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“Warehousing Human Beings”

Former immigration judge Andrea Sáenz and American Immigration Council’s Aaron Reichlin-Melnick on the conditions at Delaney Hall and other ICE detention centers across the U.S.

Hundreds of detained people launched a hunger and labor strike at Delaney Hall in Newark, New Jersey, over Memorial Day weekend to protest inhumane conditions at the immigration detention facility run by the for-profit company GEO Group. Protesters flocked to the scene to echo detainees’ pleas for release and better conditions — and were met with brutal tactics from federal, local, and state law enforcement officials, who beat, tear-gassed, and arrested protesters.

“Detainees are raising that they have no access to quality medical care, that they’re not getting needed medications,” Andrea Sáenz, a former federal appellate immigration judge who was fired by the Trump administration last year, tells The Intercept Briefing. “They don’t have enough food to eat. The food that they are getting is spoiled. They’re facing hostility and harassment and violence from the guards.”  

This week on the podcast, host Jessica Washington speaks to Sáenz and Aaron Reichlin-Melnick, a senior policy fellow at the American Immigration Council, about the conditions at the 1,000-bed jail and other detention centers across the country. The Trump administration has restricted members of Congress and state officials from oversight of federal immigration detention centers. “ICE doesn’t want people to see the way that they’re treating human beings in these facilities,” says Sáenz. 

Intercept reporter Noah Hurowitz, who covers federal law enforcement and immigration, was on the scene at Delany Hall on Monday. He describes the violence that erupted outside of the facility between protesters and law enforcement officers.

“The ICE agents on the scene were quite willing to use violence at times against protesters,” says Hurowtiz. “But from everything I saw, the Newark and New Jersey police were much more indiscriminate with their violence and much more willing to attack outright and fire tear gas and really put people in danger.”

Reichlin-Melnick says that the Trump administration’s war on immigrants should concern everyone. “We’re seeing every government database being turned into a tool of the mass deportation state, and that is something that impacts all Americans,” he adds, “because you cannot carry out a mass deportation of 4 percent of the U.S. population without fundamentally transforming the United States into more of a police state.” 

For more, listen to the full conversation of The Intercept Briefing on Apple Podcasts, Spotify, YouTube or wherever you listen.

Jessica Washington: Welcome to The Intercept Briefing, I’m Jessica Washington, politics reporter at The Intercept. 

Noah Hurowitz: And I’m Noah Hurowitz. I cover federal law enforcement and immigration at The Intercept. 

JW: Noah, you were outside Delaney Hall in Newark, New Jersey, on Monday afternoon after dozens of protesters were arrested the night before after clashing with state and local police. Noah, what can you tell us about what went down and why protesters were out there in the first place?

NH: The current wave of protests outside Delaney Hall started around May 28, and it was called in solidarity with detainees inside the facility who were withholding labor and hunger striking, some of them, to protest really bad conditions inside the jail, including bad food, maggots in the food, inadequate medical care. There’s all sorts of complaints that we’re hearing from people inside. A wife of one of the hunger strikers called on local organizations to rally in solidarity.

Now, the way that it began was, for several days, there were protesters standing directly outside one of the entrances to Delaney Hall. And the way it would go for several nights was that basically after dark, the protesters would be standing along the entrance. And every time a car had to go in or out, the ICE agents who were standing outside — full kit, masks — would push out and try to clear the way for cars to come in or out.

That is usually when some of the more spectacular clashes that you may have seen took place. So they’d be swinging batons, they’d be hitting people with pepper sprays. It was pretty ugly, but it was this weird choreography of static, static, static — and then conflict when the ICE agents would attack, and then back to a sort of status quo.

ICE Pepper-Sprayed, Beat Detainees for Protesting “Horrific Conditions” in Delaney Hall Jail

But when state and local police arrived on the scene and tried to secure the area around Delaney Hall, that’s when things got really ugly. So on the night of Friday, May 29, and really on the evening of Saturday, May 30, there were these widespread scenes of disorder as police came in with riot shields and gas masks and started firing tear gas.

A number of people were injured, including a freelance photographer for The Associated Press who suffered a pretty severe injury to her leg. Everyone that I spoke to said that as rough as ICE could be — and as daunting as the image of these masked guys just taking swings at protesters was — it really got so much more chaotic when state and local police got involved.

Now, Mayor Ras Baraka declared a curfew, which is ironic because Mayor Baraka was previously arrested protesting conditions at ICE, and he’s, from the beginning, taken a stance of what’s happening at Delaney Hall is unacceptable but protesters need to be peaceful. The way that was enforced was very not peaceful.

On Sunday night, there was a curfew imposed for 9 p.m., and they had also set up a frozen zone on the industrial corridor that Delaney sits. So they had set up police checkpoints about a half mile in either direction so that protesters couldn’t even get in front of the detention facility anymore.

On Sunday night, according to a number of my colleagues who were covering it that night and other reporting that I’ve seen, after 9 p.m., when the curfew was imposed, police began to kettle protesters. They began to surround them and prevent them from leaving, saying that they were now in violation of the curfew.

They let media leave for the most part if they were able to show credentials, but a handful of more citizen journalists were arrested that night. They held dozens of protesters and a handful of reporters in jail. After a certain point, they needed to be released on Monday afternoon.

So when I arrived on the scene, late on Monday afternoon, people were just starting to get released. It was a pretty tame scene. No one was able to get close to the facility. The police had set up these free-speech zones with several dozen protesters there with signs and megaphones. There were many dozens of police and a lot of media.

When 9 o’clock rolled around, most of the protesters started to filter out, with the exception of a handful of protesters who played this brief game of cat and mouse with the police. As police were advancing, they were backing up to the supposed “free-speech zone” about 500 yards away.

Trump Is Prosecuting a Congressional Democrat for Doing Her Job. The Media’s Response: No Big Deal.

There were no arrests that night that I saw. There was a number of Newark community leaders on the scene who were also trying to bring down the temperature, which protesters were not happy about because they felt like this was just an effort to diffuse things.

From what I saw, the ICE agents on the scene were quite willing to use violence at times against protesters in order to maintain that entrance. But from everything I saw, the Newark and New Jersey police were much more indiscriminate with their violence and much more willing to attack outright and fire tear gas and really put people in danger.

JW: You and I have both covered the aggressive and deadly tactics used by federal immigration agents in Minneapolis. Noah, how is what we’re seeing different in New Jersey than what we saw in Minneapolis or even Chicago last year? Or is this just a continuation of more of the same?

NH: I think it’s a continuation of what we saw in those other places with some notable differences. Minnesota and in Chicago, the police and the state and local officials there got a lot of flak from the Trump administration for speaking out against the ICE raids that were happening and for taking a step back.

“Law and order were their first priority, rather than the lawless and lack of order behavior of ICE agents and of this privately operated detention facility.”

“Law and order were their first priority, rather than the lawless and lack of order behavior of ICE agents and of this privately operated detention facility.”

Here, the rhetoric was there from the state and local officials. Both the mayor and the governor were speaking quite stridently against the alleged abuses at Delaney Hall and against the violence being used against protesters. But they also seemed a lot more willing to use their authority to diffuse the protests, which has led to a lot of criticism from protesters who were saying that they basically were trying to co-opt this protest, they were trying to prevent any problems for their own political calculations — that law and order were their first priority, rather than the lawless and lack of order behavior of ICE agents and of this privately operated detention facility.

JW: We’re going to get into all of that and much more in our next conversation. I speak with Andrea Sáenz, a Senior Counsel at Co-Counsel NYC, a nonprofit providing immigration legal services and training. She previously served as an Appellate Immigration Judge with the Board of Immigration Appeals in the U.S. Department of Justice from 2021 to 2025.

Also joining us is Aaron Reichlin-Melnick, a senior policy fellow at the American Immigration Council, where he works to break down the complex reality of immigration law and policy to the media, policymakers, and the general public. 

NH: Hell yeah, let’s get into it.

JW: Andrea and Aaron, welcome to The Intercept Briefing.

Aaron Reichlin-Melnick: Thank you for having us.

Andrea Sáenz: Thank you.

JW: Andrea, we just heard from my colleague Noah Hurowitz, who’s been reporting from Delaney Hall. Detainees have been holding hunger and labor strikes at the New Jersey detention center. What more can you tell us about the conditions at Delaney that sparked these strikes?

AS: What’s going on at Delaney is really a microcosm of what’s happening all over the country in terms of incredibly harsh and inhumane conditions in ICE detention, that don’t have any accountability. 

At Delaney in particular, detainees are raising that they have no access to quality medical care, that they’re not getting needed medications. They don’t have enough food to eat. The food that they are getting is spoiled. They’re facing hostility and harassment and violence from the guards.  

I’ve been really gratified to see elected officials and press and others paying attention to this. But unfortunately, it’s something that we’re seeing all over the country from Adelanto to Dilley to Camp East Montana, in Texas.

JW: So Aaron, your organization, the American Immigration Council published a report earlier this year about the Trump administration’s immigration detention expansion efforts this term. A section of the report reads “A system of detention, which did not fully take off until the mid-1990s, is now on track to rival the entire federal criminal prison system by the end of President Trump’s second term in office. This expansion is fueled by an unprecedented increase in funding provided by Congress in President Trump’s One Big Beautiful Bill Act. Combined with ICE’s annual appropriations, ICE has nearly $15 billion per year to use on immigration........

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