Lawsuit: California prisons target 'foreign-born' inmates
A lawsuit filed in state court alleges California's corrections agency routinely refers inmates who appear to be “foreign-born” to federal immigration authorities even if they are U.S. citizens
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.California’s corrections agency routinely refers inmates who appear to be “foreign-born” to federal immigration authorities even if they are U.S. citizens and lawful residents, with some improperly detained by the government for weeks after their sentences, said a lawsuit filed in state court Thursday.
The lawsuit by the American Civil Liberties Foundation of Northern California also says that inmates singled out as being born outside the U.S. are denied access to rehabilitative programs.
Lawyers representing former and current inmates said in a news release announcing the lawsuit that California's policies and practices target immigrants and refugees based on place of birth, race and other prohibited classifications.
Corrections officials refer hundreds of people each year to U.S. Immigration and Customs Enforcement, known as ICE, for possible deportation, even those born in the U.S., the lawsuit states.
The California Department of Corrections and Rehabilitation did not respond to requests for comment.
According to the complaint, plaintiff Brian Bukle was referred to ICE because he was born outside the country even though corrections records indicated his status as a U.S. citizen. He was transferred into ICE custody at the end of his sentence in June 2020 — missing Father's Day with his son — and was released after more than a month only after an immigration lawyer intervened.
Corrections officials also flagged another plaintiff, Anouthinh “Choy” Pangthong, to ICE even though he is a U.S. citizen born in a refugee camp. He spent nearly 19 years in prison fearing deportation and needed an attorney to remove the federal hold, the complaint states.
Pangthong said in a statement that at one point he almost hoped to stay in state custody “to just avoid being ripped apart from my home and family. Deportation would mean losing my loved ones and a life rooted in the community and state I call home.”
The complaint states that the state agency's department operations manual directs staff to refer inmates who are foreign-born to federal immigration authorities for possible deportation, even though many people born abroad are naturalized U.S. citizens or permanent residents who cannot be deported.
The complaint filed in Alameda County provides examples of inmates, some identified only by their initials, denied access to re-entry and other rehabilitative programs because they were flagged as foreign-born.