New York Times' One-sided Report on Deaths of I.C.E. Detainees

The New York Times has a story posted on its website that purports to expose current and past abuses by the Immigration and Customs Enforcement bureau (ICE) in covering up the deaths of detainees. ICE is one of the new agencies created by the consolidation of numerous federal agencies into the Department of Homeland Security after September 11th. Primarily composed of the old Immigration and Naturalization Service, ICE is divided into four sub-agencies, one of which, the Detention and Removal Office, is charged with administration of detention facilities (essentially jails) for high-risk individuals who are engaged in deportation proceedings. I disclose that I have a close friend employed by ICE in Washington although she is not mentioned in the story and I don't know what division of ICE she works for.

The Times story is based on documents and emails produced in response to FOIA requests by the ACLU (again, I have to disclose that I've probably given the ACLU small sums of money in the past in response to direct mail solicitation). The story does properly highlight several deaths of detainees which were improperly covered up. It also discloses efforts of high level administrators to avoid public scrutiny and stymie reporters' legitimate inquiries over such deaths. However, I believe the Times reporter (Nina Bernstein) has done a poor job of journalism in failing to inform the readers of the changes that have taken place within the I.C.E. office to address past abuses. The vast majority of abuses occurred during the previous Bush Administration [not really a surprise, right?] For instance, the reporter fails to note that on October 6th 2009 DHS Sec. Janet Napolitano and ICE Director John Morton issued a press release which announced the significant overhaul of detention policies including the formation of 2 independent detention policy review committees. Additionally, a brief perusal of the ICE website will disclose press releases regarding individual detainee deaths which are now routinely posted. The latest being the Nov. 23rd posting of a 72 year old Cuban man who had previously served a murder sentence and was awaiting deportation proceedings when he succumbed to cancer. Inflaming the readers to hyperventilation and hyperbole [see the Comments posted on the NYT website] without giving high level I.C.E. officials a chance to respond is improper journalism. {a portion of this post was previously submitted to the NYT's comments section of the story}