CREEC, CIVIC File Litigation Hold to Preserve Sexual Assault Records of People in Immigration Detention

For Immediate Release, November 7, 2017 LOS ANGELES, CA – Community Initiatives for Visiting Immigrants in Confinement (CIVIC) and the Civil Rights Education and Enforcement Center (CREEC) are putting the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) on notice over ICE’s plan to destroy the records of immigrants in detention, including deaths in custody, solitary confinement and sexual assault. In late August, ICE petitioned the National Archives and Records Administration (NARA) for permission to start routinely destroying 11 kinds of records on several proposed timelines. CIVIC and CREEC sent ICE a litigation hold letter which, according to Tim Fox, an attorney and the Co-Executive Director of CREEC, “places ICE on notice that litigation may be commenced concerning the topics covered in the letter, and thus ICE has a duty to preserve related documents, and this is true even if NARA approves ICE’s petition.” “These records are vital to anticipated litigation. They are essential to obtaining justice for those individuals who’ve needlessly suffered at the hands of government officials,” says Christina Fialho, an attorney and the Co-Founder/Executive Director of CIVIC. Earlier this year, CIVIC filed a civil rights complaint after uncovering, through a Freedom of Information Act request, widespread sexual abuse, assault and harassment in U.S. immigration detention facilities. CIVIC uncovered that between January 2010 and July 2016, Homeland Security’s Office of the Inspector General received over 33,000 complaints of sexual assault or physical abuse against DHS’s component agencies. But the Inspector General investigated less than 1 percent of these cases. For example, Rosanna Santos was sexually harassed by a male guard at the York County...

CREEC, Disability Rights Organizations File Cake Amicus!

CREEC joined nine other disability rights organizations in filing an amicus brief in the Supreme Court in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission, in support of the gay couple turned away from a Colorado bakery based on the owner’s prejudice.  The Colorado Court of Appeals held in favor of the couple, recognizing that the baker violated their rights under the Colorado Anti-Discrimination Act (“CADA”), and the Colorado Supreme Court declined to review.  The case is currently before the United States Supreme Court on the baker’s argument that it violates his first amendment rights of free exercise and free expression to force him to make a cake that would be used in a gay wedding.  The statute at issue — CADA  — prohibits discrimination in public accommodations based on disability as well as sexual orientation and a number of other protected classes; Title III of the Americans with Disabilities Act also prohibits disability discrimination in public accommodations. CREEC and other organizations filed their amicus brief to caution the Court that recognizing personal scruples exceptions — including free exercise or free expression — to the general requirement that public accommodations serve everyone without discrimination could significantly jeopardize enforcement of Title III and the protections it affords people with disabilities to fully participate in our nation’s economic and commercial life. CREEC strongly urges the Supreme Court to affirm the Colorado Court of Appeals and reaffirm our commitment that American businesses are #OPENTOALL. We would also like to thank the rockstars at Rosen, Bien, Galvan and Grunfeld who wrote the brief, and our fellow amici for the terrific discussions the brief engendered. 16-111, AC...
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