Organizational Culture Events where the event type is “Denial of Access to Counsel”

October 24, 2021

CNN reports about migrants arrested for “trespassing” by Texas state police, then imprisoned for months without being charged or having access to counsel:

The man was held in jail for 52 days before he was charged with the misdemeanor offense of criminal trespass, his attorney says. For 43 of those days — more than six weeks — he had no access to a lawyer, he told CNN. And the man said there were long gaps, sometimes two weeks, when he was not allowed to make any phone call to tell his wife how he was.

…two migrants who talked to CNN last week said they knew several men in their jail pods who had been waiting up to three months to talk to a lawyer.
One said the unrepresented men begged the others to raise their cases.
“‘Ask about us. Tell them we have 90 days, 80 days and we haven’t seen an attorney. We don’t know anything and here we are,’” he says he is told.
CNN raised the concerns with the TIDC [Texas Indigent Defense Commission]. The commission said it then located at least one person arrested in May and held in jail who did not have a lawyer. That person was assigned counsel Thursday night.

Source: Rosa Flores, Texas Gov. Greg Abbott’s Anti-Migrant Plan: Many Arrested, Many Detained, Few Prosecuted (CNN, Monday, October 25, 2021) <https://edition.cnn.com/2021/10/24/us/texas-migrant-trespass-detentions/index.html>.

Sector(s): Del Rio

Agency(ies): Texas State Police

Event Type(s): Conditions in Custody, Denial of Access to Counsel

Accountability Status: Unknown

September 2021

“In September 2021, at least 12 Haitian asylum seekers who expressed fear of return to Haiti were expelled under Title 42 by U.S. officials without access to the U.S. asylum system or any fear screening, according to their lawyer Mirlande Joachim. DHS withheld information about the whereabouts of Joachim’s clients and told her on multiple occasions that she could not speak with them, at one point instructing her to contact the Haitian consulate to speak her clients, some of whom had fled persecution by Haitian government actors. One Haitian asylum seeker told Joachim that she had informed multiple U.S. government officers in the facility where she was being detained that she was seeking asylum and feared return to Haiti but was completely ignored.”

Source: Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) <https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks>.

Sector(s): Border-Wide

Agency(ies): DHS

Event Type(s): Denial of Access to Counsel, Denial of Asylum

Accountability Status: Unknown