Español sigue abajo/Spanish version follows below

An Open Letter from Border Communities to:

President Joseph Biden
Alejandro Nicholas Mayorkas, Secretary, Department of Homeland Security
Troy A. Miller, Senior Official Performing the Duties of the Commissioner, Customs and Border Protection (CBP)
Rodney Scott, Chief, U.S. Border Patrol
Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement (ICE)
Jean King,  Acting Director of the Executive Office for Immigration Review (EOIR)
Tracy Renaud, Acting Director, United States Citizenship and Immigration Services

The announcement of the no-bid contract being awarded to Endeavors, Inc. to provide short term temporary shelter was a surprise to Arizona border communities, particularly those community organizations that have been doing the groundwork of supporting asylum seekers released from temporary and long-term detention for years.  This decision not only shows a lack of transparency and awareness of the community work that has been done for years, but undercuts those efforts in favor of a model that perpetuates the militarization and criminalization of asylum seekers and their families.

We demand that the Biden Administration hold to the promises that were made during the election season; now established in office There is no excuse for not safeguarding the human rights and due process rights of all immigrants seeking asylum at the US SW border,  many of whom are fleeing violence and seeking refuge in the United States.

Like the Trump administration, the Biden administration is using 42 U.S. Code § 265 to subject asylum seekers to refoulement through expulsions and refusing to properly process asylum seekers. Currently, CBP officers are denying asylum seekers the right to undergo a credible or reasonable fear interview and removing them to Mexico or their home countries where they face severe harm, persecution, torture, and death. The use of contracted border “shelters”  in this context supports the on-going discrimination that the Biden Administration exercised currently against Central American and Mexican families and individuals, by processing other nationals and holding those from Meso-America at bay.    


Issues with Temporary and Long-term Detention
US federal Government contracting private or non-profit facilities as shelters poses two legal challenges in Southern Arizona: if such facilities are an extension of short term detention, federal agencies (and particularly CBP,  and BP under Doe v Kelly & Doe v Wolf) must either follow court ordered legal protocols or established immigration law or both, or if such facilities are humanitarian shelters, they must allow for attorneys, consular officials,  and human rights advocates  to access immigrants to ensure safeguards are in place, or such facilities are “humanitarian” in name only. Once legally released, immigrants are free to travel, if they are not allowed to leave, then the contracted “shelters” are actually - detention.  

Some issues that face asylum seekers and individuals held in detention facilities have been well documented for many years by advocates, human rights agencies, family members and individuals who have experienced them first-hand, while others have not. These problems include:
Language Rights: The widespread lack of recognition of Indigenous peoples leads to a host of human rights violations including language rights.  lack of interpretation at first contact with Customs and Border Patrol and the Border Patrol  at the SW US border for Indigenous-language speakers, and then as they are being processed in short term detention denies basic human rights. Local shelter data in Tucson has demonstrated that 1 in 5 immigrant families speak an Indigenous language as their first language. Data from Florida demonstrates that 1 in 5 unaccompanied Indigenous minors transferred to Florida under HHS custody are primary speakers of Indigenous Languages.  Denial of interpretation in primary languages makes it impossible for individuals to communicate their medical needs or specific details about credible or reasonable fear, thus affecting their asylum claims.

Indigenous asylum seekers in particular have higher vulnerabilities and are more likely to face discrimination, abuse, and death. (see: Exclusion of Indigenous Language Speaking Immigrants in the US Immigration System). The US federal government continues to punish Indigenous Peoples by denying their identity and their languages.  For example FEMA recently advertised for a position “familiar with Central American dialects' ' which is an indication that the current administration recognizes there is a need, but has poorly executed resourcing this need.  PS. They’re languages, not “dialects”, languages with a four thousand year history.  DHS needs to hire language specialists and social-linguists to assess the scale of this need - not clerks. Volunteers in Tucson have documented 28 indigenous languages in migration. BP PR officers have repeatedly stated such needs are fulfilled. Five of six child deaths in Border Patrol custody being Indigenous children points to institutional racism leading to preventable deaths.  

Separation of families: The continued separation of family members from each other, despite being related, married, or having the same sponsor. There are documented cases of grandchildren being removed from grandparent custody, even when the grandparent is attempting to bring the grandchildren to their parent(s), and said parent(s) are the sponsors of both the children and grandparent. Children who have been removed are then placed in detention facilities for children, inflicting unnecessary trauma, particularly for those children who are too young to understand what is going on and/or those who are Indigenous language speakers. Evidence, including the sworn declarations of asylum seekers in federal litigation such as the Matter of Ms. L case have shown that U.S. immigration officials have a pattern and practice of abusing the civil and human rights of asylum seekers. Unfortunately, Matter of Ms. L and other federal litigation have evidenced that U.S. immigration officials have been violating these laws created to protect life and ensure we never send any person to their death or genocide.

Psychological and Traumatic effects of prolonged short and long-term detention for separated children.  Children separated from their parents and then then put into detention has lasting negative physical and mental effects on those children: “The brains of children who have experienced such a situation seem to become hypervigilant in the face of threats, a hallmark of PTSD. The regions of the brain that govern rewarding behavior do not respond normally, making them vulnerable to depression, anxiety, and substance abuse. In addition, the cortical structures necessary for attention, planning, judgment and emotional control are not adequately developed... There is evidence that such an experience casts a shadow into adulthood, and that the effects can even extend beyond a single generation.” (translated from: These are the long-term effects of separating children from their parents at the U.S. border, experts say, Melissa, Healy, Los Angeles Times, June 21, 2018.

Five additional sources with similar conclusions:
https://www.apa.org/news/apa/2018/border-family-separation,https://www.michaelshouse.com/parents/the-mental-health-effects-of-sudden-parent-child-separation-what-happens-when-children-and-parents-are-apart/, https://news.stanford.edu/2018/06/26/psychological-impact-early-life-stress-parental-separation/,  https://knowablemagazine.org/article/mind/2020/treating-growing-trauma-family-separation, https://www.americanbar.org/groups/litigation/committees/childrens-rights/trauma-caused-by-separation-of-children-from-parents/.

Inadequate medical attention: The lack of medical attention in detention centers has been regularly documented. Individuals released from custody have had a range of medical needs, from basic first aid to needing to be hospitalized almost immediately. The COVID-19 pandemic has exacerbated these issues, which pose a public health risk when not adequately addressed.
Inadequate food: The meals provided to asylum seekers and detainees has been a constant problem, particularly those who have been held in short-term custody. Volunteers have been told many stories about being provided only crackers and juice, and bean burritos that have been improperly cooked and caused some people to become ill; others have reported them being completely inedible. [See: Deprivation not Deterrence, A report on human rights violations of immigrants held in the Department of Homeland Security's Short term detention facilities in Southern Arizona].

Confiscation of documents: The problematic practice of confiscating documents from those being detained have created unnecessary hardships for individuals being released from custody, particularly as travel arrangements are much easier to make when travelers have passports or other government-issued documents. Individuals are then forced to try to navigate the unclear process of regaining possession of their documents via consular offices or government agencies on their own, as information is not provided for reclaiming personal property. This is especially problematic where asylum seekers have suffered state-sponsored violence, persecution, or torture.  

Right to Due Process for Seeking Asylum: Asylum seekers arriving in the U.S. usually have their first contact with U.S. immigration officials when they are apprehended and detained by border patrol agents or CBP officers and kept in short term detention. Border Patrol ask immigrants’ about their fear of returning to their home country, and if an immigrant does not disclose such fear, they are deemed unfit for asylum. Their rights are not explained to them as asylum seekers nor is the purpose for detaining them, nor the process or procedures for referring asylum seekers to asylum officers for credible or reasonable fear interviews if they end up being placed in long term detention. The use of freezing cells, sleep deprivation techniques, and stress positions are torture techniques employed by Border Patrol to deprave immigrants and disaude them from requesting asylum. CBP and border patrol enforcement officials are not properly suited to be the first line of contact for asylum seekers. Rather, specially trained asylum officers, social workers, and defense attorneys and advocates best suited to humanitarian work should be first line responders.

Indigenous Asylum seekers: Without informed socio-linguists in consultation or Indigenous language speakers on staff,  “Emergency Family Relocation Sites” will replicate the abuses already documented in Family Detention Centers in Texas, where due process for Indigenous Language Speakers was nil. (See: CRCL Complaint on Challenges Faced by Indigenous Language Speakers in Family Detention.) DHS’s and DOJ’s Failure to implement Executive Order 13166 for LEP Language access, specifically for the 20% of immigrant families released in the Tucson Sector who are Primary Indigenous Language Speakers, denies due process for their initial credible fear / reasonable fear documentation by CBP /BP at first contact (see above paragraph) which then uses inaccurate responses to discredit asylum claims later in immigration court. Indigenous migrants are mostly misidentified as “Hispanic” or simply citizens of colonial nation states occupying their ancestral lands. This leads to Indigenous asylum seekers being forced to speak to representatives from the nation states that have subjected them to persecution, torture, and even genocide. Indigenous migrants do not cede their rights to self-identity as Indigenous Peoples with sovereignty and self-determination protected by the UN Declaration on the Rights of Indigenous Peoples (DRIP:2007) when they are forcibly displaced from their ancestral lands and seeking asylum.

Indigenous Children and Youth have died at a disproportionate rate in US CBP/BP custody. We witness here, once again, their identities and their deaths which are still not recognized by DHS and its agencies. We say their names and recognize their indigenous Nations (International Mayan League):

* Claudia Patricia Gómez González, Maya Mam, 20 yrs. old, from San Juan Ostuncalco, Quetzaltenango,  Guatemala, died May 23, 2018
* Jakelin Amei Rosmery Caal Maquin, Maya Q’eqchi’, 7 yrs. old from San Antonio Secortez, of the Damascus microregion of Raxruhá in Alta Verapaz,  Guatemala, died December 7, 2018
* Felipe Gomez Alonzo, Maya Chuj, 8 yrs. old from Nentón, Huehuetenango, Guatemala,  died December 24, 2018
* Juan de León Gutiérrez, Maya Ch’orti’, 16 yrs. old from Caserio Tizamarte in the village El Tesoro, Camotán, Chiquimula,  Guatemala, died April 30, 2019
* Wilmer Josué Ramírez Vásquez, (indigenous Nation not yet identified) 2.5 yrs. old, from Chiquimula,  Guatemala, died May 14, 2019
* Carlos Gregorio Hernández Vásquez, Maya Achi, 16 yrs old, from San Jose el Rodeo, Cubulco Baja Verapaz,  Guatemala,  died May 20, 201

Lack of Transparency and Community Involvement

Our objections to the selection of Family Endeavors, Inc. for the no-bid contract for providing “Emergency Family Relocation Sites” (EFRs) are not only because of the lack of process and transparency- there are also serious concerns about the ability of the corporation to address the specific needs of asylum seekers.  Family Endeavors, Inc., has a background and history in serving the homeless community, which is a very different population from (im)migrant populations.

From cultural sensitivity, language, and issues that are specific to asylum seeking communities such as trauma support and legal support, Family Endeavors, Inc. not only lack specific experience to perform such services,  they lack credibility in the (im)migrant rights and asylum support communities.

Family Endeavors, Inc. is neither known or trusted by communities, making the lack of transparency in their selection even more concerning. The very process of creating and signing this no-bid contract is a testimony to the concerns we raise in this letter: without transparency and accountability, community trust is destroyed, and more importantly, human rights abuses are more probable. Multiple children suffered physical and sexual abuse at private facilities contracted by the HHS when thousands of children were separated form their parents under Zero Tolerance policies. The State of California has outlawed private contractors from housing detained migrants because of multiple human rights violations committed by contractors in these private facilities.  All other states, but especially Arizona, Texas, and Pennsylvania should consider l the liabilities and that enabling such abhorrent practices to continue will be  in contravention to federal and international law.

Family Endeavors, Inc. lists Andrew Lorenzen-Straight as the Senior Director for Migrant Services and Federal Affairs. There is no evidence that this position existed before the hiring of Mr. Lorenzen-Strait, further evidence that the organization lacks the history, experience and community trust necessary to serve (im)migrant, asylum and refugee communities appropriately. Mr. Lorenzen-Strait’s background with the Department of Justice, Department of Homeland Security and U.S. Immigration and Customs Enforcement make it clear that this no-bid contract was an arrangement made behind closed doors, and seeking to hire and promote from within. Family Endeavors, Inc. reported at least 7 staff making six-figure salaries, a far cry from the existing non-profit organizations that currently serve border communities. This is not the strategy that will best serve the individuals who will be released into the custody of Family Endeavors, Inc. and it clearly illustrates a pattern and culture of cronyism and an intention to continue a model of militarization and detention for families seeking refuge and asylum.


Concerns about the Contract

Apart from the concerns about transparency of a process that ultimately ended in a no-bid contract of a corporation that is an unknown entity to border communities that have been serving (im)migrant and asylum communities for decades, there are concerns and questions about the contract itself:

Lack of consultation with the communities in which these “hotels” will be located. Local media has reported that city and county officials have been informed of the planned project, but it is unclear the extent to which local governments have been involved in the process. Existing community groups that have been doing the work currently were neither consulted, and indications are that this contract will serve to circumvent the established support networks that have been in place for years.
The ICE Office of Acquisitions Management published a justification for the no-bid contract that cites $86 million dollars for a 6.5 month contract with Endeavors to provide housing to 1,239 individuals. This is an obscene and irresponsible use of taxpayer dollars, particularly as existing networks have served far more people at a fraction of the costs with No federal funding. Rather than bolster and support existing networks, the Biden Administration has opted for a process that epitomizes bureaucracy and cronyism.

Beyond our concerns with the existing contract, we also have the following questions and concerns:
Safety Concerns: What transparency will be in place about who will be staffing the hotels where asylum families will be housed, including the process of background checks, and the specific services that will be provided?

Accountability:
* What oversight will be in place for the facilities, services and personnel involved?
* What training and experience will be required of personnel, including language, experience with Indigenous communities, etc.
* What trauma and/or psychological support will be provided to families, particularly those whose asylum claims are based on abuse or fleeing violence?
* What will be the process for reporting abuse or making complaints?
* What information will be provided to the public regarding complaints and allegations of abuse or misconduct?
* Are protocols in place for  Indigenous language speakers’ to exercise their right to speak in their primary language? Do the protocols follow the four step process mandated by Executive Order 13166, which is federal administrative law?
* What evaluation process will be employed to assess whether this contract met expected needs of individuals?

Detention: What is the legal status of individuals who will be housed in the proposed hotel facilities? Are they in custody, or free to leave on their own accord? Will there be visiting privileges afforded to family members, lawyers, consular staff,  community volunteers, and human rights advocates?

Transparency in Funding: What are the details of the $86 million contract? How much will go to salary vs. support and services for families?
*1,239 beds at $352.64 per bed/per day for 199 days

What percentage of the daily bed rate is allocated toward services and related care for the individuals and families?
Lack of community involvement: What are the reasons and justifications for completely circumventing the community organizations and support networks that have been doing the work of serving (im)migrant, asylum and refugee communities for years? Why has there been no consultation, involvement or participation in any way? Is this the approach that communities should come to expect from the Biden Administration on all issues surrounding border and (im)migration issues?


It is of grave concern that the Biden Administration, which has made strong assertions regarding the plan to have a compassionate approach for working with border, (im)migration and asylum issues, has moved forward with a process that completely lacks transparency and accountability to the communities that have carried the water in the issue of asylum seekers, particularly over the tumultuous years of the last Administration. Instead of reaching out to existing community groups, asking and providing resources to support and amplify current work, the Biden Administration has chosen to continue the practice of militarizing the asylum-seeking process, despite the well-documented harm that such systems create on the vulnerable communities that are subjected to them. It has chosen to spend $86 million in taxpayer dollars over a 6.5 month period on a corporation that has no previous experience with (im)migration and asylum communities. It has, in short, turned its back on the hard work that has been done by advocates and community members, deciding on a path that continues the militarization and criminalization of our border communities.

This cannot be permitted to stand.


Alternative Community Vision

For many years now, local Arizona communities have come together to address the needs of asylum seekers who have been released from DHS custody. Historically, individuals have been subjected to “street releases” where they were dropped off at local bus stations without any directions or support, and often with no idea how or what to do to reach their sponsors. Sponsors, who are often relatives of the asylum seeker, have taken on the task of being responsible for asylum seekers, and are responsible for housing, feeding and ensuring that all appointed court appointments are attended.  

Community organizations and networks have been doing the work of serving asylum seekers, refugees and individuals released from detention for years- the Restoration Project in Phoenix since 2011, Casa Alitas since 2014 and Casa Mariposa 2011-2014. These organizations began by meeting released individuals at the bus stations where they were released, providing food and other support. These efforts eventually evolved into established shelter spaces that offer temporary housing, food, medical attention, clothing, assistance with travel arrangements to safely get to the homes of their sponsors, language identification and interpretation and trauma/psycho-social support when needed.

The contract with Endeavors, Inc, claims that it is “the only known source that is presently capable of meeting the Government’s urgent requirement.” This statement is not only false, but it indicates disregard for and an astounding lack of understanding and awareness of the community support networks that have been created by receiving border communities, despite the fact that many of them work in coordination and cooperation with city and county agencies, and coordinate receiving legally released individuals and families from CBP, BP, and ICE.

In addition, these local community groups have activated hundreds of volunteers to support individuals released from custody by CBP, BP and HSI, and have received tremendous support.  This support has continued through the COVID-19 pandemic, providing testing and follow-up medical attention when needed.

The need for Emergency Family Relief Shelters is not in dispute, but the fact is that “EFRS” have already been created and currently exist through a collaborative process- there is not a need for the militarized version of them in our communities.

Given the concerns detailed above and the strong network of existing community organizations, we submit the following demands:

Our Demands:
* We demand that the Biden Administration Immediately halt the contract established with Family Endeavors, Inc.
* We demand that ICE make public any contracting documents that state expectations, requirements, and performance metrics expected from organizations that will be contracted to provide emergency family relief shelter services. We demand that all contracts for these services also be made public.  
* We demand that any contracted shelter implement robust protocols to ensure basic human rights and needs are fulfilled including for vulnerable populations of Indigenous language speakers, unaccompanied children, women, and LGBTQ immigrants.
* We demand U.S. immigration officials must cease and desist practices and patterns of infringements on the rights of Indigenous migrants. Indigenous migrants do not cede their rights to sovereignty and self-determination protected by the Declaration on the Rights of Indigenous Peoples (DRIP).
* U.S. immigration officials must consult with Indigenous migrants and leadership, adopt policies and procedures that observe the unique rights and claims of Indigenous migrants, begin to provide training to and require all immigration officials observe special procedures to protect the unique rights of Indigenous migrants, and reunite Indigenous children with family members or sponsors willing to provide humanitarian aid.
* We demand a comprehensive, transparent and public process be in place to ensure that all asylum-seekers and/or refugee community members are adequately cared for and served as per internationally acceptable standards in al DHS administered or contracted facilities  
* We demand lawyers have unfettered access to all individuals who are detained in contracted facilities
* We demand transparency to the public about the process of selecting Family Endeavors, Inc. for the fulfillment of this identified need.
* We demand full disclosure of the contract with Family Endeavors, Inc. and all related agencies party to the contract under the supervision of the Department of Homeland Security (BP, CBP, ICE, USCIS, FEMA, etc.) including a full description of the duties and role of each related agency
* We demand consultation with local receiving communities that have been doing the work and have already created an alternative to the further militarization of (im)migrant communities.
* We demand that funding be allotted to support and ensure that the existing community networks are able to continue their work in a community model that departs from the existing framework of militarization/detention. We demand a process that truly supports and promotes healing for the vulnerable (im)migrant and asylum-seeking individuals and families who have sought the refuge our policies claim to ensure.
* We demand that the Biden administration honor our obligations under international human rights laws and federal regulations that require immigration officials to protect against refoulement by properly processing noncitizens seeking asylum in the U.S. or asserting a fear of return. By law, asylum seekers who have entered the U.S. or arrived at any U.S. port-of-entry must be provided with due process and meaningful opportunities to assert their fears and claims to asylum officers as required by regulation. The fundamental right to life of these asylum seekers cannot be ignored, deferred, or overridden. There is no exception for avoiding our obligations under binding law and regulations. Clearly, Title 42 is a pretext to avoid these legal obligations and the U.S. is currently in violation of some of the most important human rights laws and principles upheld by the international community.  


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Versión en Español (Spanish version): https://docs.google.com/document/d/1V8-VXFtT70sKnoDv-AAlVE6KQmkqRoQ5KKGuwYWZwHs/edit?usp=sharing