INS Detentions: No Crime Needed; '96 Immigration Reform Laws Mean More Deportations, Longer Stays in Prison

By Wirpsa, Leslie | National Catholic Reporter, July 17, 1998 | Go to article overview

INS Detentions: No Crime Needed; '96 Immigration Reform Laws Mean More Deportations, Longer Stays in Prison


Wirpsa, Leslie, National Catholic Reporter


LANCASTER, Calif. -- Livinus Mbanefo spoke softly in mid-June from behind the bolted doors, barbed wire and electronic surveillance systems of the Mira Loma Contract Detention Center in this desert city about 90 miles north Los Angeles.

For all practical purposes, Mbanefo (pronounced Mmm-ba-nay-fo) is in prison, but he has committed no crime. In fact, he was a victim of crimes against humanity, he said. He was seized in 1996 by government thugs in his homeland, Nigeria, for distributing posters that said, "Let's struggle for a democratically elected government" and "Fight against corruption and human rights abuses." His captors, he said, worked for the late dictator Gen. Sani Abacha. They imprisoned him for nine months and tortured him. He managed to escape and flee through Ghana, South Africa and Malaysia to the United States.

Once again, however, Mbanefo is in captivity. As a result of strict immigration laws passed by the U.S. Congress in 1996, Mbanefo is being held at Mira Loma instead of receiving parole -- as would have occurred more easily under the old laws -- while he appeals an asylum claim denied him in February.

Mbanefo is one person in a swelling population housed in detention facilities contracted out or run by the U.S. Immigration and Naturalization Service. As controversial legislation passed by Congress in 1996 has begun to take effect -- primarily the Illegal Immigration Reform and Immigrant Responsibility Act -- INS officials have found themselves "scurrying to find as much bed space as we can to detain all of the aliens we are required by law to detain," in the words of Leonard Kovensky, assistant director for the INS Los Angeles district, in a June telephone interview with NCR.

"I've never stayed in a place like this. I've never lost my freedom. I love to express myself," Mbanefo, an athletic man clad in bright orange prison fatigues, said. "I now have no choice. If I'm to go back to Nigeria it means more torture and death. But here, it's almost the same thing because I am detained."

Mbanefo, while visibly discouraged, said two things give him hope -- his friendship with Fr. Robert McChesney of the Jesuit Refugee Service USA and contact with the Ibo community in Los Angeles, a link that occurred thanks to McChesney's pastoral efforts.

"It was hell before I met him. He is a father, a brother, everything to me," Mbanefo said. "And the Ibo organization, they do a lot. It has changed my life. It's a different hall game when these people are interested in your problems." Ibos are a Nigerian tribal community (see NCR, March 27.)

The 1996 laws, Kovensky said, have considerably increased the number of those who must be detained and deported, especially in the case of noncitizens with criminal records. A limited number of detainees with records of minor crimes may be released under bond while awaiting judges' decisions. The legislation also restricts parole opportunities for asylum seekers like Mbanefo. According to his lawyer, Carolyn Perkins of the Catholic Legal Immigration Network, it would have been easier for Mbanefo to seek parole under the old system.

"Congress says this was not their intention, but the policies are extreme," said James Haggerty, special projects director for the Immigration Network's New York office. "There are asylum cases where there is no parole even after people pass credible fear tests. And once they are in detention, they are treated as criminals."

Perkins said that because of the backlogs, asylum seekers -- even those with "very strong claims" -- may spend six months behind bars waiting for a hearing. Many of these people could be active in their communities if paroled.

A study by the New York-based Vera Institute of Justice, a research and public policy organization, showed that 85 percent of parolees participating in the institute's supervised program showed up for their hearings to complete their legal procedures. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

INS Detentions: No Crime Needed; '96 Immigration Reform Laws Mean More Deportations, Longer Stays in Prison
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.