Child Detention

CHAPTER SIX

Why Landing in Trump’s America May Be a Fate Worse Than Death, Refugees Wonder

Now locked up in the largest immigration-detention system in the world, thousands of innocents rue their status as long-term prisoners.

Front entrance of the Casa Padre child detention center, Brownsville, Texas (photo by Sarah Towle 2020)

Front entrance of the Casa Padre child detention center, Brownsville, Texas (photo by Sarah Towle 2020)

What are They Hiding?

We were told that the first-thing a newcomer encounters at Casa Padre, a detention center for migrant kids, is a black and white image of Donald Trump drawn against the backdrop of an American flag. Alongside it, a quote from his 1987 book The Art of the Deal:

“Sometimes by losing a battle you find a new way to win the war.”

Was this for real? Or was it just a bad joke, reflecting the nightmare that is the vast network of clandestine kids’ jails, like Tornillo, that now criss-cross the USA?

Jim and I aimed to find out.

It was easy to find Casa Padre. I typed the name into Google Maps, eh voila! There it was, hiding in plain sight in a Brownsville, TX, strip-mall not far from our home-away-from-home at the Hampton Inn on the I-69E Frontage Road. It occupies a former Walmart and is run by Southwest Key, the highest paid of 61 federal government contractors that struck it rich off the detention and transportation of “unaccompanied alien children” in 2018.

It is said that Casa Padre is the largest “licensed childcare facility” in the US, housing approximately 1,500 boys from 10–17 years old. But Jim and I couldn’t corroborate that for sure, because just like US Senator Jeff Merkley (D-OR) before us, we were turned away before we could reach the door.

In fact, it appears that no one, other than staff bound by ironclad NDAs — and, of course, the detained — has entered the facility since federal authorities admitted a small group of reporters to tour the secretive shelter after Merkley’s June 2018 rebuff sparked an outcry.

After that, nada. Which begs the question: what are they hiding?

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Authorized Personnel Only

As we pulled into the drive, we were met right away by a sentry. She’d stepped out of a little wooden hut and requested with a wave of the hand that we lower the window. We did.

“May I help you,” she asked.

“Isn’t this the Walmart?” we said, feigning ignorance.

“No,” she said, reversing her wave. “You’ll have to back out.”

“Into oncoming traffic?” Jim responded. “Not likely.” He pulled forward and took a wide tour of the parking lot so I could snap some pics. From our rear-view mirror, we could see the sentry talking into her phone, then jotting down our license plate number.

On our way back out, she waved at us again. This time indicating we should stop.

“In future, please know only authorized personnel can come in here,” she said, matter-of-factly. At which point, I just couldn’t help myself.

“This is that kids’ jail, isn’t it?” She pursed her lips.

“How do you feel about working for a company that imprisons kids? Are you able to sleep at night?”

She turned away from us, and marched back into her hut. Jim drove on. But we really, really wanted to know. So I texted Tía Cindy:

Any chance you can get us into a detention center?

She responded within seconds. Sure. I’ll put you in touch Tía Madeleine.

Angry Tía Madeleine Sandefur at the June 14, 2018 Families Belong Together rally (photo credit: Brownsville Herald)

Angry Tía Madeleine Sandefur at the June 14, 2018 Families Belong Together rally (photo credit: Brownsville Herald)

The Unsung Angry Tía

Madeleine Sandefur calls herself “an accidental activist.” Yet, she has been at the forefront of many causes since her arrival in South Texas in 1969. She’s a voting rights advocate with the League of Women Voters; an environmentalist involved in the public protest to save South Padre Island habitats from the liquefied natural gas industry; and a fundraiser for Alzheimer’s research. She helped to organize the Brownsville Women’s March, one of 408 that swept the nation, and 673 that took place on the world’s seven continents, the day Donald Trump crossed his fingers behind his back and pledged to uphold and defend the US Constitution.

On June 14, 2018, Madeleine brought her organizational skills to bear, in league with her birder friend, Joyce Hamilton, to mount Brownsville’s Families Belong Together rally. Before the protest was over that day, she’d become the fifth Angry Tía. And because she lives just miles away from the Port Isabel Detention Center (PIDC), where Customs & Border Patrol (CBP) were then sending migrants, that became her “beat.”

Her role was to provide hope to the anguished mothers whose kids had been seized, and to liaise with lawyers, like Jodi Goodwin and ProBar ’s Kimi Jackson, who were tirelessly — and without pay — trying to track them down. To do that, she had to school up quickly on Trump & Co’s shape-shifting anti-immigrant agenda, making her the Tías’ expert in all detention-related matters today.

By the time Jim and I arrived in the Rio Grande Valley, the PIDC contained only men — 1,500 of them. Tía Madeleine serves the asylum seekers among the detainees, who are distinguishable from the more hardened criminals by their blue coveralls. The others wear red.

She secures them legal counsel, comforts them by phone or email when they lose hope, and is always there to ferry those who get out to bus or plane. She refers to them collectively as “my boys.” They all call her “mama.”

Madeleine presents a surprising package. Her petite, soft-spoken stature masks a fierce devotion and loud determination for justice. A naturalized immigrant from Zurich, Switzerland, married to a Kentucky-born US Airman, she’s now dedicated to fighting the very system that welcomed her.

“What moved you to take on such a Sisyphean challenge?” I asked her.

“Because this wasn’t what I signed on to when I became a US citizen.”

1984, Brazil, or Soylent Green?

The front entrance of the Port Isabel Detention Center with dedication to victims of 9/11 (photo: US Immigration & Customs Enforcement)

The front entrance of the Port Isabel Detention Center with dedication to victims of 9/11 (photo: US Immigration & Customs Enforcement)

January 2020: The year after “the future” envisioned in dystopian movies of my youth — Blade RunnerAkiraRunning Man — a few decades past the world of Escape from New York, and just two years from Soylent Green. None of these films portrayed an evil as banal as what Jim and I encountered at PIDC. There, where freedom-seeking refugees are locked up according to the whims of a lawless White House, Orwell’s 1984 comes closer to mind, or Terry Gillian’s Brazil. There is certainly no golden door for the wretched refuse yearning to be free at the PIDC.

Located just a few wing-flaps of a migratory bird away from the tourist beaches of South Padre Island and roughly 30-miles north of the 2000-mile humanitarian crisis stretching from Matamoros to Tijuana, PIDC provided us the key to our expanding witness. We understood instantly that Trump & Co’s manufactured immigration crisis was not limited to the Mexican side of the US border, where they simply washed their hands of any responsibility for the huddled masses and tempest-tost [sic] homeless. The crisis, it turns out, is a growing cancer inside US borders, too, where people of all ages who are innocent of any real crime are locked up in cells and cages, and tucked away from prying eyes.

Having already been denied entry to Casa Padre, we weren’t expecting much as we wound our way up the long, landscaped driveway toward the low-slung brick structures and barbed-wire topped chainlink fences raised within a federal nature preserve. We parked the Kia and walked by the stone monument dedicating the site to the victims of 9/11. We passed through metal detectors after emptying our pockets of all but the car keys, receiving nothing but polite interaction from our khaki-clad minders. I noted they were not the old, fat, white men of my expectation, but resembled more their prisoners. I marveled at the significance of this just as I reeled at my own internalized bias. We signed in and gave up the Alien Identification Numbers of the inmates we’d come to visit.

And there we were, in the waiting room of an antiseptic institution where rows of straight-backed, scoop-seated metal chairs are bolted into a cold, painted gray cement floor. A reverse ATM machine — allowing visitors to deposit money into detainee accounts for commissary purchases, like soap — nestled up against a vending machine offering bottled water, sodas, and junk food. Above them, a single soundless television monitor projected The Hunger Games — a coincidence, surely, but also a way too obvious metaphor to resist mentioning for the bizarre world we’d entered.

Locked Up & Forgotten

Detainees walking at PIDC (photo: US Immigration & Customs Enforcement)

Detainees walking at PIDC (photo: US Immigration & Customs Enforcement)

The rule, if you’re not a lawyer, is one inmate per visit. So, Tía Madeleine gave us the AI#s of two men, one from Guinea, the other The Gambia, and both in dire need of human contact, even if through plexiglass and a 20th-century-style telephone with a crackling receiver speaker. “But just in case the guards are feeling generous,” she said, “I’ll give you a third AI# for a man from Cameroon.” He was doing better than the other two emotionally, but was lonely and bursting to tell his story.

We waited an hour. Having been stripped of our phones and notebooks, we had nothing to pass the time but each other and the muted transmission of the Mockingjay’s struggle against The Capitol. Finally, a door opened and a guard beckoned us. We were ushered down a long, institutional hall with two-toned grey-on-grey walls, through another door leading into a large room of darker gray carved up by cubicles. Inside each open-backed, gray-walled cubicle, white formica-topped facing tables, 3-ft wide by 1-ft deep, were split in two by plexiglass barriers that reached to the ceiling. And just as pictured in every prison movie or sitcom you’ve ever seen, a grey phone sat perched on the facing wall to the right. There, in this room of repeating white and grey and no natural light, we met M and K, both French-speaking African men for whom, here in South Texas, it was rare to receive mother-tongue visitors, and V, an English speaker from the mostly French-speaking nation of Cameroon.

One by one, we heard their stories, both harrowing and heroic, of fleeing certain death back home and enduring a months-long pursuit of freedom only to be shackled, clad in a blue jumpsuit with PIDC emblazoned across the back, and imprisoned. They should all have been awarded asylum for simply having survived the overland trek from Ecuador — the gateway for African migrants because it requires no visa — through Colombia, Panama, and Costa Rica to Nicaragua where smugglers passed them from cars to buses to trains all the way through Mexico, everyone getting their palms greased along the way. Jim and I were already well aware of the long, painful, arduous, and dangerous journey to the US, on foot or hanging from La Bestia, that Northern Triangle asylum seekers were taking. But we’d never before conceived of the added hardship of crossing three additional countries worth of mountains, rivers, and jungles without adequate food or water or footwear. The African migration trail to the US, V informed us, is littered with dead bodies.

To endure a voyage like that, you really would have to be running from a life most terrible. And these three were among the few lucky survivors. But some days, they all confessed, they felt that dying on the trail might have been preferable to landing in Trump’s America.

None of the three could go home again. They were well and truly stuck. M became a marked man when the opposition candidate he’d worked for lost a corrupt election. He’ll be taken from the airport on arrival and executed if made to go back. Without books to read and paper to write on, he passes the long days making wallets out of trash.

K, a homosexual in a country that considers such identities punishable by death, ran when his lover was outed and murdered by neighbors. They were coming for K next. He, too, could only survive in hiding back home, if he made it out of the airport alive.

V had managed to get on the wrong side of both sides in a vicious civil war. He named names under torture by the government and was freed. But then the rebels went after him. If he ever returns, there’s no telling which side will tear him apart first.

V, a fairly recent arrival to PIDC, had been there mere months at the time of our visit. M’s imprisonment in the US, however, had surpassed three years. PIDC was his seventh detention center. K had been at PIDC nearly two years, and he was distraught. The appeal of his previously rejected asylum claim had been denied the previous day for lack of hard evidence. Keep in mind it’s impossible to stop collect, and pack evidence of your lovers’ murder when you’re forced to drop everything and run. His pro-bono lawyer felt his case was worth appealing, meaning he’d remain in prison in the US for many months more unless he signed his own deportation papers. That was his choice: indefinite detention with no clear outcome or death. He spent the entirety of our interview shrieking, “Aidez-moi! Aidez-moi!” into the crackling phone.

The World’s Largest Immigrant Detention System

Graph by Freedom for Immigrants shows number of immigrants detained per country in 2019. The next highest country was Saudi Arabia at 250,000.

Graph by Freedom for Immigrants shows number of immigrants detained per country in 2019. The next highest country was Saudi Arabia at 250,000.

To understand why M, K, and V were trapped at PIDC, rather than at home with their sponsors — for they all have sponsors — you have to understand that under Trump & Co, immigrants are not people but product. They are pivotal to the profitability of a private prison industry that has made detaining immigrants key to their business model.

Take the Geo Group Inc, the wealthiest for-profit prison contractor worldwide. One out of five of its 850,000 US beds are in ICE detention centers. It and CoreCivic, the next-richest private prison operator in the US, faced a serious existential threat when, in 2016, Obama green-lighted the beginning of the end of privately run prisons.

But the industry’s investment in the Trump campaign — a combined $500,000 — paid off. The morning after Trump’s election, the stock values of GEO Group and CoreCivic rose 18% and 34%. respectively. In April 2017, then-Attorney General, Jeff Sessions, revoked the Obama administration’s prison-reform initiative and began requesting bids private prison operators again. That same month, the GEO Group won a $110 million contract to build the first ICE detention center under the new administration.

Then, Trump & Co allowed ICE to deftly exploit a gap in legislation that fails to limit detention duration. By 2019, 52,000 immigrants were being detained in ICE facilities — 70% operated by private contractors. The average stay in a for-profit prison is 87 days, as against the 33.3 day average in publicly run facilities.

The Price of Hate

Graph by Freedom for Immigrants shows number of immigrants detained in US by age in 2019.

Graph by Freedom for Immigrants shows number of immigrants detained in US by age in 2019.

M, K, and V are among 37,000 adult immigrants detained within the largest immigrant detention system in the world, one that in 2019 held more migrant children away from their parents than in any other country in the world: 69,550. That’s enough infants, toddlers, kids, and teens to overflow an NFL stadium. That’s despite the overwhelming evidence that prolonged detention is traumatic for children, causing long-term and irreparable physical and emotional harm.

These people are innocent of any real crime. All they seek is life. The only plausible reason for keeping them under lock and key — particularly in the midst of a lethal global pandemic — is the price Trump & Co have put on hate.

Take Southwest Key, the for-profit operator of the impenetrable Casa Padre: It raked in nearly $1.5 billion in government contracts in 2018 for the detention and transportation of “unaccompanied alien children.” The second-highest paid player in the kid imprisonment business that year was BCFS Health and Human Services of Tornillo fame. It pulled in almost $7 million in government business in 2018. The third-highest vendor, Comprehensive Health Services, Inc, made nearly $3 million in 2018. It’s Homestead, Florida operation housed 3,000 teens in tents at its height, and charged $775 per detainee, per day.

And here’s a Homestead “fun” fact: Prior to becoming Trump’s first Secretary of Homeland Security, John Kelly sat on the board of and worked as a lobbyist for a company called DC Capital Partners. DCCP created the private prison firm, Caliburn International. Owned by Comprehensive Health Services, Caliburn ran Homestead. Shortly after leaving his job as White House Chief of Staff in 2018, Kelly joined Caliburn’s Board of Directors.

You’ll recall that John Kelly was the first member of Trump & Co to go on the record, early in 2017, saying that the government was considering separating migrant families, “as a way to deter immigration.”

1984Brazil, or a cancer eating out the insides of Trump’s America? You decide.

Let us be reminded that before there is a final solution, there must be a first solution, a second one, even a third. The move toward a final solution is not a jump. It takes one step, then another, then another.
— Toni Morrison, 1995

CHAPTER FIVE: Free Them! How One Man with a Bold Sign and a Commitment to Witness Fought the Power

Joshua Rubin didn’t just kick-start a movement to spring refugee kids from jail, he woke us up to the meaning of humanity 

Cruelty Remains the Point

Joshua Rubin protest the mass incarceration of immigrant children, Tornillo, Texas, Oct 2018-Jan 2019 (photo courtesy of Joshua Rubin)

Joshua Rubin protest the mass incarceration of immigrant children, Tornillo, Texas, Oct 2018-Jan 2019 (photo courtesy of Joshua Rubin)

I was compelled to write The First Solution as part of the crusade against the institutionalized cruelty of Trump & Co’s immigration agenda. But when images of kids being ripped from the arms of their parents pinged around the world, I didn’t drop everything and go protest — indefinitely and alone — in the middle of nowhere.

Joshua Rubin did that.

Joshua’s outrage, like mine, began when Trump & Co announced, on April 6, 2018, that they would henceforth have “zero tolerance” for anyone trying to enter the US at the southern border. Whether sneaking in via river or desert  or requesting asylum at an established port of entry — a human right recognized by international law — everyone would now be charged with “illegal entry” and processed as a criminal.

Then, exploiting a US Department of Justice loophole that prohibits children from remaining in the care of a parent accused of a crime, Trump & Co just took them. 

The scenes of inhumanity shook us to the core. A mother shackled for protesting her suckling infant being pulled off her breast. A man dead from suicide on being denied information regarding the whereabouts his wife and three-year-old son. Distraught siblings punished for trying to comfort each other.

Religious groups decried family separations as “deeply immoral.” Amnesty International said it was “tantamount to torture.” The American Academy of Pediatrics warned it would trigger “toxic stress,” disrupting and potentially arresting brain development. Physicians for Human Rights predicted — and have since proven — that the mental, emotional, and physical toll the the experience will last a lifetime.

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Families Belong Together

Criticism of the policy sparked a movement: Families Belong Together. Some 250 organizations coalesced to fight for the immediate reunification of families separated at the border, and the compassionate treatment of immigrants going forward. From their home in Brooklyn, NY, Joshua Rubin and his wife, Melissa, joined the nationwide protests that erupted that spring. Melissa made them a sign. Big bold letters painted in black on white foam core read: FREE THEM.

But Joshua didn’t end his protest there. He packed his sign and flew to McAllen, TX, ground zero of family separations at the time. He went to the Ursula Processing Center, aka La Hielera (the icebox), the largest Customs and Border Patrol (CBP) location, and the first place immigrants crossing the border into that area of south Texas landed — a 72-hour a way-station in a 77,000 sq. ft. warehouse retrofitted to hold 1,000 children…

…in cages.

Joshua stood vigil outside Ursula for days, a lone protester whose poster shouted FREE THEM to all who went in and came out.

While he was there, the cries of inconsolable children inside Ursula reverberated around the world. Recorded by someone on staff, then passed to Jennifer Harbury of the newly-formed Angry Tías, it put McAllen on everyone’s map. 

But then the rains came, and McAllen’s streets turn into rivers. Joshua couldn’t get out for several days. 

The clouds parted to reveal a second protester: a young Democratic politician from Maine, then running for US Senate against the Independent incumbent, Angus King. Zak Ringlestein was his name and he’d shown up with a pick-up truck full of water and toys and bedding — gifts from his constituents — which he parked in front of the entrance to the facility and refused to move. A campaign stunt, perhaps. But his presence brought reporters. 

On the record, he said he wouldn’t remove his truck until he was allowed inside. Under his breath, he told Joshua it was either that or get arrested.

Joshua offered to join him. The FREE THEM message rang a littler louder.

Detained!

Trump-zero-tolerance-policy-protest.jpg

Zak and Joshua were indeed arrested, carried off to spend the night in the Hidalgo county jail. “It was shockingly cold,” Joshua remembers.

There was nowhere to sleep but the floor. The lights were never turned off. Joshua couldn’t catch a wink, and empathized more than ever with the plight of all detainees, having become one himself, if only for one night.

Meanwhile, lawyers working round the clock to locate the children of parents and guardians held in Rio Grande Valley detention centers were beginning to understand the method to Trump & Co’s madness: From CBP, they were channeling adults and children into different bureaucratic purgatories.

Adults were labeled “illegal aliens” and passed to the Department of Homeland Security (DHS), then detained by Immigration and Customs Enforcement (ICE). 

Kids and youth were labeled “unaccompanied alien children” (UACs) — as if they’d crossed the border alone — then passed to the Office of Refugee Resettlement (ORR), a branch of the US Department Health and Human Services (HHS), for “sheltering.”

“Shelters” started popping up all over the country: in empty office buildings, abandoned Big Box Stores. ORR wasn’t forthcoming about the location of these shelters or who was running them. Not even the minors’ attorneys were allowed to know. Many were clandestine.

The Protest Grows

Click on the image to access Carbon Trace Productions.

Click on the image to access Carbon Trace Productions.


Once sprung, Ringlestein returned to Maine and Joshua resumed his vigil, but with new company:  A friend, Doug Roller, brought along a documentary film crew called Carbon Trace Productions. Andy Cline and Shane Franklin arrived, toting a video camera.

The four drove east, 45 minutes, to attend the Families Belong Together rally in Brownsville, organized by Angry Tías, Madeline Sandefur and Joyce Hamilton. 

Then they hit the road west, 1000 miles, to join the national mobilization of Families Belong Together in El Paso on June 30th.

From there, they traveled another 40 miles east of El Paso to see a tent city encircled in barbed-wire topped chain-link fence. It had been raised from the desert floor in the border town of Tornillo. A new detention center exclusively for kids

Tornillo had opened that Father’s Day with 100 inmates and amidst protests so vehement its existence made the national headlines. When Joshua, Doug, Andy, and Shane arrived, it held 400 teens, all victims of family separation. 

The thought of imprisoning kids nagged at Joshua, the father of a son. But he had to get home. Besides, Trump rescinded the policy of family separation 10 days before by executive order. Popular protest had won. No?

Lost Count

Crime Against Humanity.jpg

No.

Family separations did not stop. They just went underground. And court orders to reunite families did not happen either.

Trump & Co missed their July 20th deadline to reunite families of children 4 years old and younger. They missed their July 27th deadline to reunite children aged 5–17. Finally, CPB Commissioner Kevin McAleenan confirmed: they weren’t able to reunite families because data necessary to track down either children or parents had not been collected.

Rio Grande Valley attorneys scrambled to try to find the stolen children themselves. But in the alphabet soup of departments and offices of an already inept administration, no one really knew who was taken from whom, or where exactly they’d gone.

Some were detained. Others had been deported. Even today the numbers vary as to how many families Trump & Co lost track of within the multi-layered system of intersecting agencies. 

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Can’t Count

In early June 2018, DHS stated that 1,995 minors were separated from 1,940 adults from April 19 through May 31. As of June 26, that number was revised to 2,047 kids. But this still did not include the kids taken before ‘zero tolerance’ became public. 

When news came out that family separations had been piloted in El Paso from October 2017, affecting another 281 “family units,” the official tally of stolen children jumped to nearly 4,000

Then reports emerged that DHH had “lost” another 1,475 children in 2017.

On June 27, ProPublica reported that a network of approximately 100 shelters and foster homes in 14 states run by ORR and an assortment of nonprofits were already housing 8,886 children who’d crossed the border before April.

DHH revised its numbers again, admitting that following the roll-out of Trump & Co’s zero-tolerance, it had 10,773 youth in custody. It also said that because its shelters were at 95% capacity, it was exploring the idea of setting up kids’ detention centers on underutilized military bases.

But by now, both science and legal precedent had established that children should be with loved ones until their parents or guardians could be found. It was more humane, less toxic, and far less costly for taxpayers. And it would be easier to track down their parents on a case by case basis.

The nation, and Joshua, were left wondering: why are these children being detained when they should be going to relatives or sponsors already in the US?



The Vigil Resumes

Photo courtesy of Joshua Rubin

Photo courtesy of Joshua Rubin

September 2018 found Joshua Rubin back in El Paso for a national interfaith gathering called El Grito de la Frontera (Cry from the Border), convened by Faith in Public Life and Hope Border Institute. There, another attendee said something that might have caused others offense, but Joshua took it to heart. She said she was tired of people coming to the border for a few days and thinking they’d “done” something.

Back in Brooklyn again, a New York Times article further captured Joshua’s attention: teenaged boys in detention centers all over the country were being rounded up and sent to Tornillo. The population was now 1000.

Then Amnesty International calculated that at least another 6,022 children had been separated between April 19 and August 15, 2018, indicating that Trump & Co had gone right on stealing children from their parents even after the executive order that ended the policy.

Joshua decided to go see for himself what was happening at Tornillo. He devised a plan that met with the approval of Hope Border Institute: Claiming to be part of the Carbon Trace film crew, he would hire an RV and park it at the shuttered Tornillo-Guadalupe Toll Plaza just across from the gateway into the ever-expanding tent city. The toll plaza sat inside the El Paso county line, while the detention center stood on the border on federal land. So, authorities could not force Joshua to leave.

He packed up Melissa’s FREE THEM sign once more, as well as a new one. It read: WITNESS TORNILLO. He kissed her goodbye and promised to be back within three months. That was mid-October 2018.

Joshua Rubin Witness at Tornillo.jpg

The Subversive Act of Seeing

En route to Texas, Joshua thought a lot about the responsibility of bearing witness. “I didn’t expect to accomplish anything. I still don’t know if I did. But I was seeing. And I was recording what I saw in writing, which I’d never done before.”

The writing was therapeutic for Joshua who was alone for the first month and a half, “It was like my 40 days in the desert.” 

He joined Facebook and started sharing his daily reports with the outside world. His ‘seeing’ became subversive. When friends shared his observations, a movement began to coalesce around his one-man action. His following began to grow.

“And what did you witness?” 

Modern Mass Internment

An aerial photo shows the Tornillo tent city, Friday, November 9, 2018 (photo by Tom Fox / Staff Photographer, Dallas Morning News)

An aerial photo shows the Tornillo tent city, Friday, November 9, 2018 (photo by Tom Fox / Staff Photographer, Dallas Morning News)

Joshua saw a compound of pristine white tents lined up in neat rows surrounded by an impenetrable fortress of barbed-wire topped silver chain-link fence. A concentration camp for children. El Paso journalist Robert Moore described it, “The largest mass incarceration in the US of children not charged with a crime since the Japanese internment during the Second World War.”

Joshua saw trucks going in, carrying more generators, tents, beds, and port-a-pots, followed by buses carrying more youth, ages 13–17, both boys and girls. More teens went in than came out.

Joshua saw trucks carrying potable water in at the rate of 70,000 gallons a day, and trucks carrying equal amounts of grey and black water going out. In the middle of the desert, Tornillo was well and truly off the grid. Generators, hummed round the clock, powering lights and, Joshua assumed, air conditioners.

“It’s no accident that this is in Tornillo,” remarked then-Congressman Beto O’Rourke at the Father’s Day protest. “It’s in a remote location on purpose so the American people don’t know what’s happening here.”

Joshua witnessed the camp expand into the biggest federal prison in the country. “If there were 1000 kids there when I arrived,” he told me, “There were at least 3000 in the end.”

Hope Border Institute calculates that, all told, 6,000 boys and girls passed through Tornillo’s patrolled gateway from June-December 2018. Moore pegged it at closer to 6,200.

The Tornillo youth were brought into the camp’s yard in formation each day, “marched, single file, like prisoners.”

Once in the yard, they were “at ease,” but remained under constant surveillance. They played soccer and milled about in groups. But they were never permitted to touch. They could never hug or console each other. Only a fist bump was allowed.

One soccer pitch ran alongside the Tex/Mex border wall. There was enough space between the chain-link and bollard fences that Josh could walk that side of the fortress compound without being accused of “trespassing.” He could sometimes get close enough to talk with the kids, but they were reluctant to chat if the guards were near.

One day he found out that an El Salvadoran boy had been inside for three months. Another boy shouted “four months,” and another said, “Six, since the opening of the camp,” before a guard hurried over and shut down their conversation. The next day, tarps lined the inside of the fence to keep the kids from Joshua’s view, and vice-versa.

No estan solos,” he would reassure them when he could (you’re not alone).

Estamos de tu lado,” he’d tell them (we’re on your side).

We Aren’t in Brooklyn Anymore

Migratory birds sometimes landed at Tornillo to watch the kids. Then flew off again, an irony never lost on Joshua (photo courtesy of Joshua Rubin)

Migratory birds sometimes landed at Tornillo to watch the kids. Then flew off again, an irony never lost on Joshua (photo courtesy of Joshua Rubin)

Nighttimes were peaceful, and beautiful, if cold. The sky was awash in galaxies and stars — something you could never see from Brooklyn. Mornings brought distant mountains into view, as well as the sound of the wind rustling the fields of scrub, cotton, and alfalfa. And, of course, the generators. Daytimes, Joshua waved to the busloads of new arrivals, his heart breaking for them. 

“They had no idea what was in store,” he said.

He would chat with the occasional passer-by who rolled to a stop and through an open window asked about the compound; about what he was doing there; about the meaning of his sign: FREE THEM.

Sometimes Joshua chatted with the truck drivers as they waited, engines thrumming, for the gates to open wide enough to let them in. “What are you hauling?” he would ask. “Do you know what you’re supporting?” And if they didn’t, “That’s a jail,” he’d tell them. “For kids.”

Eventually, Joshua’s Facebook following grew to 3000. Shane returned to Tornillo with another cinematographer, Taye Taye, to continue documenting Joshua’s action. They, too, would call their project: Witness at Tornillo.

More Dirty Tricks

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Most of the kids at Tornillo were waiting to be reunited with parents or sent to the guardians who’d agreed to sponsor them while their immigration cases were processed. They’d feed and clothe them and send them to school. And following the mandates of the 1997 Flores Agreement, written to protect all children from prolonged detention, none should have been held for more than 20 days.

But Trump & Co found and exploited another loophole: The Flores Agreement stipulates that children be in the care of “State Licensed Programs.” Because they placed the Tornillo detention center on federal, not state, land, they claimed exemption from Flores Agreement rules.

They hung onto their young inmates for as long as they needed them. Time served stretched to a new average of 90 days, owning to additional Trump & Co regulations that obligated all members of a sponsor’s household to be fingerprinted and undergo background checks. The data derived from the vetting of sponsors and their families were then shared with ICE, which used it to ferret out and deport undocumented immigrants living in the US, including upstanding community members that had been in and contributed to the country for decades.

When it became clear that Trump & Co were using the Tornillo kids as bait, many sponsors ceased to cooperate, trapping kids in Tornillo even longer. It also brought Trump & Co’s methods under further scrutiny.

News surfaced that HHS allocated $367.9 million in the last quarter of 2018 to operate Tornillo, which now held 3,000 boys and girls, or more. But the Washington Post reported on December 18, that about 14,600 children were then in the custody of HHS — the highest number in the agency’s history. While Trump touted Tornillo as a model to be replicated, talk of creating additional facilities like it sparked outrage.

Then, CNN revealed that the more than 2,000 Tornillo employees had never undergone FBI background checks, in violation of HHS’s own guidelines. This further highlighted that it was in no way a shelter “licensed” to hold and care for the unique needs of kids. It was, in fact, exactly what Joshua witnessed: a prison.

What’s more, feedback from chaplains given access to the Tornillo inmates painted a picture of psychological duress due to their indefinite confinement, duress that was not being met with adequate psycho-social support. The kids of Tornillo were by all indications suffering.

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Christmas at Tornillo

Meantime, the movement that sprung from Joshua’s Facebook following was taking on a life of its own. Shane teased the outside world with images of Joshua and the Tornillo kids on YouTube. Protesters from El Paso and the surrounding area joined them on weekends. Some even stayed a night or two, sleeping in their own vehicles.

If Tornillo opened to local criticism, it was now a national flashpoint.

In mid-November, 70 faith leaders, many of them Jewish congregants and their rabbis, joined Joshua to protest the kids’ jail, sparking the Shut Down Tornillo Coalition. Actress and activist Alyssa Milano came to interview Joshua outside the detention site. And appealing to Joshua’s followers, Ashley Heidebrecht, an El Paso social worker, organized a rally to coincide with a December 15th visit of congressional delegates, including Beto.

Then, activists celebrated Christmas at Tornillo. They sung and chanted as loudly as they could, lifting their voices up and over the chain-link and barbed wire fence to let the children know people were thinking of them that holiday season. The caroling began on Sunday, December 23rd, and continued through January 1st. It was the biggest press pull yet.

Finally, the shelter operator, BCFS Health and Human Services — the second-highest grossing kids’ jail contractor after Southwest Key — gave into the mounting negative PR. It announced the camp would close at the end of January, 2019, paving the way for Trump & Co to rescind the background check requirement for all members of a sponsor’s household. Suddenly, 2,500 young people were released to loved ones, illuminating that the cruel and prolonged detention at Tornillo had always been at the discretion of administration.

No Rest for the Weary

For more information about how to schedule a viewing of Witness at Tornillo, contact Carbon Trace Productions.

For more information about how to schedule a viewing of Witness at Tornillo, contact Carbon Trace Productions.

Joshua’s vigil at Tornillo was over. He returned home to Melissa within the promised three months. It was good to be home with his community of friends. It was great to be sleeping again in his own bed. He deserved a good rest.

But before February was over, the phone rang. It was Amy Cohen, Founder of Every. Last. One., an organization dedicated to reuniting all separated children with their families.

“When can you get to Homestead?” Amy asked,

The Tornillo camp was closed. All fencing, tents, toilets, soccer goals, everything had been carted away. The sand had been swept to remove any traces that the camp ever existed. But immigrant boys and girls were still being held captive, all over the USA.

Trump and Co were playing a game of Whack-a-mole with protesters and humanitarians. And now Homestead, Florida, was it.

Let us be reminded that before there is a final solution, there must be a first solution, a second one, even a third. The move toward a final solution is not a jump. It takes one step, then another, then another.
— Toni Morrison, 1995