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Child Dies After Leaving ICE Facility; Judge Returns Asylum Seekers; Family of Nashville Victim Demand Answers. Aired 8:30-9a ET

Aired August 10, 2018 - 08:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

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[08:30:41] JOHN BERMAN, CNN ANCHOR: An investigation underway right now over allegations that a migrant child died after being released from an Immigration and Customs Enforcement facility in Texas.

Dianne Gallagher is live in the CNN Center with the very latest details.

Dianne, what are you learning?

DIANNE GALLAGHER, CNN CORRESPONDENT: Yes, John, this is actually a story that we ourselves have been trying to chase down and nail down for a couple weeks at this point, but it looks like now this Texas Department of Family and Protective Services has gotten confirmation of a name which is something that they and ICE officials said they'd been trying to get for weeks since this story first surfaced on social media. They said that a small child, according to the attorney that represents this child's mother, a small child died soon after being released from the south Texas family residential center in Dilley, Texas.

Now, there is not much more information that we have on this, John. We essentially know that the -- we don't know how old the child is. We don't know how the child died. We don't know how long they lived in that Texas facility in Dilley.

This is a place that I actually toured just yesterday. Now, they wouldn't let us bring our cameras inside because it's been pretty typical of these government tours of these areas, but they did send a photographer along with us to get video during it. You may be seeing that now. It doesn't look like it's up there. But this video kind of shows you what it looks like inside there.

Now, according to those attorneys, they say it was unsanitary conditions at Dilley that contributed to this child's death. That's according to the attorney.

Full disclosure, while we were there, I didn't see anything that looked quite unsanitary. Again, they kind of put on and let us see what they want us to see. But nothing looked quite unsanitary. We're still trying to get more information, John, about this child and what may have contributed to their death.

But, Erica, of course, this is quite disturbing news, a child potentially dying because of conditions in government custody.

ERICA HILL, CNN ANCHOR: It absolutely is. And important to keep digging to try to get those details.

Dianne, appreciate it.

All of this coming as a federal judge put a temporary hold on the deportation of asylum seekers who were suing the government. The issue at stake here are new rules that would reject asylum claims for most cases which site domestic violence or gang violence. During a hearing on Thursday, the judge actually ordered the government to literally turn around a plane because on board that plane, the judge had learned, were two of these asylum seekers who were in the process of being sent back to their home country, even though they weren't supposed to be there.

Joining us now is Jennifer Chang Newell. She's managing attorney for the California office of the ACLU Immigrants' Rights Project.

And I do want to talk specially about this case that you're involved with. What we heard from the judge yesterday. Also, though, I'd just like to get your reaction, really quickly, to what we just heard from Dianne Gallagher about what we're -- what we're learning and the questions still surrounding the death of this child.

JENNIFER CHANG NEWELL, MANAGING ATTORNEY, ACLU IMMIGRANTS' RIGHTS PROJECT: You know, I -- I haven't heard any information about it, but it sounds horrifying.

HILL: It's something we'll definitely continue to stay on.

As we look at this other case that you're involved in, so you, as I pointed out, I mean you're involved in this case. You were actually -- you were appearing, you were there, you know, sort of telephonically, as you said, when all of a sudden you got an e-mail notifying you that the clients that you had who were seeking asylum were on a plane and you're the one who told the judge. What happened next?

NEWELL: Sure.

So we were in court seeking that emergency stay of deportation to prevent those exact individuals -- a mother and her little girl -- from being deported. And the government had represented to the court and to us the day before and told the judge in open court that none of our plaintiffs would be removed before 11:59 p.m. yesterday. In other words, that they wouldn't be removed yesterday. And based on that, the judge had ordered an extremely expedited briefing schedule that had us up until the middle of the night filing legal papers and then the hearing the next morning. And the judge had called a recess in the middle of the hearing after hearing arguments from both sides.

[08:34:56] And it was during that time that I received an e-mail from the CARA Pro Bono Project, which is this heroic, amazing organization that provides representation at Dilley, letting us know that Carmen and her little girl had been taken from their rooms yesterday, dragged out of their rooms, and put on a plane. And so we frantically started trying to confirm that information. And

when the judge came back on the bench, I let him know what we had learned. And I said that this was unacceptable and that we were asking for the court to order the government to bring our clients back to the country, back to safety.

HILL: Which the judge did. He, in fact, and just from the transcript of the proceedings, called it pretty outrageous, in his words, and he did, in fact, say he's directing the government to turn around that plane.

So we do know you had confirmation that these two asylum seekers did, in fact, end up back in Texas last night. Do you know where they are now?

NEWELL: We understand from the government that they were scheduled to be back at the Dilley Family Detention Facility sometime around 11:00 last night. But we have not independently been able to confirm that yet.

HILL: And so what happened now for these two asylum seekers?

NEWELL: Well, they are part of our case and we are, you know, continuing to fight for them in court. Our case is on behalf of these two individuals, as well as ten other asylum seekers who are fleeing brutal persecution, including beatings, murder, rape, kidnapping in their home countries in Central America. And we're in court arguing that these new policies from the Trump administration, which are designed to deny more and more asylum seekers the right to have their claims meaningfully heard, we're in court arguing that these policies are unlawful.

HILL: I know you've also --

NEWELL: For the next --

HILL: Argued that it undermines the -- even the fundamental human rights of women.

I just want to put up for folks at home, Attorney General Sessions, in what he has to say when it comes to domestic violence, as we know, gang violence. He said, I don't minimize the vile abuse the respondent reported she suffered at the hands of her ex-husband, but the mere fact that a country may have problems effectively policing certain crimes, such as domestic violence or gang violence or that certain populations are more likely to be victims of crime cannot itself establish an asylum claim.

What do you make of that argument?

NEWELL: Well, the attorney general and the immigration authorities and these new policies, they're putting out an erroneous, heightened legal standard. And he's -- he's just flat wrong. You know, in reality, the immigration courts and the federal courts have recognized a variety of asylum claims based on domestic -- sorry, gender based violence, as well as gang-related violence. And in the new policies, the administration has instructed asylum adjudicators that individuals like our clients, who have asylum claims based on domestic violence or gang-related violence simply can't make out their claims. And that's wrong.

HILL: Jennifer Chang Newell, appreciate you time. We'll continue to stay on this case as well. Thank you.

NEWELL: Thank you.

BERMAN: The family of a victim killed by police in Nashville, they're demanding the officer who shot him be charged. The victim's mother joins us next.

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[08:42:23] HILL: Newly released surveillance footage appears to show a Nashville police officer shooting a 25-year-old man in the back as he ran away after a traffic stop last month. The video, released by the Nashville District Attorney's Office, shows Daniel Hambrick, a black man, run as Officer Andrew Delke, who is white, follow behind him. The officer then appears to stop and aim his gun. Hambrick's family and the NAACP are demanding that Officer Delke be fired and charged with criminal homicide.

Joining us now, Daniel's mother, Vickie Hambrick, and the family's attorney, Joy Kimbrough.

We appreciate both of you taking the time for us this morning.

And, Vickie, our condolences as well.

I know you have said you what to see justice here. What would justice mean for you?

VICKIE HAMBRICK, MOTHER OF DANIEL HAMBRICK: Justice would mean something (ph) for all the young men and women. And that's what justice means for me. You know, I want justice for everybody all over the United States for justice, not just for my baby, but all the young men and women.

HILL: As we noted, you're asking for Officer Delke also to being charged. But you also want -- this is being -- there's an independent investigation right now, we should point out, between the district attorney general and the TBI is helping out there as well. You would like, though, to see I know the FBI open a civil rights investigation here and also a separate review of the Metro Nashville Police Department.

Vickie, how will that help in this push for you towards justice? What do you believe that could -- that we could learn from that?

JOY KIMBROUGH, ATTORNEY FOR HAMBRICK FAMILY: Well, I think what Miss Hambrick wants is for this to never happen again. We are just -- we're still within maybe two years of another shooting in Nashville, another police shooting where Jocques Clemmons, another young African-American man, was running away and the police shot him repeatedly in the back. We don't want this to happen again.

The video is clear. We are all able to see what happened in this instance. This young man, her son, Daniel Hambrick, was running away. He was running. And he was executed. He was shot in the back of his head. His head exploded. He was shot in his back repeatedly. We do not want this to happen again. We do not want it to happen.

HILL: Vickie, who has reached out to you at this point? Because we've heard that, you know, conversations are happening in the city. We've heard from the mayor. Who has reached out to you, though, to talk to you about what it's like to be the mother of a young man who was killed this way?

[08:45:10] HAMBRICK: The NAACP and the senator and the mayor.

HILL: And do you feel that you're getting, especially on a local level from the mayor, do you feel you're getting the support that you need?

HAMBRICK: No, not really.

HILL: Where do you think it's lacking?

KIMBROUGH: Well, I think she doesn't understand your question. Would you repeat it?

HILL: Yes. If -- they've reached out to you, but specifically from the mayor, and the mayor has spoken out on this saying, you know, that he wanted the video released for transparency in the investigation, so he agreed with the decision. Also that he's noting that he had asked the Metro Nashville Police Department to undergo a comprehensive review of its policing strategies. He says he's committed to that process with an open mind. Do you feel that they are behind you, Vickie, at this point, I guess is my question?

HAMBRICK: Yes, I do.

HILL: OK.

The -- and, Joy, I'll put this to you. We know the Fraternal Order of Police in response has said they believe he acted, quote, reasonably under the totality of the circumstances and in the confines of the law and departmental policies. We are confident that an independent investigation conducted by the TBI will reflect that and totally exonerate him. What's your reaction to that?

KIMBROUGH: Well, we've all seen the video. I don't know what additional evidence or information they would expect to come out of this. I don't think -- I don't recall ever the Fraternal Order of Police ever saying that there is any fault in any police shooting. So that does not surprise me that the Fraternal Order of Police are supporting an officer in an execution-style killing.

HILL: Are you confident that -- are you confident in this investigation that's being led by the district AG and the Tennessee Bureau of Investigation? KIMBROUGH: Well, I think this is the first time in the history of

Nashville that the Tennessee Bureau of Investigation actually gets to come in and investigate from the very beginning. This only occurred -- this only happened because of the Jocques Clemmons killing that now they ask any police-involved shooting that the Tennessee Bureau of Investigation come in and investigate from beginning to end.

HILL: Vickie, what's important not to -- we don't want to lose in this, it is so important to have this discussion going forward and to talk about the investigation and to talk about what will happen next, but we also want to know about Daniel and we want to know about your son. Tell us about him, if you would.

HAMBRICK: Daniel was a good child. I raised him when -- when I -- when I was young, I had to go to church. I didn't have no choice but to go to church. And that's what I taught my son, to go to church, stay in church, be close to with God. You know, I kept him in sports. I kept him in all kinds of programs. And everybody wanted to come over to Miss Vickie's house or Mama Vickie or Aunty Vickie's house. And every time they come over, they know they had to go to church. And they didn't have no problem with it. And Dan was a very, very sweet child. He would give you the shirt off his back. And if it was his last, he would give you his last.

He didn't care if it was a dime, quarter, or whatever, he would give you his last. Gave kids clothes, gave kids shoes, whatever they need, he gave them. And that's why they loved him. And that's why they loved to be around me and Daniel.

And it hurts because, you know, my baby's gone. And so I want us to help all these young folks, you know, to give back and help them and, you know, make sure they be in school, make sure, you know, they be somebody positive, you know, and grow up to be a lawyer or a judge or a president. And so that's why I'm trying to push it so they can be somebody. You know, so other people can't say, well, they're got nobody. I want them to be proud of themselves and I want to be proud of them.

HILL: Vickie Hambrick --

KIMBROUGH: And I think it's -- it's important to say, I want you to know that this was Miss Hambrick's only child. He was her only child. Miss Hambrick is legally blind. He was like her eyes. So it's a great loss. It's a great loss for Miss Hambrick.

HILL: Vickie Hambrick, Joy Kimbrough, we appreciate you taking the time to join us this morning. Our condolences again.

KIMBROUGH: Thank you.

HAMBRICK: Thank you.

[08:50:00] HILL: And we'll continue to follow the developments. Thank you.

KIMBROUGH: Thank you. HAMBRICK: Thank you. BERMAN: We're follow some breaking news out of Canada, where four people have been shot. A suspect, we now have learned, is in custody. We have breaking details, next.

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BERMAN: I want to update you on the breaking news that's happening now in Canada. There is a suspect in custody in a deadly shooting in Fredericton, New Brunswick. Police say that shooting has killed at least four people. Officers are still telling people to stay away from the area and say they'll have the area locked down for the foreseeable future. They had told residents to stay inside their homes and lock their doors. A spokesman for the hospital in the area tells CNN they're on high alert preparing to receive any victims. The investigation is still ongoing and we are going to bring you more information as we continue to get it.

[08:55:03] HILL: This week's CNN Hero decided to leave behind a successful career in New York City and dedicate his life to helping poor children living on the streets in Vietnam. Neal Bermas' non- profit uses cooking to help give kids direction. Take a look.

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UNIDENTIFIED FEMALE: Welcome everyone to the Oodles of Noodles cooking class today.

NEAL BERMAS: We developed this Oodles of Noodles. It's not quite a tour. It's not quite a cooking class. It's not quite a demonstration.

UNIDENTIFIED FEMALE: We show the guests how to make the rice noodle.

Also, teach the guests how to say in Vietnamese.

BERMAS: They're practicing their English and they're developing their confidence and their tableside with the guests and they're tasting and having fun and it's this very, very uplifting experience.

(END VIDEO CLIP)

HILL: You can learn more about Neal's nonprofit at cnnheroes.com.

BERMAN: That is all for us this morning. Have a fantastic weekend.

CNN "NEWSROOM" with Poppy Harlow picks up right after a quick break.

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[09:00:07] POPPY HARLOW, CNN ANCHOR: Good morning, everyone. I'm Poppy Harlow in New York. So glad you're with me this Friday.

This morning, after numerous NFL players took knees and raised