1. Tearing down “new” borders: advocating for the deinstitutionalization of immigrant children and adults
Pilar Gonzalez,
Supervising Attorney
Richard Diaz,
Staff Attorney
Katherine Mathews,
March 29, 2019

2. Immigration Systems Background
Photograph of Yolo Juvenile Detention Facility.
Photograph of large beige, stone building with American flag flying in the background. A stone sign in front says "Yolo County Juvenile Detention Facility."
Immigration Systems Background

3. Detention of Immigrant Children & Teenagers
Adult detention
“New” is not really the accurate term
Updated statistics on detention
What is new: changes in policies

4. Detention of Immigrant Children & Teenagers
It all starts with ORR.
There are five types of placements in California:
Long-term care foster homes
Transitional foster care
Shelter care
Staff-secure facilities
Secure facilities
Separated versus unaccompanied children– a problematic separation of terms

5. Detention of Immigrant Children & Teenagers
DRC currently has four different units (Mental Health, Investigations, Youth, and IDD) looking into the intersection of disability law and immigration
Current projects
Adelanto Detention Center
Orange County jail
ORR shelter monitoring in CA

6. Detention of Immigrant Children & Teenagers
The photograph shows the inside common room of Yolo County Detention Center, a juvenile hall facility. It has light and bright chartreuse brick walls with two small sofa and two metal picnic tables. The photo shows 14 gray doors leading to individual cells-- seven upstairs and seven downstairs.

7. The Institutionalization of Immigrant Children
Factual findings in DRC’s Snapshot Paper
ORR policies and procedures create a system wherein immigrant children and teens with disabilities are disproportionately housed in more restrictive settings.
One reason for “step ups” to the most secure setting specifically listed in ORR policy is whether a child “has committed, threatened to commit, or engaged in serious, self-harming behavior that poses a danger to self while in ORR custody.”
ORR guidelines fail to take into consideration whether a child or teenager’s self-harming or disruptive behavior could be arising from unmet mental health needs, illnesses, or trauma.
DRC found vastly different and inconsistent practices in ORR medical/mental health screening across all California facilities.
Unless or until an ORR-detained child or teen in California enters Yolo Juvenile Detention Facility, the most restrictive housing option, he or she never receives an individualized education program (IEP) screening or any other kind of official screening into their potential special education needs.

8. The Institutionalization of Immigrant Children
Children and teenagers in ORR custody are socialized into institutional behavior upon arrival in the United States
A series of “assessments” including past alleged criminal behavior
Their physical settings and rules
Institutionalization exacerbates mental health concerns: Example of “Juan,” a sixteen year old from Guatemala at BCFS
Lack of identification and important information combined with step-ups and step-downs with no due process lead to negative immigration consequences

9. The Institutionalization of Immigrant Children
Yolo Juvenile Detention Center
The consequences of placement issues
The consequences of what happens to a stepped up child or teen
Personal observations during our monitoring

10. Use of Disability Law to Fight Immigration Policies
DRC advocates using a different lens from jail cases
Discuss the punitive conditions
An analysis of vulnerable populations
Franco cases

11. Use of Disability Law to Fight Immigration Policies
Recreation Cages for Special Management Unit (Adelanto West Facility). Photo shows an outdoor cement completely enclosed cage area. It looks like a perverse batting cage.

12. Use of Disability Law to Fight Immigration Policies
Men’s Disciplinary Segregation Unit (Adelanto West Facility)
This photo depicts a long hallway in the segregation unit. There is little light and the photo shows seven solitary cells.

13. Thank you! Pilar Gonzalez, Supervising Attorney
Richard Diaz, Staff Attorney II
Katherine Mathews, Staff Attorney I
Disability Rights California
350 S. Bixel St., Ste 290
Los Angeles, CA 90017
1831 K Street
Sacramento, CA 95811