You are here

Sexual Abuse

FBI Takes Investigation on Sexual Assault in Hutto Detention Center

National coverage of the sexual abuse scandal at the Hutto Detention Center continues as Rewire reported that the FBI announced it would intervene to conduct an investigation. Laura Monterrosa, an asylum seeker from El Salvador, came forward publicly on November 9 to speak out against the abuse she experienced while she remains held in detention where her abuser is still employed.

The detention center, operated by CoreCivic (formerly Corrections Corporation of America, or CCA), has a history of sexual abuse incidents. In 2007, a CCA guard was accused of assaulting a woman detained with her son. In 2010, another CCA guard assaulted eight women in transport. 

 
Photo of Laura Monterrosa courtesy of Grassroots Leadership

In addition to Monterrosa, two other women formerly detained at Hutto have come forward with claims of sexual abuse. One woman, Ana, filed a formal complaint regarding sexual harassment and was subsequently transferred to the Laredo Detention Center. Another woman, named Esmeralda, also came forward to claim she was abused by the same guard as Ana.

Following interviews with Monterrosa, Immigration and Customs Enforcement (ICE) issued a statement that it found Monterrosa’s claims unsubstantiated in a joint investigation with the Williamson County Sheriff's Office. This statement was not communicated to Monterrosa, who has been “left in the dark” according to Grassroots Leadership researcher and immigration organizer Bethany Carson.

Rewire interviewed Christina M. Fialho, co-founder/executive director of Community Initiatives for Visiting Immigrants in Confinement (CIVIC), who spoke on ICE’s secrecy in hiding abuses of power within detention. Fialho stated, “If more people knew what was truly happening behind locked doors, I think there would be an outcry against the immigrant prison system. So, ICE has an incentive to keep the public in the dark about what is happening behind locked doors. What better way to do this than to deny that any problems exist? By adopting a head-in-the-sand approach and declaring sexual assault complaints ‘unfounded,’ ICE and its contracted facility guards can continue to perpetrate rights [abuses].”

While sexual assault remains underreported in detention, CIVIC analyzed sexual assault reports from detention through a FOIA request to the Department of Homeland Security’s Office of the Attorney General. The investigation uncovered that between January 2010 and July 2016, Homeland Security’s Office of the Inspector General received over 33,000 complaints of sexual assault or physical abuse against DHS’s component agencies. But the Inspector General investigated less than 1 percent of these cases” (CIVIC).

Carson stated that Williamson County Sheriff’s Department contacted advocates prior to a press conference on December 4 to state that the FBI would handle the investigation. Questions remained, however, regarding the facility and governing agencies’ prior investigation: “If they do follow PREA [Prison Rape Elimination Act], a policy for allegations is required, and now that the FBI has stepped in, everyone has kind of thrown their hands up and bucked responsibility for how it was initially handled—and we don’t even know how it was handled. This is all highly problematic,” Carson said.

Describing the issue as “extremely pervasive,” Carson added, “What is happening to Laura is endemic of detention centers and almost impossible to completely eliminate unless we eliminate detention centers.”

Texas Prison Bid’ness will continue to report on Monterrosa’s case and the developing investigation by the FBI as it is reported.

Blogging Categories: 

Members of Congress Call on DHS to Investigate Sexual Assault in Detention

Immigration advocates joined with congressional representatives to bring attention to the rampant issue of sexual assault in immigrant detention centers. In December, Newsweek reported that 71 members of congress sent a letter to Department of Homeland Security officials to condemn the agency’s failure to investigate claims of assault in detention.

The congressional sign-on letter named several cases of sexual abuse in detention, including the three women who came forward from Hutto Detention Facility in Taylor, Texas.

The national organization Community Initiatives for Visiting Immigrants in Confinement (CIVIC) filed a class-action civil rights complaint on April 11 for the Homeland Security’s refusal to disclose records or investigate reports of sexual abuse. “According to CIVIC, Homeland Security received a total of 33,126 complaints of sexual and/or physical abuse from January 2010 to July 2016,” Newsweek reported. Less than one percent of those reports have been investigated, and 75 percent were filed against Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CPB) employees.

While ICE responded to claim that all reports are “investigated thoroughly,” the agency has not responded to CIVIC’s complaint. It also has filed a request with the National Archives and Record Administration to destroy its files of scandals and abuse, including reports of sexual assault, deaths of detainees in custody, and solitary confinement.

Image Source

Blogging Categories: 

Laura Monterrosa Courageously Speaks Out Against Sexual Abuse in Hutto

Image from Grassroots Leadership

On November 9, 23-year-old Salvadoran asylum seeker Laura Monterrosa spoke out about the sexual abuse she has experienced since June while she has been detained at the T. Don Hutto Detention Center, operated by private prison corporation CoreCivic (formerly called Corrections Corporation of America). The Independent reported on Monterrosa’s story on November 7 following advocacy by Grassroots Leadership.

In her letter, Laura writes how a female guard forced her into sexual acts against her will:

“She harassed me, telling me threatening words and forcing me to have unwanted relations with her. She looked for or took advantage of every moment she could to touch my breasts or my legs, she knew where and when she did it, I don't remember dates because there are many. She worked in the recreation area and what she did with me she did with other residents.”

Monterrosa spoke out publicly on November 9 following several media articles. Since then, she reports that she has experienced retaliation from within the detention center.  She remains  detained while her abuser continues to be employed at the facility by CoreCivic. “In this place, we don’t have rights, only duties," she said in a letter to Grassroots Leadership.

Two women joined Monterrosa in denouncing sexual abuse they experienced while detained at Hutto on November 22. One woman, ‘Ana,’ was transferred to another private detention center in Laredo after filing her formal complaint.

Immigration and Customs Enforcement told Rewire on November 22 that the agency conducted an investigation in collaboration with Williamson County, where Hutto is located, and found Monterrosa’s claims “unsubstantiated.” Williamson County has remained silent on the issue.

The T. Don Hutto Detention Center, which detains 512 women, nearly all of whom are seeking asylum, has been at the center of sexual assault scandals before — one former guard served time for multiple assaults.

From 2010 to 2016, out of approximately 33,000 complaints of physical and sexual abuse filed across the country with the DHS Office of Inspector General, less than 1 percent were actually investigated according to the national detention visitation program CIVIC.

Karnes County Family Detention Center becomes the newest site in a long string of human rights abuses against immigrant detainees

The Karnes City Family Detention Center came under intense scrutiny earlier this month when the Mexican American Legal Defense and Education Fund (MALDEF) and lawyers from the University of Texas School of Law submitted a complaint that guards have been committing “substantial, ongoing sexual abuse” against the mothers being detained.

When the facility—run by the GEO Group—began receiving mothers and their children at the beginning of August, advocates remembered the conditions and trauma that the families detained at the T. Don Hutto facility had to endure from 2006 to 2009On an ICE directed visit to the Karnes facility last month, mothers complained about the severe cold, poor food quality, and the lack of freedom that they and their children experience on a daily basis, a nearly identical description of initial conditions in the Hutto facility.

Private prison corporations like the GEO Group deal primarily in adult criminal detention, and are not equipped to deal compassionately with vulnerable populations such as recently arrived immigrant families who are seeking asylum. “The recent allegations of sexual abuse don’t surprise me at all,” Grassroots Leadership’s Immigration Projects Director Cristina Parker commented, "I'm sickened, but not surprised." A report jointly released by Grassroots Leadership and Justice Strategies documents the lousy track record of the GEO Group when it comes to human rights abuses.

Sexual abuse, extortion, and harassment of women alleged at ICE family detention camp in Karnes City

The Karnes County Family Detention Center has shown evidence of renovation and expansion since mis-September 2014.
The Karnes County Family Detention Center has shown evidence of renovation and expansion since mis-September 2014.

The Mexican American Legal Defense and Education Fund (MALDEF), along with Immigration Rights and Civil Rights Clinics at the University of Texas Law School, Human Rights First, and the Law Office of Javier N. Maldonado, filed a complaint on September 30, 2014 with the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) demanding the immediate investigation of and swift response to widespread allegations of sexual abuse and harassment at the detention center in Karnes City.

In a press release about the complaint, MALDEF outlined the abuse allegations cited in the complaint to include the exploitation of vulnerable women by facility guards and staff, such as:

removing female detainees from their cells late in the late evening and early morning hours for the purpose of engaging in sexual acts in various parts of the facility, and attempting to cover up these actions;

calling detainees their "novias," or "girlfriends" and requesting sexual favors from female detainees in exchange for money, promises of assistance with their pending immigration cases, and shelter when and if the women are released; and

kissing, fondling and/or groping female detainees in front of other detainees, including children.

The MALDEF release also says that "although this unlawful conduct was reported to Karnes Center personnel, to date, no reasonable actions have been taken to stop or prevent this abuse, or to prevent its escalation."

The GEO Group denied the allegations and ICE had no comment

Former GEO Employee found guilty of sexual abuse

In April, Juan Aguilar, a former GEO employee was charged with sexual abuse of a detainee. The victim of the abuse was being detained at Pearsall during his deportation proceedings. The two men were working in the kitchen when Aguilar pulled down the detainee's pants off and performed fellatio on him in the freezer.

On Wednesday, a jury took just over an hour to find Aguilar guilty, and he is nowawaiting his sentence. Aguilar’s lawyer reportedly argued that he had no authority over the inmate and that the act was “wrong but not a crime,” and likened it to someone having an extra-marital affair — morally wrong but not illegal. However, the law in Texas is clear that sex between inmates and employees is absolutely illegal.

This is not the first time that the GEO Group, and specifically the detention center in Pearsall, has been involved in a sexual abuse scandal.

Former Bartlett State Inmate is Suing CCA for Allowing Sexual Abuse during Three-hour Hazing Incident

San Antonio Express News reports that a lawsuit is being filed against Corrections Corporation of America for permitting a hazing tradition at Bartlett State Jail that ultimately led to the sexual assault of an inmate.

Barlett State Jail
Barlett State Jail

Bartlett State Jail is a prison facility for low-level inmates serving short-term sentences. The tradition of hazing inmates who are near to their release date involves forcibly removing their pants, turning them upside down and slamming them against the glass of the guard station. It is impossible for guards to ignore the behavior, as they are literally faced with the exposed backside of the inmate who is being hazed. Bartlett’s Warden Eduardo Carmona and other CCA executives were previously aware of the tradition and yet had never attempted to prevent it from happening.

According to the court documents, the hazing incident that resulted in the sexual assault was a three hour ordeal in which every single inmate in a 55-person block was subjected to the hazing practice while the single officer on duty — who was not only in charge of the victim’s block but three other 55-person blocks — did nothing to intervene.

Typically, in correctional facilities that follow best practices, there should be two officers on duty at all times so that one can intervene while the other calls for backup. Understaffing as a cost-cutting measure is routine at CCA run facilities and, clearly, it results in inmate-on-inmate violence with no intervention by staff. 

Blogging Categories: 

ACLU of Texas Defends Against Sexual Abuse of Immigrant Women; Just Tip of the Iceberg, Says Attorney

(Orginally posted on the ACLU of Texas Liberty Blog)

Today, the ACLU of Texas filed a class action lawsuit on behalf of women immigrants seeking asylum from sexual abuse and violence who have suffered sexual assault at the hands of detention officers. Horrific as these women’s cases are, they are symptomatic of a much larger problem.

Last night (Oct. 18, 2011), PBS Frontline correspondent Maria Hinojosa took a penetrating look at the Obama administration’s vastly expanded immigration net, punitive approach to immigration enforcement, and the secretive world of immigration detention that is so rife with serious problems and abuses.  Among those problems is the sexual abuse of immigration detainees, which the ACLU has helped expose by acquiring government documents through the Freedom of Information Act that provide a first-ever window into the breadth of this national shame.  ACLU Executive Director Anthony Romero was featured during the program, titled "Lost in Detention," discussing those FOIA documents and the Obama administration’s record on immigration more generally.

ACLU of Texas Senior Staff Attorney Mark Whitburn said, “Unfortunately, we believe these complaints are just the tip of the iceberg. Government records reveal that since 2007, 185 complaints have been made to the Department of Homeland Security about sexual abuse in ICE custody, 56 of which were from facilities in Texas.  Immigrants in detention are uniquely vulnerable to abuse, and those holding them in custody know it,” Whitburn added.  “Many do not speak English, many – like our plaintiffs – have fled violence in their home countries, and are terrified of being returned.  They may not be aware of their rights or they may be afraid to exercise them.”

The ACLU today launched a page on the www.aclu.org website devoted to the issue of sexual abuse of immigration detainees and a special blog series that will run through October examining the consequences of locking up tens of thousands of civil detainees every day.

Also last night (Oct. 18, 2011), CNBC debuted a new documentary entitled "Billions Behind Bars: Inside America's Prison Industry," a critical investigation of the multi-billion dollar corrections industry and how mass incarceration is a windfall for one particular special interest group: the private prison industry.  Among other things, the program featured an ACLU case challenging the brutally violent conditions at the Idaho Correctional Center, operated by Corrections Corporation of America, the nation’s largest private prison company.  As part of its promotion of the documentary, CNBC has posted on its website an op-ed by the National Prison Project's David Shapiro discussing the nefarious reality that private prison executives rake in multi-million dollar compensation packages while over-incarceration continues to harm the nation as a whole.

Later this month, ABC will air a special program on immigration detention that will feature several pieces of ACLU work, and as more information about air time becomes available we will let you know.

Update on Hutto Guard Convicted Charges Related to Sexual Oppression

We have covered previously that Donald Dunn, a former CCA guard at the T. Don Hutto Facility, was convicted of charges related to sexual oppression of immigrant detainees.  Last September, Dunn was sentenced to a year in jail--the maximum sentence for a Class A Misdemeanor in Texas--and two years of probation following his release.

Last week Federal charges were filed against Dunn who is still serving his state sentence in a Williamson County facility.  According to recent reports:

A former T. Don Hutto Correction Center employee is accused of fondling female undocumented immigrants in his custody.  Former residential supervisor Donald Dunn of Austin has been charged with federal deprivation of rights.  He allegedly touched the victims in a sexual manner for self gratification while conducting illegal searchers from December 2009 to May 2010.  He faces prison time if convicted.

We will keep y'all updated as this plays out in federal court.

Blogging Categories: 
Subscribe to Sexual Abuse