen said in a sworn statement. “This happened to me, and I saw it happen to others, too. It was excessive.”

A 15-year-old from Mexico held at Shenandoah for nine months also recounted being restrained with a bag over his head.

“They handcuffed me and put a white bag of some kind over my head,” he said, according to his sworn statement. “They took off all of my clothes and put me into a restraint chair, where they attached my hands and feet to the chair. They also put a strap across my chest. They left me naked and attached to that chair for two and a half days, including at night.”

After being subjected to such treatment, the 17-year-old Mexican youth said he tried to kill himself in August, only to be punished with further isolation. On other occasions, he said, he has responded to feelings of desperation and hopelessness by cutting his wrists with a piece of glass and banging his head against the wall or floor.

“One time I cut myself after I had gotten into a fight with staff,” the teen recounted. “I filled the room with blood. This happened on a Friday, but it wasn’t until Monday that they gave me a bandage or medicine for the pain.”

The lawsuit alleges other immigrant youths held at Shenandoah have also engaged in cutting and other self-harming behaviours, including ingesting shampoo and attempting to choke themselves.

The child development specialist who previously worked with teens at Shenandoah said that many there developed severe psychological problems after experiencing abuse from guards.

“The majority of the kids we worked with when we went to visit them were emotionally and verbally abused. I had a kid whose foot was broken by a guard,” she said. “They would get put in isolation for months for things like picking up a pencil when a guard had said not to move. Some of them started hearing voices that were telling them to hurt people or hurt themselves, and I knew when they had gotten to Shenandoah they were not having any violent thoughts.”

She said she never witnessed staff abuse teens first-hand, but that teens would complain to her of injuries from being tackled by guards and reveal bruises. The specialist encouraged them to file a formal complaint.

A hearing in the case is set for July 3 before a federal judge in the Western District of Virginia.

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