Psychotherapist Kenneth Koym – Approved MFT Supervisor, State Bar MCLE & TEA School Board CE Trainer

9704 Monarch Lane, Austin TX 78724-5840
http://amiu.edu, http://dialoguemakers.org, Tel: (512).215-4798
Email:
koym@dialoguemakers.org

March 19, 2007

Hon. Bennie G. Thompson, Chair
Committee on Homeland Security
Border, Maritime & Global Counterterrorism Subcommittee T 202.226.2616
F 202.226.4499
U.S. House of Representatives
Committee on Homeland Security
Washington, D.C. 20515

Re: Inquiry for investigating use of torture/wrongful deportations in private prison/Detention Centers

Dear Mr. Thompson:

It's urgent that this Committee investigate the exigent depressive human rights violations, lack of emergency medical care or legal counsel, use of torture and minimal education in languages native to detainees often minors, parents and grandparents held in make-shift immigrant detention centers like T. Don Hutto Jail Residential Center, Taylor TX; Raymondville TX Immigrant Detention Center; San Diego TX Corrections Center; or for unaccompanied detainees at the International Emergency Shelter (I.E.S.) Los Fresnos TX; and other centers noted herein.

Through insensitivities deprivations, taunting, torture and other abuses in Haskell’s Rolling Plains Detention Center and other private prisons, unconscionable acts occur. I and my friends demand instant cross-the-board inquiries of fat cow operations. Emerald Correctional Management Corporation runs the Rolling Plains Regional Jail & Detention Center for Homeland Security and the Immigration and Customs Enforcement (ICE). Governor Perry accepted a CCA $10,000 private prison contribution in 2006. Is that why ECMC leased the Jail in Perry's hometown? North Lake Community Suzi Hazahza College honor grads/refugees Suzi Hazahza (see photo) Mirvat (who worked as a north Texas local insurance agent) after fleeing Jordan are jailed there. Suzi is clinically depressed with unattended medical needs; they arose being taunted, harassed, paraded and violated by guards between November 06 and today. Why did ICE staffers do full-body cavity checks on her? Considering Suzi, a Jordanian refugee intended to marry Fiancée Reza (a US citizen), a Dallas Federal Court Writ failed to free her per 8 USC Sec 1209 (an 1809 law of this Body) though she's a refugee from Jordan which won't receive her back. Media and Vigil leaders seeking relief for college honors refugees denied medical attention not given by J. T. Chambers MD Emerald Company Corp medical director of Scott, Louisiana or a competent Haskell Jail Registered Nurse (RN).

As Congress's Homeland Security Committee, some who praise jobs brought to towns in rural America you know they detain refugees and young persons (granted immigrant rights in 1808). They’re right beside hard core criminals in gulag conditions. Such humans are kept in cells, prison garb, and behind razor wire walls, for profit by private prison company personnel. That is a shame. More shameful, I watched my then Congressman Lamar Smith initiate heinous provisions in INS Reform Act – a product of his Sub Committee1. He rolled back centuries of precedence, contrary to Franklin D. Roosevelt reminder: "Remember, remember always, that all of us, and you and I especially, are descended from immigrants. . .” Eye sores like these bring despair to hearts and minds of citizens aware of aliens and refugees not solely family, friends and coworkers. Prejudicial gaffs by any who promulgate police state activities afforded by for-profit prison management companies that are allowed to keep humans must reexamine the costs that such insensitivity brings; and legislation is needed to overcome such pig faced audacity.

However, I am afraid like many who use prejudice to get elected Federal Legislators and others have sat by as principled State & Federal laws, Texas Education Codes and Neeley, et al were set aside to get detention facilities up and running. I watched Smith seek election after election and gaff immigrants during his campaigns. Then I examined his Sub-Committee outputs as I wrote Children’s rights & deportations: A call for justice and despaired how he used anger and prejudice to make immigration illegal; and laying ground work for acts of law beating up on aliens wanting jobs to help family members survive back home, bringing a scourge on our Nation. I take responsibility for being quiet before and ask that the blemished image forced on us, be investigated so what was done, is rolled back considering the unconscionable premises found in ICE laws. Far too long hate groups and fascists have used prejudice to gain political points for being harsh. That must cease! Again I urge fat cow prisons in Texas and all across the USA must be closed and the multi-billion dollar building plan for more be stopped just like prejudice that caused lynching after lynching between 1810 - 1965. And fat cow contributions recipients must return them. Full lists are found at  Funds Donated To Support Politicians and other corrupt Contributions to Duly-elected Politicians.

While kids are detained unequal treatment exists contrary to Supreme Court ruling in Brown; conditions are not equal. It took vigils and activists in Taylor Texas T Don Hutto Residential Center to increase schooling from one hour to seven hours but this does not speak to fascism used to invent detentions and deprivations. Politicians wanting that best meet citizens face to face in town halls and in Congress to turn this around. T Don Hutto’s School director Jean Bellinger told me “We're doing our best here,” but what teachers cannot overcome is stench that’s blemished the US’s image. So the political process must be allowed to do necessary house cleaning. US Public Law 94-142 demands bilingual and other general and special student “inmates” needs must not be deprived. T. Don Hutto teachers do not understand, speak or use languages nor address special 94-142 demands found in this Residential Center. Correctional Corp of America (CCA) gets $2,810,000 monthly; but perpetration of a fascist Williamson County image around the world runs the costs far higher. [See Lutheran adoption services report: Immigrant Families in Detention, New York Times 2-7-07,  “Child Prisoners in Texas”; the BBCTexas Civil Rights Review etc. Though the CCA released pregnant Mrs. Ibraheim, mother of five and 7 months along via a writ of habeas corpus on grounds she could not receive proper Ob-Gyn care, the ACLU and UT Law School Immigration Clinic clinical professor Barbara Hines just filed 10 Federal Court petitions March 6, 2007 on behalf of kids detained there. Hines says “these students are depressed and considering the conditions they should be.” I do not agree with Congressman John Carter’s characterization that “the facility is providing a humane and safe alternative to the catch-and-release” policy. Considering I was married 42 years ago a few blocks from T Don Hutto Center, I can say “Rep. Carter’s District is depicted as a bed rock of fascism. Addressing such, Alabama Federal Court class action Bivens plea against ICE and Homeland Security who rounded up immigrants has been entered by the Southern Poverty Law Center on behalf of US citizens wrongly included in the round up by vicious government officers.

Last month, I asked Texas Education Commissioner Shirley Neeley EdD to adhere to ethical principles and not to violate 19 Texas Administrative Code (TAC) Part II, Federal Public Laws or Brown v. Board of Education, 347 U.S. 483 (1954). This demand includes High School Diploma and GED authority granted to Haskell’s Emerald Corrections Center coned by Immigration and Customs Enforcement (ICE) and Homeland Security administrators. The latter did their coning under a non-reviewable fourth branch of government contract and perhaps with help by esteemed Federal Legislative Districts of Texas. Not right. [See Flores v. Meese, 681 F Supp 665 (1988)2; Neeley v. West Orange Cove ISD et & Alvarado ISD v. Neeley et & Edgewood ISD v. Neeley et al, 107 SW3rd 558 (Tex Sup Crt No. 04-1144, 11-02-05); Bivens vs. Six Unknown Named Agents, 403 U.S. 388 (1971). As a psychotherapist and TEA approved school board member trainer, I see this fascist activity as an unconscionable threat to US security not vice versa. So, I move for a Congressional investigation (i.e., one witnessed by myself and other competent mental health professionals having direct knowledge of torture methods implemented at Guatanamo Bay, Abu Graib and other “secret” prisons, which followed rules written by General Miller per DOD Secretary Rumsfeld directions).A Congressional appointed commission must assure no torture methods is being used on persons in a Texas, Pennsylvania, Louisiana or other private detention centers or Homeland Security endorsed schools with detainees present; and, that commission should be empowered to prevent any inmates from being rushed to another private prison when Wardens surmise they will be reviewed by Congressional accountability investigators.

This general call is for hate groups and misguided fascists to stop their unconstitutional practices in accord with Morissette v. U.S., 246, 263 (1952) defining torture; 18 US Code 2340-2340A prohibiting harsh and inhumane acts against children, mothers, fathers or Grand Parents; Yick Wo v. Hopkins, 118 US 356, finding a State law or city ordinance that is fair on its face but “applied with a heavy hand or evil eye” and discriminated against a class making it unconstitutional; English Common law; Codes of Ethics for Judges, Attorneys; Psychologists; Marriage & Family Therapists; Mental Health Counselors; Teachers; Nurses; Medical Doctors; and School Board members; Powell v. Alabama, 287 US 435 (1932); Brown v. Board of Education, 347 U.S. 483 (1954) mandating equality in education; USA v. Abraham Jacob Alkhaba aka: Jake Baker, 1997 FED App. 0036P (6th Cir.) File Name: 97a0036p.06 No. 95-1797, (depriving freedom from detainees under 18 USC Sec. 875(c); minors shall not be seized from their from homes; prevented from wearing their own clothes; enjoined from playing with others at their own will and never be tortured, slapped or smirked at for having wanted to sit by their parents.
http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=6th/970036p.html.

Moreover, I come to you with two more private Texas prison debacles:

On Feb 26, 2007 I learned from the Warden, apprehensions in South Texas - Raymondville Tent Prison for Detainees had increased so rapidly it exceeded his ability to meet rudimentary necessities; but he expected in months with money from the US Congress, this could be overcome. As a licensed social justice advocate, I disagree and submit all for profit private prison should be shut down the instant they admit such truths.

Lastly, I am personally acquainted with a person victimized in a 2000 family violence in Ft Bend County and tell you about it because harmful administrative acts committed by private prisons operated as per government contracts, led to improper turmoil. A State District Judge sent the perpetrator to a private prison at a San Diego, Texas Unit. The Unit used incompetent methods to rehab the perpetrator who committed other victimizations. It also stopped family members or advocates for the 20-year old from being able to attend mediation sessions sought between the victim and perpetrator. I watched how private prisons under the guise of being a treatment facility and the inadequate perform rendered, all because of secretly invented procedure not found in publicly run institutions. When mediation settlement hearings were requested, sessions were denied; and, today the relatively minor conflict amounts to a protracted family wreckage which the Victim Violence Assistance program of Ft Bend County won't address.

There are equal difficulties in the last two private prisons as compared to the gulag atmosphere found in Taylor and Haskell. [See ACLU, Texas United for Families (TUFF) and UT Law Clinic filings and results. The 7-month pregnant Palestinian was released from the T Don Hutto Residential Center in mid February by Court Order. A newborn could have been jeopardized. This violation of human rights in the gulag is unbecoming. TEA School & Charter Board Member Trainers can't knowingly violate the Texas Education Administration Code regardless of administratively derived Homeland Security orders. They must follow constitutionally approved methods and tried and true Cardinal Principles of Education first laid down by Thomas Jefferson.

Keep me in the loop with regard to these Federal Inquiries on behalf of citizens of Texas and 28 countries represented at the Rolling Plains Regional Jail & Detention Center and T Don Hutto Residential Center where insufficient teachers speak the home tongues of the students forced to endure. On these subjects, kindly invite me to visit and let’s dialogue. I have written Mr. Lloyd Doggett my Congressman but my Texas birthrights force me to demand Town Hall meetings, Congressional investigations and corrective legislation regarding unconstitutional private prison contracts and practices. So, let us meet with consular officers and ambassadors of the countries represented so the rights of so many are respected in accord with international treaties and the model UN Children's Rights Charter.

Sincerely,

Kenneth Koym, Marriage & Family Therapist 2646, NPI 17706645426

Stare Decisi - Precedence

Morissette v. U.S., 246, 263 (1952) defining torture; Title 18 US Code 2340-2340A; Flores v. Meese, 681 F Supp 665 (1988) prohibiting harsh and inhumane acts against children, mothers, fathers or Grand Parents; Yick Wo v. Hopkins, 118 US 356, finding a State law or city ordinance that is fair on its face but “applied with a heavy hand or evil eye” and discriminated against a class making it unconstitutional; English Common case law; Codes of Ethics for: Attorneys; Psychologists; Marriage & Family Therapists; Mental Health Counselors; Teachers; Nurses; Medical Doctors; and School Board members; Powell v. Alabama, 287 US 435 (1932); Brown v. Board of Education, 347 U.S. 483 (1954) mandating equality in education; Cardinal principles of education first laid out by Thomas Jefferson; USA v. Abraham Jacob Alkhaba aka: Jake Baker, 1997 FED App. 0036P (6th Cir.) File Name: 97a0036p.06 No. 95-1797, (depriving freedom from detainees under Title 18 USC Sec. 875(c); minors shall not be taken from their from home or be prevented from wearing their own clothes; prohibited from being able to join with others at their own will or to play as children nor tortured; See http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=6th/970036p.html

1Following Smith's INS Reform Act, society got caught up in prejudices; 850 hate groups arose & ICE officers were caught wrongly rounding up US citizens.

2Flores pays Barrister and other fees for unaccompanied immigrant youth held in prison or correction facilities.

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