Members of Congress call on ICE to end agreement with Yuba County Jail

David Wilson, Appeal-Democrat, Marysville, Calif.
·4 min read

Oct. 28—Last week, 24 members of Congress signed a letter sent to the secretary of the Department of Homeland Security (DHS) calling on the agency to close two private detention facilities as well as terminate its agreement with Yuba County Jail.

The Intergovernmental Service Agreement between U.S. Immigration and Customs Enforcement (ICE) and Yuba County Jail is the last contract with a public facility in California, according to a news release from the California Collaborative for Immigrant Justice (CCIJ).

The letter to DHS cited Yuba County Jail's consistently unsanitary conditions and low population. It mentioned that Yuba County Jail has been subject to a federal consent decree since 1979. The decree was amended in 2018 and requires the county improve conditions at the jail including providing timely medical care, changing the physical structure of the jail, and providing mental health care and suicide risk assessments for certain detainees.

An April inspection from the ICE Office of Detention Oversight found 31 deficiencies and found that Yuba County Jail was in compliance with only half of the 18 ICE detention standards, according to the letter.

Yuba County Sheriff's Office spokesperson Leslie Williams said the jail had two successful ICE inspections of the facility and programs in recent months and the sheriff's office praised jail division staff in an Oct. 22 Facebook post. Williams said the jail is in compliance of the consent decree and that all structural changes that are required have been completed. The final structural change is currently under construction and will be completed by the required December deadline, according to Williams.

On Wednesday, Ricardo Vasquez Cruz, the last individual detained by ICE at Yuba County Jail, was released after spending three years at the jail. He was detained because ICE believed Cruz to be a deportable noncitizen, CCIJ Communications Manager Laura Duarte Bateman said. She said Cruz suffers from several medical conditions including diabetes, hypertension, and gastroesophageal reflux disease.

"He has been suffering from excruciating stomach pains for months and was not provided adequate treatment or diagnosis from Yuba County Jail," Bateman said in an email. "They told him he was getting an endoscopy weeks ago and today (Wednesday) he leaves without it being done."

The letter to DHS said conditions at the jail have led to repeat protests and hunger strikes when formal complaints were mishandled.

Williams said the current ICE population is down due to social distancing needs and that in 2019, the jail averaged an ICE population of approximately 170-180. She said the jail expects the ICE population to rise as conditions allow. Overall, the entire jail population is about half the normal capacity with about 200 inmates in custody out of a capacity of 425, Williams said.

The jail receives $158.13 per day for 150 detainees housed and an additional $13.79 per day for every detainee over 150 as part of the agreement, according to Williams.

"While we do not anticipate ending our long-standing housing contract with ICE; if that were to happen, we would still maintain operation as a county jail; however not without a significant budgetary impact to Yuba County," Williams said in an email.

Bateman said DHS signed the contract with Yuba County Jail and therefore can decide to end the contract without approvals from other entities. She said DHS unilaterally closed detention facilities in Georgia and Massachusetts. DHS has not responded to the letter and CCIJ will be following up with the members of Congress who led the call to close the facilities about the appropriate congressional process.

Congressman John Garamendi could not be reached for comment on Wednesday and was not one of the 24 lawmakers to sign the letter to DHS. Garamendi's district includes Yuba, Sutter and Colusa counties.

Bateman said at the beginning of the pandemic, Yuba County Jail had 175 ICE detainees. By April 2021, 11 people remained detained. Four of the 11 were released by ICE unexpectedly, two were released on bond, one was released due to negotiations with ICE and four were deported.

"This comes to show that ICE has the ability to release anyone in their custody at any given time," Bateman said. "Those who were previously detained and have been released to their communities are doing very well, they are complying with all of their ICE requirements, they are back to their jobs, and are enjoying the company of their families. Immigrant detention, a violent practice that separates communities, creates a lot of financial uncertainty and emotional distress for impacted families. Incarceration puts individuals at risk and it can and must be replaced by community-based alternatives."