Professional Documents
Culture Documents
You must not circulate this work in any other form and you must impose this same
condition on any acquirer.
Library of Congress Cataloging-in-Publication Data
Names: Zayas, Luis H., author.
Title: Through iceboxes and kennels: how immigration detention
harms children and families / by Luis H. Zayas.
Description: New York: Oxford University Press, [2023] |
Includes bibliographical references and index.
Identifiers: LCCN 2022040690 (print) | LCCN 2022040691 (ebook) |
ISBN 9780197668160 (Hardback) | ISBN 9780197668184 (epub) | ISBN 9780197668191
Subjects: LCSH: United States—Emigration and immigration—Government policy. |
Immigrant families—Government policy—United States. |
Noncitizen children—Government policy—United States. |
Noncitizen detention centers—United States—History. |
Detention of persons—United States. | Unaccompanied refugee children—Care—United
States. |
Psychic trauma in children—United States. | Post-traumatic stress disorder in children—
United States.
Classification: LCC JV 6483 . Z 394 2023 (print) | LCC JV 6483 (ebook) |
DDC 325.73—dc23/eng/20221024
LC record available at https://lccn.loc.gov/2022040690
LC ebook record available at https://lccn.loc.gov/2022040691
DOI: 10.1093/oso/9780197668160.001.0001
For Charlotte and Abigail, who taught me a greater love.
And to all the brave mothers and fathers who endured
losses and sacrificed everything to cross their children to
safety.
In the depths of darkness
On the verge of losing all hope
One still maintains a little glimmer of hope
Deep down inside
A tiny light
About the size of a speck
Like a distant star
Is spotted on the horizon this dark night.
Behrouz Boochani
Contents
Introduction
This book quotes and paraphrases many children and their mothers
who spoke to me and my research team. At times, the book quotes
women and kids who spoke to the press, sometimes identified by
name, often not. The names of those families I met have been
changed to protect their privacy and identities and to protect the
children, siblings, spouses, partners, parents, neighbors, friends, and
extended families they left behind or have in the United States. The
locations and names of their Central American towns and villages
have also been changed to guard against anyone being identified
and exposed to reprisals from the very people who drove their loved
ones into exile. What has not been altered are the gender, ages, or
countries of origin of the persons who spoke to us. To place the
stories in context, I add historical, political, economic, social,
psychological, and legal commentary.
The only real names that are mentioned in this book are those of
persons in public roles, such as experts, attorneys, and judges
whose names appear on legal documents or news reports. When the
names of my collaborators and colleagues appear, it is with their
permission. There are some children and parents who have been
identified publicly, but I chose not to disclose their names or other
identifying information if it seemed that discretion was best.
In trying to present the stories accurately, I have stayed as true
to the words of the speaker as possible and tried to convey the
styles and manner of speech of the persons narrating the stories. In
passages when I work from my recollection or my students’
recollections of experiences with children or parents, I use
paraphrasing or limited quotes if part of the recollection included
words or phrases that stuck in our memories. Occasionally, I
condense sentences for the sake of brevity. Sometimes, I
resequence words and comments or correct the grammar to make
their statements clearer and easier to comprehend. When a child or
parent used a Spanish proverb, adage, colloquialism, or creative
form that is striking, evocative, metaphorical, or simply engaging, I
present it in Spanish with an English translation.
The families depicted in this book all sought asylum, the legal status
which I use to refer to them. When referring to persons who entered
the country without asking for asylum or without legal documents or
permissions, I use the terms undocumented immigrant and
unauthorized immigrant. They are persons who entered the country
without permission or other legal documents or who entered with
the proper documents but stayed beyond the time the permission
allowed, such as after their visa has expired. Although my focus is
on families, there are times when the term unaccompanied children
appears. They are children who have no lawful immigration status in
the United States and are not yet 18 years of age. They might not
have a parent or legal guardian in the United States or anyone who
can provide care and physical custody.1
When referring to nationalities I use the names of their countries
and nationalities—Salvadoran for those from El Salvador, Guatemalan
for those from Guatemala, Honduran for those from Honduras, and
so on. They may also be described as being from Central America or
from the Northern Triangle countries of Central America. When
including them in the large segment of our population who claim
ancestry and heritage in Latin America, I use the term Latino or
Latina or Hispanic.
The term maras or mara will appear often in the stories told by
families. Maras is short-hand for Mara Salvatrucha, sometimes
known as MS-13, that originated with the Salvadoran gangs in Los
Angeles in the 1970s and 1980s and became an international
criminal organization. Maras has become the referent to any
organized gang or local gangs. Whether a gang is part of MS-13 or
its rival, the 18th Street Gang, or a group of village thugs, the
people of Central America use maras to refer to any gang that
terrorizes them. The Spanish word for gangs, pandillas, is used
sometimes, primarily when the term is used by those I quote. Other
common Spanish terms, some colloquial, also appear, such as hielera
(icebox, freezer), perrera (kennel, dog pound), and migra (a
reference to migration officials of any country). Using them offers a
ring of authenticity to the speech patterns and idioms used by Latin
American migrants.
Note
1. US Department of Health and Human Services, Office of Refugee
Resettlement, 2012.
Introduction
shows a migrant and his less than 2-year-old daughter lying face down in the
murky waters on the Mexican side of the Rio Grande. The girl’s right arm rests
across the back of her father’s neck. . . . The image encapsulated the grim
reality of the border amid the growing desperation of migrants fleeing poverty
and crime in Central America and elsewhere who are willing to face great
dangers—at times with children—for a shot at a better life in the United
States.14
Notes
1. Congressional Research Service, 2019.
2. US Customs and Border Protection, 2020.
3. Finnegan & Barabak, 2018; Hirschfeld Davis & Shear, 2019.
4. Yen & Long, 2018.
5. Retrieved from the United Nations High Commissioner for Refugees
Population Statistics Database, https://www.unhcr.org/refugee-statistics/.
6. Galvan, 2014.
7. US Department of Homeland Security, 2015. Between 2008 and 2015, the US
Customs and Border Protection recorded a 561% rise in unaccompanied and
separated children apprehended at the border.
8. United Nations High Commissioner for Refugees, n.d.
9. United Nations High Commissioner for Refugees, 2015.
10. The others in the prison–industrial complex include suppliers of goods and
services such as construction companies, surveillance and corrections
technology vendors, food service companies, for-profit medical companies,
unions, and lobbyists. For more on the prison–industrial complex, see
Alexander, 2010. For details on immigration detention, see Ebert et al., 2020;
Haberman, 2018; Young, 2021.
11. Soboroff, 2020, p. xix.
12. Vinograd & Omar, 2015; Katz, 2021.
13. Le Duc, 2019.
14. Linthicum, 2019.
PART I
THE STATE OF AFFAIRS
1
The Poet, Heroic Mothers, and Cash Cows
The southerly drive from Austin to Karnes City, Texas, takes about 2
hours. The first half-hour or so is on Interstate 35, traveling past car
dealerships, fast food restaurants, and outlet malls. Leaving I-35
around about San Marcos, you take State Route 123 past front
yards, farms, ranches, and “the graveyards of rusted automobiles,”
as Johnny, Arlo, and Willie sang.1 Small towns along the way are
steeped in Texas history. One of them is Geronimo, known for its
annual barbecue and chili cook-off. Then comes Seguin, established
in 1838, once a frontier stop for the then-12-year-old Texas Rangers
patrolling a three-county area. After Seguin, you go past Stockdale,
which describes itself as a “friendly little town” and host to the
annual Watermelon Jubilee since 1937, one of the oldest watermelon
festivals in Texas. Route 123 brings you straight into Karnes City, a
town occupying a more recent seat in Texas history.
Like any drive I have taken on unfamiliar country roads, the first
trip to Karnes City was slow; it took longer than any other time that
I drove there. It all started with a call from a lawyer with the
National Center for Youth Law in Oakland, a non-profit law firm with
a 30-year history of advocating for immigrant children in federal
immigration detention. She was leading a group of legal advocates
from Oakland, California; Austin, Texas; and other parts of the
country to visit a family immigration detention center in Karnes City.
The call had come unexpectedly, without a lot of detail; but it was
urgent. The information I could gather from the conversation was
that the group had filed a request with the US Department of
Homeland Security to look at and assess the conditions of the
immigration detention center in Karnes that held asylum-seeking
mothers and children. The lawyers’ group had been granted
permission. Someone who knew my work with immigrant children
had recommended me as an experienced mental health professional
who had worked for years with immigrant children and parents.
Could I join them in 2 days? Was I in or not?
Truthfully, I did not know what it was I was supposed to do when
I got to the detention center at Karnes. I was full of anxiety about
entering an immigration detention center to see incarcerated families
and children. I had visited a state maximum-security prison once.
But a prison for families with children? Never. This would be my first.
I signed on. I just wasn’t quite clear of what it was I would be
expected to do or contribute, but I knew this was important. It left
me a little nervous but undeterred. I joined the group made up of
human rights and immigration lawyers as the mental health and
child development specialist. The only red tape required to enter the
detention facility was that I furnish a copy of my driver’s license,
social security number, and other contact information to US
Immigration and Customs Enforcement (ICE), a division of the
Department of Homeland Security that is responsible for enforcing
immigration laws at the border and within the interior United States.
ICE has authority to investigate border violations and apprehend,
detain, and remove anyone who enters the United States without
permission.2 Two days later I hit the road at 6:00 in the morning,
just to make sure I arrived by 9:00. Besides being a maiden trip on
new roads and towns, my anticipation made the drive feel longer.
I drove down I-35 and Route 123, fueled by caffeine, anticipation,
and anxiety. Thoughts, ideas, questions, scenarios, and plans sped
across my mind faster than usual. My brain was doing what brains
do in the absence of facts: fill-in the gaps, hypothesize about
uncertainty, concentrate attention, and prepare with conjured
scenarios and questions. The answers that formed to close the holes
vanished as quickly as they appeared. What I could hold on to was
the humanitarian operation, vague as it was, but one that was
nothing less than a call to duty. Only the confidence in my expertise
on the psychological conditions of immigrant kids and parents
calmed me that day, and every visit after. On August 19, 2014, I
didn’t know that this 2-hour drive would be a trip I would take many
more times, much less that it would change the direction of my life.
Still less known to me was that this and subsequent visits, meetings,
interviews, conversations, investigation, readings, teaching and
public speaking, and musings would lead to a book examining the
plight of asylum-seeking parents and children. The book that
emerged would present a framework through which we could
understand the stages of migration and reveal the layers upon layers
of stress and trauma heaped on migrants, a process that began in
their home countries and spanned several thousand miles.
Karnes became the place in which I saw first-hand how the
mental health of children and mothers was incubated, damaged or
exacerbated, and set into unhealthy trajectories. It was at Karnes
County Family Residential Center, and later at the South Texas
Family Residential Center in Dilley, that I would truly understand how
an environment of fear and deprivation worsens the stresses and
traumas of home-country violence and migration. In Baby Jails: The
Fight to End the Incarceration of Refugee Children in America,
Georgetown University law professor Philip Schrag captures how
different the Dilley detention center was in comparison to Karnes.
[They] were also concerned about the water. Fracking in other areas of Texas
produced “millions of gallons of contaminated wastewater” that was trucked
to the town of Dilley and dumped into abandoned wells that were
“repurposed as ‘disposals’ for the toxic mix.” The officers and medical staff
reportedly drank bottled water, and volunteer lawyers were also cautioned to
drink only bottled water, but the mothers and children had to drink tap water.4
Finding a hotel room in Karnes on my first visit and the times after
took planning. Nearly every motel and hotel room within miles was
booked months in advance by the fracking companies to house the
hundreds of young men in search of fast money and adventure.
Outside of every restaurant and bar there were pickup trucks with
large, muddy tires. Inside the bars and restaurants were the strong
young men who drove the pickups—making brisk fortunes and
spending them almost as quickly, much like the thrill-seekers of the
California gold rush of 1849 or the oil wildcatters of the 1870s.
When I arrived and met up with my fellow visitors, I learned that
we would be toured through the facility by ICE and the GEO Group
(GEO) prison officials, allowed to question some staff, and permitted
to interview the detainees, both mothers and their children. As the
only mental health professional in the delegation, my job was to talk
to mothers and children, to hear their stories, and to gauge how
they were coping. The detainees could also tell me how the
government and prison operator were treating them.
The Karnes County Family Residential Center, as it was called at
the time, is a prison, plain and simple. Calling it a “family residence”
to evoke the image of a quaint lodge didn’t fool anyone that it was
anything but a prison. From the parking lot, you see a large entrance
painted blue with 20-foot walls stretching left, right, and back to
enclose the part of the 29-acre facility that is actual prison space.
You can’t see in. Detainees cannot see out. There are no windows
for those inside to watch people walking their dogs or jogging or
cars speeding by or even see the sun rise or set on the horizon. The
walls confirm that Karnes is a prison for families.
In July 2014, ICE decided to convert what was originally a county
prison into one that would house women and children who had
arrived at the US–Mexican border asking for asylum. Karnes was the
first ICE detention facility built from the ground up, according to
ICE’s online Key Facts.5 The building forms a large rectangle, with
the front section of the interior taking up the largest portion of its
space. It has three wings that run perpendicular to the front section,
each two stories tall and with outdoor spaces in between where
detainees can walk and play. Operating Karnes at the time involved a
series of contracts. ICE contracted with Karnes County government
to run the detention center under an intergovernmental service
agreement. In turn, Karnes County subcontracted the day-to-day
work to GEO, a private prison company that has been in the
corrections field for over 30 years, not all of these with a clean
record.6 Except for fracking there aren’t many jobs in Karnes City
and County. Through GEO, locals find steady employment. Working
for GEO in the detention center was the only good employment
available, and, it seemed, not a lot of training was needed.
As recently as February 2019, the ICE web page boasted that the
Karnes detention center is “a significant milestone in the agency’s
long-term effort to reform the immigration detention system,” a
dubious assertion since reforming the immigration detention system
is not a mission that we commonly associate with ICE. Its family
residential facilities are described as an “effective and humane
alternative to maintain family unity as families await the outcome of
immigration hearings or to return to their home countries.” ICE
asserts that its residents have freedom to move about from 6:00 in
the morning to 10:00 at night and use the outdoor recreation areas
and indoor playrooms. I heard stories of headcounts and demerits if
teenagers were in their mothers’ cells rather than their own in the
adolescent wing. It didn’t feel like freedom to them.
The Karnes cafeteria provides three meals per day and is open
from 6:00 in the morning to 7:00 in the evening, according to ICE.
But the detainees did not like the food. They would instead go to the
commissary where a 10-ounce package of powdered milk sold for $5
—contrast this to $8 for 26 ounces at the local supermarket. At
every visit to the commissary, mothers and children were snapped at
by the grosera (rude) lady who ran it. One mother told me of an
incident in the cafeteria when she was about to place bread in a
toaster for her child. A female prison guard pushed her aside to get
to the toaster for her own bread, saying to the woman and others
waiting their turns, “Muévanse, muertos de hambre,” which
translates roughly as “Move aside you starving wretches.”
The women and children we would meet, mostly from the Central
American countries of El Salvador, Guatemala, and Honduras, were
seeking asylum, a perfectly legal act. Every mother I met knew she
had to request asylum.7 They were under no illusion that they could
enter the United States with impunity. If they entered through an
official checkpoint, such as a bridge, road, airport, or seaport, they
could request asylum with ICE officers. If families crossed the
borders with Mexico or Canada or entered the United States by sea
at a location that was not an official checkpoint, they were more
likely to encounter a Customs and Border Protection (CBP) officer.
Either way they were passed on to ICE when apprehended.8
To be eligible for asylum, individuals must meet the definition of
refugee as described in the Immigration and Nationality Act of 1965
(INA). Section 101(a)(42)(A) of the INA defines refugees as
individuals who are outside of their home country and are unable or
unwilling to return to it because of persecution or a “well-founded
fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion.” An
asylum seeker is a person who may meet the definition of refugee
but is already in the United States or at its border or other port of
entry seeking recognition.
After an asylum seeker arrives in the United States, immigration
authorities take them into custody and begin the process of
establishing the person’s eligibility for asylum. Parents undergo a
credible fear interview (CFI), which is conducted by an asylum
officer who asks formal questions and other questions that might
arise during the interview in response to information given by the
asylum seeker. With the information in hand, the officer determines
if the individual and their family can apply for asylum protection. In
recent years, many of these interviews have been conducted by
telephone or online video conference with an asylum officer at some
distant place, perhaps in an office several states away. The number
of asylum applicants has far outpaced the number of officers
available to conduct CFIs. Sometimes, a Spanish interpreter may
participate in person or by telephone if the officer is not fluent. In
other increasingly common situations, the need for an interpreter
skilled in a rare Indigenous language may be needed, invariably
provided by telephone or video conference. This need may delay the
process until an interpreter is found. Essential to the CFI is that
applicants share any information that can support their asylum
claim. While US immigration laws allow the mothers I met to ask for
asylum, they bore the burden of proving that they had a credible
fear of persecution or torture to qualify for asylum. Communication
and cultural differences sometimes created chasms between
interviewers and migrant women, especially on discussions of rape,
incest, and sexual abuse. This is especially acute in interviews with
male officers. Even when asked directly and assured that it was a
difficult but necessary topic, the women might not confirm their
experiences. This was compounded when there was more than just
the interviewer, such as an interpreter, male or female. Often, both
women and men who have been the victims of sexual assaults and
rapes feel ashamed and do not provide detailed information out of a
sense of humiliation. Omitting critical information about rape and
Another random document with
no related content on Scribd:
And his voice was lost as the door closed behind him.
Jane said, "I don't want to hear this, Jason. But...."
Instantly, the voice boomed, "God, he's at the window! And he has a
knife! What can I do? What can I do? Father, father, I'm your son! He
knows it, he knows it, yet he's going to kill me. The window! He's
breaking it! Oh, Lord, he's been locked up for nineteen years, ever
since he shot and killed my mother and all those men and I was born
a Caesarean and I didn't know he'd escape and still want to kill me,
though they told me that's all he talked about, raving mad, and...."
THE END
*** END OF THE PROJECT GUTENBERG EBOOK HOW DEEP
THE GROOVES ***
Updated editions will replace the previous one—the old editions will
be renamed.
1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside the
United States, check the laws of your country in addition to the terms
of this agreement before downloading, copying, displaying,
performing, distributing or creating derivative works based on this
work or any other Project Gutenberg™ work. The Foundation makes
no representations concerning the copyright status of any work in
any country other than the United States.
• You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
about donations to the Project Gutenberg Literary Archive
Foundation.”
• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.
1.F.
1.F.4. Except for the limited right of replacement or refund set forth in
paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of
other ways including checks, online payments and credit card
donations. To donate, please visit: www.gutenberg.org/donate.
Most people start at our website which has the main PG search
facility: www.gutenberg.org.