1 PROGRAM Arizona State University Sandra Day O Connor College of Law Armstrong Hall Room 105 and Steptoe & Johnson Rotunda Friday, October 12, 2012
2 DIALOGUES ON DETENTION Human Rights First s Dialogues on Detention: Applying Lessons from Criminal Justice to the Immigration Detention System will take place in four cities across the United States during 2012 and culminate in a Washington, D.C.-based conference in early The Dialogues will foster constructive discussion on parallel and overlapping challenges facing the U.S. immigration detention system and the U.S. criminal justice system. By facilitating an exchange of knowledge and best practices among experts, academics, elected leaders, government officials, advocates, and the private bar, as well as individuals who have experienced the system first-hand, we aim to help re-shape the national conversation on immigration detention, to find common ground among stakeholders in both fields, and to forge a constructive path forward on detention reform. Our objective is to secure reforms to the immigration detention system so that immigrants and asylum seekers are not detained unnecessarily and in ways that are inconsistent with human rights standards. Join us again at Loyola University New Orleans College of Law on November 30th. Human Rights First would like to thank Evelyn Cruz, Ana Moore, Jane Magruder, and Judith Nichols at Arizona State University's Sandra Day O'Connor College of Law for their partnership on this event. We also appreciate the assistance of Gary Gaston, Alan Gomez, Anil Kalhan, Marie Provine, Nina Rabin, Bill Simmons, Penny Stinson, Rachel Winch, Monica Varsanyi, Marjorie Zatz, and all speakers who are generously sharing their time and expertise with us today.
3 DIALOGUES ON DETENTION 1 AGENDA 9:00 9:30 Registration and Light Breakfast 9:30 9:40 Welcome Evelyn Cruz, Arizona State University Ruthie Epstein, Human Rights First 9:40 10:00 Keynote Remarks Dora Schriro, former director of the Arizona Department of Corrections, former special advisor to U.S. Department of Homeland Security Secretary, Commissioner, Department of Correction, New York City 10:00 11:00 Alternatives to Detention: Models and Best Practices Alternatives to detention and community-based release programs have been repeatedly demonstrated to lead to substantial cost savings and high compliance rates. Currently, ICE spends $2 billion per year on detention, to house more than 400,000 individuals, and $72 million on alternatives provided by a company called BI Incorporated for 23,000. Particularly at a time when the federal government faces severe economic constraints, it could be decreasing spending on immigration detention and reallocating funds to cost-effective and rights-respecting alternatives. Community-based release programs, such as the Restoration Project at Casa Mariposa in Tucson, are sustained without government funding. How can alternatives to detention improve access to legal counsel and social services? What are the elements of a successful alternatives program? What is the definition of success from the perspective of the government? From the perspective of the formerly detained individual? What services should be supported with government funding? Cindy Schlosser, Social Services Coordinator, Florence Immigrant and Refugee Rights Project (Florence) Haregewoin Wossene, Restoration Project at Casa Mariposa (Tucson) Marco Galvino, Restoration Project at Casa Mariposa (Tucson) Moderator: Noel Fidel, attorney, former judge at the Maricopa County Superior Court and the Arizona Court of Appeals, former Merriam Distinguished Visiting Professor at the Sandra Day O Connor College of Law 11:00 11:15 Break
4 DIALOGUES ON DETENTION 2 11:15 12:45 Conditions of Confinement: What is Civil Detention? 12:45 1:30 Lunch Detainees and inmates held by ICE, local jails, state prisons, the U.S. Marshals, and the federal Bureau of Prisons all face a fundamental loss of liberty, whether the authority under which they are held is civil/administrative or criminal law, and whether they are awaiting hearings or have been convicted and sentenced. ICE holds in detention up to 2,600 immigrants daily in the state of Arizona, including 700 in local jails. Almost 16,000 non-ice detainees are held in Arizona jails each day, in addition to almost 40,000 in the state s prison system, including 6,400 in private facilities. BOP facilities in Arizona account for an additional 5,100 inmates. What is the legal framework for drawing distinctions among the conditions in civil detention, pre-trial detention, and incarceration? What are the appropriate operational distinctions? What conditions of confinement are necessary to serve the government s purpose? What conditions respect the dignity and rights of the individuals being held in custody? What are best practices in design and architecture for ensuring safety for detainees and inmates as well as officers and staff? Can juvenile detention conditions serve as a model in some ways for immigration detention? Dora Schriro, former director of the Arizona Department of Corrections, former special advisor to U.S. Department of Homeland Security Secretary Janet Napolitano, Commissioner, Department of Correction, New York City Dodie Ledbetter, Deputy Court Administrator and former Detention Director for the Pima County Juvenile Court Center (Tucson) Victoria Lopez, Program Director, American Civil Liberties Union Arizona (Phoenix) Gregory Cook, AIA, LEED(r) AP BD+C, CCHP Senior Associate/Senior Project Designer, Justice, HOK (St. Louis) Moderator: Ruthie Epstein, Human Rights First 1:30 3:00 Outsourcing and Privatization of Prisons, Jails, and Detention Facilities in Arizona ICE is at the vanguard of privatization: 68 percent of the detained immigrants in Arizona - and 50 percent nationwide - are held in privately run facilities. ICE also outsources its detention function to other governmental entities: 27 percent of ICE beds in Arizona - and 50 percent nationwide - are in local jails, which rent out their space to ICE. Some local jurisdictions run their own jails, and some subcontract jail operations out to a private prison company. Meanwhile, 13 percent of state prisoners in Arizona are held in privately run facilities. In December 2011, the Arizona Department of Corrections submitted a statutorily required report to the Arizona State Legislature that compared the services provided to the state by private prison contractors with similar services provided by the state-run facilities. In February 2012, the American Friends Service Committee released a shadow report with similar goals, including six privately run facilities located in Arizona that do not contract with the state government so did not fall within the scope of the ADC report. Eight percent of state and federal prisoners nationwide are held in privately run facilities - a level that has increased by 80 percent since 1999.
5 DIALOGUES ON DETENTION 3 3:00 3:10 Break What are the benefits to the federal, state, or local government in outsourcing detention and incarceration functions to private companies or local government entities? What are the concerns about the effectiveness and appropriateness of outsourcing these functions? What are the metrics for evaluation? When detention and incarceration are outsourced, what is necessary to ensure transparency, oversight, and accountability? Dora Schriro, former director of the Arizona Department of Corrections, former special advisor to U.S. Department of Homeland Security Secretary, Commissioner, Department of Correction, New York City Arizona State Representative John Kavanagh (R-8) Caroline Isaacs, Program Director, American Friends Service Committee Arizona office Moderator: David Gartner, Associate Professor of Law, Arizona State University, Sandra Day O Connor College of Law 3:10 4:40 Finding Effective Counsel from Jail: Models of Legal Representation in Arizona The performance of counsel in both the immigration removal and criminal justice context can be critical for both the outcome of the proceedings and for the efficiency/functioning of the courts - and individuals who are detained or incarcerated face even greater barriers to obtaining effective legal counsel. ICE holds up to 2,600 immigrants in detention daily in Arizona - and many thousands yearly - with limited access to legal representation and dependent on under-resourced non-profit legal service providers for counsel. What models are most effective in providing legal assistance to these detainees? Where are the gaps in representation and in the current landscape of resources? What works for individuals facing criminal charges who cannot afford attorneys? Should elements of the public defender system be replicated for individuals in removal proceedings? Are there other lessons to be learned? How can public defenders provide the best support for clients who are immigrants? Where are funding and expertise most needed in both systems, in Arizona and nationally? Lindsay Marshall, Executive Director, Florence Immigrant and Refugee Rights Project (Florence, AZ) Regina Jefferies, Attorney and American Immigration Lawyers Association Arizona Chapter Chair Victoria Beckman, Attorney, Maricopa County Public Defender s Office Andy Silverman, Joseph M. Livermore Professor of Law and Director of Clinical Programs, University of Arizona James E. Rodgers College of Law Moderator: Milagros Cisneros, Assistant Federal Public Defender, District of Arizona 4:40 5:00 Closing Remarks Ruthie Epstein, Human Rights First Reception to follow in the Rotunda
6 DIALOGUES ON DETENTION 4 PRESENTER BIOS Victoria Beckman Attorney, Maricopa County Public Defender s Office Victoria Beckman obtained her J.D. from the Sandra Day O Connor College of Law and her B.S. in Industrial Engineering from the Universidad Nacional de Colombia. She was born and raised in Manizales, Colombia, and came to the United States in She was part of the Capital Habeas Unit for the Office of the Federal Public Defender in Arizona and currently works for the Maricopa County Public Defender s Office. Her practice focuses on Spanish-speaking defendants who will be facing immigration consequences as a result of their criminal cases. Ms. Beckman has been awarded the New Attorney of the Year Award by the Volunteer Lawyers Program of Maricopa County (2009), the Outstanding Young Lawyer Award by the State Bar of Arizona (2009), was named one of the top 50 Pro Bono Attorneys in Arizona by the Arizona Foundation for Legal Services & Education (2010), and received the 40 Under 40 Award by the Phoenix Business Journal (2011). Because of her background, Ms. Beckman founded a scholarship for first- and second-generation immigrants at the Sandra Day O Connor College of Law, volunteers in several organizations providing legal services to indigent people, and assists in the training of new public defenders representing criminal defendants who are not U.S. nationals. Milagros Cisneros Assistant Federal Public Defender Milagros A. Cisneros was born and raised in Lima, Peru and received her A.B. in Political Science from Bryn Mawr College in She received her J.D. in 2000, from Arizona State University, where she was a member of the law journal. Her article, Notorious Notaries: How Arizona is Curbing Notario Fraud in the Immigrant Community, appeared in the Spring 2000 issue of the Arizona State Law Journal. Following her law school graduation, Milagros worked as an associate in the Phoenix office of Bryan Cave LLP, focusing her practice on commercial litigation, labor and employment law, and pro bono immigration work. In 2002, Milagros became an Assistant Federal Public Defender in Phoenix, a position she holds today. As such, Milagros represents indigent criminal defendants who are accused of federal crimes from trial through appeal. In 2011, Milagros was appointed by the judges of the U.S. District Court for the District of Arizona to serve a three-year term as a Lawyer Representative to the Ninth Circuit Judicial Conference. In , she was the chairperson of the State Bar of Arizona s Committee on Minorities and Women in the Law. At present, she is a member of the State Bar s Criminal Justice Section s Executive Council and is a State Bar of Arizona representative to the Board of Directors of DNA People s Legal Services, Inc. Milagros is a vice-president of the Board of Directors of the Florence Immigrant and Refugee Rights Project, on whose board she has served for a decade, and is a former board member of Arizona Attorneys for Criminal Justice. She is a member of Los Abogados and serves as a mentor through the Sandra Day O Connor College of Law s partnership with the Hispanic National Bar Association. She is the author of one book, Respectful Engagement: Cuban NGO Cooperation with Latin America, Europe and Canada, based on her experiences in Cuba in the early 1990s when she was an assistant coordinator for the Latin America and Caribbean Programs of the International Division of the American Friends Service Committee.
7 DIALOGUES ON DETENTION 5 Gregory Cook AIA, LEED AP BD+C, CCHP, CHHP Senior Associate/Senior Project Designer, Justice, HOK Greg Cook is a Senior Project Designer with HOK s Justice Group in St. Louis, and has worked in the field of architecture & design since Mr. Cook was the lead designer on the new Iowa State Penitentiary, currently under construction, which includes a significant mental health housing unit that will dramatically improve the standard of care inmates receive and better serve the communities into which they return. HOK is a global architectural and interior design firm that specializes in bringing award-winning design capabilities and a special focus on finding innovative new ways to create engaging, secure, functional, sustainable, and cost-effective facilities. In addition to his Master of Architecture degree from Washington University in St. Louis, Mr. Cook also earned a Bachelor of Science in Civil Engineering from the University of Illinois at Urbana-Champaign and in 2010 became the first architect in the nation to become a Certified Correctional Health Professional (CCHP). CCHP is highly regarded as a symbol of accomplishment and promotes correctional health care professionals knowledge, understanding, and application of standards and guidelines essential to the delivery of appropriate health care in the correctional environment Ruthie Epstein Researcher & Advocate, Refugee Protection Program, Human Rights First Ruthie Epstein holds a Master s of International Affairs from Columbia University and an A.B. in history from Washington University in St. Louis. Based in New York City, she works as Researcher & Advocate in the Refugee Protection Program at Human Rights First, with a focus on immigration detention and U.S. domestic asylum policy. Ms. Epstein is the author of Jails and Jumpsuits: Transforming the U.S. Immigration Detention System A Two-Year Review, released in October She presented the preliminary findings of this report in August 2011 at the annual meeting of the American Bar Association. Ms. Epstein has also worked extensively on the issue of Iraqi displacement and wrote the report Promises to the Persecuted: The Refugee Crisis in Iraq Act (2009). Previously, she helped to run Human Rights First s pro bono legal representation program for indigent asylum seekers in New York and New Jersey. Noel Fidel Attorney, former judge at the Maricopa County Superior Court and the Arizona Court of Appeals, former Merriam Distinguished Visiting Professor at the Sandra Day O Connor College of Law Noel Fidel received his A.B. from Dartmouth College in 1966, his J.D. from Harvard Law School in 1969, and an LL.M. in Judicial Process from the University of Virginia in Fidel was a member of the Superior Court in Maricopa County from 1982 to 1987 and of Division One of the Arizona Court of Appeals from 1987 to During his tenure on those courts, he served as the Superior Court s Civil Presiding Judge, as Division One s Chief Judge, and as Chairman of the Commission on Judicial Conduct. He is listed in The Best Lawyers of America in the Appellate Practice category.
8 DIALOGUES ON DETENTION 6 In , Fidel became the Merriam Distinguished Professor of Law at ASU s Sandra Day O Connor College of Law. He remained at the College of Law for six years, teaching first-year Torts and Statutory Interpretation each year, as well as serving as Associate Dean from 2003 to Fidel is a Life Member of the American Law Institute, where he served as an adviser on its Enterprise Liability Project and on the Restatement of Law, Third, Torts: Apportionment of Liability. Past honors include the American Jewish Committee s Learned Hand Award for "Sustained Contributions to the Advancement of Equality and Democratic Institutions," the City of Phoenix Martin Luther King Day Living the Dream" Award for "Courage and Commitment to Human Rights," and the Maricopa County Bar Association s Henry S. Stevens Award for "Outstanding Service to the Legal Profession." He is president of the Board of Directors of the Florence Immigrant and Refugee Rights Project. David Gartner Associate Professor of Law, Arizona State University, Sandra Day O Connor College of Law David Gartner teaches Constitutional Law, International Institutions, Foreign Relations Law, and Global Health Law and Policy at Arizona State University's Sandra Day O'Connor College of Law. His current research focuses on the role of innovative international institutions and non-state actors in shaping international law and the response to global challenges in areas such as global health, development, education, and the environment. He is a Nonresident Fellow at the Brookings Institution and a term member of the Council on Foreign Relations. Before joining the faculty, Professor Gartner was a Fellow at the Brookings Institution and a Visiting Scholar at Harvard University. Caroline G. Isaacs Program Director, American Friends Service Committee Arizona office Caroline Isaacs is the Program Director for the American Friends Service Committee s Arizona office. She has worked for AFSC in some capacity since 1995, starting out as an intern. Caroline has spent the majority of that time focused on criminal justice issues, conducting original research and advocating for just and effective policy in Arizona. She holds a Bachelor s degree in Political Science from the College of Wooster and a Masters in Social Work from Arizona State University. Recently, she authored a report on the poor performance of for-profit prisons in Arizona, entitled Private Prisons: The Public s Problem, which has been cited nationally as the most comprehensive state-based evaluation of prison privatization. Regina Jefferies Attorney and American Immigration Lawyers Association Arizona Chapter Chair Practicing solely in the field of immigration and nationality law. Regina Jefferies has extensive experience in family-based immigration, LGBT asylum cases, Federal court litigation, and deportation defense. Ms. Jefferies is the current Chair of the Arizona Chapter of the American Immigration Lawyers Association and earned her Master of Studies in International Human Rights Law from the University of Oxford in the United Kingdom. Ms. Jefferies is the former Manager of the Immigration Services Program at Friendly House, Inc., a non-profit social services agency in Phoenix. At Friendly House, Inc. she was responsible for overseeing the immigration program, providing full legal services to clients and conducting outreach and educational seminars. Prior to her work at Friendly House, Inc., Ms. Jefferies worked for the international firm of Littler Mendelson Global, focusing exclusively on employment-based immigration.
9 DIALOGUES ON DETENTION 7 John Kavanagh Arizona State Representative (R-8) John Kavanagh is a 19-year resident of District 23, which covers most of Scottsdale, Fountain Hills, Tonto and Rio Verde. John and his wife, Linda, have been married for 37 years and have two sons, Jonathan and Nicholas. John is a professor of criminal justice at Scottsdale Community College and director of the college s Administration of Justice Studies and Forensic Science Program. Prior to teaching at Scottsdale Community College, John taught at Arizona State University and served 20 years as a police officer with the Port Authority of New York and New Jersey Police Department, retiring as a detective sergeant. John served six years as a town councilman in Fountain Hills and also served three years on the Lafayette, New Jersey Town Council. He is also a Republican State Committeeman, Precinct Captain and member of the Fountain Hills Republican Club. John was awarded a BA in Liberal Arts from NYU, a Master s Degree in Government from St. John s University (Queens, NY), and a Ph.D. in Criminal Justice from Rutgers. He is also a military veteran. John has served on or belonged to many other government boards and community service organizations, including a Parks and Recreation Commission, Board of Health, School District Advisory Panel, Planning Advisory Group, Community Center Volunteers, Senior Services Board of Directors, the American Legion, the Civic Association, Historical Society, Friends of the Chamber of Commerce and Scottsdale Republican Forum. Dodie Ledbetter Deputy Court Administrator and former Detention Director for the Pima County Juvenile Court Center Dodie Ledbetter received a Bachelor of Science from the University of Houston in Sociology and a Master of Arts in Organizational Management from the University of Phoenix. She began her career working with children as a volunteer at Maricopa County Juvenile Detention Center. For the past 23 years she has worked as a detention officer, probation officer, supervisor, assistant detention director, detention director and most recently as the Deputy Court Administrator of Pima County Juvenile Court Center. Victoria López Program Director, American Civil Liberties Union of Arizona Victoria López is the Program Director at the ACLU of Arizona overseeing non-litigation advocacy efforts in defending civil rights and liberties in Arizona. She joined the ACLU of Arizona in 2009 as the Immigrants Rights Advocate to lead a documentation project on immigration detention. She is the primary researcher and author of In Their Own Words: Enduring Abuse in Arizona Immigration Detention Centers, a report based on over one hundred in-person interviews with people detained in Arizona. Victoria is a former Equal Justice Works Fellow, staff attorney and executive director of the Florence Immigrant and Refugee Rights Project. She holds a B.A. from the University of Illinois-Champaign and a J.D. from the University of Pennsylvania. Lindsay Marshall Executive Director, Florence Immigrant and Refugee Rights Project Lindsay Marshall is the Executive Director of the Florence Immigrant and Refugee Rights Project. In this capacity she oversees all of the Florence Project s programs. The Florence Project provides free legal and limited social
10 DIALOGUES ON DETENTION 8 services to the more than 3,000 men, women and unaccompanied children detained on any given day in Arizona for immigration proceedings. Prior to holding this position Lindsay was the Project s pro bono coordinator, where she recruited volunteer attorneys in the community to take cases on a pro bono basis and mentored the volunteers on these cases. Lindsay holds a J.D. from Northwestern University School of Law, a Master s Degree in Criminal Justice Policy from the London School of Economics and Political Science and a B.A. from the University of Michigan. Lindsay regularly speaks to community members, peer organizations, and other stakeholders about the immigration detention and enforcement system and serves on the Steering Committee of the Detention Watch Network. She is the recipient of the American Jewish Committee s 2012 Learned Hand Emerging Leadership Award. Dora B. Schriro Commissioner, New York City Department of Correction Dora B. Schriro is the Commissioner of the New York City Department of Correction. Commissioner Schriro served previously as Special Advisor to U.S. Department of Homeland Security Secretary Janet Napolitano and was the first Director of the Office of Detention Policy and Planning within U.S. Immigration and Customs Enforcement. Commissioner Schriro also served as Director of the Arizona Department of Corrections and the Missouri Department of Corrections. Dr. Schriro was Warden and, later, Commissioner of the St. Louis City Division of Corrections. She is the only correctional administrator in the country to have led two state and two city departments of corrections. She has taught graduate criminal justice and correction law throughout her career and is published in the areas of re-entry and criminal and civil systems reform. Dr. Schriro was recognized by her peers as the country s top correctional administrator in 1999; received the National Governors Association Distinguished Service to State Government Award in 2006; and earned the Innovations in American Government Award for the comprehensive pre-release strategy, Getting Ready, in In 2012, U.S. Attorney General Eric Holder presented Schriro with the Allied Professional Award for her leadership in the field of Victim Services. She is a graduate of Northeastern University (BA cum laude), University of Massachusetts-Boston (MS), Columbia University (EdD) and St. Louis University (JD). Cindy Schlosser Social Services Coordinator, Florence Immigrant and Refugee Rights Project Cindy Schlosser graduated from Valley City State University in 2005 with a Bachelor of Science in Spanish Education and history. In June 2009, she began working with the Florence Project as a legal assistant and currently serves as the Social Services Coordinator. The Florence Project provides free legal and related social services to Immigrants and Refugees who are in Immigration detention in Florence and Eloy Arizona. From , she worked with Latino immigrant communities in Minneapolis/St. Paul, Minnesota through the Sisters of St. Joseph and in El Paso, TX/ Cd. Juarez. On the El Paso/Cd. Juarez border, she volunteered with Annunciation House, a house of hospitality for immigrants and refugees, and facilitated border study delegations.
11 DIALOGUES ON DETENTION 9 Andy Silverman Joseph M. Livermore Professor of Law and Director of Clinical Programs, University of Arizona James E. Rodgers College of Law Andy Silverman is the Joseph M. Livermore Professor Emeritus at the James E. Rogers College of Law, University of Arizona. Even though Andy is retired, he still teaches Immigration Law, directs the Civil Rights Restoration Clinic, and coordinates the work of the Arizona Justice Project at the law school. He has written and spoken extensively in the areas of immigration law and border issues. Andy has been involved in social justice and human rights issues through being on the boards of the Florence Immigrant and Refugee Rights Project, Asylum Program of Arizona, Arizona Capital Representation Project, Death Penalty Alternatives for Arizona, Southern Arizona Legal Aid, Morris Institute for Justice and Primavera Foundation as well as being on the legal team of No More Deaths.
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