Adam Goodman sat down with professor, author, and human rights advocate Elliott Young to discuss his new book which shines a light on the often cruel and senseless policies that make up the intersection of immigration and criminal justice in the United States.
Adam Goodman: The book’s title, Forever Prisoners, is provocative. How did you come up with it and what does it mean?
Elliott Young: A friend who does prison abolition activism work and criminal justice said that the stories I tell sound a lot like the Guantanamo prisoners who have been there for twenty years, many of them not charged with any crimes. And so, this moniker: forever prisoners. The more I thought about it, I said, “Yes, forever prisoners is exactly the state in which many of these immigrants found themselves.” Of course, most of them didn’t spend their entire lives in prison. Some died after being detained, but many got out; but even when people get out, immigrants found themselves in positions of rightlessness or diminished rights. For people deported to places in Central America where there is lots of gang violence or political violence, they find themselves also like prisoners, in the sense of being trapped in their houses. So, the long reach of the tentacles of the prison seemed like an apt metaphor to think about the condition in which immigrants have been living for the last 140 years.
AG: Many scholars of immigration detention focus on the 1980s to the present. You start a century earlier. Why? What do we learn by tracing that longer history?
EY: My previous book was about Chinese immigration and starts off in the mid-nineteenth, so I knew that the Chinese were being detained and deported (obviously not in the numbers that we have today) right from the beginning of when the federal immigration system was set up. It seemed that the origins of that system were important to understand and to try to understand the trajectory from the late nineteenth century all the way through to the present. Not to say that there were no changes, but to track those changes so we don’t make the mistake of thinking we could return to an idealized earlier era. Sometimes people say 1954, “Oh, that was the moment like immigrant detention ended.” Well, 1954 to the 1980s was not a good time for Mexicans who were coming across the border without authorization.
AG: One of the things I found most compelling about your book is that you tell the history of immigration detention through a series of incredible, incredibly revealing, and often disturbing stories. The book’s first story takes place not on Ellis Island or on Angel Island, but on McNeil Island, off the coast of Washington. Why there?
EY: McNeil Island was a remote prison island off the coast of Tacoma, one of the three penitentiaries in the United States in this period. I started to do research on Chinese imprisoned there and discovered that they were put there for unauthorized entry—but they were sentenced to hard labor, which was a prison sentence. They were not simply put in this prison pending deportation, which is now the justification for imprisoning immigrants. In this case, they were actually given sentences, but they didn’t go through a judicial trial, so this is completely illegal based on the Constitution. Eventually the Supreme Court, in a landmark 1896 case, decided that you couldn’t do that. You could imprison or detain immigrants pending deportation, but you couldn’t impose criminal sentence on them without a judicial trial.
In this early period, they are experimenting with what to do with immigrants, so they put them in McNeil Island. It was clear that Chinese at that point were crossing the border from Canada to come across into the Pacific Northwest without authorization. The easiest thing for the immigration authorities was to just take them to the border of Canada and push them across. But at that point, Canada had established a head tax requirement for the Chinese and the migrants didn’t have the money to pay. So, Canada refused them entry and they ended up in McNeil Island prison for years, while there were diplomatic negotiations with the Canadian government. Eventually, in the early 1890s, U.S. officials deported them back to China. It’s in this early period that you see the U.S. government trying to work out both the legal grounds for holding immigrants as well as developing the whole bureaucracy and mechanisms for deporting people across the globe.
AG: That raises the question: What do U.S. officials do when there’s nowhere to deport someone? What happens when there’s a country that’s not willing to accept them? This comes up in the case of Nathan Cohen, who found himself in extended—perhaps even indefinite—detention.
EY: Nathan Cohen came from a part of Russia that’s kind of a borderlands region. He was Jewish, he had migrated to Brazil and spent a few years there, then went to New York in 1912. He ends up going to the Deep South, because he has relatives there, and opens a business with his uncle in Jacksonville, Florida. Within a short period of time, he gets married and then he’s swindled by his family. He loses his busines and his wife runs off with his best friend, and this sends him into a funk where he essentially becomes mute. He goes to Baltimore, where his sister was living, and gets put into a mental hospital run by the state, a public mental hospital, and gets declared insane. And because he had immigrated within three years, that declaration of insanity was grounds for deportation. So, he gets sent to Ellis Island and they put him on a ship to go back to Brazil. But Brazil refuses to take him. The ship goes on to Argentina, who also says they don’t want him. The U.S. government is trying to contact the Russians. This is during World War I, Cohen is a Jew, and there’s anti-Jewish programs going on in this region, so Russia isn’t interested in taking him. So, he’s essentially stateless. The press describes him as the wandering Jew, the man without a country. And so, he gets sent back to New York. After spending several months in detention on Ellis Island, they try to deport him again. The same thing happens.
AG: It’s a nightmare.
EY: It’s a nightmare; a Kafkaesque nightmare. The last time when he comes back to New York Harbor. The authorities don’t even let him off the boat because they realize that once he’s on U.S. soil he could have legal claims. What happens with Nathan Cohen, eventually the Hebrew Immigrant Aid Society and the Knights of Pythias, which was a fraternal organization of which he was a member, intervene and agree to pay for his upkeep in a private sanatorium in Connecticut. He’s taken off the ship and lives in that sanatorium for about a year. Then he just dies, kind of mysteriously, since he’s still a young man at this point (mid-30s), and is buried on Staten Island.
Nathan Cohen’s story is fascinating on its own, but it also led me to discover that there was this whole other system of incarceration in the early twentieth century. Mental hospitals held many more citizens and noncitizens than detention centers or even in jails and prisons. By the 1960s, they started phasing out mental institutions in part because of the critiques of the way mental institutions were handled, and then we see the rise of mass incarceration. What we have now is lots of people who have mental illness, but instead of being in mental institutions they are in prisons and jails.
AG: Something else that stands out is the history of the U.S. government deporting people from Latin America to the United States, rather than vice versa, and detaining them during World War II.
EY: During World War II, there was this semi-secretive FBI program to identify and roundup Axis nationals in Latin America through the U.S. embassies in various countries. Thirteen countries participated in this program. I focus on the case of Seiichi Higashide, who is of Japanese origin, went to Peru as a young man, developed a business there selling goods, and married a Japanese Peruvian woman. He’s put on this list but manages to evade detection for a few years with the help of a local police chief. When he’s finally picked up, Peruvian officials force him onto a U.S. military transport ship and he’s taken to Panama. He’s briefly held at a U.S. military camp there, then put on another ship and taken to New Orleans. From New Orleans they put him on a train and he ends up in Texas. His wife and two children eventually decide to follow him to the United States to keep the family United. The story raises all these questions that we’re facing today about family separation. According to the government, all these people voluntarily went into detention, but it wasn’t so voluntary when the father was forcibly picked up and taken away and the family ends up joining him. U.S. officials detained them in a camp in Crystal City, Texas, which is actually 40 miles from the current family detention center in Dilley. There’s a long history of family detention in the heart of South Texas that continues to this very day.
AG: Another connection to the present is the history you trace of people resisting and organizing against detention. Tell us about the detention of Haitians and Cubans in the 1970s and 1980s, the uprisings in Oakdale, Louisiana, and Atlanta, Georgia, which you describe as “the longest prison takeover in U.S. history.”
EY: In the 1970s, you have Haitians escaping from political unrest and political violence thrown into detention. And almost universally, their asylum claims are rejected. Then, in 1980, there’s this massive boatlift of people from Cuba, the Mariel boatlift, and these are people escaping from a communist country. Initially, Carter sort of welcomes them with open arms into the United States. But this group of 125,000 Cubans was unlike the Cubans who had fled Castro in the early 1960s. Many of them are Black, and they come from lower socioeconomic groups. Their reception in Miami was not as welcoming as the reception in the 1960s had been. They were seen and stigmatized as criminals and as being mentally ill, because there was this idea that Castro just sort of emptied his jails and mental institutions.
The U.S. government responds by establishing mass immigrant detention spaces on military bases around the country. And the idea is they need to be processed to figure out who are the criminals, who are the mentally ill people, and figure out who has family sponsors. After a couple of years, it’s almost entirely Black Cubans who are still in detention. After about a year, almost all of them are paroled into the United States, but they still haven’t regularized their status. Some of those people commit low level offenses, many of them are picked up on marijuana possession charges. Some of them have assault charges and a handful of them do have more serious violent crimes like homicide. So those people are then criminally sentenced and do their time. But after they do their time, because of the immigration regulations, they are now ineligible for their status to be regularized. They face indefinite detention pending deportation.
Eventually, they are sent to Atlanta Penitentiary and to Oakdale, Louisiana, where there was another detention center. Many of them languish there for years. They arrived in 1980 and a few hundred of them were held until the late 1980s. The Castro regime was not interested in having these people return, so they were essentially in prison indefinitely. Then, in November 1987, the Cuban government agrees to take back 2,000 people. Word spreads to these two prisons that they’re going to be deported to Cuba, and that sets off an uprising, first in Oakdale and then a couple of days later in Atlanta.
AG: It’s incredible that these uprisings were more or less coordinated.
EY: They had word through the grapevine and through the media that this was going to happen, that these deportations were imminent. So, the uprising happens in Oakdale, they take over the prison, they seize hostages, and they start torching the buildings. Then the same thing in Atlanta. This is not too long, around 16 years, after Attica, and in that case the National Guard was called in and more than 40 people were massacred. So, the question was, “How is this standoff going to end?” Somewhat miraculously, only one Cuban was shot and killed in Atlanta. No one else died in this episode and after two weeks they finally come to an agreement thanks to the intervention of a Cuban American Bishop from Miami who encouraged the people to give up the hostages and to end the siege. They also received a commitment from the U.S. government to conduct individual asylum reviews. Finally, after Thanksgiving, they leave the prison with salsa music blaring and they give themselves up and turn over the hostages. The larger point of this story is that these uprisings offer insights into the beginnings of “crimmigration,” or the overlapping of criminal justice and immigration.
AG: Throughout the book you show how the criminalization of noncitizens has resulted in the detention and deportation of long-term residents, many of whom have U.S. citizen children. One of the book’s most moving stories is that of Mayra Machado.
EY: I knew for the last chapter I wanted to focus on crimmigration today, and probably a Central American case, since increasingly those are the people detained. As I was looking for media stories, one day I get a call from a detention center in Louisiana. I accepted the call and it was Mayra Machado, who I had done an expert witness asylum declaration for a couple of years earlier. That case was unsuccessful; she was deported.
Mayra was brought to the United States from El Salvador when she was five years old and grew up in Southern California. Then her family moved to Arkansas. When she was eighteen years-old she wrote a hot check; clearly a crime, a mistake. She was picked up, charged, and sentenced to six months in some camp for rehabilitation. She did her time, got out, and ended up having children. Then, in 2015, around Christmas time, she went to Hobby Lobby to buy decorations. Her son left his glasses at the store, and when they returned to get them, she was pulled over on failure to yield traffic violation. Because of the expansion of these Secure Communities agreements and 287(g) agreements, where local law enforcement was basically authorized as immigration agents, they ran her information through the system and discovered that she didn’t have authorization to be in the country. In reality, this is a woman who grew up in the United States, was a working mom—wasn’t some kind of violent criminal—and she’s all of a sudden faced with permanent banishment from the country and separation from her three U.S. citizen children.
I hadn’t actually even been in contact with her personally, but she had my number and she called me up and she said, “I came back into the United States.” Police had picked her up on a traffic violation and put her back in detention while awaiting deportation. At this point she was representing herself. Immigration law is extremely, extremely complicated. When immigrants, as smart as they are, try to represent themselves, the chance of them succeeding is almost nil. I was able to get her a pro bono lawyer from Loyola Law School (New Orleans). And I agreed to work on her case as an expert witness.
AG: How did you start providing expert witness testimony in immigration and asylum cases? What is immigration court like?
EY: This book is really about the present and from my perspective it’s sort of ethically obligatory to not only write about this from the ivory tower, but to actually use what you know to try to have an impact. And one of the ways to do this as an academic is by working on asylum cases.
In 2014, Steven Manning, a great immigration lawyer who runs the Innovation Law lab here in Portland, Oregon, contacted me and asked if I would do an expert witness country conditions declaration to inform the court about the political context related to claims being made. At this point I’ve done more than 400 of these.
Immigration courts are kind of like the Wild West. Immigration judges could decide what they will and won’t accept, so whether your claim has any grounds entirely depends on which immigration judge you get. In Louisiana, the rate of denial is over 90 percent, and some of the judges have 100 percent denial rates. Essentially, no matter what your claim, they’re going to deny it.
AG: It’s farcical.
EY: Yeah. In New York or San Francisco, you’ve got a much better shot. That being said, in almost all of the cases that I’ve worked on, the people actually do gain status or are able to avoid deportation. So, if you have a good lawyer and an expert witness—and if you’re also not in Louisiana or in one of these terrible jurisdictions—you can actually gain asylum. But the problem is, most immigrants are not represented by lawyers and most don’t have expert witnesses.
The hero of this story is Mayra, because if she hadn’t advocated for herself none of us would have gotten involved. Isabel Medina, Mayra’s lawyer, advocate Pablo Alvarado, the head of the National Day Laborers Organizing Network, and I went down to an ICE facility run by GEO, the private prison company, in a remote part of Louisiana. We presented all the evidence that when she had been deported back to El Salvador, she had been threatened by gangs with sexual assault and had also received serious threats against her life. But the immigration judge decided against her. Her lawyer appealed to the Fifth Circuit Court, and while the appeal was pending (this was in January of 2020, a year ago), one night at 7:00 p.m. officials told Mayra that they were going to deport her and at 3:00 a.m. that same night they took her to an airport in Alexandria, Louisiana. She argued with them, saying, “No, I’ve got an appeal pending.” But they shackled her and put her on a plane back to El Salvador.
AG: That’s harrowing, and also speaks to how detention and deportation affect U.S. citizens, like Mayra’s children. Something else that we’ve been circling around is the larger story you tell of how immigration detention became intertwined with the rise of mass incarceration writ large.
EY: I’m glad you brought up the mass incarceration question because it’s really what brought me to this project. I was concerned about the mass incarceration of citizens, and also noticed that the literature tended not to focus on immigrants. I wanted to show how immigrant detention is inextricably linked to the mass incarceration of citizens since the 1980s. It’s not a coincidence that the immigrants you find in detention are almost entirely Black and Brown people. This is a racially biased system, enforcement is targeted against particular people, and so in that sense it’s very much linked to the mass incarceration of citizens and the rhetoric that we had from Trump about the “criminals” who are supposedly crossing the border. This is an especially exciting moment when the people arguing against mass incarceration and the folks arguing against immigrant detention can really see how these two systems work together, and then fight to end detention, to end prisons.
AG: How can we accomplish that? Through abolition? Are there other solutions?
EY: I’ll come out and tell you that I’m someone who has an abolitionist horizon. I believe that we should construct a world where there are no prisons, where there are no immigrant detention systems. People should not be in prison because they have come to this country without authorization or they’ve come to this country seeking refuge. It is an abomination, it’s inhumane, and it doesn’t need to be this way. We had 50,000 people a day in ICE detention a year ago. Now, because of Covid, that’s down to 16,000 a day, which is still way too high, but it shows that this system could be dramatically reduced and the sky won’t fall. So, I’m hoping, against my better judgment, that the new Biden administration will not return to the policies of Obama—which were terrible for immigrants and which led to the greatest number of immigrants detained and formally deported in U.S. history—and will instead push for radical transformation of the massive bureaucracy that criminalizes and prevents immigrants from coming to this country in the first place.
Elliott Young is a professor of history at Lewis & Clark College and author, most recently, of Forever Prisoners: How the United States Made the World’s Largest Immigrant Detention System (2021).
Adam Goodman teaches history and Latin American and Latino studies at University of Illinois Chicago. He is the author of The Deportation Machine: America’s Long History of Expelling Immigrants (2020).