Time to Ditch Deliberate Indifference: COVID-19, Immigrant Challenges, and the Future of Due Process (2024)

FAQs

What is the problem with immigration detention? ›

Immigration detention facilities, regardless of the type of contracts, have been the sites of serious and repeated allegations of abuse, including allegations of sexual assault, violations of religious freedom, medical neglect, and the punitive use of solitary confinement.

If ICE puts a hold on you, ICE will likely pick you up from the jail. To allow ICE to do this, the jail will probably keep you for up to 48 hours after the time you are supposed to be released. These 48 hours don't include Saturdays, Sundays, and federal holidays.

A detained person can ask an immigration officer or the immigration judge for a bond or release. To qualify, they need to prove they will come to all their court hearings and obey the final order. Family and friends outside of detention can help them organize their proof.

Immigration and Customs Enforcement (ICE) states that the purpose of immigration detention is twofold: 1) to protect the wider community from those noncitizens who may pose a safety risk; and 2) to ensure that the individual will comply with any immigration proceedings (including removal).

Rather, immigration detention is solely for the purpose of holding in confinement aliens charged with violating the immigration laws while their removal proceedings are pending and, if ordered removed, up to and including the act of repatriation to the country of 1) origin, 2) last habitual residence, or 3) from which ...

Instead of finding refuge, these people are held in ICE custody for extended periods, enduring inhuman conditions such as solitary confinement (dubbed “segregation” by ICE), where they are isolated in small cells with minimal contact with others for days, weeks, or even years.

Immigration can request that a jail or prison keep you in custody for an additional 48 hours, excluding weekends and holidays, beyond the date you've been ordered released so that they can arrest you and put you in deportation proceedings. These detainer requests are not criminal warrants, and they can violate the law.

Your immigration status should have no effect on your ownership and access to your money. The U.S. government cannot seize your money simply because you are an unauthorized immigrant.

Immigrants who are deemed to not be a security risk to the United States may be released on bond until their court date. Others may be detained for weeks if not months.

Release on Recognizance or Bond: In some cases, individuals with deportation orders may be released on recognizance or granted a bond by ICE. This means they can remain free from detention but must comply with certain conditions, such as attending immigration court hearings and reporting to ICE regularly.

What is the 48 hour rule for immigration detainers? ›

A: By issuing a detainer, ICE requests that a law enforcement agency notify ICE before releasing an alien and maintain custody of the subject for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, to allow ICE to assume custody.

Hours: Legal visitation is permitted 7 days a week for a minimum of 8 hours a day on business days and 4 hours a day on weekends and holidays. To obtain the visiting hours for a specific facility use the Detention Facility Locator on ICE.gov to locate the facility and look under the “Hours of Visitation” tab.

The UNHCR regional representative Richard Towle stated that “prolonged detention, particularly in isolated locations, can have severe and detrimental effects on the health and psycho-social well-being of those affected.” Patrick McGorry, mental health specialist and Australian of the Year also conveyed his concern ...

CBP enforces immigration laws at and between the ports of entry, ICE is responsible for interior enforcement and for detention and removal operations, and USCIS adjudicates applications and petitions for immigration and naturalization benefits.

Detention and other punitive measures, like suspensions and expulsions, can contribute to other issues, such as recidivism among students, despite harsher or longer punishments. These measures have the potential to increase apathy and defiance.

Living conditions are difficult at detention centers. You will likely be transported to a detention center in handcuffs and sometimes in shackles. Many of your personal belongings will be taken away, and you will be assigned a specific bed.

Mass detention of immigrants and asylum seekers places the United States further at odds with international norms and treaty obligations. Detention places people in conditions known to cause mental and physical harm and endanger their lives.