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64. In practically every state in the country, ICE raids have separated children from their
parents. Testimonies from children and parents, as well as from social service providers, faith
leaders, and elected officials, speak of the widespread social devastation caused by ICE raids.
65. The Special Rapporteur is particularly concerned about the stepped up strategy of arresting
deportable immigrants through early morning actions at their homes. In many cases, ICE enters a
home with a warrant to arrest one or several immigrants and then proceeds to sweep the entire
building, knocking on other doors and demanding to see immigration papers from all the
inhabitants. In one case three young boys, aged three, four and seven were awakened at six in the
morning to find that their parents were being taken away by immigration officers. ICE carries
out these raids in a forceful fashion and uses them not only as an enforcement mechanism but to
deter others from being in the United States. These raids are carried out as coordinated efforts
with a massive law enforcement presence and have considerable impact on affected families and
communities.
66. The Special Rapporteur heard accounts from victims that ICE officials entered their homes
without a warrant, denied them access to lawyers or a phone to call family members and coerced
them to sign “voluntary departure “agreements.
67. Many who are subject to these raids and subsequent mandatory detention are long-time
permanent residents who know far more about the country from which they are facing removal the United States - than the country to which they may be removed. Although lawful permanent
status is not terminated with detention, but only when a final order of removal is entered against
an individual, lawful residents can be detained until there is a final resolution in their case.
E. Mandatory detention
68. Detention impairs an individual’s ability to obtain counsel and present cases in removal
proceedings. In 2005, 65 per cent of immigrants appeared at their deportation hearings without
benefit of legal counsel. Despite the adversarial and legally complex nature of removal
proceedings and the severe consequences at stake, detainees are not afforded appointed counsel.
69. Moreover, detention impacts an individual’s ability to earn income, thereby also impeding
the ability to retain counsel. To make matters worse, the Department of Homeland Security often
transfers detainees hundreds or thousands of miles away from their home cities without any
notice to their attorneys or family members, which violates the agency’s own administrative
regulations on detention and transfer of detainees. Non-citizens are often detained in particularly
remote locations. Many private attorneys are put off from taking cases where clients are detained
in such locations. Onerous distances, inflexible visitation schedules and advance notice
scheduling requirements by facilities are all obstacles that impede the ability of detainees to
secure and retain legal assistance.
70. Detention severely impairs the right of a respondent in removal proceedings to present
evidence in her or his own defence. Extensive documentation is often required, including family
ties, employment history, property or business ties, rehabilitation or good moral character.
Obtaining admissible supporting documents from family members, administrative agencies,