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Smith Statement on Extended Border Deployment

December 7, 2018

“I continue to strongly question the deployment of U.S. military servicemembers at our southern border. Furthermore, the decision to extend this deployment to the end of January 2019 is not a responsible use of Department of Defense resources and is the completely wrong approach to the situation. To date, there has not been adequate justification for the use of our military personnel in this way, which is why I have questioned this decision from the beginning.

“The President’s dangerous rhetoric referring to people seeking asylum as an ‘invasion’ deeply misrepresents the situation and needlessly ramps up tension. There is no question that we face a challenge with a rise in the number of people seeking asylum. However, the response should not be deploying troops to our border, but instead increasing resources to process asylum applications, including additional judges and asylum officers.

“Additionally, the continued practice of detaining asylum seekers is inhumane and the cost is overwhelming. It’s abhorrent that there are over 40,000 people in custody in detention centers across the U.S. when we know alternatives to detention are proven to be effective at ensuring compliance with immigration proceedings, and drastically less costly than detention.

“Directing military servicemembers to ‘harden the border’ and provide vague support to Customs and Border Protection misses the point entirely. These people are fleeing violence and persecution to seek asylum. They are turning themselves in, not circumventing our laws. This continued expansion of the use of Department of Defense resources and personnel to fulfill the misguided immigration agenda of this administration, which is not part of the mission of the Department of Defense, must come to an end.”

Smith Statement on Trump INF Treaty Decision

December 4, 2018

Washington, D.C. – House Armed Services Committee Ranking Member Adam Smith (D-WA) released the following statement about the Trump administration’s decision to declare Russia in material breach of the Intermediate Nuclear Forces (INF) Treaty without meaningfully consulting U.S. allies and partners, and its declaration of intent to begin withdrawing from the accord in 60 days:

“The Trump administration is unilaterally taking action on the INF Treaty without meaningful consultation and coordination with our NATO allies. Setting us on a precipitous course toward withdrawal from this treaty undermines the NATO alliance and transatlantic security, while playing directly into President Putin’s plans to divide us. It is no secret that some of President Trump’s advisers are more focused on promoting U.S. withdrawal from its international commitments than prioritizing the collective security of America and its partners and allies. The Trump administration should instead work with our allies to take meaningful actions to hold Russia accountable for its violation of the treaty, press Russia back into compliance, and avoid a new arms race.”

Smith, Cantwell, Murray and Jayapal Request Inspector General Investigations into Conditions at the NWDC

November 29, 2018

Washington, DC – Following the death of Mergansana Amar, a Russian asylum seeker detained in the custody of the U.S. Immigration and Customs Enforcement at the Northwest Detention Center (NWDC) in Tacoma, Washington, Congressman Adam Smith (WA-09), Senators Maria Cantwell (D-WA), Patty Murray (D-WA) and Congresswoman Pramila Jayapal (WA-07) sent a letter to the Department of Homeland Security Office of Inspector General requesting a comprehensive inspection and review of the conditions at the NWDC and an investigation into the death of Mr. Amar.      

The Members write in part, “There is a clear pattern that indicates a severe lack of oversight and repeated failures to make sufficient improvements by ICE and private contractors operating detention facilities… It’s vital that we understand what happened and what improvements must be made to address safety and health risks that could otherwise lead to similar tragic incidents in the future.”

The full text of the letter can be found below and here.

 

The Honorable John V. Kelly

Acting Inspector General

Office of the Inspector General

U.S. Department of Homeland Security

245 Murray Lane SW

Washington, D.C. 20528

 

Dear Acting Inspector General Kelly: 

We write to urge the Office of Inspector General (OIG) to conduct a thorough investigation of the death of Mergansana Amar, a Russian asylum seeker detained in the custody of the U.S. Immigration and Customs Enforcement (ICE) at the Northwest Detention Center (NWDC) in Tacoma, Washington. In addition, we urge you to conduct a comprehensive inspection and review of the conditions at the NWDC, including potential retaliation against detainee whistleblowers.

The Northwest Detention Center is operated by the GEO Group, which is the same private contractor that operates the Adelanto ICE Processing Center in California. As you are aware, Adelanto was the subject of a recent report from your office which condemned conditions at the facility. The Management Alert, issued by the OIG on September 27, 2018, recounts conditions that pose “significant health and safety risks at the facility.” The report identified several risks that showed improper and overly restrictive segregation and inadequate medical care at the GEO-run facility. Among many alarming observations, the OIG found that medical providers at Adelanto prematurely and inappropriately placed detainees in disciplinary segregation, improperly handcuffed and shackled detainees, failed to provide necessary auxiliary aids or translated materials regarding their segregations, and that in 10 of 14 instances the required direct communication with detainees and medical or mental health staff was not conducted.

We are alarmed by the similarities between findings by the OIG at Adelanto and reports our offices have received regarding conditions at the NWDC. Individuals detained at the NWDC have engaged in a series of hunger strikes over the past four years to highlight ongoing concerns, including alleged abuse of solitary confinement and failure to provide prompt and adequate medical treatment. Our staff have visited the facility multiple times and heard from NWDC staff and detainees about shortages in health care and mental health care providers. Furthermore, we have received reports GEO Group and ICE retaliated against people who spoke out about their treatment at the NWDC. These issues are especially relevant in the context of Mr. Amar’s death, who had been engaged in a hunger strike and found to be at risk of suicide by ICE.

As you are aware, findings of negligent care and unsafe conditions at detention centers across the country have not been isolated incidents. Since the OIG began conducting unannounced inspections in 2017, it released three reports on surprise inspections at ICE facilities revealing conditions that undermine the health and safety of detainees. Moreover, just this week, an autopsy report found Roxsana Hernandez Rodriguez, a 33-year-old transgender asylum seeker from Honduras detained at a private detention center in New Mexico, was physically abused in detention and died after several days of severe, untreated dehydration. These reports are unacceptable.

There is a clear pattern that suggests a severe lack of oversight and repeated failures to make sufficient improvements by ICE and private contractors operating detention facilities. We understand there are existing internal processes within ICE to inspect detention facilities and investigate deaths. However, reports published on December 11, 2017 and June 26, 2018 by your office indicated that these processes often do not lead to any improvements in practices and conditions, and ICE has not effectively held private facilities accountable for adhering to ICE’s detention standards. Clearly, these processes are not working and are failing to protect the wellbeing of detainees.

A full investigation by the Office of Inspector General into Mr. Amar’s death and a comprehensive inspection and review of the conditions at the Northwest Detention Center is imperative. It’s vital that we understand what happened and what improvements must be made to address safety and health risks that could otherwise lead to similar tragic incidents in the future.

 

Sincerely,

 

Smith, Murray, Cantwell and Jayapal Call for Answers and Transparency in Death of Asylum Seeker at Northwest Detention Center

November 29, 2018

Smith, Murray, Cantwell and Jayapal Call for Answers and Transparency in Death of Asylum Seeker at Northwest Detention Center

Washington, DC – This week, Congressman Adam Smith (WA-09) led a letter with Senators Patty Murray (D-WA), Maria Cantwell (D-WA) and Congresswoman Pramila Jayapal (WA-07) to U.S. Immigration and Customs Enforcement (ICE) demanding answers surrounding the recent death of Mergensana Amar, a Russian asylum seeker detained in the custody of ICE at the Northwest Detention Center in Tacoma, Washington. In the letter, the lawmakers call for transparency and a thorough understanding of the circumstances and actions taken leading up to Mr. Amar’s death.

The Members write in part, “The federal government has a solemn duty to care for and protect those within its custody, including individuals detained by ICE… We request that you provide information to our offices regarding the circumstances surrounding the treatment and care for Mr. Amar, and what improvements you will make to avoid other similar tragedies in the future.”

The full text of the letter can be found below and here.

Acting Director Ronald D. Vitiello

U.S. Immigration and Customs Enforcement

Department of Homeland Security

500 12th Street SW

Washington, D.C. 20536

 

Dear Acting Director Vitiello: 

 

We are deeply saddened by the recent death of Mergensana Amar, a Russian asylum seeker detained in the custody of the U.S. Immigration and Customs Enforcement (ICE) at the Northwest Detention Center in Tacoma, Washington.

 

The federal government has a solemn duty to care for and protect those within its custody, including individuals detained by ICE. News of Mr. Amar’s death follows a report condemning conditions in ICE’s Adelanto Detention Center in California.[1] The report recounts nooses found hanging in cells, lack of adequate mental health services, and access to medical care at the facility.[2] In light of this report, we are particularly alarmed by tragic news of Mr. Amar’s suicide, and are concerned with ICE practice and protocol for preventing such deaths moving forward.

 

We request that you provide information to our offices regarding the circumstances surrounding the treatment and care for Mr. Amar, and what improvements you will make to avoid other similar tragedies in the future. Please provide the following information and answers to questions by Tuesday December 11, 2018:

  • A copy of any detainee death reviews and reports related to Mr. Amar.
  • A detailed timeline of where Mr. Amar was located within the Northwest Detention Center (segregation/solitary confinement, general population, health unit, or elsewhere), and rationale for each instance in which he was moved.
  • A copy of any review of Mr. Amar’s placement in segregation, as required by the September 2013 ICE Segregation Memo.
  • A detailed timeline of exactly what medical services were provided, when they were provided, and the results of any medical evaluations.
  • A copy of the court order ICE obtained for involuntary hydration as well as any records that indicate how ICE used this order.
  • ICE stated that Mr. Amar “remained in good physical health prior to this incident” – by what measures was he determined to be in good physical health? Who determined that he was in good physical health?
  • Did ICE conduct mental health checks? How often, by whom, and in what manner?
  • At any point in time, did anyone question whether Mr. Amar was a threat to his own safety? If so, at what point was this determined by ICE and what was the rationale? If a determination was made that he was a threat to his own safety, what actions were taken and procedures followed to prevent Mr. Amar from harming himself?
  • While he was on hunger strike, was Mr. Amar threatened with force feeding? Was Mr. Amar denied privileges, such as access to the law library, telephone, television, or other privileges while he was on hunger strike?
  • Based on your death review findings related to Mr. Amar, what changes, improvements to policy and protocol, and best practices will you implement to ensure the health and safety of detainees, and to prevent similar health related tragedies from occurring again.

 

It is imperative that there be transparency and a thorough understanding of the circumstances and actions taken leading up to Mr. Amar’s death. We look forward to hearing from you promptly.

 

Sincerely,

 

Global Fragility and Violence Reduction Act Passes House

November 28, 2018

Global Fragility and Violence Reduction Act Passes House 

Washington, DC – Representatives Adam Smith (D-WA), Eliot L. Engel (D-NY), Ted Poe (R-TX), Michael McCaul (R-TX), and Bill Keating (D-MA) today applauded the House passage of their bipartisan bill, the Global Fragility and Violence Reduction Act. This legislation would improve U.S. engagement in fragile and unstable countries to reduce violence and address the conditions that create safe havens for terrorists, criminal networks, and war lords.

“Instability across the world continues to lead to the displacement of millions of people. In response to the unprecedented refugee crisis caused by the rise in conflict, famine and disease, the U.S. must be a leader in addressing the root causes of violence and fragility. The Global Fragility and Violence Reduction Act is a significant step in bringing together defense, diplomatic, and development stakeholders to better tackle these complex challenges,” said Rep. Smith, Ranking Member of the Committee on Armed Services.

“Around the world, levels of violence are at a 25-year high, driving massive instability. This is a global security threat, as fragile, unstable states are breeding grounds for criminals and terrorists,” said Rep. Engel, Ranking Member of the Committee on Foreign Affairs, on the House floor. “Over the years, we have learned a lot about what works to stabilize conflicts and prevent violence from breaking out. We need to update our government policies to implement those lessons. This bill does just that, by establishing an initiative to reduce fragility and violence that will align American policy and programs with best practices.”

“Around the globe today, nations plagued by conflict and violence pose serious challenges for our interests abroad and security at home,” said Rep. Poe, Chair of the Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade. “Terrorists and rogue regimes have long exploited fragile states to operate beyond the rule of law and promote extremism. Meanwhile, the various departments and agencies of the U.S. government charged with conducting our foreign policy have responded to these challenges with ad hoc fixes that avoid addressing underlying causes of instability and lack interagency coordination and proper Congressional oversight. The Global Fragility and Violence Reduction Act will fix these mistakes by requiring coordinated long-term strategies presented to Congress that target the core cause of violence and instability in trouble nations around the world. Through a smarter, planned process, our diplomats, military, and USAID staff can use our foreign aid dollars more effectively and efficiently, instead of endless assistance programs that only apply triage to persistent conflicts. I thank Ranking Member Engel, Rep. Smith, and Rep. McCaul for their hard work on this important bill.” 

“Today, the House took an important step to reduce worldwide violence and improve international stability. Violence and brutal conflict costs the global economy over $14 trillion a year and creates environments where large-scale international responses are needed to stop the struggle and deliver humanitarian aid. This legislation directs USAID, the State Department, and the Defense Department to work with other relevant agencies in crafting an integrated strategy in a number of these ‘fragile states.’ The strategy would focus on preventing the total breakdown of government, while also denying terrorist groups the unstable, fertile territory from which they recruit,” said Rep. McCaul, Chair of the Committee on Homeland Security. “By proactively prioritizing the necessary resources and with our federal departments working in unison, we will be better positioned to eliminate terrorist safe havens, stimulate global stability, and avoid large-scale international interventions.”

“As a senior Member of the Foreign Affairs and Homeland Security Committees, it could not be clearer to me that to be safer here at home, we need to address the root causes of fragility that leave communities around the world vulnerable to conflict and extremism. That’s exactly what this bill does. It requires an interagency strategy and a pilot program so that our resources are not only better coordinated to have a greater impact, but so that we also learn as much as possible about how to best combat this problem,” said Rep. Keating, Ranking Member of the Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade and Co-Chair of the Congressional Counterterrorism Caucus. “We have lost so many lives and expended so much on conflicts that don’t seem to ever get resolved. Addressing fragility brings us closer to the root causes of these conflicts and we owe it to our servicemen and women, to members of our foreign service, and to the American people to do that. Time and again, our research has shown that focusing on fragility will be a much more effective way of creating more sustainable peace and security around the world.”

Background

Violence and violent conflict have become the leading causes of displacement worldwide, resulting in an unprecedented 68.5 million forcibly displaced people, while preventable violence kills at least 1.4 million people annually. Containing violence costs the global economy $14.7 trillion a year (12.4% of world GDP).

US National Security Strategies over the past 15 years affirm that America has a national security interest in better preventing and mitigating violence, violent conflict, and fragility. Lessons learned over the past 20 years show that doing so will require more clearly defined goals, strategies, and interagency coordination.

The Global Fragility and Violence Reduction Act charges the State Department, Defense Department, and USAID with designating at least 6 priority countries or regions and implementing 10-year plans for addressing violence and fragility in those areas. The bill requires these departments and agencies to apply lessons learned and robust standards for measuring effectiveness and adapting programs based on results.

The legislation is endorsed by: Alliance for Peacebuilding, American Friends Service Committee, Bread for the World, CARE, Carl Wilkens Fellows, Center for Civilians in Conflict (CIVIC), Center on Conscience & War, Charity & Security Network, Chemonics, Church of the Brethren Office of Public Witness, Conciliation Resources, Congregation of Our Lady of Charity of the Good Shepherd US Provinces, Cure Violence, Educators’ Institute for Human Rights, Foreign Policy 4 America, Franciscan Action Network, Friends Committee on National Legislation (FCNL), Future Without Violence, Global Communities, Global Water 2020, Humanity United Action, i-ACT, In Defense of Christians, Institute for Multi-Track Diplomacy, InterAction, International Alert, International Civil Society Action Network, International Crisis Group (ICG), International Rescue Committee, Jewish World Watch, Karuna Center for Peacebuilding, Mercy Corps, National Advocacy Center of the Sisters of the Good Shepherd, National Latino Evangelical Coalition, Never Again Coalition, Nuru International, Pax Christi International, Pax Christi USA, Peace Direct, PRBB Foundation, Saferworld, Search for Common Ground, STAND, Stop Genocide Now, United Church of Christ, Women for Afghan Women, World Relief, and World Vision.

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