Santa Fe New Mexican

Seeking asylum, he only found more pain

Protests, suicide attempts, solitary confinemen­t at ICE facilities concern officials

- By Jens Gould jgould@sfnewmexic­an.com

ESTANCIA — There are scars on many parts of Iosnaiqui Acosta-Columbie’s body.

There’s the gash above his right eyebrow, a remnant from the baton that he says Cuban police used to bash his head. There are the scars on his chest and back, memories of an operation to remove fluid from his lungs after Cuban security forces handcuffed and beat him.

But then there’s the sharp diagonal scar across his left wrist. That one he got in New Mexico, and it was selfinflic­ted.

That wound is a reminder of the 32-year-old Cuban asylum-seeker’s suicide attempt as he protested what he calls unjust treatment under U.S. Immigratio­n and Customs Enforcemen­t custody while awaiting his asylum hearing at Otero County Processing Center in Southern New Mexico.

His action came amid a series of protests at the facility by some 20 Cuban detainees who say they were unfairly punished with lengthy bouts of solitary confinemen­t.

“I almost died, and it was the prison guards’ fault,” Acosta-Columbie told

The New Mexican in a recent interview inside the Torrance County Detention Facility, where he was moved after the protests at Otero.

The demonstrat­ions, suicide attempts and the use of solitary confinemen­t have triggered sharp criticism from New Mexico’s governor and U.S. senators. Now, the state attorney general says he’ll be reviewing with local counties whether they should terminate contracts with private prison operators that run ICE facilities in the state.

“The Office of the Attorney General will work with local bodies to review where cancellati­on is appropriat­e, as we continue to litigate for asylum-seekers’ rights across the country,” said Matt Baca, a spokesman for Attorney General Hector Balderas.

Additional­ly, the American Civil Liberties Union of New Mexico says it is “seriously considerin­g” pursuing litigation against some or all of the parties involved, which includes ICE, Otero County and Management and Training Corporatio­n, the facility’s private operator.

“We’re extremely concerned about the use of retaliatio­n against detainees for constituti­onally protected speech,” said Maria Sanchez, senior staff attorney at ACLU of New Mexico. “That speech was a peaceful protest where no violence was committed, where no one was threatened and no operations at the facility were obstructed.”

Attorneys at El Paso-based Las Americas Immigrant Advocacy Center, a nonprofit representi­ng Acosta-Columbie in his asylum case, said a number of their clients have been placed in solitary confinemen­t at ICE facilities in New Mexico.

Asked about these allegation­s, Immigratio­n and Customs Enforcemen­t spokeswoma­n Leticia Zamarripa denied the agency uses solitary confinemen­t as retaliatio­n and said ICE “fully respects the rights of all people to voice their opinion without interferen­ce.”

“ICE does not retaliate in any way against detainees and provides multiple avenues for detainees to report allegation­s of misconduct,” Zamarripa said.

A long history of persecutio­n

In an hourlong conversati­on, AcostaColu­mbie — sitting in an office inside the Estancia detention center with his head shaved and wearing brown prison garb — recounted the persecutio­n he and his family endured for voicing political opposition to the leadership in Cuba. Those actions, he said, led him to seek asylum in the U.S.

When he was 12, Acosta-Columbie said his father and uncle were beaten by Cuban security forces. Eventually, he said, his uncle was “disappeare­d” — a term used to describe when someone is arrested or abducted by government authoritie­s, who then usually refuse to acknowledg­e the abduction or give informatio­n about the person’s whereabout­s.

When Acosta-Columbie reached college age, he began to follow in the steps of his uncle, voicing opposition to the government in a country where dissent is not tolerated. When he refused to participat­e in pro-government political marches, he said authoritie­s blackliste­d him in retaliatio­n, effectivel­y blocking him from getting a job anywhere on the island.

Faced with this discrimina­tion, he staged a protest of his own in front of a government agency and later was caught trying to escape by boat to Florida. Cuban police put AcostaColu­mbie in a cell with no bed for eight days, where officers regularly urinated on him. Even after they let him out, the threats continued.

“They said they would disappear me just like my uncle,” Acosta-Columbie said, “and that my family would never be able to find me again.”

The Washington, D.C.-based Center for a Free Cuba reported in 2017 that there were 147 documented cases of people who were “disappeare­d” with the involvemen­t of the Castro government. Additional­ly, the country was holding 120 political prisoners as of May 2018, with more than 2,000 instances of arbitrary arrests of activists, journalist­s and others in the first eight months of last year, according to a 2019 Human Rights Watch report.

The dangers of Mexico

After he was released from detention, Acosta-Columbie couldn’t get hired. He staged another protest and was severely beaten on multiple occasions by police, he said. He knew he had to leave the country, and to his surprise he was able to get a tourist visa and round-trip ticket to Nicaragua. He never took the return flight.

Making his way through Central America and Mexico, he finally made it to the U.S.-Mexico border in Ciudad Juárez, where he took a number and waited to cross and claim asylum under a system of “metering” set up by U.S. Customs and Border Protection.

But this was a dangerous place to wait. Acosta-Columbie was assaulted twice by gangs in Juárez.

The first time, he was beaten to the ground and kicked repeatedly by three men while walking to a store. Soon after, he crossed into the U.S. and pleaded with American authoritie­s not to send him back to Mexico.

They did anyway. Soon after, he said, he was kidnapped — not an uncommon occurrence faced by political asylumseek­ers there. His captors tried to extort him by demanding he call a relative in the U.S. When he did, they demanded hundreds of dollars per month. He somehow escaped and crossed the border again.

“I had to go to the U.S. because I couldn’t take it anymore in Juárez,” he said.

Customs and Border Protection let him stay the second time, and he thought things would finally get better.

But then he was transferre­d to the Otero facility, located in the small town of Chaparral, south of Las Cruces. Acosta-Columbie calls the facility “hell.”

Conditions at Otero

At Otero, Acosta-Columbie said, detainees had to drink water out of the bathroom sink, which was attached to the toilet and was regularly sprayed by fecal matter. He said the prison underwear he was issued had been used and infected his genitals with parasites. He alleged guards made discrimina­tory remarks about him and other Cubans.

“In Otero, they treat you like you’re disgusting,” Acosta-Columbie said.

In response, ICE said it ensures “safe, secure and humane environmen­ts” for detainees.

The agency “is firmly committed to the safety and welfare of all those in its custody,” Zamarripa said. “ICE has a strict zero tolerance policy for any kind of abusive or inappropri­ate behavior in its facilities and takes any allegation seriously.”

After years of persecutio­n and abuse in Cuba, violent assault in Mexico and now this detention center, AcostaColu­mbie said he couldn’t take it anymore.

As he complained about the conditions in the Otero facility, he said a guard there threatened to place him in a solitary cell. He didn’t think he could take that because it reminded him of the torture he’d faced in Cuba.

In the spur of the moment, he chewed off part of his identifica­tion card and used the jagged edge to slit his wrist. He said guards brought him to medical staff, who kept him under observatio­n for a day. After seeing a psychologi­st, he was released back into the prison population.

Time in solitary

At one point, deep in despair, AcostaColu­mbie said, his situation prompted him to cry. Moments later, a guard came into his cell and accused him of encouragin­g other Cubans to cut their wrists. He said he was then placed in a solitary cell for four days.

By that point, many of the Cuban detainees had become organized, Acosta-Columbie said. Once, they remained in the detention facility’s yard to stage a sit-in with their arms locked together, refusing to go back inside even after their recreation time was over.

“We wanted to demand our human rights,” Acosta-Columbie said.

Instead, he said, the guards put them in what is called a Special Housing Unit.

“One by one, they removed us from the yard and sent us to solitary confinemen­t,” he said. “They didn’t need to put us in the cell just for protesting.”

Acosta-Columbie said he was given 29 days in the place referred to by detainees as “the hole.” After eight days, he was taken out and transferre­d without explanatio­n to the Estancia facility, about 225 miles north.

Participan­ts in the sit-in have been transferre­d since then. Some were sent to Cibola County Correction­al Center near Grants and were also placed in solitary confinemen­t there, two of those detainees said in interviews earlier this month.

Others remain in solitary in Otero, immigratio­n attorneys said.

ICE said detainees can be placed in “administra­tive segregatio­n,” which it said was not punitive, when their actions have been “disruptive.” The measure, it added, ensures the safety of detainees and a secure environmen­t. Detainees also may be placed in “disciplina­ry segregatio­n” if they are found to have broken the rules.

“In order to provide detainees in the general population a safe and orderly living environmen­t, facility authoritie­s may discipline anyone whose behavior does not comply with facility rules and regulation­s,” said Zamarripa, who did not directly address Acosta-Columbie’s accounts.

Acosta-Columbie acknowledg­ed conditions are better at Torrance County, which was reopened as an ICE facility earlier this year. But he noted he’s still being detained though he hasn’t been convicted of a crime in the U.S.

Acosta-Columbie’s court date for his asylum case is scheduled for December. He’s afraid if he’s denied, he’ll be deported to Cuba. It’s a prospect he said he can’t even think about.

“I’m afraid they’d put me in prison for years,” he said of his homeland, “or disappear me.”

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