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LAWSUIT: CALIFORNIA PRISONS TARGET ‘FOREIGN-BORN’ INMATES


A correctional officer closes the main gate at San Quentin State Prison in San
Quentin, Calif., July 9, 2020. California’s corrections agency routinely refers
inmates who appear to be “foreign-born” to federal immigration authorities even
if they are U.S. citizens … more >
‌ By Associated Press - Friday, April 28, 2023

SAN FRANCISCO — California’s corrections agency routinely refers inmates who
appear to be “foreign-born” to federal immigration authorities even if they are
U.S. citizens and lawful residents, with some improperly detained by the
government for weeks after their sentences, said a lawsuit filed in state court
Thursday.

The lawsuit by the American Civil Liberties Foundation of Northern California
also says that inmates singled out as being born outside the U.S. are denied
access to rehabilitative programs.



Lawyers representing former and current inmates said in a news release
announcing the lawsuit that California’s policies and practices target
immigrants and refugees based on place of birth, race and other prohibited
classifications.



Corrections officials refer hundreds of people each year to U.S. Immigration and
Customs Enforcement, known as ICE, for possible deportation, even those born in
the U.S., the lawsuit states.

A spokesperson for the California Department of Corrections and Rehabilitation
said they are reviewing the filing.

‌


According to the complaint, Brian Bukle was referred to ICE because he was born
outside the country even though corrections records indicated his status as a
U.S. citizen. He was transferred into ICE custody at the end of his sentence in
June 2020 - missing Father’s Day with his son - and was released after more than
a month only after an immigration lawyer intervened.

Corrections officials also flagged another plaintiff, Anouthinh “Choy”
Pangthong, to ICE even though he is a U.S. citizen born in a refugee camp. He
spent nearly 19 years in prison fearing deportation and needed an attorney to
remove the federal hold, the complaint states.



Pangthong said in a statement that at one point he almost hoped to stay in state
custody “to just avoid being ripped apart from my home and family. Deportation
would mean losing my loved ones and a life rooted in the community and state I
call home.”

The complaint states that the state agency’s department operations manual
directs staff to refer inmates who are foreign-born to federal immigration
authorities for possible deportation, even though many people born abroad are
naturalized U.S. citizens or permanent residents who cannot be deported.



The complaint filed in Alameda County provides examples of inmates, some
identified only by their initials, denied access to re-entry and other
rehabilitative programs because they were flagged as foreign-born.

Copyright © 2023 The Washington Times, LLC.



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