2012/2013 Human Rights First s Public Dialogues Series
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1 2012/2013 Human Rights First s Public Dialogues Series Dialogues on Detention: Applying Lessons from Criminal Justice Reform to the Immigration Detention System Monday, September 24, 2012 Co-Sponsored by University of California - Irvine School of Law and the UCI Center for Research on Immigration, Population and Public Policy Irvine, California 8:30-9:00 am Registration and Light Breakfast 9:00-9:30 am Welcome and Setting the Stage Jennifer Chacon, University of California - Irvine Elisa Massimino, President & CEO, Human Rights First Ruthie Epstein, Human Rights First 9:30-10:45 am Realignment in California - Observations and Lessons for Immigration Detention Overview: James Austin, Ph.D., correctional planning and research expert, former Part I 1
2 Alternatives to Detention - Models and Best Practices According to the California Corrections Standards Authority, more than 50,000 of the 71,000 individuals held daily in California s county jails are awaiting trial. In Orange County, 53 percent of the jailed population are pre-trial. Following AB 109, which was enacted by the California state legislature in response to a Supreme Court order to the state to reduce its prison population, counties are receiving funds to invest, in part, in pre-trial services so that county jails are not holding individuals who pose no flight risk or risk to public safety. How should pre-trial programs be used to save costs and reduce the jail population in California? What are the elements of a successful pre-trial program? What s the definition of success? What is the role of risk assessment tools? How do pre-trial programs save taxpayer dollars? Like pre-trial inmates, immigrants held in ICE detention are awaiting final outcomes on their cases. And similarly, the purpose of their detention is limited - to ensure that they appear for their hearings and comply with any final deportation order. How can successful pre-trial programs serve as models for alternatives to detention in the immigration detention context? In what ways are the underlying needs in the two systems different? Chief Scott MacDonald, Santa Cruz County Probation Department (invited) John Pearson, former director, Napa County Department of Corrections (invited) Deane Dougherty, Deputy Assistant Director, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, Custody and Management Division Moderator: James Austin, Ph.D., correctional planning and research expert, former 10:45-11:00 am Break 11:00 am to noon Realignment in California - Observations and Lessons for Immigration Detention Part II Approaches to Advancing Reform - California As a Case Study 2
3 What tools have been effective in California to bring change to a troubled prison system? How do different strategies for change work together? What have been the roles of the Supreme Court decision in Plata v. Brown and AB 109 in advancing reform in California? What processes can or should be initiated from within the government at the local or state level? What roles do advocacy and grassroots mobilization play in creating external pressure for change? What can the federal government and immigration detention reform advocates learn from California s experiences? Michael Bien, partner, Rosen Bien Galvan & Grunfeld LLP (San Francisco) Jakada Imani, Executive Director, Ella Baker Center for Human Rights (Oakland) Ahilan T. Arulanantham, Deputy Legal Director, ACLU of Southern California (Los Angeles) Moderator, James Austin, Ph.D., correctional planning and research expert, former 12:15-1:45 pm Discussion and Luncheon Mandatory Detention and Mandatory Minimums - Eliminating Individualized Assessments Introduction: Elisa Massimino, President & CEO, Human Rights First Moderator: Jennifer Chacon, Professor of Law, UC-Irvine School of Law Discussants: Erwin Chemerinsky, Founding Dean and Distinguished Professor of Law, UC-Irvine School of Law; Raha Jorjani, Staff Attorney, UC-Davis School of Law Clinical Programs 2:00-3:30 pm What Is Civil Detention? Detainees and inmates held by ICE, local jails, state prisons, the U.S. Marshals, and the federal Bureau of Prisons all face a fundamental loss of liberty, whether the authority under which they are held is civil/administrative or criminal law, and whether they are awaiting hearings or have been convicted and sentenced. ICE holds in detention up to 3,800 immigrants daily in the state of California, including 2,800 in local jails. 71,000 3
4 non-ice detainees are held in California jails each day, including 50,000 pre-trial, in addition to 125,000 in the state s prison system. BOP facilities in California account for an additional 19,000 inmates, including 2,300 in a privately run facility. What is the legal framework for drawing distinctions among the conditions in civil detention, pre-trial detention, and incarceration? What are the appropriate operational distinctions? What conditions of confinement are necessary to serve the government s purpose? What conditions respect the dignity and rights of the individuals being held in custody? What conditions ensure safety for detainees and inmates as well as officers and staff? Kate Jastram, former legal advisor to the UN High Commissioner for Refugees; director of Research and Program, UC Berkeley; member, ABA Commission on Immigration civil immigration standards advisory committee Deane Dougherty, Deputy Assistant Director, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, Custody and Management Division Sheriff Gary Raney, Ada County, Idaho Chase Riveland, Riveland Associates, former Secretary of Washington State Department of Corrections (invited) Moderator: Anil Kalhan, associate professor of law, Drexel University 3:30-3:45 pm Break 3:45-4:00 pm Access to Counsel for Immigration Detainees Introduction: Eleanor Acer, Director, Refugee Protection Program, Human Rights First Remarks: Judge M. Margaret McKeown, U.S. Court of Appeals, Ninth Circuit 4:00-5:30 pm Jailed and No Lawyer: Models for Expanding High Quality Legal Representation for Indigent Detainees 4
5 The performance of counsel in both the immigration removal and criminal justice context can be critical for both the outcome of the proceedings and for the efficiency/functioning of the courts - and individuals who are detained or incarcerated face even greater barriers to obtaining effective legal counsel. Over 3,000 immigrants are held daily - and many thousands yearly - in ICE detention in southern California, with limited access to legal representation and dependent on underresourced non-profit legal service providers for counsel. What models are most effective in providing legal assistance to these detainees? Where are the gaps in representation and in the current landscape of resources? At which detention facilities? What are the government s obligations to provide counsel for vulnerable immigrants, such as those with severely mental disabilities, facing removal proceedings? What works for individuals facing criminal charges who cannot afford attorneys? How can public defenders at the federal, state, and local levels provide the best support for clients who are immigrants? Where is funding and expertise most needed in both systems? Veronica Barba, Director, ABA Immigration Justice Project (San Diego) Talia Inlender, Staff Attorney, Public Counsel (Los Angeles) Erika Pinheiro, immigration attorney, Esperanza Immigrant Rights Project, Catholic Charities of Los Angeles Davina Chen, assistant federal public defender (Los Angeles) Moderator: Marcellus McRae, partner, Gibson, Dunn & Crutcher LLP (Los Angeles) 5:30-5:45 pm Closing Remarks Ruthie Epstein, Human Rights First Reception to follow. 5
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