Protecting incarcerated people from the ‘prison-to-ICE deportation pipeline’

This story was originally published by Prism.

About 70% of the people who are currently in Immigration and Customs Enforcement (ICE) custody were transferred from the carceral system, often the same day that they completed their sentence and were formally released from prison or jail. According to California-based advocacy group Freedom for Immigrants, in California alone, this “prison-to-ICE detention pipeline” funnels some 1,500 incarcerated people per year into immigration detention centers the moment they have finally secured their release from prison.

Last month, Freedom for Immigrants launched a first-of-its-kind helpline designed to help incarcerated people who are vulnerable to being transferred by ICE following their release. The helpline, called Project Keep Away, is available free of charge to individuals incarcerated at two California prisons: Central California Women’s Facility and California Institution for Women. It is available Monday through Thursday, from 10 a.m. to 8 p.m. While Project Keep Away does not offer legal services, helpline staff are available to share information about how to reduce the likelihood of being transferred by ICE, as well as advice and recommendations on how to proceed in the case that ICE detains callers.

The prison-to-ICE deportation pipeline begins even prior to incarceration when an arrest by local or state law enforcement triggers an “ICE hold,” or immigration detainer, according to Laura Hernandez, executive director of Freedom for Immigrants. If convicted and incarcerated, the ICE hold follows an individual for the duration of their sentence, thus enabling ICE to pick them up and detain them once they have completed their sentence. Often, prison systems facilitate these ICE transfers by calling immigration officials and notifying them of an individual’s release. This direct cooperation between prison officials and ICE underscores how deeply connected the carceral system and immigration detention systems continue to be.

The idea for the Project Keep Away helpline was borne out of Hernandez’s own experience being incarcerated and navigating the prison-to-ICE detention pipeline. This included having to complete paperwork in prison without understanding how the system operated and without anyone present to help answer her questions.

“There was so much running in my mind. What should I say? What should I not say? I didn’t want to put myself in a worse position,” Hernandez told Prism. Both her personal experiences and the relationships she’s nurtured and sustained with friends who remain inside illustrated to Hernandez the need for more access to information that could help people make more confident decisions and quell some of their fears.

“If we know our rights and we know how to navigate a situation, we’re less likely to harm ourselves inadvertently in the process,” she said. “Knowledge is power.”

While Project Keep Away helpline volunteers are trained and prepared to provide general information, Hernandez said that the goal is to reach individuals at two specific stages of their incarceration: those who have just gotten to prison and are still within a 90-day window of being convicted, and those who are at the tail end of their sentence.

Those in this first stage are particularly significant to Project Keep Away because there is a possibility that they could still be resentenced and receive a conviction that does not draw immigration consequences. According to a Title 15 statute, Hernandez said, individuals can request for a judge to resentence them within 90 days of their conviction. Since only specific charges trigger immigration consequences for individuals, resentencing can make a profound difference in someone’s vulnerability to later deportation by ICE.

For example, Hernandez said a DUI in California can carry immigration consequences while a similar “wet reckless” charge does not. If an incarcerated individual can successfully petition a judge to reduce their DUI to a wet reckless charge, they could also evade the likelihood of being placed on a detainer by ICE.

At the other end, Hernandez said that individuals with ICE holds who are at the tail end of their time inside often express panic over the fact that they have no idea what to expect once they are released.

While Freedom for Immigrants hopes to expand access to the helpline to other prisons across the state, it is currently working to provide more in-person educational resources inside the two facilities where the helpline currently operates.

Hernandez hopes to keep emphasizing the humanity of those involved in the system.

“We’re talking about family members here. Human beings,” Hernandez said. “If we can block even one transfer, it’s all worth it. If we can block someone from being caught in the deportation dragnet and reuniting their families and reclaiming their power, that goes a long way.”

Prism is an independent and nonprofit newsroom led by journalists of color. We report from the ground up and at the intersections of injustice.