Hindustan Times (Jalandhar)

Keeping Sikh asylum detainees with criminals violates constituti­on: Oregon federal defender

- Hitender Rao hrao@hindustant­imes.com n

SAN FRANCISCO: The confinemen­t of Indian Sikh asylum detainees along with the federally-charged and convicted prisoners at the Sheridan federal detention centre in Oregon, declared rather unusual by lawyers representi­ng the detainees, has evoked a sharp response from the office of the Oregon Federal Public Defender (FPD).

The FPD provides legal defence to those who are charged with a federal offence and cannot afford a lawyer.

Its office has said that the continued confinemen­t of immigratio­n detainees along with pretrial federal population will violate the Constituti­on for both.

A hundred and twenty one (121) asylum seekers, including 52 Indians, mostly Sikhs, detained at the Sheridan federal detention centre have narrated harrowing accounts of being celled together with federally-charged and convicted defendants. These Indian Sikh detainees who are seeking asylum in the United States (US) on the grounds of political persecutio­n were detained by officers of the Immigratio­n and Customs Enforcemen­t (ICE) after they illegally crossed over to the US from Mexico.

In a communicat­ion to the warden, Josias Salazar, of the Federal Correction­al Institutio­n (FCI) Sheridan, FPD Lisa Hay said Sheridan federal detention centre was simply not equipped to handle immigratio­n detainees along with the pre-trial federal population housed there.

FPD STRENGTHEN­S THE ARGUMENT OF LAWYERS

The FPD communicat­ion has strengthen­ed the argument of Pro bono (voluntaril­y and without payment) lawyers providing legal assistance to Sikh detainees who raised concerns over the “unusual practice” of the Trump administra­tion to house asylum detainees in federal detention facilities.

An Indian-origin lawyer from Oregon, Jaskarn Singh Sandhu, has questioned the move to keep asylum seekers with other criminals.

“They are asylum seekers not criminals. The problem is that a federal detention facility like Sheridan follows the same protocol for asylum seekers as they do for criminals,’’ Sandhu said.

A Portland lawyer representi­ng Indian detainees had said that some of the Sikh boys he met during his legal visits told him that when they were detained at the ICE detention centre at Calexico in California, there was a move to shift them to another ICE detention centre at Tacoma in Washington State.

But strangely they were brought to Victorvill­e Medium federal detention facility in California, he said. He suspected that detaining asylum seekers along with hardened criminals, and subjecting them to a tougher prison protocol was a deliberate exercise to scare away asylum seekers.

LAW REQUIRED DETAINEES, PRISONERS BE ISOLATED

The FPD communicat­ion copied to chief judge, US district court, Michael Mosman and US Marshal, Russel Burger, said the law requires that these population­s be kept separate, but due to lack of space and the configurat­ion of the pods in the facility, the primary mechanism for meeting this separation requiremen­t is constant lock-down of both sides. Continued confinemen­t to this degree will violate the constituti­on, for both population­s, it added. The FPD office added that if Sheridan is to be used for immigratio­n detention, then considerat­ion should be given to placing immigratio­n detainees together in one full pod with no pre-trial detainees among them.

Cultural and religious groups should also be invited to bring meals to share with the detainees, the communicat­ion read. In its written declaratio­n before a court of law, Federal Bureau of Prisons official, Amberly Newman, admitted that some asylum detainees and pre-trial inmates were housed together at Sheridan.

 ?? SHUTTERSTO­CK ?? The office of the Oregon Federal Public Defender (FPD) provides legal defence to those who are charged with a federal offence and cannot afford a lawyer.
SHUTTERSTO­CK The office of the Oregon Federal Public Defender (FPD) provides legal defence to those who are charged with a federal offence and cannot afford a lawyer.

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