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    The United States is witnessing the return of psychiatric imprisonment | Jordyn Jensen

    Across the country, a troubling trend is accelerating: the return of institutionalization – rebranded, repackaged and framed as “modern mental health care”. From Governor Kathy Hochul’s push to expand involuntary commitment in New York to Robert F Kennedy Jr’s proposal for “wellness farms” under his Make America Healthy Again (Maha) initiative, policymakers are reviving the logics of confinement under the guise of care.These proposals may differ in form, but they share a common function: expanding the state’s power to surveil, detain and “treat” marginalized people deemed disruptive or deviant. Far from offering real support, they reflect a deep investment in carceral control – particularly over disabled, unhoused, racialized and LGBTQIA+ communities. Communities that have often seen how the framing of institutionalization as “treatment” obscures both its violent history and its ongoing legacy. In doing so, these policies erase community-based solutions, undermine autonomy, and reinforce the very systems of confinement they claim to move beyond.Take Hochul’s proposal, which seeks to lower the threshold for involuntary psychiatric hospitalization in New York. Under her plan, individuals could be detained not because they pose an imminent danger, but because they are deemed unable to meet their basic needs due to a perceived “mental illness”. This vague and subjective standard opens the door to sweeping state control over unhoused people, disabled peopleand others struggling to survive amid systemic neglect. Hochul also proposes expanding the authority to initiate forced treatment to a broader range of professionals – including psychiatric nurse practitioners – and would require practitioners to factor in a person’s history, in effect pathologizing prior distress as grounds for future detention.This is not a fringe proposal. It builds on a growing wave of reinstitutionalization efforts nationwide. In 2022, New York City’s mayor, Eric Adams, directed police and EMTs to forcibly hospitalize people deemed “mentally ill”, even without signs of imminent danger. In California, Governor Gavin Newsom’s Care courts compel people into court-ordered “treatment”.Now, these efforts are being turbocharged at the federal level. RFK Jr’s Maha initiative proposes labor-based “wellness farms” as a response to homelessness and addiction – an idea that eerily echoes the institutional farms of the 20th century, where disabled people and people of color were confined, surveilled and exploited under the guise of rehabilitation.Just recently, the US Department of Health and Human Services (HHS) announced a sweeping restructuring that will dismantle critical agencies and consolidate power under a new “Administration for a Healthy America” (AHA). Aligned with RFK Jr’s Maha initiative and Donald Trump’s “department of government efficiency” directive, the plan merges the Substance Abuse and Mental Health Services Administration (SAMHSA), the Health Resources and Services Administration (HRSA) and other agencies into a centralized structure ostensibly focused on combating chronic illness. But through this restructuring – and the mass firing of HHS employees – the federal government is gutting the specialized infrastructure that supports mental health, disability services and low-income communities.The restructuring is already under way: 20,000 jobs have been eliminated, regional offices slashed, and the Administration for Community Living (ACL) dissolved its vital programs for older adults and disabled people scattered across other agencies with little clarity or accountability. This is not administrative streamlining; it is a calculated dismantling of protections and supports, cloaked in the rhetoric of efficiency and reform. SAMHSA – a pillar of the country’s behavioral health system, responsible for coordinating addiction services, crisis response and community mental health care – is being gutted, threatening programs such as the 988 crisis line and opioid treatment access. These moves reflect not just austerity, but a broader governmental strategy of manufactured confusion. By dissolving the very institutions tasked with upholding the rights and needs of disabled and low-income people, the federal government is laying the groundwork for a more expansive – and less accountable – system of carceral “care”.This new era of psychiatric control is being marketed as a moral imperative. Supporters insist there is a humanitarian duty to intervene – to “help” people who are suffering. But coercion is not care. Decades of research show that involuntary (forced) psychiatric interventions often lead to trauma, mistrust, and poorer health outcomes. Forced hospitalization has been linked to increased suicide risk and long-term disengagement from mental health care. Most critically, it diverts attention from the actual drivers of distress: poverty, housing instability, criminalization, systemic racism and a broken healthcare system.The claim that we simply need more psychiatric beds is a distraction. What we need is a complete paradigm shift – away from coercion and toward collective care. Proven alternatives already exist: housing-first initiatives, non-police and peer-led crisis response teams, harm reduction programs, and voluntary, community-based mental health services. These models prioritize dignity, autonomy and support over surveillance, control and confinement.As Liat Ben-Moshe argues, prisons did not simply replace asylums; rather, the two systems coexist and evolve, working in tandem to surveil, contain and control marginalized populations. Today, reinstitutionalization is returning under a more therapeutic facade: “wellness farms”, court diversion programs, expanded involuntary commitment. The language has changed, but the logic remains the same.This moment demands resistance. We must reject the idea that locking people up is a form of care. These proposals must be named for what they are: state-sanctioned strategies of containment, rooted in ableism, racism and the fear of nonconformity.Real public health does not rely on force. It does not require confining people or pathologizing poverty. It means meeting people’s needs – through housing, community care, healthcare and support systems that are voluntary, accessible and liberatory.As budget negotiations in New York continue to drag on – with expansions to involuntary commitment still on the table – and as RFK Jr advances carceral care proposals at the federal level, we face a critical choice: will we continue the long history of institutional violence, or will we build something better – something rooted in justice, autonomy and collective wellbeing?The future of mental health care – and of human dignity itself – depends on our answer.

    Jordyn Jensen is the executive director of the Center for Racial and Disability Justice at Northwestern Pritzker School of Law More

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    What is a ‘criminal’ immigrant? The word is an American rhetorical trap | Jonathan Ben-Menachem

    Last month, the Trump administration flew 238 Venezuelan immigrants to a brutal prison in El Salvador. Federal officials alleged that the detainees were members of the Tren de Aragua gang, calling them “heinous monsters” ,“criminal aliens”, “the worst of the worst”. The federal government has also revoked visas for a thousand international students over their alleged participation in protests against Israel’s genocide in Palestine. Some were abducted, like Mahmoud Khalil, who has spent more than a month incarcerated in one of the worst jails in the US. Officials alleged that Mahmoud “sided with terrorists … who have killed innocent men, women, and children”.Media reports quickly revealed that the Trump administration is lying about “innocent” people to justify abducting them. But this raises a more important question: if Trump’s victims weren’t “innocent”, does that make them disposable? I worry that emphasizing the innocence of victims creates a rhetorical trap. It’s like carefully digging a pit that the fascists can shove us into.Instead, we should interrogate the fact that the Trump administration chose to target “gang members” and “terrorist supporters” in the first step of its ethnic cleansing project. Criminals and terrorists are the bogeymen animating bipartisan racism against Black, Latino and Arab people, and Trump is weaponizing these myths because many liberals have already written them off as less than human. The political context that enabled US residents to be shipped to El Salvador’s Cecot facility is a bipartisan project more than 50 years in the making, largely unquestioned by people who are rightfully horrified by recent escalations.Allegations of criminality have long been an effective pretext for anti-Black violence in the US – this is the “war on crime”. So long as there are “criminals” to fight, vicious police brutality becomes politically palatable. This is true in blue and red states alike. The gang member is the latest symbol used to dehumanize Black and Latino people, replacing the “superpredator”. In practice, police and prosecutors invoke the specter of monstrous gangs to continue targeting entire neighborhoods while evading allegations of explicit discrimination.You can be added to a gang database because of your tattoos, the color of the clothing you wear or even for using certain emojis on social media. These lists are riddled with errors, sometimes naming toddlers and elders. More commonly, gang databases index the thousands of people – often children – swept up by police because of where they live or whom they socialize with. The consequences of gang policing are devastating: it can lead to federal prosecution or potential deportation, not to mention a lifetime of state harassment.Gang membership isn’t the only tool the Trump administration can use to portray its victims as guilty. When the “war on crime” morphed into the “war on terror”, Arab and Muslim residents suffered from discriminatory surveillance and repression – the “terrorist” category matches the “gang member” category in that it justifies racist dragnet policing practices. The “counter-terrorism” net has already widened, targeting Stop Cop City activists in Atlanta. This problem is not limited to Republicans – liberal politicians and university stakeholders laid the groundwork for Trump’s deportation efforts. Last year, the Anti-Defamation League’s CEO, Jonathan Greenblatt, called student Palestine activists proxies for Iran, and New York City’s mayor, Eric Adams, smeared us as terrorist supporters to justify an incredibly violent police raid.The widening net of who is considered a criminal not only chills dissent among immigrants and activists. It further dehumanizes and renders disposable people who have genuinely committed harm.We must defend the rights of people who do have criminal records. No one deserves to be whisked away to a brutal prison that deprives them of basic human rights – no matter if it’s in El Salvador, Louisiana, California, Pennsylvania or New York. Criminal records and bona fide gang membership don’t turn human beings into monsters. If Trump goes through with his plan of sending citizens to El Salvador, he could initially target people convicted of heinous crimes. This would allow federal officials to ask: “Why do liberals care about pedophiles and murderers?”We should be prepared to defend the basic rights of all of Trump’s targets with our full strength. If a single person becomes disposable, anyone could become the next target. Last week, Trump said he “loved” the idea of sending American “criminals” to El Salvador, and law professors are sounding the alarm about citizen student activists being subjected to terrorism prosecutions. First it will be the “migrant gang member” or “terrorist on a student visa” sent to Cecot. Next it will be the domestic gang member and the terrorist-supporting citizen. Eventually, perhaps any political opponent could be construed as a criminal-terrorist.Trump may not even need to rely on the justice department to criminalize his enemies – dozens of local cops joined the 6 January 2021 putsch at the US Capitol, and local prosecutors have eagerly charged student activists with felonies. This is another reason to avoid the innocence trap: many police love Trump, and law enforcement can very easily make their adversaries seem like criminals.The innocence trap is dangerous because allegations of criminality have always been deployed to justify state violence. If we only defend the “innocent”, the fascists will argue that their victim “was no angel”. An anti-fascist rhetoric that carves out exceptions for imperfect victims is a gift to our opponents.

    Jonathan Ben-Menachem is a PhD candidate in sociology at Columbia University, where he researches the politics of criminalization More

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    Who are the death row executioners? Disgraced doctors, suspended nurses and drunk drivers

    Being an executioner is not the sort of job that gets posted in a local wanted ad. Kids don’t dream about being an executioner when they grow up, and people don’t go to school for it. So how does one become a death row executioner in the US, and who are the people doing it?This was the question I couldn’t help but ask when I began a book project on lethal injection back in 2018. I’m a death penalty researcher, and I was trying to figure out why states are so breathtakingly bad at a procedure that we use on cats and dogs every day. Part of the riddle was who is performing these executions.Seven years later – and with the Trump administration promising more executions to come – I have an answer, sort of.We do not, and for the most part cannot, know precisely who is under the executioner’s hood. State secrecy statutes put the equivalent of a Harry Potter cloak of invisibility over these state-sanctioned killers. But litigation files and investigative journalism have revealed a number of executioners’ identities, allowing us to peek behind the veil of secrecy for a glimpse of who these people are.Consider Missouri’s chief executioner from 1995-2006, Dr Alan Doerhoff, who was responsible for 54 of Missouri’s 65 executions between 1976 and 2006. He didn’t push the syringes – shockingly, non-medical prison guards did that – but he did most everything else. “Nobody will ever do as many [executions] as I have,” he would later boast.Doerhoff’s identity was revealed when a lawyer for a condemned prisoner checked the prison’s chemical dispensary logs and discovered that 2.5 grams of sodium thiopental (the drug used to anesthetize the prisoner) had been used in previous executions. The state’s protocol called for 5 grams, double that amount. The prisoner sued.State officials first told the court that the chemical dispensary logs were wrong. But the next day, they wrote again to “apologize to the court and the parties for providing incorrect information”. The logs were correct. The amount of sodium thiopental being injected was wrong.Troubled by the finding, the court allowed the prisoner’s lawyers to conduct a limited deposition of the state’s chief executioner. The executioner stated under oath that he had problems mixing the drugs, “so right now we’re still improvising”. He also said that he “sometimes transpose[d] numbers”.View image in fullscreen“I am dyslexic,” he explained. “So, it’s not unusual for me to make mistakes.” (Doerhoff later stated that he was not dyslexic, he just sometimes mixed up numbers.)Missouri doubled down on its executioner, telling the court that it was confident in his competence and planned to continue to use him in future executions. But the court rejected the state’s assurances, writing that it was “gravely concerned that a physician who is solely responsible for correctly mixing the drugs which will be responsible for humanely ending the life of condemned inmates has a condition which causes him confusion with regard to numbers”.The state appealed, but soon thereafter, investigative journalism discovered Doerhoff’s identity. Jeremy Kohler with the St Louis Post-Dispatch broke the story in January 2008, and with it came another shocking revelation: Doerhoff had been sued for medical malpractice more than 20 times, and his hospital privileges had been revoked at two hospitals. Doerhoff had also been publicly reprimanded by the state medical board for hiding his malpractice suits from the hospitals where he practiced.All of this was known to the Missouri attorney general’s office when it assured the court of Doerhoff’s professional competence. After oral arguments, the state dropped its appeal of the ruling.The following year, Missouri’s legislature passed a law stating: “A person may not knowingly disclose the identity of a current or former member of an execution team,” authorizing punitive damages for violations.“Their answer to the public finding out they had an incompetent doctor was making it impossible to find out who the doctor is,” an ACLU spokesperson stated.No longer able to serve as Missouri’s executioner, Doerhoff joined the staff of a local hair-removal business and served as an executioner for the federal government and at least one other state – Arizona.Arizona knew about the trial court’s ruling in Missouri, and the facts behind it. But it hired Doerhoff anyway, and he conducted an execution for the state in 2007, just months after being barred from conducting executions in Missouri.When attorneys found out about Doerhoff’s involvement, the prisoners next in line for execution in Arizona sued.Arizona settled that suit in 2009, agreeing to a number of changes in its lethal injection protocol, including formal background and license checks of its executioners. But during the litigation, attorneys for the prisoners discovered that Doerhoff wasn’t the only executioner who had no business conducting executions.One of Arizona’s three IV team executioners was medical team member #3, who was once a nurse but had his nursing license suspended. At the time of the litigation, his occupation was running an appliance business in another state. The identity of medical team member #3 is unknown, but the court noted that he had been arrested multiple times, “including three times in 10 days in Arizona for a DUI in 2007”.Arizona pledged that with its new screening system in place, the court could be confident that the state would use only licensed medical personnel going forward.But in 2011, Arizona was hauled back into federal court because it had not made good on its promise. The prison director admitted to conducting five executions with full knowledge that medical team member #4 did not hold a medical license of any kind. Nor did officials conduct the required criminal history check on him. If they had, they would have learned that medical team member #4 had been charged with DUI in 2008, public intoxication in 2000, and writing a bad check before that.Medical team member #4 was a prison guard who had previously served as a medical corpsman in the military. He later stated that his only screening was a phone call from the warden “asking whether he knew how to start an IV and whether he would have a problem doing it for an execution”. He was not asked any other questions, and at the time, he had not placed an IV for 15 years. On paper, Arizona was dutifully screening its execution team members. But in reality, the state was doing nothing of the sort.View image in fullscreenMissouri and Arizona are not the only states where discoveries about executioners have raised serious questions about the care and competence with which executioners are chosen. In 2006, a federal court struck down California’s lethal injection protocol based in part on the “inconsistent and unreliable screening of execution team members”.The execution team member responsible for the custody of lethal injection drugs had been disciplined for smuggling drugs into San Quentin before joining the execution team; two team members had been arrested for drunk driving; one suffered from depression and PTSD; and one had been out on a two-month medical leave from getting into a fight with a prisoner.The court in California also noted the “extremely troubling” disappearance of sodium thiopental that was ostensibly taken from the prison pharmacy for training purposes but never used and never returned. “These circumstances may warrant investigation by an appropriate law-enforcement agency,” the court wrote. In California, the state’s executioners were also the chief suspects in a potential criminal investigation.The federal government has proven no better than states on this score. Not only did the federal government hire Doerhoff after he was banned from serving as Missouri’s executioner, but it also hired a nurse for the Timothy McVeigh execution who had been charged with felony aggravated stalking and first-degree tampering with property, ultimately pleading no contest to the misdemeanor version of both charges. The nurse had allegedly smashed the windshield and headlights of a man who was seeing his estranged wife, ran over his mailbox, smashed windows of his home, and left voice messages threatening to burn his house down and blow his “[expletive] head off”!Federal officials knew of the convictions when it hired him – the nurse was on active probation and had to get permission from his probation officer to leave the state.“It seems bizarre to me that we would knowingly allow an offender, on active supervision, to participate in the execution process at any level,” a probation supervisor had written while the department was considering the request. But the permission was granted.In an internal memo, the administrator who confirmed the request for travel wrote: “It would be extremely problematic for [the nurse] and this department if the media got wind of this.”And how did this nurse-executioner get on the federal government’s radar? He was recommended by the Missouri department of corrections. A nurse with his own serious criminal convictions was secretly conducting executions on behalf of the show-me state.Lethal injection litigation has likewise revealed patently unfit executioners in other states as well. In Maryland, litigation revealed that one member of the state’s execution team had been fired by a local police department and charged with poisoning several neighborhood dogs, while another execution team member had been suspended for spitting in prisoners’ food.In Tennessee, litigation revealed that a member of the execution team had pleaded guilty, twice, to possession of a controlled substance, and missed an execution because he was at an in-patient treatment program. That was in 2007. In 2021, Tennessee’s physician-executioner stated that he surrendered his surgery accreditation because of “too many malpractice suits” – at least 10 by his estimation.These are just the executioners we know. But they are a chilling indication of the executioners we don’t know. As the former head of Oklahoma’s corrections department told a legislative committee in 2023, the prison staff charged with carrying out executions are “some of the lowest-paid state employees in government”.In executions, as elsewhere, you get what you pay for. Even when a doctor is nominally involved in the execution process, the people injecting the drugs are typically low-level prison employees.Most executioners say they just fell into the job. The opportunity came to them, and they had their reasons for saying yes. For prison guards, it may be a necessary step to moving up the prison ranks. Doctors likewise tend to say they simply slipped into the role. They had agreed to be an observer, but then the medical team needed help. Who were they to watch executioners prick a prisoner a dozen times in a desperate attempt to pierce the vein when they could do it more quickly?One reason doctors aren’t giving, but merits mention anyway, is money. A doctor willing to participate in an execution is a precious commodity, and states will pay dearly for it – up to $20,000 in cash per execution in some places. No doctor yet has said they’re participating in executions for the money. But the fact that they can make a killing from state killing has to be worth something.

    Corinna Lain is the author of Secrets of the Killing State: The Untold Story of Lethal Injection, out on 22 April More

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    The Trump administration trapped a wrongly deported man in a catch-22

    It is difficult to find a term more fitting for the fate of the Maryland father Kilmar Abrego García than Kafkaesque.Abrego García is one of hundreds of foreign-born men deported under the Trump administration to the Cecot mega-prison in El Salvador as part of a macabre partnership with the self-declared “world’s coolest dictator”, Nayib Bukele.The US government has admitted it deported Abrego García by mistake. But instead of “facilitating” his return as ordered by the supreme court, the administration has trapped Abrego García in a catch-22 by offshoring his fate to a jurisdiction beyond the reach of legality – or, it would seem, basic logic or common decency.The paradox is this: the Trump administration says it cannot facilitate the return of Abrego García because he is in a prison in El Salvador. El Salvador says it cannot return him because that would be tantamount to “smuggling” him into the US.The absurdity of the position played out on Monday during an Oval Office meeting between Donald Trump and Bukele where the two men appeared to enjoy mocking the powerlessness of the US courts to intervene in the fate of anyone caught in the maws of the Trump administration’s deportation machine.“How can I smuggle a terrorist into the United States? I’m not going to do it,” Bukele said when asked about whether he would help to return Abrego García.There is no evidence that Abrego García is a terrorist or a member of the gang MS-13 as the Trump administration has claimed. But that is not really important here.“I don’t have the power to return him to the United States,” Bukele said during a meeting with the US president on Monday. “They’d love to have a criminal released into our country,” Trump added.Trump’s lieutenants also jumped in on Monday, arguing that they could not intervene in the case because Bukele is a foreign citizen and outside of their control.skip past newsletter promotionafter newsletter promotion“He is a citizen of El Salvador,” said Stephen Miller, a top Trump aide who regularly advises the president on immigration issues. “It’s very arrogant even for American media to suggest that we would even tell El Salvador how to handle their own citizens.”A district court injunction to halt the deportation was in effect, he added, an order to “kidnap a citizen of El Salvador and fly him back here”.Marco Rubio, the secretary of state, repeated one of the Trump administration’s mantras: that US courts cannot determine Trump’s foreign policy. Increasingly, the administration is including questions of immigration in that foreign policy in order to defy the courts.Monday’s presentation was in effect a pantomime. Both sides could quickly intervene if they wanted to. But this was a means to an end. Miller said this case would not end with Abrego García living in the US.More broadly, it indicates the Trump administration’s modus operandi: to move quickly before the courts can react to its transgressions and, when they do, to deflect and defy until the damage done cannot be reversed. More

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    ‘I escaped one gulag only to end up in another’: Russian asylum seekers face Ice detention in the US

    For most of the four years of Joe Biden was in office, citizens of Russia and other post-Soviet states seeking asylum in the US were generally released into the country while they awaited hearings on their claim in immigration court.But since last summer, many have been detained upon entering the US, and some of them have been held for more than a year, lawyers, activists and detainees say. Some children have been separated from their parents.“My Russian clients tell me, ‘Now our prison is 80% Russian, the remaining 20% are from rotating nationalities who stay for a while,’” said immigration attorney Julia Nikolaev, who has been advocating for detainees’ rights alongside representatives of the Russian opposition. “Only Russians and a few other post-Soviet nationals remain in detention until their final hearings.”Alexei Demin, a 62-year-old former naval officer from Moscow, was detained in July of last year.In the last 20 years, Demin rarely missed an anti-Vladimir Putin protest in the Russian capital. He had become concerned almost immediately after Putin, a former KGB agent, rose to power, he said. For years, he criticized Putin’s regime on Facebook, and he was detained twice at protests. Still, he never imagined that he would end up fleeing his homeland for fear that Putin’s regime would imprison him. Or that he would end up imprisoned in the US.When Russia launched its invasion of Ukraine in 2022, a colleague asked Demin why he wasn’t enlisting to fight. He replied: “If I go, it will be on Ukraine’s side.” Soon, as the crackdown on dissent in Russia intensified amid the war, Demin and his wife, like many others who had long openly opposed Putin, fled to the US to seek political asylum. For years, Russians have been among the top five nationalities granted asylum.The couple arrived in the US in the summer of 2024, after securing an appointment through CBP One, the app launched by the Biden administration (and since then shut down by Donald Trump) allowing asylum applicants to schedule to meet with immigration officials. At their appointment, Demin and his wife were detained, separated and sent to detention centers in different states. They haven’t seen each other since.His predicament, Demin said, was “a trap and a blatant injustice”.“This is how the US treats people who protest against Russia’s policies,” he said in a call from a detention center in Virginia in January.US Immigration and Customs Enforcement (Ice) does not release public data on the number of people from post-Soviet countries it holds in detention. But Nikolaev said that law enforcement officials have privately acknowledged to her that asylum seekers from those countries are being held longer.Other activists say they have seen similar patterns. The non-profit Russian America for Democracy in Russia (RADR) has played an active role in assisting detainees in immigration detention centers, finding lawyers and working with the government officials.Dmitry Valuev, president of RADR, said it was an issue that affected not only Russians, but also citizens of several other post-Soviet countries.There have been reports that some immigrants arriving from post-Soviet states are facing increased scrutiny over fears they are connected to Islamist terrorist organizations. It’s unclear what prompted US authorities to keep the Russian asylum seekers in detention. One theory is that immigration officials are targeting Russians and other post-Soviet nationals as spies.Eric Rubin, former US ambassador to Bulgaria who also served as a deputy chief of mission at the US embassy in Moscow, said that the complicated history of US-Russia diplomacy can hurt Russian asylum applicants.“When you meet Russians in the United States, obviously you need to wonder whether some of them are actually working for Russian intelligence. Some of them are, most of them are not,” said Rubin.Nikolaev isn’t so sure. “Russian spies can enter the country with European passports, visas and all the right documents,” she said.Nikolaev in January took her concerns to US government officials, alongside Ilya Yashin, a leading Russian opposition figure. They met with officials at the national security council, who requested a list of separated families, Nikolaev said.The Department of Homeland Security, Ice and the national security council did not respond to repeated questions about detention policies or the specific cases outlined in this article.In a statement, the White House said that the duration of cases varies based on legal proceedings and any protections sought. The White House also said there had been “zero instances of children from any of the countries you mentioned being separated from their families by US immigration authorities in this entire fiscal year”.View image in fullscreenBut Galina Kaplunova, 26, an illustrator and anti-Putin activist, was detained and separated from her child and mother at the US border last August.In the summer of 2024, Kaplunova’s husband, a Kremlin supporter, had threatened to take her child away and report her to the police for her political activism, Kaplunova said. A native of St Petersburg, she had been detained multiple times at protests and had volunteered in opposition leaders’ campaign offices. Two days after her husband made the threat, Kaplunova, her four-year-old son and her mother fled to the US.At the US border with Mexico, Ice agents separated Kaplunova from her son, she said. He was placed in foster care, while she and her mother were sent to different detention centers in separate states.After being separated, her son was placed with a Mexican American family, she said. He didn’t speak English, so communicated with them through Google Translate.“I fled Russia so they wouldn’t take my child or jail me. But the US did,” she said.About two months after being detained and separated, Kaplunova was released and reunited with her son, she said. It was a miracle, she said.Now Kaplunova and her son now live in California. Her mother is still detained. Her son is afraid of being abandoned. Whenever she tries to discuss his time in foster care, he simply says he doesn’t remember it.“It’s as if he erased that part of his life so he wouldn’t have to remember it,” she said.He learned some English in foster care, but refuses to speak it with his mother.“Maybe he associates English with something bad, something negative,” she said.Valuev, the president of RADR, said that long periods of detention can hurt applicants’ asylum cases. Hiring a lawyer from within a detention center is nearly impossible due to the lack of internet access, he said. “Detainees are given a list of contacts, but most of these numbers don’t answer the phone,” he said.Additionally, many detainees have no access to materials for their asylum cases because their documents were stored on computers and phones that were confiscated.Vladislav Krasnov, a protest organizer and activist from Moscow, said he spent 444 days in a Louisiana detention center. Krasnov fled Russia in 2022 after Putin announced a draft. He crossed the border with the CBP One appointment and was swiftly detained. Now free, he is still waiting for a court hearing to review his asylum case.Reflecting on his experience, he said he was shocked by the welcome he got in the United States. “I escaped one gulag only to end up in another,” Krasnov said.He was also angry at Russian opposition leaders for not paying attention to his plight until recently.“Last summer, I watched Yulia Navalnaya hugging Biden in the Oval Office. Then she talked on the phone with [Kamala] Harris, and Harris declared that America supports people fighting for Russia’s freedom. To put it mildly, I had a complete breakdown at that moment, sitting in detention,” Krasnov said.About 300 detainees from Russia and other post-Soviet countries filed a lawsuit last November, calling their detention discriminatory, and demanding freedom for people they argue were held without a justification. A federal judge ruled in February that the court lacked the jurisdiction to review the detention policy and dismissed the case.View image in fullscreenAmong those mentioned in the lawsuit was Polina Guseva, a political activist and volunteer on the team of the late Russian dissident Alexei Navalny. Guseva arrived in the US in July 2024, applied for asylum and was sent to a detention center. She said Ice officers at the Louisiana detention facility where she’s being held “openly say that Russians are not being released”.Still, she does not regret coming to the US, she said, adding safety concerns in Russia left her with no other choice.“Two thoughts help me a lot. First, better to be here than to be raped with a dumbbell in a Russian prison,” Guseva said. “And second, my friend Daniil Kholodny is still in prison in Russia. He was the technical director of the Navalny Live YouTube channel. He was tried alongside Alexei Navalny in his last trial and sentenced to eight years. He has been imprisoned for more than two years now. If he can hold on, why shouldn’t I?”Alexei Demin, the former naval officer and longtime protester, was supposed to have his first asylum court hearing reviewing his asylum case in early February, but the hearing was rescheduled to mid-April because of the judge’s sickness. By that time, he will have been in detention for more than 300 days. More

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    Trump fires two DoJ senior career officials including pardon attorney

    Donald Trump’s administration on Friday fired at least two senior career officials at the US justice department, including the head of the office that handles presidential pardon requests, according to a social media post and sources familiar with the matter.Liz Oyer served as pardon attorney since 2022, a career justice department position. Oyer was fired “effective immediately,” according to a memo she shared on LinkedIn, which cited Trump’s executive authority under the US constitution.Oyer, who was appointed by Biden in 2022, posted on LinkedIn: “I’m sad to share that I was fired today from the job I have poured my heart and soul into for the last three years. I am so proud of the team we built in the Office of the Pardon Attorney, who will carry on our important work. I’m very grateful for the many extraordinary people I’ve had the opportunity to connect with on this journey. Thank you for your partnership, your support, and your belief in second chances.”Oyer’s former office reviews requests for clemency from people convicted of federal offenses and makes recommendations to the White House on whom the president should pardon.Oyer’s termination comes two weeks after Trump appointed Alice Marie Johnson as “pardon czar”, a role in which she will recommend people for presidential commutations.Bobak Talebian, the head of the justice department’s Office of Information Policy, which handles public records requests under the US Freedom of Information Act, was also fired, according to a source familiar with the matter.The moves mark the latest instance of the Trump administration removing or sidelining career justice department officials, who typically keep their positions across presidential administrations.A justice department spokesperson did not immediately respond to a request for comment on the moves.Trump-appointed officials previously reassigned several veteran national security and criminal prosecutors to a newly created immigration office. The top career ethics official left the justice department after facing a similar reassignment.About eight senior career FBI officials also were forced out before the confirmation of Trump-nominated FBI director Kash Patel by the Senate.Justice department leaders have generally not given reasons for the dismissals, but have broadly emphasized that career officials must be trusted to enforce Trump’s agenda.skip past newsletter promotionafter newsletter promotionA union said on Friday the US Department of Labor reinstated about 120 employees who had been facing termination as part of the Trump administration’s mass firings of recently hired workers.The American Federation of Government Employees, the largest federal employee union, told Reuters that the probationary employees had been reinstated immediately and that the department was issuing letters telling them to report back to duty on Monday.Coral Murphy Marcos contributed to this report More

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    Trans women transferred to men’s prisons despite rulings against Trump’s order

    Transgender women incarcerated in the US prison system have been transferred to men’s facilities under Donald Trump’s executive order, despite multiple court rulings blocking the president’s policy, according to civil rights lawyers and accounts from behind bars.Trump’s day-one “gender ideology” order, one of several sweeping attacks on trans rights, said the attorney general “shall ensure that males are not detained in women’s prisons or housed in women’s detention centers” and that no federal funds go to gender-affirming treatment or procedures for people in custody.The executive order was quickly challenged in court. In three lawsuits filed on behalf of trans women housed in women’s prisons, federal judges have ruled that the US Bureau of Prisons (BOP) cannot withhold their medical treatment and was barred from moving them to men’s facilities. One judge said the plaintiffs had “straightforwardly demonstrated that irreparable harm will follow”.Lawyers fighting Trump’s directive say the court rulings prevented the transfers of 17 trans women who are plaintiffs in the cases, but others not included in the litigation are now facing placements in men’s facilities.“I’m just continuing to be punished for existing,” said Whitney, a 31-year-old trans woman who was transferred from a women’s facility to a men’s prison this week. The BOP changed her records from “female” to “male”, records show. In messages before her transfer, she said she felt like a “pawn in others’ political games”. The Guardian is not using her full name due to concerns about retaliation.Kara Janssen, an attorney representing trans women in litigation, said she learned of another trans woman not included in the lawsuits who was recently transferred to a facility that houses men, and also had the gender marker in her records changed. Janssen also learned of a trans woman newly entering the BOP system who had gender-affirming surgeries before her incarceration, but was placed in a men’s facility.Prisons are required under the Prison Rape Elimination Act (Prea), a longstanding federal law, to screen incarcerated people for sexual assault risk and consider LGBTQ+ status when making housing decisions. Legal experts say Trump’s blanket policy of housing trans women in men’s facilities clearly violates Prea.“This is incredibly unnecessary and cruel,” said Janssen. “Our clients are desperate and scared.”The BOP did not respond to requests for comment.Trans people have long faced high levels of sexual violence and discrimination behind bars, and the implementation of Trump’s order has unleashed chaos, panic and significant violations of their rights beyond the threats of housing transfers, attorneys said.Internal BOP memos seen by the Guardian show that officials are now requiring staff to refer to trans residents by their legal names and incorrect pronouns, as well as deny requests for gender-appropriate clothing accommodations. The BOP has also rescinded policies that allowed trans women to have their pat-down searches conducted by female guards.Susan Beaty, a senior attorney for the California Collaborative for Immigrant Justice, who represents roughly 20 trans people in federal prisons, said they have received reports that some trans people were forced under threat of discipline to hand over their underwear, including bras and boxers, as if they were contraband. They said they’ve also heard accounts of male guards searching trans women in encounters several of the women described as “groping”. Some staff have been emboldened to harass and taunt trans people, Beaty said.“It is already so difficult to be a trans person in prison in this country, and now this administration’s measures are intentionally terrorizing and traumatizing incarcerated trans people even further,” Beaty said.“It is essentially sanctioning sexual assault in some instances,” added Janssen, of the male pat-downs of trans women. Some trans people had told her they were suffering suicidal thoughts and daily nightmares.Whitney, who was recently transferred, said in interviews prior to her move that staff for weeks gave her conflicting information. In mid-February, she and another trans woman were placed into a form of isolation called a “special housing unit” and told they could be there for months, she said. The other woman attempted suicide out of fear of being transferred, she said.Days later, the women were moved back to the general population. Whitney’s doctor, however, then told her that her hormone therapy medications would start to be tapered down. Whitney said going off those medications would wreak havoc on her body and mind, describing it “like a slow death”. The doctor also said staff would start using male pronouns for her, though she said that had not happened yet. She said she was also told she would be allowed to keep women’s underwear she already owns, but would not be issued new garments.Last week, medical staff told Whitney her medications would not be changed after all, she said, but then days later, she was told to pack because she was being transferred to a men’s facility.skip past newsletter promotionafter newsletter promotion“I’m nervous. Worried. Apprehensive. Anxious. Scared. You name it,” Whitney said before her transfer. “One moment I am feeling relief, and the next I am growing gray hairs. That’s probably one of the most stressful things about all this. Are you safe or are you not?”The litigation is ongoing and is most immediately focused on maintaining trans people’s housing and medical care, attorneys said. But Janssen said lawyers would also be fighting for trans women who have long been housed in male facilities and were in the pipeline to be transferred, and advocating against the rollback of basic accommodations across the system. “It’s cruel and unusual punishment because you’re punishing this group for no reason other than you don’t think they should exist.”One judge criticized the US government for failing to address plaintiffs’ concerns that their gender dysphoria would be exacerbated in men’s prisons “whether because they will be subject to searches by male correctional officers, made to shower in the company of men, referred to as men, forced to dress as men, or simply because the mere homogenous presence of men will cause uncomfortable dissonance”.Alix McLearen, who was the acting director of the National Institute of Corrections (NIC) in 2022 before she retired in 2024, said Trump’s order endangers trans people and staff. The NIC is part of the BOP and does training and policy development for corrections officials. McLearen led the drafting and implementation of the “transgender offender manual” when she oversaw women and special populations at BOP. That manual has recently been rescinded.“If you yank this away, no one knows what to do,” McLearen said. “If you are going to change a policy, you [should] do it slowly and thoughtfully.”Confusion in a prison setting increases stress levels and the potential for conflict among staff and incarcerated people, McLearen said.Trump’s order also increases the already high risk of sexual and physical assault of trans people in prison, said Julie Abbate, the national advocacy director of Just Detention International, a human rights group focused on sexual abuse in prisons and jails.Putting a target on trans people in prison only increases their risk of assault, which in turn also puts staff in the dangerous position of intervening in violent situations, said Abbate, who spent 15 years at the civil rights division of the US justice department and helped draft national Prea standards.Trump’s policy has no benefit, McLearen said. The order purports to “defend women” in prisons, but McLearen said it addresses a problem that does not exist.“This is fake – this whole executive order is false on its face,” McLearen said. “It’s scapegoating. Trans people are easy to scapegoat.” More

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    How Texas’s bankruptcy courts are used to shield a prison healthcare provider

    When late last year the largest provider of healthcare to inmates in jails and prisons in the US found itself facing an avalanche of medical malpractice lawsuits, its path forward was seemingly obvious.By filing for Chapter 11 bankruptcy in Texas’s increasingly popular bankruptcy courts, Wellpath Holdings could restructure itself, in the process staying the 1,500 lawsuits it had been facing and limiting its exposure to more than $100m in potential liabilities.Last month, a bankruptcy judge for the southern district of Texas in Houston extended those stays to give Wellpath additional time to propose how it might exit bankruptcy and continue operating.But critics say that the move is a cynical attempt to avoid paying out to the families of people devastated by the company’s actions in a state increasingly seen as a safe haven for big corporations looking to avoid paying out to people and families their actions have harmed.Among the cases stayed for Wellpath was one brought by Teesha Graham of Albuquerque. Her father Frankie died in 2022 after spending almost a week slumped in his San Juan county jail cell, covered in vomit and excrement as medical staff and prison guards refused his requests for help, an inmate in the jail told the Guardian.Also stayed was a claim brought by Nicole Poppell of Colorado Springs. Her daughter Savannah died aged 24 just three days after she was booked into El Paso county jail in Colorado. Incessant vomiting caused by opiate withdrawal tore her esophagus and she bled to death in her cell.“Now they’re filing bankruptcy the chances are I could get next to nothing but really I don’t even give a shit about the money,” said Nicole. “I just want to be heard.”Poppell and Graham are just two grieving family members wanting the bankruptcy court to consider their claims against Wellpath but as “unsecured creditors”, they are at the bottom of the hierarchy when it comes to who gets paid from the limited funds that remain.Last week they enjoyed a small victory as Wellpath dropped its request that the court approve some $5m in bonuses for 12 of its executives. “I’ll never understand it,” said Graham.Attorneys representing claimants against Wellpath say its bankruptcy was a long time coming, and part of a cynical strategy that would see it minimize costs with reduced staff and improper insurance coverage. Malpractice lawsuits would inevitably accumulate but using the Texas courts it could largely shed itself of those liabilities and exit from it all relatively unscathed.“These companies keep their costs as low as possible and then rely on the bankruptcy courts in Houston to bail them out once they hit a critical mass of lawsuits,” said Adam Flores, a New Mexico attorney representing Graham.Wellpath is a for-profit business headquartered in Nashville, Tennessee, and owned by the private equity firm HIG Capital. It operates in jails and prisons across almost 40 states and is responsible for the care of hundreds of thousands of inmates.Although bankruptcy is governed by federal code, jurisdictions will enforce it with varying lenience, and typically if a company has enough assets in a given state they can make use of its courts.In recent years, the southern district of Texas has become a go-to bankruptcy venue, displacing the southern district of New York as the second most popular in the country behind Delaware.“The southern district of Texas really blew up four or five years ago,” said RJ Shannon, a bankruptcy attorney in Houston who is representing almost 100 claimants in the Wellpath case. “It’s a debtor-friendly court, so it’s where all the big cases will be filed.”Last year, the southern district of Texas saw 31 filings for bankruptcy by companies with assets greater than $100m, whereas the southern district of New York saw just 11, according to figures from Bankruptcy Data.Wellpath’s filing in November made it the second prison contractor to have used the court’s Houston division in just two years after the prison healthcare firm Corizon filed for Chapter 11 in early 2023. The maneuver it attempted has been referred to as “the Texas Two-Step” and sees a company split itself into two, placing valuable assets in one and its liabilities in the other.Although Wellpath is pursuing a simpler and more traditional Chapter 11 restructuring, its critics say the move is intended to have precisely the same effect.“I think the reason Wellpath filed here [in Texas] is that they saw Corizon do it and they saw good things came of it,” said Shannon. He said that not only was the Houston court friendly to debtors, it was also “user-friendly”, meaning proceedings can take place fast.Anna Holland Edwards, a civil rights attorney in Denver who has brought a handful of cases against Wellpath over her career, said she saw its bankruptcy coming from a mile away. In early November her office asked a state court to issue sanctions on the company ahead of its expected bankruptcy.Holland Edwards and other critics of Wellpath paint its use of Chapter 11 as a “business model” – both inevitable and symptomatic of the increasing extent to which America’s corporate assets have come under the ownership of private equity funds.They argue that Wellpath, under private equity ownership, borrowed money to buy up regional facilities across the country and then underbid rivals and county services in order to win taxpayer-funded government contracts. Underbidding meant cost-cutting.“If they don’t have enough money, maybe instead of having 10 nurses working in jail they’d only get five,” said Shannon.According to Graham, it was a lack of staff in San Juan county jail that led to her father’s death: “They feel like they can send two people in there to care for over 500 humans?”Another cost-cutting measure that may have brought Wellpath to its knees was its purchase of liability insurance policies that appeared to meet state and local government requirements but failed to establish any “true risk transfer”. As revealed in the ongoing bankruptcy proceedings, these policies only pay out if Wellpath covers a share of the damages, otherwise, no insurance kicks in.And so tight were Wellpath’s purse strings that at the time of its bankruptcy it had left about 15 EMS providers in Michigan with more than $6m worth of unpaid bills, according to the Michigan Association of Ambulance Services.Where the chips will now land remains uncertain, according to Shannon. As it stands, the ball is in Wellpath’s court, as it prepares to issue a revised plan for how it will restructure and emerge out of Chapter 11 operational.A recent ruling by the bankruptcy judge Alfredo R Perez of the southern district of Texas extended the stay on the pending lawsuits until at least 30 April.In the meantime, unsecured creditors will fight to have as much money as possible set aside for their settlements. In many cases, especially those involving personal injury, once the stays are lifted plaintiffs’ right to seek damages will be restored, but the pool of funds from which to collect will be limited.For Wellpath, the plan after Chapter 11 is to continue business as usual, and with Trump in office, there has never been a better climate for it to emerge from bankruptcy, according to Andy McNulty, another civil rights attorney based in Colorado.“We saw when Donald Trump was elected that private prison company stocks soared to all-time highs so there’s no reason to believe that if Wellpath is allowed to continue operating it will not continue to profit off the suffering of inmates across the country,” he said.A spokesperson for Wellpath said in a statement to the Guardian that it had filed for Chapter 11 in order to “strengthen our financial foundation without compromising our ability to deliver high-quality patient care”.“We remain committed to providing vital healthcare services to underserved populations and are confident this process will allow us to continue to do so for years to come,” they added.The company declined to say why it chose to file in the southern district of Texas or to answer questions about its liability insurance.Savannah’s mother Nicole said she wanted to see Wellpath dissolved for good. “For three days she was in there and she was begging for help, she was crying for help, and she was alone,” she said. “I want these people shut down.” More