Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 1 of 198 Page ID #:15401 1 2 3 4 5 6 7 8 9 10 11 CARLOS R. HOLGUÍN (Cal. Bar No. 90754) PETER A. SCHEY (Cal. Bar No. 58232) Center for Human Rights & Constitutional Law 256 South Occidental Boulevard Los Angeles, CA 90057 Telephone: (213) 388-8693 Email: crholguin@centerforhumanrights.org pschey@centerforhumanrights.org LEECIA WELCH (Cal. Bar No. 208741) National Center for Youth Law 405 14th Street, 15th Floor Oakland, CA 94612 Telephone: (510) 835-8098 Email: lwelch@youthlaw.org 12 Listing continues on next page 13 Attorneys for Plaintiffs 14 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 18 Jenny Lisette Flores, et al., 19 20 21 22 23 24 25 26 27 28 Plaintiffs, v. Jefferson B. Sessions, Attorney General, et al., Defendants. Case No. CV 85-4544-DMG (AGRx) EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT (VOL. 5: EXS. 61-89, PAGES 408-655, PUBLICLY FILED EXHIBITS ONLY) Hearing: May 18, 2018 Time: 9:30 a.m. Room: 1st St. Courthouse Courtroom 8C Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 2 of 198 Page ID #:15402 1 2 3 4 5 6 7 8 9 Counsel for Plaintiffs, continued HOLLY S. COOPER (Cal. Bar No. 197626) Co-Director, Immigration Law Clinic CARTER C. WHITE (Cal. Bar No. 164149) Director, Civil Rights Clinic University of California Davis School of Law One Shields Ave. TB 30 Davis, CA 95616 Telephone: (530) 754-4833 Email: hscooper@ucdavis.edu ccwhite@ucdavis.edu 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 3 of 198 Page ID #:15403 1 I, Carlos Holguín, do hereby declare that true and correct copies of the following 2 documents are attached hereto: 3 4 5 6 7 8 9 10 11 INDEX TO EXHIBITS No. Declaration of the Mother of Nicolás C., February 6, 2018 (proposed to be filed partially under seal) .............................................. 1-10 2 Declaration of Nicolás C., February 4, 2018 (proposed to be filed partially under seal) ...................................................................... 11-19 3 Morrison Paso Case Review re: Nicolás C., September 17, 2017 (proposed to be filed partially under seal) ............................................ 20-26 4 Custody Order of the Immigration Judge re: Nicolás C., December 19, 2017 (proposed to be filed partially under seal) ............ 27-28 5 Declaration of Leland Baxter-Neal, February 6, 2018 (proposed to be filed partially under seal) ............................................................. 29-34 6 Email from Erich Corona re: Nicolás C., January 9, 2018 (proposed to be filed partially under seal) ............................................ 35-38 7 Declaration of James M. Owens, February 7, 2018 (proposed to be filed partially under seal) ................................................................. 39-43 8 ORR Interim Guidance re: Custody Hearings, July 18, 2017 .............. 44-55 9 Declaration of Daniella Q., February 28, 2018 (proposed to be filed partially under seal) ...................................................................... 56-59 10 Declaration of Isabella M., December 1, 2017 (proposed to be filed partially under seal) ...................................................................... 60-63 11 Supplemental Declaration of Isabella M., February 28, 2018 (proposed to be filed partially under seal) ............................................ 64-68 12 Declaration of the Mother of Isabella M., February 28, 2018 (proposed to be filed partially under seal) ............................................ 69-75 13 Declaration of Victoria R., February 28, 2018 (proposed to be filed partially under seal) ...................................................................... 76-79 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page(s) 1 12 13 Description iii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 4 of 198 Page ID #:15404 1 14 Declaration of David I., November 30, 2017 (proposed to be filed partially under seal) ...................................................................... 80-84 15 Supplemental Declaration of David I., February 28, 2018 (proposed to be filed partially under seal) ............................................ 85-88 16 Declaration of Eduardo A., March 1, 2018 (proposed to be filed partially under seal) .............................................................................. 89-93 17 Declaration of Rosa L., December 1, 2017 (proposed to be filed partially under seal) .............................................................................. 94-97 18 Supplemental Declaration of Rosa L., February 28, 2018 (proposed to be filed partially under seal) .......................................... 98-100 19 Declaration of Gabriela N., December 1, 2017 (proposed to be filed partially under seal) .................................................................. 101-104 20 Supplemental Declaration of Gabriela N., February 28, 2018 (proposed to be filed partially under seal) ........................................ 105-108 21 Declaration of Arturo S., February 28, 2018 (proposed to be filed partially under seal) .................................................................. 109-112 22 ORR Form Notice of Placement in a Restrictive Setting, February 5, 2018 ............................................................................... 113-115 23 ORR FAQ: July 2017 Bond Hearings for Unaccompanied Alien Children (UAC) ................................................................................ 116-118 24 ORR FAQ: ORR Directors Release Decision, January 26, 2018 ..... 119-121 25 Letter from Carlos Holguín to Office of Immigration Litigation, December 19, 2017 ........................................................................... 122-129 26 Email from Sarah Fabian re: Flores Meet and Confer Discussion, January 12, 2018 ........................................................... 130-131 27 Letter from Leecia Welch to Office of Immigration Litigation re: Psychotropic Medications, and Attachments, January 16, 2018 (proposed to be filed partially under seal) ............................... 132-161 28 Letter from Carlos Holguín to Office of Immigration Litigation, February 16, 2018 ............................................................................. 162-164 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iv EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 5 of 198 Page ID #:15405 1 29 Email from Sarah Fabian re: Flores Meet and Confer Discussion, March 2, 2018 ............................................................... 165-168 30 Declaration of Javier C., November 15, 2017 (proposed to be filed partially under seal) .................................................................. 169-173 31 Declaration of Carlos A., November 16, 2017 (proposed to be filed partially under seal) .................................................................. 174-177 32 Declaration of Miguel B., November 16, 2017 (proposed to be filed partially under seal) .................................................................. 178-181 33 Declaration of Luis D., November 15, 2017 (proposed to be filed partially under seal) .................................................................. 182-192 34 Declaration of Andrés D., July 11, 2017 (proposed to be filed partially under seal) .......................................................................... 193-197 35 Declaration of Jorge E., July 11, 2017 (proposed to be filed partially under seal) .......................................................................... 198-205 36 Declaration of Gustavo H., July 11, 2017 (proposed to be filed partially under seal) .......................................................................... 206-210 37 Declaration of Roberto F., July 11, 2017 (proposed to be filed partially under seal) .......................................................................... 211-220 38 Declaration of Natalia T., November 21, 2017 (proposed to be filed partially under seal) .................................................................. 221-223 39 Declaration of Ricardo U., November 21, 2017 (proposed to be filed partially under seal) .................................................................. 224-226 40 Declaration of Sofia O., December 1, 2017 (proposed to be filed partially under seal) .................................................................. 227-231 41 Declaration of Gloria P., December 1, 2017 (proposed to be filed partially under seal) .................................................................. 232-235 42 Declaration of Edwin B., March 1, 2018 (proposed to be filed partially under seal) .......................................................................... 236-242 43 Letter from Carlos Holguín to Cynthia Nunes Colbert, et al., re: Legal Representation for Specified Class Members, March 12, 2018 (proposed to be filed partially under seal) ............................... 243-246 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 6 of 198 Page ID #:15406 1 44 Declaration of Samuel W., October 26, 2017 (proposed to be filed partially under seal) .................................................................. 247-250 45 Declaration of Jaime V., October 26, 2017 (proposed to be filed partially under seal) .......................................................................... 251-254 46 Declaration of Mateo X., October 26, 2017 (proposed to be filed partially under seal) .................................................................. 255-256 47 Declaration of Mario Y., October 26, 2017 (proposed to be filed partially under seal) .......................................................................... 257-260 48 Declaration of Maricela J., November 30, 2017 (proposed to be filed partially under seal) .................................................................. 261-264 49 Declaration of Teresa K., November 30, 2017 (proposed to be filed partially under seal) .................................................................. 265-268 50 Declaration of Diego E., January 16, 2018 (proposed to be filed partially under seal) .......................................................................... 269-273 51 Declaration of Daniel F., March 21, 2018 (proposed to be filed partially under seal) .......................................................................... 274-278 52 Declaration of Alejandro G., March 21, 2018 (proposed to be filed partially under seal) .................................................................. 279-285 53 Transcript of Testimony of James De La Cruz, Saravia v. Sessions, Case No. 3:17-cv-03615-VC (N.D. Cal. June 29, 2017), Dkt. No. 28 ............................................................................ 286-382 54 Defendant Brent Cardall’s Responses to Plaintiff’s Request for Admission, Set One, Saravia v. Sessions, Case No. 3:17-cv03615-VC (N.D. Cal. Sept. 20-21, 2017), Dkt. No. 61-3 ................. 383-390 55 Declaration of Camila G., April 3, 2018 (proposed to be filed partially under seal) .......................................................................... 391-396 56 Patient Profile – Active Medications of Victoria R., January 9, 2018 (proposed to be filed partially under seal) ............................... 397-398 57 Patient Profile – Active Medications of David I., November 27, 2017 (proposed to be filed partially under seal) ............................... 399-400 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vi EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 7 of 198 Page ID #:15407 1 58 Patient Profile – Active Medications of Rosa L., July 31, 2017 (proposed to be filed partially under seal) ........................................ 401-402 59 Medication Information and Reconciliation and Over-theCounter Medication Release Forms for Isabella M., September 28-29, 2017 (proposed to be filed partially under seal) .................... 403-405 60 Medication Information and Reconciliation Form for Gabriela N., September 7, 2017 (proposed to be filed partially under seal) ................................................................................................... 406-407 61 Medication Information and Reconciliation Form for Sofia O., September 18, 2017 (proposed to be filed partially under seal) ....... 408-409 62 Yolo County Juvenile Detention Facility Parental Medical Authorization Form for Julio Z., December 14, 2016 (proposed to be filed partially under seal) ......................................................... 410-411 63 Patient Profile – Active Medications of Julio Z., December 12, 2016 (proposed to be filed partially under seal) ............................... 412-413 64 Declaration of Julio Z., November 13, 2017 (proposed to be filed partially under seal) .................................................................. 414-424 65 Declaration of Sister of Victoria R., March 13, 2018 (proposed to be filed partially under seal) ......................................................... 425-431 66 Declaration of Proposed Sponsor of Victoria R., March 13, 2018 (proposed to be filed partially under seal) ............................... 432-435 67 Declaration of Grandfather of Gabriela N., March 15, 2018 (proposed to be filed partially under seal) ........................................ 436-441 68 Custody Order of the Immigration Judge re: Santiago H., February 21, 2018 (proposed to be filed partially under seal) .......... 442-443 69 Order of the Immigration Judge with Respect to Custody re: Santiago H., March 20, 2018 (proposed to be filed partially under seal) ......................................................................................... 444-446 70 Email from Toby Biswas re: Santiago H. Follow Up, February 23, 2018 (proposed to be filed partially under seal) ......................... 447-449 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 8 of 198 Page ID #:15408 1 71 Case Review re: Santiago H., November 29, 2017 (proposed to be filed partially under seal) ............................................................. 450-452 72 ORR Information Memo re: Community Safety Initiative for the Unaccompanied Alien Children Program, August 16, 2017 ...... 453-457 73 Declaration of John Doe 1, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 17, 2018), Dkt. No. 34-1 .......................................... 458-464 74 Declaration of John Doe 2, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 5, 2018), Dkt. No. 34-2 ............................................ 465-471 75 Declaration of John Doe 3, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH (W.D. Va. Jan. 5, 2018), Dkt. No. 34-3 ............................................ 472-478 76 Declaration of D.M, John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 2, 2018), Dkt. No. 34-5.............................................................. 479-484 77 Declaration of R.B., John Doe 1 v. Shenandoah Valley Juvenile Ctr. Comm’n, Case No. 5:17-cv-00097-EKD-JCH, (W.D. Va. Jan. 8, 2018), Dkt. No. 34-6.............................................................. 485-490 78 Transcript of Jonathan White, Saravia v. Sessions, Case No. 1815114 (9th Cir. Oct. 27, 2017), Dkt. No. 9-2.................................... 491-548 79 Exhibit 1 to Appellees’ Request for Judicial Notice, Saravia v. Sessions, Case No. 18-15114 (9th Cir. March 16, 2018), Dkt. No. 20................................................................................................ 549-555 80 Stipulated Settlement Agreement, Flores v. Reno, Case No. CV 85-4544-RJK(Px) ...................................................................... 556-584 81 Declaration of Justin Mixon, October 19, 2017................................ 585-591 82 Email from Sarah Fabian re: Correspondence re: Legal Representation for Flores Class Members, March 23, 2018............. 592-594 83 Letter from James De La Cruz to Flores Counsel re: Psychotropic Medications, April 2, 2018 (proposed to be filed partially under seal) .......................................................................... 595-601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 viii EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 9 of 198 Page ID #:15409 1 84 Individual Service Plan – Residential Treatment for Victoria R., Shiloh Treatment Center, Inc., December 26, 2017 (proposed to be filed partially under seal) ............................................................. 602-606 85 Declaration of Lorelei Alicia Williams, previously filed in this case in Docket No. 239-2, August 5, 2016 ....................................... 607-618 86 Declaration of Megan Stuart, previously filed in this case in Docket No. 239-2, August 1, 2016 ................................................... 619-646 87 Declaration of Carlos Holguín, April 10, 2018 ................................ 647-649 88 ORR Authorization for Medical, Dental, and Mental Health Care for Carlos A., July 31, 2017 (proposed to be filed partially under seal) ......................................................................................... 650-652 89 Declaration of Carter White, April 14, 2018, attaching Shiloh Treatment Center Consent to Medical Care Form ............................ 653-655 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ix EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 10 of 198 Page ID #:15410 1 2 3 I declare under penalty of perjury that the foregoing is true and correct. Executed on this 14th day of April, 2018, at Santa Clarita, California. 4 Respectfully submitted, 5 Carlos Holguín 6 /s/ Carlos Holguín 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x EXHIBITS IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT CV 85-4544-DMG (AGRX) Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 11 of 198 Page ID #:15411 ([KLELW Exhibit 72 Page 453 ! Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 12 of 198 Page ID #:15412 330 C Street, S.W., Washington, DC 20201 www.acf.hhs.gov Information Memo TO: Domestic Policy Council FROM: Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement DATE: August 16, 2017 SUBJECT: Community Safety Initiative for the Unaccompanied Alien Children Program ISSUE This memorandum provides an overview of the Community Safety Initiative being undertaken by the Office of Refugee Resettlement to address concerns regarding gang involvement by former unaccompanied alien children. This memo is for your information only and does not ask you to take any action. BACKGROUND The Office of Refugee Resettlement (ORR) is responsible for receiving in its custody all unaccompanied alien children (UAC) referred by the Department of Homeland Security (DHS) within 72 hours of referral, and providing each child received with care consistent with law. ORR is required by statute and the Flores Settlement Agreement to place each child in the least restrictive setting consistent with the child’s individual requirements and, if possible, identify a responsible adult, or sponsor, to provide care for the child prior to the UAC’s immigration court proceedings. In recent months, there has been public and congressional concern with the Mara Salvatrucha, or MS-13, Central American street gang in American communities, and the involvement in that gang of some individuals who were previously in the ORR UAC Program. This followed outcry at murders committed by MS-13 members, particularly in the Suffolk County, Long Island, area, as well as other U.S. communities including the Washington, D.C., and Houston metropolitan areas. Rep. Peter King, whose district includes Suffolk County, has raised the issue of the number of MS-13 members on Long Island who entered the United States as UAC, and on July 28, the President gave a speech about MS-13 in Suffolk County. ORR has actively responded to this concern with policy and procedural changes aimed at reinforcing community-safety protections in the program. Exhibit 72 Page 454 ! Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 13 of 198 Page ID #:15413 330 C Street, S.W., Washington, DC 20201 www.acf.hhs.gov UAC who are determined to pose a danger to themselves, to others in communities, or pose a flight risk are placed by ORR in secure or staff secure facilities. Secure facilities are ORR’s most restrictive level of care, with staffing and infrastructure comparable to juvenile criminal justice facilities, and are in fact state or local juvenile halls to which ORR has awarded contracts or grants to provide secure UAC custody. Staff secure programs are programs with higher levels of staffing to manage UAC who for reasons of self-harm, disruptive behavior, criminal history, or flight risk are not suitable for residential shelter programs, but do not currently require securelevel care. DISCUSSION The great majority of UAC in ORR custody do not pose a safety risk to the public and are not affiliated with gangs. Many UAC come to the United States to escape violence and gangs in their home communities. On June 9, 2017, ORR reviewed of the UAC in its secure and staff secure facilities. From that review, ORR determined that of the 138 UAC in those facilities on June 9, 35 were voluntarily involved with gangs. Four additional UAC had reported that they had been forced into gang participation. In the context of the nearly 2,400 UAC in ORR custody on that date, this means that gang members were approximately 1.6% of all UAC in care. However, while the proportion of UAC who have gang affiliation is small, ORR recognizes the importance of planning and programmatic interventions to manage that sub-population in a way that does not compromise the program and does not put American communities at risk. Community Safety Initiative In the current Administration, ORR has initiated a Community Safety Initiative, a comprehensive review of program policies and procedures from the lens of the safety of American communities into which UAC are reunified with sponsors. As elements of the unfolding Community Safety Initiative, ORR has made a number of policy and procedure changes made to date. These include: - No current gang members are eligible for release to a sponsor from the program. UAC with gang history upon attaining their 18th birthday are transferred to DHS Immigration and Customs Enforcement (ICE) for detention as adults. In some cases, such as Bond Hearings or habeas lawsuits, courts may order UAC released despite ORR decision to retain UAC in care. - All UAC identified as having current or past gang affiliation are placed in secure facilities. There, further assessment occurs to verify the gang affiliation and determine the dangerousness of the UAC. UAC may be stepped down to staff secure or other level of care based on the evaluation in secure settings. Exhibit 72 Page 455 ! Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 14 of 198 Page ID #:15414 330 C Street, S.W., Washington, DC 20201 www.acf.hhs.gov - ORR’s Deputy Director for Children’s Programs and the ORR Director now review and approve releases from secure or staff secure facilities. - ORR is working on a Memorandum of Agreement (MOA) with DHS to improve existing processes of consultation on the suitability of releases from secure and staff secure facilities, and on the suitability of sponsors. At present, 24 hours prior to release of a UAC from ORR custody, ORR notifies DHS of the sponsor’s identity, location, and relationship to the child, and asks for DHS input regarding safety of the release for the child and the community. ORR again notifies DHS 24 hours after the minor’s release. In the MOA discussions, ORR and DHS are reviewing how the two departments communicate to strengthen ORR’s decision-making on releases of UAC at higher risk of violence or criminal activity in the community where they are placed with a sponsor. - ORR instituted a policy of notification to local authorities of release from secure and staff secure facilities. Another goal of the Community Safety Initiative is increased coordination with and support for local authorities in communities in which UAC are released to sponsors. In July, ORR made a policy change to allow notification of local authorities when UAC from secure and staff secure facilities are released in their communities. ORR is currently working through requirements for implementation of this policy, which it expects to implement in the fall. - Programs are adding the GREAT gang prevention program to their curricula. ORR is also focusing on interventions while minors are in ORR custody designed to help prevent later gang involvement post-release. A specific gang prevention program for youth recommended by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP), the Gang Resistance Education and Training (GREAT) curriculum, is being piloted in facilities. ORR anticipates expansion of the GREAT program to other ORR residential care facilities based on lessons learned from the pilot. - Gang prevention resources are being added to post-release services. ORR is also undertaking to increase the protections against gang involvement by UAC that can be incorporated into safe discharge and post-release services for those UAC who receive post-release services. ORR has partnered with DHS to deliver DHS-provided trainings to ORR’s post-release services providers on how to identify MS-13 and other gang colors and signs, as well as whom to notify if providers become aware of gang activity. - ORR field staff is integrating with local anti-gang task forces. Some ORR Federal Field Specialists have begun attending local and regional anti-gang task forces to strengthen partnerships with law enforcement and stay informed about MS-13 and other gang activity in their areas. ORR is actively participating in the interagency gang task force on Long Island, and is in the process of expanding this effort, including current Exhibit 72 Page 456 ! Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 15 of 198 Page ID #:15415 330 C Street, S.W., Washington, DC 20201 www.acf.hhs.gov outreach efforts to Northern Virginia and Texas gang task forces. - ORR is in direct contact with Suffolk County, NY, Police Commissioner Sini. In the case of Suffolk County, New York, the ORR Director has been in personal contact with Suffolk County Police Commissioner Timothy Sini on a number of occasions. ORR has assisted Suffolk County police with their investigation of MS-13 members by providing information on who, among gang suspects identified by local police, have come through the ORR UAC Program. The Suffolk County Commissioner in turn has agreed to inform ORR whether gang involvement began before, during, or after time in ORR care, if that information surfaces during local investigations. ORR is working to inform Suffolk County of releases of UAC into that community. Following the President’s speech about MS-13 at Suffolk County police academy on July 28, the Commissioner was quoted in a Fox News report describing response from ORR as “encouraging.” - ORR is in the process of expanding its secure bed capacity. At present, ORR has 58 secure beds nationwide, in two juvenile justice facilities: one operated by a regional criminal justice consortium in Virginia, and the other operated by a county in California. Due to increased numbers of domestic apprehensions, particularly from DHS enforcement operations targeting gang members, as well as ORR’s new policies regarding initial designation to secure beds of all UAC with past or present gang affiliation, additional secure beds are required. ORR is in the process of obtaining additional secure beds by a new contract mechanism. Exhibit 72 Page 457 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 16 of 198 Page ID #:15416 Exhibit 73 Exhibit 73 Page 458 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 17 of 198 Page ID #:15417 EXHIBIT 1 Case 5:17-cv-00097-EKD-JCH Document 34-1 Filed 02/28/18 Page 1 of 6 Pageid#: 238 Exhibit 73 Page 459 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 18 of 198 Page ID #:15418 DECLARATION OF JOHN DOE 1 I, John Doe 1, declare and state the following: 1. I am 17 years old. I was born in Tamaulipas, Mexico. 2. I came to the United States right after I turned 15. I believe it was in August. 3. J was taken into custody by immigration authorities as soon as I crossed the border. I was sent to BCFS in San Antonio, Texas, and I stayed there for a few months until I was transferred to Mercy First, a treatment center in New York, for psychological issues. 4. After a short time in New York, I was transferred to NOV A, a staff secure facility in Virginia. Then I was sent to Shenandoah. 5. I was detained at Shenandoah for over a year and a half, from April 2016 to December 2017. 6. I have been diagnosed with depression and other disorders, and I take medications for them. I think they increased the dosage of my depression medication when I came to Shenandoah. At first it made my symptoms worse, and I didn ' t feel like getting out of bed or doing anything, but then I got used to it. 7. For most of my time at Shenandoah, I was placed in Alpha Pod. It is for kids who have misbehaved. 8. We would get points awarded for good behavior and points taken away for bad behavior. If you had all of your points at the end of the week, you could buy things like toothpaste and soap. I regularly got points taken away for things like not wanting to work on the mural in art class, complaining about a headache, or thrnwing a ball that hit the ceiling in the gym. 9. At Shenandoah, my room had a mattress, a sink, and a toilet. There is no wall or divider Case 5:17-cv-00097-EKD-JCH Document 34-1 Filed 02/28/18 Page 2 of 6 Pageid#: 239 Exhibit 73 Page 460 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 19 of 198 Page ID #:15419 in the room, and the staff could see into the rooms through a window in the door. The kids would sometimes put a piece of paper over this window so people couldn ' t see them using the toilet, but the staff would remove it. One time a staff member stood at my doorway and watched me use the bathroom. 10. While I was at Shenandoah, staff members would make fun of me on a daily basis. They would call me names such as "pendejo" and "onion head," and do things like drop my clean towel on the dirty floor in front of me. They were always trying to provoke me. 11. I once becan1e so frustrated by a staff member's repeated mocking that I pushed the staff member. In response, four staff members shoved me to the floor and piled on top of me, and they began hitting me in my abdomen with their elbows. I had a lot bruises from this. 12. There are American and Latino kids at Shenandoah. The Latino kids are treated differently than the American kids. 13. Staff frequently refused to allow us to watch Spanish shows on the TV in our pods. They would tell us they didn ' t care what we wanted and didn't care that we were Latino. 14. On one occasion, I got into a fight with one of the American kids after he had taunted me and told me that he " hates Latinos' . When staff broke up the fight, I was grabbed and thrown forcefully to the ground, but the other kid was just held by the arms and pulled away. I was then restrained, tied to a chair, and hit several times by staff members while I was tied to the chair. I was left tied to the chair in my room for four hours. 15. They tied me to a chair about five times while I was at Shenandoah. My hands, legs and chest were tied to the chair. On some occasions they put something over my head. It had small holes that I could see out of, but only a little. 16. I was assaulted by Shenandoah staff on many occasions while I was detained there, and 2 Case 5:17-cv-00097-EKD-JCH Document 34-1 Filed 02/28/18 Page 3 of 6 Pageid#: 240 Exhibit 73 Page 461 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 20 of 198 Page ID #:15420 several times while I was tied to a chair. On one occasion, I was hit in the face and scratched by a staff member whi le I was restrained. I developed a black eye and bruising from this. 17. On another occasion, I asked to come inside during gym because I had a headache. Staff suspected for no apparent reason, that I may have found a piece of glass outside. I was thrown to the ground and searched, and my clothes were slu·edded. Though they found nothing, staff transfened me to Alpha Pod after this incident. 18. I saw other kids being hit by staff too. I once tried to defend another kid when a staff member was hitting him. As a result, the other kid and I were both stabbed by the staff member with a pen. 19. Another time, a staff member entered my room when I didn't want him to and provoked a fight. The staff member hit me, and I bit the staff member. Thereafter, the staff member beat me, leaving me with bruises on my neck and arms. A supervisor took photographs of my injuries. I have asked for these photos repeatedly, but staff members have never given them to me. 20. After this incident, I was placed in cha-chas (handcuffs) . I was forced to wear handcuffs on my wrists and shackles on my feet for approximately 10 days in a row. During this time, the handcuffs were only removed when I was sleeping or eating alone in my room. 21. The handcuffs are very tight, and they often left bruises and cuts on my wrists after they were taken off. I complained about this and showed my injuries to the staff, but they took no action. 22. At Shenandoah, I was also placed on restriction a lot. This happened whenever kids would act out or hit the staff, or if they hurt themselves. When you are restricted, you ar·e largely 3 Case 5:17-cv-00097-EKD-JCH Document 34-1 Filed 02/28/18 Page 4 of 6 Pageid#: 241 Exhibit 73 Page 462 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 21 of 198 Page ID #:15421 in your room and you can't leave. When you are outside yom room, staff place you in handcuffs. I have been restricted in my room for several days at a time. I was only allowed to leave my room for classes. 23 . Soon after I arrived at Shenandoah, I began to hurt myself. I would cut my wrists with a piece of glass or plastic whatever I could find. I would sometimes bang my head against the wall or the floor because I was angry and sad. 24. Staff members saw the scars on my wrists and knew I was hurting myself. They told me they didn ' t care. Sometimes I would lose points or be placed on restriction for hurting myself. 25. One time I cut myself after 1 had gotten into a fight with staff. 1 filled the room with blood. This happened on a Friday, but it wasn't until Monday that they gave me a bandage or medicine for the pain. 26. I had never cut myself before I came to the United States. I learned this from other kids while I was detained. 27. On August 21, 2017, I tried to kill myself. I tied part of a curtain around my throat. Staff found me, and they responded by taking away all of my clothes and placing me on restriction for several days. 28. I was angry that I was at Shenandoah for so long, and I didn' t want to be there anymore. l would thrnw food down the toilet because I couldn't eat it. I would feel sick and dizzy. 29. I had the urge to cut myself frequently, and expressed a desire to kill myself. 30. In December 2017, I was transferred back to NOVA. It's better here. I don't know how long I will be here or whether I will be transferred back to Shenandoah. 4 Case 5:17-cv-00097-EKD-JCH Document 34-1 Filed 02/28/18 Page 5 of 6 Pageid#: 242 Exhibit 73 Page 463 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 22 of 198 Page ID #:15422 31. This statement has been prepared in English but it bas been read to me in Spanish by a bilingual interpreter. 32. I declare, under penalty of perjury, that all the information I have provided here is true and con-ect to the best of my knowledge, and I am aware of the legal consequences of making a false declaration. Executed this 17th day of January, 2018, in Alexandria, Virginia John Doe 1 5 Case 5:17-cv-00097-EKD-JCH Document 34-1 Filed 02/28/18 Page 6 of 6 Pageid#: 243 Exhibit 73 Page 464 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 23 of 198 Page ID #:15423 Exhibit 74 Exhibit 74 Page 465 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 24 of 198 Page ID #:15424 EXHIBIT 2 Case 5:17-cv-00097-EKD-JCH Document 34-2 Filed 02/28/18 Page 1 of 6 Pageid#: 244 Exhibit 74 Page 466 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 25 of 198 Page ID #:15425 DECLARATION OF I, 1 Date: Fri, 23 Mar 2018 22:24:46 +0000 To: "crholguin@centerforhumanrights.org" , Paola Midence , "kchapman@catholiccharities.org" , "Alsterberg, Cara E. (CIV)" , "Silvis, William (CIV)" , "Murley, Nicole (CIV)" CC: Leecia Welch , Crystal Adams , Neha Desai , Poonam Juneja , "Holly S Cooper" , Schey Peter Carlos: This email responds to your March 12, 2018 letter. Your letter requests that "HHS, through its contractor, the Vera Institute of Justice, and its subcontractor, the St. Frances Cabrini Center for Immigrant Legal Assistance, provide [five UACs] legal representation in the legal matters enumerated above." As an initial matter, your request appears to be based on your assertions regarding the requirements of the TVPRA. Any alleged compliance or non-compliance by Defendants with the TVPRA, enacted in 2009, is not relevant to the requirements of the Flores Settlement Agreement, and thus is outside the scope of your representation of class members in the Flores case. Moreover, Defendants dispute that the provisions of the Flores Settlement Agreement and the TVPRA cited by you in your letter require that ORR provide representation in the manner requested in your letter. Best, Sarah Sarah B. Fabian Senior Litigation Counsel Office of Immigration Litigation - District Court Section (202) 532-4824 From: Carlos Holguin [mailto:crholguin@centerforhumanrights.org] Sent: Monday, March 12, 2018 3:28 PM To: Paola Midence ; kchapman@catholiccharities.org; Fabian, Sarah B (CIV) ; Alsterberg, Cara E. (CIV) ; Silvis, William (CIV) Cc: Leecia Welch ; Crystal Adams ; Neha Desai ; Poonam Juneja ; Holly S Cooper ; Schey Peter Subject: Correspondence re: lega l representation for Flores class members Please see attached. Thank you. 1 of2 4/9/1 8, 11:54 AM Exhibit 82 Page 593 Case 2:85-cv-04544-DMG-AGR RE: Correspondence re: legal representation for FloresDocument class m ... 409-5 Filed 04/16/18 Page 152 of 198 Page ID #:15552 Carlos Holguin General Counsel Center for Human Rights & Constitutional Law 256 S. Occidental Blvd. Los Angeles, California 90057 213.388-8693 x.309 (v) 213.386.9484 (fax) http://www.centerforhumanrights.org 2of2 4/9/18, 11:54 AM Exhibit 82 Page 594 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 153 of 198 Page ID #:15553 Exhibit 85 Exhibit 85 Page 607 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 154 of 198 Page ID #:15554 Exhibit 85 Page 608 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 155 of 198 Page ID #:15555 Exhibit 85 Page 609 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 156 of 198 Page ID #:15556 Exhibit 85 Page 610 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 157 of 198 Page ID #:15557 Exhibit 85 Page 611 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 158 of 198 Page ID #:15558 Exhibit 85 Page 612 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 159 of 198 Page ID #:15559 Exhibit 85 Page 613 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 160 of 198 Page ID #:15560 Exhibit 85 Page 614 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 161 of 198 Page ID #:15561 Exhibit 85 Page 615 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 162 of 198 Page ID #:15562 Exhibit 85 Page 616 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 163 of 198 Page ID #:15563 Exhibit 85 Page 617 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 164 of 198 Page ID #:15564 Exhibit 85 Page 618 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 165 of 198 Page ID #:15565 Exhibit 86 Exhibit 86 Page 619 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 166 of 198 Page ID #:15566 Exhibit 86 Page 620 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 167 of 198 Page ID #:15567 Exhibit 86 Page 621 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 168 of 198 Page ID #:15568 Exhibit 86 Page 622 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 169 of 198 Page ID #:15569 Exhibit 86 Page 623 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 170 of 198 Page ID #:15570 Exhibit 86 Page 624 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 171 of 198 Page ID #:15571 Exhibit 86 Page 625 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 172 of 198 Page ID #:15572 Exhibit 86 Page 626 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 173 of 198 Page ID #:15573 Exhibit 86 Page 627 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 174 of 198 Page ID #:15574 Ex A1 Exhibit 86 Page 628 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 175 of 198 Page ID #:15575 Exhibit 86 Page 629 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 176 of 198 Page ID #:15576 Exhibit 86 Page 630 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 177 of 198 Page ID #:15577 Exhibit 86 Page 631 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 178 of 198 Page ID #:15578 ExA2 Exhibit 86 Page 632 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 179 of 198 Page ID #:15579 October 2, 2013 The Childrens Village 1 Echo Hills Road Dobbs Ferry, NY 10522 Re: Pre 18 Release Plan Sandra Igihozo, A# 205-710-232 Dear Ms. Valdez, Ms. Claudio, and Ms. Roman, My name is Gretchen Begley and I am a Case Manager at the Peter Cicchino Youth Project (“PCYP”) of the Urban Justice Center. PCYP addresses the legal needs of homeless and street involved youth. I work with the Urban Justice Center’s legal team as a social service provider to help released children transition into the community and towards independence. In order to facilitate this transition, I create and carry out individualized social service and education plans. This plan is submitted in support of Sandra’s pre-18 release from Children’s Village.1 As you know, Sandra is pregnant and has no long-term federal care options which means that she is in grave danger of being discharged into homelessness on her 18th birthday and in her thirdtrimester of pregnancy. Our primary concern, which I know you share, is that Sandra and her child have access to the best long-term care available so that they both have a change at a safe and supported life. Given this, the best long-term option for Sandra is for her to get into State Foster Care, which requires her release from Children’s Village before her 18th birthday. Additionally, given that Sandra’s life will undoubtedly get more difficult as her pregnancy advances, a release as soon as possible is in her best interest. The plan detailed below considers Sandra’s: A) future housing, B) education, C) medical care and mental health, D) immigration case, E) need for identification, and F) extracurricular enrichment opportunities. Each component of this plan has been identified based upon my recent conversations with Sandra, her attorney Megan Stuart, and my experience working with numerous unaccompanied youth in New York City. This plan has been discussed with Sandra and he has agreed to participate. I have done my best to incorporate information regarding the programs and social service agencies I have identified for Sandra in order to provide context for the services available to unaccompanied children generally in the New York City area. My proposed Plan for Sandra is as follows: 1 Although it is certainly in Sandra’s best interest to transition to foster care upon release from the Children’s Village, I have been working concurrently on a pre/post18 plan for Sandra, so that, in the event Sandra does not transfer to Foster Care, his transition to the community is as smooth as possible. ExB Exhibit 86 Page 633 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 180 of 198 Page ID #:15580 A. Housing: Independent housing opportunities for youth like Sandra in New York City, are funded by the New York Department of Youth and Community Development (“DYCD”). Generally, DYCD housing services include three separate elements: 1) Crisis Shelters, 2) Transitional Independent Living, and 3) Borough-Based Drop-in Centers. 1. Crisis Shelters: Crisis Shelters offer emergency shelter for runaway and homeless youth up to the age of 21.2 The shelters are the entry-point for the DYCD’s Runaway and Homeless Youth system. These voluntary, short-term residential programs provide emergency shelter and crisis intervention services aimed at reuniting youth with their families or, if family reunification is not possible, arranging appropriate transitional and long-term placements. In other words, in order for a youth to enter a transitional and long-term housing placement in New York, he or she must first begin in a DYCD “Crisis Shelter”, who have the ability to make a referral. There are three Crisis Shelters in New York City that Sandra is eligible for: Streetworks and the Covenant House. Both programs are tasked with ensuring a youth’s transition to longterm placement when other reunification options or placements do not exist. In order to ensure children transition to permanency as quickly as possible, DYCD limits the length of stay for a child in a Crisis Shelter to 30 days, with the possibility of a 30 day extension. Both Streetworks and Covenant House accept children on a first-come first serve basis, however, their intake procedures are different as follows: a. Streetworks (209 W. 125th. St., New York, NY 10027, Phone: 212.695.2220) i. I have contacted Streetworks about Sandra, and they have agreed to accept her into their crisis shelter. Letter from Streetworks, attached. ii. Generally, youth seeking acceptance into the Streetworks program must complete two intake interviews. The youth must come to the shelter from 10am-12pm on Monday, Tuesday, Thursday, or Friday. Streetworks only takes the first four youth who arrive on any given day for intake. It is best to arrive 15 minutes prior to the opening time. If Streetworks has a bed available once a youth completes the intake process, the youth is placed immediately. If however a bed is not available, youth are placed on the waitlist. A youth placed on the waitlist must call Streetworks daily in order to determine if and when a bed is available. b. Covenant House (460 W 41st St, New York, NY 10026) i. Covenant House will conduct an intake of a youth at any time, day or night. Youth will be placed immediately, if a bed is available. If a bed is not available, youth are referred to adult crisis shelters. Due to Urban 2 Please note that the term “homeless and runaway” youth is broadly defined by the McKinney-Vento Act as a youth who has a primary nighttime residence a publicly or privately operated program, including transitional housing. The definition of homeless, as defined by the federal statute, is so broad that it deems children who are in ORR facilities “homeless” as well as children who are in independent living placements that provide housing to youth for years. Exhibit 86 Page 634 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 181 of 198 Page ID #:15581 Justice Center’s long-standing relationship with the Covenant House, we frequently communicate directly with Covenant House Legal Director Nancy Downing when a client of ours is expected to arrive for intake. 3 We have already communicated with Nancy Downing about Client’s case, and she is prepared to coordinate Client’s placement at the Covenant House if and when necessary. c. Ali Forney Center (“AFC”) (321 W 125th St New York, NY) i. AFC offers a scattered-site emergency housing program for LGBTQ youth with sites in Queens and Brooklyn. They offer temporary housing in safe, staff-supervised homelike apartments. LGBTQ youths are able to reside in our emergency housing program for up to six months while we assist them in moving on to more permanent housing. Currently AFC has 4 emergency housing apartments and a total of 49 beds. Both the Covenant House and Streetworks provide the following services to their residents:           Crisis Center Community Centers Street Outreach Transitional Housing Program Health Services Mental Health Services Mother & Child Programs Regional Training Centers Substance Abuse Services Vocational Training Institute 2. Transitional Independent Living: Transitional Independent Living (TIL) facilities provide homeless youth between the ages of 16 and 21 with support and shelter as they work to establish an independent life. As mentioned above, a young person in need of long-term residential services must first visit a Crisis Shelter and obtain a referral to a Transitional Independent Living facilities. Youth may stay in the Transitional Independent Living facilities for up to 18 months. Services offered at TILs include:      Educational programs Vocational training Job placement assistance Counseling Basic life skills training a. There are three long-term programs specifically designed for pregnant and parenting teens, however to be eligible for the program a youth needs to be referred from one of the Crisis Centers. 3 See http://www.covenanthouse.org/homeless-charity/new-york Exhibit 86 Page 635 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 182 of 198 Page ID #:15582 i. ii. iii. Independence Inn mother-child program; Covenant House mother-child program Inwood house 3. Borough-Based Drop-in Centers: Drop-In Centers are located in each of the five boroughs of New York City, one per borough. The Drop-In Centers provide youth up to the age of 24 and their families with essentials like food, clothing and immediate shelter as well as access to counseling, support, and referrals to relevant services. Drop-In Centers are open 6 days a week. Drop-In Centers frequently have close connections to TIL programs, and in limited circumstances, may be able to conduct an intake for possible placement at a partner TIL. B. Education: We would like to enroll Sandra into a traditional high school. We think she would succeed in a traditional educational environment because she is fluent in English and completed all but one month of high school in Rwanda. New York Law guarantees Sandra the right to an education and once she is released, we will take her the local enrollment center so that she can be immediately placed into a high school. C. Medical Care and Mental Health: Upon release, we will enroll Sandra into Child’s Health Plus, New York Sate’s low-income insurance plan for youth. Unlike traditional Medicaid, undocumented immigrants are eligible for insurance until they turn 19. We imagine that by the time Sandra is 19, she will have immigration status, thereby becoming eligible for Medicaid. D. Immigration Case: Sandra and her attorney, Megan Stuart, will continue to work together on her immigration applications. Sandra is eligible for the following forms of relief, which she and Megan will peruse. I will escort Sandra to all immigration court appearances, the next of which is on October 17th at 1pm. i. Asylum a. Sandra is prima facie eligible for asylum because she was persecuted in Rwanda because of her sexual orientation. Sandra is working with Megan to develop her asylum application, which will be submitted before Sandra turns 18. Because an asylum application requires Sandra to re-live an extremely traumatic period in her life, it requires several meetings between Sandra and Megan. ii. SIJS a. Sandra is also prima facie eligible for SIJS. Upon release, Sandra and Megan will petition the appropriate family court for a special findings order that they can then submit to USCIS. iii. U-Visa/T-Visa Exhibit 86 Page 636 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 183 of 198 Page ID #:15583 a. Sadly, Sandra is also eligible for a U and/or T visa based upon the sexual assault from her relative who was entrusted with her care. Sandra and obtain the necessary certifications either by reporting the crime to law enforcement locally, or thu the family court. This process will be started in the next few weeks. Once the requisite certificates are obtained, Sandra and Megan will meet to write a supporting affidavit and then submit the application ASAP. E. Identification: We want to ensure Sandra has all needed identification. Youth under the age of 18 are able to obtain free picture identification at New York Parks and Recreation. These identifications include membership to all Park and Recreation centers in NYC, and are only free for youth under 18 years of age. Upon release, we will escort Sandra to obtain this ID. We believe the New York Parks and Recreation I.D. qualifies as a government issued I.D. because it is issued by NYC. A Parks and Recreation center is located near our offices at 80 Catherine Street. Sandra need only bring a birth certificate to become a member and obtain an I.D. F. Extracurricular Activities: In order to ensure Sandra is has access to extracurricular programming and additional supportive services, after her release we will assist Sandra in becoming a member of the Door and Ali Forney Center. The Ali Forney Center is a drop-in space for LGBTQ youth who provides a variety of social services as well as a place for LGBTQQ youth to congregate and socialize. The Door a comprehensive youth empowerment organization.4 The Door provides a wide range of services to meet the needs of New York City youth aged 12-21, including, but not limited to: College Advisement & Tutoring The Talent Search program provides the support and guidance you need to make your way to high school graduation, college and beyond. Counseling Counselors are here to listen and help with a range of issues, including anger management, crisis intervention, gender identity, and much more. Creative Arts Regularly scheduled, free creative arts classes include a range of performing and visual arts, music and dance. English Language (ESOL) The Door offers a flexible schedule of classes for young people who would like to learn English. Foster Care If you are in foster care, The Door can provide the additional support you may need to reach your goals. 4 See http://www.door.org/about-door Exhibit 86 Page 637 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 184 of 198 Page ID #:15584 GED The Door offers a variety of programs to help you get your GED and move on to a career, college or a vocational/training program. Health & Dental Services The Adolescent Health Center (AHC) offers comprehensive health and dental services to all Door members, regardless of ability to pay. Jobs & Internships Jobs & Internships programs give you the chance to explore different career paths and gain skills to help you find the right job and keep it. Leadership The Door offers a range of opportunities to learn key leadership skills that will help you in school, work and everyday life. Legal & Immigration Services The Legal Services Center provides different kinds of legal counsel, including support for immigrant youth. Services are offered in English, Spanish, Mandarin and French. LGBTQ The Door provides a range of programs geared towards Lesbian, Gay, Bisexual, Transgender or Questioning (LGBTQ) members. Recreation Games, workshops, and fitness and performance opportunities are offered on a daily basis. Runaway and Homeless Youth If you are homeless or have run away from home, The Door can help you find essentials like food, clothing and shelter, as well as help with your specific needs. Sexual Health & Birth Control The Adolescent Health Center (AHC) offers a comprehensive list of services to meet your sexual health and birth control needs. Supportive Housing In December of 2010, in partnership with Common Ground, The Door opened The Lee, a supportive housing building located on the Lower East Side. The Lee currently houses 55 young people living in their own apartments, often for the first time. In sum, Sandra is quickly approaching her 18th birthday and we would like to do as much as possible to ensure that she is best situated for her transition to independent living in the community should he not have access to foster care. This requires that Sandra attend numerous appointments and we truly appreciate your help in transporting Client so that he can have the best chance possible upon release from the Children’s Village. Exhibit 86 Page 638 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 185 of 198 Page ID #:15585 I look forward to working with you. Thank you for your assistance. Sincerely, Gretchen Begley, MSW Case Manager Exhibit 86 Page 639 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 186 of 198 Page ID #:15586 ExC Exhibit 86 Page 640 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 187 of 198 Page ID #:15587 Exhibit 86 Page 641 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 188 of 198 Page ID #:15588 Exhibit 86 Page 642 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 189 of 198 Page ID #:15589 Exhibit 86 Page 643 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 190 of 198 Page ID #:15590 Exhibit 86 Page 644 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 191 of 198 Page ID #:15591 ExD Exhibit 86 Page 645 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 192 of 198 Page ID #:15592 Exhibit 86 Page 646 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 193 of 198 Page ID #:15593 Exhibit 87 Exhibit 87 Page 647 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 194 of 198 Page ID #:15594 DECLARATION OF CARLOS HOLGUIN I, Carlos Holguín, declare and say as follows: 1. I am one of two attorneys who currently serve as class counsel for Plaintiffs in Flores v. Sessions. I execute this declaration in support of plaintiffs’ motion to compel the Office of Refugee Resettlement of the U.S. Department of Health and Human Services to comply with the Flores settlement. 2. Pursuant to ¶¶ 28 and 29 of the Flores settlement, ORR provides class counsel with monthly statistical reports on class members in its custody. 3. ORR’s reports indicate that it currently houses class members in three juvenile jails: Yolo County Juvenile Hall in California, and Shenandoah Valley Juvenile Center (“SVJC”) and Northern Virginia Juvenile Detention Center (“NoVA”) in Virginia. 4. The statistical reports identify class members released to custodians from the various facilities in which ORR detains class members. From my review of these reports, it appears that at any given time ORR detains about 40 class members in residential treatment centers (“RTC”), about 50 class members in juvenile halls, and about 115 in staff-secure facilities. /// Exhibit 87 Page 648 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 195 of 198 Page ID #:15595 5. ORR’s data do not include the average length of stay for youth housed in the different types of facilities. However, ORR’s statistical report for December 2017, indicates it released one class member to a custodian from Shenandoah Valley Juvenile Center, one to a custodian from Yolo Juvenile Hall, and none to a custodian from Northern Virginia Juvenile Detention Center. According to its December 2017 statistical report, ORR released one class member to a custodian from MercyFirst RTC, and one to a custodian from Shiloh RTC. I declare under penalty of perjury that the foregoing is true and correct. Executed this 11th day of April, 2018, at Santa Clarita, California. _____________________________ Carlos Holguin /// Exhibit 87 Page 649 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 196 of 198 Page ID #:15596 Exhibit 89 Exhibit 89 Page 653 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 197 of 198 Page ID #:15597 1 I, CARTER WHITE, declare as follows: 2 This declaration is based on my personal knowledge. If called to testify in this 3 1. 4 case, I would testify competently about these facts. 5 2. 6 School of Law. 7 3. I am the Director of the Civil Rights Clinic at the University of California Davis On November 20 and 21, 2017, I visited Shiloh Treatment Center as part of a visit 8 to the facility by Flores counsel pursuant to ,r32 of the Flores Settlement Agreement . 9 4. Attached to this declaration is a true and correct copy of the Shiloh Treatment 10 Center Consent to Medical Care Form that Shiloh staff gave us during that visit . 11 5. During that visit, we met with several Shiloh staff members. They informed us 12 that, for children in ORR custody, these Shiloh Treatment Center Consent to Medical 13 Care Forms are signed by Shiloh staff members as the "Parent , Guardian, or 14 Conservator," and are not signed by the child's parent, family member, or potential 15 sponsor. 16 6. Under my supervision, UC Davis students have reviewed the files of a significant 17 number of children in ORR custody. To my knowledge, none of the students have ever 18 found a medical consent form in the file of a child in ORR custody that was signed by the 19 child's parent, family member, or potential sponsor. 20 21 I declare under penalty of perjury that the foregoing is true and correct. Executed on this 22 _jj_1ka_y of April, 2018, at t/Gc£ 1v/\7'-A , California. 23 24 25 CARTER WHITE 26 27 28 1 Exhibit 89 Page 654 Case 2:85-cv-04544-DMG-AGR Document 409-5 Filed 04/16/18 Page 198 of 198 Page ID #:15598 Office of Refugee Resettlement Shiloh Treatment Center, Inc. Admission Packet Affidavit Authorizing Consent to Medical Care Consent to Administer Prescription Medications Consent to Administer Non-prescription (OTC) Medications State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared --------------Parent, Guardian, or Conservator Name I am of , who after being duly sworn by me, on his/her oath did say and I am the --------------Parent, Guardian, or Conservator Name Relationshipto Client -C-li-en-t-Na_m_e __________ , who is in the care of Shiloh Treatment Center. _ If at any time such child or ward of mine should require medical or related care while in the care of Shiloh Treatment Center (Shiloh), I consent to the administration of necessary medical or related care, including any appropriate medications, and authorize any approved representative of Shiloh to give consent to any doctor, emergency medical service, hospital, or other medical facility to provide medical or related care to such child or ward. I further give my permission for Shiloh to administer such medications that may be prescribed or recommended by medical personnel treating my child or ward. I understand that I will be notified about medical care and the prescription of medication. Signature of Parent, Guardian, or Conservator SWORN TO AN SUBSCRIBED before me, the day of ---------- ,20 Signature of Notary Public Printed Name of Notary Public Notary Public for: Rev. 09/10 ---------------County 1-1 File in Master Chart Exhibit 89 Page 655