♪ MUSIC REPORT FROM SANTA FE IS MADE POSSIBLE, IN PART, BY GRANTS FROM THE NEW MEXICO MUNICIPAL LEAGUE, A BETTER NEW MEXICO THROUGH BETTER CITIES AND FROM THE HEALY FOUNDATION, TAOS, NM.

HELLO, I'M LORENE MILLS, AND WELCOME TO REPORT FROM SANTA F. OUR GUEST TODAY IS SOPHIA GENOVESE WHO IS WITH THE NEW MEXICO IMMIGRANT LAW CENTER.

YOU'RE DOING SUCH WONDERFUL WORK, I'M SO HAPPY YOU CAME TO TELL US ABOUT IT.

WHAT IS THE MISSION OF THE IMMIGRANT LAW CENTER.

>>SOPHIA: ABSOLUTELY.

THE NMILC IS THE ONLY STATEWIDE NONPROFIT PROVIDING FREE LEGAL SERVICES TO IMMIGRANTS ALL ACROSS THE STATE, FREE OF CHARGE.

WE PROVIDE DIRECT REPRESENTATION TO ASYLUM SEEKERS, TO IMMIGRANTS WHO ARE IN CIVIL IMMIGRANT DETENTION FACILITIES, AS WELL AS UNACCOMPANIED MINORS, CHILDREN AND SURVIVORS OF TRAFFICKING AND OTHER HORRIFIC CRIMES.

SO, WE RUN THE GAMUT WHEN IT COMES TO HUMANITARIAN IMMIGRATION RELIEF.

>>LORENE: WELL, I LOVE IT BECAUSE YOU DO ADVOCACY AND YOU DO COMMUNITY RESOURCES, BUT YOU ALSO EDUCATE EVERYONE ON WHAT A PERSON SEEKING ASYLUM, WHAT THEIR RIGHTS ARE, BECAUSE LAW ENFORCEMENT KIND OF RUNS ROUGHSHOD OVER THEM, BUT WE'LL COME TO THAT A LITTLE BIT LATER.

YOU'VE HAD AN INTERESTING PATH THAT LED YOU TO THIS WORK, TELL US A LITTLE ABOUT YOUR BACKGROUND AND WHAT YOU'VE EXPERIENCED IN YOUR OWN LIFE, AND WHAT YOU LEARNED THAT IS MAKING THIS SUCH A MISSION FOR YOU.

>>SOPHIA: THANK YOU.

SO, FOR ME, I ACTUALLY STARTED OUT IN CORPORATE IMMIGRATION LAW.

I REPRESENTED BUSINESSES AND ENTREPRENEURS AND SEEKING WORK-BASED VISAS, BUT I ALWAYS HAD A HUMANITARIAN DOCKET, A PRO BONO DOCKET, AND IT WAS FOCUSED ON ASYLUM.

I FELL IN LOVE WITH ASYLUM LAW AND SO EVENTUALLY I MADE THE DECISION TO TRANSITION INTO NONPROFIT WORK AND FOCUS ON PROVIDING REPRESENTATION TO ASYLUM SEEKERS AND OTHER IMMIGRANTS AND CIVIL IMMIGRANT DETENTION CENTERS ACROSS THE SOUTH, AS WELL AS IN THE NORTHEAST AND NOW HERE IN NEW MEXICO.

AND FOR ME, THIS IS DEEPLY PERSONAL, MY STEPFATHER WAS DETAINED BY ICE IN CALIFORNIA WHEN I WAS GROWING UP.

HE WAS SENT TO A PRIVATE PRISON AND HELD IN ICE CUSTODY THERE AND SUBJECTED TO SOME ABUSES.

THERE WERE NO PRO-BONO ATTORNEYS TO TAKE HIS CASE, AND HE WAS ULTIMATELY DEPORTED TO MEXICO.

HE WAS SEPARATED FROM OUR FAMILY, MY HOUSEHOLD WENT FROM TWO LOVING PARENTS WITH TWO STABLE INCOMES TO ONE VERY OVERWHELMED PARENT, NOT ABLE TO MAKE ENDS MEET WITH A HOUSEHOLD OF FOUR CHILDREN.

AND SO FOR ME, DETENTION IS NOT JUSTICE, IT'S NOT PUBLIC SAFETY, IT TRULY SEPARATES FAMILIES, IT SEPARATED MINE.

>>LORENE: HOW LONG DID YOU REMAIN SEPARATED?

>>SOPHIA: HE REMAINS IN MEXICO TO THIS DAY.

>>LORENE: SO YOU GREW UP WITH HIM BEING HELD IN MEXICO.

>>SOPHIA: ABSOLUTELY.

>>LORENE: I'M SO SORRY.

>>SOPHIA: THANK YOU, IT WAS HARD.

THIS IS SOMEONE I HAD COME TO RELY ON WHO WAS, FOR ALL INTENTS AND PURPOSES, MY FATHER AND HE WAS TAKEN AWAY FROM US REALLY SUDDENLY WITHOUT ANY REGARD TO OUR WELL-BEING AND OUR SAFETY.

>>LORENE: YEAH, YEAH.

AND SO ONE OF THE REASONS THAT YOU'RE DOING THIS WORK, YOU NOTICED THAT YOU WERE A FAMILY WHO NEEDED PRO-BONO HELP AND ADVOCACY AND EDUCATION ABOUT WHAT HIS RIGHTS WERE, AND YOU DIDN'T HAVE ANY OF THAT.

>>SOPHIA: THAT'S ABSOLUTELY RIGHT.

>>LORENE: THANK YOU FOR STEPPING UP, THANK YOU VERY MUCH.

I'M SORRY THAT IT COMES FROM A PLACE OF PAIN, BUT YOU'RE DOING WONDERFUL THINGS.

I'D LIKE TO TALK TO OUR AUDIENCE ABOUT WHAT SERVICES YOU OFFER, BECAUSE YOU DO SO MUCH.

I HAVE A LITTLE LIST, BUT IF YOU COULD GO INTO DETAILS ON THE LEGAL SERVICES, THE ADVOCACY AND EDUCATION.

>>SOPHIA: YES.

SO WE HAVE SEVERAL DEPARTMENTS WITHIN NMILC, I SPECIFICALLY LEAD OUR ASYLUM AND DETENTION PROGRAMING.

THERE ARE NOT ENOUGH ASYLUM PRACTITIONERS IN THE STATE OF NEW MEXICO AND CERTAINLY NOT ENOUGH ACROSS THE COUNTRY.

THERE ARE ONLY SEVEN ATTORNEYS IN THE ENTIRE STATE WHO PROVIDE DIRECT REPRESENTATION AND ASSISTANCE TO PEOPLE IN DETENTION AND OUR ICE FACILITIES HOLD UP TO 2000 PEOPLE AT ANY POINT.

SO, SEVEN PRO BONO ATTORNEYS IS CLEARLY NOT ENOUGH TO MEET A TREMENDOUS NEED.

IN THE ABSENCE OF BEING ABLE TO TAKE EVERYONE'S CASE, WE CONDUCT, YOU KNOW, YOUR RIGHTS PRESENTATIONS EVERY WEEK AT TORRANCE AND CIBOLA AND THEN WE ALSO PROVIDE DIRECT REPRESENTATION TO PEOPLE WHO ARE DETAINED AT OTERO, AS WELL AS THE LARGE POPULATION OF NEW MEXICANS WHO ARE DETAINED AT THE EL PASO SERVICE PROCESSING CENTER.

WE ENGAGE IN EDUCATION PRESENTATIONS SO FOLKS UNDERSTAND THE PROCESSES AND THE LAWS THAT THEY'RE BEING SUBJECTED TO.

THERE IS NO RIGHT TO APPOINTED COUNSEL IN CIVIL IMMIGRANT DETENTION, SO THE VAST MAJORITY OF PEOPLE ARE PURSUING RELIEF ALL BY THEMSELVES.

AND ASYLUM LAW IS KNOWN TO BE AS COMPLICATED, IF NOT MORE, THAN THE U.S TAX CODE AND PEOPLE ARE BEING FORCED TO NAVIGATE THIS ALL BY THEMSELVES IN A LANGUAGE THEY FREQUENTLY DO NOT SPEAK, NOR READ.

SO WE REALLY FOCUS ON PROVIDING AS MUCH EDUCATION AND AWARENESS OF THE LAWS AND POLICIES PEOPLE ARE BEING SUBJECTED TO SO THEY HAVE THE BEST POSSIBLE SHOT OF MAKING IT THROUGH THE PROCESS.

>>LORENE: YOU KNOW THE LANGUAGE THING TOO, BECAUSE LEGALESE IS VERY COMPLICATED IN YOUR NATIVE LANGUAGE, LET ALONE IN ANOTHER LANGUAGE.

SO TO JUST, YOU KNOW, PICK UP THE LAW TO READ IT, YOU REALLY NEED TO BE HAND HELD, TO BE GUIDED THROUGH, AND TO ACCENT THAT THESE ARE YOUR RIGHTS.

THIS IS WHAT YOU CAN ASK FOR.

SO SOME SPECIALTIES THAT YOU'VE WORKED ON THAT I'D LIKE YOU TO TELL ME MORE ABOUT, YOU HELP PEOPLE WITH DACA RENEWALS.

DACA STANDS FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS.

THESE ARE PEOPLE WHO'VE BEEN HERE BEFORE THEY COULD SPEAK ANY LANGUAGE, MAYBE THEY HAVE ONE PARENT WHO'S A CITIZEN OR THEY WERE BORN HERE, BUT THERE'S A WHOLE OTHER SET OF LAWS AND A WAY TO THEM, RIGHT?

>>SOPHIA: THAT'S RIGHT.

SO DACA IS AN EXECUTIVE PROGRAM SUBJECT TO A LOT OF BACK AND FORTH, BECAUSE THIS ISN'T A STATUTORILY BASED APPLICATION.

THAT MEANS IT'S UP TO INTERPRETATION BY THE EXECUTIVE ABOUT WHETHER THIS IS A POLICY THAT WILL REMAIN IN EFFECT OR IF IT WILL BE RESCINDED.

WE'VE SEEN THE BACK AND FORTH IN THE COURTS FOR THE PAST SEVERAL YEARS OVER DACA AND SO NMILC ASSISTS DACA RECIPIENTS WITH RENEWING THEIR APPLICATIONS.

FOR THOSE WHO ARE WILLING TO TAKE THE RISK AND FILE INITIAL APPLICATIONS, OUR TEAM ALSO SUPPORTS WITH FILING THOSE APPLICATIONS AND ALSO HELPING THOSE SAME INDIVIDUALS IDENTIFY POTENTIAL OTHER FORMS OF RELIEF AND PROTECTION FROM DEPORTATION.

>>LORENE: YEAH, MY NEXT STEP WAS DEPORTATION DEFENSE RESOURCES, BECAUSE ONCE THEY SEND YOU AWAY, YOU KNOW, YOU WANT TO STOP IT BEFORE THEY SEND YOU AWAY.

>>SOPHIA: EXACTLY.

>>LORENE: OTHERWISE, IT'S ALMOST IMPOSSIBLE.

ONE THING I'M CONCERNED ABOUT IS THE MEDICAL NEGLECT, BECAUSE THERE ARE THREE DETENTION CENTERS TORRANCE, OTERO AND CIBOLA.

>>SOPHIA: THAT'S RIGHT.

>>LORENE: AND THE CONDITIONS IN WHICH DETAINEES ARE BEING HELD, RUMOR HAS IT THAT THEY'RE REALLY ABYSMAL AND THAT SOMEONE HAS TO STEP UP AND MAKE IT JUST UP TO A NORMAL STANDARD OF AMERICAN PUBLIC HEALTH STANDARDS, SO IT'S NOT ADDING TO THEIR SUFFERING.

WHAT KIND OF PROGRESS IS BEING MADE WITH THAT AND WHO'S PUSHING FOR BRINGING IT UP TO AT LEAST HEALTH STANDARDS?

>>SOPHIA: WHAT'S INTERESTING IS WE HAVE THE PERFORMANCE BASED NATIONAL DETENTION STANDARDS THAT CONTROL WHAT CONDITIONS SHOULD EXIST IN ICE FACILITIES AND THERE ARE ALSO A NUMBER OF OVERSIGHT AGENCIES TASKED WITH ENSURING COMPLIANCE WITH THOSE STANDARDS.

SO THERE'S ALREADY AN INFRASTRUCTURE AND STANDARDS THAT EXIST, THE PROBLEM IS THAT THE RULES AREN'T FOLLOWED AND THERE ISN'T ACCOUNTABILITY FOR WHEN EVEN OVERSIGHT AGENCIES IDENTIFY DISCREPANCIES OR VIOLATIONS OF THE STANDARD.

FOR EXAMPLE, THE OFFICE OF THE INSPECTOR GENERAL OIG CALLED FOR TORRANCE COUNTY DETENTION FACILITY TO BE DEPOPULATED, AN ACTION THAT THIS OVERSIGHT AGENCY HAD NEVER TAKEN BEFORE.

THEY FOUND THAT THE CONDITIONS AT TORRANCE WERE SO HORRIFIC, SO UNLIVABLE, THAT THERE WAS WIDESPREAD UNDERSTAFFING AND MEDICAL NEGLECT, THAT IT WAS NOT SAFE TO HOUSE IMMIGRANT DETAINEES THERE.

THE DEPARTMENT OF HOMELAND SECURITY IGNORED THEIR RECOMMENDATIONS AND CONTINUED HOUSING AND DETAINING IMMIGRANTS THERE AND JUST A FEW MONTHS LATER A YOUNG BRAZILIAN ASYLUM SEEKER NAMED KESLEY VIAL DIED BY SUICIDE BECAUSE OF MEDICAL NEGLECT, BECAUSE OF MENTAL HEALTH NEGLECT.

WE SEE THESE ISSUES REALLY PERSIST AT ALL OF THE FACILITIES.

MY ORGANIZATION JUST FILED A CIVIL RIGHTS COMPLAINT, AN ADMINISTRATIVE COMPLAINT, WITH A DIFFERENT OVERSIGHT BODY CALLED THE CIVIL RIGHTS CIVIL LIBERTIES ORGANIZATION, AND THEY OVERSEE THE IMPLEMENTATION OF THE PBNDS STANDARDS AND MONITOR HUMAN RIGHTS ABUSES.

WE FLAGGED FOR THEM MANY INSTANCES OF MEDICAL NEGLECT AT CIBOLA, WHERE WE HAD A YOUNG CLIENT WHO SUFFERED FROM SEIZURES AND WAS NOT GIVEN HIS MEDICATION, CAUSING HIM TO SEIZE REGULARLY IN HIS DORMITORY.

AT ONE POINT, WE HAD ANOTHER CLIENT WHO WAS NOT RECEIVING HIS MEDICATION EITHER, AND THEN ONE DAY, THE TWO MEN RECEIVED ONE ANOTHER'S MEDICATION INSTEAD OF THEIR OWN.

AND SO WE SEE UNDERSTAFFING CONTRIBUTE TO THE ONGOING MEDICAL NEGLECT, THE UNLIVABLE CONDITIONS IN THESE FACILITIES AND NOT TO MENTION, WE UNFORTUNATELY HAD ANOTHER DEATH AT THE OTERO COUNTY PROCESSING CENTER JUST THIS JUNE OF A MAN WHO IS SUFFERING MEDICAL ISSUES DURING HIS DETENTION, HIS NEEDS WERE NOT MET AND HE COLLAPSED AND DIED.

HIS NAME IS JHON JAVIER BENAVIDES-QUINTANA.

SO THESE ARE NOT SAFE FACILITIES, THERE'S CERTAINLY UNLIVABLE CONDITIONS, THOSE ARE ABHORRENT AS WELL, THAT THE FAILURE TO RENDER PROPER MEDICAL CARE TO PEOPLE WHO HAVE THE RIGHT TO ACCESS THAT CARE IS ABHORRENT, AND WE SHOULD BE ASHAMED.

>>LORENE: SO, THE ENFORCERS ARE NOT ENFORCING THIS, HOW CAN WE, WELL DOING A SHOW LIKE THIS DRAWS ATTENTION TO IT, BUT HOW CAN WE GET THEM TO DO THEIR JOB OF BRINGING IT UP TO ACCEPTABLE STANDARDS?

>>SOPHIA: THE ISSUE IS NOT ONE OF BRINGING ICE DETENTION INTO COMPLIANCE AT THIS POINT.

THOSE ATTEMPTS HAVE BEEN MADE FOR YEARS, AND DESPITE THESE CONSTANT ATTEMPTS TO ADD MORE OVERSIGHT AND MORE PROTECTION AND MORE STANDARDS TO THE ICE DETENTION SYSTEM HASN'T RESULTED MORE SAFETY.

IN FACT, OVER THE PAST FEW YEARS, WE'VE HAD MORE DEATHS IN ICE DETENTION THAN IN ANY PREVIOUS YEARS.

THESE ADDED LAYERS OF BUREAUCRACY DO NOTHING TO KEEP IMMIGRANTS SAFE AND THE ONLY ANSWER TRULY TO US IS BANNING ICE DETENTION CONTRACTS.

WE KNOW THAT THE VAST MAJORITY OF IMMIGRANTS ARE NOT IN DETENTION, THE DETENTION POPULATION IS 40,000 PEOPLE, YET THERE ARE 2.5 MILLION CASES PENDING BETWEEN THE IMMIGRATION COURT AND THE AGENCIES, NOT TO MENTION THE SEVERAL MILLIONS OF PEOPLE WHO ARE WITHOUT LAWFUL STATUS, LIVING HERE IN PEACE.

DETENTION ISN'T NECESSARY, IT'S ARBITRARY WHO IS DETAINED AND WHO IS LET GO AT THE BORDER, WHO IS DETAINED IN COMMUNITIES AND WHO IS NOT.

>>LORENE: YES.

WELL, WE'RE SPEAKING TODAY WAS SOPHIA GENOVESE, WITH THE NEW MEXICO IMMIGRANT LAW CENTER.

I WANTED TO ASK YOU ABOUT SOME OF YOUR PERSONAL STORIES, BECAUSE IN 2019, YOU WENT DOWN TO THE TIJUANA BORDER, THE SAN YSIDRO PORT OF ENTRY CROSSING TO HELP PEOPLE CLAIM LEGAL ASYLUM, BECAUSE, AGAIN, ONE OF YOUR MAIN JOBS IS TO EDUCATE PEOPLE TO KNOW WHAT THEIR OWN RIGHTS ARE.

SO WHAT HAPPENED WHEN YOU WERE THERE?

>>SOPHIA: YEAH, I VOLUNTEERED WITH AN AMAZING ORGANIZATION CALLED AL OTRO LADO, AND THEY REGULARLY HOST VOLUNTEERS IN SUPPORTING ASYLUM SEEKERS WHO ARE TRYING TO GET ACCESS TO THE U.S. ASYLUM SYSTEM, BUT ARE STUCK IN TIJUANA.

AND SO WHAT WE DID WAS PREPARE PEOPLE ABOUT WHAT THEIR RIGHTS WERE, WHAT ASYLUM WAS, AND HOW BEST TO ARGUE THEIR CASE BEFORE THEY EVEN ATTEMPT TO CROSS THE BORDER.

AT THAT POINT IN TIME, WE WERE DEALING WITH METERING, WHERE THE U.S. GOVERNMENT WASN'T ALLOWING ASYLUM SEEKERS TO ENTER AT ALL THROUGH THE PORTS OF ENTRY.

AND A LOT OF THE ADVOCACY THAT AL OTRO LADO HAS DONE AND CONTINUES TO DO IS HELPING ASYLUM SEEKERS, VULNERABLE PEOPLE, PEOPLE WITH DISABILITIES AND OTHER NEEDS, ACCESS PORTS OF ENTRY SO THAT THEY CAN ACCESS THE ASYLUM SYSTEM.

BECAUSE YOU CANNOT ACCESS IT FROM MEXICO, YOU HAVE TO ENTER THE UNITED STATES FIRST.

>>LORENE: WHAT I'VE READ AND TELL ME MORE ABOUT THIS, THAT BOTH THE MEXICAN AND THE UNITED STATES AUTHORITIES BREAK THE LAW.

THESE PEOPLE ARE LAWFUL, CONSTITUTIONALLY PROTECTED ASYLUM SEEKERS, AND YET THE AUTHORITIES, YOU KNOW, THEY TRY TO LIMIT THE NUMBER OF ASYLUM SEEKERS, OR THEY WAITLIST THEM, I THINK THAT'S WHAT IT'S CALLED, AND THEY FORCE THEM TO WAIT IN MEXICO BEFORE THEY CAN EVEN...

BUT THERE'S NO WAY FOR THEM TO APPLY FOR ASYLUM IN MEXICO, IT HAS TO BE AT THE BORDER, IT HAS TO BE APPLYING TO COME IN.

SO WHY IS EVERYBODY KIND OF JUST NOT FOLLOWING THE LAW?

>>SOPHIA: WHEN IT COMES TO ASYLUM SEEKERS, WE HAVE SEEN PEOPLE SEEKING SAFETY FREQUENTLY BE MADE THE SCAPEGOAT FOR SOCIETAL PROBLEMS, IT'S AN EASY TARGET TO POINT OUT.

ASYLUM SEEKERS HAVE BEEN TREATED AS THIS MONOLITHIC THING, AND ITS PEOPLE THAT, YOU KNOW, CONSERVATIVES WILL CERTAINLY SAY, ARE BRINGING DRUGS, ARE BRINGING CRIME AND MAKING ALL SORTS OF BASELESS ACCUSATIONS TO DISTRACT FROM THE REAL SOCIETAL PROBLEMS.

>>LORENE: RIGHT, BUT ALSO TO TAR THEM WITH THE BRUSH OF CRIMINALS AND DRUG DEALERS AND ALL OF THAT STUFF, IT TURNS OUT IF YOU LOOK AT THE STATISTICS, THAT IS NOT TRUE.

>>SOPHIA: THAT'S ABSOLUTELY RIGHT.

U.S. CITIZENS ARE THE ONES WHO ARE TRANSPORTING DRUGS THROUGH PORTS OF ENTRY, NOT ASYLUM SEEKERS TRYING TO SEEK SAFETY AND CREATE BETTER LIVES FOR THEMSELVES AND THEIR FAMILIES.

WE ARE REALLY CONCERNED ABOUT WHAT WE HEAR FROM ALL OF OUR CLIENTS WHO CROSS THROUGH MEXICO TO REACH THE SOUTHERN BORDER.

EVERY SINGLE PERSON I HAVE REPRESENTED HAS BEEN KIDNAPED OR EXTORTED OR SEXUALLY OR PHYSICALLY ASSAULTED, ALL ALONG THE JOURNEY UP TO THE SOUTHERN BORDER, BOTH BY MEXICAN LAW ENFORCEMENT OFFICIALS AND CARTELS.

SO PEOPLE ARE SUBJECTED TO REALLY HORRIFIC VIOLENCE AS THEY MAKE THE TREACHEROUS JOURNEY UP TO THE SOUTHERN BORDER.

>>LORENE: I JUST NEED TO.

SO PRESIDENT TRUMP HAS HAD A VERY ILLEGAL TURN BACK POLICY AND METERING OF SEEKERS THAT ONLY SO MANY COULD COME IN.

HE CALLS IT THE MIGRANT PROTECTION PROTOCOLS, WHICH IS AN OXYMORON, IT'S JUST A PARADOXICAL STATEMENT.

BUT AT FIRST, THE SEEKERS REMAIN IN MEXICO AND NOT BE ABLE TO CONTINUE THEIR LAWFUL RIGHT TO SEEK ASYLUM.

CAN YOU TELL ME A LITTLE MORE ABOUT THAT AND THEN WHAT QUALIFIES THE PERSON FOR ASYLUM?

IS IT THINGS LIKE DOMESTIC VIOLENCE OR THE CARTELS ARE GOING TO KILL THEM, I MEAN, WHAT KIND OF THING, TELL ME FIRST ABOUT THE MIGRANT PROTECTION PROTOCOLS AND THEN HOW A PERSON CAN QUALIFY TO GIVE IN SEEKING ASYLUM, BESIDES THEIR NATURAL RIGHT.

I MEAN, ARE THERE SOME THINGS THAT ARE GUARANTEED, DOMESTIC VIOLENCE YOU'RE IN.

>>SOPHIA: SURE.

SO THE MIGRANT PROTECTION PROTOCOLS HAVE BEEN RE-IMPLEMENTED.

THESE WERE IN EFFECT DURING THE FIRST TRUMP ADMINISTRATION WHERE ASYLUM SEEKERS ARE FORCED TO LIVE AND WAIT IN MEXICO AND THEN ATTEND COURT AT BORDER COURTS LIKE EL PASO IMMIGRATION COURT FOR THEIR ASYLUM HEARINGS.

MANY NONPROFITS DOCUMENTED ABUSES THAT WOULD OCCUR, BOTH DUE PROCESS ABUSES AND HUMAN RIGHTS ABUSES, FOR PEOPLE WHO ARE SUBJECT TO MPP.

I MENTIONED EARLIER THE INCREDIBLE DANGER THAT MIGRANTS FACE IN MEXICO.

THEY ARE EXPLICITLY TARGETED FOR VIOLENCE BY LAW ENFORCEMENT AND CARTELS, BUT ALSO THERE WERE A NUMBER OF DUE PROCESS VIOLATIONS.

PEOPLE WOULDN'T RECEIVE NOTICE OF THEIR HEARINGS, PEOPLE COULDN'T ACCESS LEGAL SERVICE PROVIDERS, AND THE VAST MAJORITY OF PEOPLE IN MPP WERE FORCED TO NAVIGATE THE ASYLUM SYSTEM ALONE, NOT TO MENTION THAT ASYLUM LAW DOES HAVE A VERY HIGH STANDARD.

AGAIN, IT'S A VERY COMPLICATED BODY OF LAW THAT'S NUANCED, IT'S NOT A CATEGORY OF PEOPLE ARE GRANTED ASYLUM, IN ANOTHER CATEGORY AREN'T, THERE ARE VERY DISCREET ELEMENTS THAT PEOPLE HAVE TO MEET, EACH INDIVIDUAL ASYLUM CASE IS ASSESSED ON ITS OWN MERIT.

SO IN ORDER TO BE ELIGIBLE FOR ASYLUM, YOU MUST SHOW THAT YOU HAVE SUFFERED PAST PERSECUTION, WHICH IS A SIGNIFICANT LEVEL OF HARM, OR FACE SIGNIFICANT PERSECUTION IN THE FUTURE ON ACCOUNT OF ONE OF FIVE PROTECTED GROUNDS.

THOSE FIVE RECOGNIZED GROUNDS ARE RACE, RELIGION, NATIONALITY, POLITICAL OPINION, AND PARTICULAR SOCIAL GROUP.

SO THIS LAST CATEGORY CAN BE A LITTLE MORE FLEXIBLE, BUT THE COURTS HAVE REALLY TURNED THEMSELVES INTO PRETZELS TO TRY AND ASSESS WHAT DOES IT MEAN TO HAVE ESTABLISHED A PARTICULAR SOCIAL GROUP.

COMMON CATEGORIES HAVE INCLUDED LGBTQI INDIVIDUALS, IT SOMETIMES INCLUDES GENDER, IT SOMETIMES INCLUDES SHARED PAST EXPERIENCES.

IN THE SITUATION OF AFGHANS, FOR EXAMPLE, HAVING PREVIOUSLY SUPPORTED THE US MILITARY EFFORT WAS A PARTICULAR SOCIAL GROUP THAT WAS RECOGNIZED BECAUSE IT'S CLEAR THAT IF THEY RETURN TO AFGHANISTAN, THE TALIBAN WILL TARGET THEM BECAUSE OF THEIR PAST ACTIVITIES.

IN ADDITION TO SHOWING ALL OF THOSE NUANCES, YOU HAVE TO SHOW THAT THE STATE, THE COUNTRY FROM WHICH YOU FLED IS UNABLE OR UNWILLING TO PROTECT YOU FROM THAT VIOLENCE.

SO THERE'S LOTS OF ELEMENTS THAT YOU HAVE TO SHOW TO PROVE THAT YOU MEET THE DEFINITION OF A REFUGEE.

>>LORENE: I WANT YOU TO TELL US WHEN WE SEE A FRIEND OR A NEIGHBOR, BEING ROUSTED BY ICE, MAYBE TAKEN AWAY, WHAT CAN AN OBSERVER, AN INTERESTED PARTY DO, AND WHAT RISK DOES IT PUT THEM AT?

>>SOPHIA: PEOPLE WHO ARE WITNESSING AN ICE ENCOUNTER, A TARGETED ICE ENFORCEMENT OPERATION, HAVE THE RIGHT TO RECORD.

YOU CANNOT IMPEDE THEIR OPERATION, YOU CANNOT INTERFERE WITH IT, SO WE RECOMMEND THAT YOU STAND AT A SAFE DISTANCE, BUT YOU DO HAVE THE RIGHT TO RECORD AND ASK QUESTIONS.

YOU ALSO HAVE THE RIGHT TO TELL THE PERSON WHO'S BEING ARRESTED WHAT THEIR RIGHTS ARE.

REMEMBER, YOU HAVE THE RIGHT TO REMAIN SILENT, YOU HAVE THE RIGHT TO ASK FOR AN ATTORNEY, YOU HAVE THE RIGHT TO HAVE AN ATTORNEY INSPECT ANY DOCUMENTS PUT IN FRONT OF YOU, YOU DO NOT HAVE TO SIGN.

SO THOSE ARE THE THINGS THAT WE'RE ENCOURAGING COMMUNITY MEMBERS TO BEGIN DOING AS ICE ENFORCEMENT OPERATIONS RAMP UP.

>>LORENE: AND I KNOW THAT MANY CASES, THESE DETAINEES WERE FORCED TO SIGN DOCUMENTS IN A LANGUAGE THEY DIDN'T KNOW WHAT THEY WERE DESIGNING, IT WAS NOT THEIR LANGUAGE.

AND THEY SAID, YOU HAVE TO SIGN THIS AND THEY PROBABLY SIGNED AWAY SOME OF THEIR RIGHTS.

>>SOPHIA: THAT'S RIGHT.

>>LORENE: YEAH.

SO AND THEN FOR THE FAMILIES, THIS IS WHAT YOU DO THAT'S SO BEAUTIFUL FOR THE FAMILIES WHOSE FAMILY MEMBER HAS BEEN TAKEN AWAY THAT THEY CAN COME TO YOU.

AND SO I WANT TO BE SURE THAT YOU TELL US HOW PEOPLE CAN CONTACT YOU.

A WEBSITE IS, YOU KNOW, WE CAN PUT IT ON THE SCREEN.

>>SOPHIA: YES.

SO WE CONDUCT WEEKLY, "KNOW YOUR RIGHTS" PRESENTATIONS AT BOTH TORRANCE AND CIBOLA.

THAT'S WHERE WE MEET A LOT OF PEOPLE, PEOPLE WHO DON'T MAYBE HAVE FAMILIES IN NEW MEXICO OR KNOW HOW TO CONTACT US, SO THAT'S ONE WAY WE GET IN TOUCH WITH PEOPLE WHO HAVE BEEN DETAINED.

FOR FAMILIES WHO HAVE EXPERIENCED INTERNAL ENFORCEMENT, THEY ARE WELCOME TO CALL THE NMILC OFFICE AT (505) 247-1023.

OUR PHONE LINES ARE RINGING OFF THE HOOK LATELY BECAUSE EVERYONE IS SO SCARED, EVERYONE WANTS SERVICES, SO WE ASK FOR YOUR PATIENCE IN GETTING AN APPOINTMENT WITH US.

WE ALSO HAVE COMMUNITY PARTNERS WHO ARE SUPPORTING AND GATHERING RAPID RESPONSE, SUCH AS ORGANIZED POWER IN NUMBERS.

THEY WILL SOON BE LAUNCHING A TEXT LINE FOR PEOPLE TO REPORT ICE ACTIVITY, BUT ALSO REQUEST ASSISTANCE IF A LOVED ONE IS DETAINED.

>>LORENE: SO TELL ME, PERHAPS IN THIS SESSION, ALTHOUGH WE DON'T HAVE A BILL NUMBER YET, THERE IS SOMETHING CALLED THE IMMIGRANT SAFETY ACT AND WHAT IS THAT HAPPENING, IS NEW MEXICO ABLE TO SAY WE DON'T WANT DETENTION CENTERS IN OUR STATE?

>>SOPHIA: THAT'S RIGHT.

SO WE ARE INTRODUCING THE IMMIGRANT SAFETY ACT TODAY WHEN WE ARE RECORDING, SO HOPEFULLY WE'LL HAVE A BILL NUMBER BY THE TIME THIS AIRS.

THIS LAW IS QUITE SIMPLE, IT PROHIBITS PUBLIC ENTITIES, NEW MEXICO PUBLIC ENTITIES, FROM ENTERING INTO CONTRACTS WITH THE FEDERAL GOVERNMENT FOR THE PURPOSES OF CIVIL IMMIGRANT DETENTION.

ALL THREE OF THE FACILITIES HERE IN NEW MEXICO HAVE INTER-GOVERNMENTAL SERVICES AGREEMENTS, IGSAS.

THE FEDERAL GOVERNMENT CONTRACTS WITH THE COUNTIES, AND THEN THE COUNTIES HAVE ALL SUBCONTRACTED WITH PRIVATE PRISON COMPANIES TO RUN ICE DETENTION FACILITIES.

SO THESE IGSAS HAVE REALLY ALLOWED THE FEDERAL GOVERNMENT TO SIDESTEP ORDINARY PROCUREMENT REQUIREMENTS, COMPETITIVE BIDDING REQUIREMENTS UNDER THE FEDERAL ACQUISITIONS ACT, WHICH IS TYPICALLY REQUIRED WHEN THE FEDERAL GOVERNMENT CONTRACTS WITH PRIVATE COMPANIES.

BUT INSTEAD USING IGSAS AND USING THE COUNTIES AS SORT OF A PASS THROUGH FOR THE CONTRACTUAL RELATIONSHIP SIDESTEPS TRANSPARENCY REQUIREMENTS AND OVERSIGHT REQUIREMENTS THAT YOU TYPICALLY SEE WHEN PEOPLE ARE IN COMPANIES THAT ARE COMPETITIVELY BIDDING FOR OUR CONTRACT.

WE ARE ASKING OUR NEW MEXICO STATE LEGISLATURE TO BAN THESE TYPES OF ARRANGEMENTS.

THEY ARE VOLUNTARY, THEY ARE NOT REQUIRED UNDER FEDERAL LAW, SO THAT WE ARE NO LONGER COMPLICIT IN THE HUMAN SUFFERING THAT HAS BEEN OCCURRING FOR SO LONG IN OUR FACILITIES.

>>LORENE: AND I KNOW THAT IN THE PAST, SOME OF THESE PRIVATE PRISON SYSTEMS HAVE BEEN ALLOWED TO DEMAND THAT IF WE'RE GOING TO HAVE THESE PRISONS, WE INSIST THAT YOU PUT X NUMBER OF PEOPLE IN THAT MAYBE MORE THAN ARE NEEDED JUST TO MAKE IT MORE PROFITABLE.

>>SOPHIA: THERE'S A VERY CLEAR PROFIT MOTIVE WITH FILLING DETENTION BEDS.

IT'S NO LONGER ABOUT PUBLIC SAFETY, IT'S MAKING PROFITS FOR PRIVATE PRISON COMPANIES, COURTS, CIVIC AND GEO GROUP, WHICH ARE TWO OF THE LARGEST PRIVATE PRISON COMPANIES, HAVE WITNESSED A SKYROCKETING OF THEIR PROFITS AND INVESTMENTS BECAUSE PEOPLE KNOW THAT UNDER THE TRUMP ADMINISTRATION, THERE'S GOING TO BE MORE OF AN EFFORT TO DETAIN MORE PEOPLE.

AND WHERE ARE THEY GOING TO GO, THEY'RE GOING TO GO TO THESE PRIVATE PRISONS.

SO NEW MEXICO HAS THE OPPORTUNITY TO INTERRUPT THAT MASS DETENTION SCHEME, THAT MASS DEPORTATION SCHEME, BY CUTTING OUR CONTRACTS AND NO LONGER ALLOWING NEW MEXICO TO BE INVOLVED IN THE BUSINESS OF IMMIGRANT DETENTION.

>>LORENE: THAT'S A PLEASURE, IT'S WONDERFUL TO KNOW, WE'LL KEEP OUR EYES ON THAT.

BY THE TIME THIS YEAR, WE'LL PROBABLY HAVE THE BILL NUMBER AND WE CAN LET PEOPLE, CONTACT THEIR LAWMAKERS.

IS THERE ANYTHING ELSE THAT WE NEED TO KNOW IN OUR LAST MINUTE THAT REMAINS?

>>SOPHIA: SURE.

I THINK NOW MORE THAN EVER, WE REALLY NEED EVERYONE IN THE IMMIGRANT JUSTICE MOVEMENT, CITIZENS AND IMMIGRANTS ALIKE, WE REALLY NEED TO LIVE UP TO OUR VALUES OF BEING A WELCOMING STATE AND DEMAND THAT THOSE BILLIONS OF DOLLARS THAT ARE GOING TO CUSTOMS AND BORDER PROTECTION AND ICE ARE ACTUALLY BEING REINVESTED IN OUR COMMUNITIES INSTEAD.

MEETING PEOPLE'S BASIC NEEDS LIKE HOUSING, LIKE GROCERIES, LIKE MEDICAL CARE, INSTEAD OF BEING WASTED AWAY ON PRIVATE PRISON COMPANIES WHO PROFIT AND ARE NOT IN OUR STATE.

>>LORENE: RIGHT.

WELL, I WANT YOU TO COME BACK AND GIVE US AN UPDATE, BUT MAY BE A LITTLE WHILE SO THAT WE CAN SEE WHEN THIS BILL PASSES AND HOW IT AFFECTS PEOPLE.

BUT TILL THEN, I THINK IT'S REALLY A GREAT KINDNESS FOR YOU TO COME AND TELL US WHAT'S BEING DONE TO PROTECT, WELL, JUST GIVE US YOUR LAST MISSION STATEMENT, YOUR MISSION IS TO ADVANCE JUSTICE AND EQUITY BY EMPOWERING LOW INCOME IMMIGRANT COMMUNITIES THROUGH LEGAL SERVICE, EDUCATION, ADVOCACY, AND COMMUNITY RESOURCES.

I'M SO GRATEFUL TO YOU FOR COMING AND TELLING US ABOUT IT, AND I HOPE YOU'LL COME BACK IN ENOUGH TIME WHERE WE CAN MEASURE HOW IT'S COMING ALONG.

>>SOPHIA: ABSOLUTELY, THANK YOU SO MUCH FOR HAVING ME.

>>LORENE: WELL, I'M DELIGHTED THAT YOU'RE HERE, AND WE'VE ALL STOOD TO BENEFIT FROM THIS, INMATES, DETAINEES AND REGULAR CITIZENS, SO THANK YOU.

AND I'M LORENE MILLS, I'D LIKE TO THANK YOU, OUR AUDIENCE, FOR BEING WITH US TODAY ON THIS SPECIAL EDITION OF REPORT FROM SANTA FE.

WE'LL SEE YOU NEXT WEEK.

REPORT FROM SANTA FE IS MADE POSSIBLE, IN PART, BY GRANTS FROM THE NEW MEXICO MUNICIPAL LEAGUE, A BETTER NEW MEXICO THROUGH BETTER CITIES AND FROM THE HEALY FOUNDATION, TAOS, NM.

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