Author: mopress

By John Wheat Gibson
December 15, 2006

The children of the Ibrahim family, 3, 5, 12, and 14 have been in prison in Taylor, Texas in the “T. Don Hutto Residential Center,” since November 3, 2006,when their mother and father were arrested in a midnight raid on their home in Dallas by the Bureau of Immigration and Customs Enforcement. The three oldest children are enrolled in school, but have been unable to attend while in prison. The BICE took the 2-year-old daughter away from her mother and siblings, and placed her in a foster home.
A midnight raid by the BICE also landed a 17-year-old senior at Bowie High School, in Arlington, Texas in the prison, spoiling his senior year and destroying his hopes of graduation.

The children, imprisoned with their mothers, have never been accused of any wrongdoing. Neither have their mothers. All are Palestinian refugees who entered the U.S. legally, but have been denied asylum.

The Ibrahim children, Hamzeh, 14, Rodaina, 12, Maryam, 5, and Faten, 3, are the children of Salaheddin Ibrahim and Hanan Ahmad. Mr. Ibrahim is in the jail at Haskell, Texas.

Ayman Suleiman is imprisoned with his mother Asma Quddoura. His father Adel Suleiman is in the Garvin County Jail in Pauls Valley, Oklahoma.

Hanan Ahmad is a few weeks pregnant. Her children became hysterical when guards wrapped her in wrist and leg chains to take her to the hospital.

Their attorney, John Wheat Gibson, said, “There is no legitimate reason for the detention of the children, even though a Department of Homeland Stupidity press release accuses them of being ‘fugitives’ and ‘criminals.’ In fact, they are neither, and their parents always kept the Department informed of their current address.”

Gibson described the roundup of the families November 3 as “Chertoff’s publicity stunt.” He said the purpose was “to make it appear that 1) the Muslims among us are our enemies but 2) the DHS is protecting us, and therefore 3) we should not mind shredding the Constitution.”

The Suleiman and Ibrahim families had been ordered deported, but had never received the customary notice to report for deportation. If they had, Gibson said, they would have worked out through their attorneys arrangements with the government for the children to finish the school year and then to depart at their own expense.”

“Compare the treatment of the Colombian wife of Georga State Senator Curt B. Thompson last week,” Gibson said.

“She also was under a final order of deportation, but the DHS did not detain her, even though, unlike my clients, she had been hiding from them since November 28, according to Brenda Goodman, writing in the New York Times, December 6.”

While the four Ibrahim children and their mother are in prison in Taylor, the 2-year-old daughter is in foster care because she was born in the U.S. The DHS would not allow her to remain with her mother and siblings.

“Two months is a long time for a 2-year-old baby to be torn away from her mother–especially for no reason other than a cynical political publicity stunt,” Gibson said.

–30–

By Greg Moses

CounterPunch / DissidentVoice / UrukNet /

Indymedia Austin, North Texas, Houston /

Some of the children and a pregnant woman being held in an immigration jail in Texas are Palestinian refugees whose families came to the USA with visas, says a Dallas lawyer.

Immigration attorney John Wheat Gibson represents two families that include a pregnant woman and children ages 2, 3, 5, 12, 14, and 17. The families have been incarcerated since their midnight arrests in early November by Immigration and Customs Enforcement (ICE). “The children, imprisoned with their mothers, have never been accused of any wrongdoing. Neither have their mothers,” says Gibson. “All are Palestinian refugees who entered the U.S. legally, but have been denied asylum.”

The fathers were separated from their families, the two-year-old was placed into foster care, and the remaining women and children were sent to the privatized Hutto jail in Taylor, Texas. The education of the school-aged children has been interrupted.

In an affidavit supplied by Gibson, one of the fathers, Adel Said Suleiman, says that he was identified as a refugee by the United Nations before coming to the USA in 1995. He claims that his immigration status has been mishandled by others, but that he has never been accused of any crimes or wrongdoings.

Suleiman’s wife, Asma Quddoura, is in the Hutto jail with their son, Ayman, a 17-year-old senior at Arlington’s James Bowie High School. Attorney Gibson, who now represents Suleiman, says his client was not provided with due notice of a deportation order.

Suleiman, a diabetic, sits in a chilly cell at the Garvin County Jail, Oklahoma, where the stink from an overflowing toilet “is horrible.”

“There is another diabetic, here, too,” says the Suleiman affidavit. “The guards bring us evening medication late, after supper, although it should be taken with food. The food served here is dangerous to diabetics, because it is sweet. I asked them to leave the sugar out of my oatmeal, but they refused. I take medication in the morning and because I cannot take it with food my blood sugar is very low.”

The second father, Salaheddin Ibrahim, was also separated from his family, including his pregnant wife, Hanan Ahmad. Four of the Ibrahim children–Hamzeh, 14; Rodaina, 12; Maryam, 5; and Faten, 3–are incarcerated with their mother. A two-year-old daughter was placed in foster care. Ibrahim was sent to another Texas jail in Haskell.

At one point, says Gibson, Amad’s children “became hysterical when guards wrapped her in wrist and leg chains to take her to the hospital.”

“Compare the treatment of the Colombian wife of Georgia State Senator Curt B. Thompson last week,” Gibson said.

“She also was under a final order of deportation, but the DHS did not detain her, even though, unlike my clients, she had been hiding from them since November 28, according to Brenda Goodman, writing in the New York Times, December 6.”

The privatized Hutto jail was the focus of a walk and vigil last week by Texas activists protesting the incarceration of immigrants and their children.

“Innocent children should not be jailed and forced to live under traumatizing and dehumanizing conditions,” said a statement from vigil organizers, Texans United for Families. “It is bad policy and an impractical and inhumane response to a growing refugee crisis. The U.S. should seek alternatives to detention while making sure that it legislates policies that support families and keep them together and out of jail.”

Jay Johnson-Castro, a South Texas businessman who earned recognition for his walk protesting the planned border wall, also walked from the nearby Texas Capitol to join the vigil. In a follow-up email, Johnson-Castro encouraged more activism:

“Get access into these so called ‘detention centers’ which are little more than prison camps that exploit desperate people only to make obscene profits.”

The Hutto jail is named after T. Don Hutto, co-founder of Correctional Corporation of America (CCA), the jail’s corporate proprietor. In 2004, CCA announced that the jail would be closed for lack of occupancy, but the site was revived as a result of new immigration enforcement policies.

“Although the [Hutto jail] contract does not provide for a guaranteed occupancy,” said a December 2005 release from CCA, “the Company expects the facility to be substantially occupied before the end of the second quarter of 2006.” Activists say the jail detains 400 immigrants, half of them children.

“We believe this contract represents an important step in this ongoing initiative being undertaken by ICE,” stated John Ferguson, president and chief executive officer of CCA, shortly before Christmas last year.

The Suleiman affidavit is posted below, along with a press release from attorney Gibson.–gm

CCA Facilities Locations

“Only the second detention facility in the nation designed to house families, the center is part of a new push by U.S. immigration authorities to detain rather than release illegal immigrants awaiting deportation.
“The location is owned and run by Nashville-based Corrections Corporation of America, which, like other private prison operators, is bracing for an increase in business from measures to curb illegal immigration. The Hutto Center opened last week under a contract with the U.S. Immigration and Customs Enforcement agency, reversing last year’s decision by CCA to shut down the then-underutilized prison.

“We do expect there’ll be an increased need for detention beds,” said John Ferguson, chief executive with CCA, citing the spotlight on immigration including legislation being discussed in Congress.”
Prison operator competes for federal contracts to house detainees”

–By GETAHN WARD, Sunday, 05/21/06
archived at The Real Cost of Prisons Weblog

CCA was founded in 1983 by Nashville businessmen Thomas Beasley and Doctor Crants along with Don Hutto, who was then the president-elect of the American Correctional Association. In 1983, CCA was awarded the first private design, build and manage contract from the Immigration and Naturalization Service for 330 detainees in Houston, and the Houston Processing Center opened in early 1984.
–PR Newswire archive at ZoomInfo

Closure of T. Don Hutto Correctional Center

In a separate announcement, CCA has indicated its intent to cease operations at the CCA-owned and operated T. Don Hutto Correctional Center located in Taylor, Texas on May 14, 2004, due to low inmate population demands in the facility’s region. CCA expects to be able to transfer the majority of the approximate 60 federal offenders currently housed in the 480-bed facility to other CCA-operated facilities.

CCA does not expect the closing of this facility to have a material impact on its previously announced 2004 earnings per share guidance.
–from CCA news release, March 23, 2004

Corrections Corporation of America Announces Agreement with Immigration and Customs Enforcement for CCA Texas Facility

December 2, 2005

Corrections Corporation of America, the nation’s largest provider of corrections management services to government agencies, announced today that it has reached an agreement with United States Immigration and Customs Enforcement (ICE) to manage up to 600 detainees at CCA’s T. Don Hutto Correctional Center in Taylor, Texas.

CCA management expects to begin accepting ICE detainees on February 1, 2006. Although the contract does not provide for a guaranteed occupancy, the Company expects the facility to be substantially occupied before the end of the second quarter of 2006. The Company intends to provide guidance for 2006 in its fourth quarter earnings release and conference call expected to occur in February 2006.

“Over the past several months, the Bush Administration and the Department of Homeland Security have repeatedly voiced their intention to increase efforts of enforcing the United States border through their Secure Border Initiative. The Secure Border Initiative is a comprehensive multi-year plan to secure America’s borders and reduce illegal immigration. We believe this contract represents an important step in this ongoing initiative being undertaken by ICE,” stated John Ferguson, president and chief executive officer.

Ferguson continued, “CCA is gratified by the continued confidence that Immigration and Customs Enforcement has placed in its partnership with us. We remain prepared to accommodate the future needs of this long-standing CCA customer.”

1997 lease agreement for the Hutto detention center, posted as a “sample contract” at a continuing legal education website:
http://contracts.onecle.com/corrections/taylor.lease.1997.07.18.shtml

                                 LEASE AGREEMENT
                                    (TAYLOR)

         THIS LEASE AGREEMENT ("Lease") dated as of the 18th day of July, 1997,
by and between CCA PRISON REALTY TRUST, a Maryland real estate investment trust
("Landlord") and CORRECTIONS CORPORATION OF AMERICA, a Tennessee corporation
("Tenant").

                                    RECITALS

         WHEREAS, Tenant (or one of Tenant's affiliates) has concurrently
conveyed to Landlord the property described in Exhibit A hereto, and Landlord
and Tenant desire that Landlord lease such property back to Tenant; and

         WHEREAS, Landlord and Tenant have entered into a Master Agreement to
Lease of even date herewith (the "Master Agreement") which sets forth certain
agreements of the parties with respect to the lease of various properties
including the property that is the subject of this Lease;

         NOW, THEREFORE, in consideration of the premises and of their
respective agreements and undertakings herein, Landlord and Tenant agree as
follows:

                                    ARTICLE I
                                PREMISES AND TERM

         1.1 Leased Property.  Landlord hereby leases to Tenant and Tenant 
leases from Landlord the Land located in the City of Taylor, Williamson County,
State of Texas, described in Exhibit A hereto, and all Improvements, Fixtures,
and Personal Property thereon or thereto (each as defined in the Master
Agreement, and, together with said Land, the "Leased Property"); such Leased
Property collectively known and described at the date hereof as the T. Don Hutto
Correctional Center;

         SUBJECT, HOWEVER, to the lien of the mortgage debt described in Exhibit
B hereto, if any, and to all easements, liens, encumbrances, restrictions,
agreements, and other title matters existing as of the date hereof and listed in
Exhibit C hereto (collectively the "Permitted Exceptions").

         1.2 Term. The initial term (the "Fixed Term") of the Lease shall be for
a fixed term of twelve (12) years commencing on July 18, 1997 (the "Commencement
Date") and expiring on July 17, 2009 (the "Expiration Date"). The Term of this
Lease may be renewed on the mutual agreement of Landlord and Tenant as follows:
(i) provided that Tenant gives Landlord notice on or before the date which is
six (6) months prior to the Expiration Date, upon the mutual agreement of
Landlord and Tenant, the Lease shall be renewed for one (1) additional five (5)
year term (the "Extended Term") on the same terms and provisions (other than
with respect to renewal) as the Fixed Term, as set forth in the Lease; (ii)
provided that Tenant gives Landlord notice on or before the date which is six
(6) months prior to the expiration of the Extended Term, upon the mutual
agreement of Landlord and Tenant, the Lease shall be renewed for one (1)
additional five (5) year term (the "Second Extended Term") on the same terms and
provisions (other than with respect to renewal) as

             

   2


the Fixed Term, as set forth in the Lease; and (iii) provided that Tenant gives
Landlord notice on or before the date which is six (6) months prior to the
expiration of the Second Extended Term, upon the mutual agreement of Landlord
and Tenant, the Lease shall be renewed for one (1) additional five (5) year term
(the "Third Extended Term") on the same terms and provisions (other than with
respect to renewal) as the Fixed Term, as set forth in the Lease. Tenant's right
to so extend the Term of the Lease is conditioned on Landlord's prior approval
of the Extended Term, Second Extended Term, or Third Extended Term, as the case
may be. The term "Term" used in this Agreement means the Fixed Term, Extended
Term, Second Extended Term and Third Extended Term, as appropriate. The term
"Lease Year" means each twelve (1
2) month period during the Term commencing on
January 1 and ending on December 31, except the first Lease Year of each Lease
shall be the period from the Commencement Date through the following December
31, and the last Lease Year shall end on the date of termination of the Lease if
a day other than December 31. Landlord may terminate this Lease prior to the
expiration of the Term hereof, at any time following the date which is five (5)
years from the date hereof, upon written notice to Tenant not less than eighteen
(18) months prior to the effective date of such termination.

                                   ARTICLE II
                                      RENT

         2.1 Base Rent. Tenant shall pay Landlord Base Rent for the Term in
advance in consecutive monthly installments payable on the first day of each
month during the Term, the Extended Term, Second Extended Term and the Third
Extended Term, commencing on the Commencement Date, in accordance with the Base
Rent Schedule attached hereto as Exhibit D. If the Commencement Date or the
Expiration Date shall be other than on the first day of a calendar month, the
initial (or final, as appropriate) monthly installment of Base Rent payable
pursuant to the Lease shall be prorated for the number of days until, in the
case of the initial monthly installment, the first day of the calendar month
following the Commencement Date and, in the case of the final monthly
installment, the Expiration Date.

         2.2 Additional Rent.  The Base Rent shall be subject to such increases
over the Term as determined pursuant to Section 2.02 of the Master Agreement.

         2.3 Other Additional Rent.  Tenant shall also pay all Other Additional 
Rent with respect to the Leased Property, as set forth in the Master Agreement.

                                   ARTICLE III
                           OTHER TERMS AND CONDITIONS

         3.1 Master Agreement Incorporated Herein. All provisions of the Master
Agreement (except any provisions expressly therein not to be a part of an
individual lease of leased property) are hereby incorporated in and are a part
of this Lease of the Leased Property.

                                        2


   3



         3.2 Recordation. At the request of Landlord or Tenant, a short form
memorandum of this Lease may be recorded in the real estate records of any
county which Landlord or Tenant deems appropriate in order to provide legal
notice of the existence hereof.

         IN WITNESS WHEREOF, the Landlord and the Tenant have executed this
Lease or caused the same to be executed by their respective duly authorized
officers as of the date first set forth above.

                                              CCA PRISON REALTY TRUST

                                              By: /s/ Michael W. Devlin
                                                 -------------------------------
                                              Title: Chief Development Officer
                                                    ----------------------------
                                              CORRECTIONS CORPORATION OF AMERICA

                                              By: /s/ Doctor R. Crants
                                                 -------------------------------
                                              Title: Chief Executive Officer
                                                    ----------------------------

                                        3


   4



                                    EXHIBIT A

                      Legal Description of Leased Property

                          Metes and Bounds Description
                                  64.513 Acres
                          Wm. R. Williams Survey, A-665
                          James C. Eaves Survey, A-214
                            Williamson County, Texas

Being a tract containing 64.513 acres of land situated in the Wm. R. Williams 
Survey, Abstract No. 665 and the James C. Eaves Survey, Abstract No. 214 in the
City of Taylor, Williamson County, Texas and being all of a called 64.537 acre
parcel described in deed to Corrections Corporation of America recorded in
Document Number 9639935 of the Official Records Williamson County, Texas
(O.R.W.C.T.). Said 64.513 acre tract being more particularly described by metes
and bounds with all bearings referenced to the aforementioned deed of record:

BEGINNING at a 1/2-inch iron rod found in a south right-of-way line of Welch
Street being the northwest corner of said Tract 1 and the northeast corner of a
called 16.16 acre tract described in deed to Our Lady of Gaudalupe Church
recorded in Volume 1482, page 866 of said O.R.W.C.T.;

THENCE, North 87 degrees 11 minutes 00 seconds East, along said Welch Street
right-of-way line, a distance of 1,623.43 feet to a 1/2-iron rod found in the
west right-of-way line of Park Street (60.00 feet wide) per the plat of Doak's
Addition to the Town of Taylor, a subdivision of record in Volume 56, page 483
of the Williamson County Deed Records (W.C.D.R.) and being the northeast corner
of said Tract 1;

THENCE, South 05 degrees 17 minutes 10 seconds East, departing said Welch Street
and along said Park Street right-of-way line, a distance of 1,708.31 feet to a
1/2-inch iron rod found for the northeast corner of a called 9.0 acre tract
described in deed to Mary Rundell and J. Sorenson recorded in Volume 270, page
54 of the Williamson County Probate Records and being the southeast corner of
said Tract 1;

THENCE, South 85 degrees 12 minutes 10 seconds West (called South 85 degrees 11
minutes 13 seconds West), departing said Park Street and along the north line of
said 9.00 acre tract and along the north line of a called 31.60 acre tract
described as Sixth Tract in deed to Wilhemie Sorenson recorded in Volume 1967,
page 117 of said O.R.W.C.T, a distance of 1,618.76 feet (called 1,618.44 feet)
to a 1/2-inch iron rod found for an interior corner of said 31.60 acre tract and
being the southwest corner of said Tract 1;

THENCE, North 04 degrees 48 minutes 00 seconds West (called North 04 degrees 55
minutes 32 seconds West), along the most northerly easterly line of said 31.60
acre tract, at a distance of 305.77 feet pass a found 3/4-inch iron rod, 0.12
feet left and continuing for a total distance of 355.87 feet




   5



(called 306.32 feet) to a 1/2-inch iron rod found for the most northerly corner
of said 31.60 acre tract and being the southeast corner of the aforementioned
16.16 acre tract;

THENCE, North 05 degrees 32 minutes 24 seconds West (called North 05 degrees 30
minutes 03 seconds West), along the easterly line of said 16.16 acre tract, a
distance of 1,408.61 feet (called 1,458.59 feet) to the POINT OF BEGINNING and
containing a computed area of 64.513 acres of land, more or less.

Prepared by:
SURVCON INC.
400 West 15th, Suite 500
Austin, Texas 78701
Job No. 4775-01
April 1997
Revised: June 1997

                                                T. Don Hutto Correctional Center
                                                Taylor, Williamson County, Texas



   6



                                    EXHIBIT B

                                  Mortgage Debt

                   Property: T. Don Hutto Correctional Center

This property is subject to the following Mortgage Debt:

            That certain deed of trust of First Uni*n National Bank of 
Tennessee, as Administrative Agent, dated July 18, 1997.

                                        6


   7



                                    EXHIBIT C

                              Permitted Exceptions

                   Property: T. Don Hutto Correctional Center

1.       Standby fees, taxes and assessments by any taxing authority for the 
         year 1997, and subsequent years.

2.       An easement dated February 28, 1928, granted to Texas Power & Light 
         Company of Dallas, Texas by Nellie G. Bowers, individually and as
         executrix of the Estate of A. L. Bowers, Deceased, et al., recorded in
         Volume 235, page 534, Deed Records, Williamson County, Texas.

3.       An undivided 1/8th interest i
n all oil, gas and other minerals on, in,
         under or that may be produced from the subject property as set forth in
         instrument recorded in Volume 238, Page 363, Deed Records, Williamson
         County, Texas.

4.       An undivided 1/8th interest of all oil, gas and other minerals on, in,
         under or that may be produced from the subject property as set forth in
         instrument recorded in Volume 299, Page 572, Deed Records, Williamson
         County, Texas.

5.       An undivided 1/2 interest in all oil, gas and other minerals on, in,
         under or that may be produced from the subject property as set forth in
         instrument recorded in Volume 544, Page 97, Deed Records, Williamson
         County, Texas.

6.       An undivided 1/6 interest in all oil, gas and other minerals on, in,
         under or that may be produced from the subject property as set forth in
         instrument recorded in Volume 544, Page 99, Deed Records, Williamson
         County, Texas.

7.       An undivided 1/2 interest in all oil, gas and other minerals on, in,
         under or that may be produced from the subject property as set forth in
         instrument recorded in Volume 1088, Page 309, Official Records,
         Williamson County, Texas.

8.       An undivided 1/2 interest in all oil, gas and other minerals on, in,
         under or that may be produced from the subject property as set forth in
         instrument recorded in Volume 1133, Page 880, Official Records,
         Williamson County, Texas.

9.       All matters shown on the ALTA/ACSM Land Title Survey, dated April 17, 
         1997, as revised June 24, 1997, prepared by Arthur W. Girts, Jr.,
         R.P.L.S. No. 4741, Survcon Inc., 400 W. 15th, Suite 500, Austin, Texas
         78701, Job #4775-01.



   8


                                    EXHIBIT D

                               Base Rent Schedule

                   Property: T. Don Hutto Correctional Center

         Tenant will pay to Landlord annual Base Rent of $2,541,000.00, payable
in equal monthly installments of $211,750.00.

         Base Rent for the Extended Term, Second Extended Term and Third
Extended Term shall be equal to the fair market rental value of the Leased
Property as of the respective commencement dates thereof.

Hola y’all…

Here’s the most recent news links about the imprisonment of children in the Hutto jail in Taylor , Texas …

I’d like to commend all three of the following. The Editorial Board of the Austin Statesman didn’t pussy foot around with this issue. Greg Moses of the Texas Civil Rights Review seized detailed specifics from immigration attorney, John Gibson, and laid it out very succinctly for us. Daniel Lai of the local paper in Taylor didn’t water anything down in his report. Here goes…
From the Editorial Board of the Austin American Statesman.
http://www.statesman.com/opinion/content/

editorial/stories/12/19/19taylor_edit.html

From Greg Moses (digging deeper):
https://texascivilrightsreview.org/phpnuke/
modules.php?name=News&file=article&sid=691

From Daniel Lai of the local paper right in Taylor :

http://taylordailypress.net/articles/2006/12/18/news/news01.prt

Keep the fire against imprisonment of innocent children and refugees…by Chertoff and Company…ablaze.

Shame on ICE…for bringing its Gulag onto American soil…and right here in Texas …in the shadows of the State Capitol…

Please share…

Jay

P.S. The attached pic shows the razor wire prison walls… jjj

[See photo on right sidebar–gm]

In response to an editorial in the Austin American-Statesman (pasted below under “Read More”), Dallas attorney John Wheat Gibson fired off the following email.

It is his second email to the Statesman in two days. The first one tried to correct the erroneous claim that frames the editorial in the second sentence: the claim that immigrants jailed at Hutto belong to families who entered the USA illegally. Gibson’s clients, two Palestinian families, entered with visas and applied for asylum.

In the email below, Gibson works on another phrase, and we quote:

“Age of terrorism,” my ass. The incarceration of the Palestinian families at Hutto has nothing whatsoever to do with terrorism, except that they came to the United States fleeing terrorism by the Israeli Occupation Forces in Palestine. It has absolutely nothing to do with “keeping tabs on illegal immigrants.” The Department of Homeland Stupidity at all times knew the correct address–had “tabs on”–the victims, because the scrupulously reported promptly every change in their addresses to the Department.
Nobody wants to admit that their leaders might do evil. Germans hearing of atrocities in the 1930s would say, “Der Furher does not know about it. He would put a stop to it if he did.”

But the fact is that, as the Germans learned and I hope we Americans are not too stupid to be learning, that governments do lie and terrorize their own populations for political purposes and to silence dissent.

There is no legitimate purpose whatsoever in keeping the Palestinian children or their parents in prison in Hutto or anywhere else. The roundup on November 3 when they were arrested at their homes was nothing more or less than a Kristalnact terror aimed at the American people, as the press release the DHS issued makes clear in calling these children “criminals and absconders”.

It is time the Statesman faced reality and stopped cooperating with the DHS’s anti-Muslim hate propaganda, of which the incarceration of children is only one recent, but particularly cynical example.

John Wheat Gibson, P.C.

Dallas, Texas

http://www.statesman.com/opinion/content/editorial/stories/12/19/19taylor_edit.html

EDITORIAL
Putting children behind bars in Taylor

EDITORIAL BOARD
Tuesday, December 19, 2006

There has to be a better way. It cannot be right to imprison children guilty of nothing more than following their parents into the United States illegally.

The American-Statesman’s Juan Castillo recently reported on a private prison in Williamson County where families of illegal immigrants are held to await disposition of their cases. It is one of two Immigration and Customs Enforcement facilities in the United States holding non-Mexican unauthorized immigrants on noncriminal charges.

The facilities also are living testimony to a broken system for adjudicating immigration cases. There are 215 federal immigration judges serving in 53 immigration courts across the country. Last year, they handled more than 350,000 specific matters, including 270,000 individual cases.

The backlog is so strained that U.S. Attorney General Alberto Gonzalez, the grandson of Mexican immigrants, noted: “The department and the federal courts are straining under the weight of an immigration litigation system that is broken. Under the current system, criminal aliens generally receive more opportunities for judicial review of their removal orders than noncriminal aliens.”

In short, illegal immigrants who commit crimes get speedier legal attention than these children, who have done nothing wrong other than follow their parents.

Nothing will change until reforms are initiated, and Congress has done little to fix a broken immigration policy and the machinery to enforce it. The result is the private prison facility in Taylor and a smaller one in Pennsylvania .

According to those familiar with the families in the private prison, children of those apprehended are dressed in prison jumpsuits and receive only one hour of schooling and one hour of recreation a day. The trade-off is that they get to remain with their families.

Hard information on the program and the private prison is difficult to come by. The company running the prison refers questions to the immigration office, and the immigration office has had little to say about the situation.

News of the 400 people — 200 of them children — being held in the T. Don Hutto unit in Taylor has sparked protests from several groups interested in immigrant issues. They are concerned about everything from care and feeding of those being held to the psychological effect of incarceration on children and families.

Federal authorities began detaining all unauthorized immigrants last summer. The reason for the detention was that so many who were charged with unauthorized entry into the United States never appeared for their court dates. They melted back into the population.

It is understandable in this age of terrorism that authorities want to keep tabs on illegal immigrants and ensure their appearances in courts. But there should be a way to see that they have their day in court without imprisoning their children.

Keeping families intact would appear to be a humane policy, as well. But the result of the new detention policy has been to jail children, and that is not acceptable. Those who have visited the detainees, some of whom are seeking political asylum, say the detention is damaging.

Little kids in prison jumpsuits and nametags presents a sad picture. Children are truly at the mercy of their parents, and incarceration cannot be good for their physical, mental or emotional health.

For reasons of security and the law, a close watch on the nation’s borders is warranted. But what isn’t acceptable is jailing mothers and children awaiting a hearing on their status.

There has to be a better way.