abuses

WASHINGTON — Dozens of people held at a sprawling Immigration and Customs Enforcement facility in Texas say they were either beaten by guards or witnessed others being beaten, according to a new report issued by legal and human rights advocates.

The 84-page report issued jointly Wednesday by Human Rights Watch and the American Civil Liberties Union also says men and women held at Camp East Montana, located at the U.S. Army’s Fort Bliss in El Paso, recounted being denied necessary medical care, forced to live in filthy conditions and fed inedible meals. Detainees also said they were prevented from contacting their lawyers or family members.

Of the 71 detainees contacted over a five month period, 64 — about 90% of those interviewed — said they had either personally been assaulted by the staff or had seen others physically abused, according to the report.

“ICE’s Camp East Montana is a human rights disaster,” said Angélica César, a fellow at Human Rights Watch and the ACLU who was a lead researcher for the report. “The U.S. government should shut it down, conduct independent investigations into all abuses and deaths in custody, and put an end to mass deportations and mandatory immigration detention.”

The Department of Homeland Security, which includes ICE, did not immediately respond to a request for comment.

The new accounts of violence and substandard living conditions inside Camp East Montana are consistent with earlier reports by The Associated Press and others. At least three detainees held at the facility since it opened in August have died, including a 55-year-old Cuban migrant who was handcuffed and stopped breathing earlier this year after being held down by guards.

A local medical examiner later ruled that death a homicide and a federal report issued last month said evidence in the case was “missing or destroyed.” That report by the Government Accountability Office found mismanagement by the Department of Homeland Security had created unsafe conditions that contributed to detainee deaths and suffering even as millions of wasted tax dollars enriched contractors.

In March, ICE replaced Acquisition Logistics, LLC, the prime contractor that had been awarded a deal last year worth up to $1.3 billion to build and manage the camp. The Virginia company had no prior experience running an ICE detention facility, had never won a federal contract worth more than $16 million and lacked a functioning website.

The change came as an internal ICE review documented 49 deficiencies, which it defines as violations of detention standards or policies, in areas including the use of force and restraints, security and medical care.

Despite the change in contractors, interviews conducted by Human Rights Watch and the ACLU as recently as last month found serious problems at the camp have persisted.

Detainees recounted degrading and inhumane living conditions that included bathrooms covered in feces, flooded housing units and no access to soap or other basic hygiene supplies, according to the report. They also reported being held indoors for weeks without meaningful access to recreation, sunlight or fresh air.

People also described receiving spoiled food and inconsistent meal schedules, with delays of up to 12 hours between meals.

The report recounts detainees saying that guards beat detainees in response to hunger strikes, requests for medical attention and complaints regarding detention conditions. Several people said that guards imposed collective punishment, striking or assaulting multiple people after accusing one detainee of violating rules, according to the report.

Researchers found that staff pressured and coerced those held there into abandoning immigration claims and accepting removal to third countries if they could not be sent back to their own country. The detainees said they were threatened with violence, criminal prosecution, and indefinite detention if they refused deportation.

In some cases, the report concluded, the circumstances of ICE detention could amount to enforced disappearances, a potential violation of international human rights law.

Human Rights Watch and the ACLU called on the Trump administration to close Camp East Montana and to allow independent investigations into deaths in custody, excessive force, medical neglect and enforced disappearances.

“The abuses documented at Fort Bliss are the predictable outcome of the Trump administration’s mass deportation agenda, its brutal expansion of immigration detention, and the erosion of federal oversight mechanisms,” said César, the lead researcher. “People at Camp East Montana are human beings who deserve to be treated with dignity and protected from harm.”

Biesecker writes for the Associated Press.

WASHINGTON, April 28 (UPI) — Supreme Court justices appeared divided Tuesday morning about whether a U.S. tech company can be held liable for aiding the Chinese government’s alleged torture of a spiritual minority.

The case is centers on whether practitioners in China of the Falun Gong religion — also called Falun Dafa — can sue California-based tech company Cisco Systems for aiding and abetting violations of the 18th-century Alien Tort Statute and the Torture Victim Protection Act, which was enacted in 1992.

Cisco attorney Kannon Shanmugam called for barring aiding and abetting liability. He argued that allowing liability to be implied would harm the government’s separation of power.

Much of Tuesday’s debate hinged on whether the statute’s 200-year-old “law of nations” wording was applicable to the relatively more modern concept of human rights abuses, as well as whether the first Congress meant for the victim protection act to include second liability for aiding and abetting torture.

The case marks the latest attempt to define the scope of the statue, which for over two centuries has allowed foreigners to bring lawsuits in U.S. courts for serious violations of international law.

More than 20 years ago, Cisco developed and sold to the Chinese government a surveillance system, which the government used to find, interrogate and allegedly torture Falun Gong practitioners.

During arguments for Cisco Systems Inc. vs. Doe I, some justices emphasized Cisco’s awareness of their technology’s role in persecution, while others said that including liability for aiding torture in the alien tort statue contradicted with historical precedent and had foreign policy risks.

But no clear majority converged around either position in the conservative majority court.

“We’ve maybe misled Congress into thinking, ‘Oh, we don’t need to do anything about these human rights things, the courts are taking care of it,'” Justice Brett Kavanaugh said.

“I’m concerned at a separation of powers level that we’re not really allowing suits to go forward, but Congress thinks we are because of a lack of clarity in our case law.”

Justices Ketanji Brown Jackson and Sotomayor appeared more supportive of those who brought forward the original lawsuit — several Chinese nationals and one U.S. citizen.

Addressing the wording of the Torture Victim Protection Act, Sotomayor told Shanmugam: “I’m not sure how you get to your position that ‘subjects to’ can’t mean aiding and abetting because command liability doesn’t necessarily require subjecting someone to the torture.”

“It makes someone who’s in a command position who knows of the torture and permits it to happen … aiding and abetting. We’ve defined aiding and abetting as an active step in permitting and encouraging the substantive act.”

The Alien Tort Statute grants federal district courts original jurisdiction over any civil action in which an alien sues for a tort “committed in violation of the law of nations or of a treaty of the United States.”

“What’s the point of previous [Supreme Court] decisions that determined U.S. corporations could be defendants?” said Sophia Cope, senior staff attorney at Electronic Frontier Foundation, who helped write an amicus brief in support of the Falun Gong members.

“Excluding second liability from the ATS would be a huge loophole for companies to sell services which are used for human rights violations.”

By rejecting judicially created aiding and abetting liability, the court would close the last major loophole that the plaintiffs’ lawyers have “exploited” to keep cases with such claims under the ATS and TVPA alive, said Cory Andrews, vice-president of litigation at the Washington Legal Foundation. The foundation submitted a brief in support of Cisco in February.

“It would reaffirm that the ATS is a narrow 1789 statute, not a modern vehicle for global human-rights enforcement,” Andrews said.

The case had its origins 15 years ago. In 2011, the plaintiffs — 13 Chinese nationals and one U.S. citizen — filed the original suit in the District Court for the Northern District of California, claiming they were targeted using Cisco’s technology and then detained and tortured.

The district court dismissed the claims, but it was brought to the Supreme Court after a panel of federal judges on the U.S. Court of Appeals for the Ninth Circuit agreed in 2023 that the plaintiffs had met a legal threshold to continue with the lawsuit.

A decision is expected by the end of June.