Written by Sarah Lee (Advocate for the Vision Act) and Valeria Coronado, UCLA Undergraduate Student, Labor Studies and Chicanx/Central American Studies
When immigrants and refugees are eligible for release in California , they are treated differently from everybody else. ICE can arbitrarily decide to detain immigrants–even if they have finished their sentences, have been found suitable for parole, or have had their sentences commuted. Currently, state prisons and local jails voluntarily transfer immigrants and refugees to ICE at the point they are eligible to be released from state or local custody. If not because of where they were born, these community members would be allowed to return home to their families and communities. This process, known as an “ICE transfer” or the “prison-to-deportation pipeline” is deeply traumatic and often leads to indefinite detention and permanent family separation. Communities impacted by ICE transfers refer to this process as experiencing “double punishment” and a two-tiered system of justice that discriminates against immigrants and refugees.
U.S. immigration policies disproportionately impact immigrants and refugees from different racial/ethnic backgrounds. According to a 2020 report titled “Landscape of Immigration Detention in the United States,” the American Immigration Council analyzed government and other data on all individuals who were detained by Immigration Customs Enforcement during the fiscal year 2015. The data demonstrated that the detained population was primarily male and from Mexico or Central America, and that close to 17%of people in detention were under the age of 18. The harm inflicted by systemic racist immigration policies crosses racial and ethnic boundaries.
Carlos is one of the thousands of people impacted by crimmigration. At fifteen years old, Carlos was tried as an adult and sentenced to 15-years-to-Life for a gang-related murder he committed. During the 22 years he served in prison, Carlos turned his life around. He became a certified alcohol and drug studies specialist, youth mentor and organizer. Thanks to his leadership and rehabilitation, the California parole board granted his release. However, instead of returning home, Carlos was sent to immigrant detention at the Yuba County Jail. “I’ve done time in 12 California prisons. Yuba County Jail immigrant detention was worse than all of them,” recalls Carlos in this op-ed he wrote for the San Francisco Chronicle.
If the pipeline between incarceration and detention didn’t exist, Carlos would have been able to fight and win his case from within the U.S. The physical and mental burden of a double punishment and the horrible conditions of immigrant detention forced Carlos to take deportation. He now faces an uphill battle to return home. Help us #BringCarlosHome and support efforts to end ICE transfers so that no more families have to go through this traumatic form of separation.
What is crimmigration?
Crimmigration is the process by which state and local criminal justice systems enforce federal immigration offenses. The collaboration between state and immigration officials impacts how immigrant youth experience imprisonment and keeps them caught in a revolving door of incarceration.
Learn more about crimmigration
A New Juvenile Justice System: Total Reform for a Broken System, from NYU Press
Facilitating the Carceral Pipeline: Social Work’s Role in Funneling Newcomer Children From the Child Protection System to Jail and Deportation, by Heather Bergen and Salina Abji
The Psycho Realm Blues: The Violence of Policing, Disordering Practices, and Rap Criticism in Los Angeles, by Steven Osuna, from California State University
Unaccompanied Youth in Our Public Schools and Our Opportunity to Lead for Emancipatory Practices, by Leyda Garcia, from Loyola Marymount University
States of Delinquency: Race and Science in the Making of California’s Juvenile Justice System, by Miroslava Chavez-Garcia, Volume 35 in the series American Crossroads
Collaborative Advocacy Across Systems to Serve Immigrant Children , by the Young Center for Immigrant Children’s Rights